111TH CONGRESS 
2D SESSION 
H. R. 3534 
AN ACT 
To provide greater efficiencies, transparency, returns, and 
accountability in the administration of Federal mineral 
and energy resources by consolidating administration of 
various Federal energy minerals management and leasing 
programs into one entity to be known as the Office 
of Federal Energy and Minerals Leasing of the Depart-
ment of the Interior, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Consolidated Land, Energy, and Aquatic Resources Act 
of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—CREATION OF NEW DEPARTMENT OF THE INTERIOR 
AGENCIES 
Sec. 101. Bureau of Energy and Resource Management. 
Sec. 102. Bureau of Safety and Environmental Enforcement. 
Sec. 103. Office of Natural Resources Revenue. 
Sec. 104. Ethics. 
Sec. 105. References. 
Sec. 106. Abolishment of Minerals Management Service. 
Sec. 107. Conforming amendment. 
Sec. 108. Outer Continental Shelf Safety and Environmental Advisory Board. 
Sec. 109. Limitation on effect on development of ocean renewable energy re-
source facilities. 
TITLE II—FEDERAL OIL AND GAS DEVELOPMENT 
Subtitle A—Safety, Environmental, and Financial Reform of the Outer 
Continental Shelf Lands Act 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. National policy for the Outer Continental Shelf. 
Sec. 204. Jurisdiction of laws on the Outer Continental Shelf. 
Sec. 205. Outer Continental Shelf leasing standard. 
Sec. 206. Leases, easements, and rights-of-way. 
Sec. 207. Disposition of revenues. 
Sec. 208. Exploration plans. 
Sec. 209. Outer Continental Shelf leasing program. 
Sec. 210. Environmental studies. 
Sec. 211. Safety regulations. 
Sec. 212. Enforcement of safety and environmental regulations. 
Sec. 213. Judicial review. 
Sec. 214. Remedies and penalties. 
Sec. 215. Uniform planning for Outer Continental Shelf. 
Sec. 216. Oil and gas information program. 
Sec. 217. Limitation on royalty-in-kind program.
Sec. 218. Restrictions on employment. 
Sec. 219. Repeal of royalty relief provisions. 
Sec. 220. Manning and buy- and build-American requirements. 
Sec. 221. National Commission on the BP Deepwater Horizon Oil Spill and 
Offshore Drilling. 
Sec. 222. Coordination and consultation with affected State and local govern-
ments. 
Sec. 223. Implementation. 
Sec. 224. Report on environmental baseline studies. 
Sec. 225. Cumulative impacts on marine mammal species and stocks and sub-
sistence use. 
Subtitle B—Royalty Relief for American Consumers 
Sec. 231. Short title. 
Sec. 232. Eligibility for new leases and the transfer of leases. 
Sec. 233. Price thresholds for royalty suspension provisions. 
Subtitle C—Limitation on Moratorium 
Sec. 241. Limitation of moratorium on certain permitting and drilling activi-
ties. 
TITLE III—OIL AND GAS ROYALTY REFORM 
Sec. 301. Amendments to definitions. 
Sec. 302. Compliance reviews. 
Sec. 303. Clarification of liability for royalty payments. 
Sec. 304. Required recordkeeping. 
Sec. 305. Fines and penalties. 
Sec. 306. Interest on overpayments. 
Sec. 307. Adjustments and refunds. 
Sec. 308. Conforming amendment. 
Sec. 309. Obligation period. 
Sec. 310. Notice regarding tolling agreements and subpoenas. 
Sec. 311. Appeals and final agency action. 
Sec. 312. Assessments. 
Sec. 313. Collection and production accountability. 
Sec. 314. Natural gas reporting. 
Sec. 315. Penalty for late or incorrect reporting of data. 
Sec. 316. Required recordkeeping. 
Sec. 317. Shared civil penalties. 
Sec. 318. Applicability to other minerals. 
Sec. 319. Entitlements. 
Sec. 320. Limitation on royalty in-kind program. 
Sec. 321. Application of royalty to oil that is saved, removed, sold, or dis-
charged under offshore oil and gas leases. 
TITLE IV—FULL FUNDING FOR THE LAND AND WATER 
CONSERVATION AND HISTORIC PRESERVATION FUNDS 
Subtitle A—Land and Water Conservation Fund 
Sec. 401. Amendments to the Land and Water Conservation Fund Act of 1965. 
Sec. 402. Extension of the Land and Water Conservation Fund. 
Sec. 403. Permanent funding.
Subtitle B—National Historic Preservation Fund 
Sec. 411. Permanent funding. 
TITLE V—GULF OF MEXICO RESTORATION 
Sec. 501. Gulf of Mexico restoration program. 
Sec. 502. Gulf of Mexico long-term environmental monitoring and research pro-
gram. 
Sec. 503. Gulf of Mexico emergency migratory species alternative habitat pro-
gram. 
Sec. 504. Gulf of Mexico Restoration Account. 
TITLE VI—COORDINATION AND PLANNING 
Sec. 601. Regional coordination. 
Sec. 602. Regional Coordination Councils. 
Sec. 603. Regional strategic plans. 
Sec. 604. Regulations and savings clause. 
Sec. 605. Ocean Resources Conservation and Assistance Fund. 
Sec. 606. Waiver. 
TITLE VII—OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL 
PROTECTION 
Sec. 701. Short title. 
Sec. 702. Repeal of and adjustments to limitation on liability. 
Sec. 703. Evidence of financial responsibility for offshore facilities. 
Sec. 704. Damages to human health. 
Sec. 705. Clarification of liability for discharges from mobile offshore drilling 
units. 
Sec. 706. Standard of review for damage assessment. 
Sec. 707. Procedures for claims against Fund; Information on claims. 
Sec. 708. Additional amendments and clarifications to Oil Pollution Act of 
1990. 
Sec. 709. Americanization of offshore operations in the Exclusive Economic 
Zone. 
Sec. 710. Safety management systems for mobile offshore drilling units. 
Sec. 711. Safety standards for mobile offshore drilling units. 
Sec. 712. Operational control of mobile offshore drilling units. 
Sec. 713. Single-hull tankers. 
Sec. 714. Repeal of response plan waiver. 
Sec. 715. National Contingency Plan. 
Sec. 716. Tracking Database. 
Sec. 717. Evaluation and approval of response plans; maximum penalties. 
Sec. 718. Oil and hazardous substance cleanup technologies. 
Sec. 719. Implementation of oil spill prevention and response authorities. 
Sec. 720. Impacts to Indian Tribes and public service damages. 
Sec. 721. Federal enforcement actions. 
Sec. 722. Time required before electing to proceed with judicial claim or 
against the Fund. 
Sec. 723. Authorized level of Coast Guard personnel. 
Sec. 724. Clarification of memorandums of understanding. 
Sec. 725. Build America requirement for offshore facilities. 
Sec. 726. Oil spill response vessel database. 
Sec. 727. Offshore sensing and monitoring systems. 
Sec. 728. Oil and gas exploration and production.
Sec. 729. Leave retention authority. 
Sec. 730. Authorization of appropriations. 
Sec. 731. Extension of liability to persons having ownership interests in respon-
sible parties. 
Sec. 732. Clarification of liability under Oil Pollution Act of 1990. 
Sec. 733. Salvage activities. 
Sec. 734. Requirement for redundancy in response plans. 
TITLE VIII—MISCELLANEOUS PROVISIONS 
Sec. 801. Repeal of certain taxpayer subsidized royalty relief for the oil and gas 
industry. 
Sec. 802. Conservation fee. 
Sec. 803. Leasing on Indian lands. 
Sec. 804. Outer Continental Shelf State boundaries. 
Sec. 805. Liability for damages to national wildlife refuges. 
Sec. 806. Strengthening coastal State oil spill planning and response. 
Sec. 807. Information sharing. 
Sec. 808. Limitation on use of funds. 
Sec. 809. Environmental review. 
Sec. 810. Federal response to State proposals to protect State lands and 
waters. 
Sec. 811. Government Accountability Office evaluation. 
Sec. 812. Study on relief wells. 
TITLE IX—STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF 
COLLECTION OF ROYALTIES 
Sec. 901. Short title. 
Sec. 902. Study of actions to improve the accuracy of collection of Federal oil, 
condensate, and natural gas royalties. 
Sec. 903. Definitions. 
TITLE X—OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER 
PROTECTION 
Sec. 1001. Short title. 
Sec. 1002. Whistleblower protections; employee protection from other retalia-
tion. 
Sec. 1003. Definitions. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act: 
(1) AFFECTED INDIAN TRIBE.—The term ‘‘af-
fected Indian tribe’’ means an Indian tribe that has 
federally reserved rights that are affirmed by treaty, 
statute, Executive order, Federal court order, or 
other Federal law in the area at issue.
(2) 
COASTAL
STATE.—The 
term 
‘‘coastal 
State’’ has the same meaning given the term ‘‘coast-
al state’’ in section 304 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1453). 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of the Interior, except as the 
context indicates otherwise. 
(4) FUNCTION.—The term ‘‘function’’, with re-
spect to a function of an officer, employee, or agent 
of the Federal Government, or of a Department, 
agency, office, or other instrumentality of the Fed-
eral Government, includes authorities, powers, 
rights, privileges, immunities, programs, projects, 
activities, duties, and responsibilities. 
(5) IMPORTANT ECOLOGICAL AREA.—The term 
‘‘important ecological area’’ means an area that con-
tributes significantly to local or larger marine eco-
system health or is an especially unique or sensitive 
marine ecosystem. 
(6) INDIAN
LAND.—The term ‘‘Indian land’’ 
has the meaning given the term in section 502(a) of 
title V of Public Law 109–58 (25 U.S.C. 3501(2)). 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the same meaning given the term ‘‘Indian tribe’’
has in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(8) MARINE ECOSYSTEM HEALTH.—The term 
‘‘marine ecosystem health’’ means the ability of an 
ecosystem in ocean and coastal waters to support 
and maintain patterns, important processes, and 
productive, sustainable, and resilient communities of 
organisms, having a species composition, diversity, 
and functional organization resulting from the nat-
ural habitat of the region, such that it is capable of 
supporting a variety of activities and providing a 
complete range of ecological benefits. Such an eco-
system would be characterized by a variety of fac-
tors, including— 
(A) a complete diversity of native species 
and habitat wherein each native species is able 
to maintain an abundance, population struc-
ture, and distribution supporting its ecological 
and evolutionary functions, patterns, and proc-
esses; and 
(B) a physical, chemical, geological, and 
microbial environment that is necessary to 
achieve such diversity. 
(9) MINERAL.—The term ‘‘mineral’’ has the 
same meaning that the term ‘‘minerals’’ has in sec-
tion 2(q) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331(q)). 
(10) NONRENEWABLE
ENERGY
RESOURCE.— 
The term ‘‘nonrenewable energy resource’’ means oil 
and natural gas. 
(11) 
OPERATOR.—The 
term 
‘‘operator’’ 
means— 
(A) the lessee; or 
(B) a person designated by the lessee as 
having control or management of operations on 
the leased area or a portion thereof, who is— 
(i) approved by the Secretary, acting 
through the Bureau of Energy and Re-
source Management; or 
(ii) the holder of operating rights 
under an assignment of operating rights 
that is approved by the Secretary, acting 
through the Bureau of Energy and Re-
source Management. 
(12) OUTER CONTINENTAL SHELF.—The term 
‘‘Outer Continental Shelf’’ has the same meaning 
given the term ‘‘outer Continental Shelf’’ has in the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.).
(13) REGIONAL
OCEAN
PARTNERSHIP.—The 
term ‘‘Regional Ocean Partnership’’ means vol-
untary, collaborative management initiatives devel-
oped and entered into by the Governors of two or 
more coastal States or created by an interstate com-
pact for the purpose of addressing more than one 
ocean, coastal, or Great Lakes issue and to imple-
ment policies and activities identified under special 
area management plans under the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 et seq.) 
or other agreements developed and signed by the 
Governors. 
(14) RENEWABLE
ENERGY
RESOURCE.—The 
term ‘‘renewable energy resource’’ means each of the 
following: 
(A) Wind energy. 
(B) Solar energy. 
(C) Geothermal energy. 
(D) Landfill gas. 
(E) Marine and hydrokinetic renewable en-
ergy, as that term is defined in section 632 of 
the Energy Independence and Security Act of 
2007 (42 U.S.C. 17211).
(15) SECRETARIES.—The term ‘‘Secretaries’’ 
means the Secretary of the Interior and the Sec-
retary of Commerce. 
(16) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior, except as other-
wise provided in this Act. 
(17) TERMS DEFINED IN OTHER LAW.—Each 
of the terms ‘‘Federal land’’, ‘‘lease’’, and ‘‘mineral 
leasing law’’ has the same meaning given the term 
under the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1701 et seq.), except that 
such terms shall also apply to all minerals and re-
newable energy resources in addition to oil and gas. 
TITLE I—CREATION OF NEW DE-
PARTMENT OF THE INTERIOR 
AGENCIES 
SEC. 101. BUREAU OF ENERGY AND RESOURCE MANAGE-
MENT. 
(a) ESTABLISHMENT.—There is established in the 
Department of the Interior a Bureau of Energy and Re-
source Management (referred to in this section as the 
‘‘Bureau’’) to be headed by a Director of Energy and Re-
source Management (referred to in this section as the ‘‘Di-
rector’’). 
(b) DIRECTOR.—
(1) APPOINTMENT.—The Director shall be ap-
pointed by the President, by and with the advice and 
consent of the Senate, on the basis of— 
(A) professional background, demonstrated 
competence, and ability; and 
(B) capacity to— 
(i) administer the provisions of this 
Act; and 
(ii) ensure that the fiduciary duties of 
the United States Government on behalf of 
the people of the United States, as they re-
late to development of nonrenewable and 
renewable energy and mineral resources, 
are duly met. 
(2) COMPENSATION.—The Director shall be 
compensated at the rate provided for Level V of the 
Executive Schedule under section 5316 of title 5, 
United States Code. 
(c) DUTIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (4), the Secretary shall carry out through the 
Bureau all functions, powers, and duties vested in 
the Secretary relating to the administration of a 
comprehensive program of nonrenewable and renew-
able energy and mineral resources management—
(A) on the Outer Continental Shelf, pursu-
ant to the Outer Continental Shelf Lands Act 
as amended by this Act (43 U.S.C. 1331 et 
seq.); 
(B) on Federal public lands, pursuant to 
the Mineral Leasing Act (30 U.S.C. 181 et 
seq.) and the Geothermal Steam Act of 1970 
(30 U.S.C. 1001 et seq.); 
(C) on acquired Federal lands, pursuant to 
the Mineral Leasing Act for Acquired Lands 
(30 U.S.C. 351 et seq.) and the Geothermal 
Steam Act of 1970 (30 U.S.C. 1001 et seq.); 
(D) in the National Petroleum Reserve in 
Alaska, pursuant to the Naval Petroleum Re-
serves Production Act of 1976 (42 U.S.C. 6501 
et seq.); 
(E) on any Federal land pursuant to any 
mineral leasing law; and 
(F) pursuant to this Act and all other ap-
plicable Federal laws, including the administra-
tion and approval of all instruments and agree-
ments required to ensure orderly, safe, and en-
vironmentally responsible nonrenewable and re-
newable energy and mineral resources develop-
ment activities.
(2) SPECIFIC
AUTHORITIES.—The Director 
shall promulgate and implement regulations for the 
proper issuance of leases for the exploration, devel-
opment, and production of nonrenewable and renew-
able energy and mineral resources, and for the 
issuance of permits under such leases, on the Outer 
Continental Shelf and for nonrenewable and renew-
able energy and mineral resources managed by the 
Bureau of Land Management on the date of enact-
ment of this Act, or any other Federal land manage-
ment agency, including regulations relating to re-
source identification, access, evaluation, and utiliza-
tion. 
(3) 
INDEPENDENT
ENVIRONMENTAL 
SCIENCE.— 
(A) IN
GENERAL.—The Secretary shall 
create an independent office within the Bureau 
that— 
(i) shall report to the Director; 
(ii) shall be programmatically separate 
and distinct from the leasing and permit-
ting activities of the Bureau; and 
(iii) shall— 
(I) carry out the environmental 
studies program under section 20 of
the Outer Continental Shelf Lands 
Act (43 U.S.C. 1346); 
(II) conduct any environmental 
analyses necessary for the programs 
administered by the Bureau; and 
(III) carry out other functions as 
deemed necessary by the Secretary. 
(B) CONSULTATION.—Studies and anal-
yses carried out by the office created under sub-
paragraph (A) shall be conducted in appro-
priate and timely consultation with other rel-
evant Federal agencies, including— 
(i) the Bureau of Safety and Environ-
mental Enforcement; 
(ii) the United States Fish and Wild-
life Service; 
(iii) the United States Geological Sur-
vey; and 
(iv) the National Oceanic and Atmos-
pheric Administration. 
(4) LIMITATION.—The Secretary shall not carry 
out through the Bureau any function, power, or duty 
that is—
(A) required by section 102 to be carried 
out through Bureau of Safety and Environ-
mental Enforcement; or 
(B) required by section 103 to be carried 
out through the Office of Natural Resources 
Revenue. 
(d) COMPREHENSIVE
DATA
AND
ANALYSES
ON 
OUTER CONTINENTAL SHELF RESOURCES.— 
(1) IN GENERAL.— 
(A) PROGRAMS.—The Director shall de-
velop and carry out programs for the collection, 
evaluation, assembly, analysis, and dissemina-
tion of data and information that is relevant to 
carrying out the duties of the Bureau, including 
studies under section 20 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1346). 
(B) USE OF DATA AND INFORMATION.— 
The Director shall, in carrying out functions 
pursuant to the Outer Continental Lands Act 
(43 U.S.C. 1331 et seq.), consider data and in-
formation referred to in subparagraph (A) 
which shall inform the management functions 
of the Bureau, and shall contribute to a broader 
coordination of development activities within
the contexts of the best available science and 
marine spatial planning. 
(2) INTERAGENCY COOPERATION.—In carrying 
out programs under this subsection, the Bureau 
shall— 
(A) utilize the authorities of subsection (g) 
and (h) of section 18 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1344); 
(B) cooperate with appropriate offices in 
the Department and in other Federal agencies; 
(C) use existing inventories and mapping 
of marine resources previously undertaken by 
the Minerals Management Service, mapping un-
dertaken by the United States Geological Sur-
vey and the National Oceanographic and At-
mospheric Administration, and information pro-
vided by the Department of Defense and other 
Federal and State agencies possessing relevant 
data; and 
(D) use any available data regarding re-
newable energy potential, navigation uses, fish-
eries, aquaculture uses, recreational uses, habi-
tat, conservation, and military uses of the 
Outer Continental Shelf.
(e) RESPONSIBILITIES
OF
LAND
MANAGEMENT 
AGENCIES.—Nothing in this section shall affect the au-
thorities of the Bureau of Land Management under the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) or of the Forest Service under the 
National Forest Management Act of 1976 (Public Law 
94–588). 
SEC. 102. BUREAU OF SAFETY AND ENVIRONMENTAL EN-
FORCEMENT. 
(a) ESTABLISHMENT.—There is established in the 
Department a Bureau of Safety and Environmental En-
forcement (referred to in this section as the ‘‘Bureau’’) 
to be headed by a Director of Safety and Environmental 
Enforcement (referred to in this section as the ‘‘Direc-
tor’’). 
(b) DIRECTOR.— 
(1) APPOINTMENT.—The Director shall be ap-
pointed by the President, by and with the advice and 
consent of the Senate, on the basis of— 
(A) professional background, demonstrated 
competence, and ability; and 
(B) capacity to administer the provisions 
of this Act. 
(2) COMPENSATION.—The Director shall be 
compensated at the rate provided for Level V of the
(i) the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1701 
et seq.); 
(ii) the Energy Policy Act of 2005 
(Public Law 109–58); 
(iii) the Federal Oil and Gas Royalty 
Simplification and Fairness Act of 1996 
(Public Law 104–185); 
(iv) the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.); 
(v) the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et 
seq.); 
(vi) this Act; and 
(vii) all other applicable Federal laws, 
including the authority to develop, promulgate, 
and enforce regulations to ensure the safe and 
environmentally sound exploration, develop-
ment, and production of nonrenewable and re-
newable energy and mineral resources on the 
Outer Continental Shelf and onshore federally 
managed lands. 
(d) AUTHORITIES.—In carrying out the duties under 
this section, the Secretary’s authorities shall include—
(1) performing necessary oversight activities to 
ensure the proper application of environmental re-
views, including those conducted pursuant to the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) by the Bureau of Energy and 
Resource Management in the performance of its du-
ties under the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.); 
(2) suspending or prohibiting, on a temporary 
basis, any operation or activity, including produc-
tion— 
(A) on leases held on the Outer Conti-
nental Shelf, in accordance with section 5(a)(1) 
of the Outer Continental Shelf Lands Act (43 
U.S.C. 1334(a)(1)); or 
(B) on leases or rights-of-way held on Fed-
eral lands under any other minerals or energy 
leasing statute, in accordance with section 
302(c) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); 
(3) cancelling any lease, permit, or right-of- 
way— 
(A) on the Outer Continental Shelf, in ac-
cordance with section 5(a)(2) of the Outer Con-
tinental 
Shelf 
Lands 
Act 
(43 
U.S.C. 
1334(a)(2)); or 
(B) on onshore Federal lands, in accord-
ance with section 302(c) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1732(c)); 
(4) compelling compliance with applicable work-
er safety and environmental laws and regulations; 
(5) requiring comprehensive safety and environ-
mental management programs for persons engaged 
in activities connected with the exploration, develop-
ment, and production of energy or mineral re-
sources; 
(6) developing and implementing regulations for 
Federal employees to carry out any inspection or in-
vestigation to ascertain compliance with applicable 
regulations, including health, safety, or environ-
mental regulations; 
(7) collecting, evaluating, assembling, analyzing, 
and publicly disseminating electronically data and 
information that is relevant to inspections, failures, 
or accidents involving equipment and systems used 
for exploration and production of energy and min-
eral resources, including human factors associated 
therewith;
(8) implementing the Offshore Technology Re-
search and Risk Assessment Program under section 
21 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1347); 
(9) summoning witnesses and directing the pro-
duction of evidence; 
(10) levying fines and penalties and disquali-
fying operators; and 
(11) carrying out any safety, response, and re-
moval preparedness functions. 
(e) EMPLOYEES.— 
(1) IN GENERAL.—The Secretary shall ensure 
that the inspection force of the Bureau consists of 
qualified, trained employees who meet qualification 
requirements and adhere to the highest professional 
and ethical standards. 
(2) QUALIFICATIONS.—The qualification re-
quirements referred to in paragraph (1)— 
(A) shall be determined by the Secretary, 
subject to subparagraph (B); and 
(B) shall include— 
(i) three years of practical experience 
in oil and gas exploration, development, or 
production; or
(ii) a degree in an appropriate field of 
engineering from an accredited institution 
of higher learning. 
(3) ASSIGNMENT.—In assigning oil and gas in-
spectors to the inspection and investigation of indi-
vidual operations, the Secretary shall give due con-
sideration to the extent possible to their previous ex-
perience in the particular type of oil and gas oper-
ation in which such inspections are to be made. 
(4) TRAINING ACADEMY.— 
(A) IN GENERAL.—The Secretary shall es-
tablish and maintain a National Oil and Gas 
Health and Safety Academy (referred to in this 
paragraph as the ‘‘Academy’’) as an agency of 
the Department of the Interior. 
(B) FUNCTIONS OF ACADEMY.—The Sec-
retary, through the Academy, shall be respon-
sible for— 
(i) the initial and continued training 
of both newly hired and experienced oil 
and gas inspectors in all aspects of health, 
safety, environmental, and operational in-
spections; 
(ii) the training of technical support 
personnel of the Bureau;
(iii) any other training programs for 
oil and gas inspectors, Bureau personnel, 
Department personnel, or other persons as 
the Secretary shall designate; and 
(iv) certification of the successful 
completion of training programs for newly 
hired and experienced oil and gas inspec-
tors. 
(C) COOPERATIVE AGREEMENTS.— 
(i) IN GENERAL.—In performing func-
tions under this paragraph, and subject to 
clause (ii), the Secretary may enter into 
cooperative educational and training agree-
ments with educational institutions, related 
Federal academies, other Federal agencies, 
State governments, labor organizations, 
safety training firms, and oil and gas oper-
ators and related industries. 
(ii) TRAINING
REQUIREMENT.—Such 
training shall be conducted by the Acad-
emy in accordance with curriculum needs 
and assignment of instructional personnel 
established by the Secretary. 
(D) 
USE
OF
DEPARTMENTAL
PER-
SONNEL.—In performing functions under this
subsection, the Secretary shall use, to the ex-
tent practicable, the facilities and personnel of 
the Department of the Interior. The Secretary 
may appoint or assign to the Academy such of-
ficers and employees as the Secretary considers 
necessary for the performance of the duties and 
functions of the Academy. 
(5) ADDITIONAL TRAINING PROGRAMS.— 
(A) IN
GENERAL.—The Secretary shall 
work with appropriate educational institutions, 
operators, and representatives of oil and gas 
workers to develop and maintain adequate pro-
grams with educational institutions and oil and 
gas operators, that are designed— 
(i) to enable persons to qualify for po-
sitions in the administration of this Act; 
and 
(ii) to provide for the continuing edu-
cation of inspectors or other appropriate 
Departmental personnel. 
(B) FINANCIAL
AND
TECHNICAL
ASSIST-
ANCE.—The Secretary may provide financial 
and technical assistance to educational institu-
tions in carrying out this paragraph.
(6) ROLE OF OIL OR GAS OPERATORS AND RE-
LATED
INDUSTRIES.—The Secretary shall ensure 
that any cooperative agreement or other collabora-
tion with a representative of an oil or gas operator 
or related industry in relation to a training program 
established under paragraph (4) or paragraph (5) is 
limited to consultation regarding curricula and does 
not extend to the provision of instructional per-
sonnel. 
SEC. 103. OFFICE OF NATURAL RESOURCES REVENUE. 
(a) ESTABLISHMENT.—There is established in the 
Department an Office of Natural Resources Revenue (re-
ferred to in this section as the ‘‘Office’’) to be headed by 
a Director of Natural Resources Revenue (referred to in 
this section as the ‘‘Director’’). 
(b) APPOINTMENT AND COMPENSATION.— 
(1) IN GENERAL.—The Director shall be ap-
pointed by the President, by and with the advice and 
consent of the Senate, on the basis of— 
(A) professional competence; and 
(B) capacity to— 
(i) administer the provisions of this 
Act; and 
(ii) ensure that the fiduciary duties of 
the United States Government on behalf of
the American people, as they relate to de-
velopment of nonrenewable and renewable 
energy and mineral resources, are duly 
met. 
(2) COMPENSATION.—The Director shall be 
compensated at the rate provided for Level V of the 
Executive Schedule under section 5316 of title 5, 
United States Code. 
(c) DUTIES.— 
(1) IN
GENERAL.—The Secretary shall carry 
out, through the Office— 
(A) all functions, powers, and duties vested 
in the Secretary and relating to the administra-
tion of the royalty and revenue management 
functions pursuant to— 
(i) the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331 et seq.); 
(ii) the Mineral Leasing Act (30 
U.S.C. 181 et seq.); 
(iii) the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.); 
(iv) the Geothermal Steam Act of 
1970 (30 U.S.C. 1001 et seq.);
(v) the Naval Petroleum Reserves 
Production Act of 1976 (42 U.S.C. 6501 
et seq.); 
(vi) the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1701 
et seq.); 
(vii) the Federal Oil and Gas Royalty 
Simplification and Fairness Act of 1996 
(Public Law 104–185); 
(viii) the Energy Policy Act of 2005 
(Public Law 109–58); 
(ix) the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 
U.S.C. 1600 et seq.); 
(x) the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et 
seq.); and 
(xi) this Act and all other applicable 
Federal laws; and 
(B) all functions, powers, and duties pre-
viously assigned to the Minerals Management 
Service (including the authority to develop, pro-
mulgate, and enforce regulations) regarding— 
(i) royalty and revenue collection; 
(ii) royalty and revenue distribution;
(iii) auditing and compliance; 
(iv) investigation and enforcement of 
royalty and revenue regulations; and 
(v) asset management for onshore and 
offshore activities. 
(d) OVERSIGHT.—In order to provide transparency 
and ensure strong oversight over the revenue program, the 
Secretary shall— 
(1) create within the Office an independent 
audit and oversight program responsible for moni-
toring the performance of the Office with respect to 
the duties and functions under subsection (c), and 
conducting internal control audits of the operations 
of the Office; 
(2) facilitate the participation of those Indian 
tribes and States operating pursuant to cooperative 
agreements or delegations under the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 
1701 et seq.) on all of the management teams, com-
mittees, councils, and other entities created by the 
Office; and 
(3) assure prior consultation with those Indian 
tribes and States referred to in paragraph (2) in the 
formulation all policies, procedures, guidance, stand-
ards, and rules relating to the functions referred to 
in subsection (c). 
SEC. 104. ETHICS. 
(a) CERTIFICATION.—The Secretary shall certify an-
nually that all Department of the Interior officers and em-
ployees having regular, direct contact with lessees and op-
erators as a function of their official duties are in full com-
pliance with all Federal employee ethics laws and regula-
tions under the Ethics in Government Act of 1978 (5 
U.S.C. App.) and part 2635 of title 5, Code of Federal 
Regulations, and all guidance issued under subsection (b). 
(b) GUIDANCE.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall issue 
supplementary ethics guidance for the employees for which 
certification is required under subsection (a). The Sec-
retary shall update the supplementary ethics guidance not 
less than once every 3 years thereafter. 
SEC. 105. REFERENCES. 
(a) BUREAU OF ENERGY AND RESOURCE MANAGE-
MENT.—Any reference in any law, rule, regulation, direc-
tive, instruction, certificate, or other official document, in 
force immediately before the enactment of this Act— 
(1) to the Minerals Management Service that 
pertains to any of the duties and authorities referred 
to in section 101 is deemed to refer and apply to the
Bureau of Energy and Resource Management estab-
lished by section 101; 
(2) to the Director of the Minerals Management 
Service that pertains to any of the duties and au-
thorities referred to in section 101 is deemed to 
refer and apply to the Director of the Bureau of En-
ergy and Resource Management; 
(3) to any other position in the Minerals Man-
agement Service that pertains to any of the duties 
and authorities referred to in section 101 is deemed 
to refer and apply to that same or equivalent posi-
tion in the Bureau of Energy and Resource Manage-
ment; 
(4) to the Bureau of Land Management that 
pertains to any of the duties and authorities referred 
to in section 101 is deemed to refer and apply to the 
Bureau of Energy and Resource Management; 
(5) to the Director of the Bureau of Land Man-
agement that pertains to any of the duties and au-
thorities referred to in section 101 is deemed to 
refer and apply to the Director of the Bureau of En-
ergy and Resource Management; and 
(6) to any other position in the Bureau of Land 
Management that pertains to any of the duties and 
authorities referred to in section 101 is deemed to
refer and apply to that same or equivalent position 
in the Bureau of Energy and Resource Management. 
(b) BUREAU OF SAFETY AND ENVIRONMENTAL EN-
FORCEMENT.—Any reference in any law, rule, regulation, 
directive, instruction, certificate, or other official docu-
ment in force immediately before the enactment of this 
Act— 
(1) to the Minerals Management Service that 
pertains to any of the duties and authorities referred 
to in section 102 is deemed to refer and apply to the 
Bureau of Safety and Environmental Enforcement 
established by section 102; 
(2) to the Director of the Minerals Management 
Service that pertains to any of the duties and au-
thorities referred to in section 102 is deemed to 
refer and apply to the Director of the Bureau of 
Safety and Environmental Enforcement; 
(3) to any other position in the Minerals Man-
agement Service that pertains to any of the duties 
and authorities referred to in section 102 is deemed 
to refer and apply to that same or equivalent posi-
tion in the Bureau of Safety and Environmental En-
forcement; 
(4) to the Bureau of Land Management that 
pertains to any of the duties and authorities referred
to in section 102 is deemed to refer and apply to the 
Bureau of Safety and Environmental Enforcement; 
(5) to the Director of the Bureau of Land Man-
agement that pertains to any of the duties and au-
thorities referred to in section 102 is deemed to 
refer and apply to the Director of the Bureau of 
Safety and Environmental Enforcement; and 
(6) to any other position in the Bureau of Land 
Management that pertains to any of the duties and 
authorities referred to in section 102 is deemed to 
refer and apply to that same or equivalent position 
in the Bureau of Safety and Environmental Enforce-
ment. 
(c) OFFICE OF NATURAL RESOURCES REVENUE.— 
Any reference in any law, rule, regulation, directive, or in-
struction, or certificate or other official document, in force 
immediately prior to enactment— 
(1) to the Minerals Management Service that 
pertains to any of the duties and authorities referred 
to in section 103 is deemed to refer and apply to the 
Office of Natural Resources Revenue established by 
section 103; 
(2) to the Director of the Minerals Management 
Service that pertains to any of the duties and au-
thorities referred to in section 103 is deemed to
refer and apply to the Director of Natural Resources 
Revenue; and 
(3) to any other position in the Minerals Man-
agement Service that pertains to any of the duties 
and authorities referred to in section 103 is deemed 
to refer and apply to that same or equivalent posi-
tion in the Office of Natural Resources Revenue. 
SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT 
SERVICE. 
(a) ABOLISHMENT.—The Minerals Management 
Service (in this section referred to as the ‘‘Service’’) is 
abolished. 
(b) COMPLETED ADMINISTRATIVE ACTIONS.— 
(1) IN
GENERAL.—Completed administrative 
actions of the Service shall not be affected by the 
enactment of this Act, but shall continue in effect 
according to their terms until amended, modified, 
superseded, terminated, set aside, or revoked in ac-
cordance with law by an officer of the United States 
or a court of competent jurisdiction, or by operation 
of law. 
(2) COMPLETED ADMINISTRATIVE ACTION DE-
FINED.—For purposes of paragraph (1), the term 
‘‘completed administrative action’’ includes orders, 
determinations, rules, regulations, personnel actions,
permits, agreements, grants, contracts, certificates, 
licenses, registrations, and privileges. 
(c) PENDING PROCEEDINGS.—Subject to the author-
ity of the Secretary of the Interior and the officers of the 
Department of the Interior under this Act— 
(1) pending proceedings in the Service, includ-
ing notices of proposed rulemaking, and applications 
for licenses, permits, certificates, grants, and finan-
cial assistance, shall continue, notwithstanding the 
enactment of this Act or the vesting of functions of 
the Service in another agency, unless discontinued or 
modified under the same terms and conditions and 
to the same extent that such discontinuance or 
modification could have occurred if this Act had not 
been enacted; and 
(2) orders issued in such proceedings, and ap-
peals therefrom, and payments made pursuant to 
such orders, shall issue in the same manner and on 
the same terms as if this Act had not been enacted, 
and any such orders shall continue in effect until 
amended, modified, superseded, terminated, set 
aside, or revoked by an officer of the United States 
or a court of competent jurisdiction, or by operation 
of law.
(d) PENDING CIVIL ACTIONS.—Subject to the au-
thority of the Secretary of the Interior or any officer of 
the Department of the Interior under this Act, pending 
civil actions shall continue notwithstanding the enactment 
of this Act, and in such civil actions, proceedings shall be 
had, appeals taken, and judgments rendered and enforced 
in the same manner and with the same effect as if such 
enactment had not occurred. 
(e) REFERENCES.—References relating to the Service 
in statutes, Executive orders, rules, regulations, directives, 
or delegations of authority that precede the effective date 
of this Act are deemed to refer, as appropriate, to the De-
partment, to its officers, employees, or agents, or to its 
corresponding organizational units or functions. Statutory 
reporting requirements that applied in relation to the 
Service immediately before the effective date of this Act 
shall continue to apply. 
SEC. 107. CONFORMING AMENDMENT. 
Section 5316 of title 5, United States Code, is 
amended by striking ‘‘Director, Bureau of Mines, Depart-
ment of the Interior.’’ and inserting the following new 
items: 
‘‘Director, Bureau of Energy and Resource 
Management, Department of the Interior.