276 
(3) The term ‘‘Outer Continental Shelf’’ has 
the meaning that the term ‘‘outer Continental Shelf’’ 
has in the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.). 
TITLE XI—MISCELLANEOUS 
PROVISIONS 
SEC. 1101. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED 
ROYALTY RELIEF FOR THE OIL AND GAS IN-
DUSTRY. 
(a) PROVISIONS RELATING
TO PLANNING AREAS 
OFFSHORE ALASKA.—Section 8(a)(3)(B) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) 
is amended by striking ‘‘and in the Planning Areas off-
shore Alaska’’ after ‘‘West longitude’’. 
(b) PROVISIONS RELATING TO NAVAL PETROLEUM 
RESERVE IN ALASKA.—Section 107 of the Naval Petro-
leum Reserves Production Act of 1976 (as transferred, re-
designated, moved, and amended by section 347 of the En-
ergy Policy Act of 2005 (119 Stat. 704)) is amended— 
(1) in subsection (i) by striking paragraphs (2) 
through (6); and 
(2) by striking subsection (k). 
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277 
SEC. 1102. LEASING ON INDIAN LANDS. 
Nothing in this Act modifies, amends, or affects leas-
ing on Indian lands as currently carried out by the Bureau 
of Indian Affairs. 
SEC. 1103. OUTER CONTINENTAL SHELF STATE BOUND-
ARIES. 
(a) GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the President, acting through 
the Secretary of the Interior, shall publish a final deter-
mination under section 4(a)(2) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1333(a)(2)) of the boundaries 
of coastal States projected seaward to the outer margin 
of the Outer Continental Shelf. 
(b) NOTICE
AND COMMENT.—In determining the 
projected boundaries specified in subsection (a), the Sec-
retary shall comply with the notice and comment require-
ments under chapter 5 of title 5, United States Code. 
(c) SAVINGS CLAUSE.—The determination and publi-
cation of projected boundaries under subsection (a) shall 
not be construed to alter, limit, or modify the jurisdiction, 
control, or any other authority of the United States over 
the Outer Continental Shelf. 
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278 
SEC. 1104. LIABILITY FOR DAMAGES TO NATIONAL WILD-
LIFE REFUGES. 
Section 4 of the National Wildlife Refuge System Ad-
ministration Act of 1966 (16 U.S.C. 668dd) is amended 
by adding at the end the following new subsection: 
‘‘(p) DESTRUCTION OR LOSS OF, OR INJURY TO, 
REFUGE RESOURCES.— 
‘‘(1) LIABILITY.— 
‘‘(A) LIABILITY TO UNITED STATES.—Any 
person who destroys, causes the loss of, or in-
jures any refuge resource is liable to the United 
States for an amount equal to the sum of— 
‘‘(i) the amount of the response costs 
and damages resulting from the destruc-
tion, loss, or injury; and 
‘‘(ii) interest on that amount cal-
culated in the manner described under sec-
tion 1005 of the Oil Pollution Act of 1990 
(33 U.S.C. 2705). 
‘‘(B) LIABILITY IN REM.—Any instrumen-
tality, including a vessel, vehicle, aircraft, or 
other equipment, that destroys, causes the loss 
of, or injures any refuge resource shall be liable 
in rem to the United States for response costs 
and damages resulting from such destruction, 
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loss, or injury to the same extent as a person 
is liable under subparagraph (A). 
‘‘(C) DEFENSES.—A person is not liable 
under this paragraph if that person establishes 
that— 
‘‘(i) the destruction or loss of, or in-
jury to, the refuge resource was caused 
solely by an act of God, an act of war, or 
an act or omission of a third party, and 
the person acted with due care; 
‘‘(ii) the destruction, loss, or injury 
was caused by an activity authorized by 
Federal or State law; or 
‘‘(iii) the destruction, loss, or injury 
was negligible. 
‘‘(D) LIMITS
TO
LIABILITY.—Nothing in 
sections 30501 to 30512 or section 30706 of 
title 46, United States Code, shall limit the li-
ability of any person under this section. 
‘‘(2) RESPONSE ACTIONS.—The Secretary may 
undertake or authorize all necessary actions to pre-
vent or minimize the destruction or loss of, or injury 
to, refuge resources, or to minimize the imminent 
risk of such destruction, loss, or injury. 
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‘‘(3) CIVIL ACTIONS FOR RESPONSE COSTS AND 
DAMAGES.— 
‘‘(A) IN GENERAL.—The Attorney General, 
upon request of the Secretary, may commence 
a civil action against any person or instrumen-
tality who may be liable under paragraph (1) 
for response costs and damages. The Secretary, 
acting as trustee for refuge resources for the 
United States, shall submit a request for such 
an action to the Attorney General whenever a 
person may be liable for such costs or damages. 
‘‘(B) JURISDICTION AND VENUE.—An ac-
tion under this subsection may be brought in 
the United States district court for any district 
in which— 
‘‘(i) the defendant is located, resides, 
or is doing business, in the case of an ac-
tion against a person; 
‘‘(ii) the instrumentality is located, in 
the case of an action against an instru-
mentality; or 
‘‘(iii) the destruction of, loss of, or in-
jury to a refuge resource occurred. 
‘‘(4) USE OF RECOVERED AMOUNTS.—Response 
costs and damages recovered by the Secretary under 
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this subsection shall be retained by the Secretary in 
the manner provided for in section 107(f)(1) of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 
9607(f)(1)) and used as follows: 
‘‘(A) RESPONSE COSTS.—Amounts recov-
ered by the United States for costs of response 
actions and damage assessments under this 
subsection shall be used, as the Secretary con-
siders appropriate— 
‘‘(i) to reimburse the Secretary or any 
other Federal or State agency that con-
ducted those activities; and 
‘‘(ii) after reimbursement of such 
costs, to restore, replace, or acquire the 
equivalent of any refuge resource. 
‘‘(B) 
OTHER
AMOUNTS.—All 
other 
amounts recovered shall be used, in order of 
priority— 
‘‘(i) to restore, replace, or acquire the 
equivalent of the refuge resources that 
were the subject of the action, including 
the costs of monitoring the refuge re-
sources; 
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‘‘(ii) to restore degraded refuge re-
sources of the refuge that was the subject 
of the action, giving priority to refuge re-
sources that are comparable to the refuge 
resources that were the subject of the ac-
tion; and 
‘‘(iii) to restore degraded refuge re-
sources of other refuges. 
‘‘(5) DEFINITIONS.—In this subsection, the 
term— 
‘‘(A) ‘damages’ includes— 
‘‘(i) compensation for— 
‘‘(I)(aa) the cost of replacing, re-
storing, or acquiring the equivalent of 
a refuge resource; and 
‘‘(bb) the value of the lost use of 
a refuge resource pending its restora-
tion or replacement or the acquisition 
of an equivalent refuge resource; or 
‘‘(II) the value of a refuge re-
source if the refuge resource cannot 
be restored or replaced or if the equiv-
alent of such resource cannot be ac-
quired; 
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‘‘(ii) the cost of conducting damage 
assessments; 
‘‘(iii) the reasonable cost of moni-
toring appropriate to the injured, restored, 
or replaced refuge resource; and 
‘‘(iv) the cost of enforcement actions 
undertaken by the Secretary in response to 
the destruction or loss of, or injury to, a 
refuge resource; 
‘‘(B) ‘response costs’ means the costs of 
actions taken or authorized by the Secretary to 
minimize destruction or loss of, or injury to, 
refuge resources, or to minimize the imminent 
risks of such destruction, loss, or injury, includ-
ing costs related to seizure, forfeiture, storage, 
or disposal arising from liability, or to monitor 
ongoing effects of incidents causing such de-
struction, loss, or injury under this subsection; 
and 
‘‘(C) ‘refuge resource’ means any living or 
nonliving resource of a refuge that contributes 
to the conservation, management, and restora-
tion mission of the System, including living or 
nonliving resources of a marine national monu-
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ment that may be managed as a unit of the 
System.’’. 
SEC. 1105. STRENGTHENING COASTAL STATE OIL SPILL 
PLANNING AND RESPONSE. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended adding at the end the 
following new section: 
‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RE-
SPONSE AND PLANNING. 
‘‘(a) GRANTS TO STATES.—The Secretary may make 
grants to eligible coastal States— 
‘‘(1) to revise management programs approved 
under section 306 (16 U.S.C. 1455) to identify and 
implement new enforceable policies and procedures 
to ensure sufficient response capabilities at the State 
level to address the environmental, economic, and so-
cial impacts of oil spills or other accidents resulting 
from Outer Continental Shelf energy activities with 
the potential to affect any land or water use or nat-
ural resource of the coastal zone; and 
‘‘(2) to review and revise where necessary appli-
cable enforceable policies within approved State 
management programs affecting coastal energy ac-
tivities and energy to ensure that these policies are 
consistent with— 
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‘‘(A) other emergency response plans and 
policies developed under Federal or State law; 
and 
‘‘(B) new policies and procedures developed 
under paragraph (1); and 
‘‘(3) after a State has adopted new or revised 
enforceable policies and procedures under para-
graphs (1) and (2)— 
‘‘(A) the State shall submit the policies 
and procedures to the Secretary; and 
‘‘(B) the Secretary shall notify the State 
whether the Secretary approves or disapproves 
the incorporation of the policies and procedures 
into the State’s management program pursuant 
to section 306(e). 
‘‘(b) ELEMENTS.—New enforceable policies and pro-
cedures developed by coastal States with grants awarded 
under this section shall consider, but not be limited to— 
‘‘(1) other existing emergency response plans, 
procedures and enforceable policies developed under 
other Federal or State law that affect the coastal 
zone; 
‘‘(2) identification of critical infrastructure es-
sential to facilitate spill or accident response activi-
ties; 
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‘‘(3) identification of coordination, logistics and 
communication networks between Federal and State 
government agencies, and between State agencies 
and affected local communities, to ensure the effi-
cient and timely dissemination of data and other in-
formation; 
‘‘(4) inventories of shore locations and infra-
structure and equipment necessary to respond to oil 
spills or other accidents resulting from Outer Conti-
nental Shelf energy activities; 
‘‘(5) identification and characterization of sig-
nificant or sensitive marine ecosystems or other 
areas 
possessing 
important 
conservation, 
rec-
reational, ecological, historic, or aesthetic values; 
‘‘(6) inventories and surveys of shore locations 
and infrastructure capable of supporting alternative 
energy development; and 
‘‘(7) other information or actions as may be 
necessary. 
‘‘(c) GUIDELINES.—The Secretary shall, within 180 
days after the date of enactment of this section and after 
consultation with the coastal states, publish guidelines for 
the application for and use of grants under this section. 
‘‘(d) PARTICIPATION.—A coastal state shall provide 
opportunity for public participation in developing new en-
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