148 
‘‘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. 
(3) PROCEDURES
AND
ELIGIBILITY
CRITERIA 
FOR GRANTS.— 
(A) IN GENERAL.—The Secretary shall es-
tablish— 
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149 
(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). 
(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. 
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150 
(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-
ation, input and comment on the plans from stake-
holders and the general public. 
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151 
(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 
environmental laws and that avoids environmental deg-
radation, including— 
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152 
(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; 
(7) research, education, assessment, monitoring, 
and dissemination of information that contributes to 
the achievement of these purposes; 
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153 
(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. 506. WAIVER. 
The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Regional Coordination Councils es-
tablished under section 602. 
TITLE VI—OIL SPILL ACCOUNT-
ABILITY 
AND 
ENVIRON-
MENTAL PROTECTION 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Oil Spill Account-
ability and Environmental Protection Act of 2011’’. 
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196 
‘‘(ii) who fails to provide notice to the 
appropriate Federal agency pursuant to 
paragraph (5), or’’; and 
(v) by adding at the end the following: 
‘‘Whenever the President delegates the au-
thority to issue regulations under sub-
section (j), the head of the agency who 
issues regulations pursuant to that author-
ity shall have the authority to assess a civil 
penalty in accordance with this section for 
violations of such regulations.’’. 
(C) 
PENALTY
AMOUNTS.—Section 
311(b)(6)(B) 
of 
such 
Act 
(33 
U.S.C. 
1321(b)(6)(B)) is amended— 
(i) in clause (i)— 
(I) by striking ‘‘$10,000’’ and in-
serting ‘‘$100,000’’; and 
(II) by striking ‘‘$25,000’’ and 
inserting ‘‘$250,000’’; and 
(ii) in clause (ii)— 
(I) by striking ‘‘$10,000’’ and in-
serting ‘‘$100,000’’; and 
(II) by striking ‘‘$125,000’’ and 
inserting ‘‘$1,000,000’’. 
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197 
(2) CIVIL
PENALTIES.—Section 311(b)(7) of 
such Act (33 U.S.C. 1321(b)(7)) is amended— 
(A) in subparagraph (A)— 
(i) by striking ‘‘$25,000’’ and insert-
ing ‘‘$100,000’’; and 
(ii) by striking ‘‘$1,000’’ and insert-
ing ‘‘$2,500’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘described in subpara-
graph (A)’’; 
(ii) in clause (i) by striking ‘‘carry out 
removal of the discharge under an order of 
the President pursuant to subsection (c); 
or’’ and inserting ‘‘comply with any order 
or action required by the President pursu-
ant to subsection (c),’’; 
(iii) 
in 
clause 
(ii) 
by 
striking 
‘‘(1)(B)’’; 
(iv) by redesignating clause (ii) as 
clause (iii); 
(v) by inserting after clause (i) the 
following: 
‘‘(ii) fails to provide notice to the ap-
propriate Federal agency pursuant to para-
graph (5), or’’; and 
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