105 
(C) not subject to limitations on royalty re-
lief based on market price that are equal to or 
less than the price thresholds described in 
clauses (v) through (vii) of section 8(a)(3)(C) of 
the Outer Continental Shelf Lands Act (43 
U.S.C. 1337(a)(3)(C)). 
(2) LESSEE.—The term ‘‘lessee’’ includes any 
person or other entity that controls, is controlled by, 
or is in or under common control with, a lessee. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 233. PRICE THRESHOLDS FOR ROYALTY SUSPENSION 
PROVISIONS. 
The Secretary of the Interior shall agree to a request 
by any lessee to amend any lease issued for any Central 
and Western Gulf of Mexico tract in the period of January 
1, 1996, through November 28, 2000, to incorporate price 
thresholds applicable to royalty suspension provisions, that 
are equal to or less than the price thresholds described 
in clauses (v) through (vii) of section 8(a)(3)(C) of the 
Outer 
Continental 
Shelf 
Lands 
Act 
(43 
U.S.C. 
1337(a)(3)(C)). Any amended lease shall impose the new 
or revised price thresholds effective October 1, 2010. Ex-
isting lease provisions shall prevail through September 30, 
2010. 
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106 
TITLE III—OIL AND GAS 
ROYALTY REFORM 
SEC. 301. AMENDMENTS TO DEFINITIONS. 
Section 3 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1702) is amended— 
(1) in paragraph (8), by striking the semicolon 
and inserting ‘‘including but not limited to the Act 
of October 20, 1914 (38 Stat. 741); the Act of Feb-
ruary 25, 1920 (41 Stat. 437); the Act of April 17, 
1926 (44 Stat. 301); the Act of February 7, 1927 
(44 Stat. 1057); and all Acts heretofore or hereafter 
enacted that are amendatory of or supplementary to 
any of the foregoing Acts;’’; 
(2) in paragraph (20)(A), by striking ‘‘: Pro-
vided, That’’ and all that follows through ‘‘subject of 
the judicial proceeding’’; 
(3) in paragraph (20)(B), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
(4) in paragraph (23)(A), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
(5) by striking paragraph (24) and inserting 
the following: 
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‘‘(24) ‘designee’ means a person who pays, off-
sets, or credits monies, makes adjustments, requests 
and receives refunds, or submits reports with respect 
to payments a lessee must make pursuant to section 
102(a);’’; 
(6) in paragraph (25)(B)— 
(A) by striking ‘‘(subject to the provisions 
of section 102(a) of this Act)’’; and 
(B) in clause (ii) by striking the matter 
after subclause (IV) and inserting the following: 
‘‘that arises from or relates to any lease, easement, right- 
of-way, permit, or other agreement regardless of form ad-
ministered by the Secretary for, or any mineral leasing 
law related to, the exploration, production, and develop-
ment of oil and gas or other energy resource on Federal 
lands or the Outer Continental Shelf;’’; 
(7) in paragraph (29), by inserting ‘‘or permit’’ 
after ‘‘lease’’; and 
(8) by striking ‘‘and’’ after the semicolon at the 
end of paragraph (32), by striking the period at the 
end of paragraph (33) and inserting a semicolon, 
and by adding at the end the following new para-
graphs: 
‘‘(34) ‘compliance review’ means a full-scope or 
a limited-scope examination of a lessee’s lease ac-
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counts to compare one or all elements of the royalty 
equation (volume, value, royalty rate, and allow-
ances) against anticipated elements of the royalty 
equation to test for variances; and 
‘‘(35) ‘marketing affiliate’ means an affiliate of 
a lessee whose function is to acquire the lessee’s pro-
duction and to market that production.’’. 
SEC. 302. COMPLIANCE REVIEWS. 
Section 101 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1711) is amended by 
adding at the end the following new subsection: 
‘‘(d) The Secretary may, as an adjunct to audits of 
accounts for leases, utilize compliance reviews of accounts. 
Such reviews shall not constitute nor substitute for audits 
of lease accounts. Any disparity uncovered in such a com-
pliance review shall be immediately referred to a program 
auditor. The Secretary shall, before completion of a com-
pliance review, provide notice of the review to designees 
whose obligations are the subject of the review.’’. 
SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAY-
MENTS. 
Section 102(a) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1712(a)) is amended 
to read as follows: 
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‘‘(a) In order to increase receipts and achieve effec-
tive collections of royalty and other payments, a lessee who 
is required to make any royalty or other payment under 
a lease, easement, right-of-way, permit, or other agree-
ment, regardless of form, or under the mineral leasing 
laws, shall make such payment in the time and manner 
as may be specified by the Secretary or the applicable dele-
gated State. Any person who pays, offsets, or credits mon-
ies, makes adjustments, requests and receives refunds, or 
submits reports with respect to payments the lessee must 
make is the lessee’s designee under this Act. Notwith-
standing any other provision of this Act to the contrary, 
a designee shall be liable for any payment obligation of 
any lessee on whose behalf the designee pays royalty under 
the lease. The person owning operating rights in a lease 
and a person owning legal record title in a lease shall be 
liable for that person’s pro rata share of payment obliga-
tions under the lease.’’. 
SEC. 304. REQUIRED RECORDKEEPING. 
Section 103(b) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1712(a)) is amended 
by striking ‘‘6’’ and inserting ‘‘7’’. 
SEC. 305. FINES AND PENALTIES. 
Section 109 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1719) is amended— 
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(1) in subsection (a) in the matter following 
paragraph (2), by striking ‘‘$500’’ and inserting 
‘‘$1,000’’; 
(2) in subsection (a)(2)(B), by inserting ‘‘(i)’’ 
after ‘‘such person’’, and by striking the period at 
the end and inserting ‘‘; and (ii) has not received no-
tice, pursuant to paragraph (1), of more than two 
prior violations in the current calendar year.’’; 
(3) in subsection (b), by striking ‘‘$5,000’’ and 
inserting ‘‘$10,000’’; 
(4) in subsection (c)— 
(A) in paragraph (2), by striking ‘‘; or’’ 
and inserting ‘‘, including any failure or refusal 
to promptly tender requested documents;’’; 
(B) in the text following paragraph (3)— 
(i) by striking ‘‘$10,000’’ and insert-
ing ‘‘$20,000’’; and 
(ii) by striking the comma at the end 
and inserting a semicolon; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(4) knowingly or willfully fails to make any 
royalty payment in the amount or value as specified 
by statute, regulation, order, or terms of the lease; 
or 
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111 
‘‘(5) fails to correctly report and timely provide 
operations or financial records necessary for the Sec-
retary or any authorized designee of the Secretary to 
accomplish lease management responsibilities,’’; 
(5) in subsection (d), by striking ‘‘$25,000’’ 
and inserting ‘‘$50,000’’; 
(6) in subsection (h), by striking ‘‘by registered 
mail’’ and inserting ‘‘a common carrier that provides 
proof of delivery’’; and 
(7) by adding at the end the following sub-
section: 
‘‘(m)(1) Any determination by the Secretary or a des-
ignee of the Secretary that a person has committed a vio-
lation under subsection (a), (c), or (d)(1) shall toll any 
applicable statute of limitations for all oil and gas leases 
held or operated by such person, until the later of— 
‘‘(A) the date on which the person corrects the 
violation and certifies that all violations of a like na-
ture have been corrected for all of the oil and gas 
leases held or operated by such person; or 
‘‘(B) the date a final, nonappealable order has 
been issued by the Secretary or a court of competent 
jurisdiction. 
‘‘(2) A person determined by the Secretary or a des-
ignee of the Secretary to have violated subsection (a), (c), 
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112 
or (d)(1) shall maintain all records with respect to the per-
son’s oil and gas leases until the later of— 
‘‘(A) the date the Secretary releases the person 
from the obligation to maintain such records; and 
‘‘(B) the expiration of the period during which 
the records must be maintained under section 
103(b).’’. 
SEC. 306. INTEREST ON OVERPAYMENTS. 
Section 111 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1721) is amended— 
(1) by amending subsections (h) and (i) to read 
as follows: 
‘‘(h) Interest shall not be allowed nor paid nor cred-
ited on any overpayment, and no interest shall accrue from 
the date such overpayment was made. 
‘‘(i) A lessee or its designee may make a payment 
for the approximate amount of royalties (hereinafter in 
this subsection referred to as the ‘estimated payment’) 
that would otherwise be due for such lease by the date 
royalties are due for that lease. When an estimated pay-
ment is made, actual royalties are payable at the end of 
the month following the month in which the estimated 
payment is made. If the estimated payment was less than 
the amount of actual royalties due, interest is owed on 
the underpaid amount. If the lessee or its designee makes 
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113 
a payment for such actual royalties, the lessee or its des-
ignee may apply the estimated payment to future royal-
ties. Any estimated payment may be adjusted, recouped, 
or reinstated by the lessee or its designee provided such 
adjustment, recoupment, or reinstatement is made within 
the limitation period for which the date royalties were due 
for that lease.’’; 
(2) by striking subsection (j); and 
(3) in subsection (k)(4)— 
(A) by striking ‘‘or overpaid royalties and 
associated interest’’; and 
(B) by striking ‘‘, refunded, or credited’’. 
SEC. 307. ADJUSTMENTS AND REFUNDS. 
Section 111A of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1721a) is amend-
ed— 
(1) in subsection (a)(3), by inserting ‘‘(A)’’ 
after ‘‘(3)’’, and by striking the last sentence and in-
serting the following: 
‘‘(B) Except as provided in subparagraph 
(C), no adjustment may be made with respect 
to an obligation that is the subject of an audit 
or compliance review after completion of the 
audit or compliance review, respectively, unless 
such adjustment is approved by the Secretary 
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114 
or the applicable delegated State, as appro-
priate. 
‘‘(C) If an overpayment is identified during 
an audit, the Secretary shall allow a credit in 
the amount of the overpayment.’’; 
(2) in subsection (a)(4)— 
(A) by striking ‘‘six’’ and inserting ‘‘four’’; 
and 
(B) by striking ‘‘shall’’ the second place it 
appears and inserting ‘‘may’’; and 
(3) in subsection (b)(1) by striking ‘‘and’’ after 
the semicolon at the end of subparagraph (C), by 
striking the period at the end of subparagraph (D) 
and inserting ‘‘; and’’, and by adding at the end the 
following: 
‘‘(E) is made within the adjustment period 
for that obligation.’’. 
SEC. 308. CONFORMING AMENDMENT. 
Section 114 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 is repealed. 
SEC. 309. OBLIGATION PERIOD. 
Section 115(c) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1724(c)) is amended 
by adding at the end the following new paragraph: 
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115 
‘‘(3) ADJUSTMENTS.—In the case of an adjust-
ment under section 111A(a) in which a recoupment 
by the lessee results in an underpayment of an obli-
gation, for purposes of this Act the obligation be-
comes due on the date the lessee or its designee 
makes the adjustment.’’. 
SEC. 310. NOTICE REGARDING TOLLING AGREEMENTS AND 
SUBPOENAS. 
(a) TOLLING AGREEMENTS.—Section 115(d)(1) of 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1724(d)(1)) is amended by striking ‘‘(with no-
tice to the lessee who designated the designee)’’. 
(b) SUBPOENAS.—Section 115(d)(2)(A) of the Fed-
eral Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1724(d)(2)(A)) is amended by striking ‘‘(with no-
tice to the lessee who designated the designee, which notice 
shall not constitute a subpoena to the lessee)’’. 
SEC. 311. APPEALS AND FINAL AGENCY ACTION. 
Paragraphs (1) and (2) of section 115(h) the Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1724(h)) are amended by striking ‘‘33’’ each place it ap-
pears and inserting ‘‘48’’. 
SEC. 312. ASSESSMENTS. 
Section 116 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1724) is repealed. 
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116 
SEC. 
313. 
COLLECTION 
AND 
PRODUCTION 
ACCOUNT-
ABILITY. 
(a) PILOT PROJECT.—Within 2 years after the date 
of enactment of this Act, the Secretary shall complete a 
pilot project with willing operators of oil and gas leases 
on the Outer Continental Shelf that assesses the costs and 
benefits of automatic transmission of oil and gas volume 
and quality data produced under Federal leases on the 
Outer Continental Shelf in order to improve the produc-
tion verification systems used to ensure accurate royalty 
collection and audit. 
(b) REPORT.—The Secretary shall submit to Con-
gress a report on findings and recommendations of the 
pilot project within 3 years after the date of enactment 
of this Act. 
SEC. 314. NATURAL GAS REPORTING. 
The Secretary shall, within 180 days after the date 
of enactment of this Act, implement the steps necessary 
to ensure accurate determination and reporting of BTU 
values of natural gas from all Federal oil and gas leases 
to ensure accurate royalty payments to the United States. 
Such steps shall include, but not be limited to— 
(1) establishment of consistent guidelines for 
onshore and offshore BTU information from gas 
producers; 
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(2) development of a procedure to determine 
the potential BTU variability of produced natural 
gas on a by-reservoir or by-lease basis; 
(3) development of a procedure to adjust BTU 
frequency requirements for sampling and reporting 
on a case-by-case basis; 
(4) systematic and regular verification of BTU 
information; and 
(5) revision of the ‘‘MMS–2014’’ reporting 
form to record, in addition to other information al-
ready required, the natural gas BTU values that 
form the basis for the required royalty payments. 
SEC. 315. PENALTY FOR LATE OR INCORRECT REPORTING 
OF DATA. 
(a) IN GENERAL.—The Secretary shall issue regula-
tions by not later than 1 year after the date of enactment 
of this Act that establish a civil penalty for late or incor-
rect reporting of data under the Federal Oil and Gas Roy-
alty Management Act of 1982 (30 U.S.C. 1701 et seq.). 
(b) AMOUNT.—The amount of the civil penalty shall 
be— 
(1) an amount (subject to paragraph (2)) that 
the Secretary determines is sufficient to ensure filing 
of data in accordance with that Act; and 
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118 
(2) not less than $10 for each failure to file 
correct data in accordance with that Act. 
(c) CONTENT OF REGULATIONS.—Except as provided 
in subsection (b), the regulations issued under this section 
shall be substantially similar to part 216.40 of title 30, 
Code of Federal Regulations, as most recently in effect 
before the date of enactment of this Act. 
SEC. 316. REQUIRED RECORDKEEPING. 
Within 1 year after the date of enactment of this Act, 
the Secretary shall publish final regulations concerning re-
quired recordkeeping of natural gas measurement data as 
set forth in part 250.1203 of title 30, Code of Federal 
Regulations (as in effect on the date of enactment of this 
Act), to include operators and other persons involved in 
the transporting, purchasing, or selling of gas under the 
requirements of that rule, under the authority provided 
in section 103 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1713). 
SEC. 317. SHARED CIVIL PENALTIES. 
Section 206 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1736) is amended by 
striking ‘‘Such amount shall be deducted from any com-
pensation due such State or Indian tribe under section 
202 or such State under section 205.’’. 
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119 
SEC. 318. ENTITLEMENTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall publish final regulations 
prescribing when a Federal lessee or designee must report 
and pay royalties on the volume of oil and gas it takes 
under either a Federal or Indian lease or on the volume 
to which it is entitled to based upon its ownership interest 
in the Federal or Indian lease. The Secretary shall give 
consideration to requiring 100 percent entitlement report-
ing and paying based upon the lease ownership. 
SEC. 319. LIMITATION ON ROYALTY IN-KIND PROGRAM. 
Section 36 of the Mineral Leasing Act (30 U.S.C. 
192) is amended by inserting before the period at the end 
of the first sentence the following: ‘‘, except that the Sec-
retary shall not conduct a regular program to take oil and 
gas lease royalties in oil or gas’’. 
SEC. 320. APPLICATION OF ROYALTY TO OIL THAT IS 
SAVED, REMOVED, SOLD, OR DISCHARGED 
UNDER OFFSHORE OIL AND GAS LEASES. 
Section 8(a) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(a)) is further amended by adding 
at the end the following new paragraph: 
‘‘(10)(A) Any royalty under a lease under this section 
shall apply to all oil that is saved, removed, sold, or dis-
charged, without regard to whether any of the oil is un-
avoidably lost or used on, or for the benefit of, the lease. 
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120 
‘‘(B) In this paragraph the term ‘discharged’ means 
any emission (other than natural seepage), intentional or 
unintentional, and includes, but is not limited to, spilling, 
leaking, pumping, pouring, emitting, emptying, or dump-
ing.’’. 
SEC. 321. DISPOSITION OF REVENUE. 
(a) USE FOR SAFETY, INSPECTION, AND ENFORCE-
MENT.—Of the amounts received by the United States 
under subtitle B of title II and this title— 
(1) there shall be available to the Secretary, the 
Administrator of the National Ocean and Atmos-
pheric Administration, and the Commandant of the 
Coast Guard, without further appropriation, such 
sums as may be necessary to carry out any duties 
or responsibilities related to safety, inspection, and 
enforcement authorities provided this Act; and 
(2) there shall be available, without further ap-
propriation, $48,000,000 for each of the fiscal years 
2012 through 2016 to carry out the functions de-
scribed in section 634. 
(b) USE OF AMOUNTS FOR DEFICIT REDUCTION.— 
Notwithstanding any other provision of law, any amounts 
received by the United States under this title that are not 
used in a given calendar year shall be deposited in the 
Treasury and used for Federal budget deficit reduction 
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121 
or, if there is no Federal budget deficit, for reducing the 
Federal debt in such manner as the Secretary of the 
Treasury considers appropriate. 
TITLE IV—GULF OF MEXICO 
RESTORATION 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Gulf Coast Restora-
tion Act’’. 
SEC. 402. GULF COAST ECOSYSTEM RESTORATION. 
(a) DEFINITIONS.—In this section: 
(1) CHAIR.—The term ‘‘Chair’’ means the 
Chair of the Task Force appointed under subsection 
(d)(3). 
(2) STATE COASTAL ECOSYSTEM RESTORATION 
PLAN.—The term ‘‘State Coastal Ecosystem Res-
toration Plan’’ means a plan submitted under sub-
section (c) by a qualifying State to the Task Force. 
(3) FUND.—The term ‘‘Fund’’ means the Gulf 
Coast Ecosystem Restoration Fund established by 
subsection (b)(2)(A). 
(4) 
GOVERNORS.—The 
term 
‘‘Governors’’ 
means the Governors of each of the States of Ala-
bama, Florida, Louisiana, Mississippi, and Texas. 
(5) GULF COAST ECOSYSTEM.—The term ‘‘Gulf 
Coast ecosystem’’ means the coastal zones, as deter-
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122 
mined pursuant to the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.), of the States 
of Alabama, Florida, Louisiana, Mississippi, and 
Texas and adjacent State waters and areas of the 
Outer Continental Shelf, adversely impacted by the 
blowout and explosion of the mobile offshore drilling 
unit Deepwater Horizon that occurred on April 20, 
2010, and resulting hydrocarbon releases into the 
environment. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) QUALIFYING STATE.—The term ‘‘qualifying 
State’’ means each of the States of Alabama, Flor-
ida, Louisiana, Mississippi, and Texas. 
(8) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Gulf Coast Ecosystem Restoration Task 
Force established by subsection (d). 
(b) GULF COAST ECOSYSTEM RESTORATION.— 
(1) IN GENERAL.—In accordance with this sec-
tion, the Chair shall review and approve or dis-
approve State Coastal Ecosystem Restoration Plans 
submitted by the Governors that provide for restora-
tion activities with respect to the Gulf Coast eco-
system. 
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123 
(2) GULF
COAST
ECOSYSTEM
RESTORATION 
FUND.— 
(A) ESTABLISHMENT.—There is estab-
lished in the Treasury of the United States a 
fund to be known as the ‘‘Gulf Coast Eco-
system Restoration Fund’’. 
(B) 
TRANSFERS
TO
FUND.—Notwith-
standing any other provision of law, the Sec-
retary of the Treasury shall deposit into the 
Fund amounts equal to not less than 80 per-
cent of any amounts collected by the United 
States as penalties, settlements, or fines under 
sections 309 and 311 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1319, 1321) in 
relation to the blowout and explosion of the mo-
bile offshore drilling unit Deepwater Horizon 
that occurred on April 20, 2010, and resulting 
hydrocarbon releases into the environment. 
(C) AUTHORIZED USES.—The Fund shall 
be available to the Chair for the conservation, 
protection, and restoration of the Gulf Coast 
ecosystem in accordance with State Coastal 
Ecosystem Restoration Plans submitted by the 
Governors and approved by the Chair under 
this section. 
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124 
(3) DISBURSEMENT.—The Chair shall disburse 
to each qualifying State for which the Chair has ap-
proved a State Coastal Ecosystem Restoration Plan 
under this section such funds as are allocated to the 
qualifying State under this section. 
(4) USE OF FUNDS BY QUALIFYING STATE.—A 
qualifying State shall use all amounts received under 
this section, including any amount deposited in a 
trust fund that is administered by the State and 
dedicated to uses consistent with this section, in ac-
cordance with all applicable Federal and State law, 
only for 1 or more of the following purposes: 
(A) Projects and activities for the con-
servation, protection, or restoration of coastal 
areas, including wetlands. 
(B) Mitigation of damage to fish, wildlife, 
or natural resources. 
(C) Planning assistance and the adminis-
trative costs of complying with this section. 
(D) Implementation of a federally ap-
proved marine, coastal, or comprehensive con-
servation management plan. 
(c) STATE
COASTAL
ECOSYSTEM
RESTORATION 
PLAN.— 
(1) SUBMISSION OF STATE PLANS.— 
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(A) IN GENERAL.—Not later than October 
1, 2011, the Governor of a qualifying State 
shall submit to the Chair a State Coastal Eco-
system Restoration Plan. 
(B) PUBLIC PARTICIPATION.—In carrying 
out subparagraph (A), the Governor shall solicit 
local input and provide for public participation 
in the development of the plan. 
(2) APPROVAL.— 
(A) IN
GENERAL.—The Chair must ap-
prove a plan of a qualifying State submitted 
under paragraph (1) before disbursing any 
amount to the qualifying State under this sec-
tion. 
(B) REQUIRED COMPONENTS.—The Chair 
shall approve a plan submitted by a qualifying 
State under paragraph (1) if— 
(i) the Chair determines that the plan 
is consistent with the uses described in 
subsection (b); and 
(ii) the plan contains— 
(I) the name of the State agency 
that will have the authority to rep-
resent and act on behalf of the State 
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in dealing with the Secretary for pur-
poses of this section; 
(II) a program for the implemen-
tation of the plan that describes how 
the amounts provided under this sec-
tion to the qualifying State will be 
used; and 
(III) a certification by the Gov-
ernor that ample opportunity has been 
provided for public participation in 
the development and revision of the 
plan. 
(3) AMENDMENTS.—Any amendment to a plan 
submitted under paragraph (1) shall be— 
(A) developed in accordance with this sub-
section; and 
(B) submitted to the Chair for approval or 
disapproval under paragraph (4). 
(4) PROCEDURE.—Not later than 60 days after 
the date on which a plan or amendment to a plan 
is submitted under paragraph (1) or (3), respec-
tively, the Chair shall approve or disapprove the plan 
or amendment. 
(d) GULF COAST ECOSYSTEM RESTORATION TASK 
FORCE.— 
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(1) ESTABLISHMENT.—There is established the 
Gulf Coast Ecosystem Restoration Task Force. 
(2) MEMBERSHIP.—The Task Force shall con-
sist of the following members, or in the case of a 
Federal agency, a designee at the level of Assistant 
Secretary or the equivalent: 
(A) The Secretary. 
(B) The Secretary of Commerce. 
(C) The Secretary of the Army. 
(D) The Attorney General. 
(E) The Secretary of Homeland Security. 
(F) The Administrator of the Environ-
mental Protection Agency. 
(G) The Commandant of the Coast Guard. 
(H) The Secretary of Transportation. 
(I) The Secretary of Agriculture. 
(J) A representative of each affected In-
dian tribe, appointed by the Secretary based on 
the recommendations of the tribal chairman. 
(K) Two representatives of each of the 
States of Alabama, Florida, Louisiana, Mis-
sissippi, and Texas, appointed by the Governor 
of each State, respectively. 
(L) Two representatives of local govern-
ment within each of the States of Alabama, 
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Florida, Louisiana, Mississippi, and Texas, ap-
pointed by the Governor of each State, respec-
tively. 
(3) CHAIR.—The Chair of the Task Force shall 
be appointed by the President from among the mem-
bers under paragraph (2) who are Federal officials. 
(4) DUTIES OF THE TASK FORCE.—The Task 
Force shall— 
(A) consult with, and provide recommenda-
tions to, the Chair regarding the approval of 
State Coastal Ecosystem Restoration Plans; 
(B) coordinate scientific and other re-
search associated with restoration of the Gulf 
Coast ecosystem; and 
(C) submit an annual report to Congress 
that summarizes the State Coastal Ecosystem 
Restoration Plans submitted by the Governors 
and approved by the Chair. 
(5) APPLICATION OF THE FEDERAL ADVISORY 
COMMITTEE ACT.—The Task Force shall not be con-
sidered an advisory committee under the Federal 
Advisory Committee Act (5 U.S.C. App.). 
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129 
TITLE V—COORDINATION AND 
PLANNING 
SEC. 501. REGIONAL COORDINATION. 
(a) IN GENERAL.—The purpose of this title is to pro-
mote— 
(1) better coordination, communication, and 
collaboration between Federal agencies with authori-
ties for ocean, coastal, and Great Lakes manage-
ment; and 
(2) coordinated and collaborative regional plan-
ning efforts using the best available science, and to 
ensure the protection and maintenance of marine 
ecosystem health, in decisions affecting the sustain-
able development and use of Federal renewable and 
nonrenewable resources on, in, or above the ocean 
(including the Outer Continental Shelf) and the 
Great Lakes for the long-term economic and envi-
ronmental benefit of the United States. 
(b) OBJECTIVES OF REGIONAL EFFORTS.—Such re-
gional efforts shall achieve the following objectives: 
(1) Greater systematic communication and co-
ordination among Federal, coastal State, and af-
fected tribal governments concerned with the con-
servation of and the sustainable development and 
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use of Federal renewable and nonrenewable re-
sources of the oceans, coasts, and Great Lakes. 
(2) Greater reliance on a multiobjective, 
science- and ecosystem-based, spatially explicit man-
agement approach that integrates regional economic, 
ecological, affected tribal, and social objectives into 
ocean, coastal, and Great Lakes management deci-
sions. 
(3) Identification and prioritization of shared 
State and Federal ocean, coastal, and Great Lakes 
management issues. 
(4) Identification of data and information need-
ed by the Regional Coordination Councils established 
under section 602. 
(c) REGIONS.—There are hereby designated the fol-
lowing Coordination Regions: 
(1) PACIFIC REGION.—The Pacific Coordination 
Region, which shall consist of the coastal waters and 
Exclusive Economic Zone adjacent to the States of 
Washington, Oregon, and California. 
(2) GULF OF MEXICO REGION.—The Gulf of 
Mexico Coordination Region, which shall consist of 
the coastal waters and Exclusive Economic Zone ad-
jacent to the States of Texas, Louisiana, Mississippi, 
and Alabama, and the west coast of Florida. 
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131 
(3) NORTH ATLANTIC REGION.—The North At-
lantic Coordination Region, which shall consist of 
the coastal waters and Exclusive Economic Zone ad-
jacent to the States of Maine, New Hampshire, Mas-
sachusetts, Rhode Island, and Connecticut. 
(4) MID-ATLANTIC REGION.—The Mid-Atlantic 
Coordination Region, which shall consist of the 
coastal waters and Exclusive Economic Zone adja-
cent to the States of New York, New Jersey, Penn-
sylvania, Delaware, Maryland, and Virginia. 
(5) SOUTH ATLANTIC REGION.—The South At-
lantic Coordination Region, which shall consist of 
the coastal waters and Exclusive Economic Zone ad-
jacent to the States of North Carolina, South Caro-
lina, Georgia, the east coast of Florida, and the 
Straits of Florida Planning Area. 
(6) ALASKA REGION.—The Alaska Coordination 
Region, which shall consist of the coastal waters and 
Exclusive Economic Zone adjacent to the State of 
Alaska. 
(7) PACIFIC ISLANDS REGION.—The Pacific Is-
lands Coordination Region, which shall consist of the 
coastal waters and Exclusive Economic Zone adja-
cent to the State of Hawaii, the Commonwealth of 
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132 
the Northern Mariana Islands, American Samoa, 
and Guam. 
(8) CARIBBEAN REGION.—The Caribbean Co-
ordination Region, which shall consist of the coastal 
waters and Exclusive Economic Zone adjacent to 
Puerto Rico and the United States Virgin Islands. 
(9) GREAT LAKES REGION.—The Great Lakes 
Coordination Region, which shall consist of waters of 
the Great Lakes in the States of Illinois, Indiana, 
Michigan, Minnesota, New York, Ohio, Pennsyl-
vania, and Wisconsin. 
SEC. 502. REGIONAL COORDINATION COUNCILS. 
(a) IN GENERAL.—Within 180 days after the date 
of enactment of this Act, the Chairman of the Council on 
Environmental Quality, in consultation with the affected 
coastal States and affected Indian tribes, shall establish 
or designate a Regional Coordination Council for each of 
the Coordination Regions designated by section 601(c). 
(b) MEMBERSHIP.— 
(1) FEDERAL
REPRESENTATIVES.—Within 90 
days after the date of enactment of this Act, the 
Chairman of the Council on Environmental Quality 
shall publish the titles of the officials of each Fed-
eral agency and department that shall participate in 
each Council. The Councils shall include representa-
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tives of each Federal agency and department that 
has authorities related to the development of ocean, 
coastal, or Great Lakes policies or engages in plan-
ning, management, or scientific activities that sig-
nificantly affect or inform the use of ocean, coastal, 
or Great Lakes resources. The Chairman of the 
Council on Environmental Quality shall determine 
which Federal agency representative shall serve as 
the chairperson of each Council. 
(2) COASTAL STATE REPRESENTATIVES.— 
(A) NOTICE
OF
INTENT
TO
PARTICI-
PATE.—The Governor of each coastal State 
within each Coordination Region designated by 
section 601(c) shall within 3 months after the 
date of enactment of this Act, inform the Chair-
man of the Council on Environmental Quality 
whether or not the State intends to participate 
in the Regional Coordination Council for the 
Region. 
(B) 
APPOINTMENT
OF
RESPONSIBLE 
STATE OFFICIAL.—If a coastal State intends to 
participate in such Council, the Governor of the 
coastal State shall appoint an officer or em-
ployee of the coastal State agency with primary 
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134 
responsibility for overseeing ocean and coastal 
policy or resource management to that Council. 
(C) ALASKA
REGIONAL
COORDINATION 
COUNCIL.—The Regional Coordination Council 
for the Alaska Coordination Region shall in-
clude representation from each of the States of 
Alaska, Washington, and Oregon, if appointed 
by the Governor of that State in accordance 
with this paragraph. 
(3) REGIONAL FISHERY MANAGEMENT COUNCIL 
REPRESENTATION.—A representative of each Re-
gional Fishery Management Council with jurisdiction 
in the Coordination Region of a Regional Coordina-
tion Council (who is selected by the Regional Fish-
ery Management Council) and the executive director 
of the interstate marine fisheries commission with 
jurisdiction in the Coordination Region of a Regional 
Coordination Council shall each serve as a member 
of the Council. 
(4) REGIONAL
OCEAN
PARTNERSHIP
REP-
RESENTATION.—A representative of any Regional 
Ocean Partnership that has been established for any 
part of the Coordination Region of a Regional Co-
ordination Council may appoint a representative to 
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135 
serve on the Council in addition to any Federal or 
State appointments. 
(5) TRIBAL REPRESENTATION.—An appropriate 
tribal official selected by affected Indian tribes situ-
ated in the affected Coordination Region may elect 
to appoint a representative of such tribes collectively 
to serve as a member of the Regional Coordination 
Council for that Region. 
(6) LOCAL REPRESENTATION.—The Chairman 
of the Council on Environmental Quality shall, in 
consultation with the Governors of the coastal States 
within each Coordination Region, identify and ap-
point representatives of county and local govern-
ments, as appropriate, to serve as members of the 
Regional Coordination Council for that Region. 
(c) ADVISORY COMMITTEE.—Each Regional Coordi-
nation Council shall establish advisory committees for the 
purposes of public and stakeholder input and scientific ad-
vice, made up of a balanced representation from the en-
ergy, shipping, transportation, commercial and rec-
reational fishing, and recreation industries, from marine 
environmental nongovernmental organizations, and from 
scientific and educational authorities with expertise in the 
conservation and management of ocean, coastal, and 
Great Lakes resources to advise the Council during the 
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development of Regional Assessments and Regional Stra-
tegic Plans and in its other activities. 
(d) COORDINATION WITH EXISTING PROGRAMS.— 
Each Regional Coordination Council shall build upon and 
complement current State, multistate, and regional capac-
ity and governance and institutional mechanisms to man-
age and protect ocean waters, coastal waters, and ocean 
resources. 
SEC. 503. REGIONAL STRATEGIC PLANS. 
(a) INITIAL REGIONAL ASSESSMENT.— 
(1) IN GENERAL.—Each Regional Coordination 
Council, shall, within one year after the date of en-
actment of this Act, prepare an initial assessment of 
its Coordination Region that shall identify defi-
ciencies in data and information necessary to in-
formed decisionmaking by Federal, State, and af-
fected tribal governments concerned with the con-
servation of and management of the oceans, coasts, 
and Great Lakes. Each initial assessment shall to 
the extent feasible— 
(A) identify the Coordination Region’s re-
newable and non renewable resources, including 
current and potential energy resources, except 
for the assessment for the Great Lakes Coordi-
nation Region, for which the Regional Coordi-
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137 
nation Council for such Coordination Region 
shall only identify the Great Lakes Coordina-
tion Region’s renewable energy resources, in-
cluding current and potential renewable energy 
resources; 
(B) identify and include a spatially and 
temporally explicit inventory of existing and po-
tential uses of the Coordination Region, includ-
ing fishing and fish habitat, recreation, and en-
ergy development; 
(C) document the health and relative envi-
ronmental sensitivity of the marine ecosystem 
within the Coordination Region, including a 
comprehensive survey and status assessment of 
species, habitats, and indicators of ecosystem 
health; 
(D) identify marine habitat types and im-
portant ecological areas within the Coordination 
Region; 
(E) assess the Coordination Region’s ma-
rine economy and cultural attributes and in-
clude regionally-specific ecological and socio- 
economic baseline data; 
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(F) identify and prioritize additional sci-
entific and economic data necessary to inform 
the development of Strategic Plans; and 
(G) include other information to improve 
decision making as determined by the Regional 
Coordination Council. 
(2) DATA.—Each initial assessment shall— 
(A) use the best available data; 
(B) collect and provide data in a spatially 
explicit manner wherever practicable and pro-
vide such data to the interagency comprehensive 
digital mapping initiative as described in section 
2 of Public Law 109–58 (42 U.S.C. 15801); 
and 
(C) make publicly available any such data 
that is not classified information. 
(3) PUBLIC
PARTICIPATION.—Each Regional 
Coordination Council shall provide adequate oppor-
tunity for review and input by stakeholders and the 
general public during the preparation of the initial 
assessment and any revised assessments. 
(b) REGIONAL STRATEGIC PLANS.— 
(1) REQUIREMENT.—Each Regional Coordina-
tion Council shall, within 3 years after the comple-
tion of the initial regional assessment, prepare and 
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submit to the Chairman of the Council on Environ-
mental Quality a multiobjective, science- and eco-
system-based, spatially explicit, integrated Strategic 
Plan in accordance with this subsection for the 
Council’s Coordination Region. 
(2) OBJECTIVE AND GOALS.—The objective of 
the Strategic Plans under this subsection shall be to 
foster comprehensive, integrated, and sustainable de-
velopment and use of ocean, coastal, and Great 
Lakes resources, while protecting marine ecosystem 
health and sustaining the long-term economic and 
ecosystem values of the oceans, coasts, and Great 
Lakes. 
(3) CONTENTS.—Each Strategic Plan prepared 
by a Regional Coordination Council shall— 
(A) be based on the initial regional assess-
ment and updates for the Coordination Region 
under subsections (a) and (c), respectively; 
(B) foster the sustainable and integrated 
development and use of ocean, coastal, and 
Great Lakes resources in a manner that pro-
tects the health of marine ecosystems; 
(C) identify areas with potential for siting 
and developing renewable and nonrenewable en-
ergy resources in the Coordination Region cov-
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ered by the Strategic Plan, except for the Stra-
tegic Plan for the Great Lakes Coordination 
Region which shall identify only areas with po-
tential for siting and developing renewable en-
ergy resources in the Great Lakes Coordination 
Region; 
(D) identify other current and potential 
uses of the ocean and coastal resources in the 
Coordination Region; 
(E) identify and recommend long-term 
monitoring needs for ecosystem health and so-
cioeconomic variables within the Coordination 
Region covered by the Strategic Plan; 
(F) identify existing State and Federal 
regulating authorities within the Coordination 
Region covered by the Strategic Plan and meas-
ures to assist those authorities in carrying out 
their responsibilities; 
(G) identify best available technologies to 
minimize adverse environmental impacts and 
use conflicts in the development of ocean and 
coastal resources in the Coordination Region; 
(H) identify additional research, informa-
tion, and data needed to carry out the Strategic 
Plan; 
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(I) identify performance measures and 
benchmarks for purposes of fulfilling the re-
sponsibilities under this section to be used to 
evaluate the Strategic Plan’s effectiveness; 
(J) define responsibilities and include an 
analysis of the gaps in authority, coordination, 
and resources, including funding, that must be 
filled in order to fully achieve those perform-
ance measures and benchmarks; and 
(K) include such other information at the 
Chairman of the Council on Environmental 
Quality determines is appropriate. 
(4) PUBLIC
PARTICIPATION.—Each Regional 
Coordination Council shall provide adequate oppor-
tunities for review and input by stakeholders and the 
general public during the development of the Stra-
tegic Plan and any Strategic Plan revisions. 
(c) UPDATED REGIONAL ASSESSMENTS.—Each Re-
gional Coordination Council shall update the initial re-
gional assessment prepared under subsection (a) in coordi-
nation with each Strategic Plan revision under subsection 
(e), to provide more detailed information regarding the re-
quired elements of the assessment and to include any rel-
evant new information that has become available in the 
interim. 
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142 
(d) REVIEW AND APPROVAL.— 
(1) COMMENCEMENT OF REVIEW.—Within 10 
days after receipt of a Strategic Plan under this sec-
tion, or any revision to such a Strategic Plan, from 
a Regional Coordination Council, the Chairman of 
the Council of Environmental Quality shall com-
mence a review of the Strategic Plan or the revised 
Strategic Plan, respectively. 
(2) PUBLIC
NOTICE
AND
COMMENT.—Imme-
diately after receipt of such a Strategic Plan or revi-
sion, the Chairman of the Council of Environmental 
Quality shall publish the Strategic Plan or revision 
in the Federal Register and provide an opportunity 
for the submission of public comment for a 90-day 
period beginning on the date of such publication. 
(3) REQUIREMENTS
FOR
APPROVAL.—Before 
approving a Strategic Plan, or any revision to a 
Strategic Plan, the Chairman of the Council on En-
vironmental Quality must find that the Strategic 
Plan or revision— 
(A) complies with subsection (b); and 
(B) complies with the purposes of this title 
as identified in section 601(a) and the objec-
tives identified in section 601(b). 
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(4) DEADLINE FOR COMPLETION.—Within 180 
days after the receipt of a Strategic Plan, or a revi-
sion to a Strategic Plan, the Chairman of the Coun-
cil of Environmental Quality shall approve or dis-
approve the Strategic Plan or revision. If the Chair-
man disapproves the Strategic Plan or revision, the 
Chairman shall transmit to the Regional Coordina-
tion Council that submitted the Strategic Plan or re-
vision, an identification of the deficiencies and rec-
ommendations to improve it. The Council shall sub-
mit a revised Strategic Plan or revision to such plan 
with 180 days after receiving the recommendations 
from the Chairman. 
(e) PLAN REVISION.—Each Strategic Plan shall be 
reviewed and revised by the relevant Regional Coordina-
tion Council at least once every 5 years. Such review and 
revision shall be based on the most recently updated re-
gional assessment. Any proposed revisions to the Strategic 
Plan shall be submitted to the Chairman of the Council 
on Environmental Quality for review and approval pursu-
ant to this section. 
SEC. 504. REGULATIONS AND SAVINGS CLAUSE. 
(a) REGULATIONS.—The Chairman of the Council on 
Environmental Quality may issue such regulations as the 
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144 
Chairman considers necessary to implement sections 601 
through 603. 
(b) SAVINGS CLAUSE.—Nothing in this title shall be 
construed to affect existing authorities under Federal law. 
SEC. 505. OCEAN RESOURCES CONSERVATION AND ASSIST-
ANCE FUND. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the 
Treasury of the United States a separate account to 
be known as the Ocean Resources Conservation and 
Assistance Fund. 
(2) CREDITS.—The ORCA Fund shall be cred-
ited with such sums as may be necessary. 
(3) ALLOCATION OF THE ORCA FUND.—Of the 
amounts appropriated from the ORCA Fund each 
fiscal year— 
(A) 70 percent shall be allocated to the 
Secretary, of which— 
(i) one-half shall be used to make 
grants to coastal States and affected In-
dian tribes under subsection (b); and 
(ii) one-half shall be used for the 
ocean, coastal, and Great Lakes grants 
program established by subsection (c); 
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(B) 20 percent shall be allocated to the 
Secretary to carry out the purposes of sub-
section (e); and 
(C) 10 percent shall be allocated to the 
Secretary to make grants to Regional Ocean 
Partnerships under subsection (d) and the Re-
gional Coordination Councils established under 
section 602. 
(4) PROCEDURES.—The Secretary shall estab-
lish application, review, oversight, financial account-
ability, and performance accountability procedures 
for each grant program for which funds are allo-
cated under this subsection. 
(b) GRANTS TO COASTAL STATES.— 
(1) GRANT
AUTHORITY.—The Secretary may 
use 
amounts 
allocated 
under 
subsection 
(a)(3)(A)(i)(I) to make grants to— 
(A) coastal States pursuant to the formula 
established under section 306(c) of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 
1455(c)); and 
(B) affected Indian tribes based on and 
proportional to any specific coastal and ocean 
management authority granted to an affected 
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tribe pursuant to affirmation of a Federal re-
served right. 
(2) ELIGIBILITY.—To be eligible to receive a 
grant under this subsection, a coastal State or af-
fected Indian tribe must prepare and revise a 5-year 
plan and annual work plans that— 
(A) demonstrate that activities for which 
the coastal State or affected Indian tribe will 
use the funds are consistent with the eligible 
uses of the Fund described in subsection (f); 
and 
(B) provide mechanisms to ensure that 
funding is made available to government, non-
government, and academic entities to carry out 
eligible activities at the county and local level. 
(3) APPROVAL OF STATE AND AFFECTED TRIB-
AL PLANS.— 
(A) IN GENERAL.—Plans required under 
paragraph (2) must be submitted to and ap-
proved by the Secretary. 
(B) PUBLIC INPUT AND COMMENT.—In de-
termining whether to approve such plans, the 
Secretary shall provide opportunity for, and 
take into consideration, public input and com-
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ment on the plans from stakeholders and the 
general public. 
(4) ENERGY PLANNING GRANTS.—For each of 
the fiscal years 2011 through 2015, the Secretary 
may use funds allocated for grants under this sub-
section to make grants to coastal States and affected 
tribes under section 320 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1451 et seq.), as 
amended by this Act. 
(5) USE OF FUNDS.—Any amounts provided as 
a grant under this subsection, other than as a 
grants under paragraph (4), may only be used for 
activities described in subsection (f). 
(c) OCEAN
AND COASTAL COMPETITIVE GRANTS 
PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall use 
amounts allocated under subsection (a)(3)(A)(I)(II) 
to make competitive grants for conservation and 
management of ocean, coastal, and Great Lakes eco-
systems and marine resources. 
(2) OCEAN, COASTAL, AND GREAT LAKES RE-
VIEW PANEL.— 
(A) IN GENERAL.—The Secretary shall es-
tablish an Ocean, Coastal, and Great Lakes Re-
view Panel (in this subsection referred to as the 
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other spill-mitigating substances, if any, 
that may be used to carry out the National 
Contingency Plan, including an assessment 
of— 
‘‘(I) acute and chronic impacts 
resulting from short term and sus-
tained use on marine, coastal, estua-
rine, and freshwater environments; 
‘‘(II) risks and impacts to a rep-
resentative sample of biota from var-
ious ocean depths, including effects on 
early life stages such as eggs and lar-
vae; 
‘‘(III) risks and impacts from 
any byproducts created from the use 
of such dispersants, chemicals, or sub-
stances; and 
‘‘(IV) efficacy on particular types 
of oil from locations where such 
dispersants, chemicals, or substances 
may potentially be used. 
‘‘(ii) INFORMATION FROM MANUFAC-
TURERS.— 
‘‘(I) IN
GENERAL.—In conjunc-
tion with the study authorized by 
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