234 
‘‘(2) DISCHARGE.—The term ‘discharge’ has 
the meaning given that term in section 1001 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2701).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating 
to section 425 the following: 
‘‘426. Emergency leave retention authority.’’. 
SEC. 730. AUTHORIZATION OF APPROPRIATIONS. 
(a) COAST GUARD.—In addition to amounts made 
available pursuant to section 1012(a)(5)(A) of the Oil Pol-
lution Act of 1990 (33 U.S.C. 2712(a)(5)(A)), there is au-
thorized to be appropriated to the Secretary of the depart-
ment in which the Coast Guard is operating from the Oil 
Spill Liability Trust Fund established by section 9509 of 
the Internal Revenue Code of 1986 (26 U.S.C. 9509) to 
carry out the purposes of this title and the amendments 
made by this title the following: 
(1) For fiscal year 2011, $30,000,000. 
(2) For each of fiscal years 2012 through 2015, 
$32,000,000. 
(b) ENVIRONMENTAL PROTECTION AGENCY.—In ad-
dition to amounts made available pursuant to section 1012 
of the Oil Pollution Act of 1990 (33 U.S.C. 2712), there 
is authorized to be appropriated to the Administrator of 
the Environmental Protection Agency from the Oil Spill 
Liability Trust Fund to implement this title and the
235 
amendments made by this title $10,000,000 for each of 
fiscal years 2011 through 2015. 
(c) DEPARTMENT OF TRANSPORTATION.—In addi-
tion to amounts made available pursuant to section 60125 
of title 49, United States Code, there is authorized to be 
appropriated to the Secretary of Transportation from the 
Oil Spill Liability Trust Fund to carry out the purposes 
of this title and the amendments made by this title the 
following: 
(1) For each of fiscal years 2011 through 2013, 
$7,000,000. 
(2) For each of fiscal years 2014 and 2015, 
$6,000,000. 
SEC. 731. EXTENSION OF LIABILITY TO PERSONS HAVING 
OWNERSHIP 
INTERESTS 
IN 
RESPONSIBLE 
PARTIES. 
(a) DEFINITION OF RESPONSIBLE PARTY.—Section 
1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 
2701(32)) is amended by adding at the end the following: 
‘‘(G) PERSON HAVING OWNERSHIP INTER-
EST.—Any person, other than an individual, 
having an ownership interest (directly or indi-
rectly) in any entity described in any of sub-
paragraphs (A) through (F) of more than 25 
percent, in the aggregate, of the total ownership
236 
interests in such entity, if the assets of such en-
tity are insufficient to pay the claims owed by 
such entity as a responsible party under this 
Act.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to an incident occurring on or after 
January 1, 2010. 
SEC. 732. CLARIFICATION OF LIABILITY UNDER OIL POLLU-
TION ACT OF 1990. 
The Oil Pollution Act of 1990 is amended— 
(1) in section 1013 (33 U.S.C. 2713), by insert-
ing after subsection (d) the following: 
‘‘(e) LIMITATION ON RELEASE OF LIABILITY.—No 
release of liability in connection with compensation re-
ceived by a claimant under this Act shall apply to liability 
for any tope of harm unless— 
‘‘(1) the claimant presented a claim under sub-
section (a) with respect to such type of harm; and 
‘‘(2) the claimant received compensation for 
such type of harm, from the responsible party or 
from guarantor of the source designated under sec-
tion 1014(a), in connection with such release.’’; and 
(2) in section 1018 (33 U.S.C. 2718), by— 
(A) striking ‘‘or’’ at the end of paragraph 
(1);
237 
(B) striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(C) inserting after paragraph (2) the fol-
lowing: 
‘‘(3) with respect to a claim described in section 
1013(e), affect, or be construed or interpreted to af-
fect or modify in any way, the obligations or liabil-
ities of any person under other Federal law.’’. 
SEC. 733. SALVAGE ACTIVITIES. 
Section 311 of the Federal Water Pollution Control 
Act (33 U.S.C. 1321) is amended— 
(1) in subsection (a)(2)(D) by inserting ‘‘or sal-
vage activities’’ after ‘‘removal’’; and 
(2) in subsection (c)(4)(A) by inserting ‘‘or con-
ducting salvage activities’’ after ‘‘advice’’. 
SEC. 734. REQUIREMENT FOR REDUNDANCY IN RESPONSE 
PLANS. 
(a) REQUIREMENT.—Section 311(j)(5)(D) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1331(j)(5)(D)) is amended by redesignating clauses (v) 
and (vi) as clauses (vii) and (viii), and by inserting after 
clause (iv) the following new clauses: 
‘‘(v) include redundancies that specify 
response actions that will be taken if other 
response actions specified in the plan fail;
238 
‘‘(vi) be vetted by impartial experts;’’. 
(b) CONDITION OF PERMIT.—The Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LI-
CENSE AUTHORIZING DRILLING FOR OIL AND 
GAS. 
‘‘The Secretary may not issue any license or permit 
authorizing drilling for oil and gas on the Outer Conti-
nental Shelf unless the applicant for the license or permit 
has a response plan approved under section 311(j)(5)(D) 
of the Federal Water Pollution Control Act (33 U.S.C. 
1331(j)(5)(D)) for the vessel or facility that will be used 
to conduct such drilling.’’. 
TITLE VIII—MISCELLANEOUS 
PROVISIONS 
SEC. 801. 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’’.
239 
(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). 
SEC. 802. CONSERVATION FEE. 
(a) ESTABLISHMENT.—The Secretary shall, within 
180 days after the date of enactment of this Act, issue 
regulations to establish an annual conservation fee for all 
oil and gas leases on Federal onshore and offshore lands. 
(b) AMOUNT.—The amount of the fee shall be, for 
each barrel or barrel equivalent produced from land that 
is subject to a lease from which oil or natural gas is pro-
duced in a calendar year, $2 per barrel of oil and 20 cents 
per million BTU of natural gas in 2010 dollars. 
(c) ASSESSMENT AND COLLECTION.—The Secretary 
shall assess and collect the fee established under this sec-
tion. 
(d) REGULATIONS.—The Secretary may issue regula-
tions to prevent evasion of the fee under this section. 
(e) SUNSET.—This section and the fee established 
under this section shall expire on December 31, 2021.