[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3763 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3763

    To improve safety and preparedness surrounding offshore energy 
 production and to respond to the blowout and explosion of the mobile 
  offshore drilling unit Deepwater Horizon that occurred on April 20, 
2010, and resulting hydrocarbon releases into the environment, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

 Ms. Landrieu introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To improve safety and preparedness surrounding offshore energy 
 production and to respond to the blowout and explosion of the mobile 
  offshore drilling unit Deepwater Horizon that occurred on April 20, 
2010, and resulting hydrocarbon releases into the environment, 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.

    This Act may be cited as the ``Restoring Ecosystem Sustainability 
and Protection on the Delta Act''.

SEC. 2. ACCELERATED REVENUE SHARING TO PROMOTE COASTAL RESILIENCY AMONG 
              GULF PRODUCING STATES.

    (a) Definition of Qualified Outer Continental Shelf Revenues.--
Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109-432) is amended by striking 
subparagraph (A) and inserting the following:
                    ``(A) In general.--The term `qualified outer 
                Continental Shelf revenues' means, for fiscal year 2007 
                and each fiscal year thereafter, all rentals, 
                royalties, bonus bids, and other sums due and payable 
                to the United States from leases entered into on or 
                after the date of enactment of this Act for--
                            ``(i) the 181 Area;
                            ``(ii) the 181 South Area; and
                            ``(iii) the 2002-2007 planning area.''.
    (b) Allocation Among Gulf Producing States.--Section 105 of the 
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public 
Law 109-432) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Allocation Among Gulf Producing States for Fiscal Years 2010 
and Thereafter.--
            ``(1) In general.--Subject to the provisions of this 
        subsection, for fiscal year 2010 and each fiscal year 
        thereafter, the amount made available under subsection 
        (a)(2)(A) from a covered lease described in paragraph (2) shall 
        be allocated to each Gulf producing State in amounts that are 
        inversely proportional to the respective distances between the 
        point on the coastline of each Gulf producing State that is 
        closest to the geographic center of each historical lease site 
        and the geographic center of the historical lease site, as 
        determined by the Secretary.
            ``(2) Covered lease.--A covered lease referred to in 
        paragraph (1) means a lease entered into for--
                    ``(A) the 2002-2007 planning area;
                    ``(B) the 181 Area; or
                    ``(C) the 180 South Area.
            ``(3) Minimum allocation.--The amount allocated to a Gulf 
        producing State each fiscal year under paragraph (1) shall be 
        at least 10 percent of the amounts available under subsection 
        (a)(2)(A).
            ``(4) Historical lease sites.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                purposes of this subsection, the historical lease sites 
                in the 2002-2007 planning area shall include all leases 
                entered into by the Secretary for an area in the Gulf 
                of Mexico during the period beginning on October 1, 
                1982 (or an earlier date if practicable, as determined 
                by the Secretary), and ending on December 31, 2015.
                    ``(B) Adjustment.--Effective January 1, 2022, and 
                every 5 years thereafter, the ending date described in 
                subparagraph (A) shall be extended for an additional 5 
                calendar years.
            ``(5) Payments to coastal political subdivisions.--
                    ``(A) In general.--The Secretary shall pay 20 
                percent of the allocable share of each Gulf producing 
                State, as determined under paragraphs (1) and (3), to 
                the coastal political subdivisions of the Gulf 
                producing State.
                    ``(B) Allocation.--The amount paid by the Secretary 
                to coastal political subdivisions shall be allocated to 
                each coastal political subdivision in accordance with 
                subparagraphs (B), (C), and (E) of section 31(b)(4) of 
                the Outer Continental Shelf Lands Act (43 U.S.C. 
                1356a(b)(4)).''; and
            (2) by striking subsection (f).

SEC. 3. 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 date of enactment 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); and
            (2) 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 submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes the status of--
            (1) the collection and analysis of evidence regarding the 
        potential causes of the blowout and explosion of the mobile 
        offshore drilling unit Deepwater Horizon that occurred on April 
        20, 2010, and resulting hydrocarbon releases into the 
        environment, including information collected by the National 
        Commission on the BP Deepwater Horizon Oil Spill and Offshore 
        Drilling and other investigations;
            (2) the implementation of safety reforms described in the 
        May 27, 2010, Department of the Interior 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) efforts by industry and the Federal Government to 
        engineer, design, construct, and assemble wild well 
        intervention and blowout containment resources necessary to 
        contain an uncontrolled release of hydrocarbons in deep water 
        in the event of another blowout.

SEC. 4. GULF COAST ECOSYSTEM RESTORATION.

    (a) Definitions.--In this section:
            (1) Chair.--The term ``Chair'' means the Chair of the Task 
        Force appointed under subsection (f)(3).
            (2) Comprehensive plan.--The terms ``Comprehensive Plan'' 
        means the comprehensive plan required under subsection (c).
            (3) Fund.--The term ``Fund'' means the Gulf Coast Ecosystem 
        Restoration Fund established by subsection (b)(2)(A).
            (4) Governors.--The term ``Governors'' means the Governors 
        of each of the States of Alabama, Florida, Louisiana, and 
        Mississippi.
            (5) Gulf coast ecosystem.--The term ``Gulf Coast 
        ecosystem'' means the coastal zones, as determined pursuant to 
        the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
        seq.), of the States of Alabama, Florida, Louisiana, and 
        Mississippi and adjacent State waters and areas of the outer 
        Continental Shelf, adversely impacted by the blowout and 
        explosion of the mobile offshore drilling unit Deepwater 
        Horizon that occurred on April 20, 2010, and resulting 
        hydrocarbon releases into the environment.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Task force.--The term ``Task Force'' means the Gulf 
        Coast Ecosystem Restoration Task Force established by 
        subsection (f).
    (b) Gulf Coast Ecosystem Restoration.--
            (1) In general.--In accordance with this section, the Chair 
        shall undertake restoration activities with respect to the Gulf 
        Coast ecosystem.
            (2) Gulf coast ecosystem restoration fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                ``Gulf Coast Ecosystem Restoration Fund''.
                    (B) Transfers to fund.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                deposit into the Fund amounts equal to not less than 80 
                percent of any amounts collected by the United States 
                as penalties, settlements, or fines under sections 309 
                and 311 of the Federal Water Pollution Control Act (33 
                U.S.C. 1319, 1321) in relation to the blowout and 
                explosion of the mobile offshore drilling unit 
                Deepwater Horizon that occurred on April 20, 2010, and 
                resulting hydrocarbon releases into the environment.
                    (C) Authorized uses.--The Fund shall be available 
                to the Chair for the conservation, protection, and 
                restoration of the Gulf Coast ecosystem in accordance 
                with the Comprehensive Plan.
    (c) Comprehensive Plan.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act and subject to notice and an opportunity 
        for public comment, the Chair shall develop a proposed 
        comprehensive plan for the purpose of long-term conservation, 
        flood protection, and restoration of biological integrity, 
        productivity and ecosystem functions in the Gulf Coast 
        ecosystem.
            (2) Existing plans.--To the maximum extent practicable, the 
        Chair shall incorporate any applicable plans previously 
        developed by Federal, State, and local agencies for the 
        restoration of coastal wetland and other areas of the Gulf 
        Coast ecosystem.
    (d) Critical and Emergency Restoration Projects and Activities.--If 
the Chair, in cooperation with the Governors, determines that a 
restoration project or activity will produce independent, immediate, 
and substantial conservation, protection, or restoration benefits, and 
will be consistent with overall restoration goals, the Chair shall 
proceed expeditiously with the implementation of the project or 
activity, in accordance with laws and authorities in existence on the 
date of enactment of this Act.
    (e) Priority Projects.--
            (1) List.--
                    (A) In general.--The Comprehensive Plan shall 
                include a list of specific projects to be funded and 
                carried out during the subsequent 3-year period.
                    (B) Prerequisites.--Each project listed shall be 
                consistent with the strategies identified in the plan.
                    (C) Priority projects.--In developing the list, the 
                Task Force shall give priority to--
                            (i) projects, programs, and activities 
                        authorized by title VII of the Water Resources 
                        Development Act of 2007 (121 Stat. 1270);
                            (ii) the goals, analysis, and design of the 
                        comprehensive coastal protection master plan 
                        authorized and defined under Act 8 of the First 
                        Extraordinary Session of the Louisiana State 
                        Legislature, 2005;
                            (iii) projects, programs, and activities 
                        that maximize the beneficial use of dredge 
                        material from Gulf Coast waterways, in 
                        coordination with navigation interests; and
                            (iv) projects benefitting the areas that 
                        were most adversely impacted by the blowout and 
                        explosion of the mobile offshore drilling unit 
                        Deepwater Horizon that occurred on April 20, 
                        2010, and by the resulting hydrocarbon releases 
                        into the environment.
                    (D) Updates.--The Task Force shall update the list 
                of projects annually.
            (2) Selection.--The Task Force shall select projects--
                    (A) based on the best available science;
                    (B) without regard to geographic location; and
                    (C) with the highest priority to projects and 
                programs that will achieve the greatest contribution 
                in--
                            (i) restoring the ability of coastal 
                        ecosystems to become self-sustaining;
                            (ii) biological productivity;
                            (iii) the sustainability and protection of 
                        the human population from flooding; and
                            (iv) ecosystem function in the Gulf of 
                        Mexico.
    (f) Gulf Coast Ecosystem Restoration Task Force.--
            (1) Establishment.--There is established the Gulf Coast 
        Ecosystem Restoration Task Force.
            (2) Membership.--The Task Force shall consist of the 
        following members, or in the case of a Federal agency, a 
        designee at the level of Assistant Secretary or the equivalent:
                    (A) The Secretary.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of the Army.
                    (D) The Attorney General.
                    (E) The Secretary of Homeland Security.
                    (F) The Administrator of the Environmental 
                Protection Agency.
                    (G) The Commandant of the Coast Guard.
                    (H) The Secretary of Transportation.
                    (I) The Secretary of Agriculture.
                    (J) A representative of each affected Indian tribe, 
                appointed by the Secretary based on the recommendations 
                of the tribal chairman.
                    (K) Two representatives of each of the States of 
                Alabama, Florida, Louisiana, and Mississippi, appointed 
                by the Governor of each State, respectively.
                    (L) Two representatives of local government within 
                each of the States of Alabama, Florida, Louisiana, and 
                Mississippi, appointed by the Governor of each State, 
                respectively.
            (3) Chair.--The Chair of the Task Force shall be a Federal 
        official appointed by the President.
            (4) Duties of the task force.--The Task Force shall--
                    (A) consult with, and provide recommendations to, 
                the Chair during development of the Comprehensive Plan;
                    (B) coordinate the development of consistent 
                policies, strategies, plans, programs, projects, 
                activities, and priorities for addressing the 
                restoration of the Gulf Coast ecosystem;
                    (C) establish a Gulf Coast-based working group to 
                include representatives of members of the Task Force 
                and other local agencies and representatives as 
                appropriate for purposes of recommending, coordinating, 
                and implementing policies, programs, activities, and 
                projects to accomplish Gulf Coast ecosystem 
                restoration;
                    (D) coordinate scientific and other research 
                associated with restoration of the Gulf Coast 
                ecosystem;
                    (E) prepare an integrated financial plan and 
                coordinated budget requests for the funds proposed to 
                be expended by the agencies represented on the Task 
                Force; and
                    (F) submit an annual report to Congress that 
                summarizes the activities of the Task Force and the 
                policies, plans, activities, and projects for 
                restoration of the Gulf Coast ecosystem.
            (5) Application of the federal advisory committee act.--The 
        Task Force and the working group established under paragraph 
        (4)(C) shall not be considered advisory committees under the 
        Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 5. MODIFICATIONS TO LOUISIANA COASTAL AREA PROGRAM.

    Section 7006 of the Water Resources Development Act of 2007 (121 
Stat. 1277) is amended by adding at the end the following:
    ``(f) Advance Construction and Modifications.--Notwithstanding any 
other provision of law, the Secretary--
            ``(1) may construct any project under this section to 
        address the impacts of the blowout and explosion of the mobile 
        offshore drilling unit Deepwater Horizon that occurred on April 
        20, 2010, and resulting hydrocarbon releases into the 
        environment; and
            ``(2) after consultation with the affected States, shall 
        carry out any modifications to the projects that are necessary 
        to address those impacts.''.

SEC. 6. REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE FACILITIES.

    (a) In General.--Section 1004(a)(3) of the Oil Pollution Act of 
1990 (33 U.S.C. 2704(a)(3)) is amended by striking ``plus $75,000,000'' 
and inserting ``and the liability of the responsible party determined 
in accordance with section 1002''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to each claim or action that--
            (1) is brought within the period applicable to the claim or 
        action; and
            (2)(A) is pending on the date of enactment of this Act; or
            (B) arises from events occurring during the period 
        beginning on April 15, 2010, and ending on that date of 
        enactment.

SEC. 7. OFFSHORE FACILITIES OIL SPILL MUTUAL INSURANCE FUND.

    (a) Definition of Insurance Fund.--Section 2 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331) is amended by adding at 
the end the following:
    ``(r) Insurance Fund.--The term `Insurance Fund' means the Offshore 
Facilities Oil Spill Mutual Insurance Fund established under section 
32.''.
    (b) Suspension of Activities Under a Lease.--Section 5(a)(1) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)) is amended--
            (1) by striking ``, or (B) if'' and inserting ``, (B) if 
        the lessee fails to make full, timely premium payments to the 
        Insurance Fund as required by the terms of a lease or as 
        otherwise required by law, or (C) if''; and
            (2) by striking ``clause (A) or (B)'' and inserting 
        ``subparagraph (A), (B), or (C)''.
    (c) Lease Requirements.--Section 8(b) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337(b)) is amended--
            (1) by redesignating paragraph (7) as paragraph (8);
            (2) in paragraph (6), by striking ``and'' at the end; and
            (3) by inserting after paragraph (6) the following:
            ``(7) include as a condition of a lease issued, extended, 
        or renewed after the date of enactment of the Offshore 
        Facilities Oil Spill Mutual Insurance Fund Act of 2010 a 
        requirement that the lessee shall pay all Insurance Fund 
        premiums in accordance with section 32; and''.
    (d) Establishment of Insurance Fund.--The Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the 
following:

``SEC. 32. OFFSHORE FACILITIES OIL SPILL MUTUAL INSURANCE FUND.

    ``(a) Definitions.--In this section:
            ``(1) Board.--The term `Board' means the Offshore 
        Facilities Oil Spill Mutual Insurance Fund Oversight Board 
        established under subsection (c)(2).
            ``(2) Deepwater lease.--The term `deepwater lease' means an 
        oil or gas lease issued under this Act on submerged land of the 
        outer Continental Shelf for drilling beneath navigable waters 
        of the United States located more than 500 feet below the water 
        surface.
            ``(3) Director.--The term `Director' means the Independent 
        Director of the Insurance Fund selected under subsection 
        (c)(1).
            ``(4) Incident.--The term `incident' has the meaning given 
        the term in section 1001 of the Oil Pollution Act of 1990 (33 
        U.S.C. 2701).
            ``(5) Insured.--The term `Insured' means a person who has 
        fully paid all premiums required under this section.
            ``(6) Other claims.--
                    ``(A) In general.--The term `other claims' means 
                all claims arising out of an incident that are not 
                covered by the Oil Pollution Act of 1990 (33 U.S.C. 
                2701 et seq.).
                    ``(B) Inclusion.--The term `other claims' includes 
                claims under other laws that are preserved by section 
                1018 of the Oil Pollution Act of 1990 (33 U.S.C. 2718).
                    ``(C) Exclusions.--The term `other claims' excludes 
                removal costs, punitive damages, or civil penalties.
            ``(7) Responsible party.--The term `responsible party' has 
        the meaning given the term in section 1001 of the Oil Pollution 
        Act of 1990 (33 U.S.C. 2701).
            ``(8) Shallow water lease.--The term `shallow water lease' 
        means an oil and gas lease authorized by this Act on submerged 
        land of the outer Continental Shelf for drilling beneath 
        navigable waters of the United States located up to 500 feet 
        below the water surface.
    ``(b) Establishment.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of this section, there shall be established a fund to 
        be known as the `Offshore Facilities Oil Spill Mutual Insurance 
        Fund'.
            ``(2) Credits.--The Insurance Fund shall be credited with--
                    ``(A) any premiums collected under subsection (d); 
                and
                    ``(B) any investment income earned under subsection 
                (e).
            ``(3) Required minimum balance.--Beginning on July 1, 2012, 
        the Insurance Fund shall at all times maintain a balance of not 
        less than $2,000,000,000.
            ``(4) Availability.--
                    ``(A) In general.--Amounts in the Insurance Fund 
                shall be available to the Director to adjust and pay 
                damages and other claims asserted against an Insured 
                who is a responsible party for an incident that occurs 
                after the date of enactment of this section at an 
                offshore facility (other than a deepwater port or 
                pipeline).
                    ``(B) Requirements.--A payment from the Insurance 
                Fund under subparagraph (A) shall be--
                            ``(i) subject to the per incident 
                        deductible and per incident limits described in 
                        subparagraph (C); and
                            ``(ii) made without regard to the fault of 
                        the Insured.
                    ``(C) Per incident deductible and recovery from 
                insurance fund.--
                            ``(i) In general.--The per incident 
                        deductible of damages and other claims to be 
                        paid by an Insured responsible party without 
                        recovery from the Insurance Fund shall be 
                        $250,000,000.
                            ``(ii) Limit.--The per incident limit on 
                        recovery by an Insured responsible party for 
                        damages and other claims from the Insurance 
                        Fund shall be $10,000,000,000.
                    ``(D) Adjustment and resolution of claims.--
                            ``(i) In general.--Only Insured responsible 
                        parties may submit claims for damages and other 
                        claims to the Insurance Fund for adjustment and 
                        payment.
                            ``(ii) Limitations.--The Insurance Fund--
                                    ``(I) is not a responsible party 
                                under the Oil Pollution Act of 1990 (33 
                                U.S.C. 2701 et seq.); and
                                    ``(II) does not supersede the 
                                process under the Oil Pollution Act of 
                                1990 (33 U.S.C. 2701 et seq.) for--
                                            ``(aa) presenting claims to 
                                        a responsible party or the Oil 
                                        Spill Liability Trust Fund; or
                                            ``(bb) seeking relief in 
                                        court from a responsible party 
                                        or the Oil Spill Liability 
                                        Trust Fund.
    ``(c) Administration.--
            ``(1) Director.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this section, the holders of 
                leases issued under this Act in effect on the date of 
                enactment of this section shall elect an Independent 
                Director of the Insurance Fund.
                    ``(B) Duties.--
                            ``(i) Disputes.--The Director shall be 
                        responsible for deciding disputes concerning 
                        premium payments and calculations of premiums, 
                        subject to review only in binding arbitration.
                            ``(ii) Staff.--The Director shall hire such 
                        staff (including claims adjusters) as are 
                        necessary to carry out this section, consistent 
                        with insurance industry practices.
            ``(2) Oversight board.--
                    ``(A) In general.--There is established an Offshore 
                Facility Mutual Insurance Fund Oversight Board to 
                provide oversight of the Insurance Fund.
                    ``(B) Membership.--The Board shall be composed of--
                            ``(i) the Secretary of the Interior;
                            ``(ii) the Commandant of the Coast Guard;
                            ``(iii) the Administrator of the National 
                        Oceanic and Atmospheric Administration;
                            ``(iv) 1 holder of a lease that is a large, 
                        integrated operation, to be selected by the 
                        Secretary; and
                            ``(v) 1 holder of a lease that is a small 
                        operation, to be selected by the Secretary.
                    ``(C) Chairperson.--The Commandant of the Coast 
                Guard shall serve as Chairperson of the Board.
    ``(d) Premiums.--
            ``(1) Initial premium payments.--
                    ``(A) In general.--The holders of operating and 
                nonoperating deepwater leases and shallow water leases 
                in effect on the date the initial premiums are due 
                under clause (i) or (ii) of subparagraph (B) shall pay 
                into the Insurance Fund premiums in an amount to be 
                established by the Secretary by regulation.
                    ``(B) Deadline.--The initial premium payments under 
                subparagraph (A) shall be paid on each of--
                            ``(i) July 1, 2011; and
                            ``(ii) July 1, 2012.
            ``(2) Premium payment for new leases.--For any new 
        deepwater leases and shallow water leases issued under this Act 
        after July 1, 2012--
                    ``(A) each lessee shall pay into the Insurance Fund 
                premiums in an amount to be established by the 
                Secretary by regulation; and
                    ``(B) each lessee that has not previously made 
                initial premium payments under paragraph (1), shall pay 
                a supplemental premium to the Insurance Fund in an 
                amount to be established by the Secretary by 
                regulation.
            ``(3) Incident premiums.--
                    ``(A) In general.--For each incident, to the extent 
                the damages and other claims exceeding the per incident 
                deductible under subsection (b)(4)(C)(i) exceed the 
                value of the Insurance Fund, each lessee shall pay into 
                the Insurance Fund additional premiums to pay the 
                damages and other claims above the per incident 
                deductible up to the per incident limit described in 
                subsection (b)(4)(C)(ii).
                    ``(B) Requirement.--The additional incident 
                premiums paid shall be--
                            ``(i) sufficient to maintain the required 
                        minimum balance under subsection (b)(3); and
                            ``(ii) calculated and collected in 
                        accordance with regulations established by the 
                        Secretary.
            ``(4) Enforcement.--Any person that fails to make a premium 
        payment required under this subsection shall be subject to the 
        enforcement provisions of sections 23 and 24.
    ``(e) Investments.--
            ``(1) In general.--Except as needed for payments of damages 
        or other claims or to operate the Insurance Fund, all premium 
        payments deposited in the Insurance Fund shall be invested for 
        the sole benefit of the Insurance Fund.
            ``(2) Use.--Any interest or income earned from investments 
        under paragraph (1) shall be credited to the Insurance Fund in 
        accordance with subsection (b)(2)(B).
    ``(f) Applicability of Other Laws.--Subject to, and without 
superseding limitations on liability in, the Oil Pollution Act of 1990 
(33 U.S.C. 2701 et seq.) or any other law that may otherwise apply, the 
ability of an Insured to recover from the Insurance Fund does not limit 
the liability of an Insured as a responsible party for any damages or 
other claims, including damages or other claims above the per incident 
limit of recovery from the Insurance Fund under subsection 
(b)(4)(C)(ii).''.

SEC. 8. RECOVERY BY RESPONSIBLE PARTY.

    (a) In General.--Section 1008 of the Oil Pollution Act of 1990 (33 
U.S.C. 2708) is amended--
            (1) in subsection (a), by striking ``The responsible 
        party'' and inserting ``Except as provided in subsection (c), 
        the responsible party''; and
            (2) by adding at the end the following:
    ``(c) Offshore Facility.--For purposes of an offshore facility 
(other than a pipeline or deepwater port), a responsible party may not 
assert a claim for recovery of removal costs or damages under section 
1013.''.
    (b) Conforming Amendment.--Section 1004(a) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2704(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``,,'' and inserting a comma; and
                    (B) by inserting ``and'' after the semicolon at the 
                end;
            (2) by striking paragraph (3); and
            (3) by redesignating paragraph (4) as paragraph (3).

SEC. 9. AUTHORIZATION OF USES OF THE FUND.

    Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761(f)) 
is amended by inserting at the end the following:
    ``(g) Research Development and Demonstration Program for Offshore 
Facilities.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of this subsection, the Interagency Committee 
        shall develop and submit to Congress a research, development, 
        and demonstration program for offshore oil facilities (referred 
        to in this subsection as the `Program').
            ``(2) Purpose.--The purpose of the Program shall be to 
        provide for research, development, and demonstration of 
        innovative technology to prevent or mitigate oil discharge from 
        offshore oil facilities.
            ``(3) Development.--The Interagency Committee shall develop 
        the Program with input from the public through public meetings 
        and after providing public notice and a draft program and an 
        opportunity for written comment.
            ``(4) Authorization of appropriations.--Subject to the 
        availability of appropriations, the Interagency Committee shall 
        use not to exceed $15,000,000 of amounts in the Fund for each 
        of fiscal years 2011 through 2015 to carry out this 
        subsection.''.

SEC. 10. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.

    (a) In General.--Title II of the Public Works and Economic 
Development Act of 1965 is amended by inserting after section 207 (42 
U.S.C. 3147) the following:

``SEC. 208. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.

    ``(a) Establishment of Grant Program.--The Secretary shall 
establish a grant program to provide to eligible (as determined by the 
Secretary) organizations technical assistance grants for use in 
assisting individuals and businesses affected by the Deepwater Horizon 
oil spill in the Gulf of Mexico (referred to in this section as the 
`oil spill').
    ``(b) Application.--An organization that seeks to receive a grant 
under this section shall submit to the Secretary an application for the 
grant at such time, in such form, and containing such information as 
the Secretary shall require.
    ``(c) Use of Funds.--
            ``(1) In general.--Funds from a grant provided under this 
        section may be used by an eligible organization--
                    ``(A) to support--
                            ``(i) education;
                            ``(ii) outreach;
                            ``(iii) intake;
                            ``(iv) language services;
                            ``(v) accounting services;
                            ``(vi) legal services offered pro bono or 
                        by a nonprofit organization;
                            ``(vii) damage assessments;
                            ``(viii) economic loss analysis;
                            ``(ix) collecting and preparing 
                        documentation; and
                            ``(x) assistance in the preparation and 
                        filing of claims or appeals;
                    ``(B) to provide assistance to individuals or 
                businesses seeking assistance from or under--
                            ``(i) a party responsible for the oil 
                        spill;
                            ``(ii) the Oil Spill Liability Trust Fund;
                            ``(iii) an insurance policy; or
                            ``(iv) any other program administered by 
                        the Federal Government or a State or local 
                        government;
                    ``(C) to pay for salaries, training, and 
                appropriate expenses relating to the purchase or lease 
                of property to support operations, equipment (including 
                computers and telecommunications), and travel expenses;
                    ``(D) to assist other organizations in--
                            ``(i) assisting specific business sectors;
                            ``(ii) providing services;
                            ``(iii) assisting specific jurisdictions; 
                        or
                            ``(iv) otherwise supporting operations; and
                    ``(E) to establish an advisory board of service 
                providers and technical experts--
                            ``(i) to monitor the claims process 
                        relating to the oil spill; and
                            ``(ii) to provide recommendations to the 
                        parties responsible for the oil spill, the 
                        National Pollution Funds Center, other 
                        appropriate agencies, and Congress to improve 
                        fairness and efficiency in the claims process.
            ``(2) Prohibition on use of funds.--Funds from a grant 
        provided under this section may not be used to provide 
        compensation for damages or removal costs relating to the oil 
        spill.
    ``(d) Provision of Grants.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of the Restoring Ecosystem Sustainability and 
        Protection on the Delta Act, the Secretary shall provide grants 
        under this section.
            ``(2) Networked organizations.--The Secretary is encouraged 
        to consider applications for grants under this section from 
        organizations that have established networks with affected 
        business sectors, including--
                    ``(A) the fishery and aquaculture industries;
                    ``(B) the restaurant, grocery, food processing, and 
                food delivery industries; and
                    ``(C) the hotel and tourism industries.
            ``(3) Training.--Not later than 30 days after the date on 
        which an eligible organization receives a grant under this 
        section, the Director of the National Pollution Funds Center 
        and the parties responsible for the oil spill shall provide 
        training to the organization regarding the applicable rules and 
        procedures for the claims process relating to the oil spill.
            ``(4) Availability of funds.--Funds from a grant provided 
        under this section shall be available until the later of, as 
        determined by the Secretary--
                    ``(A) the date that is 6 years after the date on 
                which the oil spill occurred; and
                    ``(B) the date on which all claims relating to the 
                oil spill have been satisfied.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $20,000,000.''.
    (b) Conforming Amendment.--The table of contents of the Public 
Works and Economic Development Administration Act of 1965 (42 U.S.C. 
prec. 3121) is amended by inserting after the item relating to section 
207 the following:

``Sec. 208. Oil spill claims assistance and recovery.''.
                                 <all>