124 
(1) to provide the Secretary and the Directors 
established by this title with independent scientific 
and technical advice on safe, responsible, and timely 
mineral and renewable energy exploration, develop-
ment, and production activities; and 
(2) to review operations of the National Off-
shore Energy Health and Safety Academy estab-
lished under section 1043(d), including submitting 
to the Secretary recommendations of curriculum to 
ensure training scientific and technical advance-
ments. 
(b) MEMBERSHIP.— 
(1) SIZE.—The Board shall consist of not more 
than 11 members, who— 
(A) shall be appointed by the Secretary 
based on their expertise in oil and gas drilling, 
well design, operations, well containment and 
oil spill response; and 
(B) must have significant scientific, engi-
neering, management, and other credentials and 
a history of working in the field related to safe 
energy exploration, development, and produc-
tion activities. 
(2) CONSULTATION
AND
NOMINATIONS.—The 
Secretary shall consult with the National Academy 
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125 
of Sciences and the National Academy of Engineer-
ing to identify potential candidates for the Board 
and shall take nominations from the public. 
(3) TERM.—The Secretary shall appoint Board 
members to staggered terms of not more than 4 
years, and shall not appoint a member for more 
than 2 consecutive terms. 
(4) BALANCE.—In appointing members to the 
Board, the Secretary shall ensure a balanced rep-
resentation of industry and research interests. 
(c) CHAIR.—The Secretary shall appoint the Chair 
for the Board from among its members. 
(d) MEETINGS.—The Board shall meet not less than 
3 times per year and shall host, at least once per year, 
a public forum to review and assess the overall energy 
safety performance of Outer Continental Shelf mineral 
and renewable energy resource activities. 
(e) OFFSHORE DRILLING SAFETY ASSESSMENTS 
AND RECOMMENDATIONS.—As part of its duties under 
this section, the Board shall, by not later than 180 days 
after the date of enactment of this section and every 5 
years thereafter, submit to the Secretary a report that— 
(1) assesses offshore oil and gas well control 
technologies, practices, voluntary standards, and 
regulations in the United States and elsewhere; and 
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126 
(2) as appropriate, recommends modifications 
to the regulations issued under this title to ensure 
adequate protection of safety and the environment, 
including recommendations on how to reduce regula-
tions and administrative actions that are duplicative 
or unnecessary. 
(f) REPORTS.—Reports of the Board shall be sub-
mitted by the Board to the Committee on Natural Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
and made available to the public in electronically acces-
sible form. 
(g) TRAVEL EXPENSES.—Members of the Board, 
other than full-time employees of the Federal Government, 
while attending meeting of the Board or while otherwise 
serving at the request of the Secretary or the Director 
while serving away from their homes or regular places of 
business, may be allowed travel expenses, including per 
diem in lieu of subsistence, as authorized by section 5703 
of title 5, United States Code, for individuals in the Gov-
ernment serving without pay. 
SEC. 1049. OUTER CONTINENTAL SHELF INSPECTION FEES. 
Section 22 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1348) is amended by adding at the end of the 
section the following: 
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‘‘(g) INSPECTION FEES.— 
‘‘(1) ESTABLISHMENT.—The Secretary of the 
Interior shall collect from the operators of facilities 
subject to inspection under subsection (c) non-re-
fundable fees for such inspections— 
‘‘(A) at an aggregate level equal to the 
amount necessary to offset the annual expenses 
of inspections of outer Continental Shelf facili-
ties (including mobile offshore drilling units) by 
the Department of the Interior; and 
‘‘(B) using a schedule that reflects the dif-
ferences in complexity among the classes of fa-
cilities to be inspected. 
‘‘(2) OCEAN ENERGY SAFETY FUND.—There is 
established in the Treasury a fund, to be known as 
the ‘Ocean Energy Enforcement Fund’ (referred to 
in this subsection as the ‘Fund’), into which shall be 
deposited all amounts collected as fees under para-
graph (1) and which shall be available as provided 
under paragraph (3). 
‘‘(3) AVAILABILITY OF FEES.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 3302 of title 31, United States Code, all 
amounts deposited in the Fund— 
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128 
‘‘(i) shall be credited as offsetting col-
lections; 
‘‘(ii) shall be available for expenditure 
for purposes of carrying out inspections of 
outer Continental Shelf facilities (including 
mobile offshore drilling units) and the ad-
ministration of the inspection program 
under this section; 
‘‘(iii) shall be available only to the ex-
tent provided for in advance in an appro-
priations Act; and 
‘‘(iv) shall remain available until ex-
pended. 
‘‘(B) USE FOR FIELD OFFICES.—Not less 
than 75 percent of amounts in the Fund may 
be appropriated for use only for the respective 
Department of the Interior field offices where 
the amounts were originally assessed as fees. 
‘‘(4) INITIAL FEES.—Fees shall be established 
under this subsection for the fiscal year in which 
this subsection takes effect and the subsequent 10 
years, and shall not be raised without advise and 
consent of the Congress, except as determined by the 
Secretary to be appropriate as an adjustment equal 
to the percentage by which the Consumer Price 
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131 
‘‘(B) CONTENTS.—Each report shall in-
clude, for the fiscal year covered by the report, 
the following: 
‘‘(i) A statement of the amounts de-
posited into the Fund. 
‘‘(ii) A description of the expenditures 
made from the Fund for the fiscal year, in-
cluding the purpose of the expenditures 
and the additional hiring of personnel. 
‘‘(iii) A statement of the balance re-
maining in the Fund at the end of the fis-
cal year. 
‘‘(iv) An accounting of pace of permit 
approvals. 
‘‘(v) If fee increases are proposed 
after the initial 10-year period referred to 
in paragraph (5), a proper accounting of 
the potential adverse economic impacts 
such fee increases will have on offshore 
economic activity and overall production, 
conducted by the Secretary. 
‘‘(vi) Recommendations to increase 
the efficacy and efficiency of offshore in-
spections. 
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‘‘(vii) Any corrective actions levied 
upon offshore inspectors as a result of any 
form of misconduct.’’. 
SEC. 1050. PROHIBITION ON ACTION BASED ON NATIONAL 
OCEAN POLICY DEVELOPED UNDER EXECU-
TIVE ORDER NO. 13547. 
(a) PROHIBITION.—The Bureau of Ocean Energy 
and the Ocean Energy Safety Service may not develop, 
propose, finalize, administer, or implement, any limitation 
on activities under their jurisdiction as a result of the 
coastal and marine spatial planning component of the Na-
tional Ocean Policy developed under Executive Order No. 
13547. 
(b) REPORT ON EXPENDITURES.—Not later than 60 
days after the date of enactment of this Act, the President 
shall submit a report to the Committee on Natural Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
identifying all Federal expenditures in fiscal years 2012, 
2013, and 2014, by the Bureau of Ocean Energy and the 
Ocean Energy Safety Service and their predecessor agen-
cies, by agency, account, and any pertinent subaccounts, 
for the development, administration, or implementation of 
the coastal and marine spatial planning component of the 
National Ocean Policy developed under Executive Order 
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133 
No. 13547, including staff time, travel, and other related 
expenses. 
Subtitle E—United States 
Territories 
SEC. 1061. APPLICATION OF OUTER CONTINENTAL SHELF 
LANDS ACT WITH RESPECT TO TERRITORIES 
OF THE UNITED STATES. 
Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended— 
(1) in paragraph (a), by inserting after ‘‘con-
trol’’ the following: ‘‘or lying within the United 
States exclusive economic zone and the Continental 
Shelf adjacent to any territory of the United 
States’’; 
(2) in paragraph (p), by striking ‘‘and’’ after 
the semicolon at the end; 
(3) in paragraph (q), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(r) The term ‘State’ includes each territory of the 
United States.’’. 
Subtitle F—Judicial Review 
SEC. 1071. TIME FOR FILING COMPLAINT. 
(a) IN GENERAL.—Any cause of action that arises 
from a covered energy decision must be filed not later than 
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the end of the 60-day period beginning on the date of the 
covered energy decision. Any cause of action not filed with-
in this time period shall be barred. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
a cause of action brought by a party to a covered energy 
lease. 
SEC. 1072. DISTRICT COURT DEADLINE. 
(a) IN GENERAL.—All proceedings that are subject 
to section 1071— 
(1) shall be brought in the United States dis-
trict court for the district in which the Federal prop-
erty for which a covered energy lease is issued is lo-
cated or the United States District Court of the Dis-
trict of Columbia; 
(2) shall be resolved as expeditiously as pos-
sible, and in any event not more than 170 days after 
such cause or claim is filed; and 
(3) shall take precedence over all other pending 
matters before the district court. 
(b) FAILURE TO COMPLY WITH DEADLINE.—If an 
interlocutory or final judgment, decree, or order has not 
been issued by the district court by the deadline described 
under this section, the cause or claim shall be dismissed 
with prejudice and all rights relating to such cause or 
claim shall be terminated. 
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135 
SEC. 1073. ABILITY TO SEEK APPELLATE REVIEW. 
An interlocutory or final judgment, decree, or order 
of the district court in a proceeding that is subject to sec-
tion 1071 may be reviewed by the United States Court 
of Appeals for the District of Columbia Circuit. The Dis-
trict of Columbia Circuit shall resolve any such appeal as 
expeditiously as possible and, in any event, not more than 
180 days after such interlocutory or final judgment, de-
cree, or order of the district court was issued. 
SEC. 1074. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 
(a) ADMINISTRATIVE
FINDINGS
AND
CONCLU-
SIONS.—In any judicial review of any Federal action under 
this subtitle, any administrative findings and conclusions 
relating to the challenged Federal action shall be pre-
sumed to be correct unless shown otherwise by clear and 
convincing evidence contained in the administrative 
record. 
(b) LIMITATION ON PROSPECTIVE RELIEF.—In any 
judicial review of any action, or failure to act, under this 
subtitle, the Court shall not grant or approve any prospec-
tive relief unless the Court finds that such relief is nar-
rowly drawn, extends no further than necessary to correct 
the violation of a Federal law requirement, and is the least 
intrusive means necessary to correct the violation con-
cerned. 
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