U.S. Congress - Text of H.R.3534 as Placed on Calendar Senate Consolidated Land, Energy, and Aquatic Resources Act of 2009
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Donate NowH.R.3534 - Consolidated Land, Energy, and Aquatic Resources Act of 2009
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.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 17,505 | n/a | n/a |
| Reported in House | 39,974 | 510 | 84% |
| Engrossed in House | 49,926 | 517 | 63% |
| Placed on Calendar Senate | 49,725 | 7 Show Changes Hide Changes | 0% |
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HR 3534 EHPCSCommentsClose CommentsPermalink
Calendar No. 510CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 3534CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
August 3, 2010CommentsClose CommentsPermalink
August 3, 2010CommentsClose CommentsPermalink
Received; read the first timeCommentsClose CommentsPermalink
August 4, 2010CommentsClose CommentsPermalink
August 4, 2010CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Definitions.CommentsClose CommentsPermalink
TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES
Sec. 101. Bureau of Energy and Resource Management.CommentsClose CommentsPermalink
Sec. 102. Bureau of Safety and Environmental Enforcement.CommentsClose CommentsPermalink
Sec. 103. Office of Natural Resources Revenue.CommentsClose CommentsPermalink
Sec. 104. Ethics.CommentsClose CommentsPermalink
Sec. 105. References.CommentsClose CommentsPermalink
Sec. 106. Abolishment of Minerals Management Service.CommentsClose CommentsPermalink
Sec. 107. Conforming amendment.CommentsClose CommentsPermalink
Sec. 108. Outer Continental Shelf Safety and Environmental Advisory Board.CommentsClose CommentsPermalink
Sec. 109. Limitation on effect on development of ocean renewable energy resource facilities.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 202. Definitions.CommentsClose CommentsPermalink
Sec. 203. National policy for the Outer Continental Shelf.CommentsClose CommentsPermalink
Sec. 204. Jurisdiction of laws on the Outer Continental Shelf.CommentsClose CommentsPermalink
Sec. 205. Outer Continental Shelf leasing standard.CommentsClose CommentsPermalink
Sec. 206. Leases, easements, and rights-of-way.CommentsClose CommentsPermalink
Sec. 207. Disposition of revenues.CommentsClose CommentsPermalink
Sec. 208. Exploration plans.CommentsClose CommentsPermalink
Sec. 209. Outer Continental Shelf leasing program.CommentsClose CommentsPermalink
Sec. 210. Environmental studies.CommentsClose CommentsPermalink
Sec. 211. Safety regulations.CommentsClose CommentsPermalink
Sec. 212. Enforcement of safety and environmental regulations.CommentsClose CommentsPermalink
Sec. 213. Judicial review.CommentsClose CommentsPermalink
Sec. 214. Remedies and penalties.CommentsClose CommentsPermalink
Sec. 215. Uniform planning for Outer Continental Shelf.CommentsClose CommentsPermalink
Sec. 216. Oil and gas information program.CommentsClose CommentsPermalink
Sec. 217. Limitation on royalty-in-kind program.CommentsClose CommentsPermalink
Sec. 218. Restrictions on employment.CommentsClose CommentsPermalink
Sec. 219. Repeal of royalty relief provisions.CommentsClose CommentsPermalink
Sec. 220. Manning and buy- and build-American requirements.CommentsClose CommentsPermalink
Sec. 221. National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.CommentsClose CommentsPermalink
Sec. 222. Coordination and consultation with affected State and local governments.CommentsClose CommentsPermalink
Sec. 223. Implementation.CommentsClose CommentsPermalink
Sec. 224. Report on environmental baseline studies.CommentsClose CommentsPermalink
Sec. 225. Cumulative impacts on marine mammal species and stocks and subsistence use.CommentsClose CommentsPermalink
Subtitle B--Royalty Relief for American Consumers
Sec. 231. Short title.CommentsClose CommentsPermalink
Sec. 232. Eligibility for new leases and the transfer of leases.CommentsClose CommentsPermalink
Sec. 233. Price thresholds for royalty suspension provisions.CommentsClose CommentsPermalink
Subtitle C--Limitation on Moratorium
Sec. 241. Limitation of moratorium on certain permitting and drilling activities.CommentsClose CommentsPermalink
TITLE III--OIL AND GAS ROYALTY REFORM
Sec. 301. Amendments to definitions.CommentsClose CommentsPermalink
Sec. 302. Compliance reviews.CommentsClose CommentsPermalink
Sec. 303. Clarification of liability for royalty payments.CommentsClose CommentsPermalink
Sec. 304. Required recordkeeping.CommentsClose CommentsPermalink
Sec. 305. Fines and penalties.CommentsClose CommentsPermalink
Sec. 306. Interest on overpayments.CommentsClose CommentsPermalink
Sec. 307. Adjustments and refunds.CommentsClose CommentsPermalink
Sec. 308. Conforming amendment.CommentsClose CommentsPermalink
Sec. 309. Obligation period.CommentsClose CommentsPermalink
Sec. 310. Notice regarding tolling agreements and subpoenas.CommentsClose CommentsPermalink
Sec. 311. Appeals and final agency action.CommentsClose CommentsPermalink
Sec. 312. Assessments.CommentsClose CommentsPermalink
Sec. 313. Collection and production accountability.CommentsClose CommentsPermalink
Sec. 314. Natural gas reporting.CommentsClose CommentsPermalink
Sec. 315. Penalty for late or incorrect reporting of data.CommentsClose CommentsPermalink
Sec. 316. Required recordkeeping.CommentsClose CommentsPermalink
Sec. 317. Shared civil penalties.CommentsClose CommentsPermalink
Sec. 318. Applicability to other minerals.CommentsClose CommentsPermalink
Sec. 319. Entitlements.CommentsClose CommentsPermalink
Sec. 320. Limitation on royalty in-kind program.CommentsClose CommentsPermalink
Sec. 321. Application of royalty to oil that is saved, removed, sold, or discharged under offshore oil and gas leases.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 402. Extension of the Land and Water Conservation Fund.CommentsClose CommentsPermalink
Sec. 403. Permanent funding.CommentsClose CommentsPermalink
Subtitle B--National Historic Preservation Fund
Sec. 411. Permanent funding.CommentsClose CommentsPermalink
TITLE V--GULF OF MEXICO RESTORATION
Sec. 501. Gulf of Mexico restoration program.CommentsClose CommentsPermalink
Sec. 502. Gulf of Mexico long-term environmental monitoring and research program.CommentsClose CommentsPermalink
Sec. 503. Gulf of Mexico emergency migratory species alternative habitat program.CommentsClose CommentsPermalink
Sec. 504. Gulf of Mexico Restoration Account.CommentsClose CommentsPermalink
TITLE VI--COORDINATION AND PLANNING
Sec. 601. Regional coordination.CommentsClose CommentsPermalink
Sec. 602. Regional Coordination Councils.CommentsClose CommentsPermalink
Sec. 603. Regional strategic plans.CommentsClose CommentsPermalink
Sec. 604. Regulations and savings clause.CommentsClose CommentsPermalink
Sec. 605. Ocean Resources Conservation and Assistance Fund.CommentsClose CommentsPermalink
Sec. 606. Waiver.CommentsClose CommentsPermalink
TITLE VII--OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION
Sec. 701. Short title.CommentsClose CommentsPermalink
Sec. 702. Repeal of and adjustments to limitation on liability.CommentsClose CommentsPermalink
Sec. 703. Evidence of financial responsibility for offshore facilities.CommentsClose CommentsPermalink
Sec. 704. Damages to human health.CommentsClose CommentsPermalink
Sec. 705. Clarification of liability for discharges from mobile offshore drilling units.CommentsClose CommentsPermalink
Sec. 706. Standard of review for damage assessment.CommentsClose CommentsPermalink
Sec. 707. Procedures for claims against Fund; Information on claims.CommentsClose CommentsPermalink
Sec. 708. Additional amendments and clarifications to Oil Pollution Act of 1990.CommentsClose CommentsPermalink
Sec. 709. Americanization of offshore operations in the Exclusive Economic Zone.CommentsClose CommentsPermalink
Sec. 710. Safety management systems for mobile offshore drilling units.CommentsClose CommentsPermalink
Sec. 711. Safety standards for mobile offshore drilling units.CommentsClose CommentsPermalink
Sec. 712. Operational control of mobile offshore drilling units.CommentsClose CommentsPermalink
Sec. 713. Single-hull tankers.CommentsClose CommentsPermalink
Sec. 714. Repeal of response plan waiver.CommentsClose CommentsPermalink
Sec. 715. National Contingency Plan.CommentsClose CommentsPermalink
Sec. 716. Tracking Database.CommentsClose CommentsPermalink
Sec. 717. Evaluation and approval of response plans; maximum penalties.CommentsClose CommentsPermalink
Sec. 718. Oil and hazardous substance cleanup technologies.CommentsClose CommentsPermalink
Sec. 719. Implementation of oil spill prevention and response authorities.CommentsClose CommentsPermalink
Sec. 720. Impacts to Indian Tribes and public service damages.CommentsClose CommentsPermalink
Sec. 721. Federal enforcement actions.CommentsClose CommentsPermalink
Sec. 722. Time required before electing to proceed with judicial claim or against the Fund.CommentsClose CommentsPermalink
Sec. 723. Authorized level of Coast Guard personnel.CommentsClose CommentsPermalink
Sec. 724. Clarification of memorandums of understanding.CommentsClose CommentsPermalink
Sec. 725. Build America requirement for offshore facilities.CommentsClose CommentsPermalink
Sec. 726. Oil spill response vessel database.CommentsClose CommentsPermalink
Sec. 727. Offshore sensing and monitoring systems.CommentsClose CommentsPermalink
Sec. 728. Oil and gas exploration and production.CommentsClose CommentsPermalink
Sec. 729. Leave retention authority.CommentsClose CommentsPermalink
Sec. 730. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 731. Extension of liability to persons having ownership interests in responsible parties.CommentsClose CommentsPermalink
Sec. 732. Clarification of liability under Oil Pollution Act of 1990.CommentsClose CommentsPermalink
Sec. 733. Salvage activities.CommentsClose CommentsPermalink
Sec. 734. Requirement for redundancy in response plans.CommentsClose CommentsPermalink
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Repeal of certain taxpayer subsidized royalty relief for the oil and gas industry.CommentsClose CommentsPermalink
Sec. 802. Conservation fee.CommentsClose CommentsPermalink
Sec. 803. Leasing on Indian lands.CommentsClose CommentsPermalink
Sec. 804. Outer Continental Shelf State boundaries.CommentsClose CommentsPermalink
Sec. 805. Liability for damages to national wildlife refuges.CommentsClose CommentsPermalink
Sec. 806. Strengthening coastal State oil spill planning and response.CommentsClose CommentsPermalink
Sec. 807. Information sharing.CommentsClose CommentsPermalink
Sec. 808. Limitation on use of funds.CommentsClose CommentsPermalink
Sec. 809. Environmental review.CommentsClose CommentsPermalink
Sec. 810. Federal response to State proposals to protect State lands and waters.CommentsClose CommentsPermalink
Sec. 811. Government Accountability Office evaluation.CommentsClose CommentsPermalink
Sec. 812. Study on relief wells.CommentsClose CommentsPermalink
TITLE IX--STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF ROYALTIES
Sec. 901. Short title.CommentsClose CommentsPermalink
Sec. 902. Study of actions to improve the accuracy of collection of Federal oil, condensate, and natural gas royalties.CommentsClose CommentsPermalink
Sec. 903. Definitions.CommentsClose CommentsPermalink
TITLE X--OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTION
Sec. 1001. Short title.CommentsClose CommentsPermalink
Sec. 1002. Whistleblower protections; employee protection from other retaliation.CommentsClose CommentsPermalink
Sec. 1003. Definitions.CommentsClose CommentsPermalink
SEC. 2. DEFINITIONS.
For the purposes of this Act:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(3) DEPARTMENT- The term ‘Department’ means the Department of the Interior, except as the context indicates otherwise.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(6) INDIAN LAND- The term ‘Indian land’ has the meaning given the term in section 502(a) of title V of
(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 (
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) a physical, chemical, geological, and microbial environment that is necessary to achieve such diversity.CommentsClose CommentsPermalink
(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 (
(10) NONRENEWABLE ENERGY RESOURCE- The term ‘nonrenewable energy resource’ means oil and natural gas.CommentsClose CommentsPermalink
(11) OPERATOR- The term ‘operator’ means--CommentsClose CommentsPermalink
(A) the lessee; orCommentsClose CommentsPermalink
(B) a person designated by the lessee as having control or management of operations on the leased area or a portion thereof, who is--CommentsClose CommentsPermalink
(i) approved by the Secretary, acting through the Bureau of Energy and Resource Management; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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 (
(14) RENEWABLE ENERGY RESOURCE- The term ‘renewable energy resource’ means each of the following:CommentsClose CommentsPermalink
(A) Wind energy.CommentsClose CommentsPermalink
(B) Solar energy.CommentsClose CommentsPermalink
(C) Geothermal energy.CommentsClose CommentsPermalink
(D) Landfill gas.CommentsClose CommentsPermalink
(E) Marine and hydrokinetic renewable energy, as that term is defined in section 632 of the Energy Independence and Security Act of 2007 (
(15) SECRETARIES- The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Commerce.CommentsClose CommentsPermalink
(16) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, except as otherwise provided in this Act.CommentsClose CommentsPermalink
(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 (
TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIESCommentsClose CommentsPermalink
TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIESCommentsClose CommentsPermalink
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’).CommentsClose CommentsPermalink
(b) Director-CommentsClose CommentsPermalink
(1) APPOINTMENT- The Director shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of--CommentsClose CommentsPermalink
(A) professional background, demonstrated competence, and ability; andCommentsClose CommentsPermalink
(B) capacity to--CommentsClose CommentsPermalink
(i) administer the provisions of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) COMPENSATION- The Director shall be compensated at the rate provided for Level V of the Executive Schedule under
(c) Duties-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) on the Outer Continental Shelf, pursuant to the Outer Continental Shelf Lands Act as amended by this Act (
(B) on Federal public lands, pursuant to the Mineral Leasing Act (
(C) on acquired Federal lands, pursuant to the Mineral Leasing Act for Acquired Lands (
(D) in the National Petroleum Reserve in Alaska, pursuant to the Naval Petroleum Reserves Production Act of 1976 (
(E) on any Federal land pursuant to any mineral leasing law; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) INDEPENDENT ENVIRONMENTAL SCIENCE-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall create an independent office within the Bureau that--CommentsClose CommentsPermalink
(i) shall report to the Director;CommentsClose CommentsPermalink
(ii) shall be programmatically separate and distinct from the leasing and permitting activities of the Bureau; andCommentsClose CommentsPermalink
(iii) shall--CommentsClose CommentsPermalink
(I) carry out the environmental studies program under section 20 of the Outer Continental Shelf Lands Act (
(II) conduct any environmental analyses necessary for the programs administered by the Bureau; andCommentsClose CommentsPermalink
(III) carry out other functions as deemed necessary by the Secretary.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) the Bureau of Safety and Environmental Enforcement;CommentsClose CommentsPermalink
(ii) the United States Fish and Wildlife Service;CommentsClose CommentsPermalink
(iii) the United States Geological Survey; andCommentsClose CommentsPermalink
(iv) the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(4) LIMITATION- The Secretary shall not carry out through the Bureau any function, power, or duty that is--CommentsClose CommentsPermalink
(A) required by section 102 to be carried out through Bureau of Safety and Environmental Enforcement; orCommentsClose CommentsPermalink
(B) required by section 103 to be carried out through the Office of Natural Resources Revenue.CommentsClose CommentsPermalink
(d) Comprehensive Data and Analyses on Outer Continental Shelf Resources-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(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 (
(B) USE OF DATA AND INFORMATION- The Director shall, in carrying out functions pursuant to the Outer Continental Lands Act (
(2) INTERAGENCY COOPERATION- In carrying out programs under this subsection, the Bureau shall--CommentsClose CommentsPermalink
(A) utilize the authorities of subsection (g) and (h) of section 18 of the Outer Continental Shelf Lands Act (
(B) cooperate with appropriate offices in the Department and in other Federal agencies;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
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’).CommentsClose CommentsPermalink
(b) Director-CommentsClose CommentsPermalink
(1) APPOINTMENT- The Director shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of--CommentsClose CommentsPermalink
(A) professional background, demonstrated competence, and ability; andCommentsClose CommentsPermalink
(B) capacity to administer the provisions of this Act.CommentsClose CommentsPermalink
(2) COMPENSATION- The Director shall be compensated at the rate provided for Level V of the Executive Schedule under
(c) Duties-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act (
(B) on Federal public lands, pursuant to the Mineral Leasing Act (
(C) on acquired Federal lands, pursuant to the Mineral Leasing Act for Acquired Lands (
(D) in the National Petroleum Reserve in Alaska, pursuant to the Naval Petroleum Reserves Production Act of 1976 (
(E) pursuant to--CommentsClose CommentsPermalink
(i) the Federal Oil and Gas Royalty Management Act of 1982 (
(ii) the Energy Policy Act of 2005 (
(iii) the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (
(iv) the Forest and Rangeland Renewable Resources Planning Act of 1974 (
(v) the Federal Land Policy and Management Act of 1976 (
(vi) this Act; andCommentsClose CommentsPermalink
(vii) all other applicable Federal laws,CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(d) Authorities- In carrying out the duties under this section, the Secretary’s authorities shall include--CommentsClose CommentsPermalink
(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 (
(2) suspending or prohibiting, on a temporary basis, any operation or activity, including production--CommentsClose CommentsPermalink
(A) on leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act (
(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 (
(3) cancelling any lease, permit, or right-of-way--CommentsClose CommentsPermalink
(A) on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act (
(B) on onshore Federal lands, in accordance with section 302(c) of the Federal Land Policy and Management Act of 1976 (
(4) compelling compliance with applicable worker safety and environmental laws and regulations;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(8) implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act (
(9) summoning witnesses and directing the production of evidence;CommentsClose CommentsPermalink
(10) levying fines and penalties and disqualifying operators; andCommentsClose CommentsPermalink
(11) carrying out any safety, response, and removal preparedness functions.CommentsClose CommentsPermalink
(e) Employees-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) QUALIFICATIONS- The qualification requirements referred to in paragraph (1)--CommentsClose CommentsPermalink
(A) shall be determined by the Secretary, subject to subparagraph (B); andCommentsClose CommentsPermalink
(B) shall include--CommentsClose CommentsPermalink
(i) three years of practical experience in oil and gas exploration, development, or production; orCommentsClose CommentsPermalink
(ii) a degree in an appropriate field of engineering from an accredited institution of higher learning.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) TRAINING ACADEMY-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) FUNCTIONS OF ACADEMY- The Secretary, through the Academy, shall be responsible for--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(ii) the training of technical support personnel of the Bureau;CommentsClose CommentsPermalink
(iii) any other training programs for oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; andCommentsClose CommentsPermalink
(iv) certification of the successful completion of training programs for newly hired and experienced oil and gas inspectors.CommentsClose CommentsPermalink
(C) COOPERATIVE AGREEMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, labor organizations, safety training firms, and oil and gas operators and related industries.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) ADDITIONAL TRAINING PROGRAMS-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) to enable persons to qualify for positions in the administration of this Act; andCommentsClose CommentsPermalink
(ii) to provide for the continuing education of inspectors or other appropriate Departmental personnel.CommentsClose CommentsPermalink
(B) FINANCIAL AND TECHNICAL ASSISTANCE- The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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’).CommentsClose CommentsPermalink
(b) Appointment and Compensation-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) professional competence; andCommentsClose CommentsPermalink
(B) capacity to--CommentsClose CommentsPermalink
(i) administer the provisions of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) COMPENSATION- The Director shall be compensated at the rate provided for Level V of the Executive Schedule under
(c) Duties-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall carry out, through the Office--CommentsClose CommentsPermalink
(A) all functions, powers, and duties vested in the Secretary and relating to the administration of the royalty and revenue management functions pursuant to--CommentsClose CommentsPermalink
(i) the Outer Continental Shelf Lands Act (
(ii) the Mineral Leasing Act (
(iii) the Mineral Leasing Act for Acquired Lands (
(iv) the Geothermal Steam Act of 1970 (
(v) the Naval Petroleum Reserves Production Act of 1976 (
(vi) the Federal Oil and Gas Royalty Management Act of 1982 (
(vii) the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (
(viii) the Energy Policy Act of 2005 (
(ix) the Forest and Rangeland Renewable Resources Planning Act of 1974 (
(x) the Federal Land Policy and Management Act of 1976 (
(xi) this Act and all other applicable Federal laws; andCommentsClose CommentsPermalink
(B) all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding--CommentsClose CommentsPermalink
(i) royalty and revenue collection;CommentsClose CommentsPermalink
(ii) royalty and revenue distribution;CommentsClose CommentsPermalink
(iii) auditing and compliance;CommentsClose CommentsPermalink
(iv) investigation and enforcement of royalty and revenue regulations; andCommentsClose CommentsPermalink
(v) asset management for onshore and offshore activities.CommentsClose CommentsPermalink
(d) Oversight- In order to provide transparency and ensure strong oversight over the revenue program, the Secretary shall--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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 (
(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).CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(b) Guidance- Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.
(a) Abolishment- The Minerals Management Service (in this section referred to as the ‘Service’) is abolished.CommentsClose CommentsPermalink
(b) Completed Administrative Actions-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 107. CONFORMING AMENDMENT.
‘Director, Bureau of Energy and Resource Management, Department of the Interior.CommentsClose CommentsPermalink
‘Director, Bureau of Safety and Environmental Enforcement, Department of the Interior.CommentsClose CommentsPermalink
‘Director, Office of Natural Resources Revenue, Department of the Interior.’.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Membership-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) BALANCE- In appointing members to the Board, the Secretary shall ensure a balanced representation of industry- and nonindustry-related interests.CommentsClose CommentsPermalink
(c) Chair- The Secretary shall appoint the Chair for the Board.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere;CommentsClose CommentsPermalink
(2) assesses whether existing well control regulations issued by the Secretary under the Outer Continental Shelf Lands Act (
(3) as appropriate, recommends modifications to the regulations issued under this Act to ensure adequate protection of safety and the environment.CommentsClose CommentsPermalink
(f) Reports- Reports of the Board shall be submitted to the Congress and made available to the public in electronically accessible form.CommentsClose CommentsPermalink
(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
SEC. 109. LIMITATION ON EFFECT ON DEVELOPMENT OF OCEAN RENEWABLE ENERGY RESOURCE FACILITIES.
Nothing in this title shall delay development of ocean renewable energy resource facilities including--CommentsClose CommentsPermalink
(1) promotion of offshore wind development;CommentsClose CommentsPermalink
(2) planning, leasing, licensing, and fee and royalty collection for such development of ocean renewable energy resource facilities; andCommentsClose CommentsPermalink
(3) developing and administering an efficient leasing and licensing process for ocean renewable energy resource facilities.CommentsClose CommentsPermalink
TITLE II--FEDERAL OIL AND GAS DEVELOPMENTCommentsClose CommentsPermalink
TITLE II--FEDERAL OIL AND GAS DEVELOPMENTCommentsClose CommentsPermalink
Subtitle A--Safety, Environmental, and Financial Reform of the Outer Continental Shelf Lands ActCommentsClose CommentsPermalink
Subtitle A--Safety, Environmental, and Financial Reform of the Outer Continental Shelf Lands ActCommentsClose CommentsPermalink
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ‘Outer Continental Shelf Lands Act Amendments of 2010’.CommentsClose CommentsPermalink
SEC. 202. DEFINITIONS.
Section 2 of the Outer Continental Shelf Lands Act (
‘(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.’.CommentsClose CommentsPermalink
SEC. 203. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF.
Section 3 of the Outer Continental Shelf Lands Act (
(1) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) recognizes the need of the United States for domestic sources of energy, food, minerals, and other resources;CommentsClose CommentsPermalink
‘(B) minimizes the potential impacts of development of those resources on the marine and coastal environment and on safety; andCommentsClose CommentsPermalink
‘(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;’;CommentsClose CommentsPermalink
(2) in paragraph (4), by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink
(3) in paragraph (5), by striking ‘should be’ and inserting ‘shall be’, and striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink
(4) by redesignating paragraph (6) as paragraph (7);CommentsClose CommentsPermalink
(5) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) harmful impacts to life (including fish and other aquatic life) and health;CommentsClose CommentsPermalink
‘(B) damage to the marine, coastal, and human environments and to property; andCommentsClose CommentsPermalink
‘(C) harm to other users of the waters, seabed, or subsoil; and’; andCommentsClose CommentsPermalink
(6) in paragraph (7) (as so redesignated), by--CommentsClose CommentsPermalink
(A) striking ‘should be’ and inserting ‘shall be’;CommentsClose CommentsPermalink
(B) inserting ‘best available’ after ‘using’; andCommentsClose CommentsPermalink
(C) striking ‘or minimize’.CommentsClose CommentsPermalink
SEC. 204. JURISDICTION OF LAWS ON THE OUTER CONTINENTAL SHELF.
Section 4(a)(1) of the Outer Continental Shelf Lands Act (
(1) inserting ‘or producing or supporting production of energy from sources other than oil and gas’ after ‘therefrom’;CommentsClose CommentsPermalink
(2) inserting ‘or transmitting such energy’ after ‘transporting such resources’; andCommentsClose CommentsPermalink
(3) inserting ‘and other energy’ after ‘That mineral’.CommentsClose CommentsPermalink
SEC. 205. OUTER CONTINENTAL SHELF LEASING STANDARD.
(a) In General- Section 5 of the Outer Continental Shelf Lands Act (
(1) in subsection (a), by striking ‘The Secretary may at any time’ and inserting ‘The Secretary shall’;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(4) in clause (ii) of subsection (a)(2)(A), by striking ‘a reasonable period of time’ and inserting ‘30 days’;CommentsClose CommentsPermalink
(5) in subsection (a)(7), by inserting ‘in a manner that minimizes harmful impacts to the marine and coastal environment’ after ‘lease area’;CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘(8) for independent third-party certification requirements of safety systems related to well control, such as blowout preventers;CommentsClose CommentsPermalink
‘(9) for performance requirements for blowout preventers, including quantitative risk assessment standards, subsea testing, and secondary activation methods;CommentsClose CommentsPermalink
‘(10) for independent third-party certification requirements of well casing and cementing programs and procedures;CommentsClose CommentsPermalink
‘(11) for the establishment of mandatory safety and environmental management systems by operators on the Outer Continental Shelf;CommentsClose CommentsPermalink
‘(12) for procedures and technologies to be used during drilling operations to minimize the risk of ignition and explosion of hydrocarbons;’;CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘(14) ensuring compliance with other applicable environmental and natural resource conservation laws.’; andCommentsClose CommentsPermalink
(8) by adding at the end the following new subsections:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(l) Regulatory Standards for Blowout Preventers, Well Design, and Cementing-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) BLOWOUT PREVENTERS- Subject to paragraph (1), regulations issued under this Act for blowout preventers shall include at a minimum the following requirements:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) Regular testing of the emergency backup control systems, including testing during deployment of the blowout preventer.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) WELL DESIGN- Subject to paragraph (1), regulations issued under this Act for well design standards shall include at a minimum the following requirements:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) That wells shall be designed so that a failure of one barrier does not significantly increase the likelihood of another barrier’s failure.CommentsClose CommentsPermalink
‘(C) That the casing design is appropriate for the purpose for which it is intended under reasonably expected wellbore conditions.CommentsClose CommentsPermalink
‘(D) The installation and verification with a pressure test of a lockdown device at the time the casing is installed in the wellhead.CommentsClose CommentsPermalink
‘(4) CEMENTING- Subject to paragraph (1), regulations issued under this Act for cementing standards shall include at a minimum the following requirements:CommentsClose CommentsPermalink
‘(A) Adequate centralization of the casing to ensure proper distribution of cement.CommentsClose CommentsPermalink
‘(B) A full circulation of drilling fluids prior to cementing.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(D) Cement bond logs for all cementing jobs intended to provide a barrier to hydrocarbon flow.CommentsClose CommentsPermalink
‘(E) Cement bond logs or such other integrity tests as the Secretary may prescribe for cement jobs other than those identified in subparagraph (D).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(6) APPLICATION TO INSHORE WATERS; STATE IMPLEMENTATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Requirements established under this subsection shall apply, as provided in subparagraph (B), to offshore drilling operations that take place on lands that are landward of the outer Continental Shelf and seaward of the line of mean high tide, and that the Secretary determines, based on criteria established by rule, could, in the event of a blowout, lead to extensive and widespread harm to safety or the environment.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(m) Rulemaking Dockets-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) DOCUMENTS TO BE INCLUDED- The Secretary shall include in the docket--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) the transcript of each public hearing, if any, on the proposed rule, promptly upon receipt from the person who transcribed such hearing; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) PROPOSED AND DRAFT FINAL RULE AND ASSOCIATED MATERIAL- The Secretary shall include in the docket--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Subsection (g) of section 25 of the Outer Continental Shelf Lands Act (
SEC. 206. LEASES, EASEMENTS, AND RIGHTS-OF-WAY.
(a) Financial Assurance and Fiscal Responsibility- Section 8 of the Outer Continental Shelf Lands Act (
‘(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 (
et seq.).CommentsClose CommentsPermalink 33 U.S.C. 2701 ‘(r) Periodic Fiscal Review and Report-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A)(i) the royalty and rental rates included in new offshore oil and gas leases; andCommentsClose CommentsPermalink
‘(ii) the rationale for the rates;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(C)(i) the minimum bond or surety amounts required pursuant to offshore oil and gas leases; andCommentsClose CommentsPermalink
‘(ii) the rationale for the minimum amounts;CommentsClose CommentsPermalink
‘(D) whether the bond or surety amounts described in subparagraph (C) are adequate to comply with subsection (q); andCommentsClose CommentsPermalink
‘(E) whether the Secretary intends to modify the royalty or rental rates, or bond or surety amounts, based on the review.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
‘(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
‘(s) Comparative Review of Fiscal System-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) bonus bids;CommentsClose CommentsPermalink
‘(B) rental rates; andCommentsClose CommentsPermalink
‘(C) royalties.CommentsClose CommentsPermalink
‘(2) REQUIREMENTS-CommentsClose CommentsPermalink
‘(A) CONTENTS; SCOPE- A review under paragraph (1) shall include--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(ii) an assessment of the overall offshore oil and gas fiscal system in the United States, as compared to foreign countries.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) REPORT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall prepare a report that contains--CommentsClose CommentsPermalink
‘(i) the contents and results of the review carried out under paragraph (1) for the period covered by the report; andCommentsClose CommentsPermalink
‘(ii) any recommendations of the Secretary based on the contents and results of the review.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Environmental Diligence- Section 8 of the Outer Continental Shelf Lands Act (
‘(d) Requirement for Certification of Responsible Stewardship-CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(A) The person is meeting due diligence, safety, and environmental requirements on other leases, easements, and rights-of-way.CommentsClose CommentsPermalink
‘(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 (
), the person has met all of its obligations under that Act to provide compensation for covered removal costs and damages.CommentsClose CommentsPermalink 33 U.S.C. 2702 ‘(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)--CommentsClose CommentsPermalink
‘(i) was not found to have committed willful or repeated violations under the Occupational Safety and Health Act of 1970 (
et seq.) (including State plans approved under section 18(c) of such Act ( 29 U.S.C. 651 )) 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;CommentsClose CommentsPermalink 29 U.S.C. 667(c) ‘(ii) was not convicted of a criminal violation for death or serious bodily injury;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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 (
et seq.) (including State programs approved under sections 402 and 404 of such Act ( 33 U.S.C. 1251 and 1344)) in a total amount that is equal to more than $10,000,000; andCommentsClose CommentsPermalink 33 U.S.C. 1342 ‘(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 (
et seq.) (including State plans approved under section 110 of such Act ( 42 U.S.C. 7401 )) in a total amount that is equal to more than $10,000,000.CommentsClose CommentsPermalink 42 U.S.C. 7410 ‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(c) Alternative Energy Development-CommentsClose CommentsPermalink
(1) CLARIFICATION RELATING TO ALTERNATIVE ENERGY DEVELOPMENT- Section 8(p) of the Outer Continental Shelf Lands Act (
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the matter preceding subparagraph (A), by inserting ‘or’ after ‘1501 et seq.),’, and by striking ‘or other applicable law,’; andCommentsClose CommentsPermalink
(ii) by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(B) in paragraph (4)--CommentsClose CommentsPermalink
(i) in subparagraph (E), by striking ‘coordination’ and inserting ‘in consultation’; andCommentsClose CommentsPermalink
(ii) in subparagraph (J)(ii), by inserting ‘a potential site for an alternative energy facility,’ after ‘deepwater port,’.CommentsClose CommentsPermalink
(2) NONCOMPETITIVE ALTERNATIVE ENERGY LEASE OPTIONS- Section 8(p)(3) of such Act (
‘(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--CommentsClose CommentsPermalink
‘(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 (
note; 43 U.S.C. 1337 );CommentsClose CommentsPermalink Public Law 109-58 ‘(B) the lease, easement, right-of-way, or other authorization--CommentsClose CommentsPermalink
‘(i) is for the placement and operation of a meteorological or marine data collection facility; andCommentsClose CommentsPermalink
‘(ii) has a term of not more than 5 years; orCommentsClose CommentsPermalink
‘(C) the Secretary determines, after providing public notice of a proposed lease, easement, right-of-way, or other authorization, that no competitive interest exists.’.CommentsClose CommentsPermalink
(d) Review of Impacts of Lease Sales on the Marine and Coastal Environment by Secretary- Section 8 of the Outer Continental Shelf Lands Act (
‘(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.’.CommentsClose CommentsPermalink
(e) Limitation on Lease Tract Size- Section 8(b)(1) of the Outer Continental Shelf Lands Act (
(f) Sulphur Leases- Section 8(i) of the Outer Continental Shelf Lands Act (
(g) Terms and Provisions- Section 8(b) of the Outer Continental Shelf Lands Act (
SEC. 207. DISPOSITION OF REVENUES.
Section 9 of the Outer Continental Shelf Lands Act (
‘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.CommentsClose CommentsPermalink
‘(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 (
et seq.).CommentsClose CommentsPermalink 16 U.S.C. 460l-4 ‘(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 (
et seq.).CommentsClose CommentsPermalink 16 U.S.C. 470 ‘(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.CommentsClose CommentsPermalink
‘(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 (
note).’.CommentsClose CommentsPermalink 43 U.S.C. 1331
SEC. 208. EXPLORATION PLANS.
(a) Limitation on Harm From Agency Exploration- Section 11(a)(1) of the Outer Continental Shelf Lands Act (
(b) Exploration Plan Review- Section 11(c) of the Outer Continental Shelf Lands Act (
(1) by inserting ‘(A)’ before the first sentence;CommentsClose CommentsPermalink
(2) in paragraph (1)(A), as designated by the amendment made by paragraph (1) of this subsection--CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(B) by striking the fourth sentence and inserting the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) any proposed activity under such plan is not likely to result in any condition described in section 5(a)(2)(A)(i);CommentsClose CommentsPermalink
‘(ii) the plan complies with other applicable environmental or natural resource conservation laws;CommentsClose CommentsPermalink
‘(iii) in the case of geophysical surveys, the applicant will use the best available technologies and methods to minimize impacts on marine life; andCommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(c) Requirements- Section 11(c) of the Outer Continental Shelf Lands Act (
‘(3) An exploration plan submitted under this subsection shall include, in the degree of detail that the Secretary may by regulation require--CommentsClose CommentsPermalink
‘(A) a schedule of anticipated exploration activities to be undertaken;CommentsClose CommentsPermalink
‘(B) a detailed and accurate description of equipment to be used for such activities, including--CommentsClose CommentsPermalink
‘(i) a description of each drilling unit;CommentsClose CommentsPermalink
‘(ii) a statement of the design and condition of major safety-related pieces of equipment, including independent third party certification of such equipment; andCommentsClose CommentsPermalink
‘(iii) a description of any new technology to be used;CommentsClose CommentsPermalink
‘(C) a map showing the location of each well to be drilled;CommentsClose CommentsPermalink
‘(D) a scenario for the potential blowout of the well involving the highest potential volume of liquid hydrocarbons, along with a complete description of a response plan to both control the blowout and manage the accompanying discharge of hydrocarbons, including the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, an estimate of the time it would take to drill a relief well, a description of other technology that may be used to regain control of the well or capture escaping hydrocarbons and the potential timeline for using that technology for its intended purpose, and the strategy, organization, and resources necessary to avoid harm to the environment from hydrocarbons;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(F) such other information deemed pertinent by the Secretary.’.CommentsClose CommentsPermalink
(d) Drilling Permits- Section 11(d) of the Outer Continental Shelf Lands Act (
‘(d) Drilling Permits-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(e) Exploration Permit Requirements- Section 11(g) of the Outer Continental Shelf Lands Act (
(1) striking ‘shall be issued’ and inserting ‘may be issued’;CommentsClose CommentsPermalink
(2) inserting ‘and after consultation with the Secretary of Commerce,’ after ‘in accordance with regulations issued by the Secretary’;CommentsClose CommentsPermalink
(3) striking the ‘and’ at the end of paragraph (2);CommentsClose CommentsPermalink
(4) in paragraph (3) striking ‘will not be unduly harmful to’ and inserting ‘is not likely to harm’;CommentsClose CommentsPermalink
(5) striking the period at the end of paragraph (3) and inserting a semicolon; andCommentsClose CommentsPermalink
(6) adding at the end the following:CommentsClose CommentsPermalink
‘(4) the exploration will be conducted in accordance with other applicable environmental and natural resource conservation laws;CommentsClose CommentsPermalink
‘(5) in the case of geophysical surveys, the applicant will use the best available technologies and methods to minimize impacts on marine life; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(f) Environmental Review of Plans; Deepwater Plan; Plan Disapproval- Section 11 of the Outer Continental Shelf Lands Act (
‘(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 (
et seq.), and shall require that such plan--CommentsClose CommentsPermalink 42 U.S.C. 4321
‘(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; andCommentsClose CommentsPermalink
‘(2) contain a technical systems analysis of the safety of the proposed activity, the blowout prevention technology, and the blowout and spill response plans.CommentsClose CommentsPermalink
‘(j) Disapproval of Plan-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) the threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; andCommentsClose CommentsPermalink
‘(C) the advantages of disapproving the plan outweigh the advantages of exploration.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18 of the Outer Continental Shelf Lands Act (
(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,’;CommentsClose CommentsPermalink
(2) in subsection (a)(1), by striking ‘considers’ and inserting ‘gives equal consideration to’;CommentsClose CommentsPermalink
(3) in subsection (a)(2)(A)--CommentsClose CommentsPermalink
(A) by striking ‘existing’ and inserting ‘the best available scientific’; andCommentsClose CommentsPermalink
(B) by inserting ‘, including at least three consecutive years of data’ after ‘information’;CommentsClose CommentsPermalink
(4) in subsection (a)(2)(D), by inserting ‘potential and existing sites of renewable energy installations,’ after ‘deepwater ports,’;CommentsClose CommentsPermalink
(5) in subsection (a)(2)(H), by inserting ‘including the availability of infrastructure to support oil spill response’ before the period;CommentsClose CommentsPermalink
(6) in subsection (a)(3), by--CommentsClose CommentsPermalink
(A) striking ‘to the maximum extent practicable,’;CommentsClose CommentsPermalink
(B) striking ‘obtain a proper balance between’ and inserting ‘minimize’; andCommentsClose CommentsPermalink
(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.’;CommentsClose CommentsPermalink
(7) in subsection (b)(1), by inserting ‘environmental, marine, and energy’ after ‘obtain’;CommentsClose CommentsPermalink
(8) in subsection (b)(2), by inserting ‘environmental, marine, and’ after ‘interpret the’;CommentsClose CommentsPermalink
(9) in subsection (b)(3), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink
(10) by striking the period at the end of subsection (b)(4) and inserting a semicolon;CommentsClose CommentsPermalink
(11) by adding at the end of subsection (b) the following:CommentsClose CommentsPermalink
‘(5) provide technical review and oversight of exploration plans and a systems review of the safety of well designs and other operational decisions;CommentsClose CommentsPermalink
‘(6) conduct regular and thorough safety reviews and inspections; andCommentsClose CommentsPermalink
‘(7) enforce all applicable laws and regulations.’;CommentsClose CommentsPermalink
(12) in the first sentence of subsection (c)(1), by inserting ‘the National Oceanic and Atmospheric Administration and’ after ‘including’;CommentsClose CommentsPermalink
(13) in subsection (c)(2)--CommentsClose CommentsPermalink
(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).’;CommentsClose CommentsPermalink
(B) in the third sentence, by inserting ‘or head of a Federal agency’ after ‘such Governor’; andCommentsClose CommentsPermalink
(C) in the fourth sentence, by inserting ‘or between the Secretary and the head of a Federal agency,’ after ‘affected State,’;CommentsClose CommentsPermalink
(14) by redesignating subsection (c)(3) as subsection (c)(4) and by inserting before subsection (c)(4) (as so redesignated) the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(15) in the second sentence of subsection (d)(2), by inserting ‘, the head of a Federal agency,’ after ‘Attorney General’;CommentsClose CommentsPermalink
(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.’; andCommentsClose CommentsPermalink
(17) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 210. ENVIRONMENTAL STUDIES.
(a) Information Needed for Assessment and Management of Environmental Impacts- Section 20 of the Outer Continental Shelf Lands Act (
‘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’.CommentsClose CommentsPermalink
(b) Impacts of Deep Water Spills- Section 20 of the Outer Continental Shelf Lands Act (
) is amended by--CommentsClose CommentsPermalink 43 U.S.C. 1346
(1) redesignating subsections (c) through (f) as (d) through (g); andCommentsClose CommentsPermalink
(2) inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink
‘(c) The Secretary shall conduct research to identify and reduce data gaps related to impacts of deepwater hydrocarbon spills, including--CommentsClose CommentsPermalink
‘(1) effects to benthic substrate communities and species;CommentsClose CommentsPermalink
‘(2) water column habitats and species;CommentsClose CommentsPermalink
‘(3) surface and coastal impacts from spills originating in deep waters; andCommentsClose CommentsPermalink
‘(4) the use of dispersants.’.CommentsClose CommentsPermalink
SEC. 211. SAFETY REGULATIONS.
Section 21 of the Outer Continental Shelf Lands Act (
(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,’;CommentsClose CommentsPermalink
(2) in subsection (b) by--CommentsClose CommentsPermalink
(A) striking ‘for the artificial islands, installations, and other devices referred to in section 4(a)(1) of’ and inserting ‘under’;CommentsClose CommentsPermalink
(B) striking ‘which the Secretary determines to be economically feasible’; andCommentsClose CommentsPermalink
(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.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(h) Offshore Technology Research and Risk Assessment Program-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) SPECIFIC FOCUS AREAS- The program under this subsection shall include research and development related to--CommentsClose CommentsPermalink
‘(A) risk assessment, using all available data from safety and compliance records both within the United States and internationally;CommentsClose CommentsPermalink
‘(B) analysis of industry trends in technology, investment, and frontier areas;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(E) risk associated with human factors;CommentsClose CommentsPermalink
‘(F) technologies and methods to reduce the impact of geophysical exploration activities on marine life; andCommentsClose CommentsPermalink
‘(G) renewable energy operations.’.CommentsClose CommentsPermalink
SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL REGULATIONS.
(a) In General- Section 22 of the Outer Continental Shelf Lands Act (
(1) by amending subsection (c) to read as follows:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(3) periodic onsite inspection without advance notice to the operator of such facility to assure compliance with such environmental or safety regulations; andCommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(2) in subsection (d)(1)--CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(B) by inserting before the period at the end the following: ‘, as a condition of the lease or permit’;CommentsClose CommentsPermalink
(3) in subsection (d)(2), by inserting before the period at the end the following: ‘as a condition of the lease or permit’;CommentsClose CommentsPermalink
(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.’;CommentsClose CommentsPermalink
(5) in subsection (b)(1), by striking ‘recognized’ and inserting ‘uncontrolled’; andCommentsClose CommentsPermalink
(6) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(h) Operator’s Annual Certification-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) Each certification shall include, but, not be limited to, statements that verify the operator has--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) examined and conducted tests to ensure that the emergency equipment has been function-tested and is capable of addressing emergency situations;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(D) reviewed all emergency shutdown and dynamic positioning procedures that interface with emergency well control operations;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(i) CEO Statement-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall not approve any application for a permit to drill a well under this Act unless such application is accompanied by a statement in which the chief executive officer of the applicant attests, in writing, that--CommentsClose CommentsPermalink
‘(A) the applicant is in compliance with all applicable environmental and natural resource conservation laws;CommentsClose CommentsPermalink
‘(B) the applicant has the capability and technology to respond immediately and effectively to a worst-case oil spill in real-world conditions in the area of the proposed activity under the permit;CommentsClose CommentsPermalink
‘(C) the applicant has an oil spill response plan that ensures that the applicant has the capacity to promptly control and stop a blowout in the event that well control measures fail;CommentsClose CommentsPermalink
‘(D) the blowout preventer to be used during the drilling of the well has redundant systems to prevent or stop a blowout for all foreseeable blowout scenarios and failure modes;CommentsClose CommentsPermalink
‘(E) the well design is safe; andCommentsClose CommentsPermalink
‘(F) the applicant has the capability to expeditiously begin and complete a relief well if necessary in the event of a blowout.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 213. JUDICIAL REVIEW.
Section 23(c)(3) of the Outer Continental Shelf Lands Act (
SEC. 214. REMEDIES AND PENALTIES.
(a) Civil Penalty, Generally- Section 24(b) of the Outer Continental Shelf Lands Act (
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Knowing and Willful Violations- Section 24(c) of the Outer Continental Shelf Lands Act (
(c) Officers and Agents of Corporations- Section 24(d) of the Outer Continental Shelf Lands Act (
SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL SHELF.
Section 25 of the Outer Continental Shelf Lands Act (
(1) by striking ‘other than the Gulf of Mexico,’ in each place it appears;CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) a description of the drilling unit or units;CommentsClose CommentsPermalink
‘(B) a statement of the design and condition of major safety-related pieces of equipment, including independent third-party certification of such equipment; andCommentsClose CommentsPermalink
‘(C) a description of any new technology to be used;CommentsClose CommentsPermalink
‘(7) a scenario for the potential blowout of each well to be drilled as part of the plan involving the highest potential volume of liquid hydrocarbons, along with a complete description of a response plan to both control the blowout and manage the accompanying discharge of hydrocarbons, including the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, an estimate of the time it would take to drill a relief well, a description of other technology that may be used to regain control of the well or capture escaping hydrocarbons and the potential timeline for using that technology for its intended purpose, and the strategy, organization, and resources necessary to avoid harm to the environment from hydrocarbons;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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 ); and’;CommentsClose CommentsPermalink 33 U.S.C. 3603
(3) in subsection (e), by striking so much as precedes paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(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 (
et seq.).’;CommentsClose CommentsPermalink 42 U.S.C. 4321
(4) by striking subsections (g) and (l), and redesignating subsections (h) through (k) as subsections (g) through and (j); andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘(2) The Secretary shall not approve a development and production plan, or a significant revision to such a plan, unless--CommentsClose CommentsPermalink
‘(A) the plan is in compliance with all other applicable environmental and natural resource conservation laws; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 216. OIL AND GAS INFORMATION PROGRAM.
Section 26(a)(1) of the Outer Continental Shelf Lands Act (
(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.’; andCommentsClose CommentsPermalink
(2) striking subparagraph (C) and inserting the following:CommentsClose CommentsPermalink
‘(C) Lessees engaged in drilling operations shall provide to the Secretary--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) documentation of blowout preventer maintenance and repair, and any changes to design specifications of the blowout preventer, within 24 hours after such activity; andCommentsClose CommentsPermalink
‘(iii) prompt or real-time transmission of the electronic log from a blowout preventer control system.’.CommentsClose CommentsPermalink
SEC. 217. LIMITATION ON ROYALTY-IN-KIND PROGRAM.
Section 27(a) of the Outer Continental Shelf Lands Act (
SEC. 218. RESTRICTIONS ON EMPLOYMENT.
Section 29 of the Outer Continental Shelf Lands Act (
(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘SEC. 29’ and all that follows through ‘No full-time’ and inserting the following:CommentsClose CommentsPermalink
‘SEC. 29. RESTRICTIONS ON EMPLOYMENT.
‘(a) In General- No full-time’; andCommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(2) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by inserting ‘or advise’ after ‘represent’;CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(C) in the matter following subparagraph (C)--CommentsClose CommentsPermalink
(i) by inserting ‘inspection or enforcement action,’ before ‘or other particular matter’; andCommentsClose CommentsPermalink
(ii) by striking ‘or’ at the end;CommentsClose CommentsPermalink
(3) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by inserting ‘or advise’ after ‘represent’;CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(C) by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(B) in which the officer or employee participated personally and substantially as an officer or employee of the Department.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) the officer or employee or the spouse, minor child, or general partner of the officer or employee has a financial interest;CommentsClose CommentsPermalink
‘(2) any organization in which the officer or employee is serving as an officer, director, trustee, general partner, or employee has a financial interest;CommentsClose CommentsPermalink
‘(3) any person or organization with whom the officer or employee is negotiating or has any arrangement concerning prospective employment has a financial interest; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(d) Penalty- Any person that violates subsection (a) or (b) shall be punished in accordance with
.’.CommentsClose CommentsPermalink 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 (
(1) Section 344 (
(2) Section 345 (
(b) Repeal of Provisions Relating to Planning Areas Offshore Alaska- Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (
SEC. 220. MANNING AND BUY- AND BUILD-AMERICAN REQUIREMENTS.
Section 30 of the Outer Continental Shelf Lands Act (
(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’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 221. NATIONAL COMMISSION ON THE BP DEEPWATER HORIZON OIL SPILL AND OFFSHORE DRILLING.
(a) Technical Expertise-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) OTHER TECHNICAL EXPERTS- The Commission also shall consult with other United States citizens with experience and expertise in such areas as--CommentsClose CommentsPermalink
(A) engineering;CommentsClose CommentsPermalink
(B) environmental compliance;CommentsClose CommentsPermalink
(C) health and safety law (particularly oil spill legislation);CommentsClose CommentsPermalink
(D) oil spill insurance policies;CommentsClose CommentsPermalink
(E) public administration;CommentsClose CommentsPermalink
(F) oil and gas exploration and production;CommentsClose CommentsPermalink
(G) environmental cleanup;CommentsClose CommentsPermalink
(H) fisheries and wildlife management;CommentsClose CommentsPermalink
(I) marine safety; andCommentsClose CommentsPermalink
(J) human factors affecting safety.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Subpoenas-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) ISSUANCE-CommentsClose CommentsPermalink
(A) AUTHORIZATION- A subpoena may be issued under this subsection only by--CommentsClose CommentsPermalink
(i) agreement of the Co-Chairs of the Commission; orCommentsClose CommentsPermalink
(ii) the affirmative vote of a majority of the members of the Commission.CommentsClose CommentsPermalink
(B) JUSTICE DEPARTMENT COORDINATION-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(I) Federal or State criminal investigation or prosecution;CommentsClose CommentsPermalink
(II) pending investigation under sections 3729 through 3732 of title 31, United States Code (commonly known as the ‘Civil False Claims Act’);CommentsClose CommentsPermalink
(III) pending investigation under any other Federal statute providing for civil remedies; orCommentsClose CommentsPermalink
(IV) civil litigation to which the United States or any of its agencies is or is likely to be a party.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(C) SIGNATURE AND SERVICE- A subpoena issued under this subsection may be--CommentsClose CommentsPermalink
(i) issued under the signature of either Co-Chair of the Commission or any member designated by a majority of the Commission; andCommentsClose CommentsPermalink
(ii) served by any person designated by the Co-Chairs or a member designated by a majority of the Commission.CommentsClose CommentsPermalink
(3) ENFORCEMENT-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(c) Recommendations and Purposes-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall develop recommendations for--CommentsClose CommentsPermalink
(A) improvements to Federal laws, regulations, and industry practices applicable to offshore drilling that would--CommentsClose CommentsPermalink
(i) ensure the effective oversight, inspection, monitoring, and response capabilities; andCommentsClose CommentsPermalink
(ii) protect the environment and natural resources; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) GOALS- In developing recommendations under paragraph (1), the Commission shall ensure that the following goals are met:CommentsClose CommentsPermalink
(A) Ensuring the safe operation and maintenance of offshore drilling platforms or vessels.CommentsClose CommentsPermalink
(B) Protecting the overall environment and natural resources surrounding ongoing and potential offshore drilling sites.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(E) Ensuring that the Federal agencies regulating offshore drilling are staffed with, and managed by, career professionals, who are--CommentsClose CommentsPermalink
(i) permitted to exercise independent professional judgments and make safety the highest priority in carrying out their responsibilities;CommentsClose CommentsPermalink
(ii) not subject to undue influence from regulated interests or political appointees; andCommentsClose CommentsPermalink
(iii) subject to strict regulation to prevent improper relationships with regulated interests and to eliminate real or perceived conflicts of interests.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
SEC. 222. COORDINATION AND CONSULTATION WITH AFFECTED STATE AND LOCAL GOVERNMENTS.
Section 19 of the Outer Continental Shelf Lands Act (
(1) by inserting ‘exploration plan or’ before ‘development and production plan’ in each place it appears; andCommentsClose CommentsPermalink
(2) by amending subsection (c) to read as follows:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
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 (
(b) Existing Leases- For all leases that were issued under the Outer Continental Shelf Lands Act (
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 (
SEC. 225. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND SUBSISTENCE USE.
Section 20 of the Outer Continental Shelf Lands Act (
‘(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.’.CommentsClose CommentsPermalink
Subtitle B--Royalty Relief for American ConsumersCommentsClose CommentsPermalink
Subtitle B--Royalty Relief for American ConsumersCommentsClose CommentsPermalink
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘Royalty Relief for American Consumers Act of 2010’.CommentsClose CommentsPermalink
SEC. 232. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.
(a) Issuance of New Leases-CommentsClose CommentsPermalink
(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 (
(2) PERSONS DESCRIBED- A person referred to in paragraph (1) is a person that--CommentsClose CommentsPermalink
(A) is a lessee that--CommentsClose CommentsPermalink
(i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; orCommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease.CommentsClose CommentsPermalink
(3) MULTIPLE LESSEES-CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(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 (
(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 (
(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 (
(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.CommentsClose CommentsPermalink
(d) Definitions- In this section--CommentsClose CommentsPermalink
(1) COVERED LEASE- The term ‘covered lease’ means a lease for oil or gas production in the Gulf of Mexico that is--CommentsClose CommentsPermalink
(A) in existence on the date of enactment of this Act;CommentsClose CommentsPermalink
(B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (
(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 (
(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.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
SEC. 233. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS.
The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract in the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (
Subtitle C--Limitation on MoratoriumCommentsClose CommentsPermalink
Subtitle C--Limitation on MoratoriumCommentsClose CommentsPermalink
SEC. 241. LIMITATION OF MORATORIUM ON CERTAIN PERMITTING AND DRILLING ACTIVITIES.
(a) In General- The moratorium set forth in the decision memorandum of the Secretary of the Interior entitled ‘Decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the Outer Continental Shelf’ and dated July 12, 2010, and any suspension of operations issued in connection with the moratorium, shall not apply to an application for a permit to drill submitted on or after the effective date of this Act if the Secretary determines that the applicant--CommentsClose CommentsPermalink
(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);CommentsClose CommentsPermalink
(2) has complied with additional safety measures recommended by the Secretary as of the date of the enactment of this Act; andCommentsClose CommentsPermalink
(3) has completed all required safety inspections.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Report to Congress- Not later than October 31, 2010, the Secretary shall report to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources on the status of: (1) the collection and analysis of evidence regarding the potential causes of the April 20, 2010 explosion and sinking of the Deepwater Horizon offshore drilling rig, including information collected by the Presidential Commission and other investigations; (2) implementation of safety reforms described in the May 27, 2010, Departmental report entitled ‘Increased Safety Measures for Energy Development on the Outer Continental Shelf,’; (3) the ability of operators in the Gulf of Mexico to respond effectively to an oil spill in light of the Deepwater Horizon incident; and (4) industry and government efforts to engineer, design, construct and assemble wild well intervention and blowout containment resources necessary to contain an uncontrolled release of hydrocarbons in deep water should another blowout occur.CommentsClose CommentsPermalink
(e) Savings Clause- Nothing herein affects the Secretary’s authority to suspend offshore drilling permitting and drilling operations based on the threat of significant, irreparable or immediate harm or damage to life, property, or the marine, coastal or human environment pursuant to the Outer Continental Shelf Lands Act (
TITLE III--OIL AND GAS ROYALTY REFORMCommentsClose CommentsPermalink
TITLE III--OIL AND GAS ROYALTY REFORMCommentsClose CommentsPermalink
SEC. 301. AMENDMENTS TO DEFINITIONS.
Section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (
(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;’;CommentsClose CommentsPermalink
(2) in paragraph (20)(A), by striking ‘: Provided, That’ and all that follows through ‘subject of the judicial proceeding’;CommentsClose CommentsPermalink
(3) in paragraph (20)(B), by striking ‘(with written notice to the lessee who designated the designee)’;CommentsClose CommentsPermalink
(4) in paragraph (23)(A), by striking ‘(with written notice to the lessee who designated the designee)’;CommentsClose CommentsPermalink
(5) by striking paragraph (24) and inserting the following:CommentsClose CommentsPermalink
‘(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);’;CommentsClose CommentsPermalink
(6) in paragraph (25)(B)--CommentsClose CommentsPermalink
(A) by striking ‘(subject to the provisions of section 102(a) of this Act)’; andCommentsClose CommentsPermalink
(B) in clause (ii) by striking the matter after subclause (IV) and inserting the following:CommentsClose CommentsPermalink
‘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;’.CommentsClose CommentsPermalink
(7) in paragraph (29), by inserting ‘or permit’ after ‘lease’; andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(35) ‘marketing affiliate’ means an affiliate of a lessee whose function is to acquire the lessee’s production and to market that production.’.CommentsClose CommentsPermalink
SEC. 302. COMPLIANCE REVIEWS.
Section 101 of the Federal Oil and Gas Royalty Management Act of 1982 (
‘(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.’.CommentsClose CommentsPermalink
SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAYMENTS.
Section 102(a) of the Federal Oil and Gas Royalty Management Act of 1982 (
‘(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.’.CommentsClose CommentsPermalink
SEC. 304. REQUIRED RECORDKEEPING.
Section 103(b) of the Federal Oil and Gas Royalty Management Act of 1982 (
SEC. 305. FINES AND PENALTIES.
Section 109 of the Federal Oil and Gas Royalty Management Act of 1982 (
(1) in subsection (a) in the matter following paragraph (2), by striking ‘$500’ and inserting ‘$1,000’;CommentsClose CommentsPermalink
(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.’;CommentsClose CommentsPermalink
(3) in subsection (b), by striking ‘$5,000’ and inserting ‘$10,000’;CommentsClose CommentsPermalink
(4) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (2), by striking ‘; or’ and inserting ‘, including any failure or refusal to promptly tender requested documents;’;CommentsClose CommentsPermalink
(B) in the text following paragraph (3)--CommentsClose CommentsPermalink
(i) by striking ‘$10,000’ and inserting ‘$20,000’; andCommentsClose CommentsPermalink
(ii) by striking the comma at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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,’;CommentsClose CommentsPermalink
(5) in subsection (d), by striking ‘$25,000’ and inserting ‘$50,000’;CommentsClose CommentsPermalink
(6) in subsection (h), by striking ‘by registered mail’ and inserting ‘a common carrier that provides proof of delivery’; andCommentsClose CommentsPermalink
(7) by adding at the end the following subsection:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(B) the date a final, nonappealable order has been issued by the Secretary or a court of competent jurisdiction.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the date the Secretary releases the person from the obligation to maintain such records; andCommentsClose CommentsPermalink
‘(B) the expiration of the period during which the records must be maintained under section 103(b).’.CommentsClose CommentsPermalink
SEC. 306. INTEREST ON OVERPAYMENTS.
Section 111 of the Federal Oil and Gas Royalty Management Act of 1982 (
(1) by amending subsections (h) and (i) to read as follows:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(2) by striking subsection (j); andCommentsClose CommentsPermalink
(3) in subsection (k)(4)--CommentsClose CommentsPermalink
(A) by striking ‘or overpaid royalties and associated interest’; andCommentsClose CommentsPermalink
(B) by striking ‘, refunded, or credited’.CommentsClose CommentsPermalink
SEC. 307. ADJUSTMENTS AND REFUNDS.
Section 111A of the Federal Oil and Gas Royalty Management Act of 1982 (
(1) in subsection (a)(3), by inserting ‘(A)’ after ‘(3)’, and by striking the last sentence and inserting the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) If an overpayment is identified during an audit, the Secretary shall allow a credit in the amount of the overpayment.’;CommentsClose CommentsPermalink
(2) in subsection (a)(4)--CommentsClose CommentsPermalink
(A) by striking ‘six’ and inserting ‘four’; andCommentsClose CommentsPermalink
(B) by striking ‘shall’ the second place it appears and inserting ‘may’; andCommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘(E) is made within the adjustment period for that obligation.’.CommentsClose CommentsPermalink
SEC. 308. CONFORMING AMENDMENT.
Section 114 of the Federal Oil and Gas Royalty Management Act of 1982 is repealed.CommentsClose CommentsPermalink
SEC. 309. OBLIGATION PERIOD.
Section 115(c) of the Federal Oil and Gas Royalty Management Act of 1982 (
‘(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.’.CommentsClose CommentsPermalink
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 (
(b) Subpoenas- Section 115(d)(2)(A) of the Federal Oil and Gas Royalty Management Act of 1982 (
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 (
SEC. 312. ASSESSMENTS.
Section 116 of the Federal Oil and Gas Royalty Management Act of 1982 (
SEC. 313. COLLECTION AND PRODUCTION ACCOUNTABILITY.
(a) Pilot Project- Within 2 years after the date of enactment of this Act, the Secretary shall complete a pilot project with willing operators of oil and gas leases on the Outer Continental Shelf that assesses the costs and benefits of automatic transmission of oil and gas volume and quality data produced under Federal leases on the Outer Continental Shelf in order to improve the production verification systems used to ensure accurate royalty collection and audit.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) establishment of consistent guidelines for onshore and offshore BTU information from gas producers;CommentsClose CommentsPermalink
(2) development of a procedure to determine the potential BTU variability of produced natural gas on a by-reservoir or by-lease basis;CommentsClose CommentsPermalink
(3) development of a procedure to adjust BTU frequency requirements for sampling and reporting on a case-by-case basis;CommentsClose CommentsPermalink
(4) systematic and regular verification of BTU information; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
(b) Amount- The amount of the civil penalty shall be--CommentsClose CommentsPermalink
(1) an amount (subject to paragraph (2)) that the Secretary determines is sufficient to ensure filing of data in accordance with that Act; andCommentsClose CommentsPermalink
(2) not less than $10 for each failure to file correct data in accordance with that Act.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
SEC. 317. SHARED CIVIL PENALTIES.
Section 206 of the Federal Oil and Gas Royalty Management Act of 1982 (
SEC. 318. APPLICABILITY TO OTHER MINERALS.
Section 304 of the Federal Oil and Gas Royalty Management Act of 1982 (
‘(e) Applicability to Other Minerals-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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)--CommentsClose CommentsPermalink
‘(A) under section 8(k) or 8(p) of the Outer Continental Shelf Lands Act (
and 1337(p)); orCommentsClose CommentsPermalink 43 U.S.C. 1337(k) ‘(B) under the Geothermal Steam Act (
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.CommentsClose CommentsPermalink 30 U.S.C. 1001 ‘(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 (
)).’.CommentsClose CommentsPermalink 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.CommentsClose CommentsPermalink
SEC. 320. LIMITATION ON ROYALTY IN-KIND PROGRAM.
Section 36 of the Mineral Leasing Act (
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 (
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
TITLE IV--FULL FUNDING FOR THE LAND AND WATER CONSERVATION AND HISTORIC PRESERVATION FUNDSCommentsClose CommentsPermalink
TITLE IV--FULL FUNDING FOR THE LAND AND WATER CONSERVATION AND HISTORIC PRESERVATION FUNDSCommentsClose CommentsPermalink
Subtitle A--Land and Water Conservation FundCommentsClose CommentsPermalink
Subtitle A--Land and Water Conservation FundCommentsClose CommentsPermalink
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 (
SEC. 402. EXTENSION OF THE LAND AND WATER CONSERVATION FUND.
Section 2 (
SEC. 403. PERMANENT FUNDING.
(a) In General- The text of section 3 (
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) Section 2(c)(2) (
(2) Section 7(a) (
Subtitle B--National Historic Preservation FundCommentsClose CommentsPermalink
Subtitle B--National Historic Preservation FundCommentsClose CommentsPermalink
SEC. 411. PERMANENT FUNDING.
The text of section 108 of the National Historic Preservation Act (
‘(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 (
) 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.CommentsClose CommentsPermalink 43 U.S.C. 1338 ‘(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.’.CommentsClose CommentsPermalink
TITLE V--GULF OF MEXICO RESTORATIONCommentsClose CommentsPermalink
TITLE V--GULF OF MEXICO RESTORATIONCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Gulf of Mexico Restoration Task Force-CommentsClose CommentsPermalink
(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’).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(4) CITIZEN ADVISORY COUNCIL-CommentsClose CommentsPermalink
(A) IN GENERAL- The Gulf Coast Restoration Task Force shall create a Citizen Advisory Council made up of individuals who--CommentsClose CommentsPermalink
(i) are local residents of the Gulf of Mexico region;CommentsClose CommentsPermalink
(ii) are stakeholders who are not from the oil and gas industry or scientific community;CommentsClose CommentsPermalink
(iii) include business owners, homeowners, and local decisionmakers; andCommentsClose CommentsPermalink
(iv) are a balanced representation geographically and in diversity among the interests of its members.CommentsClose CommentsPermalink
(B) FUNCTION- The Council shall provide recommendations to the Task Force regarding its work.CommentsClose CommentsPermalink
(c) Gulf of Mexico Restoration Plan-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) ELEMENTS OF RESTORATION PLAN- The Plan shall--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) identify mechanisms for scientific review and input to evaluate the benefits and long-term effectiveness of restoration programs and projects;CommentsClose CommentsPermalink
(C) identify, using the best science available, strategies for implementing restoration programs and projects for natural resources including--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(ii) restoring fish passage and improving migratory pathways for wildlife;CommentsClose CommentsPermalink
(iii) research that directly supports restoration programs and projects;CommentsClose CommentsPermalink
(iv) restoring the biological productivity and ecosystem function in the Gulf of Mexico region;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) REPORT- The Task Force shall annually provide a report to Congress about the progress in implementing the Plan.CommentsClose CommentsPermalink
(d) Definitions- For purposes of this section, the term--CommentsClose CommentsPermalink
(1) ‘Gulf Coast State’ means each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) The fate, transport, and persistence of oil released during the spill and spatial distribution throughout the water column.CommentsClose CommentsPermalink
(2) The fate, transport, and persistence of chemical dispersants applied in-situ or on surface waters.CommentsClose CommentsPermalink
(3) Identification of lethal and sub-lethal impacts to fish and wildlife resources that utilize habitats located within the affected region.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) the Council authorized under subtitle E of title II of
(2) appropriate representatives from the Gulf Coast States;CommentsClose CommentsPermalink
(3) academic institutions and other research organizations; andCommentsClose CommentsPermalink
(4) other experts with expertise in long-term environmental monitoring and research of the marine environment.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Report- No later than 1 year after the establishment of the program under subsection (a), and biennially thereafter, the Secretary shall forward to the Congress a comprehensive report summarizing the activities and findings of the program and detailing areas and issues requiring future monitoring and research.CommentsClose CommentsPermalink
(f) Definitions- For the purposes of this section, the term--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(2) ‘Gulf coast State’ means each of the states of Texas, Louisiana, Mississippi, Alabama and Florida; andCommentsClose CommentsPermalink
(3) ‘Secretary’ means the Secretary of Commerce.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) improve wetland water quality and forage;CommentsClose CommentsPermalink
(2) restore and refurbish diked impoundments;CommentsClose CommentsPermalink
(3) improve riparian habitats to increase fish passage and breeding habitat;CommentsClose CommentsPermalink
(4) encourage conversion of agricultural lands to provide alternative migratory habitat for water fowl and other migratory birds;CommentsClose CommentsPermalink
(5) transplant, relocate, or rehabilitate fish and wildlife; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Amendment to the Federal Water Pollution Control Act-CommentsClose CommentsPermalink
(1) IN GENERAL- Title III of the Federal Water Pollution Control Act is amended by inserting after section 311 the following:CommentsClose CommentsPermalink
‘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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) takes effect on April 1, 2010.CommentsClose CommentsPermalink
TITLE VI--COORDINATION AND PLANNINGCommentsClose CommentsPermalink
TITLE VI--COORDINATION AND PLANNINGCommentsClose CommentsPermalink
SEC. 601. REGIONAL COORDINATION.
(a) In General- The purpose of this title is to promote--CommentsClose CommentsPermalink
(1) better coordination, communication, and collaboration between Federal agencies with authorities for ocean, coastal, and Great Lakes management; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Objectives of Regional Efforts- Such regional efforts shall achieve the following objectives:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) Identification and prioritization of shared State and Federal ocean, coastal, and Great Lakes management issues.CommentsClose CommentsPermalink
(4) Identification of data and information needed by the Regional Coordination Councils established under section 602.CommentsClose CommentsPermalink
(c) Regions- There are hereby designated the following Coordination Regions:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(6) ALASKA REGION- The Alaska Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the State of Alaska.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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).CommentsClose CommentsPermalink
(b) Membership-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) COASTAL STATE REPRESENTATIVES-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 603. REGIONAL STRATEGIC PLANS.
(a) Initial Regional Assessment-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) identify the Coordination Region’s renewable and non renewable resources, including current and potential energy resources, except for the assessment for the Great Lakes Coordination Region, for which the Regional Coordination Council for such Coordination Region shall only identify the Great Lakes Coordination Region’s renewable energy resources, including current and potential renewable energy resources;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(D) identify marine habitat types and important ecological areas within the Coordination Region;CommentsClose CommentsPermalink
(E) assess the Coordination Region’s marine economy and cultural attributes and include regionally-specific ecological and socio-economic baseline data;CommentsClose CommentsPermalink
(F) identify and prioritize additional scientific and economic data necessary to inform the development of Strategic Plans; andCommentsClose CommentsPermalink
(G) include other information to improve decision making as determined by the Regional Coordination Council.CommentsClose CommentsPermalink
(2) DATA- Each initial assessment shall--CommentsClose CommentsPermalink
(A) use the best available data;CommentsClose CommentsPermalink
(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
(C) make publicly available any such data that is not classified information.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Regional Strategic Plans-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) CONTENTS- Each Strategic Plan prepared by a Regional Coordination Council shall--CommentsClose CommentsPermalink
(A) be based on the initial regional assessment and updates for the Coordination Region under subsections (a) and (c), respectively;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) identify areas with potential for siting and developing renewable and nonrenewable energy resources in the Coordination Region covered by the Strategic Plan, except for the Strategic Plan for the Great Lakes Coordination Region which shall identify only areas with potential for siting and developing renewable energy resources in the Great Lakes Coordination Region;CommentsClose CommentsPermalink
(D) identify other current and potential uses of the ocean and coastal resources in the Coordination Region;CommentsClose CommentsPermalink
(E) identify and recommend long-term monitoring needs for ecosystem health and socioeconomic variables within the Coordination Region covered by the Strategic Plan;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(H) identify additional research, information, and data needed to carry out the Strategic Plan;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(K) include such other information at the Chairman of the Council on Environmental Quality determines is appropriate.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Review and Approval-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) complies with subsection (b); andCommentsClose CommentsPermalink
(B) complies with the purposes of this title as identified in section 601(a) and the objectives identified in section 601(b).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(b) Savings Clause- Nothing in this title shall be construed to affect existing authorities under Federal law.CommentsClose CommentsPermalink
SEC. 605. OCEAN RESOURCES CONSERVATION AND ASSISTANCE FUND.
(a) Establishment-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) CREDITS- The ORCA Fund shall be credited with amounts as specified in section 9 of the Outer Continental Shelf Lands Act (
(3) ALLOCATION OF THE ORCA FUND- Of the amounts appropriated from the ORCA Fund each fiscal year--CommentsClose CommentsPermalink
(A) 70 percent shall be allocated to the Secretary, of which--CommentsClose CommentsPermalink
(i) one-half shall be used to make grants to coastal States and affected Indian tribes under subsection (b); andCommentsClose CommentsPermalink
(ii) one-half shall be used for the ocean, coastal, and Great Lakes grants program established by subsection (c);CommentsClose CommentsPermalink
(B) 20 percent shall be allocated to the Secretary to carry out the purposes of subsection (e); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Grants to Coastal States-CommentsClose CommentsPermalink
(1) GRANT AUTHORITY- The Secretary may use amounts allocated under subsection (a)(3)(A)(I)(I) to make grants to--CommentsClose CommentsPermalink
(A) coastal States pursuant to the formula established under section 306(c) of the Coastal Zone Management Act of 1972 (
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) APPROVAL OF STATE AND AFFECTED TRIBAL PLANS-CommentsClose CommentsPermalink
(A) IN GENERAL- Plans required under paragraph (2) must be submitted to and approved by the Secretary.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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).CommentsClose CommentsPermalink
(c) Ocean and Coastal Competitive Grants Program-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) OCEAN, COASTAL, AND GREAT LAKES REVIEW PANEL-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) FUNCTIONS- The Panel shall--CommentsClose CommentsPermalink
(i) review, in accordance with the procedures and criteria established under paragraph (3), grant applications under this subsection;CommentsClose CommentsPermalink
(ii) make recommendations to the Secretary regarding which grant applications should be funded and the amount of each grant; andCommentsClose CommentsPermalink
(iii) establish any specific requirements, conditions, or limitations on a grant application recommended for funding.CommentsClose CommentsPermalink
(3) PROCEDURES AND ELIGIBILITY CRITERIA FOR GRANTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall establish--CommentsClose CommentsPermalink
(i) procedures for applying for a grant under this subsection and criteria for evaluating applications for such grants; andCommentsClose CommentsPermalink
(ii) criteria, in consultation with the Panel, to determine what persons are eligible for grants under the program.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) USE OF GRANT FUNDS- Any amounts provided as a grant under this subsection may only be used for activities described in subsection (f).CommentsClose CommentsPermalink
(d) Grants to Regional Ocean Partnerships-CommentsClose CommentsPermalink
(1) GRANT AUTHORITY- The Secretary may use amounts allocated under subsection (a)(3)(A)(iii) to make grants to Regional Ocean Partnerships.CommentsClose CommentsPermalink
(2) ELIGIBILITY- In order to be eligible to receive a grant, a Regional Ocean Partnership must prepare and annually revise a plan that--CommentsClose CommentsPermalink
(A) identifies regional science and information needs, regional goals and priorities, and mechanisms for facilitating coordinated and collaborative responses to regional issues;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(C) demonstrates that activities to be carried out with such funds are eligible uses of the funds identified in subsection (f).CommentsClose CommentsPermalink
(3) APPROVAL BY SECRETARY- Such plans must be submitted to and approved by the Secretary.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) USE OF FUNDS- Any amounts provided as a grant under this subsection may only be used for activities described in subsection (f).CommentsClose CommentsPermalink
(e) Long-term Ocean and Coastal Observations-CommentsClose CommentsPermalink
(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
(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 (
(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--CommentsClose CommentsPermalink
(1) activities to conserve, protect, maintain, and restore coastal, marine, and Great Lakes ecosystem health;CommentsClose CommentsPermalink
(2) activities to protect marine biodiversity and living marine and coastal resources and their habitats, including fish populations;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(4) activities to improve the resiliency of those ecosystems;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(7) research, education, assessment, monitoring, and dissemination of information that contributes to the achievement of these purposes;CommentsClose CommentsPermalink
(8) research of, protection of, enhancement to, and activities to improve the resiliency of culturally significant areas and resources; andCommentsClose CommentsPermalink
(9) activities designed to rescue, rehabilitate, and recover injured marine mammals, marine birds, and sea turtles.CommentsClose CommentsPermalink
(g) Definitions- In this section:CommentsClose CommentsPermalink
(1) ORCA FUND- The term ‘ORCA Fund’ means the Ocean Resources Conservation and Assistance Fund established by this section.CommentsClose CommentsPermalink
(2) SECRETARY- Notwithstanding section 3, the term ‘Secretary’ means the Secretary of Commerce.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
TITLE VII--OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTIONCommentsClose CommentsPermalink
TITLE VII--OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTIONCommentsClose CommentsPermalink
SEC. 701. SHORT TITLE.
This title may be cited as the ‘Oil Spill Accountability and Environmental Protection Act of 2010’.CommentsClose CommentsPermalink
SEC. 702. REPEAL OF AND ADJUSTMENTS TO LIMITATION ON LIABILITY.
(a) In General- Section 1004 of the Oil Pollution Act of 1990 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking ‘$800,000,,’ and inserting ‘$800,000,’; andCommentsClose CommentsPermalink
(ii) by adding ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink
(B) by striking paragraph (3); andCommentsClose CommentsPermalink
(C) by redesignating paragraph (4) as paragraph (3);CommentsClose CommentsPermalink
(2) in subsection (b)(2) by striking the second sentence; andCommentsClose CommentsPermalink
(3) by striking subsection (d)(4) and inserting the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Applicability- The amendments made by this section apply to--CommentsClose CommentsPermalink
(1) any claim arising from an event occurring after the date of enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 703. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES.
Section 1016 of the Oil Pollution Act of 1990 (
(1) in subsection (c)(1)--CommentsClose CommentsPermalink
(A) in subparagraph (B) by striking ‘subparagraph (A) is’ and all that follows before the period and inserting ‘subparagraph (A) is $300,000,000’; andCommentsClose CommentsPermalink
(B) by striking subparagraph (C) and inserting the following:CommentsClose CommentsPermalink
‘(C) ALTERNATE AMOUNT-CommentsClose CommentsPermalink
‘(i) SPECIFIC FACILITIES-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(II) MINIMUM AMOUNTS- In no case shall the evidence of financial responsibility required under this section be less than--CommentsClose CommentsPermalink
‘(aa) $105,000,000 for an offshore facility located seaward of the seaward boundary of a State; orCommentsClose CommentsPermalink
‘(bb) $30,000,000 for an offshore facility located landward of the seaward boundary of a State.CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(I) The market capacity of the insurance industry to issue such instruments.CommentsClose CommentsPermalink
‘(II) The operational risk of a discharge and the effects of that discharge on the environment and the region.CommentsClose CommentsPermalink
‘(III) The quantity and location of the oil and gas that is explored for, drilled for, produced, or transported by the responsible party.CommentsClose CommentsPermalink
‘(IV) The asset value of the owner of the offshore facility, including the combined asset value of all partners that own the facility.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(VI) The safety history of the owner of the offshore facility.CommentsClose CommentsPermalink
‘(VII) Any other factors that the President considers appropriate.CommentsClose CommentsPermalink
‘(iii) ADJUSTMENT FOR ALL OFFSHORE FACILITIES-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(2) in subsection (e) by striking ‘self-insurer,’ and inserting ‘self-insurer, participation in cooperative arrangements such as pooling or joint insurance,’; andCommentsClose CommentsPermalink
(3) in subsection (f)--CommentsClose CommentsPermalink
(A) in paragraph (1) by striking ‘Subject’ and inserting ‘Except as provided in paragraph (4) and subject’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(4) MAXIMUM LIABILITY- The maximum liability of a guarantor of an offshore facility under this subsection is $300,000,000.’.CommentsClose CommentsPermalink
SEC. 704. DAMAGES TO HUMAN HEALTH.
(a) In General- Section 1002(b)(2) of the Oil Pollution Act of 1990 (
‘(G) HUMAN HEALTH-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(ii) INCLUSION- For purposes of clause (i), the term ‘human health’ includes mental health.’.CommentsClose CommentsPermalink
(b) Applicability- The amendments made by this section apply to--CommentsClose CommentsPermalink
(1) any claim arising from an event occurring after the date of enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
(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’; andCommentsClose CommentsPermalink
(2) by striking ‘liable’ and inserting ‘liable as described in paragraph (1)’.CommentsClose CommentsPermalink
(b) Applicability- The amendments made by this section shall apply to--CommentsClose CommentsPermalink
(1) any claim arising from an event occurring after the date of enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 706. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT.
Section 1006(e)(2) of the Oil Pollution Act of 1990 (
(1) in the heading by striking ‘REBUTTABLE PRESUMPTION’ and inserting ‘JUDICIAL REVIEW OF ASSESSMENTS’; andCommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
SEC. 707. PROCEDURES FOR CLAIMS AGAINST FUND; INFORMATION ON CLAIMS.
(a) Procedures for Claims Against Fund- Section 1013(e) of the Oil Pollution Act of 1990 (
(b) Information on Claims- Title I of the Oil Pollution Act of 1990 (
‘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--CommentsClose CommentsPermalink
‘(1) the transaction date or dates of such claims, including processing times; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(c) Conforming Amendment- The table of contents contained in section 2 of such Act is amended by inserting after the item relating to section 1013 the following:CommentsClose CommentsPermalink
‘Sec. 1013A. Information on claims.’.CommentsClose CommentsPermalink
(d) Applicability- The amendments made by this section apply to--CommentsClose CommentsPermalink
(1) any claim arising from an event occurring after the date of enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 708. ADDITIONAL AMENDMENTS AND CLARIFICATIONS TO OIL POLLUTION ACT OF 1990.
(a) Definitions-CommentsClose CommentsPermalink
(1) REMOVAL COSTS- Section 1001(31) of the Oil Pollution Act of 1990 (
(2) RESPONSIBLE PARTY- Section 1001(32)(B) of such Act (
(b) Elements of Liability- Section 1002(b)(1)(A) of such Act (
(c) Subrogation- Section 1015(c) of such Act (
(d) Financial Responsibility- Section 1016(f)(1) of such Act (
(1) by inserting ‘and’ at the end of subparagraph (A);CommentsClose CommentsPermalink
(2) by striking ‘; and’ at the end of subparagraph (B) and inserting a period; andCommentsClose CommentsPermalink
(3) by striking subparagraph (C).CommentsClose CommentsPermalink
(e) Considerations of Trustees- Section 1006(d) of such Act (
‘(4) CONSIDERATIONS OF TRUSTEES-CommentsClose CommentsPermalink
‘(A) EQUAL AND FULL CONSIDERATION- Trustees shall--CommentsClose CommentsPermalink
‘(i) give equal and full consideration to restoration, rehabilitation, replacement, and the acquisition of the equivalent of the natural resources under their trusteeship; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(f) Applicability- The amendments made by this section apply to--CommentsClose CommentsPermalink
(1) any claim arising from an event occurring after the date of enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 709. AMERICANIZATION OF OFFSHORE OPERATIONS IN THE EXCLUSIVE ECONOMIC ZONE.
(a) Registry Endorsement Required-CommentsClose CommentsPermalink
(1) IN GENERAL-
‘(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.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Legal Authority-
(1) by striking ‘chapter’ and inserting ‘title’; andCommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 710. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFFSHORE DRILLING UNITS.
(1) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink
(2) by inserting after subsection (a) the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 711. SAFETY STANDARDS FOR MOBILE OFFSHORE DRILLING UNITS.
‘(k) In prescribing regulations for mobile offshore drilling units, the Secretary shall develop standards to address a worst-case event on the vessel.’.CommentsClose CommentsPermalink
SEC. 712. OPERATIONAL CONTROL OF MOBILE OFFSHORE DRILLING UNITS.
(a) Licenses for Masters of Mobile Offshore Drilling Units-CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘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.’.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘7104. Licenses for masters of mobile offshore drilling units.CommentsClose CommentsPermalink
‘7105. Certificates for medical doctors and nurses.CommentsClose CommentsPermalink
‘7106. Oaths.CommentsClose CommentsPermalink
‘7107. Duration of licenses.CommentsClose CommentsPermalink
‘7108. Duration of certificates of registry.CommentsClose CommentsPermalink
‘7109. Termination of licenses and certificates of registry.CommentsClose CommentsPermalink
‘7110. Review of criminal records.CommentsClose CommentsPermalink
‘7111. Exhibiting licenses.CommentsClose CommentsPermalink
‘7112. Oral examinations for licenses.CommentsClose CommentsPermalink
‘7113. Licenses of masters or mates as pilots.CommentsClose CommentsPermalink
‘7114. Exemption from draft.CommentsClose CommentsPermalink
‘7115. Fees.’.CommentsClose CommentsPermalink
(b) Requirement for Certificate of Inspection-
, 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’.CommentsClose CommentsPermalink Section 8101(a)(2) of title 46, United States Code (c) Effective Date- The amendments made by this section shall take effect 6 months after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 713. SINGLE-HULL TANKERS.
(a) Application of Tank Vessel Construction Standards-
(b) Effective Date- The amendment made by subsection (a) takes effect on January 1, 2011.CommentsClose CommentsPermalink
SEC. 714. REPEAL OF RESPONSE PLAN WAIVER.
Section 311(j)(5)(G) of the Federal Water Pollution Control Act (
(1) by striking ‘a tank vessel, nontank vessel, offshore facility, or onshore facility’ and inserting ‘a nontank vessel’;CommentsClose CommentsPermalink
(2) by striking ‘tank vessel, nontank vessel, or facility’ and inserting ‘nontank vessel’; andCommentsClose CommentsPermalink
(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 (
SEC. 715. NATIONAL CONTINGENCY PLAN.
(a) Guidelines for Containment Booms- Section 311(d)(2) of the Federal Water Pollution Control Act (
‘(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.’.CommentsClose CommentsPermalink
(b) Schedule, Criteria, and Fees- Section 311(d) of the Federal Water Pollution Control Act (
‘(5) SCHEDULE FOR USE OF DISPERSANTS, OTHER CHEMICALS, AND OTHER SPILL MITIGATING DEVICES AND SUBSTANCES-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) SCHEDULE LISTING REQUIREMENTS- In issuing the regulation under subparagraph (A), the Administrator shall--CommentsClose CommentsPermalink
‘(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)--CommentsClose CommentsPermalink
‘(I) establish minimum toxicity and efficacy testing criteria, taking into account the results of the study carried out under subparagraph (D);CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(III) establish a framework for the application of any such dispersant, chemical, or substance, including--CommentsClose CommentsPermalink
‘(aa) application conditions;CommentsClose CommentsPermalink
‘(bb) the quantity thresholds for which approval by the Administrator is required;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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)--CommentsClose CommentsPermalink
‘(I) establish the minimum toxicity and efficacy levels for such dispersant, chemical, or substance;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(III) require the provision of such additional information as the Administrator determines necessary; andCommentsClose CommentsPermalink
‘(iii) with respect to other spill mitigating devices included or proposed to be included on the schedule under paragraph (2)(G)--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(D) STUDY-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(I) on a representative sample of biota and types of oil from locations where such dispersants, chemicals, or substances may potentially be used; andCommentsClose CommentsPermalink
‘(II) that result from any by-products created from the use of such dispersants, chemicals, or substances.CommentsClose CommentsPermalink
‘(ii) INFORMATION FROM MANUFACTURERS-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(II) MINIMUM REQUIREMENTS FOR EVALUATION- In carrying out this clause, the Administrator shall require a manufacturer to include--CommentsClose CommentsPermalink
‘(aa) information on the oils and locations where such dispersants, chemicals, or substances may potentially be used; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(E) PERIODIC REVISIONS-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(F) APPROVAL OF USE AND APPLICATION OF DISPERSANTS-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(I) any such dispersant, chemical, or substance that is included on the schedule developed pursuant to this subsection; orCommentsClose CommentsPermalink
‘(II) any dispersant, chemical, or other substance that is included as part an approved area contingency plan or response plan developed under this section.CommentsClose CommentsPermalink
‘(ii) REPEAL- Any part of section 300.910 of title 40, Code of Federal Regulations, that is inconsistent with this paragraph is hereby repealed.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(6) REVIEW OF AND DEVELOPMENT OF CRITERIA FOR EVALUATING RESPONSE PLANS-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(7) FEES-CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) FEES CREDITED AS OFFSETTING COLLECTIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Notwithstanding
, any fee authorized to be collected under this paragraph shall--CommentsClose CommentsPermalink section 3302 of title 31, United States Code
‘(I) be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(III) remain available until expended.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(c) Temporary Moratorium on Approval of Use of Dispersants-CommentsClose CommentsPermalink
(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 (
), 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.CommentsClose CommentsPermalink 33 U.S.C. 1321(d) (2) CONDITIONAL APPROVAL- The Administrator may approve the use of a dispersant under section 311(d) of such Act (
) 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.CommentsClose CommentsPermalink 33 U.S.C. 1321(d) (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.CommentsClose CommentsPermalink
(d) Inclusion of Containment Booms in Area Contingency Plans- Section 311(j)(4)(C)(iv) of such Act (
) is amended by striking ‘(including firefighting equipment)’ and inserting ‘(including firefighting equipment and containment booms)’.CommentsClose CommentsPermalink 33 U.S.C. 1321(j)(4)(C)(iv)
SEC. 716. TRACKING DATABASE.
Section 311(b) of the Federal Water Pollution Control Act (
‘(13) TRACKING DATABASE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The President shall create a database to track all discharges of oil or hazardous substances--CommentsClose CommentsPermalink
‘(i) into the waters of the United States, onto adjoining shorelines, or into or upon the waters of the contiguous zone;CommentsClose CommentsPermalink
‘(ii) in connection with activities under the Outer Continental Shelf Lands Act (
et seq.) or the Deepwater Port Act of 1974 ( 43 U.S.C. 1331 et seq.); orCommentsClose CommentsPermalink 33 U.S.C. 1501 ‘(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 (
et seq.)).CommentsClose CommentsPermalink 16 U.S.C. 1801 ‘(B) REQUIREMENTS- The database shall--CommentsClose CommentsPermalink
‘(i) include--CommentsClose CommentsPermalink
‘(I) the name of the vessel or facility;CommentsClose CommentsPermalink
‘(II) the name of the owner, operator, or person in charge of the vessel or facility;CommentsClose CommentsPermalink
‘(III) the date of the discharge;CommentsClose CommentsPermalink
‘(IV) the volume of the discharge;CommentsClose CommentsPermalink
‘(V) the location of the discharge, including an identification of any receiving waters that are or could be affected by the discharge;CommentsClose CommentsPermalink
‘(VI) the type, volume, and location of the use of any dispersant, other chemical, or other spill mitigating substance used in any removal action;CommentsClose CommentsPermalink
‘(VII) a record of any determination of a violation of this section or liability under section 1002 of the Oil Pollution Act of 1990 (
);CommentsClose CommentsPermalink 33 U.S.C. 2702 ‘(VIII) a record of any enforcement action taken against the owner, operator, or person in charge; andCommentsClose CommentsPermalink
‘(IX) any additional information that the President determines necessary;CommentsClose CommentsPermalink
‘(ii) use data provided by the Environmental Protection Agency, the Coast Guard, and other appropriate Federal agencies;CommentsClose CommentsPermalink
‘(iii) use data protocols developed and managed by the Environmental Protection Agency; andCommentsClose CommentsPermalink
‘(iv) be publicly accessible, including by electronic means.’.CommentsClose CommentsPermalink
SEC. 717. EVALUATION AND APPROVAL OF RESPONSE PLANS; MAXIMUM PENALTIES.
(a) Agency Review of Response Plans-CommentsClose CommentsPermalink
(1) LEAD FEDERAL AGENCY FOR REVIEW OF RESPONSE PLANS- Section 311(j)(5)(A) of the Federal Water Pollution Control Act (
‘(iii) In issuing the regulations under this paragraph, the President shall ensure that--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(aa) contain a probabilistic risk analysis for all critical engineered systems of the vessel or facility; andCommentsClose CommentsPermalink
‘(bb) adequately address all risks identified in the risk analysis.CommentsClose CommentsPermalink
‘(II) The Secretary or Administrator, as appropriate, shall require that a risk analysis developed under subclause (I) include, at a minimum, the following:CommentsClose CommentsPermalink
‘(aa) An analysis of human factors risks, including both organizational and management failure risks.CommentsClose CommentsPermalink
‘(bb) An analysis of technical failure risks, including both component technologies and integrated systems risks.CommentsClose CommentsPermalink
‘(cc) An analysis of interactions between humans and critical engineered systems.CommentsClose CommentsPermalink
‘(dd) Quantification of the likelihood of modes of failure and potential consequences.CommentsClose CommentsPermalink
‘(ee) A description of methods for reducing known risks.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(2) REVIEW AND APPROVAL OF RESPONSE PLANS- Section 311(j)(5)(E) of such Act (
‘(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--CommentsClose CommentsPermalink
‘(i) promptly review the response plan;CommentsClose CommentsPermalink
‘(ii) verify that the response plan complies with subparagraph (A)(iv), relating to risk analyses;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(iv) taking into consideration any public comments received and other appropriate factors, as determined by the President, require revisions to the response plan;CommentsClose CommentsPermalink
‘(v) approve, approve with revisions, or disapprove the response plan;CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(viii) acting through the head of the appropriate Federal department or agency, make the response plan available to the public, including on the Internet; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(3) BIENNIAL REPORT- Section 311(j)(5) of such Act (
‘(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:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(4) ADMINISTRATIVE PROVISIONS FOR FACILITIES- Section 311(m)(2) of such Act (
(b) Penalties-CommentsClose CommentsPermalink
(1) ADMINISTRATIVE PENALTIES-CommentsClose CommentsPermalink
(A) AUTHORITY OF SECRETARY OF TRANSPORTATION TO ASSESS PENALTIES- Section 311(b)(6)(A) of such Act (
(B) ADMINISTRATIVE PENALTIES FOR FAILURE TO PROVIDE NOTICE- Section 311(b)(6)(A) of such Act (
(i) in clause (i) by striking ‘paragraph (3), or’ and inserting ‘paragraph (3),’;CommentsClose CommentsPermalink
(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)’;CommentsClose CommentsPermalink
(iii) by redesignating clause (ii) as clause (iii);CommentsClose CommentsPermalink
(iv) by inserting after clause (i) the following:CommentsClose CommentsPermalink
‘(ii) who fails to provide notice to the appropriate Federal agency pursuant to paragraph (5), or’; andCommentsClose CommentsPermalink
(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.’.CommentsClose CommentsPermalink
(C) PENALTY AMOUNTS- Section 311(b)(6)(B) of such Act (
(i) in clause (i)--CommentsClose CommentsPermalink
(I) by striking ‘$10,000’ and inserting ‘$100,000’; andCommentsClose CommentsPermalink
(II) by striking ‘$25,000’ and inserting ‘$250,000’; andCommentsClose CommentsPermalink
(ii) in clause (ii)--CommentsClose CommentsPermalink
(I) by striking ‘$10,000’ and inserting ‘$100,000’; andCommentsClose CommentsPermalink
(II) by striking ‘$125,000’ and inserting ‘$1,000,000’.CommentsClose CommentsPermalink
(2) CIVIL PENALTIES- Section 311(b)(7) of such Act (
(A) in subparagraph (A)--CommentsClose CommentsPermalink
(i) by striking ‘$25,000’ and inserting ‘$100,000’; andCommentsClose CommentsPermalink
(ii) by striking ‘$1,000’ and inserting ‘$2,500’;CommentsClose CommentsPermalink
(B) in subparagraph (B)--CommentsClose CommentsPermalink
(i) by striking ‘described in subparagraph (A)’;CommentsClose CommentsPermalink
(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),’;CommentsClose CommentsPermalink
(iii) in clause (ii) by striking ‘(1)(B)’;CommentsClose CommentsPermalink
(iv) by redesignating clause (ii) as clause (iii);CommentsClose CommentsPermalink
(v) by inserting after clause (i) the following:CommentsClose CommentsPermalink
‘(ii) fails to provide notice to the appropriate Federal agency pursuant to paragraph (5), or’; andCommentsClose CommentsPermalink
(vi) by striking ‘$25,000’ and inserting ‘$100,000’;CommentsClose CommentsPermalink
(C) in subparagraph (C)--CommentsClose CommentsPermalink
(i) by striking ‘(j)’ and inserting ‘(d) or (j)’;CommentsClose CommentsPermalink
(ii) by striking ‘$25,000’ and inserting ‘$100,000’; andCommentsClose CommentsPermalink
(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).’;CommentsClose CommentsPermalink
(D) in subparagraph (D)--CommentsClose CommentsPermalink
(i) by striking ‘$100,000’ and inserting ‘$300,000’; andCommentsClose CommentsPermalink
(ii) by striking ‘$3,000’ and inserting ‘$7,500’; andCommentsClose CommentsPermalink
(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.’.CommentsClose CommentsPermalink
(3) APPLICABILITY- The amendments made by this subsection apply to--CommentsClose CommentsPermalink
(A) any claim arising from an event occurring after the date of enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Clarification of Federal Removal Authority- Section 311(c)(1)(B)(ii) of such Act (
SEC. 718. OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES.
Section 311(j) of the Federal Water Pollution Control Act (
‘(9) OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES- The President, acting through the Secretary of the department in which the Coast Guard is operating, shall--CommentsClose CommentsPermalink
‘(A) in coordination with the Secretary of the Interior and the heads of other appropriate Federal agencies, establish a process for--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 719. IMPLEMENTATION OF OIL SPILL PREVENTION AND RESPONSE AUTHORITIES.
Section 311(l) of the Federal Water Pollution Control Act (
(1) by striking ‘(l) The President’ and inserting the following:CommentsClose CommentsPermalink
‘(l) Delegation and Implementation-CommentsClose CommentsPermalink
‘(1) DELEGATION- The President’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) ENVIRONMENTAL PROTECTION AGENCY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The President shall delegate the responsibilities under subparagraph (B) to the Administrator.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(3) COAST GUARD-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) RESPONSIBILITIES- The Secretary shall ensure that Coast Guard personnel develop and maintain operational capability--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) ROLE AS FIRST RESPONDER-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(4) DEPARTMENT OF TRANSPORTATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The President shall delegate the responsibilities under subparagraph (B) to the Secretary of Transportation.CommentsClose CommentsPermalink
‘(B) RESPONSIBILITIES- The Secretary of Transportation shall--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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); andCommentsClose CommentsPermalink
‘(iii) ensure that Department of Transportation personnel develop and maintain operational capability--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(5) DEPARTMENT OF THE INTERIOR-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The President shall delegate the responsibilities under subparagraph (B) to the Secretary of the Interior.CommentsClose CommentsPermalink
‘(B) RESPONSIBILITIES- The Secretary of the Interior shall--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) establish and enforce regulations to carry out all other responsibilities under subsection (j)(5) for such offshore facilities as the President may designate;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 720. IMPACTS TO INDIAN TRIBES AND PUBLIC SERVICE DAMAGES.
(a) In General- Section 1002(b)(2) of the Oil Pollution Act of 1990 (
(1) in subparagraph (D) by striking ‘or a political subdivision thereof’ and inserting ‘a political subdivision of a State, or an Indian tribe’; andCommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(b) Applicability- The amendments made by this section apply to--CommentsClose CommentsPermalink
(1) any claim arising from an event occurring after the date of enactment of this Act; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 721. FEDERAL ENFORCEMENT ACTIONS.
Section 309(g)(6)(A) of the Federal Water Pollution Control Act (
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 (
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 725. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES.
(a) In General- Title VI of the Oil Pollution Act of 1990 (
‘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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(3) an emergency requires the use of an offshore facility built in a foreign country.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘Sec. 6005. Build America requirement for offshore facilities.’.CommentsClose CommentsPermalink
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 (
(b) Categorization- The inventory required under subsection (a) shall categorize such vessels by capabilities, type, function, and location.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
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:CommentsClose CommentsPermalink
‘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.CommentsClose CommentsPermalink
‘(b) Systems Requirements- Sensing and monitoring systems required under subsection (a) shall--CommentsClose CommentsPermalink
‘(1) use an integrated, modular, expandable, multi-sensor, open-architecture design and technology with interoperable capability;CommentsClose CommentsPermalink
‘(2) be capable of--CommentsClose CommentsPermalink
‘(A) operating for at least 25 years;CommentsClose CommentsPermalink
‘(B) real-time physical, biological, geological, and environmental monitoring;CommentsClose CommentsPermalink
‘(C) providing alerts in the event of anomalous circumstances;CommentsClose CommentsPermalink
‘(D) providing docking bases to accommodate spatial sensors for remote inspection and monitoring; andCommentsClose CommentsPermalink
‘(E) collecting chemical boundary condition data for drift and flow modeling; andCommentsClose CommentsPermalink
‘(3) include--CommentsClose CommentsPermalink
‘(A) an uninterruptible power source;CommentsClose CommentsPermalink
‘(B) a spatial sensor;CommentsClose CommentsPermalink
‘(C) secure Internet access to real-time physical, biological, geological, and environmental monitoring data gathered by the system sensors; andCommentsClose CommentsPermalink
‘(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 ).’.CommentsClose CommentsPermalink 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘Sec. 4119. Offshore sensing and monitoring systems.’.CommentsClose CommentsPermalink
SEC. 728. OIL AND GAS EXPLORATION AND PRODUCTION.
Section 502 of the Federal Water Pollution Control Act (
(1) by striking paragraph (24); andCommentsClose CommentsPermalink
(2) by redesignating paragraph (25) as paragraph (24).CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
‘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 (
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.CommentsClose CommentsPermalink 42 U.S.C. 5121 ‘(b) Definitions- In this section:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) DISCHARGE- The term ‘discharge’ has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (
).’.CommentsClose CommentsPermalink 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:CommentsClose CommentsPermalink
‘426. Emergency leave retention authority.’.CommentsClose CommentsPermalink
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 (
(1) For fiscal year 2011, $30,000,000.CommentsClose CommentsPermalink
(2) For each of fiscal years 2012 through 2015, $32,000,000.CommentsClose CommentsPermalink
(b) Environmental Protection Agency- In addition to amounts made available pursuant to section 1012 of the Oil Pollution Act of 1990 (
(c) Department of Transportation- In addition to amounts made available pursuant to
(1) For each of fiscal years 2011 through 2013, $7,000,000.CommentsClose CommentsPermalink
(2) For each of fiscal years 2014 and 2015, $6,000,000.CommentsClose CommentsPermalink
SEC. 731. EXTENSION OF LIABILITY TO PERSONS HAVING OWNERSHIP INTERESTS IN RESPONSIBLE PARTIES.
(a) Definition of Responsible Party- Section 1001(32) of the Oil Pollution Act of 1990 (
‘(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.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall apply to an incident occurring on or after January 1, 2010.CommentsClose CommentsPermalink
SEC. 732. CLARIFICATION OF LIABILITY UNDER OIL POLLUTION ACT OF 1990.
The Oil Pollution Act of 1990 is amended--CommentsClose CommentsPermalink
(1) in section 1013 (
‘(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--CommentsClose CommentsPermalink
‘(1) the claimant presented a claim under subsection (a) with respect to such type of harm; andCommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(2) in section 1018 (
), by--CommentsClose CommentsPermalink 33 U.S.C. 2718
(A) striking ‘or’ at the end of paragraph (1);CommentsClose CommentsPermalink
(B) striking the period at the end of paragraph (2) and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) inserting after paragraph (2) the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 733. SALVAGE ACTIVITIES.
Section 311 of the Federal Water Pollution Control Act (
(1) in subsection (a)(2)(D) by inserting ‘or salvage activities’ after ‘removal’; andCommentsClose CommentsPermalink
(2) in subsection (c)(4)(A) by inserting ‘or conducting salvage activities’ after ‘advice’.CommentsClose CommentsPermalink
SEC. 734. REQUIREMENT FOR REDUNDANCY IN RESPONSE PLANS.
(a) Requirement- Section 311(j)(5)(D) of the Federal Water Pollution Control Act (
‘(v) include redundancies that specify response actions that will be taken if other response actions specified in the plan fail;CommentsClose CommentsPermalink
‘(vi) be vetted by impartial experts;’.CommentsClose CommentsPermalink
(b) Condition of Permit- The Outer Continental Shelf Lands Act (
‘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 (
) for the vessel or facility that will be used to conduct such drilling.’.CommentsClose CommentsPermalink 33 U.S.C. 1331(j)(5)(D)
TITLE VIII--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
TITLE VIII--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
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 (
(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--CommentsClose CommentsPermalink
(1) in subsection (i) by striking paragraphs (2) through (6); andCommentsClose CommentsPermalink
(2) by striking subsection (k).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Assessment and Collection- The Secretary shall assess and collect the fee established under this section.CommentsClose CommentsPermalink
(d) Regulations- The Secretary may issue regulations to prevent evasion of the fee under this section.CommentsClose CommentsPermalink
(e) Sunset- This section and the fee established under this section shall expire on December 31, 2021.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 805. LIABILITY FOR DAMAGES TO NATIONAL WILDLIFE REFUGES.
Section 4 of the National Wildlife Refuge System Administration Act of 1966 (
‘(p) Destruction or Loss of, or Injury to, Refuge Resources-CommentsClose CommentsPermalink
‘(1) LIABILITY-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) the amount of the response costs and damages resulting from the destruction, loss, or injury; andCommentsClose CommentsPermalink
‘(ii) interest on that amount calculated in the manner described under section 1005 of the Oil Pollution Act of 1990 (
).CommentsClose CommentsPermalink 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).CommentsClose CommentsPermalink
‘(C) DEFENSES- A person is not liable under this paragraph if that person establishes that--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; orCommentsClose CommentsPermalink
‘(iii) the destruction, loss, or injury was negligible.CommentsClose CommentsPermalink
‘(D) LIMITS TO LIABILITY- Nothing in sections 30501 to 30512 or
, shall limit the liability of any person under this section.CommentsClose CommentsPermalink section 30706 of title 46, United States Code ‘(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.CommentsClose CommentsPermalink
‘(3) CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) JURISDICTION AND VENUE- An action under this subsection may be brought in the United States district court for any district in which--CommentsClose CommentsPermalink
‘(i) the defendant is located, resides, or is doing business, in the case of an action against a person;CommentsClose CommentsPermalink
‘(ii) the instrumentality is located, in the case of an action against an instrumentality; orCommentsClose CommentsPermalink
‘(iii) the destruction of, loss of, or injury to a refuge resource occurred.CommentsClose CommentsPermalink
‘(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 (
) and used as follows:CommentsClose CommentsPermalink 42 U.S.C. 9607(f)(1)
‘(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--CommentsClose CommentsPermalink
‘(i) to reimburse the Secretary or any other Federal or State agency that conducted those activities; andCommentsClose CommentsPermalink
‘(ii) after reimbursement of such costs, to restore, replace, or acquire the equivalent of any refuge resource.CommentsClose CommentsPermalink
‘(B) OTHER AMOUNTS- All other amounts recovered shall be used, in order of priority--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(iii) to restore degraded refuge resources of other refuges.CommentsClose CommentsPermalink
‘(5) DEFINITIONS- In this subsection, the term--CommentsClose CommentsPermalink
‘(A) ‘damages’ includes--CommentsClose CommentsPermalink
‘(i) compensation for--CommentsClose CommentsPermalink
‘(I)(aa) the cost of replacing, restoring, or acquiring the equivalent of a refuge resource; andCommentsClose CommentsPermalink
‘(bb) the value of the lost use of a refuge resource pending its restoration or replacement or the acquisition of an equivalent refuge resource; orCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) the cost of conducting damage assessments;CommentsClose CommentsPermalink
‘(iii) the reasonable cost of monitoring appropriate to the injured, restored, or replaced refuge resource; andCommentsClose CommentsPermalink
‘(iv) the cost of enforcement actions undertaken by the Secretary in response to the destruction or loss of, or injury to, a refuge resource;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 806. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND RESPONSE.
The Coastal Zone Management Act of 1972 (
‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND PLANNING.
‘(a) Grants to States- The Secretary may make grants to eligible coastal States--CommentsClose CommentsPermalink
‘(1) to revise management programs approved under section 306 (
) 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; andCommentsClose CommentsPermalink 16 U.S.C. 1455 ‘(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--CommentsClose CommentsPermalink
‘(A) other emergency response plans and policies developed under Federal or State law; andCommentsClose CommentsPermalink
‘(B) new policies and procedures developed under paragraph (1); andCommentsClose CommentsPermalink
‘(3) after a State has adopted new or revised enforceable policies and procedures under paragraphs (1) and (2)--CommentsClose CommentsPermalink
‘(A) the State shall submit the policies and procedures to the Secretary; andCommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(b) Elements- New enforceable policies and procedures developed by coastal States with grants awarded under this section shall consider, but not be limited to--CommentsClose CommentsPermalink
‘(1) other existing emergency response plans, procedures and enforceable policies developed under other Federal or State law that affect the coastal zone;CommentsClose CommentsPermalink
‘(2) identification of critical infrastructure essential to facilitate spill or accident response activities;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(5) identification and characterization of significant or sensitive marine ecosystems or other areas possessing important conservation, recreational, ecological, historic, or aesthetic values;CommentsClose CommentsPermalink
‘(6) inventories and surveys of shore locations and infrastructure capable of supporting alternative energy development; andCommentsClose CommentsPermalink
‘(7) other information or actions as may be necessary.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(e) Annual Grants-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 807. INFORMATION SHARING.
Section 388(b) of the Energy Policy Act of 2005 (
‘(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.’.CommentsClose CommentsPermalink
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 (
SEC. 809. ENVIRONMENTAL REVIEW.
Section 390 of the Energy Policy Act of 2005 (
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.CommentsClose CommentsPermalink
SEC. 811. GOVERNMENT ACCOUNTABILITY OFFICE EVALUATION.
(a) Evaluation- The Comptroller General shall conduct an evaluation of the Department of the Interior to determine--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) whether there has been a sufficient reduction in the conflict between mission and interest within the Department of the Interior.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
TITLE IX--STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF ROYALTIESCommentsClose CommentsPermalink
TITLE IX--STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF ROYALTIESCommentsClose CommentsPermalink
SEC. 901. SHORT TITLE.
This title may be cited as the ‘Study of Ways to Improve the Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of 2010’.CommentsClose CommentsPermalink
SEC. 902. STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF FEDERAL OIL, CONDENSATE, AND NATURAL GAS ROYALTIES.
The Secretary of the Interior shall seek to enter into an arrangement with the National Academy of Engineering under which the Academy, by not later than six months after the date of the enactment of this Act, shall study and report to the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of Federal lands (in eluding submerged and deep water lands) and Indian lands would be improved by any of the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) Requiring that--CommentsClose CommentsPermalink
(A) the size of every orifice plate on each natural gas well operated under such leases be inspected at least quarterly by the Secretary; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) Requiring that any plug valves that are in natural gas gathering lines be removed and replaced with ball valves.CommentsClose CommentsPermalink
(4) Requiring that--CommentsClose CommentsPermalink
(A) all meter runs should be opened for inspection by the Secretary and the producer at all times; andCommentsClose CommentsPermalink
(B) any welding or closing of the meter runs leading to the orifice plates should be prohibited unless authorized by the Secretary.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(6) Requiring that all master meters be inspected and the results of such inspections be made available to the Secretary and the producers immediately.CommentsClose CommentsPermalink
(7) Requiring that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) probes for such upstream sampling be installed upstream within three feet of each natural gas meter;CommentsClose CommentsPermalink
(D) any oil and natural gas lease for which heat content analysis is falsified shall be subject to cancellation;CommentsClose CommentsPermalink
(E) natural gas sampling probes be located--CommentsClose CommentsPermalink
(i) upstream of the natural gas meter at all times;CommentsClose CommentsPermalink
(ii) within a few feet of the natural gas meter; andCommentsClose CommentsPermalink
(iii) after the natural gas goes through a Welker or Y-Z vanishing chamber; andCommentsClose CommentsPermalink
(F) temperature probes and testing probes be located between the natural gas sampling probe and the orifice of the natural gas meter.CommentsClose CommentsPermalink
(8) Prohibiting the dilution of natural gas with inert nitrogen or inert carbon dioxide gas for royalty determination, sale, or resale at any point.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(14) Requiring use of the fundamental orifice meter mass flow equation, as revised in 1990, for calculating the standard volume of natural gas produced.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(20) Requiring that at all times--CommentsClose CommentsPermalink
(A) the quantity, quality, and value obtained for natural gas liquids (condensate) be reported to the Secretary; andCommentsClose CommentsPermalink
(B) such reported value be based on fair independent arm’s length market value.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(22) Requiring lessees to pay full royalties on any natural gas that is vented, flared, or otherwise avoidably lost.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) Requiring that--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(ii) such price to apply with respect to gaseous forms, liquid forms, and solid (dry ice) forms of carbon dioxide converted to equivalent MCF; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(24) Requiring that--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) royalties be paid on the fair market value of ultimately processed helium recovered from such leases.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(26) Requiring that all heating content analysis of natural gas be conducted to a minimum level of C15.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(33) Imposing penalties for the intentional nonpayment of royalties for natural gas liquids recovered--CommentsClose CommentsPermalink
(A) from purging of natural gas gathering lines and natural gas pipelines; orCommentsClose CommentsPermalink
(B) from field separators, dehydrators, and processing plants,CommentsClose CommentsPermalink
including cancellation of oil and natural gas leases and criminal penalties.CommentsClose CommentsPermalink
(34) Requiring that the separator, dehydrator, and natural gas meter be located within 100 feet of each natural gas wellhead.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(38) Prohibiting all deductions on royalty payments for marketing of natural gas, condensate, and oil by an affiliate or agent.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 903. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) COVERED LANDS- The term ‘covered lands’ means--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) Indian onshore lands.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
TITLE X--OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTIONCommentsClose CommentsPermalink
TITLE X--OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTIONCommentsClose CommentsPermalink
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘Offshore Oil and Gas Worker Whistleblower Protection Act of 2010’.CommentsClose CommentsPermalink
SEC. 1002. WHISTLEBLOWER PROTECTIONS; EMPLOYEE PROTECTION FROM OTHER RETALIATION.
(a) Prohibition Against Retaliation-CommentsClose CommentsPermalink
(1) IN GENERAL- No employer may discharge or otherwise discriminate against a covered employee because the covered employee, whether at the covered employee’s initiative or in the ordinary course of the covered employee’s duties--CommentsClose CommentsPermalink
(A) provided, caused to be provided, or is about to provide or cause to be provided to the employer or to a Federal or State Government official, information relating to any violation of, or any act or omission the covered employee reasonably believes to be a violation of, any provision of the Outer Continental Shelf Lands Act (
(B) testified or is about to testify in a proceeding concerning such violation;CommentsClose CommentsPermalink
(C) assisted or participated or is about to assist or participate in such a proceeding;CommentsClose CommentsPermalink
(D) testified or is about to testify before Congress on any matter covered by such Act;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(F) reported to the employer or a State or Federal Government official any of the following related to the employer’s activities described in section 1003(1): an illness, injury, unsafe condition, or information regarding the adequacy of any oil spill response plan required by law; orCommentsClose CommentsPermalink
(G) refused to perform the covered employee’s duties, or exercised stop work authority, related to the employer’s activities described in section 1003(1) if the covered employee had a good faith belief that performing such duties could result in injury to or impairment of the health of the covered employee or other employees, or cause an oil spill to the environment.CommentsClose CommentsPermalink
(2) GOOD FAITH BELIEF- For purposes of paragraph (1)(E), the circumstances causing the covered employee’s good faith belief that performing such duties would pose a health and safety hazard shall be of such a nature that a reasonable person under circumstances confronting the covered employee would conclude there is such a hazard.CommentsClose CommentsPermalink
(b) Process-CommentsClose CommentsPermalink
(1) IN GENERAL- A covered employee who believes that he or she has been discharged or otherwise discriminated against (hereafter referred to as the ‘complainant’) by any employer in violation of subsection (a)(1) may, not later than 180 days after the date on which such alleged violation occurs or the date on which the covered employee knows or should reasonably have known that such alleged violation occurred, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor (referred to in this section as the ‘Secretary’) alleging such discharge or discrimination and identifying employer or employers responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the employer or employers named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).CommentsClose CommentsPermalink
(2) INVESTIGATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 90 days after the date of receipt of a complaint filed under paragraph (1) the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the employer or employers alleged to have committed a violation of subsection (a)(1) of the Secretary’s findings. The Secretary shall, during such investigation afford the complainant and the employer or employers named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses. The complainant shall be provided with an opportunity to review the information and evidence provided by employer or employers to the Secretary, and to review any response or rebuttal by such the complaint, as part of such investigation.CommentsClose CommentsPermalink
(B) REASONABLE CAUSE FOUND; PRELIMINARY ORDER- If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a)(1) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, the employer or employers alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record before an administrative law judge of the Department of Labor. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. The Secretary of Labor is authorized to enforce preliminary reinstatement orders in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia.CommentsClose CommentsPermalink
(C) DISMISSAL OF COMPLAINT-CommentsClose CommentsPermalink
(i) STANDARD FOR COMPLAINANT- The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in subparagraphs (A) through (G) of subsection (a)(1) was a contributing factor in the adverse action alleged in the complaint.CommentsClose CommentsPermalink
(ii) STANDARD FOR EMPLOYER- Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same adverse action in the absence of that behavior.CommentsClose CommentsPermalink
(iii) VIOLATION STANDARD- The Secretary may determine that a violation of subsection (a)(1) has occurred only if the complainant demonstrates that any behavior described in subparagraphs (A) through (G) of such subsection was a contributing factor in the adverse action alleged in the complaint.CommentsClose CommentsPermalink
(iv) RELIEF STANDARD- Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same adverse action in the absence of that behavior.CommentsClose CommentsPermalink
(3) ORDERS-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 90 days after the receipt of a request for a hearing under subsection (b)(2)(B), the administrative law judge shall issue findings of fact and order the relief provided under this paragraph or deny the complaint. At any time before issuance of an order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. Such a settlement may not be agreed by such parties if it contains conditions which conflict with rights protected under this title, are contrary to public policy, or include a restriction on a complainant’s right to future employment with employers other than the specific employers named in the complaint.CommentsClose CommentsPermalink
(B) CONTENT OF ORDER- If, in response to a complaint filed under paragraph (1), the administrative law judge determines that a violation of subsection (a)(1) has occurred, the administrative law judge shall order the employer or employers who committed such violation--CommentsClose CommentsPermalink
(i) to take affirmative action to abate the violation;CommentsClose CommentsPermalink
(ii) to reinstate the complainant to his or her former position together with compensation (including back pay and prejudgment interest) and restore the terms, conditions, and privileges associated with his or her employment; andCommentsClose CommentsPermalink
(iii) to provide compensatory and consequential damages, and, as appropriate, exemplary damages to the complainant.CommentsClose CommentsPermalink
(C) ATTORNEY FEES- If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the employer or employers a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued at the conclusion of any stage of the proceeding.CommentsClose CommentsPermalink
(D) BAD FAITH CLAIM- If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer reasonable attorneys’ fees, not exceeding $1,000, to be paid by the complainant.CommentsClose CommentsPermalink
(E) ADMINISTRATIVE APPEAL- Not later than 30 days after the receipt of findings of fact or an order under subparagraph (B), the employer or employers alleged to have committed the violation or the complainant may file, with objections, an administrative appeal with the Secretary, who may designate such appeal to a review board. In reviewing a decision and order of the administrative law judge, the Secretary shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. The Secretary shall issue a final decision and order affirming, or reversing, in whole or in part, the decision under review within 90 days after receipt of the administrative appeal under this subparagraph. If it is determined that a violation of subsection (a)(1) has occurred, the Secretary shall order relief provided under subparagraphs (B) and (C). Such decision shall constitute a final agency action with respect to the matter appealed.CommentsClose CommentsPermalink
(4) ACTION IN COURT-CommentsClose CommentsPermalink
(A) IN GENERAL- If the Secretary has not issued a final decision within 300 days after the filing of the complaint, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(C).CommentsClose CommentsPermalink
(B) RELIEF- The court may award all appropriate relief including injunctive relief, compensatory and consequential damages, including--CommentsClose CommentsPermalink
(i) reinstatement with the same seniority status that the covered employee would have had, but for the discharge or discrimination;CommentsClose CommentsPermalink
(ii) the amount of back pay sufficient to make the covered employee whole, with prejudgment interest;CommentsClose CommentsPermalink
(iii) exemplary damages, as appropriate; andCommentsClose CommentsPermalink
(iv) litigation costs, including reasonable attorney fees and expert witness fees.CommentsClose CommentsPermalink
(5) REVIEW-CommentsClose CommentsPermalink
(A) IN GENERAL- Any person aggrieved by a final order issued under paragraph (3) or a judgment or order under paragraph (4) may obtain review of the order in the appropriate United States Court of Appeals. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall be in accordance with chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.CommentsClose CommentsPermalink
(B) NO OTHER JUDICIAL REVIEW- An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any other proceeding.CommentsClose CommentsPermalink
(6) FAILURE TO COMPLY WITH ORDER- Whenever any employer has failed to comply with an order issued under paragraph (3), the Secretary may obtain in a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, all appropriate relief including, but not limited to, injunctive relief and compensatory damages.CommentsClose CommentsPermalink
(7) CIVIL ACTION TO REQUIRE COMPLIANCE-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) AWARD- The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys’ and expert witness fees) to any party whenever the court determines such award is appropriate.CommentsClose CommentsPermalink
(c) Construction-CommentsClose CommentsPermalink
(1) EFFECT ON OTHER LAWS- Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by Federal or State law.CommentsClose CommentsPermalink
(2) RIGHTS OF EMPLOYEES- Nothing in this section shall be construed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.CommentsClose CommentsPermalink
(d) Enforcement of Nondiscretionary Duties- Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under
(e) Posting of Notice and Training- All employers shall post a notice which has been approved as to form and content by the Secretary of Labor in a conspicuous location in the place of employment where covered employees frequent which explains employee rights and remedies under this section. Each employer shall provide training to covered employees of their rights under this section within 30 days of employment, and at not less than once every 12 months thereafter, and provide covered employees with a card which contains a toll free telephone number at the Department of Labor which covered employees can call to get information or file a complaint under this section.CommentsClose CommentsPermalink
(f) Designation by the Secretary- The Secretary of Labor shall, within 30 days of the date of enactment of this Act, designate by order the appropriate agency officials to receive, investigate, and adjudicate complaints of violations of subsection (a)(1).CommentsClose CommentsPermalink
SEC. 1003. DEFINITIONS.
As used in this title the following definitions apply:CommentsClose CommentsPermalink
(1) The term ‘covered employee’--CommentsClose CommentsPermalink
(A) means an individual performing services on behalf of an employer that is engaged in activities on or in waters above the Outer Continental Shelf related to--CommentsClose CommentsPermalink
(i) supporting, or carrying out exploration, development, production, processing, or transportation of oil or gas; orCommentsClose CommentsPermalink
(ii) oil spill cleanup, emergency response, environmental surveillance, protection, or restoration, or other oil spill activities related to occupational safety and health; andCommentsClose CommentsPermalink
(B) includes an applicant for such employment.CommentsClose CommentsPermalink
(2) The term ‘employer’ means one or more individuals, partnerships, associations, corporations, trusts, unincorporated organizations, nongovernmental organizations, or trustees, and includes any agent, contractor, subcontractor, grantee or consultant of such employer.CommentsClose CommentsPermalink
(3) The term ‘Outer Continental Shelf’ has the meaning that the term ‘outer Continental Shelf’ has in the Outer Continental Shelf Lands Act (
Passed the House of Representatives July 30, 2010.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk.
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 3534CommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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