120 
‘‘(d) The Secretary may, as an adjunct to audits of 
accounts for leases, utilize compliance reviews of accounts. 
Such reviews shall not constitute nor substitute for audits 
of lease accounts. Any disparity uncovered in such a com-
pliance review shall be immediately referred to a program 
auditor. The Secretary shall, before completion of a com-
pliance review, provide notice of the review to designees 
whose obligations are the subject of the review.’’. 
SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAY-
MENTS. 
Section 102(a) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1712(a)) is amended 
to read as follows: 
‘‘(a) In order to increase receipts and achieve effec-
tive collections of royalty and other payments, a lessee who 
is required to make any royalty or other payment under 
a lease, easement, right-of-way, permit, or other agree-
ment, regardless of form, or under the mineral leasing 
laws, shall make such payment in the time and manner 
as may be specified by the Secretary or the applicable dele-
gated State. Any person who pays, offsets, or credits mon-
ies, makes adjustments, requests and receives refunds, or 
submits reports with respect to payments the lessee must 
make is the lessee’s designee under this Act. Notwith-
standing any other provision of this Act to the contrary,
121 
a designee shall be liable for any payment obligation of 
any lessee on whose behalf the designee pays royalty under 
the lease. The person owning operating rights in a lease 
and a person owning legal record title in a lease shall be 
liable for that person’s pro rata share of payment obliga-
tions under the lease.’’. 
SEC. 304. REQUIRED RECORDKEEPING. 
Section 103(b) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1712(a)) is amended 
by striking ‘‘6’’ and inserting ‘‘7’’. 
SEC. 305. FINES AND PENALTIES. 
Section 109 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1719) is amended— 
(1) in subsection (a) in the matter following 
paragraph (2), by striking ‘‘$500’’ and inserting 
‘‘$1,000’’; 
(2) in subsection (a)(2)(B), by inserting ‘‘(i)’’ 
after ‘‘such person’’, and by striking the period at 
the end and inserting ‘‘; and (ii) has not received no-
tice, pursuant to paragraph (1), of more than two 
prior violations in the current calendar year.’’; 
(3) in subsection (b), by striking ‘‘$5,000’’ and 
inserting ‘‘$10,000’’; 
(4) in subsection (c)—
122 
(A) in paragraph (2), by striking ‘‘; or’’ 
and inserting ‘‘, including any failure or refusal 
to promptly tender requested documents;’’; 
(B) in the text following paragraph (3)— 
(i) by striking ‘‘$10,000’’ and insert-
ing ‘‘$20,000’’; and 
(ii) by striking the comma at the end 
and inserting a semicolon; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(4) knowingly or willfully fails to make any 
royalty payment in the amount or value as specified 
by statute, regulation, order, or terms of the lease; 
or 
‘‘(5) fails to correctly report and timely provide 
operations or financial records necessary for the Sec-
retary or any authorized designee of the Secretary to 
accomplish lease management responsibilities,’’; 
(5) in subsection (d), by striking ‘‘$25,000’’ 
and inserting ‘‘$50,000’’; 
(6) in subsection (h), by striking ‘‘by registered 
mail’’ and inserting ‘‘a common carrier that provides 
proof of delivery’’; and 
(7) by adding at the end the following sub-
section:
123 
‘‘(m)(1) Any determination by the Secretary or a des-
ignee of the Secretary that a person has committed a vio-
lation under subsection (a), (c), or (d)(1) shall toll any 
applicable statute of limitations for all oil and gas leases 
held or operated by such person, until the later of— 
‘‘(A) the date on which the person corrects the 
violation and certifies that all violations of a like na-
ture have been corrected for all of the oil and gas 
leases held or operated by such person; or 
‘‘(B) the date a final, nonappealable order has 
been issued by the Secretary or a court of competent 
jurisdiction. 
‘‘(2) A person determined by the Secretary or a des-
ignee of the Secretary to have violated subsection (a), (c), 
or (d)(1) shall maintain all records with respect to the per-
son’s oil and gas leases until the later of— 
‘‘(A) the date the Secretary releases the person 
from the obligation to maintain such records; and 
‘‘(B) the expiration of the period during which 
the records must be maintained under section 
103(b).’’. 
SEC. 306. INTEREST ON OVERPAYMENTS. 
Section 111 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1721) is amended—
124 
(1) by amending subsections (h) and (i) to read 
as follows: 
‘‘(h) Interest shall not be allowed nor paid nor cred-
ited on any overpayment, and no interest shall accrue from 
the date such overpayment was made. 
‘‘(i) A lessee or its designee may make a payment 
for the approximate amount of royalties (hereinafter in 
this subsection referred to as the ‘estimated payment’) 
that would otherwise be due for such lease by the date 
royalties are due for that lease. When an estimated pay-
ment is made, actual royalties are payable at the end of 
the month following the month in which the estimated 
payment is made. If the estimated payment was less than 
the amount of actual royalties due, interest is owed on 
the underpaid amount. If the lessee or its designee makes 
a payment for such actual royalties, the lessee or its des-
ignee may apply the estimated payment to future royal-
ties. Any estimated payment may be adjusted, recouped, 
or reinstated by the lessee or its designee provided such 
adjustment, recoupment, or reinstatement is made within 
the limitation period for which the date royalties were due 
for that lease.’’; 
(2) by striking subsection (j); and 
(3) in subsection (k)(4)—
125 
(A) by striking ‘‘or overpaid royalties and 
associated interest’’; and 
(B) by striking ‘‘, refunded, or credited’’. 
SEC. 307. ADJUSTMENTS AND REFUNDS. 
Section 111A of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1721a) is amend-
ed— 
(1) in subsection (a)(3), by inserting ‘‘(A)’’ 
after ‘‘(3)’’, and by striking the last sentence and in-
serting the following: 
‘‘(B) Except as provided in subparagraph 
(C), no adjustment may be made with respect 
to an obligation that is the subject of an audit 
or compliance review after completion of the 
audit or compliance review, respectively, unless 
such adjustment is approved by the Secretary 
or the applicable delegated State, as appro-
priate. 
‘‘(C) If an overpayment is identified during 
an audit, the Secretary shall allow a credit in 
the amount of the overpayment.’’; 
(2) in subsection (a)(4)— 
(A) by striking ‘‘six’’ and inserting ‘‘four’’; 
and
126 
(B) by striking ‘‘shall’’ the second place it 
appears and inserting ‘‘may’’; and 
(3) in subsection (b)(1) by striking ‘‘and’’ after 
the semicolon at the end of subparagraph (C), by 
striking the period at the end of subparagraph (D) 
and inserting ‘‘; and’’, and by adding at the end the 
following: 
‘‘(E) is made within the adjustment period 
for that obligation.’’. 
SEC. 308. CONFORMING AMENDMENT. 
Section 114 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 is repealed. 
SEC. 309. OBLIGATION PERIOD. 
Section 115(c) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1724(c)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) ADJUSTMENTS.—In the case of an adjust-
ment under section 111A(a) in which a recoupment 
by the lessee results in an underpayment of an obli-
gation, for purposes of this Act the obligation be-
comes due on the date the lessee or its designee 
makes the adjustment.’’.
127 
SEC. 310. NOTICE REGARDING TOLLING AGREEMENTS AND 
SUBPOENAS. 
(a) TOLLING AGREEMENTS.—Section 115(d)(1) of 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1724(d)(1)) is amended by striking ‘‘(with no-
tice to the lessee who designated the designee)’’. 
(b) SUBPOENAS.—Section 115(d)(2)(A) of the Fed-
eral Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1724(d)(2)(A)) is amended by striking ‘‘(with no-
tice to the lessee who designated the designee, which notice 
shall not constitute a subpoena to the lessee)’’. 
SEC. 311. APPEALS AND FINAL AGENCY ACTION. 
Paragraphs (1) and (2) of section 115(h) the Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1724(h)) are amended by striking ‘‘33’’ each place it ap-
pears and inserting ‘‘48’’. 
SEC. 312. ASSESSMENTS. 
Section 116 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1724) is repealed. 
SEC. 
313. 
COLLECTION 
AND 
PRODUCTION 
ACCOUNT-
ABILITY. 
(a) PILOT PROJECT.—Within 2 years after the date 
of enactment of this Act, the Secretary shall complete a 
pilot project with willing operators of oil and gas leases 
on the Outer Continental Shelf that assesses the costs and 
benefits of automatic transmission of oil and gas volume
128 
and quality data produced under Federal leases on the 
Outer Continental Shelf in order to improve the produc-
tion verification systems used to ensure accurate royalty 
collection and audit. 
(b) REPORT.—The Secretary shall submit to Con-
gress a report on findings and recommendations of the 
pilot project within 3 years after the date of enactment 
of this Act. 
SEC. 314. NATURAL GAS REPORTING. 
The Secretary shall, within 180 days after the date 
of enactment of this Act, implement the steps necessary 
to ensure accurate determination and reporting of BTU 
values of natural gas from all Federal oil and gas leases 
to ensure accurate royalty payments to the United States. 
Such steps shall include, but not be limited to— 
(1) establishment of consistent guidelines for 
onshore and offshore BTU information from gas 
producers; 
(2) development of a procedure to determine 
the potential BTU variability of produced natural 
gas on a by-reservoir or by-lease basis; 
(3) development of a procedure to adjust BTU 
frequency requirements for sampling and reporting 
on a case-by-case basis;
129 
(4) systematic and regular verification of BTU 
information; and 
(5) revision of the ‘‘MMS–2014’’ reporting 
form to record, in addition to other information al-
ready required, the natural gas BTU values that 
form the basis for the required royalty payments. 
SEC. 315. PENALTY FOR LATE OR INCORRECT REPORTING 
OF DATA. 
(a) IN GENERAL.—The Secretary shall issue regula-
tions by not later than 1 year after the date of enactment 
of this Act that establish a civil penalty for late or incor-
rect reporting of data under the Federal Oil and Gas Roy-
alty Management Act of 1982 (30 U.S.C. 1701 et seq.). 
(b) AMOUNT.—The amount of the civil penalty shall 
be— 
(1) an amount (subject to paragraph (2)) that 
the Secretary determines is sufficient to ensure filing 
of data in accordance with that Act; and 
(2) not less than $10 for each failure to file 
correct data in accordance with that Act. 
(c) CONTENT OF REGULATIONS.—Except as provided 
in subsection (b), the regulations issued under this section 
shall be substantially similar to part 216.40 of title 30, 
Code of Federal Regulations, as most recently in effect 
before the date of enactment of this Act.
130 
SEC. 316. REQUIRED RECORDKEEPING. 
Within 1 year after the date of enactment of this Act, 
the Secretary shall publish final regulations concerning re-
quired recordkeeping of natural gas measurement data as 
set forth in part 250.1203 of title 30, Code of Federal 
Regulations (as in effect on the date of enactment of this 
Act), to include operators and other persons involved in 
the transporting, purchasing, or selling of gas under the 
requirements of that rule, under the authority provided 
in section 103 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1713). 
SEC. 317. SHARED CIVIL PENALTIES. 
Section 206 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1736) is amended by 
striking ‘‘Such amount shall be deducted from any com-
pensation due such State or Indian Tribe under section 
202 or section 205 or such State under section 205.’’. 
SEC. 318. APPLICABILITY TO OTHER MINERALS. 
Section 304 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1753) is amended by 
adding at the end the following new subsection: 
‘‘(e) APPLICABILITY TO OTHER MINERALS.— 
‘‘(1) Notwithstanding any other provision of 
law, sections 107, 109, and 110 of this Act and the 
regulations duly promulgated with respect thereto 
shall apply to any lease authorizing the development
131 
of coal or any other solid mineral on any Federal 
lands or Indian lands, to the same extent as if such 
lease were an oil and gas lease, on the same terms 
and conditions as those authorized for oil and gas 
leases. 
‘‘(2) Notwithstanding any other provision of 
law, sections 107, 109, and 110 of this Act and the 
regulations duly promulgated with respect thereto 
shall apply with respect to any lease, easement, 
right-of-way, or other agreement, regardless of form 
(including any royalty, rent, or other payment due 
thereunder)— 
‘‘(A) under section 8(k) or 8(p) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 
1337(k) and 1337(p)); or 
‘‘(B) under the Geothermal Steam Act (30 
U.S.C. 1001 et seq.), to the same extent as if 
such lease, easement, right-of-way, or other 
agreement were an oil and gas lease on the 
same terms and conditions as those authorized 
for oil and gas leases. 
‘‘(3) For the purposes of this subsection, the 
term ‘solid mineral’ means any mineral other than 
oil, gas, and geo-pressured-geothermal resources, 
that is authorized by an Act of Congress to be pro-
132 
duced from public lands (as that term is defined in 
section 103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702)).’’. 
SEC. 319. ENTITLEMENTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall publish final regulations 
prescribing when a Federal lessee or designee must report 
and pay royalties on the volume of oil and gas it takes 
under either a Federal or Indian lease or on the volume 
to which it is entitled to based upon its ownership interest 
in the Federal or Indian lease. The Secretary shall give 
consideration to requiring 100 percent entitlement report-
ing and paying based upon the lease ownership. 
SEC. 320. LIMITATION ON ROYALTY IN-KIND PROGRAM. 
Section 36 of the Mineral Leasing Act (30 U.S.C. 
192) is amended by inserting before the period at the end 
of the first sentence the following: ‘‘, except that the Sec-
retary shall not conduct a regular program to take oil and 
gas lease royalties in oil or gas’’. 
SEC. 321. APPLICATION OF ROYALTY TO OIL THAT IS 
SAVED, REMOVED, SOLD, OR DISCHARGED 
UNDER OFFSHORE OIL AND GAS LEASES. 
Section 8(a) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(a)) is further amended by adding 
at the end the following new paragraph:
133 
‘‘(10)(A) Any royalty under a lease under this section 
shall apply to all oil that is saved, removed, sold, or dis-
charged, without regard to whether any of the oil is un-
avoidably lost or used on, or for the benefit of, the lease. 
‘‘(B) In this paragraph the term ‘discharged’ means 
any emission (other than natural seepage), intentional or 
unintentional, and includes, but is not limited to, spilling, 
leaking, pumping, pouring, emitting, emptying, or dump-
ing.’’. 
TITLE IV—FULL FUNDING FOR 
THE LAND AND WATER CON-
SERVATION 
AND 
HISTORIC 
PRESERVATION FUNDS 
Subtitle A—Land and Water 
Conservation Fund 
SEC. 401. AMENDMENTS TO THE LAND AND WATER CON-
SERVATION FUND ACT OF 1965. 
Except as otherwise expressly provided, whenever in 
this subtitle an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.).
134 
SEC. 402. EXTENSION OF THE LAND AND WATER CON-
SERVATION FUND. 
Section 2 (16 U.S.C. 460l–5) is amended by striking 
‘‘September 30, 2015’’ both places it appears and insert-
ing ‘‘September 30, 2040’’. 
SEC. 403. PERMANENT FUNDING. 
(a) IN GENERAL.—The text of section 3 (16 U.S.C. 
460l–6) is amended to read as follows: 
‘‘(a) PERMANENT FUNDING.—Of the moneys covered 
into the fund, $900,000,000 shall be available each fiscal 
year for expenditure for the purposes of this Act without 
further appropriation. 
‘‘(b) ALLOCATION AUTHORITY.—The Committees on 
Appropriations of the House of Representatives and the 
Senate may provide by law for the allocation of moneys 
in the fund to eligible activities under this Act. 
‘‘(c) RECREATIONAL ACCESS FUNDING.—Notwith-
standing subsection (b), not less than 1.5 percent of the 
amounts made available under subsection (a) for each fis-
cal year shall be made available for projects that secure 
recreational public access to Federal land under the juris-
diction of the Secretary of the Interior for hunting, fish-
ing, and other recreational purposes through easements, 
rights-of-way, or fee title acquisitions, from willing sell-
ers.’’. 
(b) CONFORMING AMENDMENTS.—
135 
(1) Section 2(c)(2) (16 U.S.C. 460l–5(c)(2)) is 
amended by striking ‘‘: Provided’’ and all that fol-
lows through the end of the sentence and inserting 
a period. 
(2) Section 7(a) (16 U.S.C. 460l–9) is amended 
to read as follows: ‘‘Moneys from the fund for Fed-
eral purposes shall, unless allocated pursuant to sec-
tion 3(b) of this Act, be allotted by the President to 
the following purposes and subpurposes:’’. 
Subtitle B—National Historic 
Preservation Fund 
SEC. 411. PERMANENT FUNDING. 
The text of section 108 of the National Historic Pres-
ervation Act (16 U.S.C. 470h) is amended to read as fol-
lows: 
‘‘(a) PERMANENT FUNDING.—To carry out the provi-
sions of this Act, there is hereby established the Historic 
Preservation Fund (hereinafter referred to as the ‘fund’) 
in the Treasury of the United States. There shall be cov-
ered into the fund $150,000,000 for each of fiscal years 
1982 through 2040 from revenues due and payable to the 
United States under the Outer Continental Shelf Lands 
Act (67 Stat. 462, 469), as amended (43 U.S.C. 1338) 
and/or under the Act of June 4, 1920 (41 Stat. 813), as 
amended (30 U.S.C.191), notwithstanding any provision
136 
of law that such proceeds shall be credited to miscella-
neous receipts of the Treasury. Such moneys shall be used 
only to carry out the purposes of this Act and shall be 
available for expenditure without further appropriation. 
‘‘(b) ALLOCATION AUTHORITY.—The Committees on 
Appropriations of the House of Representatives and the 
Senate may provide by law for the allocation of moneys 
in the fund to eligible activities under this Act.’’. 
TITLE V—GULF OF MEXICO 
RESTORATION 
SEC. 501. GULF OF MEXICO RESTORATION PROGRAM. 
(a) PROGRAM.—There is established a Gulf of Mexico 
Restoration Program for the purposes of coordinating 
Federal, State, and local restoration programs and 
projects to maximize efforts in restoring biological integ-
rity, productivity and ecosystem functions in the Gulf of 
Mexico. 
(b) GULF OF MEXICO RESTORATION TASK FORCE.— 
(1) ESTABLISHMENT.—There is established a 
task force to be known as the Gulf of Mexico Res-
toration Task Force (in this section referred to as 
the ‘‘Restoration Task Force’’). 
(2) 
MEMBERSHIP.—The 
Restoration 
Task 
Force shall consist of the Governors of each of the 
Gulf Coast States and the heads of appropriate Fed-
137 
eral agencies selected by the President. The chair-
person of the Restoration Task Force (in this sub-
section referred to as the ‘‘Chair’’) shall be ap-
pointed by the President. The Chair shall be a per-
son who, as the result of experience and training, is 
exceptionally well-qualified to manage the work of 
the Restoration Task Force. The Chair shall serve 
in the Executive Office of the President. 
(3) ADVISORY COMMITTEES.—The Restoration 
Task Force may establish advisory committees and 
working groups as necessary to carry out is its du-
ties under this Act. 
(4) CITIZEN ADVISORY COUNCIL.— 
(A) IN GENERAL.—The Gulf Coast Res-
toration Task Force shall create a Citizen Advi-
sory Council made up of individuals who— 
(i) are local residents of the Gulf of 
Mexico region; 
(ii) are stakeholders who are not from 
the oil and gas industry or scientific com-
munity; 
(iii) include business owners, home-
owners, and local decisionmakers; and
138 
(iv) are a balanced representation geo-
graphically and in diversity among the in-
terests of its members. 
(B) FUNCTION.—The Council shall provide 
recommendations to the Task Force regarding 
its work. 
(c) GULF OF MEXICO RESTORATION PLAN.— 
(1) IN GENERAL.—Not later than nine months 
after the date of enactment of this Act, the Restora-
tion Task Force shall issue a proposed comprehen-
sive, multi-jurisdictional plan for long-term restora-
tion of the Gulf of Mexico that incorporates, to the 
greatest extent possible, existing restoration plans. 
Not later than 12 months after the date of enact-
ment and after notice and opportunity for public 
comment, the Restoration Task Force shall publish 
a final plan. The Plan shall be updated every five 
years in the same manner. 
(2) ELEMENTS OF RESTORATION PLAN.—The 
Plan shall— 
(A) identify processes and strategies for 
coordinating Federal, State, and local restora-
tion programs and projects to maximize efforts 
in restoring biological integrity, productivity
139 
and ecosystem functions in the Gulf of Mexico 
region; 
(B) identify mechanisms for scientific re-
view and input to evaluate the benefits and 
long-term effectiveness of restoration programs 
and projects; 
(C) identify, using the best science avail-
able, strategies for implementing restoration 
programs and projects for natural resources in-
cluding— 
(i) restoring species population and 
habitat including oyster reefs, sea grass 
beds, coral reefs, tidal marshes and other 
coastal wetlands and barrier islands and 
beaches; 
(ii) restoring fish passage and improv-
ing migratory pathways for wildlife; 
(iii) research that directly supports 
restoration programs and projects; 
(iv) restoring the biological produc-
tivity and ecosystem function in the Gulf 
of Mexico region; 
(v) improving the resilience of natural 
resources to withstand the impacts of cli-
mate change and ocean acidification to en-
140 
sure the long-term effectiveness of the res-
toration program; and 
(vi) restoring fisheries resources in 
the Gulf of Mexico that benefit the com-
mercial and recreational fishing industries 
and seafood processing industries through-
out the United States. 
(3) REPORT.—The Task Force shall annually 
provide a report to Congress about the progress in 
implementing the Plan. 
(d) DEFINITIONS.—For purposes of this section, the 
term— 
(1) ‘‘Gulf Coast State’’ means each of the 
States of Texas, Louisiana, Mississippi, Alabama, 
and Florida; and 
(2) ‘‘restoration programs and projects’’ means 
activities that support the restoration, rehabilitation, 
replacement, or acquisition of the equivalent, of in-
jured or lost natural resources including the ecologi-
cal services and benefits provided by such resources. 
(e) RELATIONSHIP TO OTHER LAW.—Nothing in this 
section affects the ability or authority of the Federal Gov-
ernment to recover costs of removal or damages from a 
person determined to be a responsible party pursuant to
141 
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) 
or other law. 
SEC. 502. GULF OF MEXICO LONG-TERM ENVIRONMENTAL 
MONITORING AND RESEARCH PROGRAM. 
(a) IN GENERAL.—To ensure that the Federal Gov-
ernment has independent, peer-reviewed scientific data 
and information to assess long-term direct and indirect 
impacts on trust resources located in the Gulf of Mexico 
and Southeast region resulting from the Deepwater Hori-
zon oil spill, the Secretary, through the National Oceanic 
and Atmospheric Administration, shall establish as soon 
as practicable after the date of enactment of this Act, a 
long-term, comprehensive marine environmental moni-
toring and research program for the marine and coastal 
environment of the Gulf of Mexico. The program shall re-
main in effect for a minimum of 10 years, and the Sec-
retary may extend the program beyond this initial period 
based upon a determination that additional monitoring 
and research is warranted. 
(b) SCOPE OF PROGRAM.—The program established 
under subsection (a) shall at a minimum include moni-
toring and research of the physical, chemical, and biologi-
cal characteristics of the affected marine, coastal, and es-
tuarine areas of the Gulf of Mexico and other regions of 
the exclusive economic zone of the United States affected
142 
by the Deepwater Horizon oil spill, and shall include spe-
cifically the following elements: 
(1) The fate, transport, and persistence of oil 
released during the spill and spatial distribution 
throughout the water column. 
(2) The fate, transport, and persistence of 
chemical dispersants applied in-situ or on surface 
waters. 
(3) Identification of lethal and sub-lethal im-
pacts to fish and wildlife resources that utilize habi-
tats located within the affected region. 
(4) Impacts to regional, State, and local econo-
mies that depend on the natural resources of the af-
fected area, including commercial and recreational 
fisheries, and other wildlife-dependent recreation. 
(5) Other elements considered necessary by the 
Secretary to ensure a comprehensive marine re-
search and monitoring program to comprehend and 
understand the implications to trust resources 
caused by the Deepwater Horizon oil spill. 
(c) COOPERATION AND CONSULTATION.—In devel-
oping the research and monitoring program established 
under subsection (a), the Secretary shall cooperate with 
the United States Geological Survey, and shall consult 
with—
143 
(1) the Council authorized under subtitle E of 
title II of Public Law 104–201; 
(2) appropriate representatives from the Gulf 
Coast States; 
(3) academic institutions and other research or-
ganizations; and 
(4) other experts with expertise in long-term 
environmental monitoring and research of the ma-
rine environment. 
(d) AVAILABILITY OF DATA.—Data and information 
generated through the program established under sub-
section (a) shall be managed and archived to ensure that 
it is accessible and available to governmental and non-
governmental personnel and to the general public for their 
use and information. 
(e) REPORT.—No later than 1 year after the estab-
lishment of the program under subsection (a), and bienni-
ally thereafter, the Secretary shall forward to the Con-
gress a comprehensive report summarizing the activities 
and findings of the program and detailing areas and issues 
requiring future monitoring and research. 
(f) DEFINITIONS.—For the purposes of this section, 
the term— 
(1) ‘‘trust resources’’ means the living and non-
living natural resources belonging to, managed by,
144 
held in trust by, appertaining to, or otherwise con-
trolled by the United States, any State, an Indian 
tribe, or a local government; 
(2) ‘‘Gulf coast State’’ means each of the states 
of Texas, Louisiana, Mississippi, Alabama and Flor-
ida; and 
(3) ‘‘Secretary’’ means the Secretary of Com-
merce. 
SEC. 503. GULF OF MEXICO EMERGENCY MIGRATORY SPE-
CIES ALTERNATIVE HABITAT PROGRAM. 
(a) IN GENERAL.—In order to reduce the injury or 
death of many populations of migratory species of fish and 
wildlife, including threatened and endangered species and 
other species of critical conservation concern, that utilize 
estuarine, coastal, and marine habitats of the Gulf of Mex-
ico that have been impacted, or are likely to be impacted, 
by the Deepwater Horizon oil spill, and to ensure that mi-
gratory species upon their annual return to the Gulf of 
Mexico find viable, healthy, and environmentally-safe habi-
tats to utilize for resting, feeding, nesting and roosting, 
and breeding, the Secretary of the Interior shall establish 
as soon as practicable after date of enactment of this Act, 
an emergency migratory species alternative habitat pro-
gram.
145 
(b) SCOPE OF PROGRAM.—The program established 
under subsection (a) shall at a minimum support projects 
along the Northern coast of the Gulf of Mexico to— 
(1) improve wetland water quality and forage; 
(2) restore and refurbish diked impoundments; 
(3) improve riparian habitats to increase fish 
passage and breeding habitat; 
(4) encourage conversion of agricultural lands 
to provide alternative migratory habitat for water 
fowl and other migratory birds; 
(5) transplant, relocate, or rehabilitate fish and 
wildlife; and 
(6) conduct other activities considered nec-
essary by the Secretary to ensure that migratory 
species have alternative habitat available for their 
use outside of habitat impacted by the oil spill. 
(c) NATIONAL FISH AND WILDLIFE FOUNDATION.— 
In implementing this section the Secretary may enter into 
an agreement with the National Fish and Wildlife Foun-
dation to administer the program. 
SEC. 504. GULF OF MEXICO RESTORATION ACCOUNT. 
(a) ESTABLISHMENT OF SPECIAL ACCOUNT.—There 
is established in the Treasury of the United States a sepa-
rate account to be known as the ‘‘Gulf of Mexico Restora-
tion Account’’.
146 
(b) FUNDING.—The Gulf of Mexico Restoration Ac-
count shall consist of such amounts as may be appro-
priated or credited to such Account by section 311A of 
the Federal Water Pollution Control Act. 
(c) EXPENDITURES.—Amounts in the Gulf of Mexico 
Restoration Account shall be available, as provided in ap-
propriations Acts, to carry out projects, programs, and ac-
tivities as recommended by the Gulf of Mexico Restoration 
Task Force established in this title. 
(d) AMENDMENT TO THE FEDERAL WATER POLLU-
TION CONTROL ACT.— 
(1) IN
GENERAL.—Title III of the Federal 
Water Pollution Control Act is amended by inserting 
after section 311 the following: 
‘‘SEC. 311A. ADDITIONAL PENALTIES FOR LARGE SPILLS IN 
THE GULF OF MEXICO. 
‘‘(a) IN GENERAL.—In the case of an offshore facility 
from which more than 1,000,000 barrels of oil or a haz-
ardous substance is discharged into the Gulf of Mexico 
in violation of section 311(b)(3), any person who is the 
owner or operator of the facility shall be subject to a civil 
penalty of $200,000,000 for each 1,000,000 barrels dis-
charged. 
‘‘(b) RELATIONSHIP TO OTHER PENALTIES.—The 
civil penalty under subsection (a) shall be in addition to
147 
any other penalties to which the owner or operator of the 
facility is subject, including those under section 311.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) takes effect on April 1, 2010. 
TITLE VI—COORDINATION AND 
PLANNING 
SEC. 601. REGIONAL COORDINATION. 
(a) IN GENERAL.—The purpose of this title is to pro-
mote— 
(1) better coordination, communication, and 
collaboration between Federal agencies with authori-
ties for ocean, coastal, and Great Lakes manage-
ment; and 
(2) coordinated and collaborative regional plan-
ning efforts using the best available science, and to 
ensure the protection and maintenance of marine 
ecosystem health, in decisions affecting the sustain-
able development and use of Federal renewable and 
nonrenewable resources on, in, or above the ocean 
(including the Outer Continental Shelf) and the 
Great Lakes for the long-term economic and envi-
ronmental benefit of the United States. 
(b) OBJECTIVES OF REGIONAL EFFORTS.—Such re-
gional efforts shall achieve the following objectives:
148 
(1) Greater systematic communication and co-
ordination among Federal, coastal State, and af-
fected tribal governments concerned with the con-
servation of and the sustainable development and 
use of Federal renewable and nonrenewable re-
sources of the oceans, coasts, and Great Lakes. 
(2) Greater reliance on a multiobjective, 
science- and ecosystem-based, spatially explicit man-
agement approach that integrates regional economic, 
ecological, affected tribal, and social objectives into 
ocean, coastal, and Great Lakes management deci-
sions. 
(3) Identification and prioritization of shared 
State and Federal ocean, coastal, and Great Lakes 
management issues. 
(4) Identification of data and information need-
ed by the Regional Coordination Councils established 
under section 602. 
(c) REGIONS.—There are hereby designated the fol-
lowing Coordination Regions: 
(1) PACIFIC REGION.—The Pacific Coordination 
Region, which shall consist of the coastal waters and 
Exclusive Economic Zone adjacent to the States of 
Washington, Oregon, and California.
149 
(2) GULF OF MEXICO REGION.—The Gulf of 
Mexico Coordination Region, which shall consist of 
the coastal waters and Exclusive Economic Zone ad-
jacent to the States of Texas, Louisiana, Mississippi, 
and Alabama, and the west coast of Florida. 
(3) NORTH ATLANTIC REGION.—The North At-
lantic Coordination Region, which shall consist of 
the coastal waters and Exclusive Economic Zone ad-
jacent to the States of Maine, New Hampshire, Mas-
sachusetts, Rhode Island, and Connecticut. 
(4) MID ATLANTIC REGION.—The Mid Atlantic 
Coordination Region, which shall consist of the 
coastal waters and Exclusive Economic Zone adja-
cent to the States of New York, New Jersey, Penn-
sylvania, Delaware, Maryland, and Virginia. 
(5) SOUTH ATLANTIC REGION.—The South At-
lantic Coordination Region, which shall consist of 
the coastal waters and Exclusive Economic Zone ad-
jacent to the States of North Carolina, South Caro-
lina, Georgia, the east coast of Florida, and the 
Straits of Florida Planning Area. 
(6) ALASKA REGION.—The Alaska Coordination 
Region, which shall consist of the coastal waters and 
Exclusive Economic Zone adjacent to the State of 
Alaska.
151 
Chairman of the Council on Environmental Quality 
shall publish the titles of the officials of each Fed-
eral agency and department that shall participate in 
each Council. The Councils shall include representa-
tives of each Federal agency and department that 
has authorities related to the development of ocean, 
coastal, or Great Lakes policies or engages in plan-
ning, management, or scientific activities that sig-
nificantly affect or inform the use of ocean, coastal, 
or Great Lakes resources. The Chairman of the 
Council on Environmental Quality shall determine 
which Federal agency representative shall serve as 
the chairperson of each Council. 
(2) COASTAL STATE REPRESENTATIVES.— 
(A) NOTICE
OF
INTENT
TO
PARTICI-
PATE.—The Governor of each coastal State 
within each Coordination Region designated by 
section 601(c) shall within 3 months after the 
date of enactment of this Act, inform the Chair-
man of the Council on Environmental Quality 
whether or not the State intends to participate 
in the Regional Coordination Council for the 
Region. 
(B) 
APPOINTMENT
OF
RESPONSIBLE 
STATE OFFICIAL.—If a coastal State intends to
153 
part of the Coordination Region of a Regional Co-
ordination Council may appoint a representative to 
serve on the Council in addition to any Federal or 
State appointments. 
(5) TRIBAL REPRESENTATION.—An appropriate 
tribal official selected by affected Indian tribes situ-
ated in the affected Coordination Region may elect 
to appoint a representative of such tribes collectively 
to serve as a member of the Regional Coordination 
Council for that Region. 
(6) LOCAL REPRESENTATION.—The Chairman 
of the Council on Environmental Quality shall, in 
consultation with the Governors of the coastal States 
within each Coordination Region, identify and ap-
point representatives of county and local govern-
ments, as appropriate, to serve as members of the 
Regional Coordination Council for that Region. 
(c) ADVISORY COMMITTEE.—Each Regional Coordi-
nation Council shall establish advisory committees for the 
purposes of public and stakeholder input and scientific ad-
vice, made up of a balanced representation from the en-
ergy, shipping, transportation, commercial and rec-
reational fishing, and recreation industries, from marine 
environmental nongovernmental organizations, and from 
scientific and educational authorities with expertise in the
154 
conservation and management of ocean, coastal, and 
Great Lakes resources to advise the Council during the 
development of Regional Assessments and Regional Stra-
tegic Plans and in its other activities. 
(d) COORDINATION WITH EXISTING PROGRAMS.— 
Each Regional Coordination Council shall build upon and 
complement current State, multistate, and regional capac-
ity and governance and institutional mechanisms to man-
age and protect ocean waters, coastal waters, and ocean 
resources. 
SEC. 603. REGIONAL STRATEGIC PLANS. 
(a) INITIAL REGIONAL ASSESSMENT.— 
(1) IN GENERAL.—Each Regional Coordination 
Council, shall, within one year after the date of en-
actment of this Act, prepare an initial assessment of 
its Coordination Region that shall identify defi-
ciencies in data and information necessary to in-
formed decisionmaking by Federal, State, and af-
fected tribal governments concerned with the con-
servation of and management of the oceans, coasts, 
and Great Lakes. Each initial assessment shall to 
the extent feasible— 
(A) identify the Coordination Region’s re-
newable and non renewable resources, including 
current and potential energy resources, except
155 
for the assessment for the Great Lakes Coordi-
nation Region, for which the Regional Coordi-
nation Council for such Coordination Region 
shall only identify the Great Lakes Coordina-
tion Region’s renewable energy resources, in-
cluding current and potential renewable energy 
resources; 
(B) identify and include a spatially and 
temporally explicit inventory of existing and po-
tential uses of the Coordination Region, includ-
ing fishing and fish habitat, recreation, and en-
ergy development; 
(C) document the health and relative envi-
ronmental sensitivity of the marine ecosystem 
within the Coordination Region, including a 
comprehensive survey and status assessment of 
species, habitats, and indicators of ecosystem 
health; 
(D) identify marine habitat types and im-
portant ecological areas within the Coordination 
Region; 
(E) assess the Coordination Region’s ma-
rine economy and cultural attributes and in-
clude regionally-specific ecological and socio- 
economic baseline data;
156 
(F) identify and prioritize additional sci-
entific and economic data necessary to inform 
the development of Strategic Plans; and 
(G) include other information to improve 
decision making as determined by the Regional 
Coordination Council. 
(2) DATA.—Each initial assessment shall— 
(A) use the best available data; 
(B) collect and provide data in a spatially 
explicit manner wherever practicable and pro-
vide such data to the interagency comprehensive 
digital mapping initiative as described in section 
2 of Public Law 109–58 (42 U.S.C. 15801); 
and 
(C) make publicly available any such data 
that is not classified information. 
(3) PUBLIC
PARTICIPATION.—Each Regional 
Coordination Council shall provide adequate oppor-
tunity for review and input by stakeholders and the 
general public during the preparation of the initial 
assessment and any revised assessments. 
(b) REGIONAL STRATEGIC PLANS.— 
(1) REQUIREMENT.—Each Regional Coordina-
tion Council shall, within 3 years after the comple-
tion of the initial regional assessment, prepare and
157 
submit to the Chairman of the Council on Environ-
mental Quality a multiobjective, science- and eco-
system-based, spatially explicit, integrated Strategic 
Plan in accordance with this subsection for the 
Council’s Coordination Region. 
(2) OBJECTIVE AND GOALS.—The objective of 
the Strategic Plans under this subsection shall be to 
foster comprehensive, integrated, and sustainable de-
velopment and use of ocean, coastal, and Great 
Lakes resources, while protecting marine ecosystem 
health and sustaining the long-term economic and 
ecosystem values of the oceans, coasts, and Great 
Lakes. 
(3) CONTENTS.—Each Strategic Plan prepared 
by a Regional Coordination Council shall— 
(A) be based on the initial regional assess-
ment and updates for the Coordination Region 
under subsections (a) and (c), respectively; 
(B) foster the sustainable and integrated 
development and use of ocean, coastal, and 
Great Lakes resources in a manner that pro-
tects the health of marine ecosystems; 
(C) identify areas with potential for siting 
and developing renewable and nonrenewable en-
ergy resources in the Coordination Region cov-
158 
ered by the Strategic Plan, except for the Stra-
tegic Plan for the Great Lakes Coordination 
Region which shall identify only areas with po-
tential for siting and developing renewable en-
ergy resources in the Great Lakes Coordination 
Region; 
(D) identify other current and potential 
uses of the ocean and coastal resources in the 
Coordination Region; 
(E) identify and recommend long-term 
monitoring needs for ecosystem health and so-
cioeconomic variables within the Coordination 
Region covered by the Strategic Plan; 
(F) identify existing State and Federal 
regulating authorities within the Coordination 
Region covered by the Strategic Plan and meas-
ures to assist those authorities in carrying out 
their responsibilities; 
(G) identify best available technologies to 
minimize adverse environmental impacts and 
use conflicts in the development of ocean and 
coastal resources in the Coordination Region; 
(H) identify additional research, informa-
tion, and data needed to carry out the Strategic 
Plan;
159 
(I) identify performance measures and 
benchmarks for purposes of fulfilling the re-
sponsibilities under this section to be used to 
evaluate the Strategic Plan’s effectiveness; 
(J) define responsibilities and include an 
analysis of the gaps in authority, coordination, 
and resources, including funding, that must be 
filled in order to fully achieve those perform-
ance measures and benchmarks; and 
(K) include such other information at the 
Chairman of the Council on Environmental 
Quality determines is appropriate. 
(4) PUBLIC
PARTICIPATION.—Each Regional 
Coordination Council shall provide adequate oppor-
tunities for review and input by stakeholders and the 
general public during the development of the Stra-
tegic Plan and any Strategic Plan revisions. 
(c) UPDATED REGIONAL ASSESSMENTS.—Each Re-
gional Coordination Council shall update the initial re-
gional assessment prepared under subsection (a) in coordi-
nation with each Strategic Plan revision under subsection 
(e), to provide more detailed information regarding the re-
quired elements of the assessment and to include any rel-
evant new information that has become available in the 
interim.
160 
(d) REVIEW AND APPROVAL.— 
(1) COMMENCEMENT OF REVIEW.—Within 10 
days after receipt of a Strategic Plan under this sec-
tion, or any revision to such a Strategic Plan, from 
a Regional Coordination Council, the Chairman of 
the Council of Environmental Quality shall com-
mence a review of the Strategic Plan or the revised 
Strategic Plan, respectively. 
(2) PUBLIC
NOTICE
AND
COMMENT.—Imme-
diately after receipt of such a Strategic Plan or revi-
sion, the Chairman of the Council of Environmental 
Quality shall publish the Strategic Plan or revision 
in the Federal Register and provide an opportunity 
for the submission of public comment for a 90-day 
period beginning on the date of such publication. 
(3) REQUIREMENTS
FOR
APPROVAL.—Before 
approving a Strategic Plan, or any revision to a 
Strategic Plan, the Chairman of the Council on En-
vironmental Quality must find that the Strategic 
Plan or revision— 
(A) complies with subsection (b); and 
(B) complies with the purposes of this title 
as identified in section 601(a) and the objec-
tives identified in section 601(b).
161 
(4) DEADLINE FOR COMPLETION.—Within 180 
days after the receipt of a Strategic Plan, or a revi-
sion to a Strategic Plan, the Chairman of the Coun-
cil of Environmental Quality shall approve or dis-
approve the Strategic Plan or revision. If the Chair-
man disapproves the Strategic Plan or revision, the 
Chairman shall transmit to the Regional Coordina-
tion Council that submitted the Strategic Plan or re-
vision, an identification of the deficiencies and rec-
ommendations to improve it. The Council shall sub-
mit a revised Strategic Plan or revision to such plan 
with 180 days after receiving the recommendations 
from the Chairman. 
(e) PLAN REVISION.—Each Strategic Plan shall be 
reviewed and revised by the relevant Regional Coordina-
tion Council at least once every 5 years. Such review and 
revision shall be based on the most recently updated re-
gional assessment. Any proposed revisions to the Strategic 
Plan shall be submitted to the Chairman of the Council 
on Environmental Quality for review and approval pursu-
ant to this section. 
SEC. 604. REGULATIONS AND SAVINGS CLAUSE. 
(a) REGULATIONS.—The Chairman of the Council on 
Environmental Quality may issue such regulations as the
162 
Chairman considers necessary to implement sections 601 
through 603. 
(b) SAVINGS CLAUSE.—Nothing in this title shall be 
construed to affect existing authorities under Federal law. 
SEC. 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 
Assistance Fund. 
(2) CREDITS.—The ORCA Fund shall be cred-
ited with amounts as specified in section 9 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 
1338), as amended by section 207 of this Act. 
(3) ALLOCATION OF THE ORCA FUND.—Of the 
amounts appropriated from the ORCA Fund each 
fiscal year— 
(A) 70 percent shall be allocated to the 
Secretary, of which— 
(i) one-half shall be used to make 
grants to coastal States and affected In-
dian tribes under subsection (b); and
163 
(ii) one-half shall be used for the 
ocean, coastal, and Great Lakes grants 
program established by subsection (c); 
(B) 20 percent shall be allocated to the 
Secretary to carry out the purposes of sub-
section (e); and 
(C) 10 percent shall be allocated to the 
Secretary to make grants to Regional Ocean 
Partnerships under subsection (d) and the Re-
gional Coordination Councils established under 
section 602. 
(4) PROCEDURES.—The Secretary shall estab-
lish application, review, oversight, financial account-
ability, and performance accountability procedures 
for each grant program for which funds are allo-
cated under this subsection. 
(b) GRANTS TO COASTAL STATES.— 
(1) GRANT
AUTHORITY.—The Secretary may 
use 
amounts 
allocated 
under 
subsection 
(a)(3)(A)(I)(I) to make grants to— 
(A) coastal States pursuant to the formula 
established under section 306(c) of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 
1455(c)); and
164 
(B) 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— 
(A) demonstrate that activities for which 
the coastal State or affected Indian tribe will 
use the funds are consistent with the eligible 
uses of the Fund described in subsection (f); 
and 
(B) provide mechanisms to ensure that 
funding is made available to government, non-
government, and academic entities to carry out 
eligible activities at the county and local level. 
(3) APPROVAL OF STATE AND AFFECTED TRIB-
AL PLANS.— 
(A) IN GENERAL.—Plans required under 
paragraph (2) must be submitted to and ap-
proved by the Secretary. 
(B) PUBLIC INPUT AND COMMENT.—In de-
termining whether to approve such plans, the
165 
Secretary shall provide opportunity for, and 
take into consideration, public input and com-
ment on the plans from stakeholders and the 
general public. 
(5) ENERGY PLANNING GRANTS.—For each of 
the fiscal years 2011 through 2015, the Secretary 
may use funds allocated for grants under this sub-
section to make grants to coastal States and affected 
tribes under section 320 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1451 et seq.), as 
amended by this Act. 
(6) USE OF FUNDS.—Any amounts provided as 
a grant under this subsection, other than as a 
grants under paragraph (5), may only be used for 
activities described in subsection (f). 
(c) OCEAN
AND COASTAL COMPETITIVE GRANTS 
PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall use 
amounts allocated under subsection (a)(3)(A)(I)(II) 
to make competitive grants for conservation and 
management of ocean, coastal, and Great Lakes eco-
systems and marine resources. 
(2) OCEAN, COASTAL, AND GREAT LAKES RE-
VIEW PANEL.—
166 
(A) IN GENERAL.—The Secretary shall es-
tablish an Ocean, Coastal, and Great Lakes Re-
view Panel (in this subsection referred to as the 
‘‘Panel’’), 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, 
the private sector, nonprofit organizations, and 
academia. 
(B) FUNCTIONS.—The Panel shall— 
(i) review, in accordance with the pro-
cedures and criteria established under 
paragraph (3), grant applications under 
this subsection; 
(ii) make recommendations to the 
Secretary regarding which grant applica-
tions should be funded and the amount of 
each grant; and 
(iii) establish any specific require-
ments, conditions, or limitations on a grant 
application recommended for funding.
167 
(3) PROCEDURES
AND
ELIGIBILITY
CRITERIA 
FOR GRANTS.— 
(A) IN GENERAL.—The Secretary shall es-
tablish— 
(i) procedures for applying for a grant 
under this subsection and criteria for eval-
uating applications for such grants; and 
(ii) criteria, in consultation with the 
Panel, to determine what persons are eligi-
ble for grants under the program. 
(B) ELIGIBLE PERSONS.—Persons eligible 
under the criteria under subparagraph (A)(ii) 
shall include Federal, State, affected tribal, and 
local agencies, fishery or wildlife management 
organizations, nonprofit organizations, and aca-
demic institutions. 
(4) APPROVAL OF GRANTS.—In making grants 
under this subsection the Secretary shall give the 
highest priority to the recommendations of the 
Panel. If the Secretary disapproves a grant rec-
ommended by the Panel, the Secretary shall explain 
that disapproval in writing. 
(5) USE OF GRANT FUNDS.—Any amounts pro-
vided as a grant under this subsection may only be 
used for activities described in subsection (f).
168 
(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 a grant, a Regional Ocean Partnership must 
prepare and annually revise a plan that— 
(A) identifies regional science and informa-
tion needs, regional goals and priorities, and 
mechanisms for facilitating coordinated and col-
laborative responses to regional issues; 
(B) establishes a process for coordinating 
and collaborating with the Regional Coordina-
tion Councils established under section 602 to 
address regional issues and information needs 
and achieve regional goals and priorities; and 
(C) demonstrates that activities to be car-
ried out with such funds are eligible uses of the 
funds identified in subsection (f). 
(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-
169 
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 be used for 
activities described in subsection (f). 
(e) LONG-TERM OCEAN
AND COASTAL OBSERVA-
TIONS.— 
(1) IN GENERAL.—The Secretary shall use the 
amounts allocated under subsection (a)(3)(A)(ii) to 
build, operate, and maintain the system established 
under section 12304 of Public Law 111–11 (33 
U.S.C. 3603), in accordance with the purposes and 
policies for which the system was established. 
(2) ADMINISTRATION
OF
FUNDS.—The Sec-
retary shall administer and distribute funds under 
this subsection based upon comprehensive system 
budgets adopted by the Council referred to in section 
12304(c)(1)(A) of the Integrated Coastal and Ocean 
Observation System Act of 2009 (33 U.S.C. 
3603(c)(1)(A)). 
(f) 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
170 
environmental laws and that avoids environmental deg-
radation, 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; 
(6) planning for and managing coastal develop-
ment to minimize the loss of life and property asso-
ciated with sea level rise and the coastal hazards re-
sulting from it;
171 
(7) research, education, assessment, monitoring, 
and dissemination of information that contributes to 
the achievement of these purposes; 
(8) research of, protection of, enhancement to, 
and activities to improve the resiliency of culturally 
significant areas and resources; and 
(9) activities designed to rescue, rehabilitate, 
and recover injured marine mammals, marine birds, 
and sea turtles. 
(g) DEFINITIONS.—In this section: 
(1) ORCA FUND.—The term ‘‘ORCA Fund’’ 
means the Ocean Resources Conservation and As-
sistance Fund established by this section. 
(2) SECRETARY.—Notwithstanding section 3, 
the term ‘‘Secretary’’ means the Secretary of Com-
merce. 
SEC. 606. WAIVER. 
The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Regional Coordination Councils es-
tablished under section 602.