[House Report 111-582]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-582

======================================================================
 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3534) 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; AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5851) 
TO PROVIDE WHISTLEBLOWER PROTECTIONS TO CERTAIN WORKERS IN THE OFFSHORE 
                          OIL AND GAS INDUSTRY

                                _______
                                

  July 30 (Legislative day of July 29), 2010.--Referred to the House 
                   Calendar and ordered to be printed

                                _______
                                

   Ms. Pingree, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1574]

    The Committee on Rules, having had under consideration 
House Resolution 1574, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3534, the 
``Consolidated Land, Energy, and Aquatic Resources Act of 
2009,'' and H.R. 5851, the ``Offshore Oil and Gas Worker 
Whistleblower Protection Act of 2010.''
    The resolution provides a structured rule for consideration 
of H.R. 3534. The resolution provides one hour of general 
debate with 40 minutes equally divided and controlled by the 
chair and ranking minority member of the Committee on Natural 
Resources and 20 minutes equally divided and controlled by the 
chair and ranking minority member of the Committee on 
Transportation and Infrastructure. The resolution waives all 
points of order against consideration of the bill except those 
arising under clause 9 or 10 of rule XXI.
    The resolution provides that in lieu of the amendment in 
the nature of a substitute recommended by the Committee on 
Natural Resources printed in the bill, the amendment in the 
nature of a substitute printed in part A of this report shall 
be considered as an original bill for the purpose of amendment 
and shall be considered as read. The resolution waives all 
points of order against the amendment in the nature of a 
substitute printed in part A of this report except those 
arising under clause 10 of rule XXI. This waiver does not 
affect the point of order available under clause 9 of rule XXI 
(regarding earmark disclosure).
    The resolution further makes in order only those amendments 
printed in part B of this report. The amendments made in order 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. All 
points of order against the amendments printed in part B of 
this report are waived except those arising under clause 9 or 
10 of rule XXI. The rule provides one motion to recommit with 
or without instructions.
    The resolution provides that the Chair may entertain a 
motion that the Committee rise only if offered by the chair of 
the Committee on Natural Resources or a designee. The 
resolution provides that the Chair may not entertain a motion 
to strike out the enacting words of the bill.
    The resolution also grants a closed rule for consideration 
of H.R. 5851, the ``Offshore Oil and Gas Worker Whistleblower 
Protection Act of 2010.'' The resolution provides one hour of 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Education and Labor.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides that the amendment 
printed in part C of this report shall be considered as 
adopted. The resolution provides that the bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against provisions of the bill, as amended. This 
waiver does not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure). The 
resolution provides one motion to recommit with or without 
instructions.
    The resolution provides that in the engrossment of H.R. 
3534, the Clerk shall add the text of H.R. 5851, as passed by 
the House, as new matter at the end of H.R. 3534. Finally, upon 
the addition of the text of H.R. 5851 to the end of H.R. 3534, 
H.R. 5851 shall be laid on the table.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 3534 (except those arising under clause 9 
or 10 of rule XXI) and all points of order against the 
amendment in the nature of a substitute (except those arising 
under clause 10 of rule XXI), the Committee is not aware of any 
points of order. The waivers of all points of order are 
prophylactic.
    Although the resolution waives all points of order against 
consideration of H.R. 5851 (except those arising under clause 9 
or 10 of rule XXI), the Committee is not aware of any points of 
order. The waiver is prophylactic. The waiver of all points of 
order against provisions in the bill, as amended, is 
prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 483

    Date: July 29, 2010.
    Measure: H.R. 3534 and H.R. 5851.
    Motion by: Mr. Dreier.
    Summary of motion: To report open rules for H.R. 3534 and 
H.R. 5851.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

Rules Committee record vote No. 484

    Date: July 29, 2010.
    Measure: H.R. 3534 and H.R. 5851.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Scalise (LA) and Rep. Kline 
(MN) and Rep. Murphy (PA) and Rep. Wilson (SC) and Rep. Latta 
(OH) and Rep. Boustany Jr. (LA) and Rep. Barton (TX) and Rep. 
Shimkus (IL) and Rep. Blunt (MO) and Rep. Fleming (LA) and Rep. 
Upton (MI) and Rep. Sullivan (OK) and Rep. Griffith (AL) and 
Rep. Bishop (UT) and Rep. Brady (TX) and Rep. Burgess (TX) and 
Rep. Melancon (LA) and Rep. Rohrabacher (CA) and Rep. Jordan 
(OH) and Rep. Buyer (IN) and Rep. Shadegg (AZ) and Rep. 
Neugebauer (TX) and Rep. Hall (TX) and Rep. Alexander (LA) and 
Rep. Nunes (CA) and Rep. Pitts (PA) and Rep. Broun (GA) and 
Rep. Issa (CA) and Rep. Conaway (TX) and Rep. Lamborn (CO) and 
Rep. Paul (TX) and Rep. Whitfield (KY) and Rep. Coffman (CO) 
and Rep. Poe (TX) and Rep. Thompson (PA) and Rep. Gohmert (TX) 
and Rep. Burton (IN) and Rep. Olson (TX) and Rep. Capito (WV) 
and Rep. Thornberry (TX) and Rep. Cassidy (LA) and Rep. 
Culberson (TX) and Rep. Cao (LA) and Rep. Graves (GA) and Rep. 
Franks (AZ) and Rep. Green (TX) and Rep. Gingrey (GA) and Rep. 
Price (GA) and Rep. Harper (MS) and Rep. Smith (TX) and Rep. 
Myrick (NC) and Rep. Bartlett (MD) and Rep. Brown Jr. (SC) and 
Rep. Rehberg (MT), #74, which would terminate the effect of (1) 
moratorium in the MMS Notice to Lessees No. 2010-N04 dated May 
30, 2010, (2) Interior Secretary memorandum dated July 12, 
2010, and (3) any suspension of operations issued in connection 
with the moratorium or memorandum.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

Rules Committee record vote No. 485

    Date: July 29, 2010.
    Measure: H.R. 3534 and H.R. 5851.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Salazar (CO), #26, which would 
strike titles II-VIII of the bill.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

Rules Committee record vote No. 486

    Date: July 29, 2010.
    Measure: H.R. 3534 and H.R. 5851.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Cassidy (LA) and Rep. Fleming 
(LA), #2, which would terminate moratoriums on offshore 
drilling.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

Rules Committee record vote No. 487

    Date: July 29, 2010.
    Measure: H.R. 3534 and H.R. 5851.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Lamborn (CO), #20, which would 
strike section 802, which gives the Secretary of Interior the 
ability to impose a conservation fee of $2 per barrel of oil 
for production from all new and existing federal onshore and 
offshore leases.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Yea; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

Rules Committee record vote No. 488

    Date: July 29, 2010.
    Measure: H.R. 3534 and H.R. 5851.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Cassidy (LA), #70, which would 
establish an independent, bipartisan National Commission on 
Outer Continental Shelf Oil Spill Prevention with expertise in 
petroleum engineering, oil and gas production, rig safety and 
environmental protection. The Commission would investigate the 
Deepwater Horizon oil spill and make recommendations to improve 
the safety of offshore energy production.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

Rules Committee record vote No. 489

    Date: July 29, 2010.
    Measure: H.R. 3534 and H.R. 5851.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Lummis (WY) and Rep. Herger 
(CA), #65, which would remove authority for regulating onshore 
oil, gas and mineral resources from the Bureau of Energy and 
Resource Management, and the Bureau of Safety and Environmental 
Enforcement. Onshore federal land resource management will 
remain in the jurisdiction of the Bureau of Land Management 
(BLM).
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART A CONSIDERED 
                          AS AN ORIGINAL BILL

    Amendment in the nature of a substitute that combines 
provisions of H.R. 3534, the ``Consolidated Land, Energy, and 
Aquatic Resources Act of 2009,'' and H.R. 5629, the ``Oil Spill 
Accountability and Environmental Protection Act of 2010.''

             SUMMARY OF AMENDMENTS IN PART B MADE IN ORDER

    1. Rahall (WV): (1) Makes a technical change. (2) Strikes 
``biomass'' from the Renewable Energy Resource definition. (3) 
Clarifies that the Secretary of the Interior may enter into 
cooperative education and training agreements with safety 
training firms in establishing the National Oil and Gas Health 
and Safety Academy. (4) Clarifies that the Secretary is 
permitted to consult with industry representatives regarding 
training program curricula, but is not authorized to utilize 
industry representatives as instructional personnel for the 
trainings. (5) Imposes civil penalties on CEO's who certify to 
false information about a company's capability to prevent or 
contain an oil spill. (6) Establishes a Citizen's Advisory 
Committee composed of non-energy industry individuals to assist 
the Gulf Coast Restoration Task Force in its work. (7) 
Clarifies that the Regional Assessment and Regional Strategic 
Plan created by the Great Lakes Regional Coordination Council 
shall include only renewable and not non-renewable energy 
resources. (8) Ensures that Gulf residents would have the right 
of first refusal for processing the claims filed due to the oil 
spill. (9) Replaces the requirement for dispersant 
manufacturers to disclose their product's chemical formula with 
a requirement to disclose dispersant products' ingredients. 
(10) Provides that discharges resulting from salvage activities 
consistent with the National Contingency Plan or as directed by 
the President are exempt from liability under the Federal Water 
Pollution Control Act. (11) Requires redundancy in accident and 
spill response plans as part of the permitting process under 
the Outer Continental Shelf Lands Act. (12) Authorizes a study 
of the economic, safety, and environmental impacts of requiring 
a relief well be drilled in tandem with the drilling of some or 
all wells. (13) Requires the GAO to complete a study to 
determine whether the reforms to the Department of Interior 
mandated in this legislation have increased oversight and 
decreased conflicts of interest within the department. (14) 
Includes in the Environmental Study an analysis of the 
cumulative impact of drilling on the Outer Continental Shelf. 
(15) Requires oil and gas companies to pay royalties on all oil 
that is discharged from a well, including spilled oil. (16) 
Directs GAO to study the impact of assessing a fee on the 
processing of oil and gas leases and using the proceeds to fund 
the gathering of baseline environmental data necessary for the 
permitting process. (17) Directs the Secretary of the Interior 
to arrange with the National Academy of Engineering to 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 would be improved by 
implementing certain prescribed measures. (18) Amends the 
liability provisions in the Oil Pollution Act to protect 
claimants from signing broad liability releases, and to clarify 
that the new cause of action under OPA for damages to human 
health does not supersede remedies under other federal law. (20 
minutes)
    2. Castle (DE): Would ensure there is no delay in the 
development of ocean renewable energy resources, including 
offshore wind, in the establishment of the new Bureau of Energy 
and Resource Management. (10 minutes)
    3. Kind (WI), Kratovil (MD), Heinrich (NM), Perriello (VA), 
Titus (NV), Kissell, Larry (NC), Arcuri (NY): Would require 
that no less than 1.5 percent of the Land and Water 
Conservation Fund each year go toward securing recreational 
public access to Federal Lands under the jurisdiction of the 
Secretary of the Interior for hunting, fishing, and other 
outdoor recreation. (10 minutes)
    4. Shea-Porter (NH): Would ensure that the ethics 
guidelines required for certain Department of Interior 
employees are updated at least every three years. The amendment 
would also ensure that the best available technology for oil 
spill response and mitigation, and the availability and 
accessibility of that technology is part of the Offshore 
Technology Research and Risk Assessment Program. Finally, the 
amendment would require that operators annually certify that 
their response and exploration plans include the best available 
technology and its availability. (10 minutes)
    5. Teague (NM), Jackson Lee (TX): Would allow a group of 
companies to cooperate to meet financial responsibility 
requirements by pooling of resources or joint insurance 
coverage. (10 minutes)
    6. Himes (CT): Would require, following initial clean-up of 
a spill, that the National Resources Damages Act trustee give 
equal and full consideration to all statutorily prescribed 
natural resource damage remedies to ensure that acquisition of 
non-impacted land is considered an equal remedy and not given 
lower priority as is currently provided in statute. (10 
minutes)
    7. Connolly (VA), Holt (NJ), Welch (VT): Would prevent oil 
companies from shifting oil spill cleanup costs onto taxpayers 
by ensuring that Oil Pollution Act liabilities of an oil 
subsidiary will be inherited by the parent oil company in the 
event the subsidiary goes bankrupt and does not sell its 
assets. The amendment does not alter underlying liability 
provisions of OPA, and includes technical corrections from the 
Department of Justice. (10 minutes)
    8. Melancon (LA), Childers (MS): Would seek to end the 
federal moratorium on deepwater drilling. The moratorium would 
be prohibited from enforcement on those rigs that meet safety 
requirements set forth in NTL 05 and NTL 06. (10 minutes)
    9. Melancon (LA): Would create an additional civil penalty 
on Gulf Coast Oil Spills of more than 1 million barrels, and 
would direct those funds toward previously authorized coastal 
restoration projects. (10 minutes)

          SUMMARY OF AMENDMENT IN PART C CONSIDERED AS ADOPTED

    1. Miller, George (CA): Would make numerous technical 
changes to the bill, including reordering, for stylistic 
purposes, whistleblowers' protected activities; conforming the 
language regarding causes of action to other accepted statutory 
language on the same subjects, particularly with respect to 
assigning court jurisdiction; clarifying that reporting to the 
employer or the government regarding the adequacy of an oil 
spill response plan is included among whistleblowers' protected 
activities; and other technical corrections that do not alter 
the substance of the bill.

   PART A--TEXT OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE TO BE 
                     CONSIDERED AS AN ORIGINAL BILL

  Strike all after the enacting clause and insert the 
following:

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.

                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.

            Subtitle B--Royalty Relief for American Consumers

Sec. 241. Short title.
Sec. 242. Eligibility for new leases and the transfer of leases.
Sec. 243. Price thresholds for royalty suspension provisions.

                  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.

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.

                   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. 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.

                  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. 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) Biomass or 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, 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.

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).

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 public health and safety and the 
        environment; and
          (3) as appropriate, recommends modifications to the 
        regulations issued under this Act to ensure adequate 
        protection of public health and 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.

               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 human health and 
                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 public health and 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 and 
                human health 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;
                  ``(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; and
                  ``(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.
  ``(i) CEO Statement.--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--
          ``(1) the applicant is in compliance with all 
        applicable environmental and natural resource 
        conservation laws;
          ``(2) 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;
          ``(3) 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;
          ``(4) 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;
          ``(5) the well design is safe; and
          ``(6) the applicant has the capability to 
        expeditiously begin and complete a relief well if 
        necessary in the event of a blowout.
  ``(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 and human health 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.

           Subtitle B--Royalty Relief for American Consumers

SEC. 241. SHORT TITLE.

  This subtitle may be cited as the ``Royalty Relief for 
American Consumers Act of 2010''.

SEC. 242. 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. 243. 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.

                 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 two 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''.

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.''.
  (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.
  (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 one 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.

                  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;
                  (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;
                  (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) is consistent with the Outer Continental 
                Shelf Lands Act;
                  (B) complies with subsection (b); and
                  (C) 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) 1/2 shall be used to make grants 
                        to coastal States and affected Indian 
                        tribes under subsection (b); and
                          (ii) 1/2 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.''; and
          (2) 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. INFORMATION ON CLAIMS.

  (a) In General.--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.''.
  (b) 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.''.
  (c) 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); and
          (2) by striking ``; and'' at the end of subparagraph 
        (B) and inserting a period; and
          (3) by striking subparagraph (C).
  (e) 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 the specific 
                                chemical identity, including 
                                the chemical and common name of 
                                any ingredients contained in, 
                                and specific chemical formulas 
                                or mixtures of, 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 the specific 
                                chemical identity of (including 
                                the chemical and common name of 
                                any ingredients contained in 
                                and the specific chemical 
                                formula or mixture of) 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.

                  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.

             PART B--TEXT OF AMENDMENTS TO BE MADE IN ORDER

    1. An Amendment To Be Offered by Representative Rahall, or His 
                   Designee, Debatable for 20 Minutes

  Page 150, strike lines 15 and 16 (and redesignate the 
subsequent subparagraphs accordingly).
  Page 37, line 7, strike ``public health and''.
  Page 37, line 11, strike ``public health and''.
  Page 39, line 8, strike ``human health and''.
  Page 47, line 15, strike ``public health and''.
  Page 66, line 11, strike ``and human health''.
  Page 87, line 15, strike ``and human health''.
  Page 180, strike lines 17 through 23 and insert the 
following:
                                  ``(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
  Page 181, strike lines 17 through 23 and insert the 
following:
                                  ``(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
  Page 169, line 18, insert ``PROCEDURES FOR CLAIMS AGAINST 
FUND;'' before ``INFORMATION ON CLAIMS'' (and conform the table 
of contents accordingly).
  Page 169, after line 18, insert the following:
  (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.''.
  Page 169, line 19, strike ``(a) In General.--'' and insert 
``(b) Information on Claims.--''.
  Page 170, line 10, strike ``(b)'' and insert ``(c)''.
  Page 170, line 14, strike ``(c)'' and insert ``(d)''.
  Add at the end of title VII the following:

SEC. 731. 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.''.
  Page 223, after line 13, insert the following (and conform 
the table of contents of the bill accordingly):

SEC. 732. 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''.
  Page 23, line 4, insert ``safety training firms,'' after 
``labor organizations,''.
  Page 8, line 7, strike ``Biomass or landfill'' and insert 
``Landfill''.
  Page 238, after line 19, insert the following:

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).
  Page 24, after line 12, insert the following:
          (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.
  Page 238, after line 19, insert the following new section:

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.
  Page 223, after line 13, insert the following (and conform 
the table of contents accordingly):

SEC. 733. 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.''.
  Add at the end the following new title:

  TITLE __--STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF 
                               ROYALTIES

SEC. __1. 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. __2. 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 (CO2), 
        nitrogen (N2), hydrogen sulphide 
        (H2S), 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 
        C15.
          (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. __3. 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.
  At the end of subtitle A of title II, add the following new 
section:

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.
  At the end of title III add the following new section:

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.''.
  Page 82, line 24, before ``The Secretary'' insert the 
following:
          (1) In general.--
  Page 83, line 4, strike ``(1)'' and insert ``(A)''.
  Page 83, line 7, strike ``(2)'' and insert ``(B)''.
  Page 83, line 11, strike ``(3)'' and insert ``(C)''.
  Page 83, line 15, strike ``(4)'' and insert ``(D)''.
  Page 83, line 19, strike ``(5)'' and insert ``(E)''.
  Page 83, line 20, strike ``(6)'' and insert ``(F)''.
  Page 83, after line 22, insert the following:
          ``(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.
  Page 129, after line 19, insert the following:
          (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.
  At the end of subtitle A of title II add the following new 
section:

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.''.
  Page 145, line 3, insert ``, 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'' after ``potential energy resources''.
  Page 147, line 23, insert ``, 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'' after 
``Strategic Plan''.
                              ----------                              --
--------


    2. An Amendment To Be Offered by Representative Castle, or His 
                   Designee, Debatable for 10 Minutes

  At the end of title I add the following new section:

SEC. __. 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.
                              ----------                              


3. An Amendment To Be Offered by Representative Kind, or His Designee, 
                        Debatable for 10 Minutes

  Page 127, line 6, strike the closing quotation marks and the 
final period.
  Page 127, after line 6, insert the following:
  ``(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.''.
                              ----------                              


  4. An Amendment To Be Offered by Representative Shea-Porter, or Her 
                   Designee, Debatable for 10 Minutes

  Page 28, line 16, insert at the end the following new 
sentence: ``The Secretary shall update the supplementary ethics 
guidance not less than once every three years thereafter.''.
  Page 78, strike line 16, and insert the following:
                  ``(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;''''.
  Page 82, line 18, strike ``and''.
  Page 82, line 23, strike the period and insert ``; and''.
  Page 82, after line 23, add the following:
                  ``(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.
                              ----------                              


    5. An Amendment To Be Offered by Representative Teague, or His 
                   Designee, Debatable for 10 Minutes

  Page 167, line 2, strike ``and''.
  Page 167, after line 2, insert the following:
          (2) in subsection (e) by striking ``self-insurer,'' 
        and inserting ``self-insurer, participation in 
        cooperative arrangements such as pooling or joint 
        insurance,''; and
  Page 167, line 3, strike ``(2)'' and insert ``(3)''.
                              ----------                              


6. An Amendment To Be Offered by Representative Himes, or His Designee, 
                        Debatable for 10 Minutes

  Page 172, after line 8, insert the following:
  (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.''.
  Page 172, line 9, strike ``(e)'' and insert ``(f)''.
                              ----------                              


   7. An Amendment To Be Offered by Representative Connolly, or His 
                   Designee, Debatable for 10 Minutes

  At the end of title VII add the following new section:

SEC. __. 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.
                              ----------                              


   8. An Amendment To Be Offered by Representative Melancon, or His 
                   Designee, Debatable for 10 Minutes

  At the end of title II add the following:

                  Subtitle C--Limitation on Moratorium

SEC. 231. 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.
  (e) 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.
  (f) 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.).
                              ----------                              


   9. An Amendment To Be Offered by Representative Melancon, or His 
                   Designee, Debatable for 10 Minutes

  At the end of title V, add the following new section (and 
conform the table of contents accordingly):

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.

         PART C--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  Page 2, line 11, insert a comma after ``violation of''.
  Page 2, strike line 23 and all that follows through page 3, 
line 2, and insert the following:
                  (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 3(1): an illness, injury, 
                unsafe condition, or information regarding the 
                adequacy of any oil spill response plan 
                required by law; or
  Page 3, line 3, strike ``(F)'' and insert ``(G)''.
  Page 3, beginning on line 10, strike ``; or'' and all that 
follows through line 16, and insert a period.
  Page 11, beginning on line 9, strike ``with jurisdiction'' 
and all that follows through ``controversy, and'' on line 11 
and insert a comma.
  Page 11, beginning on line 17, strike ``shall have 
jurisdiction to grant'' and insert ``may award''.
  Page 12, strike lines 6 through 8 and insert the following:
                          (iv) litigation costs, including 
                        reasonable attorney fees and expert 
                        witness fees.
  Page 12, beginning on line 10, strike ``adversely affected 
or''.
  Page 12, beginning on line 14, strike ``United States Court'' 
and all that follows through ``violation'' on line 18 and 
insert ``appropriate United States Court of Appeals''.
  Page 12, line 21, strike ``conform to'' and insert ``be in 
accordance with''.
  Page 13, line 5, strike ``criminal or other civil'' and 
insert ``other''.
  Page 13, line 8, strike ``file'' and insert ``obtain in''.
  Page 13, beginning on line 12, strike ``to enforce such 
order'' and all that follows through ``grant'' on line 14.
  Page 13, beginning on line 18, strike ``(A) in general'' and 
all that follows through page 14, line 4, and insert:
                  (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.

                                  
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