[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3534 Engrossed in House (EH)]

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.

    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:

                                                                 Clerk.
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.