(1) encourage development of solar and wind 
energy on public lands; 
(2) ensure a fair return to the United States; 
and 
(3) be commensurate with similar payments for 
the development of solar and wind energy on State 
and private lands. 
(b) DEPOSIT.—All revenues for payments established 
under this section shall be deposited in the general fund 
of the Treasury. 
SEC. 504. RECORDKEEPING AND REPORTING REQUIRE-
MENTS. 
(a) IN GENERAL.—A lessee, permit holder, operator, 
or other person directly involved in developing, producing, 
processing, transporting, purchasing, or selling renewable 
energy under this title, through the point of royalty com-
putation, shall establish and maintain any records, make 
any reports, and provide any information that the Sec-
retary may reasonably require for the purposes of imple-
menting this section or determining compliance with rules 
or orders under this section. Such records shall include, 
but not be limited to, periodic reports, records, documents, 
and other data. Such reports may include, but not be lim-
ited to, pertinent technical and financial data relating to 
the resources being developed under the lease. Upon the 
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request of any officer or employee duly designated by the 
Secretary conducting an audit or investigation pursuant 
to this section, the appropriate records, reports, or infor-
mation that may be required by this section shall be made 
available for inspection and duplication by such officer or 
employee. Failure by a claim holder, operator, or other 
person referred to in the first sentence to cooperate with 
such an audit, provide data required by the Secretary, or 
grant access to information may, at the discretion of the 
Secretary, result in involuntary forfeiture of the lease or 
permit. 
(b) MAINTENANCE.—Records required by the Sec-
retary under this section shall be maintained for 7 years 
after release of financial assurance unless the Secretary 
notifies the operator that the Secretary has initiated an 
audit or investigation involving such records and that such 
records must be maintained for a longer period. In any 
case when an audit or investigation is underway, records 
shall be maintained until the Secretary releases the oper-
ator of the obligation to maintain such records. 
SEC. 505. AUDITS. 
The Secretary may conduct such audits of all lessees 
and permit holders, operators, transporters, purchasers, 
processors, or other persons directly or indirectly involved 
in the production or sales of renewable energy resources 
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covered by this Act, as the Secretary deems necessary for 
the purposes of ensuring compliance with the require-
ments of this title. For purposes of performing such au-
dits, the Secretary shall, at reasonable times and upon re-
quest, have access to, and may copy, all books, papers and 
other documents that relate to compliance with any provi-
sion of this section by any person. 
SEC. 506. TRADE SECRETS. 
Trade secrets, proprietary information, and other 
confidential information protected from disclosure under 
section 552 of title 5, United States Code (popularly 
known as the Freedom of Information Act), shall be made 
available by the Secretary to other Federal agencies as 
necessary to assure compliance with this Act and other 
Federal laws. 
SEC. 507. INTEREST AND SUBSTANTIAL UNDERREPORTING 
ASSESSMENTS. 
(a) INTEREST.—In the case of renewable energy 
leases or permits under which royalty payments are not 
received by the Secretary on the date that such payments 
are due, the Secretary shall charge interest on such under-
payments at the same interest rate as the rate applicable 
under section 6621(a)(2) of the Internal Revenue Code of 
1986. In the case of an underpayment, interest shall be 
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computed and charged only on the amount of the defi-
ciency and not on the total amount. 
(b) PENALTY.—If there is any underreporting of roy-
alty owed on production from a lease or permit for any 
production month by any person liable for royalty pay-
ments under this title, the Secretary shall assess a penalty 
of not greater than 25 percent of the amount of that 
underreporting. 
(c) UNDERREPORTING DEFINED.—For the purposes 
of this section, the term ‘‘underreporting’’ means the dif-
ference between the royalty on the value of the production 
that should have been reported and the royalty on the 
value of the production that was reported, if the value that 
should have been reported is greater than the value that 
was reported. 
(d) WAIVER OR REDUCTION.— 
(1) IN GENERAL.—The Secretary may waive or 
reduce the assessment provided in subsection (b) if 
the person liable for royalty payments under this 
section corrects the underreporting before the date 
such person receives notice from the Secretary that 
an underreporting may have occurred, or before 90 
days after the date of the enactment of this section, 
whichever is later. 
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(2) REQUIRED
WAIVER.—The Secretary shall 
waive any portion of an assessment under subsection 
(b) attributable to that portion of the underreporting 
for which the person responsible for paying the roy-
alty demonstrates that— 
(A) such person had written authorization 
from the Secretary to report royalty on the 
value of the production on basis on which it was 
reported; 
(B) such person had substantial authority 
for reporting royalty on the value of the produc-
tion on the basis on which it was reported; 
(C) such person previously had notified the 
Secretary, in such manner as the Secretary may 
by rule prescribe, of relevant reasons or facts 
affecting the royalty treatment of specific pro-
duction that led to the underreporting; or 
(D) such person meets any other exception 
that the Secretary may, by rule, establish. 
(e) EXPANDED ROYALTY OBLIGATIONS.—Each per-
son liable for royalty payments under this section shall 
be jointly and severally liable for royalty on renewable en-
ergy resources produced under a lease issued under this 
Act when such loss or waste is due to negligence on the 
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part of any person or due to the failure to comply with 
any rule, regulation, or order issued under this section. 
(f) FAILURE TO COMPLY WITH ROYALTY REQUIRE-
MENTS.—Any person who fails to comply with the require-
ments of this section or any regulation or order issued to 
implement this section shall be liable for a civil penalty 
under section 109 of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1719) to the same 
extent as if the failure to comply occurred under that Act. 
(g) DEPOSIT OF PENALTIES.—All penalties collected 
under this subsection shall be deposited in the general 
fund of the Treasury. 
SEC. 508. INDIAN SAVINGS PROVISION. 
Nothing in this subtitle shall abridge, diminish, or 
alter any right or interest of any affected Indian tribe. 
Nothing in this subtitle shall authorize any Federal agency 
or official to abridge, diminish, or alter any right or inter-
est of any affected Indian tribe. 
Subtitle B—Uranium Leasing 
SEC. 511. FEDERAL LANDS URANIUM LEASING. 
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended by redesignating section 44 as section 45, and 
by inserting after section 43 the following new section: 
‘‘SEC. 44. LEASING OF LANDS FOR URANIUM MINING. 
‘‘(a) IN GENERAL.— 
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‘‘(1) WITHDRAWAL FROM ENTRY; LEASING RE-
QUIREMENT.—Effective upon the date of enactment 
of the Consolidated Land, Energy, and Aquatic Re-
sources Act of 2009, all Federal lands are hereby 
permanently withdrawn from location and entry 
under section 2319 of the Revised Statutes (30 
U.S.C. 22 et seq.) for uranium. After the end of the 
2-year period beginning on such date of enactment, 
no uranium may be produced from Federal lands ex-
cept pursuant to a lease issued under this Act. 
‘‘(2) LEASING.—The Secretary— 
‘‘(A) may divide any lands subject to this 
Act that are not withdrawn from mineral leas-
ing and that are otherwise available for ura-
nium leasing under applicable law, including 
lands available under the terms of land use 
plans prepared by the Federal agency managing 
the land, into leasing tracts of such size as the 
Secretary finds appropriate and in the public 
interest; and 
‘‘(B) thereafter shall, in the Secretary’s 
discretion, upon the request of any qualified ap-
plicant or on the Secretary’s own motion, from 
time to time, offer such lands for uranium leas-
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ing and award uranium leases thereon by com-
petitive bidding. 
‘‘(b) FAIR MARKET VALUE REQUIRED.— 
‘‘(1) IN GENERAL.—No bid for a uranium lease 
shall be accepted that is less than the fair market 
value, as determined by the Secretary, of the ura-
nium subject to the lease. 
‘‘(2) PUBLIC
COMMENT.—Prior to the Sec-
retary’s determination of the fair market value of 
the uranium subject to the lease, the Secretary shall 
give opportunity for and consideration to public com-
ments on the fair market value. 
‘‘(3) DISCLOSURE NOT REQUIRED.—Nothing in 
this section shall be construed to require the Sec-
retary to make public the Secretary’s judgment as to 
the fair market value of the uranium to be leased, 
or the comments the Secretary receives thereon prior 
to the issuance of the lease. 
‘‘(c) LANDS UNDER THE JURISDICTION OF OTHER 
AGENCIES.—Leases covering lands the surface of which 
is under the jurisdiction of any Federal agency other than 
the Department of the Interior may be issued only— 
‘‘(1) upon consent of the head of the other Fed-
eral agency; and 
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‘‘(2) upon such conditions the head of such 
other Federal agency may prescribe with respect to 
the use and protection of the nonmineral interests in 
those lands. 
‘‘(d) CONSIDERATION OF EFFECTS OF MINING.—Be-
fore issuing any uranium lease, the Secretary shall con-
sider effects that mining under the proposed lease might 
have on an impacted community or area, including im-
pacts on the environment, on agricultural, on cultural re-
sources, and other economic activities, and on public serv-
ices. 
‘‘(e) NOTICE OF PROPOSED LEASE.—No lease sale 
shall be held for lands until after a notice of the proposed 
offering for lease has been given once a week for three 
consecutive weeks in a newspaper of general circulation 
in the county in which the lands are situated, or in elec-
tronic format, in accordance with regulations prescribed 
by the Secretary. 
‘‘(f) AUCTION REQUIREMENTS.—All lands to be 
leased under this section shall be leased to the highest re-
sponsible qualified bidder— 
‘‘(1) under general regulations; 
‘‘(2) in units of not more than 2,560 acres that 
are as nearly compact as possible; and 
‘‘(3) by oral bidding. 
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‘‘(g) REQUIRED PAYMENTS.— 
‘‘(1) IN GENERAL.—A lease under this section 
shall be conditioned upon the payment by the lessee 
of— 
‘‘(A) a royalty at a rate of not less than 
12.5 percent in amount or value of the produc-
tion removed or sold under the lease; and 
‘‘(B) a rental of— 
‘‘(i) not less than $2.50 per acre per 
year for the first through fifth years of the 
lease; and 
‘‘(ii) not less than $3 per acre per 
year for each year thereafter. 
‘‘(2) USE OF REVENUES.—Amounts received as 
revenues under this subsection with respect to a 
lease may be used by the Secretary of the Interior, 
subject to the availability of appropriations, for 
cleaning up uranium mill tailings and reclaiming 
abandoned uranium mines on Federal lands in ac-
cordance with the priorities and eligibility restric-
tions, respectively, under subsections (c) and (d) of 
section 411 of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1240a). 
‘‘(h) LEASE TERM.—A lease under this section— 
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‘‘(1) shall be effective for a primary term of 10 
years; and 
‘‘(2) shall continue in effect after such primary 
term for so long is as uranium is produced under 
the lease in paying quantities. 
‘‘(i) EXPLORATION LICENSES.— 
‘‘(1) IN GENERAL.—The Secretary may, under 
such regulations as the Secretary may prescribe, 
issue to any person an exploration license. No per-
son may conduct uranium exploration for commer-
cial purposes on lands subject to this Act without 
such an exploration license. Each exploration license 
shall be for a term of not more than two years and 
shall be subject to a reasonable fee. An exploration 
license shall confer no right to a lease under this 
Act. The issuance of exploration licenses shall not 
preclude the Secretary from issuing uranium leases 
at such times and locations and to such persons as 
the Secretary deems appropriate. No exploration li-
cense may be issued for any land on which a ura-
nium lease has been issued. A separate exploration 
license shall be required for exploration in each 
State. An application for an exploration license shall 
identify general areas and probable methods of ex-
ploration. Each exploration license shall be limited 
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to specific geographic areas in each State as deter-
mined by the Secretary, and shall contain such rea-
sonable conditions as the Secretary may require, in-
cluding conditions to ensure the protection of the en-
vironment, and shall be subject to all applicable Fed-
eral, State, and local laws and regulations. Upon vio-
lation of any such conditions or laws the Secretary 
may revoke the exploration license. 
‘‘(2) LIMITATIONS.—A licensee may not cause 
substantial disturbance to the natural land surface. 
A licensee may not remove any uranium for sale but 
may remove a reasonable amount of uranium from 
the lands subject to this Act included under the Sec-
retary’s license for analysis and study. A licensee 
must comply with all applicable rules and regula-
tions of the Federal agency having jurisdiction over 
the surface of the lands subject to this Act. Explo-
ration licenses covering lands the surface of which is 
under the jurisdiction of any Federal agency other 
than the Department of the Interior may be issued 
only upon such conditions as it may prescribe with 
respect to the use and protection of the nonmineral 
interests in those lands. 
‘‘(3) SHARING
OF
DATA.—The licensee shall 
furnish to the Secretary copies of all data (including 
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geological, geophysical, and core drilling analyses) 
obtained during such exploration. The Secretary 
shall maintain the confidentiality of all data so ob-
tained until after the areas involved have been leased 
or until such time as the Secretary determines that 
making the data available to the public would not 
damage the competitive position of the licensee, 
whichever comes first. 
‘‘(4) EXPLORATION WITHOUT A LICENSE.—Any 
person who willfully conducts uranium exploration 
for commercial purposes on lands subject to this Act 
without an exploration license issued under this sub-
section shall be subject to a fine of not more than 
$1,000 for each day of violation. All data collected 
by such person on any Federal lands as a result of 
such violation shall be made immediately available to 
the Secretary, who shall make the data available to 
the public as soon as it is practicable. No penalty 
under this subsection shall be assessed unless such 
person is given notice and opportunity for a hearing 
with respect to such violation. 
‘‘(j) CONVERSION OF MINING CLAIMS TO MINERAL 
LEASES.— 
‘‘(1) IN GENERAL.—The owner of any mining 
claim (in this subsection referred to as a ‘claimant’) 
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located prior to the date of enactment of the Con-
solidated Land, Energy, and Aquatic Resources Act 
of 2009 may, within two years after such date, apply 
to the Secretary of the Interior to convert the claim 
to a lease under this section. The Secretary shall 
issue a uranium lease under this section to the 
claimant upon a demonstration by the claimant, to 
the satisfaction of the Secretary, within one year 
after the date of the application to the Secretary, 
that the claim was, as of such date of enactment, 
supported by the discovery of a valuable deposit of 
uranium on the claimed land. The holder of a lease 
issued upon conversion from a mining claim under 
this subsection shall be subject to all the require-
ments of this section governing uranium leases, ex-
cept that the holder shall pay a royalty of 6.25 per-
cent on the value of the uranium produced under the 
lease, until beginning ten years after the date the 
claim is converted to a lease. 
‘‘(2) OTHER CLAIMS EXTINGUISHED.—All min-
ing claims located for uranium on Federal lands 
whose claimant does not apply to the Secretary for 
conversion to a lease, or whose claimant cannot 
make such a demonstration of discovery, shall be-
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come null and void by operation of law three years 
after such date of enactment.’’. 
TITLE VI—OUTER CONTINENTAL 
SHELF COORDINATION AND 
PLANNING 
SEC. 601. REGIONAL OUTER CONTINENTAL SHELF COORDI-
NATION. 
(a) IN GENERAL.—The purpose of this title is to pro-
mote coordinated regional planning efforts, to require that 
decisions are made using the best available science, and 
to ensure the protection and maintenance of ecosystem 
health in decisions affecting the siting of energy facilities 
and development of Federal renewable and nonrenewable 
energy resources on, in, or above the Outer Continental 
Shelf for the long-term economic and environmental ben-
efit of the United States. 
(b) OBJECTIVES OF REGIONAL EFFORTS.—Such re-
gional efforts shall achieve the following: 
(1) Greater systematic communication and co-
ordination among Federal, coastal State, and af-
fected tribal governments concerned with the siting 
and development of Federal renewable and non-
renewable energy resources on, in, or above the 
Outer Continental Shelf. 
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(2) To the maximum extent feasible, greater re-
liance on a multiobjective, science- and ecosystem- 
based, spatially explicit management approach that 
integrates regional economic, ecological, affected 
tribal, and social objectives into energy development 
decisions. 
(3) Identification and prioritization of shared 
State and Federal energy development issues. 
(4) Identification of data and information need-
ed by the Regional Outer Continental Shelf Councils 
established under section 602. 
(c) REGIONS.—There are hereby designated the fol-
lowing Outer Continental Shelf Regions: 
(1) PACIFIC OUTER CONTINENTAL SHELF RE-
GION.—The Pacific Outer Continental Shelf Region, 
which shall consist of the Outer Continental Shelf 
adjacent to the States of Washington, Oregon, Cali-
fornia, and Hawaii. 
(2) GULF
OF
MEXICO
OUTER
CONTINENTAL 
SHELF REGION.—The Gulf of Mexico Outer Conti-
nental Shelf Region, which shall consist of the Outer 
Continental Shelf adjacent to the States of Texas, 
Louisiana, Mississippi, and Alabama, and the west 
coast of Florida. 
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(3) ATLANTIC OUTER CONTINENTAL SHELF RE-
GION.—The Atlantic Outer Continental Shelf Re-
gion, which shall consist of the Outer Continental 
Shelf adjacent to the States of Maine, New Hamp-
shire, Massachusetts, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina, 
and Georgia, the east coast of Florida, and the 
Straits of Florida Planning Area. 
(4) ALASKA OUTER CONTINENTAL SHELF RE-
GION.—The Alaska Outer Continental Shelf Region, 
which shall consist of the Outer Continental Shelf 
adjacent to the State of Alaska. 
SEC. 602. REGIONAL OUTER CONTINENTAL SHELF COUN-
CILS. 
(a) IN GENERAL.—Within 180 days after the date 
of enactment of this Act, the Secretary of the Interior and 
the Secretary of Commerce, in consultation with the af-
fected coastal States and affected Indian tribes, shall es-
tablish or designate a Regional Outer Continental Shelf 
Council for each of the Outer Continental Shelf Regions 
designated by section 601(c). 
(b) MEMBERSHIP.— 
(1) FEDERAL
REPRESENTATIVES.—Within 90 
days after the date of enactment of this Act, the 
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Secretary of the Interior, in consultation with the 
Secretary of Commerce, shall publish the titles of 
the officials of each Federal agency and department 
that shall participate in each Council. The Secretary 
of the Interior, in consultation with the Secretary of 
Commerce, shall include in such officials representa-
tives of each Federal agency and department that 
has expertise in energy production facility siting and 
development or ocean and coastal policy, or engages 
in planning, management, or scientific activities that 
significantly affect or inform the use of ocean wa-
ters, coastal waters, or ocean resources or other af-
fected uses. The Secretary of the Interior, or at the 
Secretary of the Interior’s discretion, the Secretary 
of Commerce, 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 Outer Continental Shelf Region 
designated by section 601(c) shall within 3 
months after the date of enactment of this Act, 
inform the Secretary and the Secretary of Com-
merce whether or not the State intends to par-
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ticipate in the Council for the Outer Conti-
nental Shelf Region. 
(B) 
APPOINTMENT
OF
RESPONSIBLE 
STATE OFFICIAL.—If the Governor of a coastal 
State informs the Secretaries in accordance 
with subparagraph (A) that the State intends 
to participate in such Council, the Governor 
shall appoint an officer or employee of the 
coastal State agency with primary responsibility 
for overseeing ocean and coastal policy or re-
source management to that Council. 
(3) REGIONAL FISHERIES REPRESENTATION.— 
The Chair of each Regional Fishery Management 
Council with jurisdiction in the Outer Continental 
Shelf Region of a Council and the executive director 
of the interstate marine fisheries commission with 
jurisdiction in the Outer Continental Shelf Region of 
a Council shall each serve as a member of the Coun-
cil. 
(4) REGIONAL
OCEAN
PARTNERSHIP
REP-
RESENTATION.—A representative of any Regional 
Ocean Partnership that has been established for any 
part of the Outer Continental Shelf Region of a 
Council may appoint a representative to serve on the 
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Council in addition to any Federal or State appoint-
ment. 
(5) TRIBAL REPRESENTATION.—An appropriate 
tribal official selected by affected Indian tribes situ-
ated in the affected Outer Continental Shelf Region 
may elect to appoint a representative of such tribes 
collectively to serve as a member of the Council. 
(6) OTHER
REPRESENTATION.—The Director 
shall appoint such other representatives to serve on 
a Council as the Director determines appropriate to 
achieve balanced representation from the energy, 
shipping and transportation, marine tourism, and 
recreation industries, and from marine environ-
mental nongovernmental organizations, and scientific 
and educational authorities with expertise in energy 
siting and development, land and water resource 
management, and conservation of ocean and coastal 
species and the habitat that they depend upon. 
(c) COORDINATION
WITH
EXISTING
REGIONAL 
OCEAN
PARTNERSHIPS
AND
OTHER
SIMILAR
PRO-
GRAMS.—Each Council shall build upon and complement 
current State, multistate, and regional capacity and gov-
ernance and institutional mechanisms to manage and pro-
tect ocean waters, coastal waters, and ocean resources. 
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SEC. 603. REGIONAL OUTER CONTINENTAL SHELF STRA-
TEGIC PLANS. 
(a) INITIAL OUTER CONTINENTAL SHELF REGION 
ASSESSMENT.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Commerce and the heads 
of other Federal agencies authorized to provide ma-
rine ecosystem science expertise, shall, within one 
year after the date of enactment of this Act, prepare 
an initial assessment of each Outer Continental 
Shelf Region that shall identify deficiencies in data 
and information necessary to informed decision-
making. Each initial assessment shall to the extent 
feasible— 
(A) identify the Region’s potential alter-
native energy resources and energy-related min-
eral resources; 
(B) identify the Region’s existing infra-
structure and projections for future trans-
mission requirements; 
(C) document the health and relative envi-
ronmental sensitivity of the marine ecosystem 
including a comprehensive survey of species, 
habitats, and indicators of ecosystem health; 
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(D) identify marine habitat types and im-
portant marine ecological areas within the Re-
gion; 
(E) assess the Region’s marine economy 
and cultural attributes; and 
(F) inventory other existing uses of the 
Outer Continental Shelf in the Region. 
(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. 
(b) REGIONAL OUTER CONTINENTAL SHELF STRA-
TEGIC PLANS.— 
(1) REQUIREMENT.—Each Council shall, within 
2 years after the completion of the initial Outer 
Continental Shelf Region assessment, prepare and 
submit to the Secretaries a multiobjective, science 
and ecosystem-based, spatially explicit, integrated 
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marine energy and energy-related mineral resources 
Strategic Plan in accordance with this subsection. 
(2) MANAGEMENT
OBJECTIVE.—The manage-
ment objective of the Strategic Plans under this sub-
section shall be to foster sustainable development of 
additional energy resources from the Outer Conti-
nental Shelf, while protecting marine ecosystem 
health and sustaining the long-term economic and 
ecosystem values of the oceans. 
(3) CONTENTS.—Each Strategic Plan prepared 
by a Council shall— 
(A) be based on the Outer Continental 
Shelf Region assessment and updates for the 
Region under subsections (a) and (c), respec-
tively; 
(B) foster sustainable ocean energy devel-
opment in a manner that protects the health of 
marine ecosystems; 
(C) identify areas with potential for siting 
and developing renewable and nonrenewable en-
ergy resources in the Outer Continental Shelf 
Region covered by the Strategic Plan; 
(D) identify and recommend long-term 
monitoring needs for ecosystem health and so-
cioeconomic variables within the Outer Conti-
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nental Shelf Region covered by the Strategic 
Plan; 
(E) identify existing State and Federal 
regulating authorities within the Outer Conti-
nental Shelf Region covered by the Strategic 
Plan; 
(F) identify best available technologies that 
can minimize adverse environmental impacts of 
construction and operation of energy facilities 
in the Region; 
(G) identify additional research, informa-
tion, and data needed to carry out the Strategic 
Plan; 
(H) identify research, information, and 
data needed to carry out the Strategic Plan; 
(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; and 
(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. 
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(4) PUBLIC
PARTICIPATION.—Each Council 
shall provide adequate opportunities for review and 
input by stakeholders and the general public during 
the development of the Strategic Plan and any Stra-
tegic Plan revisions. 
(c) UPDATED OUTER CONTINENTAL SHELF REGION 
ASSESSMENTS.—The Secretary, in consultation with the 
Secretary of Commerce, and in consultation with the ap-
propriate Council and other experts, shall update the ini-
tial Outer Continental Shelf Region assessment prepared 
under subsection (a) in coordination with each plan revi-
sion under subsection (e), to provide more detailed infor-
mation regarding the required elements of the assessment 
and to include any relevant new information that has be-
come available in the interim. 
(d) REVIEW AND APPROVAL.— 
(1) COMMENCEMENT OF REVIEW.—Within 10 
days after transmittal of a Strategic Plan under this 
section, or any revision to such a Strategic Plan, by 
a Council, the Secretary, in consultation with the 
Secretary of Commerce, shall commence a review of 
the Strategic Plan or the revised Strategic Plan, re-
spectively. 
(2) PUBLIC
NOTICE
AND
COMMENT.—Imme-
diately after receipt of such a Strategic Plan or revi-
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sion, the Secretary, in consultation with the Sec-
retary of Commerce, 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 Secretary, in consultation with 
the Secretary of Commerce, must find that the Stra-
tegic Plan or revision— 
(A) is consistent with the Outer Conti-
nental Shelf Lands Act; 
(B) complies with subsection (b); and 
(C) complies with the purposes of this title 
as identified in section 601(a). 
(4) DEADLINE FOR COMPLETION.—Within 180 
days after transmittal of a Strategic Plan, or a revi-
sion to a Strategic Plan, the Secretary, in consulta-
tion with the Secretary of Commerce, shall approve 
or disapprove the Strategic Plan or revision by writ-
ten notice to the Council that submitted the Stra-
tegic Plan. If the Secretary disapproves the Stra-
tegic Plan, the Secretary, in consultation with the 
Secretary of Commerce, shall transmit to the Coun-
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cil that submitted the strategic Plan an identifica-
tion of the deficiencies in the Strategic Plan and rec-
ommendations to improve the Strategic Plan. The 
Council shall submit a revised Strategic Plan to the 
Secretaries within 180 days after the Secretary 
transmits such deficiencies and recommendations. 
(e) PLAN REVISION.—Each Strategic Plan that is ap-
proved by the Secretary of the Interior, in consultation 
with the Secretary of Commerce, shall be reviewed and 
revised by the relevant Council at least once every 5 years. 
Such review and revision shall be based on the most re-
cently updated Outer Continental Shelf Region assess-
ment. Any proposed revisions to the Strategic Plan shall 
be transmitted to the Secretaries for review and approval 
pursuant to this section. 
SEC. 604. REGULATIONS. 
The Secretaries shall issue such regulations as the 
Secretaries consider necessary to ensure proper adminis-
tration of this title. 
SEC. 605. 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 
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Assistance Fund (in this section referred to as the 
‘‘ORCA Fund’’). 
(2) CREDITS.—The ORCA Fund shall be cred-
ited with amounts as specified in subsection (q) of 
section 8 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337), as amended by section 401 of this 
Act. 
(3) ALLOCATION OF THE ORCA FUND.— 
(A) IN GENERAL.—Of the amounts depos-
ited in the ORCA Fund each fiscal year— 
(i) 50 percent shall be used by the 
Secretary to make grants to coastal States 
and affected Indian tribes under subsection 
(b); 
(ii) 40 percent shall be allocated by 
the Secretary to the Ocean, Coastal and 
Great Lakes Grants Program established 
by subsection (c); and 
(iii) 10 percent shall be used by the 
Secretary to make grants to Regional 
Ocean Partnerships under subsection (d). 
(B) AVAILABILITY.—Amounts deposited in 
the Fund shall be available to the Secretary of 
Commerce (in this section referred to as the 
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‘‘Secretary’’) for allocation under subparagraph 
(A) without further appropriation. 
(4) PROCEDURES.—The Secretary shall estab-
lish application, review, oversight, financial account-
ability, and performance accountability procedures 
for each grant program to which funds are allocated 
under this subsection. 
(b) GRANTS TO COASTAL STATES.— 
(1) GRANT
AUTHORITY.—The Secretary may 
use amounts allocated under subsection (a)(3)(A)(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) to affected Indian tribes based on and 
proportional to any specific coastal and ocean 
management authority granted to an affected 
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— 
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(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 identified in subsection (e); 
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.—Such plans must be submitted to and 
approved by the Secretary. 
(4) PUBLIC INPUT AND COMMENT.—In deter-
mining whether to approve such plans, the Secretary 
shall provide opportunity for, and take into consider-
ation, public input and comment on the plans from 
stakeholders and the general public. 
(5) USE OF FUNDS.—Any amounts provided as 
a grant under this subsection may only be used for 
activities described in subsection (e). 
(c) OCEAN AND COASTAL GRANTS PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an Ocean, Coastal, and Great Lakes Grants 
Program for the purposes of allocating funds avail-
able under subsection (a)(3)(A)(ii). 
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(2) OCEAN, COASTAL, AND GREAT LAKES COUN-
CIL.— 
(A) IN GENERAL.—The Secretary shall es-
tablish an Ocean, Coastal, and Great Lakes 
Council (in this section referred to as the 
‘‘Council’’), which shall consist of 12 members 
appointed by the Secretary with expertise in the 
conservation and management of ocean, coastal, 
and Great Lakes ecosystems and marine re-
sources. In appointing members to the Council, 
the Secretary shall include a balanced diversity 
of representatives of relevant Federal agencies, 
affected Indian tribes, the private sector, non-
profit organizations, and academia. 
(B) TERMS AND VACANCIES.—The term of 
office of members of the Council shall be 3 
years, except the Secretary shall designate 
shorter terms of initial members of the Council 
so that the terms of subsequent members are 
staggered. Whenever a vacancy occurs among 
members of the Council, the Secretary shall ap-
point an individual to fill that vacancy for the 
remainder of the applicable term. 
(C) OFFICERS
OF
THE
COUNCIL.—The 
Council shall have a Chair and a Vice Chair, 
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both of whom shall be elected by the Council by 
and from its members. The Chair and Vice 
Chair shall serve for a 3-year term, except that 
the first Chair and Vice Chair may be elected 
for a term of less than 3 years, as determined 
by the Council. The Council may elect any 
other officers it deems necessary to carry out 
its duties under this Act. 
(D) QUORUM.—Eight members of the 
Council shall constitute a quorum for the trans-
action of business. 
(E) MEETINGS.—The Council shall meet 
at the call of the Chair at least twice per year. 
Each meeting shall be open to the public. 
(F) STAFF.—The Chair of the Council 
may hire staff as needed within the constraints 
of available administrative funds to carry out 
its duties under this Act. 
(G) FUNCTIONS.—The Council shall— 
(i) in consultation with the Secretary, 
establish procedures for applying for a 
grant under this subsection and criteria for 
evaluating applications for such grants 
consistent with subsection (e); 
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(ii) receive and review in accordance 
with those procedures and criteria grant 
applications under this subsection; 
(iii) make recommendations to the 
Secretary regarding which grant applica-
tions should be funded and the amount of 
each grant; and 
(iv) establish any specific require-
ments, conditions, or limitations on a grant 
application recommended for funding. 
(3) ELIGIBILITY FOR GRANTS.—The Secretary 
shall establish criteria in consultation with the Coun-
cil to determine what persons are eligible for grants 
under the program. Such persons shall include but 
not be limited to Federal, State, affected tribal, and 
local agencies, fishery or wildlife management orga-
nizations, nonprofit organizations, and academic in-
stitutions. 
(4) APPROVAL
OF
GRANTS.—The Secretary 
shall approve grant applications on the basis of the 
Council’s recommendations. If the Secretary dis-
approves a grant recommended by the Council, the 
Secretary shall explain that disapproval in writing. 
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(5) USE OF GRANT FUNDS.—Any amounts pro-
vided as a grant under this subsection may only be 
used for activities described in subsection (e). 
(d) GRANTS TO REGIONAL OCEAN PARTNERSHIPS.— 
(1) GRANT
AUTHORITY.—The Secretary may 
use amounts allocated under subsection (a)(3)(A)(iii) 
to make grants to Regional Ocean Partnerships. 
(2) ELIGIBILITY.—In order to be eligible to re-
ceive funds under subsection (a)(3)(A)(iii), a Re-
gional Ocean Partnership must prepare and annu-
ally revise a plan that demonstrates that activities to 
be carried out with such funds are consistent with 
the eligible uses of the funds identified in subsection 
(e). 
(3) APPROVAL
BY
SECRETARY.—Such plans 
must be submitted to and approved by the Sec-
retary. 
(4) PUBLIC INPUT AND COMMENT.—In deter-
mining whether to approve such plans, the Secretary 
shall provide opportunity for, and take into consider-
ation, input and comment on the plans from stake-
holders and the general public. 
(5) USE OF FUNDS.—Any amounts provided as 
a grant under this subsection may only by used for 
activities described in subsection (e). 
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(e) ELIGIBLE USE OF FUNDS.—Any funds made 
available under this section may only be used for activities 
that contribute to the conservation, protection, mainte-
nance, and restoration of ocean, coastal, and Great Lakes 
ecosystems in a manner that is consistent with Federal 
environmental laws and that avoids environmental 
degredation, including— 
(1) activities to conserve, protect, maintain, and 
restore coastal, marine, and Great Lakes ecosystem 
health; 
(2) activities to protect marine biodiversity and 
living marine and coastal resources and their habi-
tats, including fish populations; 
(3) the development and implementation of 
multiobjective, science- and ecosystem-based plans 
for monitoring and managing the wide variety of 
uses affecting ocean, coastal, and Great Lakes eco-
systems and resources that consider cumulative im-
pacts and are spatially explicit where appropriate; 
(4) activities to improve the resiliency of those 
ecosystems; 
(5) activities to improve the ability of those eco-
systems to become more resilient, and to adapt to 
and withstand the impacts of climate change and 
ocean acidification; 
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