[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3534 Placed on Calendar Senate (PCS)]
Calendar No. 510
111th CONGRESS
2d Session
H. R. 3534
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2010
Received; read the first time
August 4, 2010
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To provide greater efficiencies, transparency, returns, and
accountability in the administration of Federal mineral and energy
resources by consolidating administration of various Federal energy
minerals management and leasing programs into one entity to be known as
the Office of Federal Energy and Minerals Leasing of the Department of
the Interior, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Consolidated Land,
Energy, and Aquatic Resources Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES
Sec. 101. Bureau of Energy and Resource Management.
Sec. 102. Bureau of Safety and Environmental Enforcement.
Sec. 103. Office of Natural Resources Revenue.
Sec. 104. Ethics.
Sec. 105. References.
Sec. 106. Abolishment of Minerals Management Service.
Sec. 107. Conforming amendment.
Sec. 108. Outer Continental Shelf Safety and Environmental Advisory
Board.
Sec. 109. Limitation on effect on development of ocean renewable energy
resource facilities.
TITLE II--FEDERAL OIL AND GAS DEVELOPMENT
Subtitle A--Safety, Environmental, and Financial Reform of the Outer
Continental Shelf Lands Act
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. National policy for the Outer Continental Shelf.
Sec. 204. Jurisdiction of laws on the Outer Continental Shelf.
Sec. 205. Outer Continental Shelf leasing standard.
Sec. 206. Leases, easements, and rights-of-way.
Sec. 207. Disposition of revenues.
Sec. 208. Exploration plans.
Sec. 209. Outer Continental Shelf leasing program.
Sec. 210. Environmental studies.
Sec. 211. Safety regulations.
Sec. 212. Enforcement of safety and environmental regulations.
Sec. 213. Judicial review.
Sec. 214. Remedies and penalties.
Sec. 215. Uniform planning for Outer Continental Shelf.
Sec. 216. Oil and gas information program.
Sec. 217. Limitation on royalty-in-kind program.
Sec. 218. Restrictions on employment.
Sec. 219. Repeal of royalty relief provisions.
Sec. 220. Manning and buy- and build-American requirements.
Sec. 221. National Commission on the BP Deepwater Horizon Oil Spill and
Offshore Drilling.
Sec. 222. Coordination and consultation with affected State and local
governments.
Sec. 223. Implementation.
Sec. 224. Report on environmental baseline studies.
Sec. 225. Cumulative impacts on marine mammal species and stocks and
subsistence use.
Subtitle B--Royalty Relief for American Consumers
Sec. 231. Short title.
Sec. 232. Eligibility for new leases and the transfer of leases.
Sec. 233. Price thresholds for royalty suspension provisions.
Subtitle C--Limitation on Moratorium
Sec. 241. Limitation of moratorium on certain permitting and drilling
activities.
TITLE III--OIL AND GAS ROYALTY REFORM
Sec. 301. Amendments to definitions.
Sec. 302. Compliance reviews.
Sec. 303. Clarification of liability for royalty payments.
Sec. 304. Required recordkeeping.
Sec. 305. Fines and penalties.
Sec. 306. Interest on overpayments.
Sec. 307. Adjustments and refunds.
Sec. 308. Conforming amendment.
Sec. 309. Obligation period.
Sec. 310. Notice regarding tolling agreements and subpoenas.
Sec. 311. Appeals and final agency action.
Sec. 312. Assessments.
Sec. 313. Collection and production accountability.
Sec. 314. Natural gas reporting.
Sec. 315. Penalty for late or incorrect reporting of data.
Sec. 316. Required recordkeeping.
Sec. 317. Shared civil penalties.
Sec. 318. Applicability to other minerals.
Sec. 319. Entitlements.
Sec. 320. Limitation on royalty in-kind program.
Sec. 321. Application of royalty to oil that is saved, removed, sold,
or discharged under offshore oil and gas
leases.
TITLE IV--FULL FUNDING FOR THE LAND AND WATER CONSERVATION AND HISTORIC
PRESERVATION FUNDS
Subtitle A--Land and Water Conservation Fund
Sec. 401. Amendments to the Land and Water Conservation Fund Act of
1965.
Sec. 402. Extension of the Land and Water Conservation Fund.
Sec. 403. Permanent funding.
Subtitle B--National Historic Preservation Fund
Sec. 411. Permanent funding.
TITLE V--GULF OF MEXICO RESTORATION
Sec. 501. Gulf of Mexico restoration program.
Sec. 502. Gulf of Mexico long-term environmental monitoring and
research program.
Sec. 503. Gulf of Mexico emergency migratory species alternative
habitat program.
Sec. 504. Gulf of Mexico Restoration Account.
TITLE VI--COORDINATION AND PLANNING
Sec. 601. Regional coordination.
Sec. 602. Regional Coordination Councils.
Sec. 603. Regional strategic plans.
Sec. 604. Regulations and savings clause.
Sec. 605. Ocean Resources Conservation and Assistance Fund.
Sec. 606. Waiver.
TITLE VII--OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION
Sec. 701. Short title.
Sec. 702. Repeal of and adjustments to limitation on liability.
Sec. 703. Evidence of financial responsibility for offshore facilities.
Sec. 704. Damages to human health.
Sec. 705. Clarification of liability for discharges from mobile
offshore drilling units.
Sec. 706. Standard of review for damage assessment.
Sec. 707. Procedures for claims against Fund; Information on claims.
Sec. 708. Additional amendments and clarifications to Oil Pollution Act
of 1990.
Sec. 709. Americanization of offshore operations in the Exclusive
Economic Zone.
Sec. 710. Safety management systems for mobile offshore drilling units.
Sec. 711. Safety standards for mobile offshore drilling units.
Sec. 712. Operational control of mobile offshore drilling units.
Sec. 713. Single-hull tankers.
Sec. 714. Repeal of response plan waiver.
Sec. 715. National Contingency Plan.
Sec. 716. Tracking Database.
Sec. 717. Evaluation and approval of response plans; maximum penalties.
Sec. 718. Oil and hazardous substance cleanup technologies.
Sec. 719. Implementation of oil spill prevention and response
authorities.
Sec. 720. Impacts to Indian Tribes and public service damages.
Sec. 721. Federal enforcement actions.
Sec. 722. Time required before electing to proceed with judicial claim
or against the Fund.
Sec. 723. Authorized level of Coast Guard personnel.
Sec. 724. Clarification of memorandums of understanding.
Sec. 725. Build America requirement for offshore facilities.
Sec. 726. Oil spill response vessel database.
Sec. 727. Offshore sensing and monitoring systems.
Sec. 728. Oil and gas exploration and production.
Sec. 729. Leave retention authority.
Sec. 730. Authorization of appropriations.
Sec. 731. Extension of liability to persons having ownership interests
in responsible parties.
Sec. 732. Clarification of liability under Oil Pollution Act of 1990.
Sec. 733. Salvage activities.
Sec. 734. Requirement for redundancy in response plans.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Repeal of certain taxpayer subsidized royalty relief for the
oil and gas industry.
Sec. 802. Conservation fee.
Sec. 803. Leasing on Indian lands.
Sec. 804. Outer Continental Shelf State boundaries.
Sec. 805. Liability for damages to national wildlife refuges.
Sec. 806. Strengthening coastal State oil spill planning and response.
Sec. 807. Information sharing.
Sec. 808. Limitation on use of funds.
Sec. 809. Environmental review.
Sec. 810. Federal response to State proposals to protect State lands
and waters.
Sec. 811. Government Accountability Office evaluation.
Sec. 812. Study on relief wells.
TITLE IX--STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF
ROYALTIES
Sec. 901. Short title.
Sec. 902. Study of actions to improve the accuracy of collection of
Federal oil, condensate, and natural gas
royalties.
Sec. 903. Definitions.
TITLE X--OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTION
Sec. 1001. Short title.
Sec. 1002. Whistleblower protections; employee protection from other
retaliation.
Sec. 1003. Definitions.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Affected indian tribe.--The term ``affected Indian
tribe'' means an Indian tribe that has federally reserved
rights that are affirmed by treaty, statute, Executive order,
Federal court order, or other Federal law in the area at issue.
(2) Coastal state.--The term ``coastal State'' has the same
meaning given the term ``coastal state'' in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Department.--The term ``Department'' means the
Department of the Interior, except as the context indicates
otherwise.
(4) Function.--The term ``function'', with respect to a
function of an officer, employee, or agent of the Federal
Government, or of a Department, agency, office, or other
instrumentality of the Federal Government, includes
authorities, powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(5) Important ecological area.--The term ``important
ecological area'' means an area that contributes significantly
to local or larger marine ecosystem health or is an especially
unique or sensitive marine ecosystem.
(6) Indian land.--The term ``Indian land'' has the meaning
given the term in section 502(a) of title V of Public Law 109-
58 (25 U.S.C. 3501(2)).
(7) Indian tribe.--The term ``Indian tribe'' has the same
meaning given the term ``Indian tribe'' has in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
(8) Marine ecosystem health.--The term ``marine ecosystem
health'' means the ability of an ecosystem in ocean and coastal
waters to support and maintain patterns, important processes,
and productive, sustainable, and resilient communities of
organisms, having a species composition, diversity, and
functional organization resulting from the natural habitat of
the region, such that it is capable of supporting a variety of
activities and providing a complete range of ecological
benefits. Such an ecosystem would be characterized by a variety
of factors, including--
(A) a complete diversity of native species and
habitat wherein each native species is able to maintain
an abundance, population structure, and distribution
supporting its ecological and evolutionary functions,
patterns, and processes; and
(B) a physical, chemical, geological, and microbial
environment that is necessary to achieve such
diversity.
(9) Mineral.--The term ``mineral'' has the same meaning
that the term ``minerals'' has in section 2(q) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(q)).
(10) Nonrenewable energy resource.--The term ``nonrenewable
energy resource'' means oil and natural gas.
(11) Operator.--The term ``operator'' means--
(A) the lessee; or
(B) a person designated by the lessee as having
control or management of operations on the leased area
or a portion thereof, who is--
(i) approved by the Secretary, acting
through the Bureau of Energy and Resource
Management; or
(ii) the holder of operating rights under
an assignment of operating rights that is
approved by the Secretary, acting through the
Bureau of Energy and Resource Management.
(12) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the same meaning given the term ``outer Continental
Shelf'' has in the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.).
(13) Regional ocean partnership.--The term ``Regional Ocean
Partnership'' means voluntary, collaborative management
initiatives developed and entered into by the Governors of two
or more coastal States or created by an interstate compact for
the purpose of addressing more than one ocean, coastal, or
Great Lakes issue and to implement policies and activities
identified under special area management plans under the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or
other agreements developed and signed by the Governors.
(14) Renewable energy resource.--The term ``renewable
energy resource'' means each of the following:
(A) Wind energy.
(B) Solar energy.
(C) Geothermal energy.
(D) Landfill gas.
(E) Marine and hydrokinetic renewable energy, as
that term is defined in section 632 of the Energy
Independence and Security Act of 2007 (42 U.S.C.
17211).
(15) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Commerce.
(16) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, except as otherwise provided in this Act.
(17) Terms defined in other law.--Each of the terms
``Federal land'', ``lease'', and ``mineral leasing law'' has
the same meaning given the term under the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.), except
that such terms shall also apply to all minerals and renewable
energy resources in addition to oil and gas.
TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES
SEC. 101. BUREAU OF ENERGY AND RESOURCE MANAGEMENT.
(a) Establishment.--There is established in the Department of the
Interior a Bureau of Energy and Resource Management (referred to in
this section as the ``Bureau'') to be headed by a Director of Energy
and Resource Management (referred to in this section as the
``Director'').
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
President, by and with the advice and consent of the Senate, on
the basis of--
(A) professional background, demonstrated
competence, and ability; and
(B) capacity to--
(i) administer the provisions of this Act;
and
(ii) ensure that the fiduciary duties of
the United States Government on behalf of the
people of the United States, as they relate to
development of nonrenewable and renewable
energy and mineral resources, are duly met.
(2) Compensation.--The Director shall be compensated at the
rate provided for Level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--Except as provided in paragraph (4), the
Secretary shall carry out through the Bureau all functions,
powers, and duties vested in the Secretary relating to the
administration of a comprehensive program of nonrenewable and
renewable energy and mineral resources management--
(A) on the Outer Continental Shelf, pursuant to the
Outer Continental Shelf Lands Act as amended by this
Act (43 U.S.C. 1331 et seq.);
(B) on Federal public lands, pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.) and the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
(C) on acquired Federal lands, pursuant to the
Mineral Leasing Act for Acquired Lands (30 U.S.C. 351
et seq.) and the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.);
(D) in the National Petroleum Reserve in Alaska,
pursuant to the Naval Petroleum Reserves Production Act
of 1976 (42 U.S.C. 6501 et seq.);
(E) on any Federal land pursuant to any mineral
leasing law; and
(F) pursuant to this Act and all other applicable
Federal laws, including the administration and approval
of all instruments and agreements required to ensure
orderly, safe, and environmentally responsible
nonrenewable and renewable energy and mineral resources
development activities.
(2) Specific authorities.--The Director shall promulgate
and implement regulations for the proper issuance of leases for
the exploration, development, and production of nonrenewable
and renewable energy and mineral resources, and for the
issuance of permits under such leases, on the Outer Continental
Shelf and for nonrenewable and renewable energy and mineral
resources managed by the Bureau of Land Management on the date
of enactment of this Act, or any other Federal land management
agency, including regulations relating to resource
identification, access, evaluation, and utilization.
(3) Independent environmental science.--
(A) In general.--The Secretary shall create an
independent office within the Bureau that--
(i) shall report to the Director;
(ii) shall be programmatically separate and
distinct from the leasing and permitting
activities of the Bureau; and
(iii) shall--
(I) carry out the environmental
studies program under section 20 of the
Outer Continental Shelf Lands Act (43
U.S.C. 1346);
(II) conduct any environmental
analyses necessary for the programs
administered by the Bureau; and
(III) carry out other functions as
deemed necessary by the Secretary.
(B) Consultation.--Studies and analyses carried out
by the office created under subparagraph (A) shall be
conducted in appropriate and timely consultation with
other relevant Federal agencies, including--
(i) the Bureau of Safety and Environmental
Enforcement;
(ii) the United States Fish and Wildlife
Service;
(iii) the United States Geological Survey;
and
(iv) the National Oceanic and Atmospheric
Administration.
(4) Limitation.--The Secretary shall not carry out through
the Bureau any function, power, or duty that is--
(A) required by section 102 to be carried out
through Bureau of Safety and Environmental Enforcement;
or
(B) required by section 103 to be carried out
through the Office of Natural Resources Revenue.
(d) Comprehensive Data and Analyses on Outer Continental Shelf
Resources.--
(1) In general.--
(A) Programs.--The Director shall develop and carry
out programs for the collection, evaluation, assembly,
analysis, and dissemination of data and information
that is relevant to carrying out the duties of the
Bureau, including studies under section 20 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1346).
(B) Use of data and information.--The Director
shall, in carrying out functions pursuant to the Outer
Continental Lands Act (43 U.S.C. 1331 et seq.),
consider data and information referred to in
subparagraph (A) which shall inform the management
functions of the Bureau, and shall contribute to a
broader coordination of development activities within
the contexts of the best available science and marine
spatial planning.
(2) Interagency cooperation.--In carrying out programs
under this subsection, the Bureau shall--
(A) utilize the authorities of subsection (g) and
(h) of section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344);
(B) cooperate with appropriate offices in the
Department and in other Federal agencies;
(C) use existing inventories and mapping of marine
resources previously undertaken by the Minerals
Management Service, mapping undertaken by the United
States Geological Survey and the National Oceanographic
and Atmospheric Administration, and information
provided by the Department of Defense and other Federal
and State agencies possessing relevant data; and
(D) use any available data regarding renewable
energy potential, navigation uses, fisheries,
aquaculture uses, recreational uses, habitat,
conservation, and military uses of the Outer
Continental Shelf.
(e) Responsibilities of Land Management Agencies.--Nothing in this
section shall affect the authorities of the Bureau of Land Management
under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) or of the Forest Service under the National Forest
Management Act of 1976 (Public Law 94-588).
SEC. 102. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT.
(a) Establishment.--There is established in the Department a Bureau
of Safety and Environmental Enforcement (referred to in this section as
the ``Bureau'') to be headed by a Director of Safety and Environmental
Enforcement (referred to in this section as the ``Director'').
(b) Director.--
(1) Appointment.--The Director shall be appointed by the
President, by and with the advice and consent of the Senate, on
the basis of--
(A) professional background, demonstrated
competence, and ability; and
(B) capacity to administer the provisions of this
Act.
(2) Compensation.--The Director shall be compensated at the
rate provided for Level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary shall carry out through the
Bureau all functions, powers, and duties vested in the
Secretary relating to the administration of safety and
environmental enforcement activities related to nonrenewable
and renewable energy and mineral resources--
(A) on the Outer Continental Shelf pursuant to the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.);
(B) on Federal public lands, pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.) and the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
(C) on acquired Federal lands, pursuant to the
Mineral Leasing Act for Acquired Lands (30 U.S.C. 351
et seq.) and the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.);
(D) in the National Petroleum Reserve in Alaska,
pursuant to the Naval Petroleum Reserves Production Act
of 1976 (42 U.S.C. 6501 et seq.); and
(E) pursuant to--
(i) the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et
seq.);
(ii) the Energy Policy Act of 2005 (Public
Law 109-58);
(iii) the Federal Oil and Gas Royalty
Simplification and Fairness Act of 1996 (Public
Law 104-185);
(iv) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(v) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(vi) this Act; and
(vii) all other applicable Federal laws,
including the authority to develop, promulgate, and
enforce regulations to ensure the safe and
environmentally sound exploration, development, and
production of nonrenewable and renewable energy and
mineral resources on the Outer Continental Shelf and
onshore federally managed lands.
(d) Authorities.--In carrying out the duties under this section,
the Secretary's authorities shall include--
(1) performing necessary oversight activities to ensure the
proper application of environmental reviews, including those
conducted pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) by the Bureau of Energy and
Resource Management in the performance of its duties under the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
(2) suspending or prohibiting, on a temporary basis, any
operation or activity, including production--
(A) on leases held on the Outer Continental Shelf,
in accordance with section 5(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)); or
(B) on leases or rights-of-way held on Federal
lands under any other minerals or energy leasing
statute, in accordance with section 302(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(3) cancelling any lease, permit, or right-of-way--
(A) on the Outer Continental Shelf, in accordance
with section 5(a)(2) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1334(a)(2)); or
(B) on onshore Federal lands, in accordance with
section 302(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1732(c));
(4) compelling compliance with applicable worker safety and
environmental laws and regulations;
(5) requiring comprehensive safety and environmental
management programs for persons engaged in activities connected
with the exploration, development, and production of energy or
mineral resources;
(6) developing and implementing regulations for Federal
employees to carry out any inspection or investigation to
ascertain compliance with applicable regulations, including
health, safety, or environmental regulations;
(7) collecting, evaluating, assembling, analyzing, and
publicly disseminating electronically data and information that
is relevant to inspections, failures, or accidents involving
equipment and systems used for exploration and production of
energy and mineral resources, including human factors
associated therewith;
(8) implementing the Offshore Technology Research and Risk
Assessment Program under section 21 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1347);
(9) summoning witnesses and directing the production of
evidence;
(10) levying fines and penalties and disqualifying
operators; and
(11) carrying out any safety, response, and removal
preparedness functions.
(e) Employees.--
(1) In general.--The Secretary shall ensure that the
inspection force of the Bureau consists of qualified, trained
employees who meet qualification requirements and adhere to the
highest professional and ethical standards.
(2) Qualifications.--The qualification requirements
referred to in paragraph (1)--
(A) shall be determined by the Secretary, subject
to subparagraph (B); and
(B) shall include--
(i) three years of practical experience in
oil and gas exploration, development, or
production; or
(ii) a degree in an appropriate field of
engineering from an accredited institution of
higher learning.
(3) Assignment.--In assigning oil and gas inspectors to the
inspection and investigation of individual operations, the
Secretary shall give due consideration to the extent possible
to their previous experience in the particular type of oil and
gas operation in which such inspections are to be made.
(4) Training academy.--
(A) In general.--The Secretary shall establish and
maintain a National Oil and Gas Health and Safety
Academy (referred to in this paragraph as the
``Academy'') as an agency of the Department of the
Interior.
(B) Functions of academy.--The Secretary, through
the Academy, shall be responsible for--
(i) the initial and continued training of
both newly hired and experienced oil and gas
inspectors in all aspects of health, safety,
environmental, and operational inspections;
(ii) the training of technical support
personnel of the Bureau;
(iii) any other training programs for oil
and gas inspectors, Bureau personnel,
Department personnel, or other persons as the
Secretary shall designate; and
(iv) certification of the successful
completion of training programs for newly hired
and experienced oil and gas inspectors.
(C) Cooperative agreements.--
(i) In general.--In performing functions
under this paragraph, and subject to clause
(ii), the Secretary may enter into cooperative
educational and training agreements with
educational institutions, related Federal
academies, other Federal agencies, State
governments, labor organizations, safety
training firms, and oil and gas operators and
related industries.
(ii) Training requirement.--Such training
shall be conducted by the Academy in accordance
with curriculum needs and assignment of
instructional personnel established by the
Secretary.
(D) Use of departmental personnel.--In performing
functions under this subsection, the Secretary shall
use, to the extent practicable, the facilities and
personnel of the Department of the Interior. The
Secretary may appoint or assign to the Academy such
officers and employees as the Secretary considers
necessary for the performance of the duties and
functions of the Academy.
(5) Additional training programs.--
(A) In general.--The Secretary shall work with
appropriate educational institutions, operators, and
representatives of oil and gas workers to develop and
maintain adequate programs with educational
institutions and oil and gas operators, that are
designed--
(i) to enable persons to qualify for
positions in the administration of this Act;
and
(ii) to provide for the continuing
education of inspectors or other appropriate
Departmental personnel.
(B) Financial and technical assistance.--The
Secretary may provide financial and technical
assistance to educational institutions in carrying out
this paragraph.
(6) Role of oil or gas operators and related industries.--
The Secretary shall ensure that any cooperative agreement or
other collaboration with a representative of an oil or gas
operator or related industry in relation to a training program
established under paragraph (4) or paragraph (5) is limited to
consultation regarding curricula and does not extend to the
provision of instructional personnel.
SEC. 103. OFFICE OF NATURAL RESOURCES REVENUE.
(a) Establishment.--There is established in the Department an
Office of Natural Resources Revenue (referred to in this section as the
``Office'') to be headed by a Director of Natural Resources Revenue
(referred to in this section as the ``Director'').
(b) Appointment and Compensation.--
(1) In general.--The Director shall be appointed by the
President, by and with the advice and consent of the Senate, on
the basis of--
(A) professional competence; and
(B) capacity to--
(i) administer the provisions of this Act;
and
(ii) ensure that the fiduciary duties of
the United States Government on behalf of the
American people, as they relate to development
of nonrenewable and renewable energy and
mineral resources, are duly met.
(2) Compensation.--The Director shall be compensated at the
rate provided for Level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(c) Duties.--
(1) In general.--The Secretary shall carry out, through the
Office--
(A) all functions, powers, and duties vested in the
Secretary and relating to the administration of the
royalty and revenue management functions pursuant to--
(i) the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.);
(ii) the Mineral Leasing Act (30 U.S.C. 181
et seq.);
(iii) the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.);
(iv) the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.);
(v) the Naval Petroleum Reserves Production
Act of 1976 (42 U.S.C. 6501 et seq.);
(vi) the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et
seq.);
(vii) the Federal Oil and Gas Royalty
Simplification and Fairness Act of 1996 (Public
Law 104-185);
(viii) the Energy Policy Act of 2005
(Public Law 109-58);
(ix) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.);
(x) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(xi) this Act and all other applicable
Federal laws; and
(B) all functions, powers, and duties previously
assigned to the Minerals Management Service (including
the authority to develop, promulgate, and enforce
regulations) regarding--
(i) royalty and revenue collection;
(ii) royalty and revenue distribution;
(iii) auditing and compliance;
(iv) investigation and enforcement of
royalty and revenue regulations; and
(v) asset management for onshore and
offshore activities.
(d) Oversight.--In order to provide transparency and ensure strong
oversight over the revenue program, the Secretary shall--
(1) create within the Office an independent audit and
oversight program responsible for monitoring the performance of
the Office with respect to the duties and functions under
subsection (c), and conducting internal control audits of the
operations of the Office;
(2) facilitate the participation of those Indian tribes and
States operating pursuant to cooperative agreements or
delegations under the Federal Oil and Gas Royalty Management
Act of 1982 (30 U.S.C. 1701 et seq.) on all of the management
teams, committees, councils, and other entities created by the
Office; and
(3) assure prior consultation with those Indian tribes and
States referred to in paragraph (2) in the formulation all
policies, procedures, guidance, standards, and rules relating
to the functions referred to in subsection (c).
SEC. 104. ETHICS.
(a) Certification.--The Secretary shall certify annually that all
Department of the Interior officers and employees having regular,
direct contact with lessees and operators as a function of their
official duties are in full compliance with all Federal employee ethics
laws and regulations under the Ethics in Government Act of 1978 (5
U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and
all guidance issued under subsection (b).
(b) Guidance.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall issue supplementary ethics guidance
for the employees for which certification is required under subsection
(a). The Secretary shall update the supplementary ethics guidance not
less than once every 3 years thereafter.
SEC. 105. REFERENCES.
(a) Bureau of Energy and Resource Management.--Any reference in any
law, rule, regulation, directive, instruction, certificate, or other
official document, in force immediately before the enactment of this
Act--
(1) to the Minerals Management Service that pertains to any
of the duties and authorities referred to in section 101 is
deemed to refer and apply to the Bureau of Energy and Resource
Management established by section 101;
(2) to the Director of the Minerals Management Service that
pertains to any of the duties and authorities referred to in
section 101 is deemed to refer and apply to the Director of the
Bureau of Energy and Resource Management;
(3) to any other position in the Minerals Management
Service that pertains to any of the duties and authorities
referred to in section 101 is deemed to refer and apply to that
same or equivalent position in the Bureau of Energy and
Resource Management;
(4) to the Bureau of Land Management that pertains to any
of the duties and authorities referred to in section 101 is
deemed to refer and apply to the Bureau of Energy and Resource
Management;
(5) to the Director of the Bureau of Land Management that
pertains to any of the duties and authorities referred to in
section 101 is deemed to refer and apply to the Director of the
Bureau of Energy and Resource Management; and
(6) to any other position in the Bureau of Land Management
that pertains to any of the duties and authorities referred to
in section 101 is deemed to refer and apply to that same or
equivalent position in the Bureau of Energy and Resource
Management.
(b) Bureau of Safety and Environmental Enforcement.--Any reference
in any law, rule, regulation, directive, instruction, certificate, or
other official document in force immediately before the enactment of
this Act--
(1) to the Minerals Management Service that pertains to any
of the duties and authorities referred to in section 102 is
deemed to refer and apply to the Bureau of Safety and
Environmental Enforcement established by section 102;
(2) to the Director of the Minerals Management Service that
pertains to any of the duties and authorities referred to in
section 102 is deemed to refer and apply to the Director of the
Bureau of Safety and Environmental Enforcement;
(3) to any other position in the Minerals Management
Service that pertains to any of the duties and authorities
referred to in section 102 is deemed to refer and apply to that
same or equivalent position in the Bureau of Safety and
Environmental Enforcement;
(4) to the Bureau of Land Management that pertains to any
of the duties and authorities referred to in section 102 is
deemed to refer and apply to the Bureau of Safety and
Environmental Enforcement;
(5) to the Director of the Bureau of Land Management that
pertains to any of the duties and authorities referred to in
section 102 is deemed to refer and apply to the Director of the
Bureau of Safety and Environmental Enforcement; and
(6) to any other position in the Bureau of Land Management
that pertains to any of the duties and authorities referred to
in section 102 is deemed to refer and apply to that same or
equivalent position in the Bureau of Safety and Environmental
Enforcement.
(c) Office of Natural Resources Revenue.--Any reference in any law,
rule, regulation, directive, or instruction, or certificate or other
official document, in force immediately prior to enactment--
(1) to the Minerals Management Service that pertains to any
of the duties and authorities referred to in section 103 is
deemed to refer and apply to the Office of Natural Resources
Revenue established by section 103;
(2) to the Director of the Minerals Management Service that
pertains to any of the duties and authorities referred to in
section 103 is deemed to refer and apply to the Director of
Natural Resources Revenue; and
(3) to any other position in the Minerals Management
Service that pertains to any of the duties and authorities
referred to in section 103 is deemed to refer and apply to that
same or equivalent position in the Office of Natural Resources
Revenue.
SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.
(a) Abolishment.--The Minerals Management Service (in this section
referred to as the ``Service'') is abolished.
(b) Completed Administrative Actions.--
(1) In general.--Completed administrative actions of the
Service shall not be affected by the enactment of this Act, but
shall continue in effect according to their terms until
amended, modified, superseded, terminated, set aside, or
revoked in accordance with law by an officer of the United
States or a court of competent jurisdiction, or by operation of
law.
(2) Completed administrative action defined.--For purposes
of paragraph (1), the term ``completed administrative action''
includes orders, determinations, rules, regulations, personnel
actions, permits, agreements, grants, contracts, certificates,
licenses, registrations, and privileges.
(c) Pending Proceedings.--Subject to the authority of the Secretary
of the Interior and the officers of the Department of the Interior
under this Act--
(1) pending proceedings in the Service, including notices
of proposed rulemaking, and applications for licenses, permits,
certificates, grants, and financial assistance, shall continue,
notwithstanding the enactment of this Act or the vesting of
functions of the Service in another agency, unless discontinued
or modified under the same terms and conditions and to the same
extent that such discontinuance or modification could have
occurred if this Act had not been enacted; and
(2) orders issued in such proceedings, and appeals
therefrom, and payments made pursuant to such orders, shall
issue in the same manner and on the same terms as if this Act
had not been enacted, and any such orders shall continue in
effect until amended, modified, superseded, terminated, set
aside, or revoked by an officer of the United States or a court
of competent jurisdiction, or by operation of law.
(d) Pending Civil Actions.--Subject to the authority of the
Secretary of the Interior or any officer of the Department of the
Interior under this Act, pending civil actions shall continue
notwithstanding the enactment of this Act, and in such civil actions,
proceedings shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment had not occurred.
(e) References.--References relating to the Service in statutes,
Executive orders, rules, regulations, directives, or delegations of
authority that precede the effective date of this Act are deemed to
refer, as appropriate, to the Department, to its officers, employees,
or agents, or to its corresponding organizational units or functions.
Statutory reporting requirements that applied in relation to the
Service immediately before the effective date of this Act shall
continue to apply.
SEC. 107. CONFORMING AMENDMENT.
Section 5316 of title 5, United States Code, is amended by striking
``Director, Bureau of Mines, Department of the Interior.'' and
inserting the following new items:
``Director, Bureau of Energy and Resource Management,
Department of the Interior.
``Director, Bureau of Safety and Environmental Enforcement,
Department of the Interior.
``Director, Office of Natural Resources Revenue, Department
of the Interior.''.
SEC. 108. OUTER CONTINENTAL SHELF SAFETY AND ENVIRONMENTAL ADVISORY
BOARD.
(a) Establishment.--The Secretary shall establish, under the
Federal Advisory Committee Act, an Outer Continental Shelf Safety and
Environmental Advisory Board (referred to in this section as the
``Board''), to provide the Secretary and the Directors of the bureaus
established by this title with independent scientific and technical
advice on safe and environmentally compliant nonrenewable and renewable
energy and mineral resource exploration, development, and production
activities.
(b) Membership.--
(1) Size.--The Board shall consist of not more than 12
members, chosen to reflect a range of expertise in scientific,
engineering, management, environmental, and other disciplines
related to safe and environmentally compliant renewable and
nonrenewable energy and mineral resource exploration,
development, and production activities. The Secretary shall
consult with the National Academy of Sciences and the National
Academy of Engineering to identify potential candidates for the
Board.
(2) Term.--The Secretary shall appoint Board members to
staggered terms of not more than 4 years, and shall not appoint
a member for more than 2 consecutive terms.
(3) Balance.--In appointing members to the Board, the
Secretary shall ensure a balanced representation of industry-
and nonindustry-related interests.
(c) Chair.--The Secretary shall appoint the Chair for the Board.
(d) Meetings.--The Board shall meet not less than 3 times per year
and, at least once per year, shall host a public forum to review and
assess the overall safety and environmental performance of Outer
Continental Shelf nonrenewable and renewable energy and mineral
resource activities.
(e) Offshore Drilling Safety Assessments and Recommendations.--As
part of its duties under this section, the Board shall, by not later
than 180 days after the date of enactment of this section and every 5
years thereafter, submit to the Secretary a report that--
(1) assesses offshore oil and gas well control
technologies, practices, voluntary standards, and regulations
in the United States and elsewhere;
(2) assesses whether existing well control regulations
issued by the Secretary under the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) adequately protect safety and the
environment; and
(3) as appropriate, recommends modifications to the
regulations issued under this Act to ensure adequate protection
of safety and the environment.
(f) Reports.--Reports of the Board shall be submitted to the
Congress and made available to the public in electronically accessible
form.
(g) Travel Expenses.--Members of the Board, other than full-time
employees of the Federal Government, while attending meeting of the
Board or while otherwise serving at the request of the Secretary or the
Director while serving away from their homes or regular places of
business, may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for individuals in the Government serving without pay.
SEC. 109. LIMITATION ON EFFECT ON DEVELOPMENT OF OCEAN RENEWABLE ENERGY
RESOURCE FACILITIES.
Nothing in this title shall delay development of ocean renewable
energy resource facilities including--
(1) promotion of offshore wind development;
(2) planning, leasing, licensing, and fee and royalty
collection for such development of ocean renewable energy
resource facilities; and
(3) developing and administering an efficient leasing and
licensing process for ocean renewable energy resource
facilities.
TITLE II--FEDERAL OIL AND GAS DEVELOPMENT
Subtitle A--Safety, Environmental, and Financial Reform of the Outer
Continental Shelf Lands Act
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Outer Continental Shelf Lands
Act Amendments of 2010''.
SEC. 202. DEFINITIONS.
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)
is amended by adding at the end the following:
``(r) The term `safety case' means a body of evidence that provides
a basis for determining whether a system is adequately safe for a given
application in a given operating environment.''.
SEC. 203. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF.
Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1332)
is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) the outer Continental Shelf is a vital national
resource reserve held by the Federal Government for the public,
that should be managed in a manner that--
``(A) recognizes the need of the United States for
domestic sources of energy, food, minerals, and other
resources;
``(B) minimizes the potential impacts of
development of those resources on the marine and
coastal environment and on safety; and
``(C) acknowledges the long-term economic value to
the United States of the balanced and orderly
management of those resources that safeguards the
environment and respects the multiple values and uses
of the outer Continental Shelf;'';
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon;
(3) in paragraph (5), by striking ``should be'' and
inserting ``shall be'', and striking ``; and'' and inserting a
semicolon;
(4) by redesignating paragraph (6) as paragraph (7);
(5) by inserting after paragraph (5) the following:
``(6) exploration, development, and production of energy
and minerals on the outer Continental Shelf should be allowed
only when those activities can be accomplished in a manner that
minimizes--
``(A) harmful impacts to life (including fish and
other aquatic life) and health;
``(B) damage to the marine, coastal, and human
environments and to property; and
``(C) harm to other users of the waters, seabed, or
subsoil; and''; and
(6) in paragraph (7) (as so redesignated), by--
(A) striking ``should be'' and inserting ``shall
be'';
(B) inserting ``best available'' after ``using'';
and
(C) striking ``or minimize''.
SEC. 204. JURISDICTION OF LAWS ON THE OUTER CONTINENTAL SHELF.
Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C.
1333(a)(1)) is amended by--
(1) inserting ``or producing or supporting production of
energy from sources other than oil and gas'' after
``therefrom'';
(2) inserting ``or transmitting such energy'' after
``transporting such resources''; and
(3) inserting ``and other energy'' after ``That mineral''.
SEC. 205. OUTER CONTINENTAL SHELF LEASING STANDARD.
(a) In General.--Section 5 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1334) is amended--
(1) in subsection (a), by striking ``The Secretary may at
any time'' and inserting ``The Secretary shall'';
(2) in the second sentence of subsection (a), by adding
after ``provide for'' the following: ``operational safety, the
protection of the marine and coastal environment, and'';
(3) in subsection (a), by inserting ``and the Secretary of
Commerce with respect to matters that may affect the marine and
coastal environment'' after ``which may affect competition'';
(4) in clause (ii) of subsection (a)(2)(A), by striking ``a
reasonable period of time'' and inserting ``30 days'';
(5) in subsection (a)(7), by inserting ``in a manner that
minimizes harmful impacts to the marine and coastal
environment'' after ``lease area'';
(6) in subsection (a), by striking ``and'' after the
semicolon at the end of paragraph (7), redesignating paragraph
(8) as paragraph (13), and inserting after paragraph (7) the
following:
``(8) for independent third-party certification
requirements of safety systems related to well control, such as
blowout preventers;
``(9) for performance requirements for blowout preventers,
including quantitative risk assessment standards, subsea
testing, and secondary activation methods;
``(10) for independent third-party certification
requirements of well casing and cementing programs and
procedures;
``(11) for the establishment of mandatory safety and
environmental management systems by operators on the Outer
Continental Shelf;
``(12) for procedures and technologies to be used during
drilling operations to minimize the risk of ignition and
explosion of hydrocarbons;'';
(7) in subsection (a), by striking the period at the end of
paragraph (13), as so redesignated, and inserting ``; and'',
and by adding at the end the following:
``(14) ensuring compliance with other applicable
environmental and natural resource conservation laws.''; and
(8) by adding at the end the following new subsections:
``(k) Documents Incorporated by Reference.--Any documents
incorporated by reference in regulations promulgated by the Secretary
pursuant to this Act shall be made available to the public, free of
charge, on a website maintained by the Secretary.
``(l) Regulatory Standards for Blowout Preventers, Well Design, and
Cementing.--
``(1) In general.--In promulgating regulations under this
Act related to blowout preventers, well design, and cementing,
the Secretary shall ensure that such regulations include the
minimum standards included in paragraphs (2), (3), and (4),
unless, after notice and an opportunity for public comment, the
Secretary determines that a standard required under this
subsection would be less effective in ensuring safe operations
than an available alternative technology or practice. Such
regulations shall require independent third-party
certification, pursuant to paragraph (5), of blowout
preventers, well design, and cementing programs and procedures
prior to the commencement of drilling operations. Such
regulations shall also require re-certification by an
independent third-party certifier, pursuant to paragraph (5),
of a blowout preventer upon any material modification to the
blowout preventer or well design and of a well design upon any
material modification to the well design.
``(2) Blowout preventers.--Subject to paragraph (1),
regulations issued under this Act for blowout preventers shall
include at a minimum the following requirements:
``(A) Two sets of blind shear rams appropriately
spaced to prevent blowout preventer failure if a drill
pipe joint or drill tool is across one set of blind
shear rams during a situation that threatens loss of
well control.
``(B) Redundant emergency backup control systems
capable of activating the relevant components of a
blowout preventer, including when the communications
link or other critical links between the drilling rig
and the blowout preventer are destroyed or inoperable.
``(C) Regular testing of the emergency backup
control systems, including testing during deployment of
the blowout preventer.
``(D) As appropriate, remotely operated vehicle
intervention capabilities for secondary control of all
subsea blowout preventer functions, including adequate
hydraulic capacity to activate blind shear rams, casing
shear rams, and other critical blowout preventer
components.
``(3) Well design.--Subject to paragraph (1), regulations
issued under this Act for well design standards shall include
at a minimum the following requirements:
``(A) In connection with the installation of the
final casing string, the installation of at least two
independent, tested mechanical barriers, in addition to
a cement barrier, across each flow path between
hydrocarbon bearing formations and the blowout
preventer.
``(B) That wells shall be designed so that a
failure of one barrier does not significantly increase
the likelihood of another barrier's failure.
``(C) That the casing design is appropriate for the
purpose for which it is intended under reasonably
expected wellbore conditions.
``(D) The installation and verification with a
pressure test of a lockdown device at the time the
casing is installed in the wellhead.
``(4) Cementing.--Subject to paragraph (1), regulations
issued under this Act for cementing standards shall include at
a minimum the following requirements:
``(A) Adequate centralization of the casing to
ensure proper distribution of cement.
``(B) A full circulation of drilling fluids prior
to cementing.
``(C) The use of an adequate volume of cement to
prevent any unintended flow of hydrocarbons between any
hydrocarbon-bearing formation zone and the wellhead.
``(D) Cement bond logs for all cementing jobs
intended to provide a barrier to hydrocarbon flow.
``(E) Cement bond logs or such other integrity
tests as the Secretary may prescribe for cement jobs
other than those identified in subparagraph (D).
``(5) Independent third-party certifiers.--The Secretary
shall establish appropriate standards for the approval of
independent third-party certifiers capable of exercising
certification functions for blowout preventers, well design,
and cementing. For any certification required for regulations
related to blowout preventers, well design, or cementing, the
operator shall use a qualified independent third-party
certifier chosen by the Secretary. The costs of any
certification shall be borne by the operator.
``(6) Application to inshore waters; state
implementation.--
``(A) In general.--Requirements established under
this subsection shall apply, as provided in
subparagraph (B), to offshore drilling operations that
take place on lands that are landward of the outer
Continental Shelf and seaward of the line of mean high
tide, and that the Secretary determines, based on
criteria established by rule, could, in the event of a
blowout, lead to extensive and widespread harm to
safety or the environment.
``(B) Submission of state regulatory regime.--Any
State may submit to the Secretary a plan demonstrating
that the State's regulatory regime for wells identified
in subparagraph (A) establishes requirements for such
wells that are comparable to, or alternative
requirements providing an equal or greater level of
safety than, those established under this section for
wells on the outer Continental Shelf. The Secretary
shall promptly determine, after notice and an
opportunity for public comment, whether a State's
regulatory regime meets the standard set forth in the
preceding sentence. If the Secretary determines that a
State's regulatory regime does not meet such standard,
the Secretary shall identify the deficiencies that are
the basis for such determination and provide a
reasonable period of time for the State to remedy the
deficiencies. If the State does not do so within such
reasonable period of time, the Secretary shall apply
the requirements established under this section to
offshore drilling operations described in subparagraph
(A) that are located in such State, until such time as
the Secretary determines that the deficiencies have
been remedied.
``(m) Rulemaking Dockets.--
``(1) Establishment.--Not later than the date of proposal
of any regulation under this Act, the Secretary shall establish
a publicly available rulemaking docket for such regulation.
``(2) Documents to be included.--The Secretary shall
include in the docket--
``(A) all written comments and documentary
information on the proposed rule received from any
person in the comment period for the rulemaking,
promptly upon receipt by the Secretary;
``(B) the transcript of each public hearing, if
any, on the proposed rule, promptly upon receipt from
the person who transcribed such hearing; and
``(C) all documents that become available after the
proposed rule is published and that the Secretary
determines are of central relevance to the rulemaking,
by as soon as possible after their availability.
``(3) Proposed and draft final rule and associated
material.--The Secretary shall include in the docket--
``(A) each draft proposed rule submitted by the
Secretary to the Office of Management and Budget for
any interagency review process prior to proposal of
such rule, all documents accompanying such draft, all
written comments thereon by other agencies, and all
written responses to such written comments by the
Secretary, by no later than the date of proposal of the
rule; and
``(B) each draft final rule submitted by the
Secretary for such review process before issuance of
the final rule, all such written comments thereon, all
documents accompanying such draft, and all written
responses thereto, by no later than the date of
issuance of the final rule.''.
(b) Conforming Amendment.--Subsection (g) of section 25 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1351), as redesignated by
section 215(4) of this Act, is further amended by striking ``paragraph
(8) of section 5(a) of this Act'' each place it appears and inserting
``paragraph (13) of section 5(a) of this Act''.
SEC. 206. LEASES, EASEMENTS, AND RIGHTS-OF-WAY.
(a) Financial Assurance and Fiscal Responsibility.--Section 8 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by
adding at the end the following:
``(q) Review of Bond and Surety Amounts.--Not later than May 1,
2011, and every 5 years thereafter, the Secretary shall review the
minimum financial responsibility requirements for leases issued under
this section and shall ensure that any bonds or surety required are
adequate to comply with the requirements of this Act or the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.).
``(r) Periodic Fiscal Review and Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection and every 3 years thereafter, the
Secretary shall carry out a review and prepare a report setting
forth--
``(A)(i) the royalty and rental rates included in
new offshore oil and gas leases; and
``(ii) the rationale for the rates;
``(B) whether, in the view of the Secretary, the
royalty and rental rates described in subparagraph (A)
will yield a fair return to the public while promoting
the production of oil and gas resources in a timely
manner;
``(C)(i) the minimum bond or surety amounts
required pursuant to offshore oil and gas leases; and
``(ii) the rationale for the minimum amounts;
``(D) whether the bond or surety amounts described
in subparagraph (C) are adequate to comply with
subsection (q); and
``(E) whether the Secretary intends to modify the
royalty or rental rates, or bond or surety amounts,
based on the review.
``(2) Public participation.--In carrying out a review and
preparing a report under paragraph (1), the Secretary shall
provide to the public an opportunity to participate.
``(3) Report deadline.--Not later than 30 days after the
date on which the Secretary completes a report under paragraph
(1), the Secretary shall transmit copies of the report to--
``(A) the Committee on Energy and Natural Resources
of the Senate; and
``(B) the Committee on Natural Resources of the
House of Representatives.
``(s) Comparative Review of Fiscal System.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection and every 5 years thereafter, the
Secretary shall carry out a comprehensive review of all
components of the Federal offshore oil and gas fiscal system,
including requirements for--
``(A) bonus bids;
``(B) rental rates; and
``(C) royalties.
``(2) Requirements.--
``(A) Contents; scope.--A review under paragraph
(1) shall include--
``(i) the information and analyses
necessary to compare the offshore bonus bids,
rents, and royalties of the Federal Government
to the offshore bonus bids, rents, and
royalties of other resource owners, including
States and foreign countries; and
``(ii) an assessment of the overall
offshore oil and gas fiscal system in the
United States, as compared to foreign
countries.
``(B) Independent advisory committee.--In carrying
out a review under paragraph (1), the Secretary shall
convene and seek the advice of an independent advisory
committee comprised of oil and gas and fiscal experts
from States, Indian tribes, academia, the energy
industry, and appropriate nongovernmental
organizations.
``(3) Report.--
``(A) In general.--The Secretary shall prepare a
report that contains--
``(i) the contents and results of the
review carried out under paragraph (1) for the
period covered by the report; and
``(ii) any recommendations of the Secretary
based on the contents and results of the
review.
``(B) Report deadline.--Not later than 30 days
after the date on which the Secretary completes a
report under paragraph (1), the Secretary shall
transmit copies of the report to the Committee on
Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the
Senate.''.
(b) Environmental Diligence.--Section 8 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337) is amended by striking subsection (d)
and inserting the following:
``(d) Requirement for Certification of Responsible Stewardship.--
``(1) Certification requirement.--No bid or request for a
lease, easement, or right-of-way under this section, or for a
permit to drill under section 11(d), may be submitted by any
person unless the person certifies to the Secretary that the
person (including any related person and any predecessor of
such person or related person) meets each of the following
requirements:
``(A) The person is meeting due diligence, safety,
and environmental requirements on other leases,
easements, and rights-of-way.
``(B) In the case of a person that is a responsible
party for a vessel or a facility from which oil is
discharged, for purposes of section 1002 of the Oil
Pollution Act of 1990 (33 U.S.C. 2702), the person has
met all of its obligations under that Act to provide
compensation for covered removal costs and damages.
``(C) In the 7-year period ending on the date of
certification, the person, in connection with
activities in the oil industry (including exploration,
development, production, transportation by pipeline,
and refining)--
``(i) was not found to have committed
willful or repeated violations under the
Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) (including State plans
approved under section 18(c) of such Act (29
U.S.C. 667(c))) at a rate that is higher than
five times the rate determined by the Secretary
to be the oil industry average for such
violations for such period;
``(ii) was not convicted of a criminal
violation for death or serious bodily injury;
``(iii) did not have more than 10
fatalities at its exploration, development, and
production facilities and refineries as a
result of violations of Federal or State
health, safety, or environmental laws;
``(iv) was not assessed, did not enter into
an agreement to pay, and was not otherwise
required to pay, civil penalties and criminal
fines for violations the person was found to
have committed under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.)
(including State programs approved under
sections 402 and 404 of such Act (33 U.S.C.
1342 and 1344)) in a total amount that is equal
to more than $10,000,000; and
``(v) was not assessed, did not enter into
an agreement to pay, and was not otherwise
required to pay, civil penalties and criminal
fines for violations the person was found to
have committed under the Clean Air Act (42
U.S.C. 7401 et seq.) (including State plans
approved under section 110 of such Act (42
U.S.C. 7410)) in a total amount that is equal
to more than $10,000,000.
``(2) Enforcement.--If the Secretary determines that a
certification made under paragraph (1) is false, the Secretary
shall cancel any lease, easement, or right of way and shall
revoke any permit with respect to which the certification was
required under such paragraph.
``(3) Definition of related person.--For purposes of this
subsection, the term `related person' includes a parent,
subsidiary, affiliate, member of the same controlled group,
contractor, subcontractor, a person holding a controlling
interest or in which a controlling interest is held, and a
person with substantially the same board members, senior
officers, or investors.''.
(c) Alternative Energy Development.--
(1) Clarification relating to alternative energy
development.--Section 8(p) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(p)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or'' after ``1501 et
seq.),'', and by striking ``or other applicable
law,''; and
(ii) by amending subparagraph (D) to read
as follows:
``(D) use, for energy-related purposes, facilities
currently or previously used for activities authorized
under this Act, except that any oil and gas energy-
related uses shall not be authorized in areas in which
oil and gas preleasing, leasing, and related activities
are prohibited by a moratorium.''; and
(B) in paragraph (4)--
(i) in subparagraph (E), by striking
``coordination'' and inserting ``in
consultation''; and
(ii) in subparagraph (J)(ii), by inserting
``a potential site for an alternative energy
facility,'' after ``deepwater port,''.
(2) Noncompetitive alternative energy lease options.--
Section 8(p)(3) of such Act (43 U.S.C. 1337(p)(3)) is amended
to read as follows:
``(3) Competitive or noncompetitive basis.--Any lease,
easement, right-of-way, or other authorization granted under
paragraph (1) shall be issued on a competitive basis, unless--
``(A) the lease, easement, right-of-way, or other
authorization relates to a project that meets the
criteria established under section 388(d) of the Energy
Policy Act of 2005 (43 U.S.C. 1337 note; Public Law
109-58);
``(B) the lease, easement, right-of-way, or other
authorization--
``(i) is for the placement and operation of
a meteorological or marine data collection
facility; and
``(ii) has a term of not more than 5 years;
or
``(C) the Secretary determines, after providing
public notice of a proposed lease, easement, right-of-
way, or other authorization, that no competitive
interest exists.''.
(d) Review of Impacts of Lease Sales on the Marine and Coastal
Environment by Secretary.--Section 8 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337) is amended by adding at the end of
subsection (a) the following:
``(9) At least 60 days prior to any lease sale, the
Secretary shall request a review by the Secretary of Commerce
of the proposed sale with respect to impacts on the marine and
coastal environment. The Secretary of Commerce shall complete
and submit in writing the results of that review within 60 days
after receipt of the Secretary of the Interior's request. If
the Secretary of Commerce makes specific recommendations
related to a proposed lease sale to reduce impacts on the
marine and coastal environment, and the Secretary rejects or
modifies such recommendations, the Secretary shall provide in
writing justification for rejecting or modifying such
recommendations.''.
(e) Limitation on Lease Tract Size.--Section 8(b)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(b)(1)) is amended by
striking ``, unless the Secretary finds that a larger area is necessary
to comprise a reasonable economic production unit''.
(f) Sulphur Leases.--Section 8(i) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(i)) is amended by striking ``meet the urgent
need'' and inserting ``allow''.
(g) Terms and Provisions.--Section 8(b) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(b)) is amended by striking ``An oil and
gas lease issued pursuant to this section shall'' and inserting ``An
oil and gas lease may be issued pursuant to this section only if the
Secretary determines that activities under the lease are not likely to
result in any condition described in section 5(a)(2)(A)(i), and
shall''.
SEC. 207. DISPOSITION OF REVENUES.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended to read as follows:
``SEC. 9. DISPOSITION OF REVENUES.
``(a) General.--Except as provided in subsections (b), (c), and
(d), all rentals, royalties, and other sums paid to the Secretary or
the Secretary of the Navy under any lease on the outer Continental
Shelf for the period from June 5, 1950, to date, and thereafter shall
be deposited in the Treasury of the United States and credited to
miscellaneous receipts.
``(b) Land and Water Conservation Fund.--Effective for fiscal year
2011 and each fiscal year thereafter, $900,000,000 of the amounts
referred to in subsection (a) shall be deposited in the Treasury of the
United States and credited to the Land and Water Conservation Fund.
These sums shall be available to the Secretary, without further
appropriation or fiscal year limitation, for carrying out the purposes
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4
et seq.).
``(c) Historic Preservation Fund.--Effective for fiscal year 2011
and each fiscal year thereafter, $150,000,000 of the amounts referred
to in subsection (a) shall be deposited in the Treasury of the United
States and credited to the Historic Preservation Fund. These sums shall
be available to the Secretary, without further appropriation or fiscal
year limitation, for carrying out the purposes of the National Historic
Preservation Fund Act of 1966 (16 U.S.C. 470 et seq.).
``(d) Ocean Resources Conservation and Assistance Fund.--Effective
for each fiscal year 2011 and thereafter, 10 percent of the amounts
referred to in subsection (a) shall be deposited in the Treasury of the
United States and credited to the Ocean Resources Conservation and
Assistance Fund established by the Consolidated Land, Energy, and
Aquatic Resources Act of 2010. These sums shall be available to the
Secretary, subject to appropriation, for carrying out the purposes of
section 605 of the Consolidated Land, Energy, and Aquatic Resources Act
of 2010.
``(e) Savings Provision.--Nothing in this section shall decrease
the amount any State shall receive pursuant to section 8(g) of this Act
or section 105 of the Gulf of Mexico Energy Security Act (43 U.S.C.
1331 note).''.
SEC. 208. EXPLORATION PLANS.
(a) Limitation on Harm From Agency Exploration.--Section 11(a)(1)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(a)(1)) is
amended by striking ``, which do not interfere with or endanger actual
operations under any lease maintained or granted pursuant to this Act,
and which are not unduly harmful to aquatic life in such area'' and
inserting ``if a permit authorizing such activity is issued by the
Secretary under subsection (g)''.
(b) Exploration Plan Review.--Section 11(c) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1340(c)), is amended--
(1) by inserting ``(A)'' before the first sentence;
(2) in paragraph (1)(A), as designated by the amendment
made by paragraph (1) of this subsection--
(A) by striking ``and the provisions of such
lease'' and inserting ``the provisions of such lease,
and other applicable environmental and natural resource
conservation laws''; and
(B) by striking the fourth sentence and inserting
the following:
``(B) The Secretary shall approve such plan, as
submitted or modified, within 90 days after its
submission and it is made publicly accessible by the
Secretary, or within such additional time as the
Secretary determines is necessary to complete any
environmental, safety, or other reviews, if the
Secretary determines that--
``(i) any proposed activity under such plan
is not likely to result in any condition
described in section 5(a)(2)(A)(i);
``(ii) the plan complies with other
applicable environmental or natural resource
conservation laws;
``(iii) in the case of geophysical surveys,
the applicant will use the best available
technologies and methods to minimize impacts on
marine life; and
``(iv) the applicant has demonstrated the
capability and technology to respond
immediately and effectively to a worst-case oil
spill in real-world conditions in the area of
the proposed activity.''; and
(3) by adding at the end the following:
``(5) If the Secretary requires greater than 90 days to
review an exploration plan submitted pursuant to any oil and
gas lease issued or maintained under this Act, then the
Secretary may provide for a suspension of that lease pursuant
to section 5 until the review of the exploration plan is
completed.''.
(c) Requirements.--Section 11(c) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1340(c), is amended by amending paragraph (3) to
read as follows:
``(3) An exploration plan submitted under this subsection
shall include, in the degree of detail that the Secretary may
by regulation require--
``(A) a schedule of anticipated exploration
activities to be undertaken;
``(B) a detailed and accurate description of
equipment to be used for such activities, including--
``(i) a description of each drilling unit;
``(ii) a statement of the design and
condition of major safety-related pieces of
equipment, including independent third party
certification of such equipment; and
``(iii) a description of any new technology
to be used;
``(C) a map showing the location of each well to be
drilled;
``(D) a scenario for the potential blowout of the
well involving the highest potential volume of liquid
hydrocarbons, along with a complete description of a
response plan to both control the blowout and manage
the accompanying discharge of hydrocarbons, including
the likelihood for surface intervention to stop the
blowout, the availability of a rig to drill a relief
well, an estimate of the time it would take to drill a
relief well, a description of other technology that may
be used to regain control of the well or capture
escaping hydrocarbons and the potential timeline for
using that technology for its intended purpose, and the
strategy, organization, and resources necessary to
avoid harm to the environment from hydrocarbons;
``(E) an analysis of the potential impacts of the
worst-case-scenario discharge of hydrocarbons on the
marine, coastal, and human environments for activities
conducted pursuant to the proposed exploration plan;
and
``(F) such other information deemed pertinent by
the Secretary.''.
(d) Drilling Permits.--Section 11(d) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1340(d)) is amended by to read as follows:
``(d) Drilling Permits.--
``(1) In general.--The Secretary shall, by regulation,
require that any lessee operating under an approved exploration
plan obtain a permit prior to drilling any well in accordance
with such plan, and prior to any significant modification of
the well design as originally approved by the Secretary.
``(2) Engineering review required.--The Secretary may not
grant any drilling permit or modification of the permit prior
to completion of a full engineering review of the well system,
including a determination that critical safety systems,
including blowout prevention, will utilize best available
technology and that blowout prevention systems will include
redundancy and remote triggering capability.
``(3) Operator safety and environmental management
required.--The Secretary shall not grant any drilling permit or
modification of the permit prior to completion of a safety and
environmental management plan to be utilized by the operator
during all well operations.''.
(e) Exploration Permit Requirements.--Section 11(g) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1340(g)) is amended by--
(1) striking ``shall be issued'' and inserting ``may be
issued'';
(2) inserting ``and after consultation with the Secretary
of Commerce,'' after ``in accordance with regulations issued by
the Secretary'';
(3) striking the ``and'' at the end of paragraph (2);
(4) in paragraph (3) striking ``will not be unduly harmful
to'' and inserting ``is not likely to harm'';
(5) striking the period at the end of paragraph (3) and
inserting a semicolon; and
(6) adding at the end the following:
``(4) the exploration will be conducted in accordance with
other applicable environmental and natural resource
conservation laws;
``(5) in the case of geophysical surveys, the applicant
will use the best available technologies and methods to
minimize impacts on marine life; and
``(6) in the case of drilling operations, the applicant has
available oil spill response and clean-up equipment and
technology that has been demonstrated to be capable of
effectively remediating a worst-case release of oil.''.
(f) Environmental Review of Plans; Deepwater Plan; Plan
Disapproval.--Section 11 of the Outer Continental Shelf Lands Act (43
U.S.C. 1340) is amended by adding at the end the following:
``(i) Environmental Review of Plans.--The Secretary shall treat the
approval of an exploration plan, or a significant revision of such a
plan, as an agency action requiring preparation of an environmental
assessment or environmental impact statement in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
shall require that such plan--
``(1) be based on the best available technology to ensure
safety in carrying out both the drilling of the well and any
oil spill response; and
``(2) contain a technical systems analysis of the safety of
the proposed activity, the blowout prevention technology, and
the blowout and spill response plans.
``(j) Disapproval of Plan.--
``(1) In general.--The Secretary shall disapprove the plan
if the Secretary determines, because of exceptional geological
conditions in the lease areas, exceptional resource values in
the marine or coastal environment, or other exceptional
circumstances, that--
``(A) implementation of the plan would probably
cause serious harm or damage to life (including fish
and other aquatic life), to property, to any mineral
deposits (in areas leased or not leased), to the
national security or defense, or to the marine,
coastal, or human environments;
``(B) the threat of harm or damage will not
disappear or decrease to an acceptable extent within a
reasonable period of time; and
``(C) the advantages of disapproving the plan
outweigh the advantages of exploration.
``(2) Cancellation of lease for disapproval of plan.--If a
plan is disapproved under this subsection, the Secretary may
cancel such lease in accordance with subsection (c)(1) of this
section.''.
SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(1) in subsection (a) in the second sentence by striking
``meet national energy needs'' and inserting ``balance national
energy needs and the protection of the marine and coastal
environment and all the resources in that environment,'';
(2) in subsection (a)(1), by striking ``considers'' and
inserting ``gives equal consideration to'';
(3) in subsection (a)(2)(A)--
(A) by striking ``existing'' and inserting ``the
best available scientific''; and
(B) by inserting ``, including at least three
consecutive years of data'' after ``information'';
(4) in subsection (a)(2)(D), by inserting ``potential and
existing sites of renewable energy installations,'' after
``deepwater ports,'';
(5) in subsection (a)(2)(H), by inserting ``including the
availability of infrastructure to support oil spill response''
before the period;
(6) in subsection (a)(3), by--
(A) striking ``to the maximum extent
practicable,'';
(B) striking ``obtain a proper balance between''
and inserting ``minimize''; and
(C) striking ``damage,'' and all that follows
through the period and inserting ``damage and adverse
impacts on the marine, coastal, and human environments,
and enhancing the potential for the discovery of oil
and gas.'';
(7) in subsection (b)(1), by inserting ``environmental,
marine, and energy'' after ``obtain'';
(8) in subsection (b)(2), by inserting ``environmental,
marine, and'' after ``interpret the'';
(9) in subsection (b)(3), by striking ``and'' after the
semicolon at the end;
(10) by striking the period at the end of subsection (b)(4)
and inserting a semicolon;
(11) by adding at the end of subsection (b) the following:
``(5) provide technical review and oversight of exploration
plans and a systems review of the safety of well designs and
other operational decisions;
``(6) conduct regular and thorough safety reviews and
inspections; and
``(7) enforce all applicable laws and regulations.'';
(12) in the first sentence of subsection (c)(1), by
inserting ``the National Oceanic and Atmospheric Administration
and'' after ``including'';
(13) in subsection (c)(2)--
(A) by inserting after the first sentence the
following: ``The Secretary shall also submit a copy of
such proposed program to the head of each Federal
agency referred to in, or that otherwise provided
suggestions under, paragraph (1).'';
(B) in the third sentence, by inserting ``or head
of a Federal agency'' after ``such Governor''; and
(C) in the fourth sentence, by inserting ``or
between the Secretary and the head of a Federal
agency,'' after ``affected State,'';
(14) by redesignating subsection (c)(3) as subsection
(c)(4) and by inserting before subsection (c)(4) (as so
redesignated) the following:
``(3) At least 60 days prior to the publication of a proposed
leasing program under this section, the Secretary shall request a
review by the Secretary of Commerce of the proposed leasing program
with respect to impacts on the marine and coastal environments. If the
Secretary rejects or modifies any of the recommendations made by the
Secretary of Commerce concerning the location, timing, or conduct of
leasing activities under the proposed leasing program, the Secretary
shall provide in writing justification for rejecting or modifying such
recommendations.''.
(15) in the second sentence of subsection (d)(2), by
inserting ``, the head of a Federal agency,'' after ``Attorney
General'';
(16) in subsection (g), by inserting after the first
sentence the following: ``Such information may include existing
inventories and mapping of marine resources previously
undertaken by the Department of the Interior and the National
Oceanic and Atmospheric Administration, information provided by
the Department of Defense, and other available data regarding
energy or mineral resource potential, navigation uses,
fisheries, aquaculture uses, recreational uses, habitat,
conservation, and military uses on the outer Continental
Shelf.''; and
(17) by adding at the end the following new subsection:
``(i) Research and Development.--The Secretary shall carry out a
program of research and development to ensure the continued improvement
of methodologies for characterizing resources of the outer Continental
Shelf and conditions that may affect the ability to develop and use
those resources in a safe, sound, and environmentally responsible
manner. Such research and development activities may include activities
to provide accurate estimates of energy and mineral reserves and
potential on the Outer Continental Shelf and any activities that may
assist in filling gaps in environmental data needed to develop each
leasing program under this section.''.
SEC. 210. ENVIRONMENTAL STUDIES.
(a) Information Needed for Assessment and Management of
Environmental Impacts.--Section 20 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1346) is amended by striking so much as precedes ``of
any area'' in subsection (a)(1) and inserting the following:
``SEC. 20. ENVIRONMENTAL STUDIES.
``(a)(1) The Secretary, in cooperation with the Secretary of
Commerce, shall conduct a study no less than once every three years''.
(b) Impacts of Deep Water Spills.--Section 20 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1346) is amended by--
(1) redesignating subsections (c) through (f) as (d)
through (g); and
(2) inserting after subsection (b) the following new
subsection:
``(c) The Secretary shall conduct research to identify and reduce
data gaps related to impacts of deepwater hydrocarbon spills,
including--
``(1) effects to benthic substrate communities and species;
``(2) water column habitats and species;
``(3) surface and coastal impacts from spills originating
in deep waters; and
``(4) the use of dispersants.''.
SEC. 211. SAFETY REGULATIONS.
Section 21 of the Outer Continental Shelf Lands Act (43 U.S.C.
1347) is amended--
(1) in subsection (a), by striking ``Upon the date of
enactment of this section,'' and inserting ``Within 6 months
after the date of enactment of the Outer Continental Shelf
Lands Act Amendments of 2010 and every three years
thereafter,'';
(2) in subsection (b) by--
(A) striking ``for the artificial islands,
installations, and other devices referred to in section
4(a)(1) of'' and inserting ``under'';
(B) striking ``which the Secretary determines to be
economically feasible''; and
(C) adding at the end ``Not later than 6 months
after the date of enactment of the Outer Continental
Shelf Lands Act Amendments of 2010 and every 3 years
thereafter, the Secretary shall, in consultation with
the Outer Continental Shelf Safety and Environmental
Advisory Board established under title I of the
Consolidated Land, Energy, and Aquatic Resources Act of
2010, identify and publish an updated list of (1) the
best available technologies for key areas of well
design and operation, including blowout prevention and
blowout and oil spill response and (2) technology needs
for which the Secretary intends to identify best
available technologies in the future.''; and
(3) by adding at the end the following:
``(g) Safety Case.--Not later than 6 months after the date of
enactment of the Outer Continental Shelf Lands Act Amendments of 2010,
the Secretary shall promulgate regulations requiring a safety case be
submitted along with each new application for a permit to drill on the
outer Continental Shelf. Not later than 5 years after the date final
regulations promulgated under this subsection go into effect, and not
less than every 5 years thereafter, the Secretary shall enter into an
arrangement with the National Academy of Engineering to conduct a study
to assess the effectiveness of these regulations and to recommend
improvements in their administration.
``(h) Offshore Technology Research and Risk Assessment Program.--
``(1) In general.--The Secretary shall carry out a program
of research, development, and risk assessment to address
technology and development issues associated with exploration
for, and development and production of, energy and mineral
resources on the outer Continental Shelf, with the primary
purpose of informing its role relating to safety, environmental
protection, and spill response.
``(2) Specific focus areas.--The program under this
subsection shall include research and development related to--
``(A) risk assessment, using all available data
from safety and compliance records both within the
United States and internationally;
``(B) analysis of industry trends in technology,
investment, and frontier areas;
``(C) reviews of best available technologies,
including those associated with pipelines, blowout
preventer mechanisms, casing, well design, and other
associated infrastructure related to offshore energy
development;
``(D) oil spill response and mitigation, including
reviews of the best available technology for oil spill
response and mitigation and the availability and
accessibility of such technology in each region where
leasing is taking place;
``(E) risk associated with human factors;
``(F) technologies and methods to reduce the impact
of geophysical exploration activities on marine life;
and
``(G) renewable energy operations.''.
SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL REGULATIONS.
(a) In General.--Section 22 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1348) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Inspections.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall individually, or
jointly if they so agree, promulgate regulations to provide for--
``(1) scheduled onsite inspection, at least once a year, of
each facility on the outer Continental Shelf which is subject
to any environmental or safety regulation promulgated pursuant
to this Act, which inspection shall include all safety
equipment designed to prevent or ameliorate blowouts, fires,
spillages, or other major accidents;
``(2) scheduled onsite inspection, at least once a month,
of each facility on the outer Continental Shelf engaged in
drilling operations and which is subject to any environmental
or safety regulation promulgated pursuant to this Act, which
inspection shall include validation of the safety case required
for the facility under section 21(g) and identifications of
deviations from the safety case, and shall include all safety
equipment designed to prevent or ameliorate blowouts, fires,
spillages, or other major accidents;
``(3) periodic onsite inspection without advance notice to
the operator of such facility to assure compliance with such
environmental or safety regulations; and
``(4) periodic audits of each required safety and
environmental management plan, and any associated safety case,
both with respect to their implementation at each facility on
the outer Continental Shelf for which such a plan or safety
case is required and with respect to onshore management support
for activities at such a facility.'';
(2) in subsection (d)(1)--
(A) by striking ``each major fire and each major
oil spillage'' and inserting ``each major fire, each
major oil spillage, each loss of well control, and any
other accident that presented a serious risk to human
or environmental safety''; and
(B) by inserting before the period at the end the
following: ``, as a condition of the lease or permit'';
(3) in subsection (d)(2), by inserting before the period at
the end the following: ``as a condition of the lease or
permit'';
(4) in subsection (e), by adding at the end the following:
``Any such allegation from any employee of the lessee or any
subcontractor of the lessee shall be investigated by the
Secretary.'';
(5) in subsection (b)(1), by striking ``recognized'' and
inserting ``uncontrolled''; and
(6) by adding at the end the following:
``(g) Information on Causes and Corrective Actions.--For any
incident investigated under this section, the Secretary shall promptly
make available to all lessees and the public technical information
about the causes and corrective actions taken. All data and reports
related to any such incident shall be maintained in a data base
available to the public.
``(h) Operator's Annual Certification.--
``(1) The Secretary, in cooperation with the Secretary of
the department in which the Coast Guard is operating, shall
require all operators of all new and existing drilling and
production operations to annually certify that their operations
are being conducted in accordance with applicable law and
regulations.
``(2) Each certification shall include, but, not be limited
to, statements that verify the operator has--
``(A) examined all well control system equipment
(both surface and subsea) being used to ensure that it
has been properly maintained and is capable of shutting
in the well during emergency operations;
``(B) examined and conducted tests to ensure that
the emergency equipment has been function-tested and is
capable of addressing emergency situations;
``(C) reviewed all rig drilling, casing, cementing,
well abandonment (temporary and permanent), completion,
and workover practices to ensure that well control is
not compromised at any point while emergency equipment
is installed on the wellhead;
``(D) reviewed all emergency shutdown and dynamic
positioning procedures that interface with emergency
well control operations;
``(E) taken the necessary steps to ensure that all
personnel involved in well operations are properly
trained and capable of performing their tasks under
both normal drilling and emergency well control
operations; and
``(F) updated the operator's response plan required
under section 25(c)(7) and exploration plans required
under section 11(c)(3) to reflect the best available
technology, including the availability of such
technology.
``(i) CEO Statement.--
``(1) In general.--The Secretary shall not approve any
application for a permit to drill a well under this Act unless
such application is accompanied by a statement in which the
chief executive officer of the applicant attests, in writing,
that--
``(A) the applicant is in compliance with all
applicable environmental and natural resource
conservation laws;
``(B) the applicant has the capability and
technology to respond immediately and effectively to a
worst-case oil spill in real-world conditions in the
area of the proposed activity under the permit;
``(C) the applicant has an oil spill response plan
that ensures that the applicant has the capacity to
promptly control and stop a blowout in the event that
well control measures fail;
``(D) the blowout preventer to be used during the
drilling of the well has redundant systems to prevent
or stop a blowout for all foreseeable blowout scenarios
and failure modes;
``(E) the well design is safe; and
``(F) the applicant has the capability to
expeditiously begin and complete a relief well if
necessary in the event of a blowout.
``(2) Civil penalty.--Any chief executive officer who makes
a false certification under paragraph (1) shall be liable for a
civil penalty under section 24.
``(j) Third Party Certification.--All operators that modify or
upgrade any emergency equipment placed on any operation to prevent
blow-outs or other well control events, shall have an independent third
party conduct a detailed physical inspection and design review of such
equipment within 30 days of its installation. The independent third
party shall certify that the equipment will operate as originally
designed and any modifications or upgrades conducted after delivery
have not compromised the design, performance, or functionality of the
equipment. Failure to comply with this subsection shall result in
suspension of the lease.''.
(b) Application.--Section 22(i) of the Outer Continental Shelf
Lands Act, as added by the amendments made by subsection (a), shall
apply to approvals of applications for a permit to drill that are
submitted after the end of the 6-month period beginning on the date of
enactment of this Act.
SEC. 213. JUDICIAL REVIEW.
Section 23(c)(3) of the Outer Continental Shelf Lands Act (43
U.S.C. 1349(c)(3)) is amended by striking ``sixty'' and inserting
``90''.
SEC. 214. REMEDIES AND PENALTIES.
(a) Civil Penalty, Generally.--Section 24(b) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1350(b)) is amended to read as
follows:
``(b)(1) Except as provided in paragraph (2), any person who fails
to comply with any provision of this Act, or any term of a lease,
license, or permit issued pursuant to this Act, or any regulation or
order issued under this Act, shall be liable for a civil administrative
penalty of not more than $75,000 for each day of the continuance of
such failure. The Secretary may assess, collect, and compromise any
such penalty. No penalty shall be assessed until the person charged
with a violation has been given an opportunity for a hearing. The
Secretary shall, by regulation at least every 3 years, adjust the
penalty specified in this paragraph to reflect any increases in the
Consumer Price Index (all items, United States city average) as
prepared by the Department of Labor.
``(2) If a failure described in paragraph (1) constitutes or
constituted a threat of harm or damage to life (including fish and
other aquatic life), property, any mineral deposit, or the marine,
coastal, or human environment, a civil penalty of not more than
$150,000 shall be assessed for each day of the continuance of the
failure.''.
(b) Knowing and Willful Violations.--Section 24(c) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1350(c)) is amended in paragraph
(4) by striking ``$100,000'' and inserting ``$10,000,000''.
(c) Officers and Agents of Corporations.--Section 24(d) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1350(d)) is amended by
inserting ``, or with willful disregard,'' after ``knowingly and
willfully''.
SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL SHELF.
Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C.
1351) is amended--
(1) by striking ``other than the Gulf of Mexico,'' in each
place it appears;
(2) in subsection (c), by striking ``and'' after the
semicolon at the end of paragraph (5), redesignating paragraph
(6) as paragraph (11), and inserting after paragraph (5) the
following new paragraphs:
``(6) a detailed and accurate description of equipment to
be used for the drilling of wells pursuant to activities
included in the development and production plan, including--
``(A) a description of the drilling unit or units;
``(B) a statement of the design and condition of
major safety-related pieces of equipment, including
independent third-party certification of such
equipment; and
``(C) a description of any new technology to be
used;
``(7) a scenario for the potential blowout of each well to
be drilled as part of the plan involving the highest potential
volume of liquid hydrocarbons, along with a complete
description of a response plan to both control the blowout and
manage the accompanying discharge of hydrocarbons, including
the likelihood for surface intervention to stop the blowout,
the availability of a rig to drill a relief well, an estimate
of the time it would take to drill a relief well, a description
of other technology that may be used to regain control of the
well or capture escaping hydrocarbons and the potential
timeline for using that technology for its intended purpose,
and the strategy, organization, and resources necessary to
avoid harm to the environment from hydrocarbons;
``(8) an analysis of the potential impacts of the worst-
case-scenario discharge on the marine and coastal environments
for activities conducted pursuant to the proposed development
and production plan;
``(9) a comprehensive survey and characterization of the
coastal or marine environment within the area of operation,
including bathymetry, currents and circulation patterns within
the water column, and descriptions of benthic and pelagic
environments;
``(10) a description of the technologies to be deployed on
the facilities to routinely observe and monitor in real time
the marine environment throughout the duration of operations,
and a description of the process by which such observation data
and information will be made available to Federal regulators
and to the System established under section 12304 of Public Law
111-11 (33 U.S.C. 3603); and'';
(3) in subsection (e), by striking so much as precedes
paragraph (2) and inserting the following:
``(e)(1) The Secretary shall treat the approval of a development
and production plan, or a significant revision of a development and
production plan, as an agency action requiring preparation of an
environmental assessment or environmental impact statement, in
accordance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).'';
(4) by striking subsections (g) and (l), and redesignating
subsections (h) through (k) as subsections (g) through and (j);
and
(5) in subsection (g), as so redesignated, by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
and inserting after paragraph (1) the following:
``(2) The Secretary shall not approve a development and
production plan, or a significant revision to such a plan,
unless--
``(A) the plan is in compliance with all other
applicable environmental and natural resource
conservation laws; and
``(B) the applicant has available oil spill
response and clean-up equipment and technology that has
been demonstrated to be capable of effectively
remediating the projected worst-case release of oil
from activities conducted pursuant to the development
and production plan.''.
SEC. 216. OIL AND GAS INFORMATION PROGRAM.
Section 26(a)(1) of the Outer Continental Shelf Lands Act (43
U.S.C. 1352(a)(1)) is amended by--
(1) striking the period at the end of subparagraph (A) and
inserting ``, provided that such data shall be transmitted in
electronic format either in real-time or as quickly as
practicable following the generation of such data.''; and
(2) striking subparagraph (C) and inserting the following:
``(C) Lessees engaged in drilling operations shall
provide to the Secretary--
``(i) all daily reports generated by the
lessee, or any daily reports generated by
contractors or subcontractors engaged in or
supporting drilling operations on the lessee's
lease, no more than 24 hours after the end of
the day for which they should have been
generated;
``(ii) documentation of blowout preventer
maintenance and repair, and any changes to
design specifications of the blowout preventer,
within 24 hours after such activity; and
``(iii) prompt or real-time transmission of
the electronic log from a blowout preventer
control system.''.
SEC. 217. LIMITATION ON ROYALTY-IN-KIND PROGRAM.
Section 27(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1353(a)) is amended by striking the period at the end of paragraph (1)
and inserting ``, except that the Secretary shall not conduct a regular
program to take oil and gas lease royalties in oil or gas.''.
SEC. 218. RESTRICTIONS ON EMPLOYMENT.
Section 29 of the Outer Continental Shelf Lands Act (43 U.S.C.
1355) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``sec. 29'' and all that follows
through ``No full-time'' and inserting the following:
``SEC. 29. RESTRICTIONS ON EMPLOYMENT.
``(a) In General.--No full-time''; and
(B) by striking ``, and who was at any time during
the twelve months preceding the termination of his
employment with the Department compensated under the
Executive Schedule or compensated at or above the
annual rate of basic pay for grade GS-16 of the General
Schedule'';
(2) in paragraph (1)--
(A) in subparagraph (A), by inserting ``or advise''
after ``represent'';
(B) in subparagraph (B), by striking ``with the
intent to influence, make'' and inserting ``act with
the intent to influence, directly or indirectly, or
make''; and
(C) in the matter following subparagraph (C)--
(i) by inserting ``inspection or
enforcement action,'' before ``or other
particular matter''; and
(ii) by striking ``or'' at the end;
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or advise''
after ``represent'';
(B) in subparagraph (B), by striking ``with the
intent to influence, make'' and inserting ``act with
the intent to influence, directly or indirectly, or
make''; and
(C) by striking the period at the end and inserting
``; or''; and
(4) by adding at the end the following:
``(3) during the 2-year period beginning on the date on
which the employment of the officer or employee ceased at the
Department, accept employment or compensation from any party
that has a direct and substantial interest--
``(A) that was pending under the official
responsibility of the officer or employee as an officer
at any point during the 2-year period preceding the
date of termination of the responsibility; or
``(B) in which the officer or employee participated
personally and substantially as an officer or employee
of the Department.
``(b) Prior Dealings.--No full-time officer or employee of the
Department of the Interior who directly or indirectly discharged duties
or responsibilities under this Act shall participate personally and
substantially as a Federal officer or employee, through decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise, in a proceeding, application, request for
a ruling or other determination, contract, claim, controversy, charge,
accusation, inspection, enforcement action, or other particular matter
in which, to the knowledge of the officer or employee--
``(1) the officer or employee or the spouse, minor child,
or general partner of the officer or employee has a financial
interest;
``(2) any organization in which the officer or employee is
serving as an officer, director, trustee, general partner, or
employee has a financial interest;
``(3) any person or organization with whom the officer or
employee is negotiating or has any arrangement concerning
prospective employment has a financial interest; or
``(4) any person or organization in which the officer or
employee has, within the preceding 1-year period, served as an
officer, director, trustee, general partner, agent, attorney,
consultant, contractor, or employee.
``(c) Gifts From Outside Sources.--No full-time officer or employee
of the Department of the Interior who directly or indirectly discharges
duties or responsibilities under this Act shall, directly or
indirectly, solicit or accept any gift in violation of subpart B of
part 2635 of title 5, Code of Federal Regulations (or successor
regulations).
``(d) Penalty.--Any person that violates subsection (a) or (b)
shall be punished in accordance with section 216 of title 18, United
States Code.''.
SEC. 219. REPEAL OF ROYALTY RELIEF PROVISIONS.
(a) Repeal of Provisions of Energy Policy Act of 2005.--The
following provisions of the Energy Policy Act of 2005 (Public Law 109-
58) are repealed:
(1) Section 344 (42 U.S.C. 15904; relating to incentives
for natural gas production from deep wells in shallow waters of
the Gulf of Mexico).
(2) Section 345 (42 U.S.C. 15905; relating to royalty
relief for deep water production in the Gulf of Mexico).
(b) Repeal of 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 offshore Alaska''.
SEC. 220. MANNING AND BUY- AND BUILD-AMERICAN REQUIREMENTS.
Section 30 of the Outer Continental Shelf Lands Act (43 U.S.C.
1356) is amended--
(1) in subsection (a), by striking ``shall issue
regulations which'' and inserting ``shall issue regulations
that shall be supplemental to and complementary with and under
no circumstances a substitution for the provisions of the
Constitution and laws of the United States extended to the
subsoil and seabed of the outer Continental Shelf pursuant to
section 4(a)(1) of this Act, except insofar as such laws would
otherwise apply to individuals who have extraordinary ability
in the sciences, arts, education, or business, which has been
demonstrated by sustained national or international acclaim,
and that''; and
(2) by adding at the end the following:
``(d) Buy and Build American.--It is the intention of the Congress
that this Act, among other things, result in a healthy and growing
American industrial, manufacturing, transportation, and service sector
employing the vast talents of America's workforce to assist in the
development of energy from the outer Continental Shelf. Moreover, the
Congress intends to monitor the deployment of personnel and material on
the outer Continental Shelf to encourage the development of American
technology and manufacturing to enable United States workers to benefit
from this Act by good jobs and careers, as well as the establishment of
important industrial facilities to support expanded access to American
resources.''.
SEC. 221. NATIONAL COMMISSION ON THE BP DEEPWATER HORIZON OIL SPILL AND
OFFSHORE DRILLING.
(a) Technical Expertise.--
(1) National academy of engineering and national research
council.--The National Commission on the BP Deepwater Horizon
Oil Spill and Offshore Drilling established under Executive
Order No. 13543 of May 21, 2010 (referred to in this section as
the ``Commission'') shall consult regularly, and in any event
no less frequently than once per month, with the engineering
and technology experts who are conducting the ``Analysis of
Causes of the Deepwater Horizon Explosion, Fire, and Oil Spill
to Identify Measures to Prevent Similar Accidents in the
Future'' for the National Academy of Engineering and the
National Research Council.
(2) Other technical experts.--The Commission also shall
consult with other United States citizens with experience and
expertise in such areas as--
(A) engineering;
(B) environmental compliance;
(C) health and safety law (particularly oil spill
legislation);
(D) oil spill insurance policies;
(E) public administration;
(F) oil and gas exploration and production;
(G) environmental cleanup;
(H) fisheries and wildlife management;
(I) marine safety; and
(J) human factors affecting safety.
(3) Commission staff and technical expertise.--The
Commission shall retain, as either a full-time employee or a
contractor, one or more science and technology expert-advisors
with experience and expertise in petroleum engineering, rig
safety, or drilling.
(b) Subpoenas.--
(1) Subpoena power.--The Commission may issue subpoenas in
accordance with this subsection to compel the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, and other documents.
(2) Issuance.--
(A) Authorization.--A subpoena may be issued under
this subsection only by--
(i) agreement of the Co-Chairs of the
Commission; or
(ii) the affirmative vote of a majority of
the members of the Commission.
(B) Justice department coordination.--
(i) Notification.--The Commission shall
notify the Attorney General or the Attorney
General's designee of the Commission's intent
to issue a subpoena under this subsection, the
identity of the recipient, and the nature of
the testimony, documents, or other evidence
(described in subparagraph (A)) sought before
issuing such a subpoena. The form and content
of such notice shall be set forth in the
guidelines issued under clause (iv).
(ii) Conditions for objection to
issuance.--The Commission may not issue a
subpoena under authority of this Act if the
Attorney General objects to the issuance of the
subpoena on the basis that the subpoena is
likely to interfere with any--
(I) Federal or State criminal
investigation or prosecution;
(II) pending investigation under
sections 3729 through 3732 of title 31,
United States Code (commonly known as
the ``Civil False Claims Act'');
(III) pending investigation under
any other Federal statute providing for
civil remedies; or
(IV) civil litigation to which the
United States or any of its agencies is
or is likely to be a party.
(iii) Notification of objection.--The
Attorney General or relevant United States
Attorney shall notify the Commission of an
objection raised under this subparagraph
without unnecessary delay and as set forth in
the guidelines issued under clause (iv).
(iv) Guidelines.--As soon as practicable,
but no later than 30 days after the date of the
enactment of this Act, the Attorney General,
after consultation with the Commission, shall
issue guidelines to carry out this paragraph.
(C) Signature and service.--A subpoena issued under
this subsection may be--
(i) issued under the signature of either
Co-Chair of the Commission or any member
designated by a majority of the Commission; and
(ii) served by any person designated by the
Co-Chairs or a member designated by a majority
of the Commission.
(3) Enforcement.--
(A) Required procedures.--In the case of contumacy
of any person issued a subpoena under this subsection
or refusal by such person to comply with the subpoena,
the Commission may request the Attorney General to seek
enforcement of the subpoena. Upon such request, the
Attorney General may seek enforcement of the subpoena
in a court described in subparagraph (B). The court in
which the Attorney General seeks enforcement of the
subpoena may issue an order requiring the subpoenaed
person to appear at any designated place to testify or
to produce documentary or other evidence described in
subparagraph (A) of paragraph (2), and may punish any
failure to obey the order as a contempt of that court.
(B) Jurisdiction for enforcement.--Any United
States district court for a judicial district in which
a person issued a subpoena under this subsection
resides, is served, or may be found, or where the
subpoena is returnable, upon application of the
Attorney General, shall have jurisdiction to enforce
the subpoena as provided in subparagraph (A).
(c) Recommendations and Purposes.--
(1) In general.--The Commission shall develop
recommendations for--
(A) improvements to Federal laws, regulations, and
industry practices applicable to offshore drilling that
would--
(i) ensure the effective oversight,
inspection, monitoring, and response
capabilities; and
(ii) protect the environment and natural
resources; and
(B) organizational or other reforms of Federal
agencies or processes, including the creation of new
agencies, as necessary, to ensure that the improvements
described in paragraph (1) are implemented and
maintained.
(2) Goals.--In developing recommendations under paragraph
(1), the Commission shall ensure that the following goals are
met:
(A) Ensuring the safe operation and maintenance of
offshore drilling platforms or vessels.
(B) Protecting the overall environment and natural
resources surrounding ongoing and potential offshore
drilling sites.
(C) Developing and maintaining Federal agency
expertise on the safe and effective use of offshore
drilling technologies, including technologies to
minimize the risk of release of oil from offshore
drilling platforms or vessels.
(D) Encouraging the development and implementation
of efficient and effective oil spill response
techniques and technologies that minimize or eliminate
any adverse effects on natural resources or the
environment that result from response activities.
(E) Ensuring that the Federal agencies regulating
offshore drilling are staffed with, and managed by,
career professionals, who are--
(i) permitted to exercise independent
professional judgments and make safety the
highest priority in carrying out their
responsibilities;
(ii) not subject to undue influence from
regulated interests or political appointees;
and
(iii) subject to strict regulation to
prevent improper relationships with regulated
interests and to eliminate real or perceived
conflicts of interests.
(3) Report to congress.--In coordination with its final
public report to the President, the Commission shall submit to
Congress a report containing the recommendations developed
under paragraph (1).
SEC. 222. COORDINATION AND CONSULTATION WITH AFFECTED STATE AND LOCAL
GOVERNMENTS.
Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C.
1345) is amended--
(1) by inserting ``exploration plan or'' before
``development and production plan'' in each place it appears;
and
(2) by amending subsection (c) to read as follows:
``(c) Acceptance or Rejection of Recommendations.--The Secretary
shall accept recommendations of the Governor and may accept
recommendations of the executive of any affected local government if
the Secretary determines, after having provided the opportunity for
consultation, that they provide for a reasonable balance between the
national interest and the well-being of the citizens of the affected
State. For purposes of this subsection, a determination of the national
interest shall be based on the desirability of obtaining oil and gas
supplies in a balanced manner and on protecting coastal and marine
ecosystems and the economies dependent on those ecosystems. The
Secretary shall provide an explanation to the Governor, in writing, of
the reasons for his determination to accept or reject such Governor's
recommendations, or to implement any alternative identified in
consultation with the Governor.''.
SEC. 223. IMPLEMENTATION.
(a) New Leases.--The provisions of this title and title VII shall
apply to any lease that is issued under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) after the effective date of this
Act.
(b) Existing Leases.--For all leases that were issued under the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) that are in
effect on the effective date of this Act, the Secretary shall take
action, consistent with the terms of those leases, to apply the
requirements of this title and title VII to those leases. Such action
may include, but is not limited to, promulgating regulations,
renegotiating such existing leases, conditioning future leases on
bringing such existing leases into full or partial compliance with this
title and title VII, or taking any other actions authorized by law.
SEC. 224. REPORT ON ENVIRONMENTAL BASELINE STUDIES.
The Secretary of the Interior shall report to Congress within 6
months after the date of enactment of this Act on the costs of baseline
environmental studies to gather, analyze, and characterize resource
data necessary to implement the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.). The Secretary shall include in the report
proposals of fees or other ways to recoup such costs from persons
engaging or seeking to engage in activities on the Outer Continental
Shelf to which that Act applies.
SEC. 225. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND
SUBSISTENCE USE.
Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C.
1346) is further amended by adding at the end the following:
``(h) Cumulative Impacts on Marine Mammal Species and Stocks and
Subsistence Use.--In determining, pursuant to subparagraphs (A)(i) and
(D)(i) of section 101(a)(5) of the Marine Mammal Protection Act of 1972
(16 U.S.C.1371(a)(5)), whether takings from specified activities
administered under this title will have a negligible impact on a marine
mammal species or stock, and not have an unmitigable adverse impact on
the availability of such species or stock for taking for subsistence
uses, the Secretary of Commerce or Interior shall incorporate any
takings of such species or stock from any other reasonably foreseeable
activities administered under this Act.''.
Subtitle B--Royalty Relief for American Consumers
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Royalty Relief for American
Consumers Act of 2010''.
SEC. 232. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.
(a) Issuance of New Leases.--
(1) In general.--The Secretary shall not issue any new
lease that authorizes the production of oil or natural gas
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) to a person described in paragraph (2) unless the person
has renegotiated each covered lease with respect to which the
person is a lessee, to modify the payment responsibilities of
the person to require the payment of royalties if the price of
oil and natural gas is greater than or equal to the price
thresholds described in clauses (v) through (vii) of section
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)).
(2) Persons described.--A person referred to in paragraph
(1) is a person that--
(A) is a lessee that--
(i) holds a covered lease on the date on
which the Secretary considers the issuance of
the new lease; or
(ii) was issued a covered lease before the
date of enactment of this Act, but transferred
the covered lease to another person or entity
(including a subsidiary or affiliate of the
lessee) after the date of enactment of this
Act; or
(B) any other person that has any direct or
indirect interest in, or that derives any benefit from,
a covered lease.
(3) Multiple lessees.--
(A) In general.--For purposes of paragraph (1), if
there are multiple lessees that own a share of a
covered lease, the Secretary may implement separate
agreements with any lessee with a share of the covered
lease that modifies the payment responsibilities with
respect to the share of the lessee to include price
thresholds that are equal to or less than the price
thresholds described in clauses (v) through (vii) of
section 8(a)(3)(C) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(a)(3)(C)).
(B) Treatment of share as covered lease.--Beginning
on the effective date of an agreement under
subparagraph (A), any share subject to the agreement
shall not constitute a covered lease with respect to
any lessees that entered into the agreement.
(b) Transfers.--A lessee or any other person who has any direct or
indirect interest in, or who derives a benefit from, a lease shall not
be eligible to obtain by sale or other transfer (including through a
swap, spinoff, servicing, or other agreement) any covered lease, the
economic benefit of any covered lease, or any other lease for the
production of oil or natural gas in the Gulf of Mexico under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee
or other person has--
(1) renegotiated each covered lease with respect to which
the lessee or person is a lessee, to modify the payment
responsibilities of the lessee or person to include price
thresholds that are equal to or less than the price thresholds
described in clauses (v) through (vii) of section 8(a)(3)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)); or
(2) entered into an agreement with the Secretary to modify
the terms of all covered leases of the lessee or other person
to include limitations on royalty relief based on market prices
that are equal to or less than the price thresholds described
in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(c) Use of Amounts for Deficit Reduction.--Notwithstanding any
other provision of law, any amounts received by the United States as
rentals or royalties under covered leases shall be deposited in the
Treasury and used for Federal budget deficit reduction or, if there is
no Federal budget deficit, for reducing the Federal debt in such manner
as the Secretary of the Treasury considers appropriate.
(d) Definitions.--In this section--
(1) Covered lease.--The term ``covered lease'' means a
lease for oil or gas production in the Gulf of Mexico that is--
(A) in existence on the date of enactment of this
Act;
(B) issued by the Department of the Interior under
section 304 of the Outer Continental Shelf Deep Water
Royalty Relief Act (43 U.S.C. 1337 note; Public Law
104-58); and
(C) not subject to limitations on royalty relief
based on market price that are equal to or less than
the price thresholds described in clauses (v) through
(vii) of section 8(a)(3)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(2) Lessee.--The term ``lessee'' includes any person or
other entity that controls, is controlled by, or is in or under
common control with, a lessee.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 233. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS.
The Secretary of the Interior shall agree to a request by any
lessee to amend any lease issued for any Central and Western Gulf of
Mexico tract in the period of January 1, 1996, through November 28,
2000, to incorporate price thresholds applicable to royalty suspension
provisions, that are equal to or less than the price thresholds
described in clauses (v) through (vii) of section 8(a)(3)(C) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any
amended lease shall impose the new or revised price thresholds
effective October 1, 2010. Existing lease provisions shall prevail
through September 30, 2010.
Subtitle C--Limitation on Moratorium
SEC. 241. LIMITATION OF MORATORIUM ON CERTAIN PERMITTING AND DRILLING
ACTIVITIES.
(a) In General.--The moratorium set forth in the decision
memorandum of the Secretary of the Interior entitled ``Decision
memorandum regarding the suspension of certain offshore permitting and
drilling activities on the Outer Continental Shelf'' and dated July 12,
2010, and any suspension of operations issued in connection with the
moratorium, shall not apply to an application for a permit to drill
submitted on or after the effective date of this Act if the Secretary
determines that the applicant--
(1) has complied with the notice entitled ``National Notice
to Lessees and Operators of Federal Oil and Gas Leases, Outer
Continental Shelf (OCS)'' dated June 8, 2010 (NTL No. 2010-N05)
and the notice entitled ``National Notice to Lessees and
Operators of Federal Oil and Gas Leases, Outer Continental
Shelf (OCS)'' dated June 18, 2010 (NTL No. 2010-N06);
(2) has complied with additional safety measures
recommended by the Secretary as of the date of the enactment of
this Act; and
(3) has completed all required safety inspections.
(b) Determination on Permit.--Not later than 30 days after the date
on which the Secretary makes a determination that an applicant has
complied with paragraphs (1), (2), and (3) of subsection (a), the
Secretary shall make a determination on whether to issue the permit.
(c) No Suspension of Consideration.--No Federal entity shall
suspend the active consideration of, or preparatory work for, permits
required to resume or advance activities suspended in connection with
the moratorium.
(d) Report to Congress.--Not later than October 31, 2010, the
Secretary shall report to the House Committee on Natural Resources and
the Senate Committee on Energy and Natural Resources on the status of:
(1) the collection and analysis of evidence regarding the potential
causes of the April 20, 2010 explosion and sinking of the Deepwater
Horizon offshore drilling rig, including information collected by the
Presidential Commission and other investigations; (2) implementation of
safety reforms described in the May 27, 2010, Departmental report
entitled ``Increased Safety Measures for Energy Development on the
Outer Continental Shelf,''; (3) the ability of operators in the Gulf of
Mexico to respond effectively to an oil spill in light of the Deepwater
Horizon incident; and (4) industry and government efforts to engineer,
design, construct and assemble wild well intervention and blowout
containment resources necessary to contain an uncontrolled release of
hydrocarbons in deep water should another blowout occur.
(e) Savings Clause.--Nothing herein affects the Secretary's
authority to suspend offshore drilling permitting and drilling
operations based on the threat of significant, irreparable or immediate
harm or damage to life, property, or the marine, coastal or human
environment pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 133 et seq.).
TITLE III--OIL AND GAS ROYALTY REFORM
SEC. 301. AMENDMENTS TO DEFINITIONS.
Section 3 of the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1702) is amended--
(1) in paragraph (8), by striking the semicolon and
inserting ``including but not limited to the Act of October 20,
1914 (38 Stat. 741); the Act of February 25, 1920 (41 Stat.
437); the Act of April 17, 1926 (44 Stat. 301); the Act of
February 7, 1927 (44 Stat. 1057); and all Acts heretofore or
hereafter enacted that are amendatory of or supplementary to
any of the foregoing Acts;'';
(2) in paragraph (20)(A), by striking ``: Provided, That''
and all that follows through ``subject of the judicial
proceeding'';
(3) in paragraph (20)(B), by striking ``(with written
notice to the lessee who designated the designee)'';
(4) in paragraph (23)(A), by striking ``(with written
notice to the lessee who designated the designee)'';
(5) by striking paragraph (24) and inserting the following:
``(24) `designee' means a person who pays, offsets, or
credits monies, makes adjustments, requests and receives
refunds, or submits reports with respect to payments a lessee
must make pursuant to section 102(a);'';
(6) in paragraph (25)(B)--
(A) by striking ``(subject to the provisions of
section 102(a) of this Act)''; and
(B) in clause (ii) by striking the matter after
subclause (IV) and inserting the following:
``that arises from or relates to any lease, easement, right-of-way,
permit, or other agreement regardless of form administered by the
Secretary for, or any mineral leasing law related to, the exploration,
production, and development of oil and gas or other energy resource on
Federal lands or the Outer Continental Shelf;''.
(7) in paragraph (29), by inserting ``or permit'' after
``lease''; and
(8) by striking ``and'' after the semicolon at the end of
paragraph (32), by striking the period at the end of paragraph
(33) and inserting a semicolon, and by adding at the end the
following new paragraphs:
``(34) `compliance review' means a full-scope or a limited-
scope examination of a lessee's lease accounts to compare one
or all elements of the royalty equation (volume, value, royalty
rate, and allowances) against anticipated elements of the
royalty equation to test for variances; and
``(35) `marketing affiliate' means an affiliate of a lessee
whose function is to acquire the lessee's production and to
market that production.''.
SEC. 302. COMPLIANCE REVIEWS.
Section 101 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1711) is amended by adding at the end the following new
subsection:
``(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 compliance review shall be immediately referred to
a program auditor. The Secretary shall, before completion of a
compliance review, provide notice of the review to designees whose
obligations are the subject of the review.''.
SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAYMENTS.
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 effective
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 agreement, 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 delegated State.
Any person who pays, offsets, or credits monies, 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.
Notwithstanding any other provision of this Act to the contrary, 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 obligations 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 Management 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 notice, 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)--
(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 inserting
``$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 Secretary 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 subsection:
``(m)(1) Any determination by the Secretary or a designee of the
Secretary that a person has committed a violation 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 nature 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 designee of the
Secretary to have violated subsection (a), (c), or (d)(1) shall
maintain all records with respect to the person'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 Management Act of
1982 (30 U.S.C. 1721) is amended--
(1) by amending subsections (h) and (i) to read as follows:
``(h) Interest shall not be allowed nor paid nor credited 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 payment 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
designee may apply the estimated payment to future royalties. 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)--
(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 amended--
(1) in subsection (a)(3), by inserting ``(A)'' after
``(3)'', and by striking the last sentence and inserting 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
appropriate.
``(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
(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 Management 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 adjustment under
section 111A(a) in which a recoupment by the lessee results in
an underpayment of an obligation, for purposes of this Act the
obligation becomes due on the date the lessee or its designee
makes the adjustment.''.
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 notice to the lessee who designated the designee)''.
(b) Subpoenas.--Section 115(d)(2)(A) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is amended by
striking ``(with notice 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 appears and inserting ``48''.
SEC. 312. ASSESSMENTS.
Section 116 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1724) is repealed.
SEC. 313. COLLECTION AND PRODUCTION ACCOUNTABILITY.
(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 and quality data produced under Federal leases on the Outer
Continental Shelf in order to improve the production verification
systems used to ensure accurate royalty collection and audit.
(b) Report.--The Secretary shall submit to Congress 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;
(4) systematic and regular verification of BTU information;
and
(5) revision of the ``MMS-2014'' reporting form to record,
in addition to other information already 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 regulations by not later
than 1 year after the date of enactment of this Act that establish a
civil penalty for late or incorrect reporting of data under the Federal
Oil and Gas Royalty 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.
SEC. 316. REQUIRED RECORDKEEPING.
Within 1 year after the date of enactment of this Act, the
Secretary shall publish final regulations concerning required
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 Management Act of 1982 (30 U.S.C.
1713).
SEC. 317. SHARED CIVIL PENALTIES.
Section 206 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1736) is amended by striking ``Such amount shall be
deducted from any compensation 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 Management 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 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 produced from public lands (as that term is
defined in section 103 of the Federal Land Policy and
Management 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 reporting 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 Secretary 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:
``(10)(A) Any royalty under a lease under this section shall apply
to all oil that is saved, removed, sold, or discharged, without regard
to whether any of the oil is unavoidably 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 dumping.''.
TITLE IV--FULL FUNDING FOR THE LAND AND WATER CONSERVATION AND HISTORIC
PRESERVATION FUNDS
Subtitle A--Land and Water Conservation Fund
SEC. 401. AMENDMENTS TO THE LAND AND WATER CONSERVATION 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 provision, the reference shall be
considered to be made to a section or other provision of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
SEC. 402. EXTENSION OF THE LAND AND WATER CONSERVATION FUND.
Section 2 (16 U.S.C. 460l-5) is amended by striking ``September 30,
2015'' both places it appears and inserting ``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.--Notwithstanding subsection (b),
not less than 1.5 percent of the amounts made available under
subsection (a) for each fiscal year shall be made available for
projects that secure recreational public access to Federal land under
the jurisdiction of the Secretary of the Interior for hunting, fishing,
and other recreational purposes through easements, rights-of-way, or
fee title acquisitions, from willing sellers.''.
(b) Conforming Amendments.--
(1) Section 2(c)(2) (16 U.S.C. 460l-5(c)(2)) is amended by
striking ``: Provided'' and all that follows 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 Federal purposes shall,
unless allocated pursuant to section 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 Preservation Act
(16 U.S.C. 470h) is amended to read as follows:
``(a) Permanent Funding.--To carry out the provisions 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 covered 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 of law
that such proceeds shall be credited to miscellaneous 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 integrity, 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 Restoration 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 Federal agencies selected by the President. The
chairperson of the Restoration Task Force (in this subsection
referred to as the ``Chair'') shall be appointed by the
President. The Chair shall be a person 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 duties under this Act.
(4) Citizen advisory council.--
(A) In general.--The Gulf Coast Restoration Task
Force shall create a Citizen Advisory 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 community;
(iii) include business owners, homeowners,
and local decisionmakers; and
(iv) are a balanced representation
geographically and in diversity among the
interests 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 Restoration Task Force shall
issue a proposed comprehensive, multi-jurisdictional plan for
long-term restoration of the Gulf of Mexico that incorporates,
to the greatest extent possible, existing restoration plans.
Not later than 12 months after the date of enactment 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 restoration
programs and projects to maximize efforts in restoring
biological integrity, productivity and ecosystem
functions in the Gulf of Mexico region;
(B) identify mechanisms for scientific review and
input to evaluate the benefits and long-term
effectiveness of restoration programs and projects;
(C) identify, using the best science available,
strategies for implementing restoration programs and
projects for natural resources including--
(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 improving
migratory pathways for wildlife;
(iii) research that directly supports
restoration programs and projects;
(iv) restoring the biological productivity
and ecosystem function in the Gulf of Mexico
region;
(v) improving the resilience of natural
resources to withstand the impacts of climate
change and ocean acidification to ensure the
long-term effectiveness of the restoration
program; and
(vi) restoring fisheries resources in the
Gulf of Mexico that benefit the commercial and
recreational fishing industries and seafood
processing industries throughout 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 injured or lost natural
resources including the ecological services and benefits
provided by such resources.
(e) Relationship to Other Law.--Nothing in this section affects the
ability or authority of the Federal Government to recover costs of
removal or damages from a person determined to be a responsible party
pursuant to 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 Government 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
Horizon 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 monitoring and research program for the marine and
coastal environment of the Gulf of Mexico. The program shall remain in
effect for a minimum of 10 years, and the Secretary 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 monitoring and research of the physical,
chemical, and biological characteristics of the affected marine,
coastal, and estuarine areas of the Gulf of Mexico and other regions of
the exclusive economic zone of the United States affected by the
Deepwater Horizon oil spill, and shall include specifically 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 impacts to fish
and wildlife resources that utilize habitats located within the
affected region.
(4) Impacts to regional, State, and local economies that
depend on the natural resources of the affected area, including
commercial and recreational fisheries, and other wildlife-
dependent recreation.
(5) Other elements considered necessary by the Secretary to
ensure a comprehensive marine research and monitoring program
to comprehend and understand the implications to trust
resources caused by the Deepwater Horizon oil spill.
(c) Cooperation and Consultation.--In developing the research and
monitoring program established under subsection (a), the Secretary
shall cooperate with the United States Geological Survey, and shall
consult with--
(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 organizations;
and
(4) other experts with expertise in long-term environmental
monitoring and research of the marine environment.
(d) Availability of Data.--Data and information generated through
the program established under subsection (a) shall be managed and
archived to ensure that it is accessible and available to governmental
and nongovernmental personnel and to the general public for their use
and information.
(e) Report.--No later than 1 year after the establishment of the
program under subsection (a), and biennially thereafter, the Secretary
shall forward to the Congress 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 nonliving
natural resources belonging to, managed by, held in trust by,
appertaining to, or otherwise controlled 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 Florida; and
(3) ``Secretary'' means the Secretary of Commerce.
SEC. 503. GULF OF MEXICO EMERGENCY MIGRATORY SPECIES 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 Mexico that have been impacted, or are likely
to be impacted, by the Deepwater Horizon oil spill, and to ensure that
migratory species upon their annual return to the Gulf of Mexico find
viable, healthy, and environmentally-safe habitats 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 program.
(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 necessary 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 Foundation 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 separate account to be known as the
``Gulf of Mexico Restoration Account''.
(b) Funding.--The Gulf of Mexico Restoration Account shall consist
of such amounts as may be appropriated 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 appropriations Acts, to
carry out projects, programs, and activities as recommended by the Gulf
of Mexico Restoration Task Force established in this title.
(d) Amendment to the Federal Water Pollution 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 hazardous 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
discharged.
``(b) Relationship to Other Penalties.--The civil penalty under
subsection (a) shall be in addition to 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 promote--
(1) better coordination, communication, and collaboration
between Federal agencies with authorities for ocean, coastal,
and Great Lakes management; and
(2) coordinated and collaborative regional planning efforts
using the best available science, and to ensure the protection
and maintenance of marine ecosystem health, in decisions
affecting the sustainable 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 environmental benefit of the United
States.
(b) Objectives of Regional Efforts.--Such regional efforts shall
achieve the following objectives:
(1) Greater systematic communication and coordination among
Federal, coastal State, and affected tribal governments
concerned with the conservation of and the sustainable
development and use of Federal renewable and nonrenewable
resources of the oceans, coasts, and Great Lakes.
(2) Greater reliance on a multiobjective, science- and
ecosystem-based, spatially explicit management approach that
integrates regional economic, ecological, affected tribal, and
social objectives into ocean, coastal, and Great Lakes
management decisions.
(3) Identification and prioritization of shared State and
Federal ocean, coastal, and Great Lakes management issues.
(4) Identification of data and information needed by the
Regional Coordination Councils established under section 602.
(c) Regions.--There are hereby designated the following
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.
(2) Gulf of mexico region.--The Gulf of Mexico Coordination
Region, which shall consist of the coastal waters and Exclusive
Economic Zone adjacent to the States of Texas, Louisiana,
Mississippi, and Alabama, and the west coast of Florida.
(3) North atlantic region.--The North Atlantic Coordination
Region, which shall consist of the coastal waters and Exclusive
Economic Zone adjacent to the States of Maine, New Hampshire,
Massachusetts, Rhode Island, and Connecticut.
(4) Mid atlantic region.--The Mid Atlantic Coordination
Region, which shall consist of the coastal waters and Exclusive
Economic Zone adjacent to the States of New York, New Jersey,
Pennsylvania, Delaware, Maryland, and Virginia.
(5) South atlantic region.--The South Atlantic Coordination
Region, which shall consist of the coastal waters and Exclusive
Economic Zone adjacent to the States of North Carolina, South
Carolina, 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.
(7) Pacific islands region.--The Pacific Islands
Coordination Region, which shall consist of the coastal waters
and Exclusive Economic Zone adjacent to the State of Hawaii,
the Commonwealth of the Northern Mariana Islands, American
Samoa, and Guam.
(8) Caribbean region.--The Caribbean Coordination Region,
which shall consist of the coastal waters and Exclusive
Economic Zone adjacent to Puerto Rico and the United States
Virgin Islands.
(9) Great lakes region.--The Great Lakes Coordination
Region, which shall consist of waters of the Great Lakes in the
States of Illinois, Indiana, Michigan, Minnesota, New York,
Ohio, Pennsylvania, and Wisconsin.
SEC. 602. REGIONAL COORDINATION COUNCILS.
(a) In General.--Within 180 days after the date of enactment of
this Act, the Chairman of the Council on Environmental Quality, in
consultation with the affected coastal States and affected Indian
tribes, shall establish or designate a Regional Coordination Council
for each of the Coordination Regions designated by section 601(c).
(b) Membership.--
(1) Federal representatives.--Within 90 days after the date
of enactment of this Act, the Chairman of the Council on
Environmental Quality shall publish the titles of the officials
of each Federal agency and department that shall participate in
each Council. The Councils shall include representatives of
each Federal agency and department that has authorities related
to the development of ocean, coastal, or Great Lakes policies
or engages in planning, management, or scientific activities
that significantly 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 participate.--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
Chairman 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 participate in such Council,
the Governor of the coastal State shall appoint an
officer or employee of the coastal State agency with
primary responsibility for overseeing ocean and coastal
policy or resource management to that Council.
(C) Alaska regional coordination council.--The
Regional Coordination Council for the Alaska
Coordination Region shall include representation from
each of the States of Alaska, Washington, and Oregon,
if appointed by the Governor of that State in
accordance with this paragraph.
(3) Regional fishery management council representation.--A
representative of each Regional Fishery Management Council with
jurisdiction in the Coordination Region of a Regional
Coordination Council (who is selected by the Regional Fishery
Management Council) and the executive director of the
interstate marine fisheries commission with jurisdiction in the
Coordination Region of a Regional Coordination Council shall
each serve as a member of the Council.
(4) Regional ocean partnership representation.--A
representative of any Regional Ocean Partnership that has been
established for any part of the Coordination Region of a
Regional Coordination 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 situated 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 appoint representatives of county and local governments, as
appropriate, to serve as members of the Regional Coordination
Council for that Region.
(c) Advisory Committee.--Each Regional Coordination Council shall
establish advisory committees for the purposes of public and
stakeholder input and scientific advice, made up of a balanced
representation from the energy, shipping, transportation, commercial
and recreational fishing, and recreation industries, from marine
environmental nongovernmental organizations, and from scientific and
educational authorities with expertise in the conservation and
management of ocean, coastal, and Great Lakes resources to advise the
Council during the development of Regional Assessments and Regional
Strategic 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 capacity and governance and institutional
mechanisms to manage 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 enactment of this Act,
prepare an initial assessment of its Coordination Region that
shall identify deficiencies in data and information necessary
to informed decisionmaking by Federal, State, and affected
tribal governments concerned with the conservation of and
management of the oceans, coasts, and Great Lakes. Each initial
assessment shall to the extent feasible--
(A) identify the Coordination Region's renewable
and non renewable resources, including current and
potential energy resources, except for the assessment
for the Great Lakes Coordination Region, for which the
Regional Coordination Council for such Coordination
Region shall only identify the Great Lakes Coordination
Region's renewable energy resources, including current
and potential renewable energy resources;
(B) identify and include a spatially and temporally
explicit inventory of existing and potential uses of
the Coordination Region, including fishing and fish
habitat, recreation, and energy development;
(C) document the health and relative environmental
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 important
ecological areas within the Coordination Region;
(E) assess the Coordination Region's marine economy
and cultural attributes and include regionally-specific
ecological and socio-economic baseline data;
(F) identify and prioritize additional scientific
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 provide 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 opportunity 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 Coordination Council shall,
within 3 years after the completion of the initial regional
assessment, prepare and submit to the Chairman of the Council
on Environmental Quality a multiobjective, science- and
ecosystem-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 development 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 assessment 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 protects the health of
marine ecosystems;
(C) identify areas with potential for siting and
developing renewable and nonrenewable energy resources
in the Coordination Region covered by the Strategic
Plan, except for the Strategic Plan for the Great Lakes
Coordination Region which shall identify only areas
with potential for siting and developing renewable
energy 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 socioeconomic 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 measures 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, information, and
data needed to carry out the Strategic Plan;
(I) identify performance measures and benchmarks
for purposes of fulfilling the responsibilities 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 performance 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 opportunities for review and
input by stakeholders and the general public during the
development of the Strategic Plan and any Strategic Plan
revisions.
(c) Updated Regional Assessments.--Each Regional Coordination
Council shall update the initial regional assessment prepared under
subsection (a) in coordination with each Strategic Plan revision under
subsection (e), to provide more detailed information regarding the
required elements of the assessment and to include any relevant new
information that has become available in the interim.
(d) Review and Approval.--
(1) Commencement of review.--Within 10 days after receipt
of a Strategic Plan under this section, or any revision to such
a Strategic Plan, from a Regional Coordination Council, the
Chairman of the Council of Environmental Quality shall commence
a review of the Strategic Plan or the revised Strategic Plan,
respectively.
(2) Public notice and comment.--Immediately after receipt
of such a Strategic Plan or revision, 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 Environmental 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 objectives
identified in section 601(b).
(4) Deadline for completion.--Within 180 days after the
receipt of a Strategic Plan, or a revision to a Strategic Plan,
the Chairman of the Council of Environmental Quality shall
approve or disapprove the Strategic Plan or revision. If the
Chairman disapproves the Strategic Plan or revision, the
Chairman shall transmit to the Regional Coordination Council
that submitted the Strategic Plan or revision, an
identification of the deficiencies and recommendations to
improve it. The Council shall submit 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 Coordination Council at least once
every 5 years. Such review and revision shall be based on the most
recently updated regional assessment. Any proposed revisions to the
Strategic Plan shall be submitted to the Chairman of the Council on
Environmental Quality for review and approval pursuant 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 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 ASSISTANCE 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 credited 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 Indian tribes
under subsection (b); and
(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 subsection (e); and
(C) 10 percent shall be allocated to the Secretary
to make grants to Regional Ocean Partnerships under
subsection (d) and the Regional Coordination Councils
established under section 602.
(4) Procedures.--The Secretary shall establish application,
review, oversight, financial accountability, and performance
accountability procedures for each grant program for which
funds are allocated 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
(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 reserved right.
(2) Eligibility.--To be eligible to receive a grant under
this subsection, a coastal State or affected 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, nongovernment, and
academic entities to carry out eligible activities at
the county and local level.
(3) Approval of state and affected tribal plans.--
(A) In general.--Plans required under paragraph (2)
must be submitted to and approved by the Secretary.
(B) Public input and comment.--In determining
whether to approve such plans, the Secretary shall
provide opportunity for, and take into consideration,
public input and comment 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 subsection to make grants to coastal States
and affected tribes under section 320 of the Coastal Zone
Management 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 ecosystems and marine resources.
(2) Ocean, coastal, and great lakes review panel.--
(A) In general.--The Secretary shall establish an
Ocean, Coastal, and Great Lakes Review 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
resources. 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
procedures and criteria established under
paragraph (3), grant applications under this
subsection;
(ii) make recommendations to the Secretary
regarding which grant applications should be
funded and the amount of each grant; and
(iii) establish any specific requirements,
conditions, or limitations on a grant
application recommended for funding.
(3) Procedures and eligibility criteria for grants.--
(A) In general.--The Secretary shall establish--
(i) procedures for applying for a grant
under this subsection and criteria for
evaluating applications for such grants; and
(ii) criteria, in consultation with the
Panel, to determine what persons are eligible
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 academic 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 recommended by the Panel, the Secretary shall explain
that disapproval in writing.
(5) Use of grant funds.--Any amounts provided 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.
(2) Eligibility.--In order to be eligible to receive a
grant, a Regional Ocean Partnership must prepare and annually
revise a plan that--
(A) identifies regional science and information
needs, regional goals and priorities, and mechanisms
for facilitating coordinated and collaborative
responses to regional issues;
(B) establishes a process for coordinating and
collaborating with the Regional Coordination 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 carried 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 Secretary.
(4) Public input and comment.--In determining whether to
approve such plans, the Secretary shall provide opportunity
for, and take into consideration, input and comment on the
plans from stakeholders 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 Observations.--
(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 Secretary 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, maintenance, and restoration of ocean,
coastal, and Great Lakes ecosystems in a manner that is consistent with
Federal environmental laws and that avoids environmental degradation,
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 habitats, 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 ecosystems and resources that consider cumulative impacts
and are spatially explicit where appropriate;
(4) activities to improve the resiliency of those
ecosystems;
(5) activities to improve the ability of those ecosystems
to become more resilient, and to adapt to and withstand the
impacts of climate change and ocean acidification;
(6) planning for and managing coastal development to
minimize the loss of life and property associated with sea
level rise and the coastal hazards resulting from it;
(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 Assistance Fund established by this
section.
(2) Secretary.--Notwithstanding section 3, the term
``Secretary'' means the Secretary of Commerce.
SEC. 606. WAIVER.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Regional Coordination Councils established under section 602.
TITLE VII--OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Oil Spill Accountability and
Environmental Protection Act of 2010''.
SEC. 702. REPEAL OF AND ADJUSTMENTS TO LIMITATION ON LIABILITY.
(a) In General.--Section 1004 of the Oil Pollution Act of 1990 (33
U.S.C. 2704) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by striking ``$800,000,,'' and
inserting ``$800,000,''; and
(ii) by adding ``and'' after the semicolon
at the end;
(B) by striking paragraph (3); and
(C) by redesignating paragraph (4) as paragraph
(3);
(2) in subsection (b)(2) by striking the second sentence;
and
(3) by striking subsection (d)(4) and inserting the
following:
``(4) Adjustment of limits on liability.--Not later than 3
years after the date of enactment of the Oil Spill
Accountability and Environmental Protection Act of 2010, and at
least once every 3 years thereafter, the President shall review
the limits on liability specified in subsection (a) and shall
by regulation revise such limits upward to reflect either the
amount of liability that the President determines is
commensurate with the risk of discharge of oil presented by a
particular category of vessel, facility, or port or any
increase in the Consumer Price Index, whichever is greater.''.
(b) Applicability.--The amendments made by this section apply to--
(1) any claim arising from an event occurring after the
date of enactment of this Act; and
(2) any claim arising from an event occurring before such
date of enactment, if the claim is brought within the
limitations period applicable to the claim.
SEC. 703. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES.
Section 1016 of the Oil Pollution Act of 1990 (33 U.S.C. 2716) is
amended--
(1) in subsection (c)(1)--
(A) in subparagraph (B) by striking ``subparagraph
(A) is'' and all that follows before the period and
inserting ``subparagraph (A) is $300,000,000''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Alternate amount.--
``(i) Specific facilities.--
``(I) In general.--If the President
determines that an amount of financial
responsibility for a responsible party
that is less than the amount required
by subparagraph (B) is justified based
on the criteria established under
clause (ii), the evidence of financial
responsibility required shall be for an
amount determined by the President.
``(II) Minimum amounts.--In no case
shall the evidence of financial
responsibility required under this
section be less than--
``(aa) $105,000,000 for an
offshore facility located
seaward of the seaward boundary
of a State; or
``(bb) $30,000,000 for an
offshore facility located
landward of the seaward
boundary of a State.
``(ii) Criteria for determination of
financial responsibility.--The President shall
prescribe the amount of financial
responsibility required under clause (i)(I)
based on the following:
``(I) The market capacity of the
insurance industry to issue such
instruments.
``(II) The operational risk of a
discharge and the effects of that
discharge on the environment and the
region.
``(III) The quantity and location
of the oil and gas that is explored
for, drilled for, produced, or
transported by the responsible party.
``(IV) The asset value of the owner
of the offshore facility, including the
combined asset value of all partners
that own the facility.
``(V) The cost of all removal costs
and damages for which the owner may be
liable under this Act based on a worst-
case-scenario.
``(VI) The safety history of the
owner of the offshore facility.
``(VII) Any other factors that the
President considers appropriate.
``(iii) Adjustment for all offshore
facilities.--
``(I) In general.--Not later than 3
years after the date of enactment of
the Oil Spill Accountability and
Environmental Protection Act of 2010,
and at least once every 3 years
thereafter, the President shall review
the levels of financial responsibility
specified in this subsection and the
limit on liability specified in
subsection (f)(4) and may by regulation
revise such levels and limit upward to
the levels and limit that the President
determines are justified based on the
relative operational, environmental,
and other risks posed by the quantity,
quality, or location of oil that is
explored for, drilled for, produced, or
transported by the responsible party.
``(II) Notice to congress.--Upon
completion of a review specified in
subclause (I), the President shall
notify Congress as to whether the
President will revise the levels of
financial responsibility and limit on
liability referred to in subclause (I)
and the factors used in making such
determination.'';
(2) in subsection (e) by striking ``self-insurer,'' and
inserting ``self-insurer, participation in cooperative
arrangements such as pooling or joint insurance,''; and
(3) in subsection (f)--
(A) in paragraph (1) by striking ``Subject'' and
inserting ``Except as provided in paragraph (4) and
subject''; and
(B) by adding at the end the following:
``(4) Maximum liability.--The maximum liability of a
guarantor of an offshore facility under this subsection is
$300,000,000.''.
SEC. 704. DAMAGES TO HUMAN HEALTH.
(a) In General.--Section 1002(b)(2) of the Oil Pollution Act of
1990 (33 U.S.C. 2702(b)(2)) is amended by adding at the end the
following:
``(G) Human health.--
``(i) In general.--Damages to human health,
including fatal injuries, which shall be
recoverable by any claimant who has a
demonstrable, adverse impact to human health
or, in the case of a fatal injury to an
individual, a claimant filing a claim on behalf
of such individual.
``(ii) Inclusion.--For purposes of clause
(i), the term `human health' includes mental
health.''.
(b) Applicability.--The amendments made by this section apply to--
(1) any claim arising from an event occurring after the
date of enactment of this Act; and
(2) any claim arising from an event occurring before such
date of enactment, if the claim is brought within the
limitations period applicable to the claim.
SEC. 705. CLARIFICATION OF LIABILITY FOR DISCHARGES FROM MOBILE
OFFSHORE DRILLING UNITS.
(a) In General.--Section 1004(b)(2) of the Oil Pollution Act of
1990 (33 U.S.C. 2704(b)(2)) is amended--
(1) by striking ``from any incident described in paragraph
(1)'' and inserting ``from any discharge of oil, or substantial
threat of a discharge of oil, into or upon the water''; and
(2) by striking ``liable'' and inserting ``liable as
described in paragraph (1)''.
(b) Applicability.--The amendments made by this section shall apply
to--
(1) any claim arising from an event occurring after the
date of enactment of this Act; and
(2) any claim arising from an event occurring before such
date of enactment, if the claim is brought within the
limitations period applicable to the claim.
SEC. 706. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT.
Section 1006(e)(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2706(e)(2)) is amended--
(1) in the heading by striking ``Rebuttable presumption''
and inserting ``Judicial review of assessments''; and
(2) by striking ``have the force and effect'' and all that
follows before the period and inserting the following: ``be
subject to judicial review under subchapter II of chapter 5 of
title 5, United States Code (commonly known as the
Administrative Procedure Act), on the basis of the
administrative record developed by the lead Federal trustee as
provided in such regulations''.
SEC. 707. PROCEDURES FOR CLAIMS AGAINST FUND; INFORMATION ON CLAIMS.
(a) Procedures for Claims Against Fund.--Section 1013(e) of the Oil
Pollution Act of 1990 (33 U.S.C. 2713(e)) is amended by adding at the
end the following: ``In the event of a spill of national significance,
the President may exercise the authorities under this section to ensure
that the presentation, filing, processing, settlement, and adjudication
of claims occurs within the States and local governments affected by
such spill to the greatest extent practicable.''.
(b) Information on Claims.--Title I of the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.) is amended by inserting after section
1013 the following:
``SEC. 1013A. INFORMATION ON CLAIMS.
``In the event of a spill of national significance, the President
may require a responsible party or a guarantor of a source designated
under section 1014(a) to provide to the President any information on or
related to claims, either individually, in the aggregate, or both, that
the President requests, including--
``(1) the transaction date or dates of such claims,
including processing times; and
``(2) any other data pertaining to such claims necessary to
ensure the performance of the responsible party or the
guarantor with regard to the processing and adjudication of
such claims.''.
(c) Conforming Amendment.--The table of contents contained in
section 2 of such Act is amended by inserting after the item relating
to section 1013 the following:
``Sec. 1013A. Information on claims.''.
(d) Applicability.--The amendments made by this section apply to--
(1) any claim arising from an event occurring after the
date of enactment of this Act; and
(2) any claim arising from an event occurring before such
date of enactment, if the claim is brought within the
limitations period applicable to the claim.
SEC. 708. ADDITIONAL AMENDMENTS AND CLARIFICATIONS TO OIL POLLUTION ACT
OF 1990.
(a) Definitions.--
(1) Removal costs.--Section 1001(31) of the Oil Pollution
Act of 1990 (33 U.S.C. 2701(31)) is amended by inserting before
the semicolon the following: ``and includes all costs of
Federal enforcement activities related thereto''.
(2) Responsible party.--Section 1001(32)(B) of such Act (33
U.S.C. 2701(32)(B)) is amended by inserting before ``, except
a'' the following: ``any person who owns or who has a leasehold
interest or other property interest in the land or in the
minerals beneath the land on which the facility is located, and
any person who is the assignor of a property interest in the
land or in the minerals beneath the land on which the facility
is located,''.
(b) Elements of Liability.--Section 1002(b)(1)(A) of such Act (33
U.S.C. 2702(b)(1)(A)) is amended by inserting before the semicolon the
following: ``, including all costs of Federal enforcement activities
related thereto''.
(c) Subrogation.--Section 1015(c) of such Act (33 U.S.C. 2715(c))
is amended by adding at the end the following: ``In such actions, the
Fund shall recover all costs and damages paid from the Fund unless the
decision to make the payment is found to be arbitrary or capricious.''.
(d) Financial Responsibility.--Section 1016(f)(1) of such Act (33
U.S.C. 2717(f)(1)) is amended--
(1) by inserting ``and'' at the end of subparagraph (A);
(2) by striking ``; and'' at the end of subparagraph (B)
and inserting a period; and
(3) by striking subparagraph (C).
(e) Considerations of Trustees.--Section 1006(d) of such Act (33
U.S.C. 2706(d)) is amended by adding at the end the following:
``(4) Considerations of trustees.--
``(A) Equal and full consideration.--Trustees
shall--
``(i) give equal and full consideration to
restoration, rehabilitation, replacement, and
the acquisition of the equivalent of the
natural resources under their trusteeship; and
``(ii) consider restoration,
rehabilitation, replacement, and the
acquisition of the equivalent of the natural
resources under their trusteeship in a holistic
ecosystem context and using, where available,
eco-regional or natural resource plans.
``(B) Special rule on acquisition.--Acquisition
shall only be given full and equal consideration under
subparagraph (A) if it provides a substantially greater
likelihood of improving the resilience of the lost or
damaged resource and supports local ecological
processes.''.
(f) Applicability.--The amendments made by this section apply to--
(1) any claim arising from an event occurring after the
date of enactment of this Act; and
(2) any claim arising from an event occurring before such
date of enactment, if the claim is brought within the
limitations period applicable to the claim.
SEC. 709. AMERICANIZATION OF OFFSHORE OPERATIONS IN THE EXCLUSIVE
ECONOMIC ZONE.
(a) Registry Endorsement Required.--
(1) In general.--Section 12111 of title 46, United States
Code, is amended by adding at the end the following:
``(e) Resource Activities in the EEZ.--Except for activities
requiring an endorsement under sections 12112 or 12113, only a vessel
for which a certificate of documentation with a registry endorsement is
issued and that is owned by a citizen of the United States (as
determined under section 50501(d)) may engage in support of
exploration, development, or production of resources in, on, above, or
below the exclusive economic zone or any other activity in the
exclusive economic zone to the extent that the regulation of such
activity is not prohibited under customary international law.''.
(2) Applicability.--The amendment made by paragraph (1)
applies only with respect to exploration, development,
production, and support activities that commence on or after
July 1, 2011.
(b) Legal Authority.--Section 2301 of title 46, United States Code,
is amended--
(1) by striking ``chapter'' and inserting ``title''; and
(2) by inserting after ``1988'' the following: ``and the
exclusive economic zone to the extent that the regulation of
such operation is not prohibited under customary international
law''.
(c) Training for Coast Guard Personnel.--Not later than 180 days
after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall establish a
program to provide Coast Guard personnel with the training necessary
for the implementation of the amendments made by this section.
SEC. 710. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFFSHORE DRILLING UNITS.
Section 3203 of title 46, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Mobile Offshore Drilling Units.--The safety management system
described in subsection (a) for a mobile offshore drilling unit
operating in waters subject to the jurisdiction of the United States
(including the exclusive economic zone) shall include processes,
procedures, and policies related to the safe operation and maintenance
of the machinery and systems on board the vessel that may affect the
seaworthiness of the vessel in a worst-case event.''.
SEC. 711. SAFETY STANDARDS FOR MOBILE OFFSHORE DRILLING UNITS.
Section 3306 of title 46, United States Code, is amended by adding
at the end the following:
``(k) In prescribing regulations for mobile offshore drilling
units, the Secretary shall develop standards to address a worst-case
event on the vessel.''.
SEC. 712. OPERATIONAL CONTROL OF MOBILE OFFSHORE DRILLING UNITS.
(a) Licenses for Masters of Mobile Offshore Drilling Units.--
(1) In general.--Chapter 71 of title 46, United States
Code, is amended by redesignating sections 7104 through 7114 as
sections 7105 through 7115, respectively, and by inserting
after section 7103 the following:
``Sec. 7104. Licenses for masters of mobile offshore drilling units
``A license as master of a mobile offshore drilling unit may be
issued only to an applicant who has been issued a license as master
under section 7101(c)(1) and has demonstrated the knowledge,
understanding, proficiency, and sea service for all industrial business
or functions of a mobile offshore drilling unit.''.
(2) Conforming amendment.--Section 7109 of such title, as
so redesignated, is amended by striking ``section 7106 or
7107'' and inserting ``section 7107 or 7108''.
(3) Clerical amendment.--The analysis at the beginning of
such chapter is amended by striking the items relating to
sections 7104 through 7114 and inserting the following:
``7104. Licenses for masters of mobile offshore drilling units.
``7105. Certificates for medical doctors and nurses.
``7106. Oaths.
``7107. Duration of licenses.
``7108. Duration of certificates of registry.
``7109. Termination of licenses and certificates of registry.
``7110. Review of criminal records.
``7111. Exhibiting licenses.
``7112. Oral examinations for licenses.
``7113. Licenses of masters or mates as pilots.
``7114. Exemption from draft.
``7115. Fees.''.
(b) Requirement for Certificate of Inspection.--Section 8101(a)(2)
of title 46, United States Code, is amended by inserting before the
semicolon the following: ``and shall at all times be under the command
of a master licensed under section 7104''.
(c) Effective Date.--The amendments made by this section shall take
effect 6 months after the date of enactment of this Act.
SEC. 713. SINGLE-HULL TANKERS.
(a) Application of Tank Vessel Construction Standards.--Section
3703a(b) of title 46, United States Code, is amended by striking
paragraph (3), and redesignating paragraphs (4) through (6) as
paragraphs (3) through (5), respectively.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on January 1, 2011.
SEC. 714. REPEAL OF RESPONSE PLAN WAIVER.
Section 311(j)(5)(G) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(5)(G)) is amended--
(1) by striking ``a tank vessel, nontank vessel, offshore
facility, or onshore facility'' and inserting ``a nontank
vessel'';
(2) by striking ``tank vessel, nontank vessel, or
facility'' and inserting ``nontank vessel''; and
(3) by adding at the end the following: ``A mobile offshore
drilling unit, as such term is defined in section 1001 of the
Oil Pollution Act of 1990 (33 U.S.C. 2701), is not eligible to
operate without a response plan approved under this section.''.
SEC. 715. NATIONAL CONTINGENCY PLAN.
(a) Guidelines for Containment Booms.--Section 311(d)(2) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(d)(2)) is amended
by adding at the end the following:
``(N) Guidelines regarding the use of containment
booms to contain a discharge of oil or a hazardous
substance, including identification of quantities of
containment booms likely to be needed, available
sources of containment booms, and best practices for
containment boom placement, monitoring, and
maintenance.''.
(b) Schedule, Criteria, and Fees.--Section 311(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(d)) is amended by adding at
the end the following:
``(5) Schedule for use of dispersants, other chemicals, and
other spill mitigating devices and substances.--
``(A) Rulemaking.--Not later than 2 years after the
date of enactment of this paragraph, the President,
acting through the Administrator, after providing
notice and an opportunity for public comment, shall
issue a revised regulation for the development of the
schedule for the use of dispersants, other chemicals,
and other spill mitigating devices and substances
developed under paragraph (2)(G) in a manner that is
consistent with the requirements of this paragraph and
shall modify the existing schedule to take into account
the requirements of the revised regulation.
``(B) Schedule listing requirements.--In issuing
the regulation under subparagraph (A), the
Administrator shall--
``(i) with respect to dispersants, other
chemicals, and other spill mitigating
substances included or proposed to be included
on the schedule under paragraph (2)(G)--
``(I) establish minimum toxicity
and efficacy testing criteria, taking
into account the results of the study
carried out under subparagraph (D);
``(II) provide for testing or other
verification (independent from the
information provided by an applicant
seeking the inclusion of such
dispersant, chemical, or substance on
the schedule) related to the toxicity
and effectiveness of such dispersant,
chemical, or substance;
``(III) establish a framework for
the application of any such dispersant,
chemical, or substance, including--
``(aa) application
conditions;
``(bb) the quantity
thresholds for which approval
by the Administrator is
required;
``(cc) the criteria to be
used to develop the appropriate
maximum quantity of any such
dispersant, chemical, or
substance that the
Administrator determines may be
used, both on a daily and
cumulative basis; and
``(dd) a ranking, by
geographic area, of any such
dispersant, chemical, or
substance based on a
combination of its
effectiveness for each type of
oil and its level of toxicity;
``(IV) establish a requirement that
the volume of oil or hazardous
substance discharged, and the volume
and location of any such dispersant,
chemical, or substance used, be
measured and made publicly available,
including on the Internet;
``(V) require the public disclosure
of all ingredients, including the
chemical and common name of such
ingredients, contained in any such
dispersant, chemical, or substance; and
``(VI) in addition to existing
authority, expressly provide a
mechanism for the delisting of any such
dispersant, chemical, or substance that
the Administrator determines poses a
significant risk or impact to water
quality, the environment, or any other
factor the Administrator determines
appropriate;
``(ii) with respect to a dispersant, other
chemical, and other spill mitigating substance
not specifically identified on the schedule,
and prior to the use of such dispersant,
chemical, or substance in accordance with
paragraph (2)(G)--
``(I) establish the minimum
toxicity and efficacy levels for such
dispersant, chemical, or substance;
``(II) require the public
disclosure of all ingredients,
including the chemical and common name
of such ingredients, contained in any
such dispersant, chemical, or
substance; and
``(III) require the provision of
such additional information as the
Administrator determines necessary; and
``(iii) with respect to other spill
mitigating devices included or proposed to be
included on the schedule under paragraph
(2)(G)--
``(I) require the manufacturer of
such device to carry out a study of the
risks and effectiveness of the device
according to guidelines developed and
published by the Administrator; and
``(II) in addition to existing
authority, expressly provide a
mechanism for the delisting of any such
device based on any information made
available to the Administrator that
demonstrates that such device poses a
significant risk or impact to water
quality, the environment, or any other
factor the Administrator determines
appropriate.
``(C) Delisting.--In carrying out subparagraphs
(B)(i)(VI) and (B)(iii)(II), the Administrator, after
posting a notice in the Federal Register and providing
an opportunity for public comment, shall initiate a
formal review of the potential risks and impacts
associated with a dispersant, chemical, substance, or
device prior to delisting the dispersant, chemical,
substance, or device.
``(D) Study.--
``(i) In general.--Not later than 3 months
after the date of enactment of this paragraph,
the Administrator shall initiate a study of the
potential risks and impacts to water quality,
the environment, or any other factor the
Administrator determines appropriate, including
acute and chronic risks, from the use of
dispersants, other chemicals, and other spill
mitigating substances, if any, that may be used
to carry out the National Contingency Plan,
including an assessment of such risks and
impacts--
``(I) on a representative sample of
biota and types of oil from locations
where such dispersants, chemicals, or
substances may potentially be used; and
``(II) that result from any by-
products created from the use of such
dispersants, chemicals, or substances.
``(ii) Information from manufacturers.--
``(I) In general.--In conjunction
with the study authorized by clause
(i), the Administrator shall determine
the requirements for manufacturers of
dispersants, chemicals, or substances
to evaluate the potential risks and
impacts to water quality, the
environment, or any other factor the
Administrator determines appropriate,
including acute and chronic risks,
associated with the use of the
dispersants, chemicals, or substances
and any byproducts generated by such
use and to provide the details of such
evaluation as a condition for listing
on the schedule, or approving for use
under this section, according to
guidelines developed and published by
the Administrator.
``(II) Minimum requirements for
evaluation.--In carrying out this
clause, the Administrator shall require
a manufacturer to include--
``(aa) information on the
oils and locations where such
dispersants, chemicals, or
substances may potentially be
used; and
``(bb) if appropriate, an
assessment of application and
impacts from subsea use of the
dispersant, chemical, or
substance, including the
potential long term effects of
such use on water quality and
the environment.
``(E) Periodic revisions.--
``(i) In general.--Not later than 5 years
after the date of the issuance of the
regulation under this paragraph, and on an
ongoing basis thereafter (and at least once
every 5 years), the Administrator shall review
the schedule for the use of dispersants, other
chemicals, and other spill mitigating devices
and substances that may be used to carry out
the National Contingency Plan and update or
revise the schedule, as necessary, to ensure
the protection of water quality, the
environment, and any other factor the
Administrator determines appropriate.
``(ii) Effectiveness.--The Administrator
shall ensure, to the maximum extent
practicable, that each update or revision to
the schedule increases the minimum
effectiveness value necessary for listing a
dispersant, other chemical, or other spill
mitigating device or substance on the schedule.
``(F) Approval of use and application of
dispersants.--
``(i) In general.--In issuing the
regulation under subparagraph (A), the
Administrator shall require the approval of the
Federal On-Scene Coordinator, in coordination
with the Administrator, for all uses of a
dispersant, other chemical, or other spill
mitigating substance in any removal action,
including--
``(I) any such dispersant,
chemical, or substance that is included
on the schedule developed pursuant to
this subsection; or
``(II) any dispersant, chemical, or
other substance that is included as
part an approved area contingency plan
or response plan developed under this
section.
``(ii) Repeal.--Any part of section 300.910
of title 40, Code of Federal Regulations, that
is inconsistent with this paragraph is hereby
repealed.
``(G) Toxicity definition.--In this section, the
term `toxicity' is used in reference to the potential
impacts of a dispersant, substance, or device on water
quality or the environment.
``(6) Review of and development of criteria for evaluating
response plans.--
``(A) Review.--Not later than 6 months after the
date of enactment of this paragraph, the President
shall review the procedures and standards developed
under paragraph (2)(J) to determine their sufficiency
in ceasing and removing a worst case discharge of oil
or hazardous substances, and for mitigating or
preventing a substantial threat of such a discharge.
``(B) Rulemaking.--Not later than 2 years after the
date of enactment of this paragraph, the President,
after providing notice and an opportunity for public
comment, shall issue a final rule to--
``(i) revise the procedures and standards
for ceasing and removing a worst case discharge
of oil or hazardous substances, and for
mitigating or preventing a substantial threat
of such a discharge; and
``(ii) develop a metric for evaluating the
National Contingency Plan, Area Contingency
Plans, and tank vessel, nontank vessel, and
facility response plans consistent with the
procedures and standards developed pursuant to
this paragraph.
``(7) Fees.--
``(A) General authority and fees.--Subject to
subparagraph (B), the Administrator shall establish a
schedule of fees to be collected from the manufacturer
of a dispersant, chemical, or spill mitigating
substance or device to offset the costs of the
Administrator associated with evaluating the use of the
dispersant, chemical, substance, or device in
accordance with this subsection and listing the
dispersant, chemical, substance, or device on the
schedule under paragraph (2)(G).
``(B) Limitation on collection.--No fee may be
collected under this subsection unless the expenditure
of the fee to pay the costs of activities and services
for which the fee is imposed is provided for in advance
in an appropriations Act.
``(C) Fees credited as offsetting collections.--
``(i) In general.--Notwithstanding section
3302 of title 31, United States Code, any fee
authorized to be collected under this paragraph
shall--
``(I) be credited as offsetting
collections to the account that
finances the activities and services
for which the fee is imposed;
``(II) be available for expenditure
only to pay the costs of activities and
services for which the fee is imposed,
including all costs associated with
collecting such fees; and
``(III) remain available until
expended.
``(ii) Continuing appropriations.--The
Administrator may continue to assess, collect,
and spend fees established under this section
during any period in which the funding for the
Environmental Protection Agency is provided
under an Act providing continuing
appropriations in lieu of the Administration's
regular appropriations.
``(iii) Adjustments.--The Administrator
shall adjust the fees established by
subparagraph (A) periodically to ensure that
each of the fees required by subparagraph (A)
is reasonably related to the Administration's
costs, as determined by the Administrator, of
performing the activity for which the fee is
imposed.''.
(c) Temporary Moratorium on Approval of Use of Dispersants.--
(1) In general.--Subject to paragraph (2), the
Administrator of the Environmental Protection Agency may not
approve the use of a dispersant under section 311(d) of the Oil
Pollution Act of 1990 (33 U.S.C. 1321(d)), and shall withdraw
any approval of such use made before the date of enactment of
this Act, until the date on which the rulemaking and study
required by subparagraphs (A) and (D) of section 311(d)(5) of
such Act (as added by subsection (b) of this section) are
complete.
(2) Conditional approval.--The Administrator may approve
the use of a dispersant under section 311(d) of such Act (33
U.S.C. 1321(d)) for the period of time before the date on which
the rulemaking and study required by subparagraphs (A) and (D)
of section 311(d)(5) of such Act (as added by subsection (b) of
this section) are complete if the Administrator determines that
such use will not have a negative impact on water quality, the
environment, or any other factor the Administrator determines
appropriate.
(3) Information.--In approving the use of a dispersant
under paragraph (2), the Administrator may require the
manufacturer of the dispersant to provide such information as
the Administrator determines necessary to satisfy the
requirements of that paragraph.
(d) Inclusion of Containment Booms in Area Contingency Plans.--
Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 1321(j)(4)(C)(iv)) is
amended by striking ``(including firefighting equipment)'' and
inserting ``(including firefighting equipment and containment booms)''.
SEC. 716. TRACKING DATABASE.
Section 311(b) of the Federal Water Pollution Control Act (33
U.S.C. 1321(b)) is amended by adding at the end the following:
``(13) Tracking database.--
``(A) In general.--The President shall create a
database to track all discharges of oil or hazardous
substances--
``(i) into the waters of the United States,
onto adjoining shorelines, or into or upon the
waters of the contiguous zone;
``(ii) in connection with activities under
the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) or the Deepwater Port Act
of 1974 (33 U.S.C. 1501 et seq.); or
``(iii) which may affect natural resources
belonging to, appertaining to, or under the
exclusive management authority of the United
States (including resources under the Fishery
Conservation and Management Act of 1976 (16
U.S.C. 1801 et seq.)).
``(B) Requirements.--The database shall--
``(i) include--
``(I) the name of the vessel or
facility;
``(II) the name of the owner,
operator, or person in charge of the
vessel or facility;
``(III) the date of the discharge;
``(IV) the volume of the discharge;
``(V) the location of the
discharge, including an identification
of any receiving waters that are or
could be affected by the discharge;
``(VI) the type, volume, and
location of the use of any dispersant,
other chemical, or other spill
mitigating substance used in any
removal action;
``(VII) a record of any
determination of a violation of this
section or liability under section 1002
of the Oil Pollution Act of 1990 (33
U.S.C. 2702);
``(VIII) a record of any
enforcement action taken against the
owner, operator, or person in charge;
and
``(IX) any additional information
that the President determines
necessary;
``(ii) use data provided by the
Environmental Protection Agency, the Coast
Guard, and other appropriate Federal agencies;
``(iii) use data protocols developed and
managed by the Environmental Protection Agency;
and
``(iv) be publicly accessible, including by
electronic means.''.
SEC. 717. EVALUATION AND APPROVAL OF RESPONSE PLANS; MAXIMUM PENALTIES.
(a) Agency Review of Response Plans.--
(1) Lead federal agency for review of response plans.--
Section 311(j)(5)(A) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(j)(5)(A)) is amended by adding at the end the
following:
``(iii) In issuing the regulations under this paragraph,
the President shall ensure that--
``(I) the owner, operator, or person in charge of a
tank vessel, nontank vessel, or offshore facility
described in subparagraph (C) will not be considered to
have complied with this paragraph until the owner,
operator, or person in charge submits a plan under
clause (i) or (ii), as appropriate, to the Secretary of
the department in which the Coast Guard is operating,
the Secretary of the Interior, or the Administrator,
with respect to such offshore facilities as the
President may designate, and the Secretary or
Administrator, as appropriate, determines and notifies
the owner, operator, or person in charge that the plan,
if implemented, will provide an adequate response to a
worst case discharge of oil or a hazardous substance or
a substantial threat of such a discharge; and
``(II) the owner, operator, or person in charge of
an onshore facility described in subparagraph (C)(iv)
will not be considered to have complied with this
paragraph until the owner, operator, or person in
charge submits a plan under clause (i) either to the
Secretary of Transportation, with respect to
transportation-related onshore facilities, or the
Administrator, with respect to all other onshore
facilities, and the Secretary or Administrator, as
appropriate, determines and notifies the owner,
operator, or person in charge that the plan, if
implemented, will provide an adequate response to a
worst-case discharge of oil or a hazardous substance or
a substantial threat of such a discharge.
``(iv)(I) The Secretary of the department in which the
Coast Guard is operating, the Secretary of the Interior, the
Secretary of Transportation, or the Administrator, as
appropriate, shall require that a plan submitted to the
Secretary or Administrator for a vessel or facility under
clause (iii)(I) or (iii)(II) by an owner, operator, or person
in charge--
``(aa) contain a probabilistic risk analysis for
all critical engineered systems of the vessel or
facility; and
``(bb) adequately address all risks identified in
the risk analysis.
``(II) The Secretary or Administrator, as appropriate,
shall require that a risk analysis developed under subclause
(I) include, at a minimum, the following:
``(aa) An analysis of human factors risks,
including both organizational and management failure
risks.
``(bb) An analysis of technical failure risks,
including both component technologies and integrated
systems risks.
``(cc) An analysis of interactions between humans
and critical engineered systems.
``(dd) Quantification of the likelihood of modes of
failure and potential consequences.
``(ee) A description of methods for reducing known
risks.
``(III) The Secretary or Administrator, as appropriate,
shall require an owner, operator, or person in charge that
develops a risk analysis under subclause (I) to make the risk
analysis available to the public.''.
(2) Review and approval of response plans.--Section
311(j)(5)(E) of such Act (33 U.S.C. 1321(j)(5)(E)) is amended
to read as follows:
``(E) With respect to any response plan submitted under
this paragraph for an onshore facility that, because of its
location, could reasonably be expected to cause significant and
substantial harm to the environment by discharging into or on
the navigable waters or adjoining shorelines or the exclusive
economic zone, and with respect to each response plan submitted
under this paragraph for a tank vessel, nontank vessel, or
offshore facility, the President shall--
``(i) promptly review the response plan;
``(ii) verify that the response plan complies with
subparagraph (A)(iv), relating to risk analyses;
``(iii) with respect to a plan for an offshore or
onshore facility or a tank vessel that carries
liquefied natural gas, provide an opportunity for
public notice and comment on the response plan;
``(iv) taking into consideration any public
comments received and other appropriate factors, as
determined by the President, require revisions to the
response plan;
``(v) approve, approve with revisions, or
disapprove the response plan;
``(vi) review the response plan periodically
thereafter, and if applicable requirements are not met,
acting through the head of the appropriate Federal
department or agency--
``(I) issue administrative orders directing
the owner, operator, or person in charge to
comply with the response plan or any regulation
issued under this section; or
``(II) assess civil penalties or conduct
other appropriate enforcement actions in
accordance with subsections (b)(6), (b)(7), and
(b)(8) for failure to develop, submit, receive
approval of, adhere to, or maintain the
capability to implement the response plan, or
failure to comply with any other requirement of
this section;
``(vii) acting through the head of the appropriate
Federal department or agency, conduct, at a minimum,
biennial inspections of the tank vessel, nontank
vessel, or facility to ensure compliance with the
response plan or identify deficiencies in such plan;
``(viii) acting through the head of the appropriate
Federal department or agency, make the response plan
available to the public, including on the Internet; and
``(ix) in the case of a plan for a nontank vessel,
consider any applicable State-mandated response plan in
effect on the date of enactment of the Coast Guard and
Maritime Transportation Act of 2004 and ensure
consistency to the extent practicable.''.
(3) Biennial report.--Section 311(j)(5) of such Act (33
U.S.C. 1321(j)(5)) is amended by adding at the end the
following:
``(J) Not later than 2 years after the date of enactment of
this subparagraph, and biennially thereafter, the President,
acting through the Administrator, the Secretary of the
department in which the Coast Guard is operating, and the
Secretary of Transportation, shall submit to Congress a report
containing the following information for each owner, operator,
or person in charge that submitted a response plan for a tank
vessel, nontank vessel, or facility under this paragraph:
``(i) The number of response plans approved,
disapproved, or approved with revisions under
subparagraph (E) annually for tank vessels, nontank
vessels, and facilities of the owner, operator, or
person in charge.
``(ii) The number of inspections conducted under
subparagraph (E) annually for tank vessels, nontank
vessels, and facilities of the owner, operator, or
person in charge.
``(iii) A summary of each administrative or
enforcement action concluded with respect each tank
vessel, nontank vessel, and facility of the owner,
operator, or person in charge, including a description
of the violation, the date of violation, the amount of
each penalty proposed, and the final assessment of each
penalty and an explanation for any reduction in a
penalty.''.
(4) Administrative provisions for facilities.--Section
311(m)(2) of such Act (33 U.S.C. 1321(m)(2)) is amended in each
of subparagraphs (A) and (B) by inserting ``, the Secretary of
Transportation,'' before ``or the Secretary of the department
in which the Coast Guard is operating''.
(b) Penalties.--
(1) Administrative penalties.--
(A) Authority of secretary of transportation to
assess penalties.--Section 311(b)(6)(A) of such Act (33
U.S.C. 1321(b)(6)(A)) is amended by inserting ``, the
Secretary of Transportation,'' before ``or the
Administrator''.
(B) Administrative penalties for failure to provide
notice.--Section 311(b)(6)(A) of such Act (33 U.S.C.
1321(b)(6)(A)) is further amended--
(i) in clause (i) by striking ``paragraph
(3), or'' and inserting ``paragraph (3),'';
(ii) in clause (ii) by striking ``any
regulation issued under subsection (j)'' and
inserting ``any order or action required by the
President under subsection (c) or (e) or any
regulation issued under subsection (d) or
(j)'';
(iii) by redesignating clause (ii) as
clause (iii);
(iv) by inserting after clause (i) the
following:
``(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
authority to issue regulations under subsection
(j), the head of the agency who issues
regulations pursuant to that authority 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
inserting ``$100,000''; and
(II) by striking ``$25,000'' and
inserting ``$250,000''; and
(ii) in clause (ii)--
(I) by striking ``$10,000'' and
inserting ``$100,000''; and
(II) by striking ``$125,000'' and
inserting ``$1,000,000''.
(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 inserting
``$100,000''; and
(ii) by striking ``$1,000'' and inserting
``$2,500'';
(B) in subparagraph (B)--
(i) by striking ``described in subparagraph
(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 pursuant 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
appropriate Federal agency pursuant to
paragraph (5), or''; and
(vi) by striking ``$25,000'' and inserting
``$100,000'';
(C) in subparagraph (C)--
(i) by striking ``(j)'' and inserting ``(d)
or (j)'';
(ii) by striking ``$25,000'' and inserting
``$100,000''; and
(iii) by adding at the end the following:
``Whenever the President delegates the
authority to issue regulations under subsection
(j), the head of the agency who issues
regulations pursuant to that authority shall
have the authority to seek injunctive relief or
assess a civil penalty in accordance with this
section for violations of such regulations and
the authority to refer the matter to the
Attorney General for action under subparagraph
(E).'';
(D) in subparagraph (D)--
(i) by striking ``$100,000'' and inserting
``$300,000''; and
(ii) by striking ``$3,000'' and inserting
``$7,500''; and
(E) in subparagraph (E) by adding at the end the
following: ``The court may award appropriate relief,
including a temporary or permanent injunction, civil
penalties, and punitive damages.''.
(3) Applicability.--The amendments made by this subsection
apply to--
(A) any claim arising from an event occurring after
the date of enactment of this Act; and
(B) any claim arising from an event occurring
before such date of enactment, if the claim is brought
within the limitations period applicable to the claim.
(c) Clarification of Federal Removal Authority.--Section
311(c)(1)(B)(ii) of such Act (33 U.S.C. 1321(c)(1)(B)(ii)) is amended
by striking ``direct'' and inserting ``direct, including through the
use of an administrative order,''.
SEC. 718. OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES.
Section 311(j) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)) is amended by adding at the end the following:
``(9) Oil and hazardous substance cleanup technologies.--
The President, acting through the Secretary of the department
in which the Coast Guard is operating, shall--
``(A) in coordination with the Secretary of the
Interior and the heads of other appropriate Federal
agencies, establish a process for--
``(i) quickly and effectively soliciting,
assessing, and deploying offshore oil and
hazardous substance cleanup technologies in the
event of a discharge or substantial threat of a
discharge of oil or a hazardous substance; and
``(ii) effectively coordinating with other
appropriate agencies, industry, academia, small
businesses, and others to ensure the best
technology available is implemented in the
event of such a discharge or threat; and
``(B) in coordination with the Secretary of the
Interior and the heads of other appropriate Federal
agencies, maintain a database on best available oil and
hazardous substance cleanup technologies in the event
of a discharge or substantial threat of a discharge of
oil or a hazardous substance.''.
SEC. 719. IMPLEMENTATION OF OIL SPILL PREVENTION AND RESPONSE
AUTHORITIES.
Section 311(l) of the Federal Water Pollution Control Act (33
U.S.C. 1321(l)) is amended--
(1) by striking ``(l) The President'' and inserting the
following:
``(l) Delegation and Implementation.--
``(1) Delegation.--The President''; and
(2) by adding at the end the following:
``(2) Environmental protection agency.--
``(A) In general.--The President shall delegate the
responsibilities under subparagraph (B) to the
Administrator.
``(B) Responsibilities.--With respect to onshore
facilities (other than transportation-related
facilities) and such offshore facilities as the
President may designate, the Administrator shall ensure
that Environmental Protection Agency personnel develop
and maintain operational capability--
``(i) for effective inspection, monitoring,
prevention, preparedness, and response
authorities related to the discharge or
substantial threat of a discharge of oil or a
hazardous substance;
``(ii) to protect water quality and the
environment from impacts of a discharge or
substantial threat of a discharge of oil or a
hazardous substance; and
``(iii) to review and approve of,
disapprove of, or require revisions (if
necessary) to facility response plans and to
carry out all other responsibilities under
subsection (j)(5)(E).
``(3) Coast guard.--
``(A) In general.--The President shall delegate the
responsibilities under subparagraph (B) to the
Secretary of the department in which the Coast Guard is
operating.
``(B) Responsibilities.--The Secretary shall ensure
that Coast Guard personnel develop and maintain
operational capability--
``(i) to establish and enforce regulations
and standards for procedures, methods,
equipment, and other requirements to prevent
and to contain a discharge of oil or a
hazardous substance from a tank vessel or
nontank vessel or such an offshore facility as
the President may designate;
``(ii) to establish and enforce
regulations, and to carry out all other
responsibilities, under subsection (j)(5) with
respect to such vessels and offshore facilities
as the President may designate; and
``(iii) to protect the environment and
natural resources from impacts of a discharge
or substantial threat of a discharge of oil or
a hazardous substance from such vessels and
offshore facilities as the President may
designate.
``(C) Role as first responder.--
``(i) In general.--The responsibilities
delegated to the Secretary under subparagraph
(B) shall be sufficient to allow the Coast
Guard to act as a first responder to a
discharge or substantial threat of a discharge
of oil or a hazardous substance from a tank
vessel, nontank vessel, or offshore facility.
``(ii) Capabilities.--The President shall
ensure that the Coast Guard has sufficient
personnel and resources to act as a first
responder as described in clause (i), including
the resources necessary for on-going training
of personnel, acquisition of equipment
(including containment booms, dispersants, and
skimmers), and prepositioning of equipment.
``(D) Contracts.--The Secretary may enter into
contracts with private and nonprofit organizations for
personnel and equipment in carrying out the
responsibilities delegated to the Secretary under
subparagraph (B).
``(4) Department of transportation.--
``(A) In general.--The President shall delegate the
responsibilities under subparagraph (B) to the
Secretary of Transportation.
``(B) Responsibilities.--The Secretary of
Transportation shall--
``(i) establish and enforce regulations and
standards for procedures, methods, equipment,
and other requirements to prevent and to
contain discharges of oil and hazardous
substances from transportation-related onshore
facilities;
``(ii) have the authority to review and
approve of, disapprove of, or require revisions
(if necessary) to transportation-related
onshore facility response plans and to carry
out all other responsibilities under subsection
(j)(5)(E); and
``(iii) ensure that Department of
Transportation personnel develop and maintain
operational capability--
``(I) for effective inspection,
monitoring, prevention, preparedness,
and response authorities related to the
discharge or substantial threat of a
discharge of oil or a hazardous
substance from a transportation-related
onshore facility; and
``(II) to protect the environment
and natural resources from the impacts
of a discharge or substantial threat of
a discharge of oil or a hazardous
substance from a transportation-related
onshore facility.
``(5) Department of the interior.--
``(A) In general.--The President shall delegate the
responsibilities under subparagraph (B) to the
Secretary of the Interior.
``(B) Responsibilities.--The Secretary of the
Interior shall--
``(i) establish and enforce regulations and
standards for procedures, methods, equipment,
and other requirements to prevent and to
contain discharges of oil and hazardous
substances from such offshore facilities as the
President may designate;
``(ii) establish and enforce regulations to
carry out all other responsibilities under
subsection (j)(5) for such offshore facilities
as the President may designate;
``(iii) have the authority to review and
approve of, disapprove of, or require revisions
(if necessary) to offshore facility response
plans under subsection (j)(5) for such offshore
facilities as the President may designate; and
``(iv) ensure that Department of the
Interior personnel develop and maintain
operational capability for effective
inspection, monitoring, prevention, and
preparedness authorities related to the
discharge or a substantial threat of a
discharge of oil or hazardous material from
such offshore facilities as the President may
designate.''.
SEC. 720. IMPACTS TO INDIAN TRIBES AND PUBLIC SERVICE DAMAGES.
(a) In General.--Section 1002(b)(2) of the Oil Pollution Act of
1990 (33 U.S.C. 2702(b)(2)) is amended--
(1) in subparagraph (D) by striking ``or a political
subdivision thereof'' and inserting ``a political subdivision
of a State, or an Indian tribe''; and
(2) in subparagraph (F) by striking ``by a State'' and all
that follows before the period and inserting ``the United
States, a State, a political subdivision of a State, or an
Indian tribe''.
(b) Applicability.--The amendments made by this section apply to--
(1) any claim arising from an event occurring after the
date of enactment of this Act; and
(2) any claim arising from an event occurring before such
date of enactment, if the claim is brought within the
limitations period applicable to the claim.
SEC. 721. FEDERAL ENFORCEMENT ACTIONS.
Section 309(g)(6)(A) of the Federal Water Pollution Control Act (33
U.S.C. 1319(g)(6)(A)) is amended by striking ``or section 311(b)''.
SEC. 722. TIME REQUIRED BEFORE ELECTING TO PROCEED WITH JUDICIAL CLAIM
OR AGAINST THE FUND.
Paragraph (2) of section 1013(c) of the Oil Pollution Act of 1990
(33 U.S.C. 2713(c)) is amended by striking ``90'' and inserting ``45''.
SEC. 723. AUTHORIZED LEVEL OF COAST GUARD PERSONNEL.
The authorized end-of-year strength for active duty personnel of
the Coast Guard for fiscal year 2011 is hereby increased by 300
personnel, above any other level authorized by law, for implementing
the activities of the Coast Guard under this title, including the
amendments made by this title.
SEC. 724. CLARIFICATION OF MEMORANDUMS OF UNDERSTANDING.
Not later than September 30, 2011, the President (acting through
the head of the appropriate Federal department or agency) shall
implement or revise, as appropriate, memorandums of understanding to
clarify the roles and jurisdictional responsibilities of the
Environmental Protection Agency, the Coast Guard, the Department of the
Interior, the Department of Transportation, and other Federal agencies
relating to the prevention of oil discharges from tank vessels, nontank
vessels, and facilities subject to the Oil Pollution Act of 1990.
SEC. 725. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES.
(a) In General.--Title VI of the Oil Pollution Act of 1990 (33
U.S.C. 2751 et seq.) is amended by adding at the end the following:
``SEC. 6005. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES.
``(a) Build America Requirement.--Except as provided by subsection
(b), a person may not use an offshore facility to engage in support of
exploration, development, or production of oil or natural gas in, on,
above, or below the exclusive economic zone unless the facility was
built in the United States, including construction of any major
component of the hull or superstructure of the facility.
``(b) Waiver Authority.--A person seeking to charter an offshore
facility in the exclusive economic zone may seek a waiver of subsection
(a). The Secretary may waive subsection (a) if the Secretary, in
consultation with the Secretary of the Interior and the Secretary of
Transportation, finds that--
``(1) the offshore facility was built in a foreign country
and is under contract, on the date of enactment of this
section, in support of exploration, development, or production
of oil or natural gas in, on, above, or below the exclusive
economic zone;
``(2) an offshore facility built in the United States is
not available within a reasonable period of time, as defined in
subsection (e), or of sufficient quality to perform drilling
operations required under a contract; or
``(3) an emergency requires the use of an offshore facility
built in a foreign country.
``(c) Written Justification and Public Notice of Nonavailability
Waiver.--When issuing a waiver based on a determination under
subsection (b)(2), the Secretary shall issue a detailed written
justification as to why the waiver meets the requirement of such
subsection. The Secretary shall publish the justification in the
Federal Register and provide the public with 45 days for notice and
comment.
``(d) Final Decision.--The Secretary shall approve or deny any
waiver request submitted under subsection (b) not later than 90 days
after the date of receipt of the request.
``(e) Reasonable Period of Time Defined.--For purposes of
subsection (b)(2), the term `reasonable period of time' means the time
needed for a person seeking to charter an offshore facility in the
exclusive economic zone to meet the requirements in the primary term of
the person's lease.''.
(b) Clerical Amendment.--The table of contents contained in section
2 of such Act is amended by inserting after the item relating to
section 6004 the following:
``Sec. 6005. Build America requirement for offshore facilities.''.
SEC. 726. OIL SPILL RESPONSE VESSEL DATABASE.
(a) Requirement.--Not later than 90 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall complete
an inventory of all vessels operating in the waters of the United
States that are capable of meeting oil spill response needs designated
in the National Contingency Plan authorized by section 311(d) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(d)).
(b) Categorization.--The inventory required under subsection (a)
shall categorize such vessels by capabilities, type, function, and
location.
(c) Maintenance of Database.--The Commandant shall maintain a
database containing the results of the inventory required under
subsection (a) and update the information in the database on no less
than a quarterly basis.
(d) Availability.--The Commandant may make information regarding
the location and capabilities of oil spill response vessels available
to a Federal On-Scene Coordinator designated under section 311 of such
Act (33 U.S.C. 1321) to assist in the response to an oil spill or other
incident in the waters of the United States.
SEC. 727. OFFSHORE SENSING AND MONITORING SYSTEMS.
(a) Requirement.--Subtitle A of title IV of the Oil Pollution Act
of 1990 is amended by adding at the end the following new section:
``SEC. 4119. OFFSHORE SENSING AND MONITORING SYSTEMS.
``(a) In General.--The equipment required to be available under
section 311(j)(5)(D)(iii) of the Federal Water Pollution Control Act
for facilities listed in section 311(j)(5)(C)(iii) of such Act and
located in more than 500 feet of water includes sensing and monitoring
systems that meet the requirements of this section.
``(b) Systems Requirements.--Sensing and monitoring systems
required under subsection (a) shall--
``(1) use an integrated, modular, expandable, multi-sensor,
open-architecture design and technology with interoperable
capability;
``(2) be capable of--
``(A) operating for at least 25 years;
``(B) real-time physical, biological, geological,
and environmental monitoring;
``(C) providing alerts in the event of anomalous
circumstances;
``(D) providing docking bases to accommodate
spatial sensors for remote inspection and monitoring;
and
``(E) collecting chemical boundary condition data
for drift and flow modeling; and
``(3) include--
``(A) an uninterruptible power source;
``(B) a spatial sensor;
``(C) secure Internet access to real-time physical,
biological, geological, and environmental monitoring
data gathered by the system sensors; and
``(D) a process by which such observation data and
information will be made available to Federal
Regulators and to the system established under section
12304 of Public Law 111-11 (33 U.S.C. 3603).''.
(b) Request for Information.--Within 60 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall issue a request for information to
determine the most capable and efficient domestic systems that meet the
requirements under section 4119 of the Oil Pollution Act of 1990, as
amended by this section.
(c) Implementing Regulations.--Within 180 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall issue regulations to implement section
4119 of the Oil Pollution Act of 1990 as amended by this section.
(d) Clerical Amendment.--The table of contents in section 2 of the
Oil Pollution Act of 1990 is amended by adding at the end of the items
relating to such subtitle the following new item:
``Sec. 4119. Offshore sensing and monitoring systems.''.
SEC. 728. OIL AND GAS EXPLORATION AND PRODUCTION.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended--
(1) by striking paragraph (24); and
(2) by redesignating paragraph (25) as paragraph (24).
SEC. 729. LEAVE RETENTION AUTHORITY.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
``(a) In General.--A duty assignment for an active duty member of
the Coast Guard in support of a declaration of a major disaster or
emergency by the President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to
a spill of national significance shall be treated, for the purpose of
section 701(f)(2) of title 10, as a duty assignment in support of a
contingency operation.
``(b) Definitions.--In this section:
``(1) Spill of national significance.--The term `spill of
national significance' means a discharge of oil or a hazardous
substance that is declared by the Commandant to be a spill of
national significance.
``(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 Pollution Act of 1990 (33 U.S.C.
2712(a)(5)(A)), there is authorized to be appropriated to the Secretary
of the department 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 addition 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 amendments made by
this title $10,000,000 for each of fiscal years 2011 through 2015.
(c) Department of Transportation.--In addition 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 interest.--Any
person, other than an individual, having an ownership
interest (directly or indirectly) in any entity
described in any of subparagraphs (A) through (F) of
more than 25 percent, in the aggregate, of the total
ownership interests in such entity, if the assets of
such entity 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 POLLUTION ACT OF 1990.
The Oil Pollution Act of 1990 is amended--
(1) in section 1013 (33 U.S.C. 2713), by inserting after
subsection (d) the following:
``(e) Limitation on Release of Liability.--No release of liability
in connection with compensation received by a claimant under this Act
shall apply to liability for any tope of harm unless--
``(1) the claimant presented a claim under subsection (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 section 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);
(B) striking the period at the end of paragraph (2)
and inserting ``; and''; and
(C) inserting after paragraph (2) the following:
``(3) with respect to a claim described in section 1013(e),
affect, or be construed or interpreted to affect or modify in
any way, the obligations or liabilities 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 salvage
activities'' after ``removal''; and
(2) in subsection (c)(4)(A) by inserting ``or conducting
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;
``(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 LICENSE AUTHORIZING
DRILLING FOR OIL AND GAS.
``The Secretary may not issue any license or permit authorizing
drilling for oil and gas on the Outer Continental 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 INDUSTRY.
(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
offshore Alaska'' after ``West longitude''.
(b) Provisions Relating to Naval Petroleum Reserve in Alaska.--
Section 107 of the Naval Petroleum Reserves Production Act of 1976 (as
transferred, redesignated, moved, and amended by section 347 of the
Energy 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 produced 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 section.
(d) Regulations.--The Secretary may issue regulations 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.
SEC. 803. LEASING ON INDIAN LANDS.
Nothing in this Act modifies, amends, or affects leasing on Indian
lands as currently carried out by the Bureau of Indian Affairs.
SEC. 804. OUTER CONTINENTAL SHELF STATE BOUNDARIES.
(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 determination 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 Secretary shall comply with the notice
and comment requirements under chapter 5 of title 5, United States
Code.
(c) Savings Clause.--The determination and publication 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.
SEC. 805. LIABILITY FOR DAMAGES TO NATIONAL WILDLIFE REFUGES.
Section 4 of the National Wildlife Refuge System Administration 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 injures 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 destruction, loss,
or injury; and
``(ii) interest on that amount calculated
in the manner described under section 1005 of
the Oil Pollution Act of 1990 (33 U.S.C. 2705).
``(B) Liability in rem.--Any instrumentality,
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, 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 injury
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 liability of any person
under this section.
``(2) Response actions.--The Secretary may undertake or
authorize all necessary actions to prevent or minimize the
destruction or loss of, or injury to, refuge resources, or to
minimize the imminent risk of such destruction, loss, or
injury.
``(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 instrumentality 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 action 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 action
against a person;
``(ii) the instrumentality is located, in
the case of an action against an
instrumentality; or
``(iii) the destruction of, loss of, or
injury to a refuge resource occurred.
``(4) Use of recovered amounts.--Response costs and damages
recovered by the Secretary under this subsection shall be
retained by the Secretary in the manner provided for in section
107(f)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1))
and used as follows:
``(A) Response costs.--Amounts recovered by the
United States for costs of response actions and damage
assessments under this subsection shall be used, as the
Secretary considers appropriate--
``(i) to reimburse the Secretary or any
other Federal or State agency that conducted
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 resources;
``(ii) to restore degraded refuge resources
of the refuge that was the subject of the
action, giving priority to refuge resources
that are comparable to the refuge resources
that were the subject of the action; and
``(iii) to restore degraded refuge
resources of other refuges.
``(5) Definitions.--In this subsection, the term--
``(A) `damages' includes--
``(i) compensation for--
``(I)(aa) the cost of replacing,
restoring, or acquiring the equivalent
of a refuge resource; and
``(bb) the value of the lost use of
a refuge resource pending its
restoration or replacement or the
acquisition of an equivalent refuge
resource; or
``(II) the value of a refuge
resource if the refuge resource cannot
be restored or replaced or if the
equivalent of such resource cannot be
acquired;
``(ii) the cost of conducting damage
assessments;
``(iii) the reasonable cost of monitoring
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, including costs related to seizure,
forfeiture, storage, or disposal arising from
liability, or to monitor ongoing effects of incidents
causing such destruction, 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 restoration mission of
the System, including living or nonliving resources of
a marine national monument that may be managed as a
unit of the System.''.
SEC. 806. 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 RESPONSE 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 social 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 natural
resource of the coastal zone; and
``(2) to review and revise where necessary applicable
enforceable policies within approved State management programs
affecting coastal energy activities and energy to ensure that
these policies are consistent with--
``(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 paragraphs (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 procedures 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 essential
to facilitate spill or accident response activities;
``(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 efficient and timely dissemination
of data and other information;
``(4) inventories of shore locations and infrastructure and
equipment necessary to respond to oil spills or other accidents
resulting from Outer Continental Shelf energy activities;
``(5) identification and characterization of significant or
sensitive marine ecosystems or other areas possessing important
conservation, recreational, 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 enforceable policies and
procedures under this section pursuant to sections 306(d)(1) and
306(e), especially by relevant Federal agencies, other coastal state
agencies, local governments, regional organizations, port authorities,
and other interested parties and stakeholders, public and private, that
are related to, or affected by Outer Continental Shelf energy
activities.
``(e) Annual Grants.--
``(1) In general.--For each of fiscal years 2011 through
2015, the Secretary may make a grant to a coastal state to
develop new enforceable polices and procedures as required
under this section.
``(2) Grant amounts and limit on awards.--The amount of any
grant to any one coastal State under this section shall not
exceed $750,000 for any fiscal year. No coastal state may
receive more than two grants under this section.
``(3) No state matching contribution required.--As it is in
the national interest to be able to respond efficiently and
effectively at all levels of government to oil spills and other
accidents resulting from Outer Continental Shelf energy
activities, a coastal state shall not be required to contribute
any portion of the cost of a grant awarded under this section.
``(4) Secretarial review and limit on awards.--After an
initial grant is made to a coastal state under this section, no
subsequent grant may be made to that coastal state under this
section unless the Secretary finds that the coastal state is
satisfactorily developing revisions to address offshore energy
impacts. No coastal state is eligible to receive grants under
this section for more than 2 fiscal years.
``(f) Applicability.--The requirements of this section shall only
apply if appropriations are provided to the Secretary to make grants
under this section. This section shall not be construed to convey any
new authority to any coastal state, or repeal or supersede any existing
authority of any coastal state, to regulate the siting, licensing,
leasing, or permitting of energy facilities in areas of the Outer
Continental Shelf under the administration of the Federal Government.
Nothing in this section repeals or supersedes any existing coastal
state authority.
``(g) Assistance by the Secretary.--The Secretary as authorized
under section 310(a) and to the extent practicable, shall make
available to coastal states the resources and capabilities of the
National Oceanic and Atmospheric Administration to provide technical
assistance to the coastal states to prepare revisions to approved
management programs to meet the requirements under this section.''.
SEC. 807. INFORMATION SHARING.
Section 388(b) of the Energy Policy Act of 2005 (43 U.S.C. 1337
note) is amended by adding at the end the following:
``(4) Availability of data and information.--All heads of
departments and agencies of the Federal Government shall, upon
request of the Secretary, provide to the Secretary all data and
information that the Secretary deems necessary for the purpose
of including such data and information in the mapping
initiative, except that no department or agency of the Federal
Government shall be required to provide any data or information
that is privileged or proprietary.''.
SEC. 808. LIMITATION ON USE OF FUNDS.
None of the funds authorized or made available by this Act may be
used to carry out any activity or pay any costs for removal or damages
for which a responsible party (as such term is defined in section 1001
of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) is liable under the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) or other law.
SEC. 809. ENVIRONMENTAL REVIEW.
Section 390 of the Energy Policy Act of 2005 (Public Law 109-58; 42
U.S.C. 15942) is repealed.
SEC. 810. FEDERAL RESPONSE TO STATE PROPOSALS TO PROTECT STATE LANDS
AND WATERS.
Any State shall be entitled to timely decisions regarding permit
applications or other approvals from any Federal official, including
the Secretary of the Interior or the Secretary of Commerce, for any
State or local government response activity to protect State lands and
waters that is directly related to the discharge of oil determined to
be a spill of national significance. Within 48 hours of the receipt of
the State application or request for approval, the Federal official
shall provide a clear determination on the permit application or
approval request to the State, or provide a definite date by which the
determination shall be made to the State. If the Federal official fails
to meet either of these deadlines, the permit application is presumed
to be approved or other approval granted.
SEC. 811. GOVERNMENT ACCOUNTABILITY OFFICE EVALUATION.
(a) Evaluation.--The Comptroller General shall conduct an
evaluation of the Department of the Interior to determine--
(1) whether the reforms carried out under this Act and the
amendments made by this Act address concerns of the Government
Accountability Office and the Inspector General expressed
before the date of enactment of this Act;
(2) whether the increased hiring authority given to the
Secretary of the Interior under this Act and the amendments
made by this Act has resulted in the Department of the Interior
being more effective in addressing its oversight missions; and
(3) whether there has been a sufficient reduction in the
conflict between mission and interest within the Department of
the Interior.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report
containing the results of the evaluation conducted under subsection
(a).
SEC. 812. STUDY ON RELIEF WELLS.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall enter into an arrangement with the National Academy of
Engineering under which the Academy shall, not later than 1 year after
such arrangement is entered into, submit to the Secretary and to
Congress a report that assesses the economic, safety, and environmental
impacts of requiring that 1 or more relief wells be drilled in tandem
with the drilling of some or all wells subject to the requirements of
this Act and the amendments made by this Act.
TITLE IX--STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF
ROYALTIES
SEC. 901. SHORT TITLE.
This title may be cited as the ``Study of Ways to Improve the
Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas
Royalties Act of 2010''.
SEC. 902. STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF
FEDERAL OIL, CONDENSATE, AND NATURAL GAS ROYALTIES.
The Secretary of the Interior shall seek to enter into an
arrangement with the National Academy of Engineering under which the
Academy, by not later than six months after the date of the enactment
of this Act, shall study and report to the Secretary regarding whether
the accuracy of collection of royalties on production of oil,
condensate, and natural gas under leases of Federal lands (in eluding
submerged and deep water lands) and Indian lands would be improved by
any of the following:
(1) Requiring the installation of digital meters,
calibrated at least monthly to an absolute zero value, for all
lands from which natural gas (including condensate) is produced
under such leases.
(2) Requiring that--
(A) the size of every orifice plate on each natural
gas well operated under such leases be inspected at
least quarterly by the Secretary; and
(B) chipped orifice plates and wrong-sized orifice
plates be replaced immediately after those inspections
and reported to the Secretary for retroactive volume
measurement corrections and royalty payments with
interest of 8 percent compounded monthly.
(3) Requiring that any plug valves that are in natural gas
gathering lines be removed and replaced with ball valves.
(4) Requiring that--
(A) all meter runs should be opened for inspection
by the Secretary and the producer at all times; and
(B) any welding or closing of the meter runs
leading to the orifice plates should be prohibited
unless authorized by the Secretary.
(5) Requiring the installation of straightening vanes
approximately 10 feet before natural gas enters each orifice
meter, including each master meter and each sales meter.
(6) Requiring that all master meters be inspected and the
results of such inspections be made available to the Secretary
and the producers immediately.
(7) Requiring that--
(A) all sampling of natural gas for heating content
analysis be performed monthly upstream of each natural
gas meter, including upstream of each master meter;
(B) records of such sampling and heating content
analysis be maintained by the purchaser and made
available to the Secretary and to the producer monthly;
(C) probes for such upstream sampling be installed
upstream within three feet of each natural gas meter;
(D) any oil and natural gas lease for which heat
content analysis is falsified shall be subject to
cancellation;
(E) natural gas sampling probes be located--
(i) upstream of the natural gas meter at
all times;
(ii) within a few feet of the natural gas
meter; and
(iii) after the natural gas goes through a
Welker or Y-Z vanishing chamber; and
(F) temperature probes and testing probes be
located between the natural gas sampling probe and the
orifice of the natural gas meter.
(8) Prohibiting the dilution of natural gas with inert
nitrogen or inert carbon dioxide gas for royalty determination,
sale, or resale at any point.
(9) Requiring that both the measurement of the volume of
natural gas and the heating content analyses be reported only
on the basis of 14.73 PSI and 60 degrees Fahrenheit, regardless
of the elevation above sea level of such volume measurement and
heating content analysis, for both purchases and sales of
natural gas.
(10) Prohibiting the construction of bypass pipes that go
around the natural gas meter, and imposing criminal penalties
for any such construction or subsequent removal including, but
not limited to, automatic cancellation of the lease.
(11) Requiring that all natural gas sold to consumers have
a minimum BTU content of 960 at an atmospheric pressure of
14.73 PSI and be at a temperature of 60 degrees Fahrenheit, as
required by the State of Wyoming Public Utilities Commission.
(12) Requiring that all natural gas sold in the USA will be
on a MMBTU basis with the BTU content adjusted for elevation
above sea level in higher altitudes. Thus all natural gas
meters must correct for BTU content in higher elevations
(altitudes).
(13) Issuance by the Secretary of rules for the measurement
at the wellhead of the standard volume of natural gas produced,
based on independent industry standards such as those suggested
by the American Society of Testing Materials (ASTM).
(14) Requiring use of the fundamental orifice meter mass
flow equation, as revised in 1990, for calculating the standard
volume of natural gas produced.
(15) Requiring the use of Fpv in standard volume
measurement computations as described in the 1992 American Gas
Association Report No. 8 entitled Compressibility Factor of
Natural Gas and Other Related Hydrocarbon Gases.
(16) Requiring that gathering lines must be constructed so
as to have as few angles and turns as possible, with a maximum
of three angles, before they connect with the natural gas
meter.
(17) Requiring that for purposes of reporting the royalty
value of natural gas, condensate, oil, and associated natural
gases, such royalty value must be based upon the natural gas'
condensate's, oil's, and associated natural gases' arm's
length, independent market value, as reported in independent,
respected market reports such as Platts or Bloombergs, and not
based upon industry controlled posted prices, such as Koch's.
(18) Requiring that royalties be paid on all the condensate
recovered through purging gathering lines and pipelines with a
cone-shaped device to push out condensate (popularly referred
to as a pig) and on condensate recovered from separators,
dehydrators, and processing plants.
(19) Requiring that all royalty deductions for dehydration,
treating, natural gas gathering, compression, transportation,
marketing, removal of impurities such as carbon dioxide
(CO<INF>2</INF>), nitrogen (N<INF>2</INF>), hydrogen sulphide
(H<INF>2</INF>S), mercaptain (HS), helium (He), and other
similar charges on natural gas, condensate, and oil produced
under such leases that are now in existence be eliminated.
(20) Requiring that at all times--
(A) the quantity, quality, and value obtained for
natural gas liquids (condensate) be reported to the
Secretary; and
(B) such reported value be based on fair
independent arm's length market value.
(21) Issuance by the Secretary of regulations that prohibit
venting or flaring (or both) of natural gas in cases for which
technology exists to reasonably prevent it, strict enforcement
of such prohibitions, and cancellation of leases for
violations.
(22) Requiring lessees to pay full royalties on any natural
gas that is vented, flared, or otherwise avoidably lost.
(23)(A) Requiring payment of royalties on carbon dioxide at
the wellhead used for tertiary oil recovery from depleted oil
fields on the basis of 5 percent of the West Texas Intermediate
crude oil fair market price to be used for one MCF (1,000 cubic
feet) of carbon dioxide gas.
(B) Requiring that--
(i) carbon dioxide used for edible purposes should
be subjected to a royalty per thousand cubic feet (MCF)
on the basis of the sales price at the downstream
delivery point without deducting for removal of
impurities, processing, transportation, and marketing
costs;
(ii) such price to apply with respect to gaseous
forms, liquid forms, and solid (dry ice) forms of
carbon dioxide converted to equivalent MCF; and
(iii) such royalty to apply with respect to both a
direct producer of carbon dioxide and purchases of
carbon dioxide from another person that is either
affiliated or not affiliated with the purchaser.
(24) Requiring that--
(A) royalties be paid on the fair market value of
nitrogen extracted from such leases that is used
industrially for well stimulation, helium recovery, or
other uses; and
(B) royalties be paid on the fair market value of
ultimately processed helium recovered from such leases.
(25) Allowing only 5 percent of the value of the elemental
sulfur recovered during processing of hydrogen sulfide gas from
such leases to be deducted for processing costs in determining
royalty payments.
(26) Requiring that all heating content analysis of natural
gas be conducted to a minimum level of C<INF>15</INF>.
(27) Eliminating artificial conversion from dry BTU to wet
BTU, and requiring that natural gas be analyzed and royalties
paid for at all times on the basis of dry BTU only.
(28) Requiring that natural gas sampling be performed at
all times with a floating piston cylinder container at the same
pressure intake as the pressure of the natural gas gathering
line.
(29) Requiring use of natural gas filters with a minimum of
10 microns, and preferably 15 microns, both in the intake to
natural gas sampling containers and in the exit from the
natural gas sampling containers into the chromatograph.
(30) Mandate the use of a Quad Unit for both portable and
stationary chromatographs in order to correct for the presence
of nitrogen and oxygen, if any, in certain natural gas streams.
(31) Require the calibration of all chromatograph equipment
every three months and the use of only American Gas
Association-approved standard comparison containers for such
calibration.
(32) Requiring payment of royalties on any such natural gas
stored on Federal or Indian lands on the basis of corresponding
storage charges for the use of Federal or Indian lands,
respectively, for such storage service.
(33) Imposing penalties for the intentional nonpayment of
royalties for natural gas liquids recovered--
(A) from purging of natural gas gathering lines and
natural gas pipelines; or
(B) from field separators, dehydrators, and
processing plants,
including cancellation of oil and natural gas leases and
criminal penalties.
(34) Requiring that the separator, dehydrator, and natural
gas meter be located within 100 feet of each natural gas
wellhead.
(35) Requiring that BTU heating content analysis be
performed when the natural gas is at a temperature of 140 to
150 degrees Fahrenheit at all times, as required by the
American Gas Association (AGA) regulations.
(36) Requiring that heating content analysis and volume
measurements are identical at the sales point to what they are
at the purchase point, after allowing for a small volume for
leakage in old pipes, but with no allowance for heating content
discrepancy.
(37) Verification by the Secretary that the specific
gravity of natural gas produced under such leases, as measured
at the meter run, corresponds to the heating content analysis
data for such natural gas, in accordance with the Natural Gas
Processors Association Publication 2145-71(1), entitled
``Physical Constants Of Paraffin Hydrocarbons And Other
Components Of Natural Gas'', and reporting of all discrepancies
immediately.
(38) Prohibiting all deductions on royalty payments for
marketing of natural gas, condensate, and oil by an affiliate
or agent.
(39) Requiring that all standards of the American Petroleum
Institute, the American Gas Association, the Gas Processors
Association, and the American Society of Testing Materials,
Minerals Management Service Order No. 5, and all other Minerals
Management Service orders be faithfully observed and applied,
and willful misconduct of such standards and orders be subject
to oil and gas lease cancellation.
SEC. 903. DEFINITIONS.
In this title:
(1) Covered lands.--The term ``covered lands'' means--
(A) all Federal onshore lands and offshore lands
that are under the administrative jurisdiction of the
Department of the Interior for purposes of oil and gas
leasing; and
(B) Indian onshore lands.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE X--OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Offshore Oil and Gas Worker
Whistleblower Protection Act of 2010''.
SEC. 1002. WHISTLEBLOWER PROTECTIONS; EMPLOYEE PROTECTION FROM OTHER
RETALIATION.
(a) Prohibition Against Retaliation.--
(1) In general.--No employer may discharge or otherwise
discriminate against a covered employee because the covered
employee, whether at the covered employee's initiative or in
the ordinary course of the covered employee's duties--
(A) provided, caused to be provided, or is about to
provide or cause to be provided to the employer or to a
Federal or State Government official, information
relating to any violation of, or any act or omission
the covered employee reasonably believes to be a
violation of, any provision of the Outer Continental
Shelf Lands Act (43 U.S.C. 1301 et seq.), or any order,
rule, regulation, standard, or prohibition under that
Act, or exercised any rights provided to employees
under that Act;
(B) testified or is about to testify in a
proceeding concerning such violation;
(C) assisted or participated or is about to assist
or participate in such a proceeding;
(D) testified or is about to testify before
Congress on any matter covered by such Act;
(E) objected to, or refused to participate in any
activity, policy, practice, or assigned task that the
covered employee reasonably believed to be in violation
of any provision of such Act, or any order, rule,
regulation, standard, or ban under such Act;
(F) reported to the employer or a State or Federal
Government official any of the following related to the
employer's activities described in section 1003(1): an
illness, injury, unsafe condition, or information
regarding the adequacy of any oil spill response plan
required by law; or
(G) refused to perform the covered employee's
duties, or exercised stop work authority, related to
the employer's activities described in section 1003(1)
if the covered employee had a good faith belief that
performing such duties could result in injury to or
impairment of the health of the covered employee or
other employees, or cause an oil spill to the
environment.
(2) Good faith belief.--For purposes of paragraph (1)(E),
the circumstances causing the covered employee's good faith
belief that performing such duties would pose a health and
safety hazard shall be of such a nature that a reasonable
person under circumstances confronting the covered employee
would conclude there is such a hazard.
(b) Process.--
(1) In general.--A covered employee who believes that he or
she has been discharged or otherwise discriminated against
(hereafter referred to as the ``complainant'') by any employer
in violation of subsection (a)(1) may, not later than 180 days
after the date on which such alleged violation occurs or the
date on which the covered employee knows or should reasonably
have known that such alleged violation occurred, file (or have
any person file on his or her behalf) a complaint with the
Secretary of Labor (referred to in this section as the
``Secretary'') alleging such discharge or discrimination and
identifying employer or employers responsible for such act.
Upon receipt of such a complaint, the Secretary shall notify,
in writing, the employer or employers named in the complaint of
the filing of the complaint, of the allegations contained in
the complaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be afforded to
such person under paragraph (2).
(2) Investigation.--
(A) In general.--Not later than 90 days after the
date of receipt of a complaint filed under paragraph
(1) the Secretary shall initiate an investigation and
determine whether there is reasonable cause to believe
that the complaint has merit and notify, in writing,
the complainant and the employer or employers alleged
to have committed a violation of subsection (a)(1) of
the Secretary's findings. The Secretary shall, during
such investigation afford the complainant and the
employer or employers named in the complaint an
opportunity to submit to the Secretary a written
response to the complaint and an opportunity to meet
with a representative of the Secretary to present
statements from witnesses. The complainant shall be
provided with an opportunity to review the information
and evidence provided by employer or employers to the
Secretary, and to review any response or rebuttal by
such the complaint, as part of such investigation.
(B) Reasonable cause found; preliminary order.--If
the Secretary concludes that there is reasonable cause
to believe that a violation of subsection (a)(1) has
occurred, the Secretary shall accompany the Secretary's
findings with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than 30 days
after the date of notification of findings under this
paragraph, the employer or employers alleged to have
committed the violation or the complainant may file
objections to the findings or preliminary order, or
both, and request a hearing on the record before an
administrative law judge of the Department of Labor.
The filing of such objections shall not operate to stay
any reinstatement remedy contained in the preliminary
order. Any such hearing shall be conducted
expeditiously. If a hearing is not requested in such
30-day period, the preliminary order shall be deemed a
final order that is not subject to judicial review. The
Secretary of Labor is authorized to enforce preliminary
reinstatement orders in the United States district
court for the district in which the violation was found
to occur, or in the United States district court for
the District of Columbia.
(C) Dismissal of complaint.--
(i) Standard for complainant.--The
Secretary shall dismiss a complaint filed under
this subsection and shall not conduct an
investigation otherwise required under
subparagraph (A) unless the complainant makes a
prima facie showing that any behavior described
in subparagraphs (A) through (G) of subsection
(a)(1) was a contributing factor in the adverse
action alleged in the complaint.
(ii) Standard for employer.--
Notwithstanding a finding by the Secretary that
the complainant has made the showing required
under clause (i), no investigation otherwise
required under subparagraph (A) shall be
conducted if the employer demonstrates, by
clear and convincing evidence, that the
employer would have taken the same adverse
action in the absence of that behavior.
(iii) Violation standard.--The Secretary
may determine that a violation of subsection
(a)(1) has occurred only if the complainant
demonstrates that any behavior described in
subparagraphs (A) through (G) of such
subsection was a contributing factor in the
adverse action alleged in the complaint.
(iv) Relief standard.--Relief may not be
ordered under subparagraph (A) if the employer
demonstrates by clear and convincing evidence
that the employer would have taken the same
adverse action in the absence of that behavior.
(3) Orders.--
(A) In general.--Not later than 90 days after the
receipt of a request for a hearing under subsection
(b)(2)(B), the administrative law judge shall issue
findings of fact and order the relief provided under
this paragraph or deny the complaint. At any time
before issuance of an order, a proceeding under this
subsection may be terminated on the basis of a
settlement agreement entered into by the Secretary, the
complainant, and the person alleged to have committed
the violation. Such a settlement may not be agreed by
such parties if it contains conditions which conflict
with rights protected under this title, are contrary to
public policy, or include a restriction on a
complainant's right to future employment with employers
other than the specific employers named in the
complaint.
(B) Content of order.--If, in response to a
complaint filed under paragraph (1), the administrative
law judge determines that a violation of subsection
(a)(1) has occurred, the administrative law judge shall
order the employer or employers who committed such
violation--
(i) to take affirmative action to abate the
violation;
(ii) to reinstate the complainant to his or
her former position together with compensation
(including back pay and prejudgment interest)
and restore the terms, conditions, and
privileges associated with his or her
employment; and
(iii) to provide compensatory and
consequential damages, and, as appropriate,
exemplary damages to the complainant.
(C) Attorney fees.--If such an order is issued
under this paragraph, the Secretary, at the request of
the complainant, shall assess against the employer or
employers a sum equal to the aggregate amount of all
costs and expenses (including attorneys' and expert
witness fees) reasonably incurred by the complainant
for, or in connection with, the bringing of the
complaint upon which the order was issued at the
conclusion of any stage of the proceeding.
(D) Bad faith claim.--If the Secretary finds that a
complaint under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary may award to the
prevailing employer reasonable attorneys' fees, not
exceeding $1,000, to be paid by the complainant.
(E) Administrative appeal.--Not later than 30 days
after the receipt of findings of fact or an order under
subparagraph (B), the employer or employers alleged to
have committed the violation or the complainant may
file, with objections, an administrative appeal with
the Secretary, who may designate such appeal to a
review board. In reviewing a decision and order of the
administrative law judge, the Secretary shall affirm
the decision and order if it is determined that the
factual findings set forth therein are supported by
substantial evidence and the decision and order are
made in accordance with applicable law. The Secretary
shall issue a final decision and order affirming, or
reversing, in whole or in part, the decision under
review within 90 days after receipt of the
administrative appeal under this subparagraph. If it is
determined that a violation of subsection (a)(1) has
occurred, the Secretary shall order relief provided
under subparagraphs (B) and (C). Such decision shall
constitute a final agency action with respect to the
matter appealed.
(4) Action in court.--
(A) In general.--If the Secretary has not issued a
final decision within 300 days after the filing of the
complaint, the complainant may bring an action at law
or equity for de novo review in the appropriate
district court of the United States, which action
shall, at the request of either party to such action,
be tried by the court with a jury. The proceedings
shall be governed by the same legal burdens of proof
specified in paragraph (2)(C).
(B) Relief.--The court may award all appropriate
relief including injunctive relief, compensatory and
consequential damages, including--
(i) reinstatement with the same seniority
status that the covered employee would have
had, but for the discharge or discrimination;
(ii) the amount of back pay sufficient to
make the covered employee whole, with
prejudgment interest;
(iii) exemplary damages, as appropriate;
and
(iv) litigation costs, including reasonable
attorney fees and expert witness fees.
(5) Review.--
(A) In general.--Any person aggrieved by a final
order issued under paragraph (3) or a judgment or order
under paragraph (4) may obtain review of the order in
the appropriate United States Court of Appeals. The
petition for review must be filed not later than 60
days after the date of the issuance of the final order
of the Secretary. Review shall be in accordance with
chapter 7 of title 5, United States Code. The
commencement of proceedings under this subparagraph
shall not, unless ordered by the court, operate as a
stay of the order.
(B) No other judicial review.--An order of the
Secretary with respect to which review could have been
obtained under subparagraph (A) shall not be subject to
judicial review in any other proceeding.
(6) Failure to comply with order.--Whenever any employer
has failed to comply with an order issued under paragraph (3),
the Secretary may obtain in a civil action in the United States
district court for the district in which the violation was
found to occur, or in the United States district court for the
District of Columbia, all appropriate relief including, but not
limited to, injunctive relief and compensatory damages.
(7) Civil action to require compliance.--
(A) In general.--Whenever an employer has failed to
comply with an order issued under paragraph (3), the
complainant on whose behalf the order was issued may
obtain in a civil action in an appropriate United
States district court against the employer to whom the
order was issued, all appropriate relief.
(B) Award.--The court, in issuing any final order
under this paragraph, may award costs of litigation
(including reasonable attorneys' and expert witness
fees) to any party whenever the court determines such
award is appropriate.
(c) Construction.--
(1) Effect on other laws.--Nothing in this section preempts
or diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
(2) Rights of employees.--Nothing in this section shall be
construed to diminish the rights, privileges, or remedies of
any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in
this section may not be waived by any agreement, policy, form,
or condition of employment.
(d) Enforcement of Nondiscretionary Duties.--Any nondiscretionary
duty imposed by this section shall be enforceable in a mandamus
proceeding brought under section 1361 of title 28, United States Code.
(e) Posting of Notice and Training.--All employers shall post a
notice which has been approved as to form and content by the Secretary
of Labor in a conspicuous location in the place of employment where
covered employees frequent which explains employee rights and remedies
under this section. Each employer shall provide training to covered
employees of their rights under this section within 30 days of
employment, and at not less than once every 12 months thereafter, and
provide covered employees with a card which contains a toll free
telephone number at the Department of Labor which covered employees can
call to get information or file a complaint under this section.
(f) Designation by the Secretary.--The Secretary of Labor shall,
within 30 days of the date of enactment of this Act, designate by order
the appropriate agency officials to receive, investigate, and
adjudicate complaints of violations of subsection (a)(1).
SEC. 1003. DEFINITIONS.
As used in this title the following definitions apply:
(1) The term ``covered employee''--
(A) means an individual performing services on
behalf of an employer that is engaged in activities on
or in waters above the Outer Continental Shelf related
to--
(i) supporting, or carrying out
exploration, development, production,
processing, or transportation of oil or gas; or
(ii) oil spill cleanup, emergency response,
environmental surveillance, protection, or
restoration, or other oil spill activities
related to occupational safety and health; and
(B) includes an applicant for such employment.
(2) The term ``employer'' means one or more individuals,
partnerships, associations, corporations, trusts,
unincorporated organizations, nongovernmental organizations, or
trustees, and includes any agent, contractor, subcontractor,
grantee or consultant of such employer.
(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.).
Passed the House of Representatives July 30, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 510
111th CONGRESS
2d Session
H. R. 3534
_______________________________________________________________________
AN ACT
To provide greater efficiencies, transparency, returns, and
accountability in the administration of Federal mineral and energy
resources by consolidating administration of various Federal energy
minerals management and leasing programs into one entity to be known as
the Office of Federal Energy and Minerals Leasing of the Department of
the Interior, and for other purposes.