I 
112TH CONGRESS 
1ST SESSION H. R. 1228 
To provide for payments to certain natural resource trustees to assist in 
restoring natural resources damaged as a result of the Deepwater Hori-
zon oil spill, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2011 
Mr. LANDRY introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To provide for payments to certain natural resource trustees 
to assist in restoring natural resources damaged as a 
result of the Deepwater Horizon oil spill, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Natural Resources 
Restoration Act of 2011’’. 
VerDate Mar 15 2010 
04:23 Mar 30, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1228.IH
H1228
rfrederick on DSKD9S0YB1PROD with BILLS
SEC. 2. DEEPWATER HORIZON OIL SPILL DAMAGE ASSESS-
MENT. 
Title I of the Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1021. DEEPWATER HORIZON OIL SPILL DAMAGE AS-
SESSMENT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) DEEPWATER
HORIZON
OIL
SPILL.—The 
term ‘Deepwater Horizon Oil Spill’ means the blow-
out and explosion of the mobile offshore drilling unit 
Deepwater Horizon that occurred on April 20, 2010, 
the resulting hydrocarbon releases into the environ-
ment, and the various response actions that injured 
natural resources in the Gulf of Mexico and in State 
water and land bordering the Gulf of Mexico. 
‘‘(3) PANEL.—The term ‘panel’ means the 
panel established under subsection (b). 
‘‘(4) TRUSTEE.—The term ‘trustee’ means each 
of the Federal and State trustees designated under 
paragraphs (2) and (3) of section 1006(b) with re-
spect to natural resource damages relating to the 
Deepwater Horizon Oil Spill. 
VerDate Mar 15 2010 
04:23 Mar 30, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1228.IH
H1228
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(b) DEEPWATER HORIZON OIL SPILL DAMAGE AS-
SESSMENT.— 
‘‘(1) ESTABLISHMENT OF PANEL.—The Admin-
istrator shall enter into an arrangement with the 
National Academies under which the National Acad-
emies shall convene, in consultation with the trust-
ees, a panel of scientists with appropriate expertise 
to conduct, in coordination with the trustees, a pre-
liminary evaluation of the natural resource damages 
from the Deepwater Horizon Oil Spill. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Based on the prelimi-
nary evaluation conducted under paragraph (1), 
the panel shall prepare a report that includes 
an estimate of— 
‘‘(i) the cost for each trustee of— 
‘‘(I) restoring the natural re-
sources under the trusteeship of the 
trustee injured by the Deepwater Ho-
rizon Oil Spill; and 
‘‘(II) compensating the trustee 
for the loss of natural resource serv-
ices under the trusteeship of the 
trustee during the period beginning on 
April 20, 2010, and ending on the 
VerDate Mar 15 2010 
04:23 Mar 30, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1228.IH
H1228
rfrederick on DSKD9S0YB1PROD with BILLS
date on which the natural resources 
are fully restored; and 
‘‘(ii) the total of the estimated costs 
described in clause (i) for all trustees. 
‘‘(B) CONSIDERATIONS.—In preparing the 
report under subparagraph (A), the panel shall 
consider— 
‘‘(i) the results of the study conducted 
under section 2004(3) of the Supplemental 
Appropriations Act, 2010 (Public Law 
112–212; 124 Stat. 2338); and 
‘‘(ii) any appropriate and available in-
formation that has been generated through 
the natural resources damages assessment 
being conducted by the trustees under sec-
tion 1006(d) with respect to the Deepwater 
Horizon Oil Spill. 
‘‘(C) TIMELINE.— 
‘‘(i) PRELIMINARY DRAFT.—Not later 
than 90 days after the date of enactment 
of this Act, the panel shall prepare a pre-
liminary draft of the report required under 
subparagraph (A). 
‘‘(ii) COMMENT PERIOD.— 
VerDate Mar 15 2010 
04:23 Mar 30, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1228.IH
H1228
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(I) IN
GENERAL.—In accord-
ance with subclause (II), the panel 
shall provide for a comment period 
during which the panel shall solicit 
from trustees and responsible parties 
comments on the preliminary draft re-
port. 
‘‘(II) 
TIMELINE.—Comments 
shall be solicited under subclause (I) 
during the 30-day period beginning on 
the date of completion of the prelimi-
nary draft report under subparagraph 
(A). 
‘‘(iii) FINAL REPORT.—Not later than 
30 days after the date on which the com-
ment period ends under clause (ii), the 
panel shall— 
‘‘(I) submit to Congress a final 
version of the report required under 
subparagraph (A); and 
‘‘(II) publish in the Federal Reg-
ister notice that the final report has 
been completed. 
‘‘(3) SPECIAL ASSESSMENT.— 
VerDate Mar 15 2010 
04:23 Mar 30, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1228.IH
H1228
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, in making an assessment 
of natural resource damages with respect to the 
Deepwater Horizon Oil Spill under paragraph 
(1) or (2) of section 1006(c), a trustee shall in-
clude a special assessment in an amount that is 
equal to— 
‘‘(i) 30 percent of the cost of restoring 
the natural resources under the trusteeship 
of the trustee injured by the Deepwater 
Horizon Oil Spill and compensating the 
trustee for the loss natural resource serv-
ices under the trusteeship of the trustee 
during the period beginning on April 20, 
2010, and ending on the date on which the 
natural resources are fully restored, as es-
timated in the report prepared under para-
graph (2); or 
‘‘(ii) an amount mutually agreed to by 
the responsible parties and the trustees. 
‘‘(B) 
PAYMENT
OF
SPECIAL
ASSESS-
MENT.—The responsible parties shall be respon-
sible for paying the amounts assessed under 
subparagraph (A), in accordance with the provi-
sions of this Act. 
VerDate Mar 15 2010 
04:23 Mar 30, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1228.IH
H1228
rfrederick on DSKD9S0YB1PROD with BILLS
‘‘(C) USE.— 
‘‘(i) IN GENERAL.—Any amounts as-
sessed under subparagraph (A) shall be 
used by a trustee to conduct projects to re-
store natural resources injured by the 
Deepwater Horizon Oil Spill. 
‘‘(ii) APPLICABLE
LAW.—Any activi-
ties carried out by the trustees using 
amounts assessed under subparagraph (A) 
shall be carried out in accordance with ap-
plicable laws (including regulations) relat-
ing to natural resource damages assess-
ment and restoration, including laws relat-
ing to public participation. 
‘‘(D) CREDITS.—There shall be credited 
toward any other natural resource damages as-
sessed against the responsible parties for the 
Deepwater Horizon Oil Spill, in accordance 
with applicable laws (including regulations) any 
amounts assessed under subparagraph (A). 
‘‘(E) REGULATIONS.—As soon as prac-
ticable after the date of enactment of this sec-
tion, the Administrator shall promulgate regula-
tions establishing a program under which re-
sponsible parties can purchase credits for the 
VerDate Mar 15 2010 
04:23 Mar 30, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1228.IH
H1228
rfrederick on DSKD9S0YB1PROD with BILLS
cost of any projects carried out by a trustee 
under subparagraph (C)(i).’’. 
Æ 
VerDate Mar 15 2010 
04:23 Mar 30, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H1228.IH
H1228
rfrederick on DSKD9S0YB1PROD with BILLS