[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 662 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 662

To provide for payments to certain natural resource trustees to assist 
  in restoring natural resources damaged as a result of the Deepwater 
               Horizon oil spill, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2011

  Mr. Vitter introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To provide for payments to certain natural resource trustees to assist 
  in restoring natural resources damaged as a result of the Deepwater 
               Horizon oil spill, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Natural Resources Restoration Act of 
2011''.

SEC. 2. DEEPWATER HORIZON OIL SPILL DAMAGE ASSESSMENT.

    Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) 
is amended by adding at the end the following:

``SEC. 1021. DEEPWATER HORIZON OIL SPILL DAMAGE ASSESSMENT.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Deepwater horizon oil spill.--The term `Deepwater 
        Horizon Oil Spill' means the blowout and explosion of the 
        mobile offshore drilling unit Deepwater Horizon that occurred 
        on April 20, 2010, the resulting hydrocarbon releases into the 
        environment, and the various response actions that injured 
        natural resources in the Gulf of Mexico and in State water and 
        land bordering the Gulf of Mexico.
            ``(3) Panel.--The term `panel' means the panel established 
        under subsection (b).
            ``(4) Trustee.--The term `trustee' means each of the 
        Federal and State trustees designated under paragraphs (2) and 
        (3) of section 1006(b) with respect to natural resource damages 
        relating to the Deepwater Horizon Oil Spill.
    ``(b) Deepwater Horizon Oil Spill Damage Assessment.--
            ``(1) Establishment of panel.--The Administrator shall 
        enter into an arrangement with the National Academies under 
        which the National Academies shall convene, in consultation 
        with the trustees, a panel of scientists with appropriate 
        expertise to conduct, in coordination with the trustees, a 
        preliminary evaluation of the natural resource damages from the 
        Deepwater Horizon Oil Spill.
            ``(2) Report.--
                    ``(A) In general.--Based on the preliminary 
                evaluation conducted under paragraph (1), the panel 
                shall prepare a report that includes an estimate of--
                            ``(i) the cost for each trustee of--
                                    ``(I) restoring the natural 
                                resources under the trusteeship of the 
                                trustee injured by the Deepwater 
                                Horizon Oil Spill; and
                                    ``(II) compensating the trustee for 
                                the loss of natural resource services 
                                under the trusteeship of the trustee 
                                during the period beginning on April 
                                20, 2010, and ending on the date on 
                                which the natural resources are fully 
                                restored; and
                            ``(ii) the total of the estimated costs 
                        described in clause (i) for all trustees.
                    ``(B) Considerations.--In preparing the report 
                under subparagraph (A), the panel shall consider--
                            ``(i) the results of the study conducted 
                        under section 2004(3) of the Supplemental 
                        Appropriations Act, 2010 (Public Law 112-212; 
                        124 Stat. 2338); and
                            ``(ii) any appropriate and available 
                        information that has been generated through the 
                        natural resources damages assessment being 
                        conducted by the trustees under section 1006(d) 
                        with respect to the Deepwater Horizon Oil 
                        Spill.
                    ``(C) Timeline.--
                            ``(i) Preliminary draft.--Not later than 90 
                        days after the date of enactment of this Act, 
                        the panel shall prepare a preliminary draft of 
                        the report required under subparagraph (A).
                            ``(ii) Comment period.--
                                    ``(I) In general.--In accordance 
                                with subclause (II), the panel shall 
                                provide for a comment period during 
                                which the panel shall solicit from 
                                trustees and responsible parties 
                                comments on the preliminary draft 
                                report.
                                    ``(II) Timeline.--Comments shall be 
                                solicited under subclause (I) during 
                                the 30-day period beginning on the date 
                                of completion of the preliminary draft 
                                report under subparagraph (A).
                            ``(iii) Final report.--Not later than 30 
                        days after the date on which the comment period 
                        ends under clause (ii), the panel shall--
                                    ``(I) submit to Congress a final 
                                version of the report required under 
                                subparagraph (A); and
                                    ``(II) publish in the Federal 
                                Register notice that the final report 
                                has been completed.
            ``(3) Special assessment.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, in making an assessment of natural 
                resource damages with respect to the Deepwater Horizon 
                Oil Spill under paragraph (1) or (2) of section 
                1006(c), a trustee shall include a special assessment 
                in an amount that is equal to--
                            ``(i) 30 percent of the cost of restoring 
                        the natural resources under the trusteeship of 
                        the trustee injured by the Deepwater Horizon 
                        Oil Spill and compensating the trustee for the 
                        loss natural resource services under the 
                        trusteeship of the trustee during the period 
                        beginning on April 20, 2010, and ending on the 
                        date on which the natural resources are fully 
                        restored, as estimated in the report prepared 
                        under paragraph (2); or
                            ``(ii) an amount mutually agreed to by the 
                        responsible parties and the trustees.
                    ``(B) Payment of special assessment.--The 
                responsible parties shall be responsible for paying the 
                amounts assessed under subparagraph (A), in accordance 
                with the provisions of this Act.
                    ``(C) Use.--
                            ``(i) In general.--Any amounts assessed 
                        under subparagraph (A) shall be used by a 
                        trustee to conduct projects to restore natural 
                        resources injured by the Deepwater Horizon Oil 
                        Spill.
                            ``(ii) Applicable law.--Any activities 
                        carried out by the trustees using amounts 
                        assessed under subparagraph (A) shall be 
                        carried out in accordance with applicable laws 
                        (including regulations) relating to natural 
                        resource damages assessment and restoration, 
                        including laws relating to public 
                        participation.
                    ``(D) Credits.--There shall be credited toward any 
                other natural resource damages assessed against the 
                responsible parties for the Deepwater Horizon Oil 
                Spill, in accordance with applicable laws (including 
                regulations) any amounts assessed under subparagraph 
                (A).
                    ``(E) Regulations.--As soon as practicable after 
                the date of enactment of this section, the 
                Administrator shall promulgate regulations establishing 
                a program under which responsible parties can purchase 
                credits for the cost of any projects carried out by a 
                trustee under subparagraph (C)(i).''.
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