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Barack And Michelle Election Plea: “Fight For It”

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Rush Limbaugh Calls Obama a ‘Jackass’
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The House Negro And The Field Negro
Presidential Seal Falls During Obama’s Speech
Poverty In America Jumps To Record High Under Obama
Rush Limbaugh: The Obamas Party Like Royalty
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E-Mail Democrats Are Sending For Support

Subject: FW: A MUST READ – November 2, Elections

I  agree with this message I received today:  Please continue to circulate.  Thanks

Subject: Message to Democrats:

We must vote on November 2, like our lives depend on it, because it does.  The Republican party has been hi-jacked by dangerous, radical  hate mongers called the “Tea Party”. They are led by Glen Beck and Sara Palin  who’s only goal is to take down President Obama and the government. In any third world country this would be called a “Coup de Etat”.  In America we fight “coups” at the ballot box. These people hate Blacks.  They hate Latinos . They hate Muslims and have at times made many anti-Semitic statements. They hate Gays. They hate any moderate Republican who might be likely to cooperate with Obama.

Their rallying cry?  “We want to take back our country!!  Take it back from whom? American soil is still wet with the blood of our ancestors who fought for our right to vote. And vote we must!

The polls say Republicans are going to win enough votes to take over the senate and congress because Democrats lack the enthusiasm to vote. We must get as many people to the polls now as we did to vote for Obama.  We don’t need enthusiasm. We need to vote out fear.  Fear that these radicals could take this country back to Jim Crow and the hey-day of the Klu-Klux-Klan. Don’t think it could happen?  Just stay home on election day and see what happens to this country.

Time is very short. Don’t leave the voting to the other guy. Vote a straight Democratic ticket for your state: Governor, and especially senator and congressman.  Try to reach as many people as you can, like African drums across America .

Forward this E-mail to at least 15 people and please keep it going pretty much like a chain letter. We can’t beak the chain or we may find ourselves in chains once more!!

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Rush Limbaugh Calls Obama a ‘Jackass’
Woman At CNBC Town Hall Meeting
The House Negro And The Field Negro
The Race Card
Poverty In America Jumps To Record High Under Obama
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UNEMPLOYMENT JUMPS TO 9.6%
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Obama: The Rolling Stone Interview
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Michelle Obama And Chantal Biya
Your Opinion

 

Presidential Seal Falls During Obama’s Speech


This is Proof that the country doesn’t want Obama as President.

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Woman At CNBC Town Hall Meeting
Michelle Obama Chimp Image On Google
The House Negro And The Field Negro
Obama On “The View”
The Race Card
Poverty In America Jumps To Record High Under Obama
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Rush Limbaugh: The Obamas Party Like Royalty
UNEMPLOYMENT JUMPS TO 9.6%
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Dr. Laura Schlesinger’s Nigger Rant (Transcript)
Obama: The Rolling Stone Interview
The Race Card
Michelle Obama Chimp Image On Google
Black People Don’t Like Black Conservatives
The House Negro And The Field Negro
Michelle Obama And Chantal Biya
Your Opinion

Rush Limbaugh Calls Obama a ‘Jackass’

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Text of H.R. 3534: Consolidated Land, Energy, And Aquatic Resources Act Of 2009

Aug 4, 2010 – Placed on Calendar Senate. This is the text of the bill once it was placed on a calendar of business in the Senate. This is the latest version of the bill currently available on GovTrack.

HR 3534 PCS

Calendar No. 510

111th CONGRESS

2d Session

H. R. 3534

IN THE SENATE OF THE UNITED STATES

August 3, 2010

Received; read the first time

August 4, 2010

Read the second time and placed on the calendar

AN ACT

To provide greater efficiencies, transparency, returns, and accountability in the administration of Federal mineral and energy resources by consolidating administration of various Federal energy minerals management and leasing programs into one entity to be known as the Office of Federal Energy and Minerals Leasing of the Department of the Interior, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Consolidated Land, Energy, and Aquatic Resources Act of 2010’.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I–CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES

Sec. 101. Bureau of Energy and Resource Management.

Sec. 102. Bureau of Safety and Environmental Enforcement.

Sec. 103. Office of Natural Resources Revenue.

Sec. 104. Ethics.

Sec. 105. References.

Sec. 106. Abolishment of Minerals Management Service.

Sec. 107. Conforming amendment.

Sec. 108. Outer Continental Shelf Safety and Environmental Advisory Board.

Sec. 109. Limitation on effect on development of ocean renewable energy resource facilities.

TITLE II–FEDERAL OIL AND GAS DEVELOPMENT

Subtitle A–Safety, Environmental, and Financial Reform of the Outer Continental Shelf Lands Act

Sec. 201. Short title.

Sec. 202. Definitions.

Sec. 203. National policy for the Outer Continental Shelf.

Sec. 204. Jurisdiction of laws on the Outer Continental Shelf.

Sec. 205. Outer Continental Shelf leasing standard.

Sec. 206. Leases, easements, and rights-of-way.

Sec. 207. Disposition of revenues.

Sec. 208. Exploration plans.

Sec. 209. Outer Continental Shelf leasing program.

Sec. 210. Environmental studies.

Sec. 211. Safety regulations.

Sec. 212. Enforcement of safety and environmental regulations.

Sec. 213. Judicial review.

Sec. 214. Remedies and penalties.

Sec. 215. Uniform planning for Outer Continental Shelf.

Sec. 216. Oil and gas information program.

Sec. 217. Limitation on royalty-in-kind program.

Sec. 218. Restrictions on employment.

Sec. 219. Repeal of royalty relief provisions.

Sec. 220. Manning and buy- and build-American requirements.

Sec. 221. National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

Sec. 222. Coordination and consultation with affected State and local governments.

Sec. 223. Implementation.

Sec. 224. Report on environmental baseline studies.

Sec. 225. Cumulative impacts on marine mammal species and stocks and subsistence use.

Subtitle B–Royalty Relief for American Consumers

Sec. 231. Short title.

Sec. 232. Eligibility for new leases and the transfer of leases.

Sec. 233. Price thresholds for royalty suspension provisions.

Subtitle C–Limitation on Moratorium

Sec. 241. Limitation of moratorium on certain permitting and drilling activities.

TITLE III–OIL AND GAS ROYALTY REFORM

Sec. 301. Amendments to definitions.

Sec. 302. Compliance reviews.

Sec. 303. Clarification of liability for royalty payments.

Sec. 304. Required recordkeeping.

Sec. 305. Fines and penalties.

Sec. 306. Interest on overpayments.

Sec. 307. Adjustments and refunds.

Sec. 308. Conforming amendment.

Sec. 309. Obligation period.

Sec. 310. Notice regarding tolling agreements and subpoenas.

Sec. 311. Appeals and final agency action.

Sec. 312. Assessments.

Sec. 313. Collection and production accountability.

Sec. 314. Natural gas reporting.

Sec. 315. Penalty for late or incorrect reporting of data.

Sec. 316. Required recordkeeping.

Sec. 317. Shared civil penalties.

Sec. 318. Applicability to other minerals.

Sec. 319. Entitlements.

Sec. 320. Limitation on royalty in-kind program.

Sec. 321. Application of royalty to oil that is saved, removed, sold, or discharged under offshore oil and gas leases.

TITLE IV–FULL FUNDING FOR THE LAND AND WATER CONSERVATION AND HISTORIC PRESERVATION FUNDS

Subtitle A–Land and Water Conservation Fund

Sec. 401. Amendments to the Land and Water Conservation Fund Act of 1965.

Sec. 402. Extension of the Land and Water Conservation Fund.

Sec. 403. Permanent funding.

Subtitle B–National Historic Preservation Fund

Sec. 411. Permanent funding.

TITLE V–GULF OF MEXICO RESTORATION

Sec. 501. Gulf of Mexico restoration program.

Sec. 502. Gulf of Mexico long-term environmental monitoring and research program.

Sec. 503. Gulf of Mexico emergency migratory species alternative habitat program.

Sec. 504. Gulf of Mexico Restoration Account.

TITLE VI–COORDINATION AND PLANNING

Sec. 601. Regional coordination.

Sec. 602. Regional Coordination Councils.

Sec. 603. Regional strategic plans.

Sec. 604. Regulations and savings clause.

Sec. 605. Ocean Resources Conservation and Assistance Fund.

Sec. 606. Waiver.

TITLE VII–OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION

Sec. 701. Short title.

Sec. 702. Repeal of and adjustments to limitation on liability.

Sec. 703. Evidence of financial responsibility for offshore facilities.

Sec. 704. Damages to human health.

Sec. 705. Clarification of liability for discharges from mobile offshore drilling units.

Sec. 706. Standard of review for damage assessment.

Sec. 707. Procedures for claims against Fund; Information on claims.

Sec. 708. Additional amendments and clarifications to Oil Pollution Act of 1990.

Sec. 709. Americanization of offshore operations in the Exclusive Economic Zone.

Sec. 710. Safety management systems for mobile offshore drilling units.

Sec. 711. Safety standards for mobile offshore drilling units.

Sec. 712. Operational control of mobile offshore drilling units.

Sec. 713. Single-hull tankers.

Sec. 714. Repeal of response plan waiver.

Sec. 715. National Contingency Plan.

Sec. 716. Tracking Database.

Sec. 717. Evaluation and approval of response plans; maximum penalties.

Sec. 718. Oil and hazardous substance cleanup technologies.

Sec. 719. Implementation of oil spill prevention and response authorities.

Sec. 720. Impacts to Indian Tribes and public service damages.

Sec. 721. Federal enforcement actions.

Sec. 722. Time required before electing to proceed with judicial claim or against the Fund.

Sec. 723. Authorized level of Coast Guard personnel.

Sec. 724. Clarification of memorandums of understanding.

Sec. 725. Build America requirement for offshore facilities.

Sec. 726. Oil spill response vessel database.

Sec. 727. Offshore sensing and monitoring systems.

Sec. 728. Oil and gas exploration and production.

Sec. 729. Leave retention authority.

Sec. 730. Authorization of appropriations.

Sec. 731. Extension of liability to persons having ownership interests in responsible parties.

Sec. 732. Clarification of liability under Oil Pollution Act of 1990.

Sec. 733. Salvage activities.

Sec. 734. Requirement for redundancy in response plans.

TITLE VIII–MISCELLANEOUS PROVISIONS

Sec. 801. Repeal of certain taxpayer subsidized royalty relief for the oil and gas industry.

Sec. 802. Conservation fee.

Sec. 803. Leasing on Indian lands.

Sec. 804. Outer Continental Shelf State boundaries.

Sec. 805. Liability for damages to national wildlife refuges.

Sec. 806. Strengthening coastal State oil spill planning and response.

Sec. 807. Information sharing.

Sec. 808. Limitation on use of funds.

Sec. 809. Environmental review.

Sec. 810. Federal response to State proposals to protect State lands and waters.

Sec. 811. Government Accountability Office evaluation.

Sec. 812. Study on relief wells.

TITLE IX–STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF ROYALTIES

Sec. 901. Short title.

Sec. 902. Study of actions to improve the accuracy of collection of Federal oil, condensate, and natural gas royalties.

Sec. 903. Definitions.

TITLE X–OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTION

Sec. 1001. Short title.

Sec. 1002. Whistleblower protections; employee protection from other retaliation.

Sec. 1003. Definitions.

SEC. 2. DEFINITIONS.

For the purposes of this Act:

(1) AFFECTED INDIAN TRIBE- The term ‘affected Indian tribe’ means an Indian tribe that has federally reserved rights that are affirmed by treaty, statute, Executive order, Federal court order, or other Federal law in the area at issue.

(2) COASTAL STATE- The term ‘coastal State’ has the same meaning given the term ‘coastal state’ in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

(3) DEPARTMENT- The term ‘Department’ means the Department of the Interior, except as the context indicates otherwise.

(4) FUNCTION- The term ‘function’, with respect to a function of an officer, employee, or agent of the Federal Government, or of a Department, agency, office, or other instrumentality of the Federal Government, includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.

(5) IMPORTANT ECOLOGICAL AREA- The term ‘important ecological area’ means an area that contributes significantly to local or larger marine ecosystem health or is an especially unique or sensitive marine ecosystem.

(6) INDIAN LAND- The term ‘Indian land’ has the meaning given the term in section 502(a) of title V of Public Law 109-58 (25 U.S.C. 3501(2)).

(7) INDIAN TRIBE- The term ‘Indian tribe’ has the same meaning given the term ‘Indian tribe’ has in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(8) MARINE ECOSYSTEM HEALTH- The term ‘marine ecosystem health’ means the ability of an ecosystem in ocean and coastal waters to support and maintain patterns, important processes, and productive, sustainable, and resilient communities of organisms, having a species composition, diversity, and functional organization resulting from the natural habitat of the region, such that it is capable of supporting a variety of activities and providing a complete range of ecological benefits. Such an ecosystem would be characterized by a variety of factors, including–

(A) a complete diversity of native species and habitat wherein each native species is able to maintain an abundance, population structure, and distribution supporting its ecological and evolutionary functions, patterns, and processes; and

(B) a physical, chemical, geological, and microbial environment that is necessary to achieve such diversity.

(9) MINERAL- The term ‘mineral’ has the same meaning that the term ‘minerals’ has in section 2(q) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(q)).

(10) NONRENEWABLE ENERGY RESOURCE- The term ‘nonrenewable energy resource’ means oil and natural gas.

(11) OPERATOR- The term ‘operator’ means–

(A) the lessee; or

(B) a person designated by the lessee as having control or management of operations on the leased area or a portion thereof, who is–

(i) approved by the Secretary, acting through the Bureau of Energy and Resource Management; or

(ii) the holder of operating rights under an assignment of operating rights that is approved by the Secretary, acting through the Bureau of Energy and Resource Management.

(12) OUTER CONTINENTAL SHELF- The term ‘Outer Continental Shelf’ has the same meaning given the term ‘outer Continental Shelf’ has in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

(13) REGIONAL OCEAN PARTNERSHIP- The term ‘Regional Ocean Partnership’ means voluntary, collaborative management initiatives developed and entered into by the Governors of two or more coastal States or created by an interstate compact for the purpose of addressing more than one ocean, coastal, or Great Lakes issue and to implement policies and activities identified under special area management plans under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or other agreements developed and signed by the Governors.

(14) RENEWABLE ENERGY RESOURCE- The term ‘renewable energy resource’ means each of the following:

(A) Wind energy.

(B) Solar energy.

(C) Geothermal energy.

(D) Landfill gas.

(E) Marine and hydrokinetic renewable energy, as that term is defined in section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211).

(15) SECRETARIES- The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Commerce.

(16) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, except as otherwise provided in this Act.

(17) TERMS DEFINED IN OTHER LAW- Each of the terms ‘Federal land’, ‘lease’, and ‘mineral leasing law’ has the same meaning given the term under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.), except that such terms shall also apply to all minerals and renewable energy resources in addition to oil and gas.

TITLE I–CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES

SEC. 101. BUREAU OF ENERGY AND RESOURCE MANAGEMENT.

(a) Establishment- There is established in the Department of the Interior a Bureau of Energy and Resource Management (referred to in this section as the ‘Bureau’) to be headed by a Director of Energy and Resource Management (referred to in this section as the ‘Director’).

(b) Director-

(1) APPOINTMENT- The Director shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of–

(A) professional background, demonstrated competence, and ability; and

(B) capacity to–

(i) administer the provisions of this Act; and

(ii) ensure that the fiduciary duties of the United States Government on behalf of the people of the United States, as they relate to development of nonrenewable and renewable energy and mineral resources, are duly met.

(2) COMPENSATION- The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code.

(c) Duties-

(1) IN GENERAL- Except as provided in paragraph (4), the Secretary shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of a comprehensive program of nonrenewable and renewable energy and mineral resources management–

(A) on the Outer Continental Shelf, pursuant to the Outer Continental Shelf Lands Act as amended by this Act (43 U.S.C. 1331 et seq.);

(B) on Federal public lands, pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);

(C) on acquired Federal lands, pursuant to the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);

(D) in the National Petroleum Reserve in Alaska, pursuant to the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6501 et seq.);

(E) on any Federal land pursuant to any mineral leasing law; and

(F) pursuant to this Act and all other applicable Federal laws, including the administration and approval of all instruments and agreements required to ensure orderly, safe, and environmentally responsible nonrenewable and renewable energy and mineral resources development activities.

(2) SPECIFIC AUTHORITIES- The Director shall promulgate and implement regulations for the proper issuance of leases for the exploration, development, and production of nonrenewable and renewable energy and mineral resources, and for the issuance of permits under such leases, on the Outer Continental Shelf and for nonrenewable and renewable energy and mineral resources managed by the Bureau of Land Management on the date of enactment of this Act, or any other Federal land management agency, including regulations relating to resource identification, access, evaluation, and utilization.

(3) INDEPENDENT ENVIRONMENTAL SCIENCE-

(A) IN GENERAL- The Secretary shall create an independent office within the Bureau that–

(i) shall report to the Director;

(ii) shall be programmatically separate and distinct from the leasing and permitting activities of the Bureau; and

(iii) shall–

(I) carry out the environmental studies program under section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346);

(II) conduct any environmental analyses necessary for the programs administered by the Bureau; and

(III) carry out other functions as deemed necessary by the Secretary.

(B) CONSULTATION- Studies and analyses carried out by the office created under subparagraph (A) shall be conducted in appropriate and timely consultation with other relevant Federal agencies, including–

(i) the Bureau of Safety and Environmental Enforcement;

(ii) the United States Fish and Wildlife Service;

(iii) the United States Geological Survey; and

(iv) the National Oceanic and Atmospheric Administration.

(4) LIMITATION- The Secretary shall not carry out through the Bureau any function, power, or duty that is–

(A) required by section 102 to be carried out through Bureau of Safety and Environmental Enforcement; or

(B) required by section 103 to be carried out through the Office of Natural Resources Revenue.

(d) Comprehensive Data and Analyses on Outer Continental Shelf Resources-

(1) IN GENERAL-

(A) PROGRAMS- The Director shall develop and carry out programs for the collection, evaluation, assembly, analysis, and dissemination of data and information that is relevant to carrying out the duties of the Bureau, including studies under section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346).

(B) USE OF DATA AND INFORMATION- The Director shall, in carrying out functions pursuant to the Outer Continental Lands Act (43 U.S.C. 1331 et seq.), consider data and information referred to in subparagraph (A) which shall inform the management functions of the Bureau, and shall contribute to a broader coordination of development activities within the contexts of the best available science and marine spatial planning.

(2) INTERAGENCY COOPERATION- In carrying out programs under this subsection, the Bureau shall–

(A) utilize the authorities of subsection (g) and (h) of section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344);

(B) cooperate with appropriate offices in the Department and in other Federal agencies;

(C) use existing inventories and mapping of marine resources previously undertaken by the Minerals Management Service, mapping undertaken by the United States Geological Survey and the National Oceanographic and Atmospheric Administration, and information provided by the Department of Defense and other Federal and State agencies possessing relevant data; and

(D) use any available data regarding renewable energy potential, navigation uses, fisheries, aquaculture uses, recreational uses, habitat, conservation, and military uses of the Outer Continental Shelf.

(e) Responsibilities of Land Management Agencies- Nothing in this section shall affect the authorities of the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or of the Forest Service under the National Forest Management Act of 1976 (Public Law 94-588).

SEC. 102. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT.

(a) Establishment- There is established in the Department a Bureau of Safety and Environmental Enforcement (referred to in this section as the ‘Bureau’) to be headed by a Director of Safety and Environmental Enforcement (referred to in this section as the ‘Director’).

(b) Director-

(1) APPOINTMENT- The Director shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of–

(A) professional background, demonstrated competence, and ability; and

(B) capacity to administer the provisions of this Act.

(2) COMPENSATION- The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code.

(c) Duties-

(1) IN GENERAL- The Secretary shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to nonrenewable and renewable energy and mineral resources–

(A) on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);

(B) on Federal public lands, pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);

(C) on acquired Federal lands, pursuant to the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);

(D) in the National Petroleum Reserve in Alaska, pursuant to the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6501 et seq.); and

(E) pursuant to–

(i) the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.);

(ii) the Energy Policy Act of 2005 (Public Law 109-58);

(iii) the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (Public Law 104-185);

(iv) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(v) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(vi) this Act; and

(vii) all other applicable Federal laws,

including the authority to develop, promulgate, and enforce regulations to ensure the safe and environmentally sound exploration, development, and production of nonrenewable and renewable energy and mineral resources on the Outer Continental Shelf and onshore federally managed lands.

(d) Authorities- In carrying out the duties under this section, the Secretary’s authorities shall include–

(1) performing necessary oversight activities to ensure the proper application of environmental reviews, including those conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the Bureau of Energy and Resource Management in the performance of its duties under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);

(2) suspending or prohibiting, on a temporary basis, any operation or activity, including production–

(A) on leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)); or

(B) on leases or rights-of-way held on Federal lands under any other minerals or energy leasing statute, in accordance with section 302(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(3) cancelling any lease, permit, or right-of-way–

(A) on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)); or

(B) on onshore Federal lands, in accordance with section 302(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(c));

(4) compelling compliance with applicable worker safety and environmental laws and regulations;

(5) requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of energy or mineral resources;

(6) developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations;

(7) collecting, evaluating, assembling, analyzing, and publicly disseminating electronically data and information that is relevant to inspections, failures, or accidents involving equipment and systems used for exploration and production of energy and mineral resources, including human factors associated therewith;

(8) implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 1347);

(9) summoning witnesses and directing the production of evidence;

(10) levying fines and penalties and disqualifying operators; and

(11) carrying out any safety, response, and removal preparedness functions.

(e) Employees-

(1) IN GENERAL- The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards.

(2) QUALIFICATIONS- The qualification requirements referred to in paragraph (1)–

(A) shall be determined by the Secretary, subject to subparagraph (B); and

(B) shall include–

(i) three years of practical experience in oil and gas exploration, development, or production; or

(ii) a degree in an appropriate field of engineering from an accredited institution of higher learning.

(3) ASSIGNMENT- In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made.

(4) TRAINING ACADEMY-

(A) IN GENERAL- The Secretary shall establish and maintain a National Oil and Gas Health and Safety Academy (referred to in this paragraph as the ‘Academy’) as an agency of the Department of the Interior.

(B) FUNCTIONS OF ACADEMY- The Secretary, through the Academy, shall be responsible for–

(i) the initial and continued training of both newly hired and experienced oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections;

(ii) the training of technical support personnel of the Bureau;

(iii) any other training programs for oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and

(iv) certification of the successful completion of training programs for newly hired and experienced oil and gas inspectors.

(C) COOPERATIVE AGREEMENTS-

(i) IN GENERAL- In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, labor organizations, safety training firms, and oil and gas operators and related industries.

(ii) TRAINING REQUIREMENT- Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary.

(D) USE OF DEPARTMENTAL PERSONNEL- In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy.

(5) ADDITIONAL TRAINING PROGRAMS-

(A) IN GENERAL- The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators, that are designed–

(i) to enable persons to qualify for positions in the administration of this Act; and

(ii) to provide for the continuing education of inspectors or other appropriate Departmental personnel.

(B) FINANCIAL AND TECHNICAL ASSISTANCE- The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph.

(6) ROLE OF OIL OR GAS OPERATORS AND RELATED INDUSTRIES- The Secretary shall ensure that any cooperative agreement or other collaboration with a representative of an oil or gas operator or related industry in relation to a training program established under paragraph (4) or paragraph (5) is limited to consultation regarding curricula and does not extend to the provision of instructional personnel.

SEC. 103. OFFICE OF NATURAL RESOURCES REVENUE.

(a) Establishment- There is established in the Department an Office of Natural Resources Revenue (referred to in this section as the ‘Office’) to be headed by a Director of Natural Resources Revenue (referred to in this section as the ‘Director’).

(b) Appointment and Compensation-

(1) IN GENERAL- The Director shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of–

(A) professional competence; and

(B) capacity to–

(i) administer the provisions of this Act; and

(ii) ensure that the fiduciary duties of the United States Government on behalf of the American people, as they relate to development of nonrenewable and renewable energy and mineral resources, are duly met.

(2) COMPENSATION- The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code.

(c) Duties-

(1) IN GENERAL- The Secretary shall carry out, through the Office–

(A) all functions, powers, and duties vested in the Secretary and relating to the administration of the royalty and revenue management functions pursuant to–

(i) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);

(ii) the Mineral Leasing Act (30 U.S.C. 181 et seq.);

(iii) the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.);

(iv) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);

(v) the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6501 et seq.);

(vi) the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.);

(vii) the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (Public Law 104-185);

(viii) the Energy Policy Act of 2005 (Public Law 109-58);

(ix) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);

(x) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(xi) this Act and all other applicable Federal laws; and

(B) all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding–

(i) royalty and revenue collection;

(ii) royalty and revenue distribution;

(iii) auditing and compliance;

(iv) investigation and enforcement of royalty and revenue regulations; and

(v) asset management for onshore and offshore activities.

(d) Oversight- In order to provide transparency and ensure strong oversight over the revenue program, the Secretary shall–

(1) create within the Office an independent audit and oversight program responsible for monitoring the performance of the Office with respect to the duties and functions under subsection (c), and conducting internal control audits of the operations of the Office;

(2) facilitate the participation of those Indian tribes and States operating pursuant to cooperative agreements or delegations under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.) on all of the management teams, committees, councils, and other entities created by the Office; and

(3) assure prior consultation with those Indian tribes and States referred to in paragraph (2) in the formulation all policies, procedures, guidance, standards, and rules relating to the functions referred to in subsection (c).

SEC. 104. ETHICS.

(a) Certification- The Secretary shall certify annually that all Department of the Interior officers and employees having regular, direct contact with lessees and operators as a function of their official duties are in full compliance with all Federal employee ethics laws and regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (b).

(b) Guidance- Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter.

SEC. 105. REFERENCES.

(a) Bureau of Energy and Resource Management- Any reference in any law, rule, regulation, directive, instruction, certificate, or other official document, in force immediately before the enactment of this Act–

(1) to the Minerals Management Service that pertains to any of the duties and authorities referred to in section 101 is deemed to refer and apply to the Bureau of Energy and Resource Management established by section 101;

(2) to the Director of the Minerals Management Service that pertains to any of the duties and authorities referred to in section 101 is deemed to refer and apply to the Director of the Bureau of Energy and Resource Management;

(3) to any other position in the Minerals Management Service that pertains to any of the duties and authorities referred to in section 101 is deemed to refer and apply to that same or equivalent position in the Bureau of Energy and Resource Management;

(4) to the Bureau of Land Management that pertains to any of the duties and authorities referred to in section 101 is deemed to refer and apply to the Bureau of Energy and Resource Management;

(5) to the Director of the Bureau of Land Management that pertains to any of the duties and authorities referred to in section 101 is deemed to refer and apply to the Director of the Bureau of Energy and Resource Management; and

(6) to any other position in the Bureau of Land Management that pertains to any of the duties and authorities referred to in section 101 is deemed to refer and apply to that same or equivalent position in the Bureau of Energy and Resource Management.

(b) Bureau of Safety and Environmental Enforcement- Any reference in any law, rule, regulation, directive, instruction, certificate, or other official document in force immediately before the enactment of this Act–

(1) to the Minerals Management Service that pertains to any of the duties and authorities referred to in section 102 is deemed to refer and apply to the Bureau of Safety and Environmental Enforcement established by section 102;

(2) to the Director of the Minerals Management Service that pertains to any of the duties and authorities referred to in section 102 is deemed to refer and apply to the Director of the Bureau of Safety and Environmental Enforcement;

(3) to any other position in the Minerals Management Service that pertains to any of the duties and authorities referred to in section 102 is deemed to refer and apply to that same or equivalent position in the Bureau of Safety and Environmental Enforcement;

(4) to the Bureau of Land Management that pertains to any of the duties and authorities referred to in section 102 is deemed to refer and apply to the Bureau of Safety and Environmental Enforcement;

(5) to the Director of the Bureau of Land Management that pertains to any of the duties and authorities referred to in section 102 is deemed to refer and apply to the Director of the Bureau of Safety and Environmental Enforcement; and

(6) to any other position in the Bureau of Land Management that pertains to any of the duties and authorities referred to in section 102 is deemed to refer and apply to that same or equivalent position in the Bureau of Safety and Environmental Enforcement.

(c) Office of Natural Resources Revenue- Any reference in any law, rule, regulation, directive, or instruction, or certificate or other official document, in force immediately prior to enactment–

(1) to the Minerals Management Service that pertains to any of the duties and authorities referred to in section 103 is deemed to refer and apply to the Office of Natural Resources Revenue established by section 103;

(2) to the Director of the Minerals Management Service that pertains to any of the duties and authorities referred to in section 103 is deemed to refer and apply to the Director of Natural Resources Revenue; and

(3) to any other position in the Minerals Management Service that pertains to any of the duties and authorities referred to in section 103 is deemed to refer and apply to that same or equivalent position in the Office of Natural Resources Revenue.

SEC. 106. ABOLISHMENT OF MINERALS MANAGEMENT SERVICE.

(a) Abolishment- The Minerals Management Service (in this section referred to as the ‘Service’) is abolished.

(b) Completed Administrative Actions-

(1) IN GENERAL- Completed administrative actions of the Service shall not be affected by the enactment of this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law.

(2) COMPLETED ADMINISTRATIVE ACTION DEFINED- For purposes of paragraph (1), the term ‘completed administrative action’ includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges.

(c) Pending Proceedings- Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this Act–

(1) pending proceedings in the Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this Act or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this Act had not been enacted; and

(2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this Act had not been enacted, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law.

(d) Pending Civil Actions- Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this Act, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred.

(e) References- References relating to the Service in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this Act are deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Service immediately before the effective date of this Act shall continue to apply.

SEC. 107. CONFORMING AMENDMENT.

Section 5316 of title 5, United States Code, is amended by striking ‘Director, Bureau of Mines, Department of the Interior.’ and inserting the following new items:

‘Director, Bureau of Energy and Resource Management, Department of the Interior.

‘Director, Bureau of Safety and Environmental Enforcement, Department of the Interior.

‘Director, Office of Natural Resources Revenue, Department of the Interior.’.

SEC. 108. OUTER CONTINENTAL SHELF SAFETY AND ENVIRONMENTAL ADVISORY BOARD.

(a) Establishment- The Secretary shall establish, under the Federal Advisory Committee Act, an Outer Continental Shelf Safety and Environmental Advisory Board (referred to in this section as the ‘Board’), to provide the Secretary and the Directors of the bureaus established by this title with independent scientific and technical advice on safe and environmentally compliant nonrenewable and renewable energy and mineral resource exploration, development, and production activities.

(b) Membership-

(1) SIZE- The Board shall consist of not more than 12 members, chosen to reflect a range of expertise in scientific, engineering, management, environmental, and other disciplines related to safe and environmentally compliant renewable and nonrenewable energy and mineral resource exploration, development, and production activities. The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the Board.

(2) TERM- The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms.

(3) BALANCE- In appointing members to the Board, the Secretary shall ensure a balanced representation of industry- and nonindustry-related interests.

(c) Chair- The Secretary shall appoint the Chair for the Board.

(d) Meetings- The Board shall meet not less than 3 times per year and, at least once per year, shall host a public forum to review and assess the overall safety and environmental performance of Outer Continental Shelf nonrenewable and renewable energy and mineral resource activities.

(e) Offshore Drilling Safety Assessments and Recommendations- As part of its duties under this section, the Board shall, by not later than 180 days after the date of enactment of this section and every 5 years thereafter, submit to the Secretary a report that–

(1) assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere;

(2) assesses whether existing well control regulations issued by the Secretary under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) adequately protect safety and the environment; and

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

(f) Reports- Reports of the Board shall be submitted to the Congress and made available to the public in electronically accessible form.

(g) Travel Expenses- Members of the Board, other than full-time employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay.

SEC. 109. LIMITATION ON EFFECT ON DEVELOPMENT OF OCEAN RENEWABLE ENERGY RESOURCE FACILITIES.

Nothing in this title shall delay development of ocean renewable energy resource facilities including–

(1) promotion of offshore wind development;

(2) planning, leasing, licensing, and fee and royalty collection for such development of ocean renewable energy resource facilities; and

(3) developing and administering an efficient leasing and licensing process for ocean renewable energy resource facilities.

TITLE II–FEDERAL OIL AND GAS DEVELOPMENT

Subtitle A–Safety, Environmental, and Financial Reform of the Outer Continental Shelf Lands Act

SEC. 201. SHORT TITLE.

This subtitle may be cited as the ‘Outer Continental Shelf Lands Act Amendments of 2010’.

SEC. 202. DEFINITIONS.

Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended by adding at the end the following:

‘(r) The term ‘safety case’ means a body of evidence that provides a basis for determining whether a system is adequately safe for a given application in a given operating environment.’.

SEC. 203. NATIONAL POLICY FOR THE OUTER CONTINENTAL SHELF.

Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1332) is amended–

(1) by striking paragraph (3) and inserting the following:

‘(3) the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, that should be managed in a manner that–

‘(A) recognizes the need of the United States for domestic sources of energy, food, minerals, and other resources;

‘(B) minimizes the potential impacts of development of those resources on the marine and coastal environment and on safety; and

‘(C) acknowledges the long-term economic value to the United States of the balanced and orderly management of those resources that safeguards the environment and respects the multiple values and uses of the outer Continental Shelf;’;

(2) in paragraph (4), by striking the period at the end and inserting a semicolon;

(3) in paragraph (5), by striking ‘should be’ and inserting ‘shall be’, and striking ‘; and’ and inserting a semicolon;

(4) by redesignating paragraph (6) as paragraph (7);

(5) by inserting after paragraph (5) the following:

‘(6) exploration, development, and production of energy and minerals on the outer Continental Shelf should be allowed only when those activities can be accomplished in a manner that minimizes–

‘(A) harmful impacts to life (including fish and other aquatic life) and health;

‘(B) damage to the marine, coastal, and human environments and to property; and

‘(C) harm to other users of the waters, seabed, or subsoil; and’; and

(6) in paragraph (7) (as so redesignated), by–

(A) striking ‘should be’ and inserting ‘shall be’;

(B) inserting ‘best available’ after ‘using’; and

(C) striking ‘or minimize’.

SEC. 204. JURISDICTION OF LAWS ON THE OUTER CONTINENTAL SHELF.

Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) is amended by–

(1) inserting ‘or producing or supporting production of energy from sources other than oil and gas’ after ‘therefrom’;

(2) inserting ‘or transmitting such energy’ after ‘transporting such resources’; and

(3) inserting ‘and other energy’ after ‘That mineral’.

SEC. 205. OUTER CONTINENTAL SHELF LEASING STANDARD.

(a) In General- Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) is amended–

(1) in subsection (a), by striking ‘The Secretary may at any time’ and inserting ‘The Secretary shall’;

(2) in the second sentence of subsection (a), by adding after ‘provide for’ the following: ‘operational safety, the protection of the marine and coastal environment, and’;

(3) in subsection (a), by inserting ‘and the Secretary of Commerce with respect to matters that may affect the marine and coastal environment’ after ‘which may affect competition’;

(4) in clause (ii) of subsection (a)(2)(A), by striking ‘a reasonable period of time’ and inserting ‘30 days’;

(5) in subsection (a)(7), by inserting ‘in a manner that minimizes harmful impacts to the marine and coastal environment’ after ‘lease area’;

(6) in subsection (a), by striking ‘and’ after the semicolon at the end of paragraph (7), redesignating paragraph (8) as paragraph (13), and inserting after paragraph (7) the following:

‘(8) for independent third-party certification requirements of safety systems related to well control, such as blowout preventers;

‘(9) for performance requirements for blowout preventers, including quantitative risk assessment standards, subsea testing, and secondary activation methods;

‘(10) for independent third-party certification requirements of well casing and cementing programs and procedures;

‘(11) for the establishment of mandatory safety and environmental management systems by operators on the Outer Continental Shelf;

‘(12) for procedures and technologies to be used during drilling operations to minimize the risk of ignition and explosion of hydrocarbons;’;

(7) in subsection (a), by striking the period at the end of paragraph (13), as so redesignated, and inserting ‘; and’, and by adding at the end the following:

‘(14) ensuring compliance with other applicable environmental and natural resource conservation laws.’; and

(8) by adding at the end the following new subsections:

‘(k) Documents Incorporated by Reference- Any documents incorporated by reference in regulations promulgated by the Secretary pursuant to this Act shall be made available to the public, free of charge, on a website maintained by the Secretary.

‘(l) Regulatory Standards for Blowout Preventers, Well Design, and Cementing-

‘(1) IN GENERAL- In promulgating regulations under this Act related to blowout preventers, well design, and cementing, the Secretary shall ensure that such regulations include the minimum standards included in paragraphs (2), (3), and (4), unless, after notice and an opportunity for public comment, the Secretary determines that a standard required under this subsection would be less effective in ensuring safe operations than an available alternative technology or practice. Such regulations shall require independent third-party certification, pursuant to paragraph (5), of blowout preventers, well design, and cementing programs and procedures prior to the commencement of drilling operations. Such regulations shall also require re-certification by an independent third-party certifier, pursuant to paragraph (5), of a blowout preventer upon any material modification to the blowout preventer or well design and of a well design upon any material modification to the well design.

‘(2) BLOWOUT PREVENTERS- Subject to paragraph (1), regulations issued under this Act for blowout preventers shall include at a minimum the following requirements:

‘(A) Two sets of blind shear rams appropriately spaced to prevent blowout preventer failure if a drill pipe joint or drill tool is across one set of blind shear rams during a situation that threatens loss of well control.

‘(B) Redundant emergency backup control systems capable of activating the relevant components of a blowout preventer, including when the communications link or other critical links between the drilling rig and the blowout preventer are destroyed or inoperable.

‘(C) Regular testing of the emergency backup control systems, including testing during deployment of the blowout preventer.

‘(D) As appropriate, remotely operated vehicle intervention capabilities for secondary control of all subsea blowout preventer functions, including adequate hydraulic capacity to activate blind shear rams, casing shear rams, and other critical blowout preventer components.

‘(3) WELL DESIGN- Subject to paragraph (1), regulations issued under this Act for well design standards shall include at a minimum the following requirements:

‘(A) In connection with the installation of the final casing string, the installation of at least two independent, tested mechanical barriers, in addition to a cement barrier, across each flow path between hydrocarbon bearing formations and the blowout preventer.

‘(B) That wells shall be designed so that a failure of one barrier does not significantly increase the likelihood of another barrier’s failure.

‘(C) That the casing design is appropriate for the purpose for which it is intended under reasonably expected wellbore conditions.

‘(D) The installation and verification with a pressure test of a lockdown device at the time the casing is installed in the wellhead.

‘(4) CEMENTING- Subject to paragraph (1), regulations issued under this Act for cementing standards shall include at a minimum the following requirements:

‘(A) Adequate centralization of the casing to ensure proper distribution of cement.

‘(B) A full circulation of drilling fluids prior to cementing.

‘(C) The use of an adequate volume of cement to prevent any unintended flow of hydrocarbons between any hydrocarbon-bearing formation zone and the wellhead.

‘(D) Cement bond logs for all cementing jobs intended to provide a barrier to hydrocarbon flow.

‘(E) Cement bond logs or such other integrity tests as the Secretary may prescribe for cement jobs other than those identified in subparagraph (D).

‘(5) INDEPENDENT THIRD-PARTY CERTIFIERS- The Secretary shall establish appropriate standards for the approval of independent third-party certifiers capable of exercising certification functions for blowout preventers, well design, and cementing. For any certification required for regulations related to blowout preventers, well design, or cementing, the operator shall use a qualified independent third-party certifier chosen by the Secretary. The costs of any certification shall be borne by the operator.

‘(6) APPLICATION TO INSHORE WATERS; STATE IMPLEMENTATION-

‘(A) IN GENERAL- Requirements established under this subsection shall apply, as provided in subparagraph (B), to offshore drilling operations that take place on lands that are landward of the outer Continental Shelf and seaward of the line of mean high tide, and that the Secretary determines, based on criteria established by rule, could, in the event of a blowout, lead to extensive and widespread harm to safety or the environment.

‘(B) SUBMISSION OF STATE REGULATORY REGIME- Any State may submit to the Secretary a plan demonstrating that the State’s regulatory regime for wells identified in subparagraph (A) establishes requirements for such wells that are comparable to, or alternative requirements providing an equal or greater level of safety than, those established under this section for wells on the outer Continental Shelf. The Secretary shall promptly determine, after notice and an opportunity for public comment, whether a State’s regulatory regime meets the standard set forth in the preceding sentence. If the Secretary determines that a State’s regulatory regime does not meet such standard, the Secretary shall identify the deficiencies that are the basis for such determination and provide a reasonable period of time for the State to remedy the deficiencies. If the State does not do so within such reasonable period of time, the Secretary shall apply the requirements established under this section to offshore drilling operations described in subparagraph (A) that are located in such State, until such time as the Secretary determines that the deficiencies have been remedied.

‘(m) Rulemaking Dockets-

‘(1) ESTABLISHMENT- Not later than the date of proposal of any regulation under this Act, the Secretary shall establish a publicly available rulemaking docket for such regulation.

‘(2) DOCUMENTS TO BE INCLUDED- The Secretary shall include in the docket–

‘(A) all written comments and documentary information on the proposed rule received from any person in the comment period for the rulemaking, promptly upon receipt by the Secretary;

‘(B) the transcript of each public hearing, if any, on the proposed rule, promptly upon receipt from the person who transcribed such hearing; and

‘(C) all documents that become available after the proposed rule is published and that the Secretary determines are of central relevance to the rulemaking, by as soon as possible after their availability.

‘(3) PROPOSED AND DRAFT FINAL RULE AND ASSOCIATED MATERIAL- The Secretary shall include in the docket–

‘(A) each draft proposed rule submitted by the Secretary to the Office of Management and Budget for any interagency review process prior to proposal of such rule, all documents accompanying such draft, all written comments thereon by other agencies, and all written responses to such written comments by the Secretary, by no later than the date of proposal of the rule; and

‘(B) each draft final rule submitted by the Secretary for such review process before issuance of the final rule, all such written comments thereon, all documents accompanying such draft, and all written responses thereto, by no later than the date of issuance of the final rule.’.

(b) Conforming Amendment- Subsection (g) of section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351), as redesignated by section 215(4) of this Act, is further amended by striking ‘paragraph (8) of section 5(a) of this Act’ each place it appears and inserting ‘paragraph (13) of section 5(a) of this Act’.

SEC. 206. LEASES, EASEMENTS, AND RIGHTS-OF-WAY.

(a) Financial Assurance and Fiscal Responsibility- Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following:

‘(q) Review of Bond and Surety Amounts- Not later than May 1, 2011, and every 5 years thereafter, the Secretary shall review the minimum financial responsibility requirements for leases issued under this section and shall ensure that any bonds or surety required are adequate to comply with the requirements of this Act or the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.).

‘(r) Periodic Fiscal Review and Report-

‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection and every 3 years thereafter, the Secretary shall carry out a review and prepare a report setting forth–

‘(A)(i) the royalty and rental rates included in new offshore oil and gas leases; and

‘(ii) the rationale for the rates;

‘(B) whether, in the view of the Secretary, the royalty and rental rates described in subparagraph (A) will yield a fair return to the public while promoting the production of oil and gas resources in a timely manner;

‘(C)(i) the minimum bond or surety amounts required pursuant to offshore oil and gas leases; and

‘(ii) the rationale for the minimum amounts;

‘(D) whether the bond or surety amounts described in subparagraph (C) are adequate to comply with subsection (q); and

‘(E) whether the Secretary intends to modify the royalty or rental rates, or bond or surety amounts, based on the review.

‘(2) PUBLIC PARTICIPATION- In carrying out a review and preparing a report under paragraph (1), the Secretary shall provide to the public an opportunity to participate.

‘(3) REPORT DEADLINE- Not later than 30 days after the date on which the Secretary completes a report under paragraph (1), the Secretary shall transmit copies of the report to–

‘(A) the Committee on Energy and Natural Resources of the Senate; and

‘(B) the Committee on Natural Resources of the House of Representatives.

‘(s) Comparative Review of Fiscal System-

‘(1) IN GENERAL- Not later than 2 years after the date of enactment of this subsection and every 5 years thereafter, the Secretary shall carry out a comprehensive review of all components of the Federal offshore oil and gas fiscal system, including requirements for–

‘(A) bonus bids;

‘(B) rental rates; and

‘(C) royalties.

‘(2) REQUIREMENTS-

‘(A) CONTENTS; SCOPE- A review under paragraph (1) shall include–

‘(i) the information and analyses necessary to compare the offshore bonus bids, rents, and royalties of the Federal Government to the offshore bonus bids, rents, and royalties of other resource owners, including States and foreign countries; and

‘(ii) an assessment of the overall offshore oil and gas fiscal system in the United States, as compared to foreign countries.

‘(B) INDEPENDENT ADVISORY COMMITTEE- In carrying out a review under paragraph (1), the Secretary shall convene and seek the advice of an independent advisory committee comprised of oil and gas and fiscal experts from States, Indian tribes, academia, the energy industry, and appropriate nongovernmental organizations.

‘(3) REPORT-

‘(A) IN GENERAL- The Secretary shall prepare a report that contains–

‘(i) the contents and results of the review carried out under paragraph (1) for the period covered by the report; and

‘(ii) any recommendations of the Secretary based on the contents and results of the review.

‘(B) REPORT DEADLINE- Not later than 30 days after the date on which the Secretary completes a report under paragraph (1), the Secretary shall transmit copies of the report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.’.

(b) Environmental Diligence- Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by striking subsection (d) and inserting the following:

‘(d) Requirement for Certification of Responsible Stewardship-

‘(1) CERTIFICATION REQUIREMENT- No bid or request for a lease, easement, or right-of-way under this section, or for a permit to drill under section 11(d), may be submitted by any person unless the person certifies to the Secretary that the person (including any related person and any predecessor of such person or related person) meets each of the following requirements:

‘(A) The person is meeting due diligence, safety, and environmental requirements on other leases, easements, and rights-of-way.

‘(B) In the case of a person that is a responsible party for a vessel or a facility from which oil is discharged, for purposes of section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702), the person has met all of its obligations under that Act to provide compensation for covered removal costs and damages.

‘(C) In the 7-year period ending on the date of certification, the person, in connection with activities in the oil industry (including exploration, development, production, transportation by pipeline, and refining)–

‘(i) was not found to have committed willful or repeated violations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) (including State plans approved under section 18(c) of such Act (29 U.S.C. 667(c))) at a rate that is higher than five times the rate determined by the Secretary to be the oil industry average for such violations for such period;

‘(ii) was not convicted of a criminal violation for death or serious bodily injury;

‘(iii) did not have more than 10 fatalities at its exploration, development, and production facilities and refineries as a result of violations of Federal or State health, safety, or environmental laws;

‘(iv) was not assessed, did not enter into an agreement to pay, and was not otherwise required to pay, civil penalties and criminal fines for violations the person was found to have committed under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (including State programs approved under sections 402 and 404 of such Act (33 U.S.C. 1342 and 1344)) in a total amount that is equal to more than $10,000,000; and

‘(v) was not assessed, did not enter into an agreement to pay, and was not otherwise required to pay, civil penalties and criminal fines for violations the person was found to have committed under the Clean Air Act (42 U.S.C. 7401 et seq.) (including State plans approved under section 110 of such Act (42 U.S.C. 7410)) in a total amount that is equal to more than $10,000,000.

‘(2) ENFORCEMENT- If the Secretary determines that a certification made under paragraph (1) is false, the Secretary shall cancel any lease, easement, or right of way and shall revoke any permit with respect to which the certification was required under such paragraph.

‘(3) DEFINITION OF RELATED PERSON- For purposes of this subsection, the term ‘related person’ includes a parent, subsidiary, affiliate, member of the same controlled group, contractor, subcontractor, a person holding a controlling interest or in which a controlling interest is held, and a person with substantially the same board members, senior officers, or investors.’.

(c) Alternative Energy Development-

(1) CLARIFICATION RELATING TO ALTERNATIVE ENERGY DEVELOPMENT- Section 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended–

(A) in paragraph (1)–

(i) in the matter preceding subparagraph (A), by inserting ‘or’ after ‘1501 et seq.),’, and by striking ‘or other applicable law,’; and

(ii) by amending subparagraph (D) to read as follows:

‘(D) use, for energy-related purposes, facilities currently or previously used for activities authorized under this Act, except that any oil and gas energy-related uses shall not be authorized in areas in which oil and gas preleasing, leasing, and related activities are prohibited by a moratorium.’; and

(B) in paragraph (4)–

(i) in subparagraph (E), by striking ‘coordination’ and inserting ‘in consultation’; and

(ii) in subparagraph (J)(ii), by inserting ‘a potential site for an alternative energy facility,’ after ‘deepwater port,’.

(2) NONCOMPETITIVE ALTERNATIVE ENERGY LEASE OPTIONS- Section 8(p)(3) of such Act (43 U.S.C. 1337(p)(3)) is amended to read as follows:

‘(3) COMPETITIVE OR NONCOMPETITIVE BASIS- Any lease, easement, right-of-way, or other authorization granted under paragraph (1) shall be issued on a competitive basis, unless–

‘(A) the lease, easement, right-of-way, or other authorization relates to a project that meets the criteria established under section 388(d) of the Energy Policy Act of 2005 (43 U.S.C. 1337 note; Public Law 109-58);

‘(B) the lease, easement, right-of-way, or other authorization–

‘(i) is for the placement and operation of a meteorological or marine data collection facility; and

‘(ii) has a term of not more than 5 years; or

‘(C) the Secretary determines, after providing public notice of a proposed lease, easement, right-of-way, or other authorization, that no competitive interest exists.’.

(d) Review of Impacts of Lease Sales on the Marine and Coastal Environment by Secretary- Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end of subsection (a) the following:

‘(9) At least 60 days prior to any lease sale, the Secretary shall request a review by the Secretary of Commerce of the proposed sale with respect to impacts on the marine and coastal environment. The Secretary of Commerce shall complete and submit in writing the results of that review within 60 days after receipt of the Secretary of the Interior’s request. If the Secretary of Commerce makes specific recommendations related to a proposed lease sale to reduce impacts on the marine and coastal environment, and the Secretary rejects or modifies such recommendations, the Secretary shall provide in writing justification for rejecting or modifying such recommendations.’.

(e) Limitation on Lease Tract Size- Section 8(b)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)(1)) is amended by striking ‘, unless the Secretary finds that a larger area is necessary to comprise a reasonable economic production unit’.

(f) Sulphur Leases- Section 8(i) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(i)) is amended by striking ‘meet the urgent need’ and inserting ‘allow’.

(g) Terms and Provisions- Section 8(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)) is amended by striking ‘An oil and gas lease issued pursuant to this section shall’ and inserting ‘An oil and gas lease may be issued pursuant to this section only if the Secretary determines that activities under the lease are not likely to result in any condition described in section 5(a)(2)(A)(i), and shall’.

SEC. 207. DISPOSITION OF REVENUES.

Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended to read as follows:

‘SEC. 9. DISPOSITION OF REVENUES.

‘(a) General- Except as provided in subsections (b), (c), and (d), all rentals, royalties, and other sums paid to the Secretary or the Secretary of the Navy under any lease on the outer Continental Shelf for the period from June 5, 1950, to date, and thereafter shall be deposited in the Treasury of the United States and credited to miscellaneous receipts.

‘(b) Land and Water Conservation Fund- Effective for fiscal year 2011 and each fiscal year thereafter, $900,000,000 of the amounts referred to in subsection (a) shall be deposited in the Treasury of the United States and credited to the Land and Water Conservation Fund. These sums shall be available to the Secretary, without further appropriation or fiscal year limitation, for carrying out the purposes of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).

‘(c) Historic Preservation Fund- Effective for fiscal year 2011 and each fiscal year thereafter, $150,000,000 of the amounts referred to in subsection (a) shall be deposited in the Treasury of the United States and credited to the Historic Preservation Fund. These sums shall be available to the Secretary, without further appropriation or fiscal year limitation, for carrying out the purposes of the National Historic Preservation Fund Act of 1966 (16 U.S.C. 470 et seq.).

‘(d) Ocean Resources Conservation and Assistance Fund- Effective for each fiscal year 2011 and thereafter, 10 percent of the amounts referred to in subsection (a) shall be deposited in the Treasury of the United States and credited to the Ocean Resources Conservation and Assistance Fund established by the Consolidated Land, Energy, and Aquatic Resources Act of 2010. These sums shall be available to the Secretary, subject to appropriation, for carrying out the purposes of section 605 of the Consolidated Land, Energy, and Aquatic Resources Act of 2010.

‘(e) Savings Provision- Nothing in this section shall decrease the amount any State shall receive pursuant to section 8(g) of this Act or section 105 of the Gulf of Mexico Energy Security Act (43 U.S.C. 1331 note).’.

SEC. 208. EXPLORATION PLANS.

(a) Limitation on Harm From Agency Exploration- Section 11(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(a)(1)) is amended by striking ‘, which do not interfere with or endanger actual operations under any lease maintained or granted pursuant to this Act, and which are not unduly harmful to aquatic life in such area’ and inserting ‘if a permit authorizing such activity is issued by the Secretary under subsection (g)’.

(b) Exploration Plan Review- Section 11(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(c)), is amended–

(1) by inserting ‘(A)’ before the first sentence;

(2) in paragraph (1)(A), as designated by the amendment made by paragraph (1) of this subsection–

(A) by striking ‘and the provisions of such lease’ and inserting ‘the provisions of such lease, and other applicable environmental and natural resource conservation laws’; and

(B) by striking the fourth sentence and inserting the following:

‘(B) The Secretary shall approve such plan, as submitted or modified, within 90 days after its submission and it is made publicly accessible by the Secretary, or within such additional time as the Secretary determines is necessary to complete any environmental, safety, or other reviews, if the Secretary determines that–

‘(i) any proposed activity under such plan is not likely to result in any condition described in section 5(a)(2)(A)(i);

‘(ii) the plan complies with other applicable environmental or natural resource conservation laws;

‘(iii) in the case of geophysical surveys, the applicant will use the best available technologies and methods to minimize impacts on marine life; and

‘(iv) the applicant has demonstrated the capability and technology to respond immediately and effectively to a worst-case oil spill in real-world conditions in the area of the proposed activity.’; and

(3) by adding at the end the following:

‘(5) If the Secretary requires greater than 90 days to review an exploration plan submitted pursuant to any oil and gas lease issued or maintained under this Act, then the Secretary may provide for a suspension of that lease pursuant to section 5 until the review of the exploration plan is completed.’.

(c) Requirements- Section 11(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(c), is amended by amending paragraph (3) to read as follows:

‘(3) An exploration plan submitted under this subsection shall include, in the degree of detail that the Secretary may by regulation require–

‘(A) a schedule of anticipated exploration activities to be undertaken;

‘(B) a detailed and accurate description of equipment to be used for such activities, including–

‘(i) a description of each drilling unit;

‘(ii) a statement of the design and condition of major safety-related pieces of equipment, including independent third party certification of such equipment; and

‘(iii) a description of any new technology to be used;

‘(C) a map showing the location of each well to be drilled;

‘(D) a scenario for the potential blowout of the well involving the highest potential volume of liquid hydrocarbons, along with a complete description of a response plan to both control the blowout and manage the accompanying discharge of hydrocarbons, including the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, an estimate of the time it would take to drill a relief well, a description of other technology that may be used to regain control of the well or capture escaping hydrocarbons and the potential timeline for using that technology for its intended purpose, and the strategy, organization, and resources necessary to avoid harm to the environment from hydrocarbons;

‘(E) an analysis of the potential impacts of the worst-case-scenario discharge of hydrocarbons on the marine, coastal, and human environments for activities conducted pursuant to the proposed exploration plan; and

‘(F) such other information deemed pertinent by the Secretary.’.

(d) Drilling Permits- Section 11(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(d)) is amended by to read as follows:

‘(d) Drilling Permits-

‘(1) IN GENERAL- The Secretary shall, by regulation, require that any lessee operating under an approved exploration plan obtain a permit prior to drilling any well in accordance with such plan, and prior to any significant modification of the well design as originally approved by the Secretary.

‘(2) ENGINEERING REVIEW REQUIRED- The Secretary may not grant any drilling permit or modification of the permit prior to completion of a full engineering review of the well system, including a determination that critical safety systems, including blowout prevention, will utilize best available technology and that blowout prevention systems will include redundancy and remote triggering capability.

‘(3) OPERATOR SAFETY AND ENVIRONMENTAL MANAGEMENT REQUIRED- The Secretary shall not grant any drilling permit or modification of the permit prior to completion of a safety and environmental management plan to be utilized by the operator during all well operations.’.

(e) Exploration Permit Requirements- Section 11(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(g)) is amended by–

(1) striking ‘shall be issued’ and inserting ‘may be issued’;

(2) inserting ‘and after consultation with the Secretary of Commerce,’ after ‘in accordance with regulations issued by the Secretary’;

(3) striking the ‘and’ at the end of paragraph (2);

(4) in paragraph (3) striking ‘will not be unduly harmful to’ and inserting ‘is not likely to harm’;

(5) striking the period at the end of paragraph (3) and inserting a semicolon; and

(6) adding at the end the following:

‘(4) the exploration will be conducted in accordance with other applicable environmental and natural resource conservation laws;

‘(5) in the case of geophysical surveys, the applicant will use the best available technologies and methods to minimize impacts on marine life; and

‘(6) in the case of drilling operations, the applicant has available oil spill response and clean-up equipment and technology that has been demonstrated to be capable of effectively remediating a worst-case release of oil.’.

(f) Environmental Review of Plans; Deepwater Plan; Plan Disapproval- Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended by adding at the end the following:

‘(i) Environmental Review of Plans- The Secretary shall treat the approval of an exploration plan, or a significant revision of such a plan, as an agency action requiring preparation of an environmental assessment or environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and shall require that such plan–

‘(1) be based on the best available technology to ensure safety in carrying out both the drilling of the well and any oil spill response; and

‘(2) contain a technical systems analysis of the safety of the proposed activity, the blowout prevention technology, and the blowout and spill response plans.

‘(j) Disapproval of Plan-

‘(1) IN GENERAL- The Secretary shall disapprove the plan if the Secretary determines, because of exceptional geological conditions in the lease areas, exceptional resource values in the marine or coastal environment, or other exceptional circumstances, that–

‘(A) implementation of the plan would probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any mineral deposits (in areas leased or not leased), to the national security or defense, or to the marine, coastal, or human environments;

‘(B) the threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time; and

‘(C) the advantages of disapproving the plan outweigh the advantages of exploration.

‘(2) CANCELLATION OF LEASE FOR DISAPPROVAL OF PLAN- If a plan is disapproved under this subsection, the Secretary may cancel such lease in accordance with subsection (c)(1) of this section.’.

SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM.

Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended–

(1) in subsection (a) in the second sentence by striking ‘meet national energy needs’ and inserting ‘balance national energy needs and the protection of the marine and coastal environment and all the resources in that environment,’;

(2) in subsection (a)(1), by striking ‘considers’ and inserting ‘gives equal consideration to’;

(3) in subsection (a)(2)(A)–

(A) by striking ‘existing’ and inserting ‘the best available scientific’; and

(B) by inserting ‘, including at least three consecutive years of data’ after ‘information’;

(4) in subsection (a)(2)(D), by inserting ‘potential and existing sites of renewable energy installations,’ after ‘deepwater ports,’;

(5) in subsection (a)(2)(H), by inserting ‘including the availability of infrastructure to support oil spill response’ before the period;

(6) in subsection (a)(3), by–

(A) striking ‘to the maximum extent practicable,’;

(B) striking ‘obtain a proper balance between’ and inserting ‘minimize’; and

(C) striking ‘damage,’ and all that follows through the period and inserting ‘damage and adverse impacts on the marine, coastal, and human environments, and enhancing the potential for the discovery of oil and gas.’;

(7) in subsection (b)(1), by inserting ‘environmental, marine, and energy’ after ‘obtain’;

(8) in subsection (b)(2), by inserting ‘environmental, marine, and’ after ‘interpret the’;

(9) in subsection (b)(3), by striking ‘and’ after the semicolon at the end;

(10) by striking the period at the end of subsection (b)(4) and inserting a semicolon;

(11) by adding at the end of subsection (b) the following:

‘(5) provide technical review and oversight of exploration plans and a systems review of the safety of well designs and other operational decisions;

‘(6) conduct regular and thorough safety reviews and inspections; and

‘(7) enforce all applicable laws and regulations.’;

(12) in the first sentence of subsection (c)(1), by inserting ‘the National Oceanic and Atmospheric Administration and’ after ‘including’;

(13) in subsection (c)(2)–

(A) by inserting after the first sentence the following: ‘The Secretary shall also submit a copy of such proposed program to the head of each Federal agency referred to in, or that otherwise provided suggestions under, paragraph (1).’;

(B) in the third sentence, by inserting ‘or head of a Federal agency’ after ‘such Governor’; and

(C) in the fourth sentence, by inserting ‘or between the Secretary and the head of a Federal agency,’ after ‘affected State,’;

(14) by redesignating subsection (c)(3) as subsection (c)(4) and by inserting before subsection (c)(4) (as so redesignated) the following:

‘(3) At least 60 days prior to the publication of a proposed leasing program under this section, the Secretary shall request a review by the Secretary of Commerce of the proposed leasing program with respect to impacts on the marine and coastal environments. If the Secretary rejects or modifies any of the recommendations made by the Secretary of Commerce concerning the location, timing, or conduct of leasing activities under the proposed leasing program, the Secretary shall provide in writing justification for rejecting or modifying such recommendations.’.

(15) in the second sentence of subsection (d)(2), by inserting ‘, the head of a Federal agency,’ after ‘Attorney General’;

(16) in subsection (g), by inserting after the first sentence the following: ‘Such information may include existing inventories and mapping of marine resources previously undertaken by the Department of the Interior and the National Oceanic and Atmospheric Administration, information provided by the Department of Defense, and other available data regarding energy or mineral resource potential, navigation uses, fisheries, aquaculture uses, recreational uses, habitat, conservation, and military uses on the outer Continental Shelf.’; and

(17) by adding at the end the following new subsection:

‘(i) Research and Development- The Secretary shall carry out a program of research and development to ensure the continued improvement of methodologies for characterizing resources of the outer Continental Shelf and conditions that may affect the ability to develop and use those resources in a safe, sound, and environmentally responsible manner. Such research and development activities may include activities to provide accurate estimates of energy and mineral reserves and potential on the Outer Continental Shelf and any activities that may assist in filling gaps in environmental data needed to develop each leasing program under this section.’.

SEC. 210. ENVIRONMENTAL STUDIES.

(a) Information Needed for Assessment and Management of Environmental Impacts- Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended by striking so much as precedes ‘of any area’ in subsection (a)(1) and inserting the following:

‘SEC. 20. ENVIRONMENTAL STUDIES.

‘(a)(1) The Secretary, in cooperation with the Secretary of Commerce, shall conduct a study no less than once every three years’.

(b) Impacts of Deep Water Spills- Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended by–

(1) redesignating subsections (c) through (f) as (d) through (g); and

(2) inserting after subsection (b) the following new subsection:

‘(c) The Secretary shall conduct research to identify and reduce data gaps related to impacts of deepwater hydrocarbon spills, including–

‘(1) effects to benthic substrate communities and species;

‘(2) water column habitats and species;

‘(3) surface and coastal impacts from spills originating in deep waters; and

‘(4) the use of dispersants.’.

SEC. 211. SAFETY REGULATIONS.

Section 21 of the Outer Continental Shelf Lands Act (43 U.S.C. 1347) is amended–

(1) in subsection (a), by striking ‘Upon the date of enactment of this section,’ and inserting ‘Within 6 months after the date of enactment of the Outer Continental Shelf Lands Act Amendments of 2010 and every three years thereafter,’;

(2) in subsection (b) by–

(A) striking ‘for the artificial islands, installations, and other devices referred to in section 4(a)(1) of’ and inserting ‘under’;

(B) striking ‘which the Secretary determines to be economically feasible’; and

(C) adding at the end ‘Not later than 6 months after the date of enactment of the Outer Continental Shelf Lands Act Amendments of 2010 and every 3 years thereafter, the Secretary shall, in consultation with the Outer Continental Shelf Safety and Environmental Advisory Board established under title I of the Consolidated Land, Energy, and Aquatic Resources Act of 2010, identify and publish an updated list of (1) the best available technologies for key areas of well design and operation, including blowout prevention and blowout and oil spill response and (2) technology needs for which the Secretary intends to identify best available technologies in the future.’; and

(3) by adding at the end the following:

‘(g) Safety Case- Not later than 6 months after the date of enactment of the Outer Continental Shelf Lands Act Amendments of 2010, the Secretary shall promulgate regulations requiring a safety case be submitted along with each new application for a permit to drill on the outer Continental Shelf. Not later than 5 years after the date final regulations promulgated under this subsection go into effect, and not less than every 5 years thereafter, the Secretary shall enter into an arrangement with the National Academy of Engineering to conduct a study to assess the effectiveness of these regulations and to recommend improvements in their administration.

‘(h) Offshore Technology Research and Risk Assessment Program-

‘(1) IN GENERAL- The Secretary shall carry out a program of research, development, and risk assessment to address technology and development issues associated with exploration for, and development and production of, energy and mineral resources on the outer Continental Shelf, with the primary purpose of informing its role relating to safety, environmental protection, and spill response.

‘(2) SPECIFIC FOCUS AREAS- The program under this subsection shall include research and development related to–

‘(A) risk assessment, using all available data from safety and compliance records both within the United States and internationally;

‘(B) analysis of industry trends in technology, investment, and frontier areas;

‘(C) reviews of best available technologies, including those associated with pipelines, blowout preventer mechanisms, casing, well design, and other associated infrastructure related to offshore energy development;

‘(D) oil spill response and mitigation, including reviews of the best available technology for oil spill response and mitigation and the availability and accessibility of such technology in each region where leasing is taking place;

‘(E) risk associated with human factors;

‘(F) technologies and methods to reduce the impact of geophysical exploration activities on marine life; and

‘(G) renewable energy operations.’.

SEC. 212. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL REGULATIONS.

(a) In General- Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 1348) is amended–

(1) by amending subsection (c) to read as follows:

‘(c) Inspections- The Secretary and the Secretary of the department in which the Coast Guard is operating shall individually, or jointly if they so agree, promulgate regulations to provide for–

‘(1) scheduled onsite inspection, at least once a year, of each facility on the outer Continental Shelf which is subject to any environmental or safety regulation promulgated pursuant to this Act, which inspection shall include all safety equipment designed to prevent or ameliorate blowouts, fires, spillages, or other major accidents;

‘(2) scheduled onsite inspection, at least once a month, of each facility on the outer Continental Shelf engaged in drilling operations and which is subject to any environmental or safety regulation promulgated pursuant to this Act, which inspection shall include validation of the safety case required for the facility under section 21(g) and identifications of deviations from the safety case, and shall include all safety equipment designed to prevent or ameliorate blowouts, fires, spillages, or other major accidents;

‘(3) periodic onsite inspection without advance notice to the operator of such facility to assure compliance with such environmental or safety regulations; and

‘(4) periodic audits of each required safety and environmental management plan, and any associated safety case, both with respect to their implementation at each facility on the outer Continental Shelf for which such a plan or safety case is required and with respect to onshore management support for activities at such a facility.’;

(2) in subsection (d)(1)–

(A) by striking ‘each major fire and each major oil spillage’ and inserting ‘each major fire, each major oil spillage, each loss of well control, and any other accident that presented a serious risk to human or environmental safety’; and

(B) by inserting before the period at the end the following: ‘, as a condition of the lease or permit’;

(3) in subsection (d)(2), by inserting before the period at the end the following: ‘as a condition of the lease or permit’;

(4) in subsection (e), by adding at the end the following: ‘Any such allegation from any employee of the lessee or any subcontractor of the lessee shall be investigated by the Secretary.’;

(5) in subsection (b)(1), by striking ‘recognized’ and inserting ‘uncontrolled’; and

(6) by adding at the end the following:

‘(g) Information on Causes and Corrective Actions- For any incident investigated under this section, the Secretary shall promptly make available to all lessees and the public technical information about the causes and corrective actions taken. All data and reports related to any such incident shall be maintained in a data base available to the public.

‘(h) Operator’s Annual Certification-

‘(1) The Secretary, in cooperation with the Secretary of the department in which the Coast Guard is operating, shall require all operators of all new and existing drilling and production operations to annually certify that their operations are being conducted in accordance with applicable law and regulations.

‘(2) Each certification shall include, but, not be limited to, statements that verify the operator has–

‘(A) examined all well control system equipment (both surface and subsea) being used to ensure that it has been properly maintained and is capable of shutting in the well during emergency operations;

‘(B) examined and conducted tests to ensure that the emergency equipment has been function-tested and is capable of addressing emergency situations;

‘(C) reviewed all rig drilling, casing, cementing, well abandonment (temporary and permanent), completion, and workover practices to ensure that well control is not compromised at any point while emergency equipment is installed on the wellhead;

‘(D) reviewed all emergency shutdown and dynamic positioning procedures that interface with emergency well control operations;

‘(E) taken the necessary steps to ensure that all personnel involved in well operations are properly trained and capable of performing their tasks under both normal drilling and emergency well control operations; and

‘(F) updated the operator’s response plan required under section 25(c)(7) and exploration plans required under section 11(c)(3) to reflect the best available technology, including the availability of such technology.

‘(i) CEO Statement-

‘(1) IN GENERAL- The Secretary shall not approve any application for a permit to drill a well under this Act unless such application is accompanied by a statement in which the chief executive officer of the applicant attests, in writing, that–

‘(A) the applicant is in compliance with all applicable environmental and natural resource conservation laws;

‘(B) the applicant has the capability and technology to respond immediately and effectively to a worst-case oil spill in real-world conditions in the area of the proposed activity under the permit;

‘(C) the applicant has an oil spill response plan that ensures that the applicant has the capacity to promptly control and stop a blowout in the event that well control measures fail;

‘(D) the blowout preventer to be used during the drilling of the well has redundant systems to prevent or stop a blowout for all foreseeable blowout scenarios and failure modes;

‘(E) the well design is safe; and

‘(F) the applicant has the capability to expeditiously begin and complete a relief well if necessary in the event of a blowout.

‘(2) CIVIL PENALTY- Any chief executive officer who makes a false certification under paragraph (1) shall be liable for a civil penalty under section 24.

‘(j) Third Party Certification- All operators that modify or upgrade any emergency equipment placed on any operation to prevent blow-outs or other well control events, shall have an independent third party conduct a detailed physical inspection and design review of such equipment within 30 days of its installation. The independent third party shall certify that the equipment will operate as originally designed and any modifications or upgrades conducted after delivery have not compromised the design, performance, or functionality of the equipment. Failure to comply with this subsection shall result in suspension of the lease.’.

(b) Application- Section 22(i) of the Outer Continental Shelf Lands Act, as added by the amendments made by subsection (a), shall apply to approvals of applications for a permit to drill that are submitted after the end of the 6-month period beginning on the date of enactment of this Act.

SEC. 213. JUDICIAL REVIEW.

Section 23(c)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(c)(3)) is amended by striking ‘sixty’ and inserting ‘90’.

SEC. 214. REMEDIES AND PENALTIES.

(a) Civil Penalty, Generally- Section 24(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(b)) is amended to read as follows:

‘(b)(1) Except as provided in paragraph (2), any person who fails to comply with any provision of this Act, or any term of a lease, license, or permit issued pursuant to this Act, or any regulation or order issued under this Act, shall be liable for a civil administrative penalty of not more than $75,000 for each day of the continuance of such failure. The Secretary may assess, collect, and compromise any such penalty. No penalty shall be assessed until the person charged with a violation has been given an opportunity for a hearing. The Secretary shall, by regulation at least every 3 years, adjust the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor.

‘(2) If a failure described in paragraph (1) constitutes or constituted a threat of harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment, a civil penalty of not more than $150,000 shall be assessed for each day of the continuance of the failure.’.

(b) Knowing and Willful Violations- Section 24(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(c)) is amended in paragraph (4) by striking ‘$100,000’ and inserting ‘$10,000,000’.

(c) Officers and Agents of Corporations- Section 24(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1350(d)) is amended by inserting ‘, or with willful disregard,’ after ‘knowingly and willfully’.

SEC. 215. UNIFORM PLANNING FOR OUTER CONTINENTAL SHELF.

Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended–

(1) by striking ‘other than the Gulf of Mexico,’ in each place it appears;

(2) in subsection (c), by striking ‘and’ after the semicolon at the end of paragraph (5), redesignating paragraph (6) as paragraph (11), and inserting after paragraph (5) the following new paragraphs:

‘(6) a detailed and accurate description of equipment to be used for the drilling of wells pursuant to activities included in the development and production plan, including–

‘(A) a description of the drilling unit or units;

‘(B) a statement of the design and condition of major safety-related pieces of equipment, including independent third-party certification of such equipment; and

‘(C) a description of any new technology to be used;

‘(7) a scenario for the potential blowout of each well to be drilled as part of the plan involving the highest potential volume of liquid hydrocarbons, along with a complete description of a response plan to both control the blowout and manage the accompanying discharge of hydrocarbons, including the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, an estimate of the time it would take to drill a relief well, a description of other technology that may be used to regain control of the well or capture escaping hydrocarbons and the potential timeline for using that technology for its intended purpose, and the strategy, organization, and resources necessary to avoid harm to the environment from hydrocarbons;

‘(8) an analysis of the potential impacts of the worst-case-scenario discharge on the marine and coastal environments for activities conducted pursuant to the proposed development and production plan;

‘(9) a comprehensive survey and characterization of the coastal or marine environment within the area of operation, including bathymetry, currents and circulation patterns within the water column, and descriptions of benthic and pelagic environments;

‘(10) a description of the technologies to be deployed on the facilities to routinely observe and monitor in real time the marine environment throughout the duration of operations, and a description of the process by which such observation data and information will be made available to Federal regulators and to the System established under section 12304 of Public Law 111-11 (33 U.S.C. 3603); and’;

(3) in subsection (e), by striking so much as precedes paragraph (2) and inserting the following:

‘(e)(1) The Secretary shall treat the approval of a development and production plan, or a significant revision of a development and production plan, as an agency action requiring preparation of an environmental assessment or environmental impact statement, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’;

(4) by striking subsections (g) and (l), and redesignating subsections (h) through (k) as subsections (g) through and (j); and

(5) in subsection (g), as so redesignated, by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following:

‘(2) The Secretary shall not approve a development and production plan, or a significant revision to such a plan, unless–

‘(A) the plan is in compliance with all other applicable environmental and natural resource conservation laws; and

‘(B) the applicant has available oil spill response and clean-up equipment and technology that has been demonstrated to be capable of effectively remediating the projected worst-case release of oil from activities conducted pursuant to the development and production plan.’.

SEC. 216. OIL AND GAS INFORMATION PROGRAM.

Section 26(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1352(a)(1)) is amended by–

(1) striking the period at the end of subparagraph (A) and inserting ‘, provided that such data shall be transmitted in electronic format either in real-time or as quickly as practicable following the generation of such data.’; and

(2) striking subparagraph (C) and inserting the following:

‘(C) Lessees engaged in drilling operations shall provide to the Secretary–

‘(i) all daily reports generated by the lessee, or any daily reports generated by contractors or subcontractors engaged in or supporting drilling operations on the lessee’s lease, no more than 24 hours after the end of the day for which they should have been generated;

‘(ii) documentation of blowout preventer maintenance and repair, and any changes to design specifications of the blowout preventer, within 24 hours after such activity; and

‘(iii) prompt or real-time transmission of the electronic log from a blowout preventer control system.’.

SEC. 217. LIMITATION ON ROYALTY-IN-KIND PROGRAM.

Section 27(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1353(a)) is amended by striking the period at the end of paragraph (1) and inserting ‘, except that the Secretary shall not conduct a regular program to take oil and gas lease royalties in oil or gas.’.

SEC. 218. RESTRICTIONS ON EMPLOYMENT.

Section 29 of the Outer Continental Shelf Lands Act (43 U.S.C. 1355) is amended–

(1) in the matter preceding paragraph (1)–

(A) by striking ‘SEC. 29’ and all that follows through ‘No full-time’ and inserting the following:

‘SEC. 29. RESTRICTIONS ON EMPLOYMENT.

‘(a) In General- No full-time’; and

(B) by striking ‘, and who was at any time during the twelve months preceding the termination of his employment with the Department compensated under the Executive Schedule or compensated at or above the annual rate of basic pay for grade GS-16 of the General Schedule’;

(2) in paragraph (1)–

(A) in subparagraph (A), by inserting ‘or advise’ after ‘represent’;

(B) in subparagraph (B), by striking ‘with the intent to influence, make’ and inserting ‘act with the intent to influence, directly or indirectly, or make’; and

(C) in the matter following subparagraph (C)–

(i) by inserting ‘inspection or enforcement action,’ before ‘or other particular matter’; and

(ii) by striking ‘or’ at the end;

(3) in paragraph (2)–

(A) in subparagraph (A), by inserting ‘or advise’ after ‘represent’;

(B) in subparagraph (B), by striking ‘with the intent to influence, make’ and inserting ‘act with the intent to influence, directly or indirectly, or make’; and

(C) by striking the period at the end and inserting ‘; or’; and

(4) by adding at the end the following:

‘(3) during the 2-year period beginning on the date on which the employment of the officer or employee ceased at the Department, accept employment or compensation from any party that has a direct and substantial interest–

‘(A) that was pending under the official responsibility of the officer or employee as an officer at any point during the 2-year period preceding the date of termination of the responsibility; or

‘(B) in which the officer or employee participated personally and substantially as an officer or employee of the Department.

‘(b) Prior Dealings- No full-time officer or employee of the Department of the Interior who directly or indirectly discharged duties or responsibilities under this Act shall participate personally and substantially as a Federal officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, inspection, enforcement action, or other particular matter in which, to the knowledge of the officer or employee–

‘(1) the officer or employee or the spouse, minor child, or general partner of the officer or employee has a financial interest;

‘(2) any organization in which the officer or employee is serving as an officer, director, trustee, general partner, or employee has a financial interest;

‘(3) any person or organization with whom the officer or employee is negotiating or has any arrangement concerning prospective employment has a financial interest; or

‘(4) any person or organization in which the officer or employee has, within the preceding 1-year period, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee.

‘(c) Gifts From Outside Sources- No full-time officer or employee of the Department of the Interior who directly or indirectly discharges duties or responsibilities under this Act shall, directly or indirectly, solicit or accept any gift in violation of subpart B of part 2635 of title 5, Code of Federal Regulations (or successor regulations).

‘(d) Penalty- Any person that violates subsection (a) or (b) shall be punished in accordance with section 216 of title 18, United States Code.’.

SEC. 219. REPEAL OF ROYALTY RELIEF PROVISIONS.

(a) Repeal of Provisions of Energy Policy Act of 2005- The following provisions of the Energy Policy Act of 2005 (Public Law 109-58) are repealed:

(1) Section 344 (42 U.S.C. 15904; relating to incentives for natural gas production from deep wells in shallow waters of the Gulf of Mexico).

(2) Section 345 (42 U.S.C. 15905; relating to royalty relief for deep water production in the Gulf of Mexico).

(b) Repeal of Provisions Relating to Planning Areas Offshore Alaska- Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking ‘and in the Planning Areas offshore Alaska’.

SEC. 220. MANNING AND BUY- AND BUILD-AMERICAN REQUIREMENTS.

Section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356) is amended–

(1) in subsection (a), by striking ‘shall issue regulations which’ and inserting ‘shall issue regulations that shall be supplemental to and complementary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4(a)(1) of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that’; and

(2) by adding at the end the following:

‘(d) Buy and Build American- It is the intention of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of energy from the outer Continental Shelf. Moreover, the Congress intends to monitor the deployment of personnel and material on the outer Continental Shelf to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources.’.

SEC. 221. NATIONAL COMMISSION ON THE BP DEEPWATER HORIZON OIL SPILL AND OFFSHORE DRILLING.

(a) Technical Expertise-

(1) NATIONAL ACADEMY OF ENGINEERING AND NATIONAL RESEARCH COUNCIL- The National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established under Executive Order No. 13543 of May 21, 2010 (referred to in this section as the ‘Commission’) shall consult regularly, and in any event no less frequently than once per month, with the engineering and technology experts who are conducting the ‘Analysis of Causes of the Deepwater Horizon Explosion, Fire, and Oil Spill to Identify Measures to Prevent Similar Accidents in the Future’ for the National Academy of Engineering and the National Research Council.

(2) OTHER TECHNICAL EXPERTS- The Commission also shall consult with other United States citizens with experience and expertise in such areas as–

(A) engineering;

(B) environmental compliance;

(C) health and safety law (particularly oil spill legislation);

(D) oil spill insurance policies;

(E) public administration;

(F) oil and gas exploration and production;

(G) environmental cleanup;

(H) fisheries and wildlife management;

(I) marine safety; and

(J) human factors affecting safety.

(3) COMMISSION STAFF AND TECHNICAL EXPERTISE- The Commission shall retain, as either a full-time employee or a contractor, one or more science and technology expert-advisors with experience and expertise in petroleum engineering, rig safety, or drilling.

(b) Subpoenas-

(1) SUBPOENA POWER- The Commission may issue subpoenas in accordance with this subsection to compel the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, and other documents.

(2) ISSUANCE-

(A) AUTHORIZATION- A subpoena may be issued under this subsection only by–

(i) agreement of the Co-Chairs of the Commission; or

(ii) the affirmative vote of a majority of the members of the Commission.

(B) JUSTICE DEPARTMENT COORDINATION-

(i) NOTIFICATION- The Commission shall notify the Attorney General or the Attorney General’s designee of the Commission’s intent to issue a subpoena under this subsection, the identity of the recipient, and the nature of the testimony, documents, or other evidence (described in subparagraph (A)) sought before issuing such a subpoena. The form and content of such notice shall be set forth in the guidelines issued under clause (iv).

(ii) CONDITIONS FOR OBJECTION TO ISSUANCE- The Commission may not issue a subpoena under authority of this Act if the Attorney General objects to the issuance of the subpoena on the basis that the subpoena is likely to interfere with any–

(I) Federal or State criminal investigation or prosecution;

(II) pending investigation under sections 3729 through 3732 of title 31, United States Code (commonly known as the ‘Civil False Claims Act’);

(III) pending investigation under any other Federal statute providing for civil remedies; or

(IV) civil litigation to which the United States or any of its agencies is or is likely to be a party.

(iii) NOTIFICATION OF OBJECTION- The Attorney General or relevant United States Attorney shall notify the Commission of an objection raised under this subparagraph without unnecessary delay and as set forth in the guidelines issued under clause (iv).

(iv) GUIDELINES- As soon as practicable, but no later than 30 days after the date of the enactment of this Act, the Attorney General, after consultation with the Commission, shall issue guidelines to carry out this paragraph.

(C) SIGNATURE AND SERVICE- A subpoena issued under this subsection may be–

(i) issued under the signature of either Co-Chair of the Commission or any member designated by a majority of the Commission; and

(ii) served by any person designated by the Co-Chairs or a member designated by a majority of the Commission.

(3) ENFORCEMENT-

(A) REQUIRED PROCEDURES- In the case of contumacy of any person issued a subpoena under this subsection or refusal by such person to comply with the subpoena, the Commission may request the Attorney General to seek enforcement of the subpoena. Upon such request, the Attorney General may seek enforcement of the subpoena in a court described in subparagraph (B). The court in which the Attorney General seeks enforcement of the subpoena may issue an order requiring the subpoenaed person to appear at any designated place to testify or to produce documentary or other evidence described in subparagraph (A) of paragraph (2), and may punish any failure to obey the order as a contempt of that court.

(B) JURISDICTION FOR ENFORCEMENT- Any United States district court for a judicial district in which a person issued a subpoena under this subsection resides, is served, or may be found, or where the subpoena is returnable, upon application of the Attorney General, shall have jurisdiction to enforce the subpoena as provided in subparagraph (A).

(c) Recommendations and Purposes-

(1) IN GENERAL- The Commission shall develop recommendations for–

(A) improvements to Federal laws, regulations, and industry practices applicable to offshore drilling that would–

(i) ensure the effective oversight, inspection, monitoring, and response capabilities; and

(ii) protect the environment and natural resources; and

(B) organizational or other reforms of Federal agencies or processes, including the creation of new agencies, as necessary, to ensure that the improvements described in paragraph (1) are implemented and maintained.

(2) GOALS- In developing recommendations under paragraph (1), the Commission shall ensure that the following goals are met:

(A) Ensuring the safe operation and maintenance of offshore drilling platforms or vessels.

(B) Protecting the overall environment and natural resources surrounding ongoing and potential offshore drilling sites.

(C) Developing and maintaining Federal agency expertise on the safe and effective use of offshore drilling technologies, including technologies to minimize the risk of release of oil from offshore drilling platforms or vessels.

(D) Encouraging the development and implementation of efficient and effective oil spill response techniques and technologies that minimize or eliminate any adverse effects on natural resources or the environment that result from response activities.

(E) Ensuring that the Federal agencies regulating offshore drilling are staffed with, and managed by, career professionals, who are–

(i) permitted to exercise independent professional judgments and make safety the highest priority in carrying out their responsibilities;

(ii) not subject to undue influence from regulated interests or political appointees; and

(iii) subject to strict regulation to prevent improper relationships with regulated interests and to eliminate real or perceived conflicts of interests.

(3) REPORT TO CONGRESS- In coordination with its final public report to the President, the Commission shall submit to Congress a report containing the recommendations developed under paragraph (1).

SEC. 222. COORDINATION AND CONSULTATION WITH AFFECTED STATE AND LOCAL GOVERNMENTS.

Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 1345) is amended–

(1) by inserting ‘exploration plan or’ before ‘development and production plan’ in each place it appears; and

(2) by amending subsection (c) to read as follows:

‘(c) Acceptance or Rejection of Recommendations- The Secretary shall accept recommendations of the Governor and may accept recommendations of the executive of any affected local government if the Secretary determines, after having provided the opportunity for consultation, that they provide for a reasonable balance between the national interest and the well-being of the citizens of the affected State. For purposes of this subsection, a determination of the national interest shall be based on the desirability of obtaining oil and gas supplies in a balanced manner and on protecting coastal and marine ecosystems and the economies dependent on those ecosystems. The Secretary shall provide an explanation to the Governor, in writing, of the reasons for his determination to accept or reject such Governor’s recommendations, or to implement any alternative identified in consultation with the Governor.’.

SEC. 223. IMPLEMENTATION.

(a) New Leases- The provisions of this title and title VII shall apply to any lease that is issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) after the effective date of this Act.

(b) Existing Leases- For all leases that were issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) that are in effect on the effective date of this Act, the Secretary shall take action, consistent with the terms of those leases, to apply the requirements of this title and title VII to those leases. Such action may include, but is not limited to, promulgating regulations, renegotiating such existing leases, conditioning future leases on bringing such existing leases into full or partial compliance with this title and title VII, or taking any other actions authorized by law.

SEC. 224. REPORT ON ENVIRONMENTAL BASELINE STUDIES.

The Secretary of the Interior shall report to Congress within 6 months after the date of enactment of this Act on the costs of baseline environmental studies to gather, analyze, and characterize resource data necessary to implement the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). The Secretary shall include in the report proposals of fees or other ways to recoup such costs from persons engaging or seeking to engage in activities on the Outer Continental Shelf to which that Act applies.

SEC. 225. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND SUBSISTENCE USE.

Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is further amended by adding at the end the following:

‘(h) Cumulative Impacts on Marine Mammal Species and Stocks and Subsistence Use- In determining, pursuant to subparagraphs (A)(i) and (D)(i) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C.1371(a)(5)), whether takings from specified activities administered under this title will have a negligible impact on a marine mammal species or stock, and not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses, the Secretary of Commerce or Interior shall incorporate any takings of such species or stock from any other reasonably foreseeable activities administered under this Act.’.

Subtitle B–Royalty Relief for American Consumers

SEC. 231. SHORT TITLE.

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

SEC. 232. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.

(a) Issuance of New Leases-

(1) IN GENERAL- The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).

(2) PERSONS DESCRIBED- A person referred to in paragraph (1) is a person that–

(A) is a lessee that–

(i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or

(ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or

(B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease.

(3) MULTIPLE LESSEES-

(A) IN GENERAL- For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).

(B) TREATMENT OF SHARE AS COVERED LEASE- Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement.

(b) Transfers- A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee or other person has–

(1) renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or

(2) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).

(c) Use of Amounts for Deficit Reduction- Notwithstanding any other provision of law, any amounts received by the United States as rentals or royalties under covered leases shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate.

(d) Definitions- In this section–

(1) COVERED LEASE- The term ‘covered lease’ means a lease for oil or gas production in the Gulf of Mexico that is–

(A) in existence on the date of enactment of this Act;

(B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and

(C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).

(2) LESSEE- The term ‘lessee’ includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee.

(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

SEC. 233. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS.

The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract in the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or revised price thresholds effective October 1, 2010. Existing lease provisions shall prevail through September 30, 2010.

Subtitle C–Limitation on Moratorium

SEC. 241. LIMITATION OF MORATORIUM ON CERTAIN PERMITTING AND DRILLING ACTIVITIES.

(a) In General- The moratorium set forth in the decision memorandum of the Secretary of the Interior entitled ‘Decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the Outer Continental Shelf’ and dated July 12, 2010, and any suspension of operations issued in connection with the moratorium, shall not apply to an application for a permit to drill submitted on or after the effective date of this Act if the Secretary determines that the applicant–

(1) has complied with the notice entitled ‘National Notice to Lessees and Operators of Federal Oil and Gas Leases, Outer Continental Shelf (OCS)’ dated June 8, 2010 (NTL No. 2010-N05) and the notice entitled ‘National Notice to Lessees and Operators of Federal Oil and Gas Leases, Outer Continental Shelf (OCS)’ dated June 18, 2010 (NTL No. 2010-N06);

(2) has complied with additional safety measures recommended by the Secretary as of the date of the enactment of this Act; and

(3) has completed all required safety inspections.

(b) Determination on Permit- Not later than 30 days after the date on which the Secretary makes a determination that an applicant has complied with paragraphs (1), (2), and (3) of subsection (a), the Secretary shall make a determination on whether to issue the permit.

(c) No Suspension of Consideration- No Federal entity shall suspend the active consideration of, or preparatory work for, permits required to resume or advance activities suspended in connection with the moratorium.

(d) Report to Congress- Not later than October 31, 2010, the Secretary shall report to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources on the status of: (1) the collection and analysis of evidence regarding the potential causes of the April 20, 2010 explosion and sinking of the Deepwater Horizon offshore drilling rig, including information collected by the Presidential Commission and other investigations; (2) implementation of safety reforms described in the May 27, 2010, Departmental report entitled ‘Increased Safety Measures for Energy Development on the Outer Continental Shelf,’; (3) the ability of operators in the Gulf of Mexico to respond effectively to an oil spill in light of the Deepwater Horizon incident; and (4) industry and government efforts to engineer, design, construct and assemble wild well intervention and blowout containment resources necessary to contain an uncontrolled release of hydrocarbons in deep water should another blowout occur.

(e) Savings Clause- Nothing herein affects the Secretary’s authority to suspend offshore drilling permitting and drilling operations based on the threat of significant, irreparable or immediate harm or damage to life, property, or the marine, coastal or human environment pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 133 et seq.).

TITLE III–OIL AND GAS ROYALTY REFORM

SEC. 301. AMENDMENTS TO DEFINITIONS.

Section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702) is amended–

(1) in paragraph (8), by striking the semicolon and inserting ‘including but not limited to the Act of October 20, 1914 (38 Stat. 741); the Act of February 25, 1920 (41 Stat. 437); the Act of April 17, 1926 (44 Stat. 301); the Act of February 7, 1927 (44 Stat. 1057); and all Acts heretofore or hereafter enacted that are amendatory of or supplementary to any of the foregoing Acts;’;

(2) in paragraph (20)(A), by striking ‘: Provided, That’ and all that follows through ‘subject of the judicial proceeding’;

(3) in paragraph (20)(B), by striking ‘(with written notice to the lessee who designated the designee)’;

(4) in paragraph (23)(A), by striking ‘(with written notice to the lessee who designated the designee)’;

(5) by striking paragraph (24) and inserting the following:

‘(24) ‘designee’ means a person who pays, offsets, or credits monies, makes adjustments, requests and receives refunds, or submits reports with respect to payments a lessee must make pursuant to section 102(a);’;

(6) in paragraph (25)(B)–

(A) by striking ‘(subject to the provisions of section 102(a) of this Act)’; and

(B) in clause (ii) by striking the matter after subclause (IV) and inserting the following:

‘that arises from or relates to any lease, easement, right-of-way, permit, or other agreement regardless of form administered by the Secretary for, or any mineral leasing law related to, the exploration, production, and development of oil and gas or other energy resource on Federal lands or the Outer Continental Shelf;’.

(7) in paragraph (29), by inserting ‘or permit’ after ‘lease’; and

(8) by striking ‘and’ after the semicolon at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting a semicolon, and by adding at the end the following new paragraphs:

‘(34) ‘compliance review’ means a full-scope or a limited-scope examination of a lessee’s lease accounts to compare one or all elements of the royalty equation (volume, value, royalty rate, and allowances) against anticipated elements of the royalty equation to test for variances; and

‘(35) ‘marketing affiliate’ means an affiliate of a lessee whose function is to acquire the lessee’s production and to market that production.’.

SEC. 302. COMPLIANCE REVIEWS.

Section 101 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1711) is amended by adding at the end the following new subsection:

‘(d) The Secretary may, as an adjunct to audits of accounts for leases, utilize compliance reviews of accounts. Such reviews shall not constitute nor substitute for audits of lease accounts. Any disparity uncovered in such a compliance review shall be immediately referred to a program auditor. The Secretary shall, before completion of a compliance review, provide notice of the review to designees whose obligations are the subject of the review.’.

SEC. 303. CLARIFICATION OF LIABILITY FOR ROYALTY PAYMENTS.

Section 102(a) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1712(a)) is amended to read as follows:

‘(a) In order to increase receipts and achieve effective collections of royalty and other payments, a lessee who is required to make any royalty or other payment under a lease, easement, right-of-way, permit, or other agreement, regardless of form, or under the mineral leasing laws, shall make such payment in the time and manner as may be specified by the Secretary or the applicable delegated State. Any person who pays, offsets, or credits monies, makes adjustments, requests and receives refunds, or submits reports with respect to payments the lessee must make is the lessee’s designee under this Act. Notwithstanding any other provision of this Act to the contrary, a designee shall be liable for any payment obligation of any lessee on whose behalf the designee pays royalty under the lease. The person owning operating rights in a lease and a person owning legal record title in a lease shall be liable for that person’s pro rata share of payment obligations under the lease.’.

SEC. 304. REQUIRED RECORDKEEPING.

Section 103(b) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1712(a)) is amended by striking ‘6’ and inserting ‘7’.

SEC. 305. FINES AND PENALTIES.

Section 109 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719) is amended–

(1) in subsection (a) in the matter following paragraph (2), by striking ‘$500’ and inserting ‘$1,000’;

(2) in subsection (a)(2)(B), by inserting ‘(i)’ after ‘such person’, and by striking the period at the end and inserting ‘; and (ii) has not received notice, pursuant to paragraph (1), of more than two prior violations in the current calendar year.’;

(3) in subsection (b), by striking ‘$5,000’ and inserting ‘$10,000’;

(4) in subsection (c)–

(A) in paragraph (2), by striking ‘; or’ and inserting ‘, including any failure or refusal to promptly tender requested documents;’;

(B) in the text following paragraph (3)–

(i) by striking ‘$10,000’ and inserting ‘$20,000’; and

(ii) by striking the comma at the end and inserting a semicolon; and

(C) by adding at the end the following new paragraphs:

‘(4) knowingly or willfully fails to make any royalty payment in the amount or value as specified by statute, regulation, order, or terms of the lease; or

‘(5) fails to correctly report and timely provide operations or financial records necessary for the Secretary or any authorized designee of the Secretary to accomplish lease management responsibilities,’;

(5) in subsection (d), by striking ‘$25,000’ and inserting ‘$50,000’;

(6) in subsection (h), by striking ‘by registered mail’ and inserting ‘a common carrier that provides proof of delivery’; and

(7) by adding at the end the following subsection:

‘(m)(1) Any determination by the Secretary or a designee of the Secretary that a person has committed a violation under subsection (a), (c), or (d)(1) shall toll any applicable statute of limitations for all oil and gas leases held or operated by such person, until the later of–

‘(A) the date on which the person corrects the violation and certifies that all violations of a like nature have been corrected for all of the oil and gas leases held or operated by such person; or

‘(B) the date a final, nonappealable order has been issued by the Secretary or a court of competent jurisdiction.

‘(2) A person determined by the Secretary or a designee of the Secretary to have violated subsection (a), (c), or (d)(1) shall maintain all records with respect to the person’s oil and gas leases until the later of–

‘(A) the date the Secretary releases the person from the obligation to maintain such records; and

‘(B) the expiration of the period during which the records must be maintained under section 103(b).’.

SEC. 306. INTEREST ON OVERPAYMENTS.

Section 111 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721) is amended–

(1) by amending subsections (h) and (i) to read as follows:

‘(h) Interest shall not be allowed nor paid nor credited on any overpayment, and no interest shall accrue from the date such overpayment was made.

‘(i) A lessee or its designee may make a payment for the approximate amount of royalties (hereinafter in this subsection referred to as the ‘estimated payment’) that would otherwise be due for such lease by the date royalties are due for that lease. When an estimated payment is made, actual royalties are payable at the end of the month following the month in which the estimated payment is made. If the estimated payment was less than the amount of actual royalties due, interest is owed on the underpaid amount. If the lessee or its designee makes a payment for such actual royalties, the lessee or its designee may apply the estimated payment to future royalties. Any estimated payment may be adjusted, recouped, or reinstated by the lessee or its designee provided such adjustment, recoupment, or reinstatement is made within the limitation period for which the date royalties were due for that lease.’;

(2) by striking subsection (j); and

(3) in subsection (k)(4)–

(A) by striking ‘or overpaid royalties and associated interest’; and

(B) by striking ‘, refunded, or credited’.

SEC. 307. ADJUSTMENTS AND REFUNDS.

Section 111A of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721a) is amended–

(1) in subsection (a)(3), by inserting ‘(A)’ after ‘(3)’, and by striking the last sentence and inserting the following:

‘(B) Except as provided in subparagraph (C), no adjustment may be made with respect to an obligation that is the subject of an audit or compliance review after completion of the audit or compliance review, respectively, unless such adjustment is approved by the Secretary or the applicable delegated State, as appropriate.

‘(C) If an overpayment is identified during an audit, the Secretary shall allow a credit in the amount of the overpayment.’;

(2) in subsection (a)(4)–

(A) by striking ‘six’ and inserting ‘four’; and

(B) by striking ‘shall’ the second place it appears and inserting ‘may’; and

(3) in subsection (b)(1) by striking ‘and’ after the semicolon at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ‘; and’, and by adding at the end the following:

‘(E) is made within the adjustment period for that obligation.’.

SEC. 308. CONFORMING AMENDMENT.

Section 114 of the Federal Oil and Gas Royalty Management Act of 1982 is repealed.

SEC. 309. OBLIGATION PERIOD.

Section 115(c) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(c)) is amended by adding at the end the following new paragraph:

‘(3) ADJUSTMENTS- In the case of an adjustment under section 111A(a) in which a recoupment by the lessee results in an underpayment of an obligation, for purposes of this Act the obligation becomes due on the date the lessee or its designee makes the adjustment.’.

SEC. 310. NOTICE REGARDING TOLLING AGREEMENTS AND SUBPOENAS.

(a) Tolling Agreements- Section 115(d)(1) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(1)) is amended by striking ‘(with notice to the lessee who designated the designee)’.

(b) Subpoenas- Section 115(d)(2)(A) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is amended by striking ‘(with notice to the lessee who designated the designee, which notice shall not constitute a subpoena to the lessee)’.

SEC. 311. APPEALS AND FINAL AGENCY ACTION.

Paragraphs (1) and (2) of section 115(h) the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724(h)) are amended by striking ‘33’ each place it appears and inserting ‘48’.

SEC. 312. ASSESSMENTS.

Section 116 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1724) is repealed.

SEC. 313. COLLECTION AND PRODUCTION ACCOUNTABILITY.

(a) Pilot Project- Within 2 years after the date of enactment of this Act, the Secretary shall complete a pilot project with willing operators of oil and gas leases on the Outer Continental Shelf that assesses the costs and benefits of automatic transmission of oil and gas volume and quality data produced under Federal leases on the Outer Continental Shelf in order to improve the production verification systems used to ensure accurate royalty collection and audit.

(b) Report- The Secretary shall submit to Congress a report on findings and recommendations of the pilot project within 3 years after the date of enactment of this Act.

SEC. 314. NATURAL GAS REPORTING.

The Secretary shall, within 180 days after the date of enactment of this Act, implement the steps necessary to ensure accurate determination and reporting of BTU values of natural gas from all Federal oil and gas leases to ensure accurate royalty payments to the United States. Such steps shall include, but not be limited to–

(1) establishment of consistent guidelines for onshore and offshore BTU information from gas producers;

(2) development of a procedure to determine the potential BTU variability of produced natural gas on a by-reservoir or by-lease basis;

(3) development of a procedure to adjust BTU frequency requirements for sampling and reporting on a case-by-case basis;

(4) systematic and regular verification of BTU information; and

(5) revision of the ‘MMS-2014’ reporting form to record, in addition to other information already required, the natural gas BTU values that form the basis for the required royalty payments.

SEC. 315. PENALTY FOR LATE OR INCORRECT REPORTING OF DATA.

(a) In General- The Secretary shall issue regulations by not later than 1 year after the date of enactment of this Act that establish a civil penalty for late or incorrect reporting of data under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).

(b) Amount- The amount of the civil penalty shall be–

(1) an amount (subject to paragraph (2)) that the Secretary determines is sufficient to ensure filing of data in accordance with that Act; and

(2) not less than $10 for each failure to file correct data in accordance with that Act.

(c) Content of Regulations- Except as provided in subsection (b), the regulations issued under this section shall be substantially similar to part 216.40 of title 30, Code of Federal Regulations, as most recently in effect before the date of enactment of this Act.

SEC. 316. REQUIRED RECORDKEEPING.

Within 1 year after the date of enactment of this Act, the Secretary shall publish final regulations concerning required recordkeeping of natural gas measurement data as set forth in part 250.1203 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act), to include operators and other persons involved in the transporting, purchasing, or selling of gas under the requirements of that rule, under the authority provided in section 103 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1713).

SEC. 317. SHARED CIVIL PENALTIES.

Section 206 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1736) is amended by striking ‘Such amount shall be deducted from any compensation due such State or Indian Tribe under section 202 or section 205 or such State under section 205.’.

SEC. 318. APPLICABILITY TO OTHER MINERALS.

Section 304 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1753) is amended by adding at the end the following new subsection:

‘(e) Applicability to Other Minerals-

‘(1) Notwithstanding any other provision of law, sections 107, 109, and 110 of this Act and the regulations duly promulgated with respect thereto shall apply to any lease authorizing the development of coal or any other solid mineral on any Federal lands or Indian lands, to the same extent as if such lease were an oil and gas lease, on the same terms and conditions as those authorized for oil and gas leases.

‘(2) Notwithstanding any other provision of law, sections 107, 109, and 110 of this Act and the regulations duly promulgated with respect thereto shall apply with respect to any lease, easement, right-of-way, or other agreement, regardless of form (including any royalty, rent, or other payment due thereunder)–

‘(A) under section 8(k) or 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(k) and 1337(p)); or

‘(B) under the Geothermal Steam Act (30 U.S.C. 1001 et seq.), to the same extent as if such lease, easement, right-of-way, or other agreement were an oil and gas lease on the same terms and conditions as those authorized for oil and gas leases.

‘(3) For the purposes of this subsection, the term ‘solid mineral’ means any mineral other than oil, gas, and geo-pressured-geothermal resources, that is authorized by an Act of Congress to be produced from public lands (as that term is defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)).’.

SEC. 319. ENTITLEMENTS.

Not later than 180 days after the date of enactment of this Act, the Secretary shall publish final regulations prescribing when a Federal lessee or designee must report and pay royalties on the volume of oil and gas it takes under either a Federal or Indian lease or on the volume to which it is entitled to based upon its ownership interest in the Federal or Indian lease. The Secretary shall give consideration to requiring 100 percent entitlement reporting and paying based upon the lease ownership.

SEC. 320. LIMITATION ON ROYALTY IN-KIND PROGRAM.

Section 36 of the Mineral Leasing Act (30 U.S.C. 192) is amended by inserting before the period at the end of the first sentence the following: ‘, except that the Secretary shall not conduct a regular program to take oil and gas lease royalties in oil or gas’.

SEC. 321. APPLICATION OF ROYALTY TO OIL THAT IS SAVED, REMOVED, SOLD, OR DISCHARGED UNDER OFFSHORE OIL AND GAS LEASES.

Section 8(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)) is further amended by adding at the end the following new paragraph:

‘(10)(A) Any royalty under a lease under this section shall apply to all oil that is saved, removed, sold, or discharged, without regard to whether any of the oil is unavoidably lost or used on, or for the benefit of, the lease.

‘(B) In this paragraph the term ‘discharged’ means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.’.

TITLE IV–FULL FUNDING FOR THE LAND AND WATER CONSERVATION AND HISTORIC PRESERVATION FUNDS

Subtitle A–Land and Water Conservation Fund

SEC. 401. AMENDMENTS TO THE LAND AND WATER CONSERVATION FUND ACT OF 1965.

Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).

SEC. 402. EXTENSION OF THE LAND AND WATER CONSERVATION FUND.

Section 2 (16 U.S.C. 460l-5) is amended by striking ‘September 30, 2015’ both places it appears and inserting ‘September 30, 2040’.

SEC. 403. PERMANENT FUNDING.

(a) In General- The text of section 3 (16 U.S.C. 460l-6) is amended to read as follows:

‘(a) Permanent Funding- Of the moneys covered into the fund, $900,000,000 shall be available each fiscal year for expenditure for the purposes of this Act without further appropriation.

‘(b) Allocation Authority- The Committees on Appropriations of the House of Representatives and the Senate may provide by law for the allocation of moneys in the fund to eligible activities under this Act.

‘(c) Recreational Access Funding- Notwithstanding subsection (b), not less than 1.5 percent of the amounts made available under subsection (a) for each fiscal year shall be made available for projects that secure recreational public access to Federal land under the jurisdiction of the Secretary of the Interior for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions, from willing sellers.’.

(b) Conforming Amendments-

(1) Section 2(c)(2) (16 U.S.C. 460l-5(c)(2)) is amended by striking ‘: Provided’ and all that follows through the end of the sentence and inserting a period.

(2) Section 7(a) (16 U.S.C. 460l-9) is amended to read as follows: ‘Moneys from the fund for Federal purposes shall, unless allocated pursuant to section 3(b) of this Act, be allotted by the President to the following purposes and subpurposes:’.

Subtitle B–National Historic Preservation Fund

SEC. 411. PERMANENT FUNDING.

The text of section 108 of the National Historic Preservation Act (16 U.S.C. 470h) is amended to read as follows:

‘(a) Permanent Funding- To carry out the provisions of this Act, there is hereby established the Historic Preservation Fund (hereinafter referred to as the ‘fund’) in the Treasury of the United States. There shall be covered into the fund $150,000,000 for each of fiscal years 1982 through 2040 from revenues due and payable to the United States under the Outer Continental Shelf Lands Act (67 Stat. 462, 469), as amended (43 U.S.C. 1338) and/or under the Act of June 4, 1920 (41 Stat. 813), as amended (30 U.S.C.191), notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Such moneys shall be used only to carry out the purposes of this Act and shall be available for expenditure without further appropriation.

‘(b) Allocation Authority- The Committees on Appropriations of the House of Representatives and the Senate may provide by law for the allocation of moneys in the fund to eligible activities under this Act.’.

TITLE V–GULF OF MEXICO RESTORATION

SEC. 501. GULF OF MEXICO RESTORATION PROGRAM.

(a) Program- There is established a Gulf of Mexico Restoration Program for the purposes of coordinating Federal, State, and local restoration programs and projects to maximize efforts in restoring biological integrity, productivity and ecosystem functions in the Gulf of Mexico.

(b) Gulf of Mexico Restoration Task Force-

(1) ESTABLISHMENT- There is established a task force to be known as the Gulf of Mexico Restoration Task Force (in this section referred to as the ‘Restoration Task Force’).

(2) MEMBERSHIP- The Restoration Task Force shall consist of the Governors of each of the Gulf Coast States and the heads of appropriate Federal agencies selected by the President. The chairperson of the Restoration Task Force (in this subsection referred to as the ‘Chair’) shall be appointed by the President. The Chair shall be a person who, as the result of experience and training, is exceptionally well-qualified to manage the work of the Restoration Task Force. The Chair shall serve in the Executive Office of the President.

(3) ADVISORY COMMITTEES- The Restoration Task Force may establish advisory committees and working groups as necessary to carry out is its duties under this Act.

(4) CITIZEN ADVISORY COUNCIL-

(A) IN GENERAL- The Gulf Coast Restoration Task Force shall create a Citizen Advisory Council made up of individuals who–

(i) are local residents of the Gulf of Mexico region;

(ii) are stakeholders who are not from the oil and gas industry or scientific community;

(iii) include business owners, homeowners, and local decisionmakers; and

(iv) are a balanced representation geographically and in diversity among the interests of its members.

(B) FUNCTION- The Council shall provide recommendations to the Task Force regarding its work.

(c) Gulf of Mexico Restoration Plan-

(1) IN GENERAL- Not later than nine months after the date of enactment of this Act, the Restoration Task Force shall issue a proposed comprehensive, multi-jurisdictional plan for long-term restoration of the Gulf of Mexico that incorporates, to the greatest extent possible, existing restoration plans. Not later than 12 months after the date of enactment and after notice and opportunity for public comment, the Restoration Task Force shall publish a final plan. The Plan shall be updated every five years in the same manner.

(2) ELEMENTS OF RESTORATION PLAN- The Plan shall–

(A) identify processes and strategies for coordinating Federal, State, and local restoration programs and projects to maximize efforts in restoring biological integrity, productivity and ecosystem functions in the Gulf of Mexico region;

(B) identify mechanisms for scientific review and input to evaluate the benefits and long-term effectiveness of restoration programs and projects;

(C) identify, using the best science available, strategies for implementing restoration programs and projects for natural resources including–

(i) restoring species population and habitat including oyster reefs, sea grass beds, coral reefs, tidal marshes and other coastal wetlands and barrier islands and beaches;

(ii) restoring fish passage and improving migratory pathways for wildlife;

(iii) research that directly supports restoration programs and projects;

(iv) restoring the biological productivity and ecosystem function in the Gulf of Mexico region;

(v) improving the resilience of natural resources to withstand the impacts of climate change and ocean acidification to ensure the long-term effectiveness of the restoration program; and

(vi) restoring fisheries resources in the Gulf of Mexico that benefit the commercial and recreational fishing industries and seafood processing industries throughout the United States.

(3) REPORT- The Task Force shall annually provide a report to Congress about the progress in implementing the Plan.

(d) Definitions- For purposes of this section, the term–

(1) ‘Gulf Coast State’ means each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida; and

(2) ‘restoration programs and projects’ means activities that support the restoration, rehabilitation, replacement, or acquisition of the equivalent, of injured or lost natural resources including the ecological services and benefits provided by such resources.

(e) Relationship to Other Law- Nothing in this section affects the ability or authority of the Federal Government to recover costs of removal or damages from a person determined to be a responsible party pursuant to the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) or other law.

SEC. 502. GULF OF MEXICO LONG-TERM ENVIRONMENTAL MONITORING AND RESEARCH PROGRAM.

(a) In General- To ensure that the Federal Government has independent, peer-reviewed scientific data and information to assess long-term direct and indirect impacts on trust resources located in the Gulf of Mexico and Southeast region resulting from the Deepwater Horizon oil spill, the Secretary, through the National Oceanic and Atmospheric Administration, shall establish as soon as practicable after the date of enactment of this Act, a long-term, comprehensive marine environmental monitoring and research program for the marine and coastal environment of the Gulf of Mexico. The program shall remain in effect for a minimum of 10 years, and the Secretary may extend the program beyond this initial period based upon a determination that additional monitoring and research is warranted.

(b) Scope of Program- The program established under subsection (a) shall at a minimum include monitoring and research of the physical, chemical, and biological characteristics of the affected marine, coastal, and estuarine areas of the Gulf of Mexico and other regions of the exclusive economic zone of the United States affected by the Deepwater Horizon oil spill, and shall include specifically the following elements:

(1) The fate, transport, and persistence of oil released during the spill and spatial distribution throughout the water column.

(2) The fate, transport, and persistence of chemical dispersants applied in-situ or on surface waters.

(3) Identification of lethal and sub-lethal impacts to fish and wildlife resources that utilize habitats located within the affected region.

(4) Impacts to regional, State, and local economies that depend on the natural resources of the affected area, including commercial and recreational fisheries, and other wildlife-dependent recreation.

(5) Other elements considered necessary by the Secretary to ensure a comprehensive marine research and monitoring program to comprehend and understand the implications to trust resources caused by the Deepwater Horizon oil spill.

(c) Cooperation and Consultation- In developing the research and monitoring program established under subsection (a), the Secretary shall cooperate with the United States Geological Survey, and shall consult with–

(1) the Council authorized under subtitle E of title II of Public Law 104-201;

(2) appropriate representatives from the Gulf Coast States;

(3) academic institutions and other research organizations; and

(4) other experts with expertise in long-term environmental monitoring and research of the marine environment.

(d) Availability of Data- Data and information generated through the program established under subsection (a) shall be managed and archived to ensure that it is accessible and available to governmental and nongovernmental personnel and to the general public for their use and information.

(e) Report- No later than 1 year after the establishment of the program under subsection (a), and biennially thereafter, the Secretary shall forward to the Congress a comprehensive report summarizing the activities and findings of the program and detailing areas and issues requiring future monitoring and research.

(f) Definitions- For the purposes of this section, the term–

(1) ‘trust resources’ means the living and nonliving natural resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, any State, an Indian tribe, or a local government;

(2) ‘Gulf coast State’ means each of the states of Texas, Louisiana, Mississippi, Alabama and Florida; and

(3) ‘Secretary’ means the Secretary of Commerce.

SEC. 503. GULF OF MEXICO EMERGENCY MIGRATORY SPECIES ALTERNATIVE HABITAT PROGRAM.

(a) In General- In order to reduce the injury or death of many populations of migratory species of fish and wildlife, including threatened and endangered species and other species of critical conservation concern, that utilize estuarine, coastal, and marine habitats of the Gulf of Mexico that have been impacted, or are likely to be impacted, by the Deepwater Horizon oil spill, and to ensure that migratory species upon their annual return to the Gulf of Mexico find viable, healthy, and environmentally-safe habitats to utilize for resting, feeding, nesting and roosting, and breeding, the Secretary of the Interior shall establish as soon as practicable after date of enactment of this Act, an emergency migratory species alternative habitat program.

(b) Scope of Program- The program established under subsection (a) shall at a minimum support projects along the Northern coast of the Gulf of Mexico to–

(1) improve wetland water quality and forage;

(2) restore and refurbish diked impoundments;

(3) improve riparian habitats to increase fish passage and breeding habitat;

(4) encourage conversion of agricultural lands to provide alternative migratory habitat for water fowl and other migratory birds;

(5) transplant, relocate, or rehabilitate fish and wildlife; and

(6) conduct other activities considered necessary by the Secretary to ensure that migratory species have alternative habitat available for their use outside of habitat impacted by the oil spill.

(c) National Fish and Wildlife Foundation- In implementing this section the Secretary may enter into an agreement with the National Fish and Wildlife Foundation to administer the program.

SEC. 504. GULF OF MEXICO RESTORATION ACCOUNT.

(a) Establishment of Special Account- There is established in the Treasury of the United States a separate account to be known as the ‘Gulf of Mexico Restoration Account’.

(b) Funding- The Gulf of Mexico Restoration Account shall consist of such amounts as may be appropriated or credited to such Account by section 311A of the Federal Water Pollution Control Act.

(c) Expenditures- Amounts in the Gulf of Mexico Restoration Account shall be available, as provided in appropriations Acts, to carry out projects, programs, and activities as recommended by the Gulf of Mexico Restoration Task Force established in this title.

(d) Amendment to the Federal Water Pollution Control Act-

(1) IN GENERAL- Title III of the Federal Water Pollution Control Act is amended by inserting after section 311 the following:

‘SEC. 311A. ADDITIONAL PENALTIES FOR LARGE SPILLS IN THE GULF OF MEXICO.

‘(a) In General- In the case of an offshore facility from which more than 1,000,000 barrels of oil or a hazardous substance is discharged into the Gulf of Mexico in violation of section 311(b)(3), any person who is the owner or operator of the facility shall be subject to a civil penalty of $200,000,000 for each 1,000,000 barrels discharged.

‘(b) Relationship to Other Penalties- The civil penalty under subsection (a) shall be in addition to any other penalties to which the owner or operator of the facility is subject, including those under section 311.’.

(2) EFFECTIVE DATE- The amendment made by paragraph (1) takes effect on April 1, 2010.

TITLE VI–COORDINATION AND PLANNING

SEC. 601. REGIONAL COORDINATION.

(a) In General- The purpose of this title is to promote–

(1) better coordination, communication, and collaboration between Federal agencies with authorities for ocean, coastal, and Great Lakes management; and

(2) coordinated and collaborative regional planning efforts using the best available science, and to ensure the protection and maintenance of marine ecosystem health, in decisions affecting the sustainable development and use of Federal renewable and nonrenewable resources on, in, or above the ocean (including the Outer Continental Shelf) and the Great Lakes for the long-term economic and environmental benefit of the United States.

(b) Objectives of Regional Efforts- Such regional efforts shall achieve the following objectives:

(1) Greater systematic communication and coordination among Federal, coastal State, and affected tribal governments concerned with the conservation of and the sustainable development and use of Federal renewable and nonrenewable resources of the oceans, coasts, and Great Lakes.

(2) Greater reliance on a multiobjective, science- and ecosystem-based, spatially explicit management approach that integrates regional economic, ecological, affected tribal, and social objectives into ocean, coastal, and Great Lakes management decisions.

(3) Identification and prioritization of shared State and Federal ocean, coastal, and Great Lakes management issues.

(4) Identification of data and information needed by the Regional Coordination Councils established under section 602.

(c) Regions- There are hereby designated the following Coordination Regions:

(1) PACIFIC REGION- The Pacific Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the States of Washington, Oregon, and California.

(2) GULF OF MEXICO REGION- The Gulf of Mexico Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the States of Texas, Louisiana, Mississippi, and Alabama, and the west coast of Florida.

(3) NORTH ATLANTIC REGION- The North Atlantic Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut.

(4) MID ATLANTIC REGION- The Mid Atlantic Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the States of New York, New Jersey, Pennsylvania, Delaware, Maryland, and Virginia.

(5) SOUTH ATLANTIC REGION- The South Atlantic Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the States of North Carolina, South Carolina, Georgia, the east coast of Florida, and the Straits of Florida Planning Area.

(6) ALASKA REGION- The Alaska Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the State of Alaska.

(7) PACIFIC ISLANDS REGION- The Pacific Islands Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to the State of Hawaii, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam.

(8) CARIBBEAN REGION- The Caribbean Coordination Region, which shall consist of the coastal waters and Exclusive Economic Zone adjacent to Puerto Rico and the United States Virgin Islands.

(9) GREAT LAKES REGION- The Great Lakes Coordination Region, which shall consist of waters of the Great Lakes in the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

SEC. 602. REGIONAL COORDINATION COUNCILS.

(a) In General- Within 180 days after the date of enactment of this Act, the Chairman of the Council on Environmental Quality, in consultation with the affected coastal States and affected Indian tribes, shall establish or designate a Regional Coordination Council for each of the Coordination Regions designated by section 601(c).

(b) Membership-

(1) FEDERAL REPRESENTATIVES- Within 90 days after the date of enactment of this Act, the Chairman of the Council on Environmental Quality shall publish the titles of the officials of each Federal agency and department that shall participate in each Council. The Councils shall include representatives of each Federal agency and department that has authorities related to the development of ocean, coastal, or Great Lakes policies or engages in planning, management, or scientific activities that significantly affect or inform the use of ocean, coastal, or Great Lakes resources. The Chairman of the Council on Environmental Quality shall determine which Federal agency representative shall serve as the chairperson of each Council.

(2) COASTAL STATE REPRESENTATIVES-

(A) NOTICE OF INTENT TO PARTICIPATE- The Governor of each coastal State within each Coordination Region designated by section 601(c) shall within 3 months after the date of enactment of this Act, inform the Chairman of the Council on Environmental Quality whether or not the State intends to participate in the Regional Coordination Council for the Region.

(B) APPOINTMENT OF RESPONSIBLE STATE OFFICIAL- If a coastal State intends to participate in such Council, the Governor of the coastal State shall appoint an officer or employee of the coastal State agency with primary responsibility for overseeing ocean and coastal policy or resource management to that Council.

(C) ALASKA REGIONAL COORDINATION COUNCIL- The Regional Coordination Council for the Alaska Coordination Region shall include representation from each of the States of Alaska, Washington, and Oregon, if appointed by the Governor of that State in accordance with this paragraph.

(3) REGIONAL FISHERY MANAGEMENT COUNCIL REPRESENTATION- A representative of each Regional Fishery Management Council with jurisdiction in the Coordination Region of a Regional Coordination Council (who is selected by the Regional Fishery Management Council) and the executive director of the interstate marine fisheries commission with jurisdiction in the Coordination Region of a Regional Coordination Council shall each serve as a member of the Council.

(4) REGIONAL OCEAN PARTNERSHIP REPRESENTATION- A representative of any Regional Ocean Partnership that has been established for any part of the Coordination Region of a Regional Coordination Council may appoint a representative to serve on the Council in addition to any Federal or State appointments.

(5) TRIBAL REPRESENTATION- An appropriate tribal official selected by affected Indian tribes situated in the affected Coordination Region may elect to appoint a representative of such tribes collectively to serve as a member of the Regional Coordination Council for that Region.

(6) LOCAL REPRESENTATION- The Chairman of the Council on Environmental Quality shall, in consultation with the Governors of the coastal States within each Coordination Region, identify and appoint representatives of county and local governments, as appropriate, to serve as members of the Regional Coordination Council for that Region.

(c) Advisory Committee- Each Regional Coordination Council shall establish advisory committees for the purposes of public and stakeholder input and scientific advice, made up of a balanced representation from the energy, shipping, transportation, commercial and recreational fishing, and recreation industries, from marine environmental nongovernmental organizations, and from scientific and educational authorities with expertise in the conservation and management of ocean, coastal, and Great Lakes resources to advise the Council during the development of Regional Assessments and Regional Strategic Plans and in its other activities.

(d) Coordination With Existing Programs- Each Regional Coordination Council shall build upon and complement current State, multistate, and regional capacity and governance and institutional mechanisms to manage and protect ocean waters, coastal waters, and ocean resources.

SEC. 603. REGIONAL STRATEGIC PLANS.

(a) Initial Regional Assessment-

(1) IN GENERAL- Each Regional Coordination Council, shall, within one year after the date of enactment of this Act, prepare an initial assessment of its Coordination Region that shall identify deficiencies in data and information necessary to informed decisionmaking by Federal, State, and affected tribal governments concerned with the conservation of and management of the oceans, coasts, and Great Lakes. Each initial assessment shall to the extent feasible–

(A) identify the Coordination Region’s renewable and non renewable resources, including current and potential energy resources, except for the assessment for the Great Lakes Coordination Region, for which the Regional Coordination Council for such Coordination Region shall only identify the Great Lakes Coordination Region’s renewable energy resources, including current and potential renewable energy resources;

(B) identify and include a spatially and temporally explicit inventory of existing and potential uses of the Coordination Region, including fishing and fish habitat, recreation, and energy development;

(C) document the health and relative environmental sensitivity of the marine ecosystem within the Coordination Region, including a comprehensive survey and status assessment of species, habitats, and indicators of ecosystem health;

(D) identify marine habitat types and important ecological areas within the Coordination Region;

(E) assess the Coordination Region’s marine economy and cultural attributes and include regionally-specific ecological and socio-economic baseline data;

(F) identify and prioritize additional scientific and economic data necessary to inform the development of Strategic Plans; and

(G) include other information to improve decision making as determined by the Regional Coordination Council.

(2) DATA- Each initial assessment shall–

(A) use the best available data;

(B) collect and provide data in a spatially explicit manner wherever practicable and provide such data to the interagency comprehensive digital mapping initiative as described in section 2 of Public Law 109-58 (42 U.S.C. 15801); and

(C) make publicly available any such data that is not classified information.

(3) PUBLIC PARTICIPATION- Each Regional Coordination Council shall provide adequate opportunity for review and input by stakeholders and the general public during the preparation of the initial assessment and any revised assessments.

(b) Regional Strategic Plans-

(1) REQUIREMENT- Each Regional Coordination Council shall, within 3 years after the completion of the initial regional assessment, prepare and submit to the Chairman of the Council on Environmental Quality a multiobjective, science- and ecosystem-based, spatially explicit, integrated Strategic Plan in accordance with this subsection for the Council’s Coordination Region.

(2) OBJECTIVE AND GOALS- The objective of the Strategic Plans under this subsection shall be to foster comprehensive, integrated, and sustainable development and use of ocean, coastal, and Great Lakes resources, while protecting marine ecosystem health and sustaining the long-term economic and ecosystem values of the oceans, coasts, and Great Lakes.

(3) CONTENTS- Each Strategic Plan prepared by a Regional Coordination Council shall–

(A) be based on the initial regional assessment and updates for the Coordination Region under subsections (a) and (c), respectively;

(B) foster the sustainable and integrated development and use of ocean, coastal, and Great Lakes resources in a manner that protects the health of marine ecosystems;

(C) identify areas with potential for siting and developing renewable and nonrenewable energy resources in the Coordination Region covered by the Strategic Plan, except for the Strategic Plan for the Great Lakes Coordination Region which shall identify only areas with potential for siting and developing renewable energy resources in the Great Lakes Coordination Region;

(D) identify other current and potential uses of the ocean and coastal resources in the Coordination Region;

(E) identify and recommend long-term monitoring needs for ecosystem health and socioeconomic variables within the Coordination Region covered by the Strategic Plan;

(F) identify existing State and Federal regulating authorities within the Coordination Region covered by the Strategic Plan and measures to assist those authorities in carrying out their responsibilities;

(G) identify best available technologies to minimize adverse environmental impacts and use conflicts in the development of ocean and coastal resources in the Coordination Region;

(H) identify additional research, information, and data needed to carry out the Strategic Plan;

(I) identify performance measures and benchmarks for purposes of fulfilling the responsibilities under this section to be used to evaluate the Strategic Plan’s effectiveness;

(J) define responsibilities and include an analysis of the gaps in authority, coordination, and resources, including funding, that must be filled in order to fully achieve those performance measures and benchmarks; and

(K) include such other information at the Chairman of the Council on Environmental Quality determines is appropriate.

(4) PUBLIC PARTICIPATION- Each Regional Coordination Council shall provide adequate opportunities for review and input by stakeholders and the general public during the development of the Strategic Plan and any Strategic Plan revisions.

(c) Updated Regional Assessments- Each Regional Coordination Council shall update the initial regional assessment prepared under subsection (a) in coordination with each Strategic Plan revision under subsection (e), to provide more detailed information regarding the required elements of the assessment and to include any relevant new information that has become available in the interim.

(d) Review and Approval-

(1) COMMENCEMENT OF REVIEW- Within 10 days after receipt of a Strategic Plan under this section, or any revision to such a Strategic Plan, from a Regional Coordination Council, the Chairman of the Council of Environmental Quality shall commence a review of the Strategic Plan or the revised Strategic Plan, respectively.

(2) PUBLIC NOTICE AND COMMENT- Immediately after receipt of such a Strategic Plan or revision, the Chairman of the Council of Environmental Quality shall publish the Strategic Plan or revision in the Federal Register and provide an opportunity for the submission of public comment for a 90-day period beginning on the date of such publication.

(3) REQUIREMENTS FOR APPROVAL- Before approving a Strategic Plan, or any revision to a Strategic Plan, the Chairman of the Council on Environmental Quality must find that the Strategic Plan or revision–

(A) complies with subsection (b); and

(B) complies with the purposes of this title as identified in section 601(a) and the objectives identified in section 601(b).

(4) DEADLINE FOR COMPLETION- Within 180 days after the receipt of a Strategic Plan, or a revision to a Strategic Plan, the Chairman of the Council of Environmental Quality shall approve or disapprove the Strategic Plan or revision. If the Chairman disapproves the Strategic Plan or revision, the Chairman shall transmit to the Regional Coordination Council that submitted the Strategic Plan or revision, an identification of the deficiencies and recommendations to improve it. The Council shall submit a revised Strategic Plan or revision to such plan with 180 days after receiving the recommendations from the Chairman.

(e) Plan Revision- Each Strategic Plan shall be reviewed and revised by the relevant Regional Coordination Council at least once every 5 years. Such review and revision shall be based on the most recently updated regional assessment. Any proposed revisions to the Strategic Plan shall be submitted to the Chairman of the Council on Environmental Quality for review and approval pursuant to this section.

SEC. 604. REGULATIONS AND SAVINGS CLAUSE.

(a) Regulations- The Chairman of the Council on Environmental Quality may issue such regulations as the Chairman considers necessary to implement sections 601 through 603.

(b) Savings Clause- Nothing in this title shall be construed to affect existing authorities under Federal law.

SEC. 605. OCEAN RESOURCES CONSERVATION AND ASSISTANCE FUND.

(a) Establishment-

(1) IN GENERAL- There is established in the Treasury of the United States a separate account to be known as the Ocean Resources Conservation and Assistance Fund.

(2) CREDITS- The ORCA Fund shall be credited with amounts as specified in section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), as amended by section 207 of this Act.

(3) ALLOCATION OF THE ORCA FUND- Of the amounts appropriated from the ORCA Fund each fiscal year–

(A) 70 percent shall be allocated to the Secretary, of which–

(i) one-half shall be used to make grants to coastal States and affected Indian tribes under subsection (b); and

(ii) one-half shall be used for the ocean, coastal, and Great Lakes grants program established by subsection (c);

(B) 20 percent shall be allocated to the Secretary to carry out the purposes of subsection (e); and

(C) 10 percent shall be allocated to the Secretary to make grants to Regional Ocean Partnerships under subsection (d) and the Regional Coordination Councils established under section 602.

(4) PROCEDURES- The Secretary shall establish application, review, oversight, financial accountability, and performance accountability procedures for each grant program for which funds are allocated under this subsection.

(b) Grants to Coastal States-

(1) GRANT AUTHORITY- The Secretary may use amounts allocated under subsection (a)(3)(A)(I)(I) to make grants to–

(A) coastal States pursuant to the formula established under section 306(c) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(c)); and

(B) affected Indian tribes based on and proportional to any specific coastal and ocean management authority granted to an affected tribe pursuant to affirmation of a Federal reserved right.

(2) ELIGIBILITY- To be eligible to receive a grant under this subsection, a coastal State or affected Indian tribe must prepare and revise a 5-year plan and annual work plans that–

(A) demonstrate that activities for which the coastal State or affected Indian tribe will use the funds are consistent with the eligible uses of the Fund described in subsection (f); and

(B) provide mechanisms to ensure that funding is made available to government, nongovernment, and academic entities to carry out eligible activities at the county and local level.

(3) APPROVAL OF STATE AND AFFECTED TRIBAL PLANS-

(A) IN GENERAL- Plans required under paragraph (2) must be submitted to and approved by the Secretary.

(B) PUBLIC INPUT AND COMMENT- In determining whether to approve such plans, the Secretary shall provide opportunity for, and take into consideration, public input and comment on the plans from stakeholders and the general public.

(5) ENERGY PLANNING GRANTS- For each of the fiscal years 2011 through 2015, the Secretary may use funds allocated for grants under this subsection to make grants to coastal States and affected tribes under section 320 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as amended by this Act.

(6) USE OF FUNDS- Any amounts provided as a grant under this subsection, other than as a grants under paragraph (5), may only be used for activities described in subsection (f).

(c) Ocean and Coastal Competitive Grants Program-

(1) ESTABLISHMENT- The Secretary shall use amounts allocated under subsection (a)(3)(A)(I)(II) to make competitive grants for conservation and management of ocean, coastal, and Great Lakes ecosystems and marine resources.

(2) OCEAN, COASTAL, AND GREAT LAKES REVIEW PANEL-

(A) IN GENERAL- The Secretary shall establish an Ocean, Coastal, and Great Lakes Review Panel (in this subsection referred to as the ‘Panel’), which shall consist of 12 members appointed by the Secretary with expertise in the conservation and management of ocean, coastal, and Great Lakes ecosystems and marine resources. In appointing members to the Council, the Secretary shall include a balanced diversity of representatives of relevant Federal agencies, the private sector, nonprofit organizations, and academia.

(B) FUNCTIONS- The Panel shall–

(i) review, in accordance with the procedures and criteria established under paragraph (3), grant applications under this subsection;

(ii) make recommendations to the Secretary regarding which grant applications should be funded and the amount of each grant; and

(iii) establish any specific requirements, conditions, or limitations on a grant application recommended for funding.

(3) PROCEDURES AND ELIGIBILITY CRITERIA FOR GRANTS-

(A) IN GENERAL- The Secretary shall establish–

(i) procedures for applying for a grant under this subsection and criteria for evaluating applications for such grants; and

(ii) criteria, in consultation with the Panel, to determine what persons are eligible for grants under the program.

(B) ELIGIBLE PERSONS- Persons eligible under the criteria under subparagraph (A)(ii) shall include Federal, State, affected tribal, and local agencies, fishery or wildlife management organizations, nonprofit organizations, and academic institutions.

(4) APPROVAL OF GRANTS- In making grants under this subsection the Secretary shall give the highest priority to the recommendations of the Panel. If the Secretary disapproves a grant recommended by the Panel, the Secretary shall explain that disapproval in writing.

(5) USE OF GRANT FUNDS- Any amounts provided as a grant under this subsection may only be used for activities described in subsection (f).

(d) Grants to Regional Ocean Partnerships-

(1) GRANT AUTHORITY- The Secretary may use amounts allocated under subsection (a)(3)(A)(iii) to make grants to Regional Ocean Partnerships.

(2) ELIGIBILITY- In order to be eligible to receive a grant, a Regional Ocean Partnership must prepare and annually revise a plan that–

(A) identifies regional science and information needs, regional goals and priorities, and mechanisms for facilitating coordinated and collaborative responses to regional issues;

(B) establishes a process for coordinating and collaborating with the Regional Coordination Councils established under section 602 to address regional issues and information needs and achieve regional goals and priorities; and

(C) demonstrates that activities to be carried out with such funds are eligible uses of the funds identified in subsection (f).

(3) APPROVAL BY SECRETARY- Such plans must be submitted to and approved by the Secretary.

(4) PUBLIC INPUT AND COMMENT- In determining whether to approve such plans, the Secretary shall provide opportunity for, and take into consideration, input and comment on the plans from stakeholders and the general public.

(5) USE OF FUNDS- Any amounts provided as a grant under this subsection may only be used for activities described in subsection (f).

(e) Long-term Ocean and Coastal Observations-

(1) IN GENERAL- The Secretary shall use the amounts allocated under subsection (a)(3)(A)(ii) to build, operate, and maintain the system established under section 12304 of Public Law 111-11 (33 U.S.C. 3603), in accordance with the purposes and policies for which the system was established.

(2) ADMINISTRATION OF FUNDS- The Secretary shall administer and distribute funds under this subsection based upon comprehensive system budgets adopted by the Council referred to in section 12304(c)(1)(A) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(c)(1)(A)).

(f) Eligible Use of Funds- Any funds made available under this section may only be used for activities that contribute to the conservation, protection, maintenance, and restoration of ocean, coastal, and Great Lakes ecosystems in a manner that is consistent with Federal environmental laws and that avoids environmental degradation, including–

(1) activities to conserve, protect, maintain, and restore coastal, marine, and Great Lakes ecosystem health;

(2) activities to protect marine biodiversity and living marine and coastal resources and their habitats, including fish populations;

(3) the development and implementation of multiobjective, science- and ecosystem-based plans for monitoring and managing the wide variety of uses affecting ocean, coastal, and Great Lakes ecosystems and resources that consider cumulative impacts and are spatially explicit where appropriate;

(4) activities to improve the resiliency of those ecosystems;

(5) activities to improve the ability of those ecosystems to become more resilient, and to adapt to and withstand the impacts of climate change and ocean acidification;

(6) planning for and managing coastal development to minimize the loss of life and property associated with sea level rise and the coastal hazards resulting from it;

(7) research, education, assessment, monitoring, and dissemination of information that contributes to the achievement of these purposes;

(8) research of, protection of, enhancement to, and activities to improve the resiliency of culturally significant areas and resources; and

(9) activities designed to rescue, rehabilitate, and recover injured marine mammals, marine birds, and sea turtles.

(g) Definitions- In this section:

(1) ORCA FUND- The term ‘ORCA Fund’ means the Ocean Resources Conservation and Assistance Fund established by this section.

(2) SECRETARY- Notwithstanding section 3, the term ‘Secretary’ means the Secretary of Commerce.

SEC. 606. WAIVER.

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Regional Coordination Councils established under section 602.

TITLE VII–OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION

SEC. 701. SHORT TITLE.

This title may be cited as the ‘Oil Spill Accountability and Environmental Protection Act of 2010’.

SEC. 702. REPEAL OF AND ADJUSTMENTS TO LIMITATION ON LIABILITY.

(a) In General- Section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704) is amended–

(1) in subsection (a)–

(A) in paragraph (2)–

(i) by striking ‘$800,000,,’ and inserting ‘$800,000,’; and

(ii) by adding ‘and’ after the semicolon at the end;

(B) by striking paragraph (3); and

(C) by redesignating paragraph (4) as paragraph (3);

(2) in subsection (b)(2) by striking the second sentence; and

(3) by striking subsection (d)(4) and inserting the following:

‘(4) ADJUSTMENT OF LIMITS ON LIABILITY- Not later than 3 years after the date of enactment of the Oil Spill Accountability and Environmental Protection Act of 2010, and at least once every 3 years thereafter, the President shall review the limits on liability specified in subsection (a) and shall by regulation revise such limits upward to reflect either the amount of liability that the President determines is commensurate with the risk of discharge of oil presented by a particular category of vessel, facility, or port or any increase in the Consumer Price Index, whichever is greater.’.

(b) Applicability- The amendments made by this section apply to–

(1) any claim arising from an event occurring after the date of enactment of this Act; and

(2) any claim arising from an event occurring before such date of enactment, if the claim is brought within the limitations period applicable to the claim.

SEC. 703. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES.

Section 1016 of the Oil Pollution Act of 1990 (33 U.S.C. 2716) is amended–

(1) in subsection (c)(1)–

(A) in subparagraph (B) by striking ‘subparagraph (A) is’ and all that follows before the period and inserting ‘subparagraph (A) is $300,000,000’; and

(B) by striking subparagraph (C) and inserting the following:

‘(C) ALTERNATE AMOUNT-

‘(i) SPECIFIC FACILITIES-

‘(I) IN GENERAL- If the President determines that an amount of financial responsibility for a responsible party that is less than the amount required by subparagraph (B) is justified based on the criteria established under clause (ii), the evidence of financial responsibility required shall be for an amount determined by the President.

‘(II) MINIMUM AMOUNTS- In no case shall the evidence of financial responsibility required under this section be less than–

‘(aa) $105,000,000 for an offshore facility located seaward of the seaward boundary of a State; or

‘(bb) $30,000,000 for an offshore facility located landward of the seaward boundary of a State.

‘(ii) CRITERIA FOR DETERMINATION OF FINANCIAL RESPONSIBILITY- The President shall prescribe the amount of financial responsibility required under clause (i)(I) based on the following:

‘(I) The market capacity of the insurance industry to issue such instruments.

‘(II) The operational risk of a discharge and the effects of that discharge on the environment and the region.

‘(III) The quantity and location of the oil and gas that is explored for, drilled for, produced, or transported by the responsible party.

‘(IV) The asset value of the owner of the offshore facility, including the combined asset value of all partners that own the facility.

‘(V) The cost of all removal costs and damages for which the owner may be liable under this Act based on a worst-case-scenario.

‘(VI) The safety history of the owner of the offshore facility.

‘(VII) Any other factors that the President considers appropriate.

‘(iii) ADJUSTMENT FOR ALL OFFSHORE FACILITIES-

‘(I) IN GENERAL- Not later than 3 years after the date of enactment of the Oil Spill Accountability and Environmental Protection Act of 2010, and at least once every 3 years thereafter, the President shall review the levels of financial responsibility specified in this subsection and the limit on liability specified in subsection (f)(4) and may by regulation revise such levels and limit upward to the levels and limit that the President determines are justified based on the relative operational, environmental, and other risks posed by the quantity, quality, or location of oil that is explored for, drilled for, produced, or transported by the responsible party.

‘(II) NOTICE TO CONGRESS- Upon completion of a review specified in subclause (I), the President shall notify Congress as to whether the President will revise the levels of financial responsibility and limit on liability referred to in subclause (I) and the factors used in making such determination.’;

(2) in subsection (e) by striking ‘self-insurer,’ and inserting ‘self-insurer, participation in cooperative arrangements such as pooling or joint insurance,’; and

(3) in subsection (f)–

(A) in paragraph (1) by striking ‘Subject’ and inserting ‘Except as provided in paragraph (4) and subject’; and

(B) by adding at the end the following:

‘(4) MAXIMUM LIABILITY- The maximum liability of a guarantor of an offshore facility under this subsection is $300,000,000.’.

SEC. 704. DAMAGES TO HUMAN HEALTH.

(a) In General- Section 1002(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended by adding at the end the following:

‘(G) HUMAN HEALTH-

‘(i) IN GENERAL- Damages to human health, including fatal injuries, which shall be recoverable by any claimant who has a demonstrable, adverse impact to human health or, in the case of a fatal injury to an individual, a claimant filing a claim on behalf of such individual.

‘(ii) INCLUSION- For purposes of clause (i), the term ‘human health’ includes mental health.’.

(b) Applicability- The amendments made by this section apply to–

(1) any claim arising from an event occurring after the date of enactment of this Act; and

(2) any claim arising from an event occurring before such date of enactment, if the claim is brought within the limitations period applicable to the claim.

SEC. 705. CLARIFICATION OF LIABILITY FOR DISCHARGES FROM MOBILE OFFSHORE DRILLING UNITS.

(a) In General- Section 1004(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(b)(2)) is amended–

(1) by striking ‘from any incident described in paragraph (1)’ and inserting ‘from any discharge of oil, or substantial threat of a discharge of oil, into or upon the water’; and

(2) by striking ‘liable’ and inserting ‘liable as described in paragraph (1)’.

(b) Applicability- The amendments made by this section shall apply to–

(1) any claim arising from an event occurring after the date of enactment of this Act; and

(2) any claim arising from an event occurring before such date of enactment, if the claim is brought within the limitations period applicable to the claim.

SEC. 706. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT.

Section 1006(e)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2706(e)(2)) is amended–

(1) in the heading by striking ‘REBUTTABLE PRESUMPTION’ and inserting ‘JUDICIAL REVIEW OF ASSESSMENTS’; and

(2) by striking ‘have the force and effect’ and all that follows before the period and inserting the following: ‘be subject to judicial review under subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act), on the basis of the administrative record developed by the lead Federal trustee as provided in such regulations’.

SEC. 707. PROCEDURES FOR CLAIMS AGAINST FUND; INFORMATION ON CLAIMS.

(a) Procedures for Claims Against Fund- Section 1013(e) of the Oil Pollution Act of 1990 (33 U.S.C. 2713(e)) is amended by adding at the end the following: ‘In the event of a spill of national significance, the President may exercise the authorities under this section to ensure that the presentation, filing, processing, settlement, and adjudication of claims occurs within the States and local governments affected by such spill to the greatest extent practicable.’.

(b) Information on Claims- Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended by inserting after section 1013 the following:

‘SEC. 1013A. INFORMATION ON CLAIMS.

‘In the event of a spill of national significance, the President may require a responsible party or a guarantor of a source designated under section 1014(a) to provide to the President any information on or related to claims, either individually, in the aggregate, or both, that the President requests, including–

‘(1) the transaction date or dates of such claims, including processing times; and

‘(2) any other data pertaining to such claims necessary to ensure the performance of the responsible party or the guarantor with regard to the processing and adjudication of such claims.’.

(c) Conforming Amendment- The table of contents contained in section 2 of such Act is amended by inserting after the item relating to section 1013 the following:

‘Sec. 1013A. Information on claims.’.

(d) Applicability- The amendments made by this section apply to–

(1) any claim arising from an event occurring after the date of enactment of this Act; and

(2) any claim arising from an event occurring before such date of enactment, if the claim is brought within the limitations period applicable to the claim.

SEC. 708. ADDITIONAL AMENDMENTS AND CLARIFICATIONS TO OIL POLLUTION ACT OF 1990.

(a) Definitions-

(1) REMOVAL COSTS- Section 1001(31) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(31)) is amended by inserting before the semicolon the following: ‘and includes all costs of Federal enforcement activities related thereto’.

(2) RESPONSIBLE PARTY- Section 1001(32)(B) of such Act (33 U.S.C. 2701(32)(B)) is amended by inserting before ‘, except a’ the following: ‘any person who owns or who has a leasehold interest or other property interest in the land or in the minerals beneath the land on which the facility is located, and any person who is the assignor of a property interest in the land or in the minerals beneath the land on which the facility is located,’.

(b) Elements of Liability- Section 1002(b)(1)(A) of such Act (33 U.S.C. 2702(b)(1)(A)) is amended by inserting before the semicolon the following: ‘, including all costs of Federal enforcement activities related thereto’.

(c) Subrogation- Section 1015(c) of such Act (33 U.S.C. 2715(c)) is amended by adding at the end the following: ‘In such actions, the Fund shall recover all costs and damages paid from the Fund unless the decision to make the payment is found to be arbitrary or capricious.’.

(d) Financial Responsibility- Section 1016(f)(1) of such Act (33 U.S.C. 2717(f)(1)) is amended–

(1) by inserting ‘and’ at the end of subparagraph (A);

(2) by striking ‘; and’ at the end of subparagraph (B) and inserting a period; and

(3) by striking subparagraph (C).

(e) Considerations of Trustees- Section 1006(d) of such Act (33 U.S.C. 2706(d)) is amended by adding at the end the following:

‘(4) CONSIDERATIONS OF TRUSTEES-

‘(A) EQUAL AND FULL CONSIDERATION- Trustees shall–

‘(i) give equal and full consideration to restoration, rehabilitation, replacement, and the acquisition of the equivalent of the natural resources under their trusteeship; and

‘(ii) consider restoration, rehabilitation, replacement, and the acquisition of the equivalent of the natural resources under their trusteeship in a holistic ecosystem context and using, where available, eco-regional or natural resource plans.

‘(B) SPECIAL RULE ON ACQUISITION- Acquisition shall only be given full and equal consideration under subparagraph (A) if it provides a substantially greater likelihood of improving the resilience of the lost or damaged resource and supports local ecological processes.’.

(f) Applicability- The amendments made by this section apply to–

(1) any claim arising from an event occurring after the date of enactment of this Act; and

(2) any claim arising from an event occurring before such date of enactment, if the claim is brought within the limitations period applicable to the claim.

SEC. 709. AMERICANIZATION OF OFFSHORE OPERATIONS IN THE EXCLUSIVE ECONOMIC ZONE.

(a) Registry Endorsement Required-

(1) IN GENERAL- Section 12111 of title 46, United States Code, is amended by adding at the end the following:

‘(e) Resource Activities in the EEZ- Except for activities requiring an endorsement under sections 12112 or 12113, only a vessel for which a certificate of documentation with a registry endorsement is issued and that is owned by a citizen of the United States (as determined under section 50501(d)) may engage in support of exploration, development, or production of resources in, on, above, or below the exclusive economic zone or any other activity in the exclusive economic zone to the extent that the regulation of such activity is not prohibited under customary international law.’.

(2) APPLICABILITY- The amendment made by paragraph (1) applies only with respect to exploration, development, production, and support activities that commence on or after July 1, 2011.

(b) Legal Authority- Section 2301 of title 46, United States Code, is amended–

(1) by striking ‘chapter’ and inserting ‘title’; and

(2) by inserting after ‘1988’ the following: ‘and the exclusive economic zone to the extent that the regulation of such operation is not prohibited under customary international law’.

(c) Training for Coast Guard Personnel- Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a program to provide Coast Guard personnel with the training necessary for the implementation of the amendments made by this section.

SEC. 710. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFFSHORE DRILLING UNITS.

Section 3203 of title 46, United States Code, is amended–

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

‘(b) Mobile Offshore Drilling Units- The safety management system described in subsection (a) for a mobile offshore drilling unit operating in waters subject to the jurisdiction of the United States (including the exclusive economic zone) shall include processes, procedures, and policies related to the safe operation and maintenance of the machinery and systems on board the vessel that may affect the seaworthiness of the vessel in a worst-case event.’.

SEC. 711. SAFETY STANDARDS FOR MOBILE OFFSHORE DRILLING UNITS.

Section 3306 of title 46, United States Code, is amended by adding at the end the following:

‘(k) In prescribing regulations for mobile offshore drilling units, the Secretary shall develop standards to address a worst-case event on the vessel.’.

SEC. 712. OPERATIONAL CONTROL OF MOBILE OFFSHORE DRILLING UNITS.

(a) Licenses for Masters of Mobile Offshore Drilling Units-

(1) IN GENERAL- Chapter 71 of title 46, United States Code, is amended by redesignating sections 7104 through 7114 as sections 7105 through 7115, respectively, and by inserting after section 7103 the following:

‘Sec. 7104. Licenses for masters of mobile offshore drilling units

‘A license as master of a mobile offshore drilling unit may be issued only to an applicant who has been issued a license as master under section 7101(c)(1) and has demonstrated the knowledge, understanding, proficiency, and sea service for all industrial business or functions of a mobile offshore drilling unit.’.

(2) CONFORMING AMENDMENT- Section 7109 of such title, as so redesignated, is amended by striking ‘section 7106 or 7107’ and inserting ‘section 7107 or 7108’.

(3) CLERICAL AMENDMENT- The analysis at the beginning of such chapter is amended by striking the items relating to sections 7104 through 7114 and inserting the following:

‘7104. Licenses for masters of mobile offshore drilling units.

‘7105. Certificates for medical doctors and nurses.

‘7106. Oaths.

‘7107. Duration of licenses.

‘7108. Duration of certificates of registry.

‘7109. Termination of licenses and certificates of registry.

‘7110. Review of criminal records.

‘7111. Exhibiting licenses.

‘7112. Oral examinations for licenses.

‘7113. Licenses of masters or mates as pilots.

‘7114. Exemption from draft.

‘7115. Fees.’.

(b) Requirement for Certificate of Inspection- Section 8101(a)(2) of title 46, United States Code, is amended by inserting before the semicolon the following: ‘and shall at all times be under the command of a master licensed under section 7104’.

(c) Effective Date- The amendments made by this section shall take effect 6 months after the date of enactment of this Act.

SEC. 713. SINGLE-HULL TANKERS.

(a) Application of Tank Vessel Construction Standards- Section 3703a(b) of title 46, United States Code, is amended by striking paragraph (3), and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively.

(b) Effective Date- The amendment made by subsection (a) takes effect on January 1, 2011.

SEC. 714. REPEAL OF RESPONSE PLAN WAIVER.

Section 311(j)(5)(G) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)(G)) is amended–

(1) by striking ‘a tank vessel, nontank vessel, offshore facility, or onshore facility’ and inserting ‘a nontank vessel’;

(2) by striking ‘tank vessel, nontank vessel, or facility’ and inserting ‘nontank vessel’; and

(3) by adding at the end the following: ‘A mobile offshore drilling unit, as such term is defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701), is not eligible to operate without a response plan approved under this section.’.

SEC. 715. NATIONAL CONTINGENCY PLAN.

(a) Guidelines for Containment Booms- Section 311(d)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)(2)) is amended by adding at the end the following:

‘(N) Guidelines regarding the use of containment booms to contain a discharge of oil or a hazardous substance, including identification of quantities of containment booms likely to be needed, available sources of containment booms, and best practices for containment boom placement, monitoring, and maintenance.’.

(b) Schedule, Criteria, and Fees- Section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended by adding at the end the following:

‘(5) SCHEDULE FOR USE OF DISPERSANTS, OTHER CHEMICALS, AND OTHER SPILL MITIGATING DEVICES AND SUBSTANCES-

‘(A) RULEMAKING- Not later than 2 years after the date of enactment of this paragraph, the President, acting through the Administrator, after providing notice and an opportunity for public comment, shall issue a revised regulation for the development of the schedule for the use of dispersants, other chemicals, and other spill mitigating devices and substances developed under paragraph (2)(G) in a manner that is consistent with the requirements of this paragraph and shall modify the existing schedule to take into account the requirements of the revised regulation.

‘(B) SCHEDULE LISTING REQUIREMENTS- In issuing the regulation under subparagraph (A), the Administrator shall–

‘(i) with respect to dispersants, other chemicals, and other spill mitigating substances included or proposed to be included on the schedule under paragraph (2)(G)–

‘(I) establish minimum toxicity and efficacy testing criteria, taking into account the results of the study carried out under subparagraph (D);

‘(II) provide for testing or other verification (independent from the information provided by an applicant seeking the inclusion of such dispersant, chemical, or substance on the schedule) related to the toxicity and effectiveness of such dispersant, chemical, or substance;

‘(III) establish a framework for the application of any such dispersant, chemical, or substance, including–

‘(aa) application conditions;

‘(bb) the quantity thresholds for which approval by the Administrator is required;

‘(cc) the criteria to be used to develop the appropriate maximum quantity of any such dispersant, chemical, or substance that the Administrator determines may be used, both on a daily and cumulative basis; and

‘(dd) a ranking, by geographic area, of any such dispersant, chemical, or substance based on a combination of its effectiveness for each type of oil and its level of toxicity;

‘(IV) establish a requirement that the volume of oil or hazardous substance discharged, and the volume and location of any such dispersant, chemical, or substance used, be measured and made publicly available, including on the Internet;

‘(V) require the public disclosure of all ingredients, including the chemical and common name of such ingredients, contained in any such dispersant, chemical, or substance; and

‘(VI) in addition to existing authority, expressly provide a mechanism for the delisting of any such dispersant, chemical, or substance that the Administrator determines poses a significant risk or impact to water quality, the environment, or any other factor the Administrator determines appropriate;

‘(ii) with respect to a dispersant, other chemical, and other spill mitigating substance not specifically identified on the schedule, and prior to the use of such dispersant, chemical, or substance in accordance with paragraph (2)(G)–

‘(I) establish the minimum toxicity and efficacy levels for such dispersant, chemical, or substance;

‘(II) require the public disclosure of all ingredients, including the chemical and common name of such ingredients, contained in any such dispersant, chemical, or substance; and

‘(III) require the provision of such additional information as the Administrator determines necessary; and

‘(iii) with respect to other spill mitigating devices included or proposed to be included on the schedule under paragraph (2)(G)–

‘(I) require the manufacturer of such device to carry out a study of the risks and effectiveness of the device according to guidelines developed and published by the Administrator; and

‘(II) in addition to existing authority, expressly provide a mechanism for the delisting of any such device based on any information made available to the Administrator that demonstrates that such device poses a significant risk or impact to water quality, the environment, or any other factor the Administrator determines appropriate.

‘(C) DELISTING- In carrying out subparagraphs (B)(i)(VI) and (B)(iii)(II), the Administrator, after posting a notice in the Federal Register and providing an opportunity for public comment, shall initiate a formal review of the potential risks and impacts associated with a dispersant, chemical, substance, or device prior to delisting the dispersant, chemical, substance, or device.

‘(D) STUDY-

‘(i) IN GENERAL- Not later than 3 months after the date of enactment of this paragraph, the Administrator shall initiate a study of the potential risks and impacts to water quality, the environment, or any other factor the Administrator determines appropriate, including acute and chronic risks, from the use of dispersants, other chemicals, and other spill mitigating substances, if any, that may be used to carry out the National Contingency Plan, including an assessment of such risks and impacts–

‘(I) on a representative sample of biota and types of oil from locations where such dispersants, chemicals, or substances may potentially be used; and

‘(II) that result from any by-products created from the use of such dispersants, chemicals, or substances.

‘(ii) INFORMATION FROM MANUFACTURERS-

‘(I) IN GENERAL- In conjunction with the study authorized by clause (i), the Administrator shall determine the requirements for manufacturers of dispersants, chemicals, or substances to evaluate the potential risks and impacts to water quality, the environment, or any other factor the Administrator determines appropriate, including acute and chronic risks, associated with the use of the dispersants, chemicals, or substances and any byproducts generated by such use and to provide the details of such evaluation as a condition for listing on the schedule, or approving for use under this section, according to guidelines developed and published by the Administrator.

‘(II) MINIMUM REQUIREMENTS FOR EVALUATION- In carrying out this clause, the Administrator shall require a manufacturer to include–

‘(aa) information on the oils and locations where such dispersants, chemicals, or substances may potentially be used; and

‘(bb) if appropriate, an assessment of application and impacts from subsea use of the dispersant, chemical, or substance, including the potential long term effects of such use on water quality and the environment.

‘(E) PERIODIC REVISIONS-

‘(i) IN GENERAL- Not later than 5 years after the date of the issuance of the regulation under this paragraph, and on an ongoing basis thereafter (and at least once every 5 years), the Administrator shall review the schedule for the use of dispersants, other chemicals, and other spill mitigating devices and substances that may be used to carry out the National Contingency Plan and update or revise the schedule, as necessary, to ensure the protection of water quality, the environment, and any other factor the Administrator determines appropriate.

‘(ii) EFFECTIVENESS- The Administrator shall ensure, to the maximum extent practicable, that each update or revision to the schedule increases the minimum effectiveness value necessary for listing a dispersant, other chemical, or other spill mitigating device or substance on the schedule.

‘(F) APPROVAL OF USE AND APPLICATION OF DISPERSANTS-

‘(i) IN GENERAL- In issuing the regulation under subparagraph (A), the Administrator shall require the approval of the Federal On-Scene Coordinator, in coordination with the Administrator, for all uses of a dispersant, other chemical, or other spill mitigating substance in any removal action, including–

‘(I) any such dispersant, chemical, or substance that is included on the schedule developed pursuant to this subsection; or

‘(II) any dispersant, chemical, or other substance that is included as part an approved area contingency plan or response plan developed under this section.

‘(ii) REPEAL- Any part of section 300.910 of title 40, Code of Federal Regulations, that is inconsistent with this paragraph is hereby repealed.

‘(G) TOXICITY DEFINITION- In this section, the term ‘toxicity’ is used in reference to the potential impacts of a dispersant, substance, or device on water quality or the environment.

‘(6) REVIEW OF AND DEVELOPMENT OF CRITERIA FOR EVALUATING RESPONSE PLANS-

‘(A) REVIEW- Not later than 6 months after the date of enactment of this paragraph, the President shall review the procedures and standards developed under paragraph (2)(J) to determine their sufficiency in ceasing and removing a worst case discharge of oil or hazardous substances, and for mitigating or preventing a substantial threat of such a discharge.

‘(B) RULEMAKING- Not later than 2 years after the date of enactment of this paragraph, the President, after providing notice and an opportunity for public comment, shall issue a final rule to–

‘(i) revise the procedures and standards for ceasing and removing a worst case discharge of oil or hazardous substances, and for mitigating or preventing a substantial threat of such a discharge; and

‘(ii) develop a metric for evaluating the National Contingency Plan, Area Contingency Plans, and tank vessel, nontank vessel, and facility response plans consistent with the procedures and standards developed pursuant to this paragraph.

‘(7) FEES-

‘(A) GENERAL AUTHORITY AND FEES- Subject to subparagraph (B), the Administrator shall establish a schedule of fees to be collected from the manufacturer of a dispersant, chemical, or spill mitigating substance or device to offset the costs of the Administrator associated with evaluating the use of the dispersant, chemical, substance, or device in accordance with this subsection and listing the dispersant, chemical, substance, or device on the schedule under paragraph (2)(G).

‘(B) LIMITATION ON COLLECTION- No fee may be collected under this subsection unless the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act.

‘(C) FEES CREDITED AS OFFSETTING COLLECTIONS-

‘(i) IN GENERAL- Notwithstanding section 3302 of title 31, United States Code, any fee authorized to be collected under this paragraph shall–

‘(I) be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;

‘(II) be available for expenditure only to pay the costs of activities and services for which the fee is imposed, including all costs associated with collecting such fees; and

‘(III) remain available until expended.

‘(ii) CONTINUING APPROPRIATIONS- The Administrator may continue to assess, collect, and spend fees established under this section during any period in which the funding for the Environmental Protection Agency is provided under an Act providing continuing appropriations in lieu of the Administration’s regular appropriations.

‘(iii) ADJUSTMENTS- The Administrator shall adjust the fees established by subparagraph (A) periodically to ensure that each of the fees required by subparagraph (A) is reasonably related to the Administration’s costs, as determined by the Administrator, of performing the activity for which the fee is imposed.’.

(c) Temporary Moratorium on Approval of Use of Dispersants-

(1) IN GENERAL- Subject to paragraph (2), the Administrator of the Environmental Protection Agency may not approve the use of a dispersant under section 311(d) of the Oil Pollution Act of 1990 (33 U.S.C. 1321(d)), and shall withdraw any approval of such use made before the date of enactment of this Act, until the date on which the rulemaking and study required by subparagraphs (A) and (D) of section 311(d)(5) of such Act (as added by subsection (b) of this section) are complete.

(2) CONDITIONAL APPROVAL- The Administrator may approve the use of a dispersant under section 311(d) of such Act (33 U.S.C. 1321(d)) for the period of time before the date on which the rulemaking and study required by subparagraphs (A) and (D) of section 311(d)(5) of such Act (as added by subsection (b) of this section) are complete if the Administrator determines that such use will not have a negative impact on water quality, the environment, or any other factor the Administrator determines appropriate.

(3) INFORMATION- In approving the use of a dispersant under paragraph (2), the Administrator may require the manufacturer of the dispersant to provide such information as the Administrator determines necessary to satisfy the requirements of that paragraph.

(d) Inclusion of Containment Booms in Area Contingency Plans- Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by striking ‘(including firefighting equipment)’ and inserting ‘(including firefighting equipment and containment booms)’.

SEC. 716. TRACKING DATABASE.

Section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)) is amended by adding at the end the following:

‘(13) TRACKING DATABASE-

‘(A) IN GENERAL- The President shall create a database to track all discharges of oil or hazardous substances–

‘(i) into the waters of the United States, onto adjoining shorelines, or into or upon the waters of the contiguous zone;

‘(ii) in connection with activities under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); or

‘(iii) which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.)).

‘(B) REQUIREMENTS- The database shall–

‘(i) include–

‘(I) the name of the vessel or facility;

‘(II) the name of the owner, operator, or person in charge of the vessel or facility;

‘(III) the date of the discharge;

‘(IV) the volume of the discharge;

‘(V) the location of the discharge, including an identification of any receiving waters that are or could be affected by the discharge;

‘(VI) the type, volume, and location of the use of any dispersant, other chemical, or other spill mitigating substance used in any removal action;

‘(VII) a record of any determination of a violation of this section or liability under section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702);

‘(VIII) a record of any enforcement action taken against the owner, operator, or person in charge; and

‘(IX) any additional information that the President determines necessary;

‘(ii) use data provided by the Environmental Protection Agency, the Coast Guard, and other appropriate Federal agencies;

‘(iii) use data protocols developed and managed by the Environmental Protection Agency; and

‘(iv) be publicly accessible, including by electronic means.’.

SEC. 717. EVALUATION AND APPROVAL OF RESPONSE PLANS; MAXIMUM PENALTIES.

(a) Agency Review of Response Plans-

(1) LEAD FEDERAL AGENCY FOR REVIEW OF RESPONSE PLANS- Section 311(j)(5)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)(A)) is amended by adding at the end the following:

‘(iii) In issuing the regulations under this paragraph, the President shall ensure that–

‘(I) the owner, operator, or person in charge of a tank vessel, nontank vessel, or offshore facility described in subparagraph (C) will not be considered to have complied with this paragraph until the owner, operator, or person in charge submits a plan under clause (i) or (ii), as appropriate, to the Secretary of the department in which the Coast Guard is operating, the Secretary of the Interior, or the Administrator, with respect to such offshore facilities as the President may designate, and the Secretary or Administrator, as appropriate, determines and notifies the owner, operator, or person in charge that the plan, if implemented, will provide an adequate response to a worst case discharge of oil or a hazardous substance or a substantial threat of such a discharge; and

‘(II) the owner, operator, or person in charge of an onshore facility described in subparagraph (C)(iv) will not be considered to have complied with this paragraph until the owner, operator, or person in charge submits a plan under clause (i) either to the Secretary of Transportation, with respect to transportation-related onshore facilities, or the Administrator, with respect to all other onshore facilities, and the Secretary or Administrator, as appropriate, determines and notifies the owner, operator, or person in charge that the plan, if implemented, will provide an adequate response to a worst-case discharge of oil or a hazardous substance or a substantial threat of such a discharge.

‘(iv)(I) The Secretary of the department in which the Coast Guard is operating, the Secretary of the Interior, the Secretary of Transportation, or the Administrator, as appropriate, shall require that a plan submitted to the Secretary or Administrator for a vessel or facility under clause (iii)(I) or (iii)(II) by an owner, operator, or person in charge–

‘(aa) contain a probabilistic risk analysis for all critical engineered systems of the vessel or facility; and

‘(bb) adequately address all risks identified in the risk analysis.

‘(II) The Secretary or Administrator, as appropriate, shall require that a risk analysis developed under subclause (I) include, at a minimum, the following:

‘(aa) An analysis of human factors risks, including both organizational and management failure risks.

‘(bb) An analysis of technical failure risks, including both component technologies and integrated systems risks.

‘(cc) An analysis of interactions between humans and critical engineered systems.

‘(dd) Quantification of the likelihood of modes of failure and potential consequences.

‘(ee) A description of methods for reducing known risks.

‘(III) The Secretary or Administrator, as appropriate, shall require an owner, operator, or person in charge that develops a risk analysis under subclause (I) to make the risk analysis available to the public.’.

(2) REVIEW AND APPROVAL OF RESPONSE PLANS- Section 311(j)(5)(E) of such Act (33 U.S.C. 1321(j)(5)(E)) is amended to read as follows:

‘(E) With respect to any response plan submitted under this paragraph for an onshore facility that, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted under this paragraph for a tank vessel, nontank vessel, or offshore facility, the President shall–

‘(i) promptly review the response plan;

‘(ii) verify that the response plan complies with subparagraph (A)(iv), relating to risk analyses;

‘(iii) with respect to a plan for an offshore or onshore facility or a tank vessel that carries liquefied natural gas, provide an opportunity for public notice and comment on the response plan;

‘(iv) taking into consideration any public comments received and other appropriate factors, as determined by the President, require revisions to the response plan;

‘(v) approve, approve with revisions, or disapprove the response plan;

‘(vi) review the response plan periodically thereafter, and if applicable requirements are not met, acting through the head of the appropriate Federal department or agency–

‘(I) issue administrative orders directing the owner, operator, or person in charge to comply with the response plan or any regulation issued under this section; or

‘(II) assess civil penalties or conduct other appropriate enforcement actions in accordance with subsections (b)(6), (b)(7), and (b)(8) for failure to develop, submit, receive approval of, adhere to, or maintain the capability to implement the response plan, or failure to comply with any other requirement of this section;

‘(vii) acting through the head of the appropriate Federal department or agency, conduct, at a minimum, biennial inspections of the tank vessel, nontank vessel, or facility to ensure compliance with the response plan or identify deficiencies in such plan;

‘(viii) acting through the head of the appropriate Federal department or agency, make the response plan available to the public, including on the Internet; and

‘(ix) in the case of a plan for a nontank vessel, consider any applicable State-mandated response plan in effect on the date of enactment of the Coast Guard and Maritime Transportation Act of 2004 and ensure consistency to the extent practicable.’.

(3) BIENNIAL REPORT- Section 311(j)(5) of such Act (33 U.S.C. 1321(j)(5)) is amended by adding at the end the following:

‘(J) Not later than 2 years after the date of enactment of this subparagraph, and biennially thereafter, the President, acting through the Administrator, the Secretary of the department in which the Coast Guard is operating, and the Secretary of Transportation, shall submit to Congress a report containing the following information for each owner, operator, or person in charge that submitted a response plan for a tank vessel, nontank vessel, or facility under this paragraph:

‘(i) The number of response plans approved, disapproved, or approved with revisions under subparagraph (E) annually for tank vessels, nontank vessels, and facilities of the owner, operator, or person in charge.

‘(ii) The number of inspections conducted under subparagraph (E) annually for tank vessels, nontank vessels, and facilities of the owner, operator, or person in charge.

‘(iii) A summary of each administrative or enforcement action concluded with respect each tank vessel, nontank vessel, and facility of the owner, operator, or person in charge, including a description of the violation, the date of violation, the amount of each penalty proposed, and the final assessment of each penalty and an explanation for any reduction in a penalty.’.

(4) ADMINISTRATIVE PROVISIONS FOR FACILITIES- Section 311(m)(2) of such Act (33 U.S.C. 1321(m)(2)) is amended in each of subparagraphs (A) and (B) by inserting ‘, the Secretary of Transportation,’ before ‘or the Secretary of the department in which the Coast Guard is operating’.

(b) Penalties-

(1) ADMINISTRATIVE PENALTIES-

(A) AUTHORITY OF SECRETARY OF TRANSPORTATION TO ASSESS PENALTIES- Section 311(b)(6)(A) of such Act (33 U.S.C. 1321(b)(6)(A)) is amended by inserting ‘, the Secretary of Transportation,’ before ‘or the Administrator’.

(B) ADMINISTRATIVE PENALTIES FOR FAILURE TO PROVIDE NOTICE- Section 311(b)(6)(A) of such Act (33 U.S.C. 1321(b)(6)(A)) is further amended–

(i) in clause (i) by striking ‘paragraph (3), or’ and inserting ‘paragraph (3),’;

(ii) in clause (ii) by striking ‘any regulation issued under subsection (j)’ and inserting ‘any order or action required by the President under subsection (c) or (e) or any regulation issued under subsection (d) or (j)’;

(iii) by redesignating clause (ii) as clause (iii);

(iv) by inserting after clause (i) the following:

‘(ii) who fails to provide notice to the appropriate Federal agency pursuant to paragraph (5), or’; and

(v) by adding at the end the following: ‘Whenever the President delegates the authority to issue regulations under subsection (j), the head of the agency who issues regulations pursuant to that authority shall have the authority to assess a civil penalty in accordance with this section for violations of such regulations.’.

(C) PENALTY AMOUNTS- Section 311(b)(6)(B) of such Act (33 U.S.C. 1321(b)(6)(B)) is amended–

(i) in clause (i)–

(I) by striking ‘$10,000’ and inserting ‘$100,000’; and

(II) by striking ‘$25,000’ and inserting ‘$250,000’; and

(ii) in clause (ii)–

(I) by striking ‘$10,000’ and inserting ‘$100,000’; and

(II) by striking ‘$125,000’ and inserting ‘$1,000,000’.

(2) CIVIL PENALTIES- Section 311(b)(7) of such Act (33 U.S.C. 1321(b)(7)) is amended–

(A) in subparagraph (A)–

(i) by striking ‘$25,000’ and inserting ‘$100,000’; and

(ii) by striking ‘$1,000’ and inserting ‘$2,500’;

(B) in subparagraph (B)–

(i) by striking ‘described in subparagraph (A)’;

(ii) in clause (i) by striking ‘carry out removal of the discharge under an order of the President pursuant to subsection (c); or’ and inserting ‘comply with any order or action required by the President pursuant to subsection (c),’;

(iii) in clause (ii) by striking ‘(1)(B)’;

(iv) by redesignating clause (ii) as clause (iii);

(v) by inserting after clause (i) the following:

‘(ii) fails to provide notice to the appropriate Federal agency pursuant to paragraph (5), or’; and

(vi) by striking ‘$25,000’ and inserting ‘$100,000’;

(C) in subparagraph (C)–

(i) by striking ‘(j)’ and inserting ‘(d) or (j)’;

(ii) by striking ‘$25,000’ and inserting ‘$100,000’; and

(iii) by adding at the end the following: ‘Whenever the President delegates the authority to issue regulations under subsection (j), the head of the agency who issues regulations pursuant to that authority shall have the authority to seek injunctive relief or assess a civil penalty in accordance with this section for violations of such regulations and the authority to refer the matter to the Attorney General for action under subparagraph (E).’;

(D) in subparagraph (D)–

(i) by striking ‘$100,000’ and inserting ‘$300,000’; and

(ii) by striking ‘$3,000’ and inserting ‘$7,500’; and

(E) in subparagraph (E) by adding at the end the following: ‘The court may award appropriate relief, including a temporary or permanent injunction, civil penalties, and punitive damages.’.

(3) APPLICABILITY- The amendments made by this subsection apply to–

(A) any claim arising from an event occurring after the date of enactment of this Act; and

(B) any claim arising from an event occurring before such date of enactment, if the claim is brought within the limitations period applicable to the claim.

(c) Clarification of Federal Removal Authority- Section 311(c)(1)(B)(ii) of such Act (33 U.S.C. 1321(c)(1)(B)(ii)) is amended by striking ‘direct’ and inserting ‘direct, including through the use of an administrative order,’.

SEC. 718. OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES.

Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the following:

‘(9) OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES- The President, acting through the Secretary of the department in which the Coast Guard is operating, shall–

‘(A) in coordination with the Secretary of the Interior and the heads of other appropriate Federal agencies, establish a process for–

‘(i) quickly and effectively soliciting, assessing, and deploying offshore oil and hazardous substance cleanup technologies in the event of a discharge or substantial threat of a discharge of oil or a hazardous substance; and

‘(ii) effectively coordinating with other appropriate agencies, industry, academia, small businesses, and others to ensure the best technology available is implemented in the event of such a discharge or threat; and

‘(B) in coordination with the Secretary of the Interior and the heads of other appropriate Federal agencies, maintain a database on best available oil and hazardous substance cleanup technologies in the event of a discharge or substantial threat of a discharge of oil or a hazardous substance.’.

SEC. 719. IMPLEMENTATION OF OIL SPILL PREVENTION AND RESPONSE AUTHORITIES.

Section 311(l) of the Federal Water Pollution Control Act (33 U.S.C. 1321(l)) is amended–

(1) by striking ‘(l) The President’ and inserting the following:

‘(l) Delegation and Implementation-

‘(1) DELEGATION- The President’; and

(2) by adding at the end the following:

‘(2) ENVIRONMENTAL PROTECTION AGENCY-

‘(A) IN GENERAL- The President shall delegate the responsibilities under subparagraph (B) to the Administrator.

‘(B) RESPONSIBILITIES- With respect to onshore facilities (other than transportation-related facilities) and such offshore facilities as the President may designate, the Administrator shall ensure that Environmental Protection Agency personnel develop and maintain operational capability–

‘(i) for effective inspection, monitoring, prevention, preparedness, and response authorities related to the discharge or substantial threat of a discharge of oil or a hazardous substance;

‘(ii) to protect water quality and the environment from impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance; and

‘(iii) to review and approve of, disapprove of, or require revisions (if necessary) to facility response plans and to carry out all other responsibilities under subsection (j)(5)(E).

‘(3) COAST GUARD-

‘(A) IN GENERAL- The President shall delegate the responsibilities under subparagraph (B) to the Secretary of the department in which the Coast Guard is operating.

‘(B) RESPONSIBILITIES- The Secretary shall ensure that Coast Guard personnel develop and maintain operational capability–

‘(i) to establish and enforce regulations and standards for procedures, methods, equipment, and other requirements to prevent and to contain a discharge of oil or a hazardous substance from a tank vessel or nontank vessel or such an offshore facility as the President may designate;

‘(ii) to establish and enforce regulations, and to carry out all other responsibilities, under subsection (j)(5) with respect to such vessels and offshore facilities as the President may designate; and

‘(iii) to protect the environment and natural resources from impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance from such vessels and offshore facilities as the President may designate.

‘(C) ROLE AS FIRST RESPONDER-

‘(i) IN GENERAL- The responsibilities delegated to the Secretary under subparagraph (B) shall be sufficient to allow the Coast Guard to act as a first responder to a discharge or substantial threat of a discharge of oil or a hazardous substance from a tank vessel, nontank vessel, or offshore facility.

‘(ii) CAPABILITIES- The President shall ensure that the Coast Guard has sufficient personnel and resources to act as a first responder as described in clause (i), including the resources necessary for on-going training of personnel, acquisition of equipment (including containment booms, dispersants, and skimmers), and prepositioning of equipment.

‘(D) CONTRACTS- The Secretary may enter into contracts with private and nonprofit organizations for personnel and equipment in carrying out the responsibilities delegated to the Secretary under subparagraph (B).

‘(4) DEPARTMENT OF TRANSPORTATION-

‘(A) IN GENERAL- The President shall delegate the responsibilities under subparagraph (B) to the Secretary of Transportation.

‘(B) RESPONSIBILITIES- The Secretary of Transportation shall–

‘(i) establish and enforce regulations and standards for procedures, methods, equipment, and other requirements to prevent and to contain discharges of oil and hazardous substances from transportation-related onshore facilities;

‘(ii) have the authority to review and approve of, disapprove of, or require revisions (if necessary) to transportation-related onshore facility response plans and to carry out all other responsibilities under subsection (j)(5)(E); and

‘(iii) ensure that Department of Transportation personnel develop and maintain operational capability–

‘(I) for effective inspection, monitoring, prevention, preparedness, and response authorities related to the discharge or substantial threat of a discharge of oil or a hazardous substance from a transportation-related onshore facility; and

‘(II) to protect the environment and natural resources from the impacts of a discharge or substantial threat of a discharge of oil or a hazardous substance from a transportation-related onshore facility.

‘(5) DEPARTMENT OF THE INTERIOR-

‘(A) IN GENERAL- The President shall delegate the responsibilities under subparagraph (B) to the Secretary of the Interior.

‘(B) RESPONSIBILITIES- The Secretary of the Interior shall–

‘(i) establish and enforce regulations and standards for procedures, methods, equipment, and other requirements to prevent and to contain discharges of oil and hazardous substances from such offshore facilities as the President may designate;

‘(ii) establish and enforce regulations to carry out all other responsibilities under subsection (j)(5) for such offshore facilities as the President may designate;

‘(iii) have the authority to review and approve of, disapprove of, or require revisions (if necessary) to offshore facility response plans under subsection (j)(5) for such offshore facilities as the President may designate; and

‘(iv) ensure that Department of the Interior personnel develop and maintain operational capability for effective inspection, monitoring, prevention, and preparedness authorities related to the discharge or a substantial threat of a discharge of oil or hazardous material from such offshore facilities as the President may designate.’.

SEC. 720. IMPACTS TO INDIAN TRIBES AND PUBLIC SERVICE DAMAGES.

(a) In General- Section 1002(b)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2702(b)(2)) is amended–

(1) in subparagraph (D) by striking ‘or a political subdivision thereof’ and inserting ‘a political subdivision of a State, or an Indian tribe’; and

(2) in subparagraph (F) by striking ‘by a State’ and all that follows before the period and inserting ‘the United States, a State, a political subdivision of a State, or an Indian tribe’.

(b) Applicability- The amendments made by this section apply to–

(1) any claim arising from an event occurring after the date of enactment of this Act; and

(2) any claim arising from an event occurring before such date of enactment, if the claim is brought within the limitations period applicable to the claim.

SEC. 721. FEDERAL ENFORCEMENT ACTIONS.

Section 309(g)(6)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1319(g)(6)(A)) is amended by striking ‘or section 311(b)’.

SEC. 722. TIME REQUIRED BEFORE ELECTING TO PROCEED WITH JUDICIAL CLAIM OR AGAINST THE FUND.

Paragraph (2) of section 1013(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2713(c)) is amended by striking ‘90’ and inserting ‘45’.

SEC. 723. AUTHORIZED LEVEL OF COAST GUARD PERSONNEL.

The authorized end-of-year strength for active duty personnel of the Coast Guard for fiscal year 2011 is hereby increased by 300 personnel, above any other level authorized by law, for implementing the activities of the Coast Guard under this title, including the amendments made by this title.

SEC. 724. CLARIFICATION OF MEMORANDUMS OF UNDERSTANDING.

Not later than September 30, 2011, the President (acting through the head of the appropriate Federal department or agency) shall implement or revise, as appropriate, memorandums of understanding to clarify the roles and jurisdictional responsibilities of the Environmental Protection Agency, the Coast Guard, the Department of the Interior, the Department of Transportation, and other Federal agencies relating to the prevention of oil discharges from tank vessels, nontank vessels, and facilities subject to the Oil Pollution Act of 1990.

SEC. 725. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES.

(a) In General- Title VI of the Oil Pollution Act of 1990 (33 U.S.C. 2751 et seq.) is amended by adding at the end the following:

‘SEC. 6005. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES.

‘(a) Build America Requirement- Except as provided by subsection (b), a person may not use an offshore facility to engage in support of exploration, development, or production of oil or natural gas in, on, above, or below the exclusive economic zone unless the facility was built in the United States, including construction of any major component of the hull or superstructure of the facility.

‘(b) Waiver Authority- A person seeking to charter an offshore facility in the exclusive economic zone may seek a waiver of subsection (a). The Secretary may waive subsection (a) if the Secretary, in consultation with the Secretary of the Interior and the Secretary of Transportation, finds that–

‘(1) the offshore facility was built in a foreign country and is under contract, on the date of enactment of this section, in support of exploration, development, or production of oil or natural gas in, on, above, or below the exclusive economic zone;

‘(2) an offshore facility built in the United States is not available within a reasonable period of time, as defined in subsection (e), or of sufficient quality to perform drilling operations required under a contract; or

‘(3) an emergency requires the use of an offshore facility built in a foreign country.

‘(c) Written Justification and Public Notice of Nonavailability Waiver- When issuing a waiver based on a determination under subsection (b)(2), the Secretary shall issue a detailed written justification as to why the waiver meets the requirement of such subsection. The Secretary shall publish the justification in the Federal Register and provide the public with 45 days for notice and comment.

‘(d) Final Decision- The Secretary shall approve or deny any waiver request submitted under subsection (b) not later than 90 days after the date of receipt of the request.

‘(e) Reasonable Period of Time Defined- For purposes of subsection (b)(2), the term ‘reasonable period of time’ means the time needed for a person seeking to charter an offshore facility in the exclusive economic zone to meet the requirements in the primary term of the person’s lease.’.

(b) Clerical Amendment- The table of contents contained in section 2 of such Act is amended by inserting after the item relating to section 6004 the following:

‘Sec. 6005. Build America requirement for offshore facilities.’.

SEC. 726. OIL SPILL RESPONSE VESSEL DATABASE.

(a) Requirement- Not later than 90 days after the date of enactment of this Act, the Commandant of the Coast Guard shall complete an inventory of all vessels operating in the waters of the United States that are capable of meeting oil spill response needs designated in the National Contingency Plan authorized by section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)).

(b) Categorization- The inventory required under subsection (a) shall categorize such vessels by capabilities, type, function, and location.

(c) Maintenance of Database- The Commandant shall maintain a database containing the results of the inventory required under subsection (a) and update the information in the database on no less than a quarterly basis.

(d) Availability- The Commandant may make information regarding the location and capabilities of oil spill response vessels available to a Federal On-Scene Coordinator designated under section 311 of such Act (33 U.S.C. 1321) to assist in the response to an oil spill or other incident in the waters of the United States.

SEC. 727. OFFSHORE SENSING AND MONITORING SYSTEMS.

(a) Requirement- Subtitle A of title IV of the Oil Pollution Act of 1990 is amended by adding at the end the following new section:

‘SEC. 4119. OFFSHORE SENSING AND MONITORING SYSTEMS.

‘(a) In General- The equipment required to be available under section 311(j)(5)(D)(iii) of the Federal Water Pollution Control Act for facilities listed in section 311(j)(5)(C)(iii) of such Act and located in more than 500 feet of water includes sensing and monitoring systems that meet the requirements of this section.

‘(b) Systems Requirements- Sensing and monitoring systems required under subsection (a) shall–

‘(1) use an integrated, modular, expandable, multi-sensor, open-architecture design and technology with interoperable capability;

‘(2) be capable of–

‘(A) operating for at least 25 years;

‘(B) real-time physical, biological, geological, and environmental monitoring;

‘(C) providing alerts in the event of anomalous circumstances;

‘(D) providing docking bases to accommodate spatial sensors for remote inspection and monitoring; and

‘(E) collecting chemical boundary condition data for drift and flow modeling; and

‘(3) include–

‘(A) an uninterruptible power source;

‘(B) a spatial sensor;

‘(C) secure Internet access to real-time physical, biological, geological, and environmental monitoring data gathered by the system sensors; and

‘(D) a process by which such observation data and information will be made available to Federal Regulators and to the system established under section 12304 of Public Law 111-11 (33 U.S.C. 3603).’.

(b) Request for Information- Within 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a request for information to determine the most capable and efficient domestic systems that meet the requirements under section 4119 of the Oil Pollution Act of 1990, as amended by this section.

(c) Implementing Regulations- Within 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue regulations to implement section 4119 of the Oil Pollution Act of 1990 as amended by this section.

(d) Clerical Amendment- The table of contents in section 2 of the Oil Pollution Act of 1990 is amended by adding at the end of the items relating to such subtitle the following new item:

‘Sec. 4119. Offshore sensing and monitoring systems.’.

SEC. 728. OIL AND GAS EXPLORATION AND PRODUCTION.

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended–

(1) by striking paragraph (24); and

(2) by redesignating paragraph (25) as paragraph (24).

SEC. 729. LEAVE RETENTION AUTHORITY.

(a) In General- Chapter 11 of title 14, United States Code, is amended by inserting after section 425 the following:

‘Sec. 426. Emergency leave retention authority

‘(a) In General- A duty assignment for an active duty member of the Coast Guard in support of a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to a spill of national significance shall be treated, for the purpose of section 701(f)(2) of title 10, as a duty assignment in support of a contingency operation.

‘(b) Definitions- In this section:

‘(1) SPILL OF NATIONAL SIGNIFICANCE- The term ‘spill of national significance’ means a discharge of oil or a hazardous substance that is declared by the Commandant to be a spill of national significance.

‘(2) DISCHARGE- The term ‘discharge’ has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).’.

(b) Clerical Amendment- The analysis for such chapter is amended by inserting after the item relating to section 425 the following:

‘426. Emergency leave retention authority.’.

SEC. 730. AUTHORIZATION OF APPROPRIATIONS.

(a) Coast Guard- In addition to amounts made available pursuant to section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)), there is authorized to be appropriated to the Secretary of the department in which the Coast Guard is operating from the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509) to carry out the purposes of this title and the amendments made by this title the following:

(1) For fiscal year 2011, $30,000,000.

(2) For each of fiscal years 2012 through 2015, $32,000,000.

(b) Environmental Protection Agency- In addition to amounts made available pursuant to section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712), there is authorized to be appropriated to the Administrator of the Environmental Protection Agency from the Oil Spill Liability Trust Fund to implement this title and the amendments made by this title $10,000,000 for each of fiscal years 2011 through 2015.

(c) Department of Transportation- In addition to amounts made available pursuant to section 60125 of title 49, United States Code, there is authorized to be appropriated to the Secretary of Transportation from the Oil Spill Liability Trust Fund to carry out the purposes of this title and the amendments made by this title the following:

(1) For each of fiscal years 2011 through 2013, $7,000,000.

(2) For each of fiscal years 2014 and 2015, $6,000,000.

SEC. 731. EXTENSION OF LIABILITY TO PERSONS HAVING OWNERSHIP INTERESTS IN RESPONSIBLE PARTIES.

(a) Definition of Responsible Party- Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)) is amended by adding at the end the following:

‘(G) PERSON HAVING OWNERSHIP INTEREST- Any person, other than an individual, having an ownership interest (directly or indirectly) in any entity described in any of subparagraphs (A) through (F) of more than 25 percent, in the aggregate, of the total ownership interests in such entity, if the assets of such entity are insufficient to pay the claims owed by such entity as a responsible party under this Act.’.

(b) Effective Date- The amendment made by this section shall apply to an incident occurring on or after January 1, 2010.

SEC. 732. CLARIFICATION OF LIABILITY UNDER OIL POLLUTION ACT OF 1990.

The Oil Pollution Act of 1990 is amended–

(1) in section 1013 (33 U.S.C. 2713), by inserting after subsection (d) the following:

‘(e) Limitation on Release of Liability- No release of liability in connection with compensation received by a claimant under this Act shall apply to liability for any tope of harm unless–

‘(1) the claimant presented a claim under subsection (a) with respect to such type of harm; and

‘(2) the claimant received compensation for such type of harm, from the responsible party or from guarantor of the source designated under section 1014(a), in connection with such release.’; and

(2) in section 1018 (33 U.S.C. 2718), by–

(A) striking ‘or’ at the end of paragraph (1);

(B) striking the period at the end of paragraph (2) and inserting ‘; and’; and

(C) inserting after paragraph (2) the following:

‘(3) with respect to a claim described in section 1013(e), affect, or be construed or interpreted to affect or modify in any way, the obligations or liabilities of any person under other Federal law.’.

SEC. 733. SALVAGE ACTIVITIES.

Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended–

(1) in subsection (a)(2)(D) by inserting ‘or salvage activities’ after ‘removal’; and

(2) in subsection (c)(4)(A) by inserting ‘or conducting salvage activities’ after ‘advice’.

SEC. 734. REQUIREMENT FOR REDUNDANCY IN RESPONSE PLANS.

(a) Requirement- Section 311(j)(5)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1331(j)(5)(D)) is amended by redesignating clauses (v) and (vi) as clauses (vii) and (viii), and by inserting after clause (iv) the following new clauses:

‘(v) include redundancies that specify response actions that will be taken if other response actions specified in the plan fail;

‘(vi) be vetted by impartial experts;’.

(b) Condition of Permit- The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following new section:

‘SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LICENSE AUTHORIZING DRILLING FOR OIL AND GAS.

‘The Secretary may not issue any license or permit authorizing drilling for oil and gas on the Outer Continental Shelf unless the applicant for the license or permit has a response plan approved under section 311(j)(5)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1331(j)(5)(D)) for the vessel or facility that will be used to conduct such drilling.’.

TITLE VIII–MISCELLANEOUS PROVISIONS

SEC. 801. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED ROYALTY RELIEF FOR THE OIL AND GAS INDUSTRY.

(a) Provisions Relating to Planning Areas Offshore Alaska- Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking ‘and in the Planning Areas offshore Alaska’ after ‘West longitude’.

(b) Provisions Relating to Naval Petroleum Reserve in Alaska- Section 107 of the Naval Petroleum Reserves Production Act of 1976 (as transferred, redesignated, moved, and amended by section 347 of the Energy Policy Act of 2005 (119 Stat. 704)) is amended–

(1) in subsection (i) by striking paragraphs (2) through (6); and

(2) by striking subsection (k).

SEC. 802. CONSERVATION FEE.

(a) Establishment- The Secretary shall, within 180 days after the date of enactment of this Act, issue regulations to establish an annual conservation fee for all oil and gas leases on Federal onshore and offshore lands.

(b) Amount- The amount of the fee shall be, for each barrel or barrel equivalent produced from land that is subject to a lease from which oil or natural gas is produced in a calendar year, $2 per barrel of oil and 20 cents per million BTU of natural gas in 2010 dollars.

(c) Assessment and Collection- The Secretary shall assess and collect the fee established under this section.

(d) Regulations- The Secretary may issue regulations to prevent evasion of the fee under this section.

(e) Sunset- This section and the fee established under this section shall expire on December 31, 2021.

SEC. 803. LEASING ON INDIAN LANDS.

Nothing in this Act modifies, amends, or affects leasing on Indian lands as currently carried out by the Bureau of Indian Affairs.

SEC. 804. OUTER CONTINENTAL SHELF STATE BOUNDARIES.

(a) General- Not later than 2 years after the date of enactment of this Act, the President, acting through the Secretary of the Interior, shall publish a final determination under section 4(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)) of the boundaries of coastal States projected seaward to the outer margin of the Outer Continental Shelf.

(b) Notice and Comment- In determining the projected boundaries specified in subsection (a), the Secretary shall comply with the notice and comment requirements under chapter 5 of title 5, United States Code.

(c) Savings Clause- The determination and publication of projected boundaries under subsection (a) shall not be construed to alter, limit, or modify the jurisdiction, control, or any other authority of the United States over the Outer Continental Shelf.

SEC. 805. LIABILITY FOR DAMAGES TO NATIONAL WILDLIFE REFUGES.

Section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following new subsection:

‘(p) Destruction or Loss of, or Injury to, Refuge Resources-

‘(1) LIABILITY-

‘(A) LIABILITY TO UNITED STATES- Any person who destroys, causes the loss of, or injures any refuge resource is liable to the United States for an amount equal to the sum of–

‘(i) the amount of the response costs and damages resulting from the destruction, loss, or injury; and

‘(ii) interest on that amount calculated in the manner described under section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705).

‘(B) LIABILITY IN REM- Any instrumentality, including a vessel, vehicle, aircraft, or other equipment, that destroys, causes the loss of, or injures any refuge resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury to the same extent as a person is liable under subparagraph (A).

‘(C) DEFENSES- A person is not liable under this paragraph if that person establishes that–

‘(i) the destruction or loss of, or injury to, the refuge resource was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care;

‘(ii) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or

‘(iii) the destruction, loss, or injury was negligible.

‘(D) LIMITS TO LIABILITY- Nothing in sections 30501 to 30512 or section 30706 of title 46, United States Code, shall limit the liability of any person under this section.

‘(2) RESPONSE ACTIONS- The Secretary may undertake or authorize all necessary actions to prevent or minimize the destruction or loss of, or injury to, refuge resources, or to minimize the imminent risk of such destruction, loss, or injury.

‘(3) CIVIL ACTIONS FOR RESPONSE COSTS AND DAMAGES-

‘(A) IN GENERAL- The Attorney General, upon request of the Secretary, may commence a civil action against any person or instrumentality who may be liable under paragraph (1) for response costs and damages. The Secretary, acting as trustee for refuge resources for the United States, shall submit a request for such an action to the Attorney General whenever a person may be liable for such costs or damages.

‘(B) JURISDICTION AND VENUE- An action under this subsection may be brought in the United States district court for any district in which–

‘(i) the defendant is located, resides, or is doing business, in the case of an action against a person;

‘(ii) the instrumentality is located, in the case of an action against an instrumentality; or

‘(iii) the destruction of, loss of, or injury to a refuge resource occurred.

‘(4) USE OF RECOVERED AMOUNTS- Response costs and damages recovered by the Secretary under this subsection shall be retained by the Secretary in the manner provided for in section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)) and used as follows:

‘(A) RESPONSE COSTS- Amounts recovered by the United States for costs of response actions and damage assessments under this subsection shall be used, as the Secretary considers appropriate–

‘(i) to reimburse the Secretary or any other Federal or State agency that conducted those activities; and

‘(ii) after reimbursement of such costs, to restore, replace, or acquire the equivalent of any refuge resource.

‘(B) OTHER AMOUNTS- All other amounts recovered shall be used, in order of priority–

‘(i) to restore, replace, or acquire the equivalent of the refuge resources that were the subject of the action, including the costs of monitoring the refuge resources;

‘(ii) to restore degraded refuge resources of the refuge that was the subject of the action, giving priority to refuge resources that are comparable to the refuge resources that were the subject of the action; and

‘(iii) to restore degraded refuge resources of other refuges.

‘(5) DEFINITIONS- In this subsection, the term–

‘(A) ‘damages’ includes–

‘(i) compensation for–

‘(I)(aa) the cost of replacing, restoring, or acquiring the equivalent of a refuge resource; and

‘(bb) the value of the lost use of a refuge resource pending its restoration or replacement or the acquisition of an equivalent refuge resource; or

‘(II) the value of a refuge resource if the refuge resource cannot be restored or replaced or if the equivalent of such resource cannot be acquired;

‘(ii) the cost of conducting damage assessments;

‘(iii) the reasonable cost of monitoring appropriate to the injured, restored, or replaced refuge resource; and

‘(iv) the cost of enforcement actions undertaken by the Secretary in response to the destruction or loss of, or injury to, a refuge resource;

‘(B) ‘response costs’ means the costs of actions taken or authorized by the Secretary to minimize destruction or loss of, or injury to, refuge resources, or to minimize the imminent risks of such destruction, loss, or injury, including costs related to seizure, forfeiture, storage, or disposal arising from liability, or to monitor ongoing effects of incidents causing such destruction, loss, or injury under this subsection; and

‘(C) ‘refuge resource’ means any living or nonliving resource of a refuge that contributes to the conservation, management, and restoration mission of the System, including living or nonliving resources of a marine national monument that may be managed as a unit of the System.’.

SEC. 806. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND RESPONSE.

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended adding at the end the following new section:

‘SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND PLANNING.

‘(a) Grants to States- The Secretary may make grants to eligible coastal States–

‘(1) to revise management programs approved under section 306 (16 U.S.C. 1455) to identify and implement new enforceable policies and procedures to ensure sufficient response capabilities at the State level to address the environmental, economic, and social impacts of oil spills or other accidents resulting from Outer Continental Shelf energy activities with the potential to affect any land or water use or natural resource of the coastal zone; and

‘(2) to review and revise where necessary applicable enforceable policies within approved State management programs affecting coastal energy activities and energy to ensure that these policies are consistent with–

‘(A) other emergency response plans and policies developed under Federal or State law; and

‘(B) new policies and procedures developed under paragraph (1); and

‘(3) after a State has adopted new or revised enforceable policies and procedures under paragraphs (1) and (2)–

‘(A) the State shall submit the policies and procedures to the Secretary; and

‘(B) the Secretary shall notify the State whether the Secretary approves or disapproves the incorporation of the policies and procedures into the State’s management program pursuant to section 306(e).

‘(b) Elements- New enforceable policies and procedures developed by coastal States with grants awarded under this section shall consider, but not be limited to–

‘(1) other existing emergency response plans, procedures and enforceable policies developed under other Federal or State law that affect the coastal zone;

‘(2) identification of critical infrastructure essential to facilitate spill or accident response activities;

‘(3) identification of coordination, logistics and communication networks between Federal and State government agencies, and between State agencies and affected local communities, to ensure the efficient and timely dissemination of data and other information;

‘(4) inventories of shore locations and infrastructure and equipment necessary to respond to oil spills or other accidents resulting from Outer Continental Shelf energy activities;

‘(5) identification and characterization of significant or sensitive marine ecosystems or other areas possessing important conservation, recreational, ecological, historic, or aesthetic values;

‘(6) inventories and surveys of shore locations and infrastructure capable of supporting alternative energy development; and

‘(7) other information or actions as may be necessary.

‘(c) Guidelines- The Secretary shall, within 180 days after the date of enactment of this section and after consultation with the coastal states, publish guidelines for the application for and use of grants under this section.

‘(d) Participation- A coastal state shall provide opportunity for public participation in developing new enforceable policies and procedures under this section pursuant to sections 306(d)(1) and 306(e), especially by relevant Federal agencies, other coastal state agencies, local governments, regional organizations, port authorities, and other interested parties and stakeholders, public and private, that are related to, or affected by Outer Continental Shelf energy activities.

‘(e) Annual Grants-

‘(1) IN GENERAL- For each of fiscal years 2011 through 2015, the Secretary may make a grant to a coastal state to develop new enforceable polices and procedures as required under this section.

‘(2) GRANT AMOUNTS AND LIMIT ON AWARDS- The amount of any grant to any one coastal State under this section shall not exceed $750,000 for any fiscal year. No coastal state may receive more than two grants under this section.

‘(3) NO STATE MATCHING CONTRIBUTION REQUIRED- As it is in the national interest to be able to respond efficiently and effectively at all levels of government to oil spills and other accidents resulting from Outer Continental Shelf energy activities, a coastal state shall not be required to contribute any portion of the cost of a grant awarded under this section.

‘(4) SECRETARIAL REVIEW AND LIMIT ON AWARDS- After an initial grant is made to a coastal state under this section, no subsequent grant may be made to that coastal state under this section unless the Secretary finds that the coastal state is satisfactorily developing revisions to address offshore energy impacts. No coastal state is eligible to receive grants under this section for more than 2 fiscal years.

‘(f) Applicability- The requirements of this section shall only apply if appropriations are provided to the Secretary to make grants under this section. This section shall not be construed to convey any new authority to any coastal state, or repeal or supersede any existing authority of any coastal state, to regulate the siting, licensing, leasing, or permitting of energy facilities in areas of the Outer Continental Shelf under the administration of the Federal Government. Nothing in this section repeals or supersedes any existing coastal state authority.

‘(g) Assistance by the Secretary- The Secretary as authorized under section 310(a) and to the extent practicable, shall make available to coastal states the resources and capabilities of the National Oceanic and Atmospheric Administration to provide technical assistance to the coastal states to prepare revisions to approved management programs to meet the requirements under this section.’.

SEC. 807. INFORMATION SHARING.

Section 388(b) of the Energy Policy Act of 2005 (43 U.S.C. 1337 note) is amended by adding at the end the following:

‘(4) AVAILABILITY OF DATA AND INFORMATION- All heads of departments and agencies of the Federal Government shall, upon request of the Secretary, provide to the Secretary all data and information that the Secretary deems necessary for the purpose of including such data and information in the mapping initiative, except that no department or agency of the Federal Government shall be required to provide any data or information that is privileged or proprietary.’.

SEC. 808. LIMITATION ON USE OF FUNDS.

None of the funds authorized or made available by this Act may be used to carry out any activity or pay any costs for removal or damages for which a responsible party (as such term is defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) is liable under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) or other law.

SEC. 809. ENVIRONMENTAL REVIEW.

Section 390 of the Energy Policy Act of 2005 (Public Law 109-58; 42 U.S.C. 15942) is repealed.

SEC. 810. FEDERAL RESPONSE TO STATE PROPOSALS TO PROTECT STATE LANDS AND WATERS.

Any State shall be entitled to timely decisions regarding permit applications or other approvals from any Federal official, including the Secretary of the Interior or the Secretary of Commerce, for any State or local government response activity to protect State lands and waters that is directly related to the discharge of oil determined to be a spill of national significance. Within 48 hours of the receipt of the State application or request for approval, the Federal official shall provide a clear determination on the permit application or approval request to the State, or provide a definite date by which the determination shall be made to the State. If the Federal official fails to meet either of these deadlines, the permit application is presumed to be approved or other approval granted.

SEC. 811. GOVERNMENT ACCOUNTABILITY OFFICE EVALUATION.

(a) Evaluation- The Comptroller General shall conduct an evaluation of the Department of the Interior to determine–

(1) whether the reforms carried out under this Act and the amendments made by this Act address concerns of the Government Accountability Office and the Inspector General expressed before the date of enactment of this Act;

(2) whether the increased hiring authority given to the Secretary of the Interior under this Act and the amendments made by this Act has resulted in the Department of the Interior being more effective in addressing its oversight missions; and

(3) whether there has been a sufficient reduction in the conflict between mission and interest within the Department of the Interior.

(b) Report- Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the evaluation conducted under subsection (a).

SEC. 812. STUDY ON RELIEF WELLS.

Not later than 60 days after the date of enactment of this Act, the Secretary shall enter into an arrangement with the National Academy of Engineering under which the Academy shall, not later than 1 year after such arrangement is entered into, submit to the Secretary and to Congress a report that assesses the economic, safety, and environmental impacts of requiring that 1 or more relief wells be drilled in tandem with the drilling of some or all wells subject to the requirements of this Act and the amendments made by this Act.

TITLE IX–STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF ROYALTIES

SEC. 901. SHORT TITLE.

This title may be cited as the ‘Study of Ways to Improve the Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of 2010’.

SEC. 902. STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF FEDERAL OIL, CONDENSATE, AND NATURAL GAS ROYALTIES.

The Secretary of the Interior shall seek to enter into an arrangement with the National Academy of Engineering under which the Academy, by not later than six months after the date of the enactment of this Act, shall study and report to the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of Federal lands (in eluding submerged and deep water lands) and Indian lands would be improved by any of the following:

(1) Requiring the installation of digital meters, calibrated at least monthly to an absolute zero value, for all lands from which natural gas (including condensate) is produced under such leases.

(2) Requiring that–

(A) the size of every orifice plate on each natural gas well operated under such leases be inspected at least quarterly by the Secretary; and

(B) chipped orifice plates and wrong-sized orifice plates be replaced immediately after those inspections and reported to the Secretary for retroactive volume measurement corrections and royalty payments with interest of 8 percent compounded monthly.

(3) Requiring that any plug valves that are in natural gas gathering lines be removed and replaced with ball valves.

(4) Requiring that–

(A) all meter runs should be opened for inspection by the Secretary and the producer at all times; and

(B) any welding or closing of the meter runs leading to the orifice plates should be prohibited unless authorized by the Secretary.

(5) Requiring the installation of straightening vanes approximately 10 feet before natural gas enters each orifice meter, including each master meter and each sales meter.

(6) Requiring that all master meters be inspected and the results of such inspections be made available to the Secretary and the producers immediately.

(7) Requiring that–

(A) all sampling of natural gas for heating content analysis be performed monthly upstream of each natural gas meter, including upstream of each master meter;

(B) records of such sampling and heating content analysis be maintained by the purchaser and made available to the Secretary and to the producer monthly;

(C) probes for such upstream sampling be installed upstream within three feet of each natural gas meter;

(D) any oil and natural gas lease for which heat content analysis is falsified shall be subject to cancellation;

(E) natural gas sampling probes be located–

(i) upstream of the natural gas meter at all times;

(ii) within a few feet of the natural gas meter; and

(iii) after the natural gas goes through a Welker or Y-Z vanishing chamber; and

(F) temperature probes and testing probes be located between the natural gas sampling probe and the orifice of the natural gas meter.

(8) Prohibiting the dilution of natural gas with inert nitrogen or inert carbon dioxide gas for royalty determination, sale, or resale at any point.

(9) Requiring that both the measurement of the volume of natural gas and the heating content analyses be reported only on the basis of 14.73 PSI and 60 degrees Fahrenheit, regardless of the elevation above sea level of such volume measurement and heating content analysis, for both purchases and sales of natural gas.

(10) Prohibiting the construction of bypass pipes that go around the natural gas meter, and imposing criminal penalties for any such construction or subsequent removal including, but not limited to, automatic cancellation of the lease.

(11) Requiring that all natural gas sold to consumers have a minimum BTU content of 960 at an atmospheric pressure of 14.73 PSI and be at a temperature of 60 degrees Fahrenheit, as required by the State of Wyoming Public Utilities Commission.

(12) Requiring that all natural gas sold in the USA will be on a MMBTU basis with the BTU content adjusted for elevation above sea level in higher altitudes. Thus all natural gas meters must correct for BTU content in higher elevations (altitudes).

(13) Issuance by the Secretary of rules for the measurement at the wellhead of the standard volume of natural gas produced, based on independent industry standards such as those suggested by the American Society of Testing Materials (ASTM).

(14) Requiring use of the fundamental orifice meter mass flow equation, as revised in 1990, for calculating the standard volume of natural gas produced.

(15) Requiring the use of Fpv in standard volume measurement computations as described in the 1992 American Gas Association Report No. 8 entitled Compressibility Factor of Natural Gas and Other Related Hydrocarbon Gases.

(16) Requiring that gathering lines must be constructed so as to have as few angles and turns as possible, with a maximum of three angles, before they connect with the natural gas meter.

(17) Requiring that for purposes of reporting the royalty value of natural gas, condensate, oil, and associated natural gases, such royalty value must be based upon the natural gas’ condensate’s, oil’s, and associated natural gases’ arm’s length, independent market value, as reported in independent, respected market reports such as Platts or Bloombergs, and not based upon industry controlled posted prices, such as Koch’s.

(18) Requiring that royalties be paid on all the condensate recovered through purging gathering lines and pipelines with a cone-shaped device to push out condensate (popularly referred to as a pig) and on condensate recovered from separators, dehydrators, and processing plants.

(19) Requiring that all royalty deductions for dehydration, treating, natural gas gathering, compression, transportation, marketing, removal of impurities such as carbon dioxide (CO2), nitrogen (N2), hydrogen sulphide (H2S), mercaptain (HS), helium (He), and other similar charges on natural gas, condensate, and oil produced under such leases that are now in existence be eliminated.

(20) Requiring that at all times–

(A) the quantity, quality, and value obtained for natural gas liquids (condensate) be reported to the Secretary; and

(B) such reported value be based on fair independent arm’s length market value.

(21) Issuance by the Secretary of regulations that prohibit venting or flaring (or both) of natural gas in cases for which technology exists to reasonably prevent it, strict enforcement of such prohibitions, and cancellation of leases for violations.

(22) Requiring lessees to pay full royalties on any natural gas that is vented, flared, or otherwise avoidably lost.

(23)(A) Requiring payment of royalties on carbon dioxide at the wellhead used for tertiary oil recovery from depleted oil fields on the basis of 5 percent of the West Texas Intermediate crude oil fair market price to be used for one MCF (1,000 cubic feet) of carbon dioxide gas.

(B) Requiring that–

(i) carbon dioxide used for edible purposes should be subjected to a royalty per thousand cubic feet (MCF) on the basis of the sales price at the downstream delivery point without deducting for removal of impurities, processing, transportation, and marketing costs;

(ii) such price to apply with respect to gaseous forms, liquid forms, and solid (dry ice) forms of carbon dioxide converted to equivalent MCF; and

(iii) such royalty to apply with respect to both a direct producer of carbon dioxide and purchases of carbon dioxide from another person that is either affiliated or not affiliated with the purchaser.

(24) Requiring that–

(A) royalties be paid on the fair market value of nitrogen extracted from such leases that is used industrially for well stimulation, helium recovery, or other uses; and

(B) royalties be paid on the fair market value of ultimately processed helium recovered from such leases.

(25) Allowing only 5 percent of the value of the elemental sulfur recovered during processing of hydrogen sulfide gas from such leases to be deducted for processing costs in determining royalty payments.

(26) Requiring that all heating content analysis of natural gas be conducted to a minimum level of C15.

(27) Eliminating artificial conversion from dry BTU to wet BTU, and requiring that natural gas be analyzed and royalties paid for at all times on the basis of dry BTU only.

(28) Requiring that natural gas sampling be performed at all times with a floating piston cylinder container at the same pressure intake as the pressure of the natural gas gathering line.

(29) Requiring use of natural gas filters with a minimum of 10 microns, and preferably 15 microns, both in the intake to natural gas sampling containers and in the exit from the natural gas sampling containers into the chromatograph.

(30) Mandate the use of a Quad Unit for both portable and stationary chromatographs in order to correct for the presence of nitrogen and oxygen, if any, in certain natural gas streams.

(31) Require the calibration of all chromatograph equipment every three months and the use of only American Gas Association-approved standard comparison containers for such calibration.

(32) Requiring payment of royalties on any such natural gas stored on Federal or Indian lands on the basis of corresponding storage charges for the use of Federal or Indian lands, respectively, for such storage service.

(33) Imposing penalties for the intentional nonpayment of royalties for natural gas liquids recovered–

(A) from purging of natural gas gathering lines and natural gas pipelines; or

(B) from field separators, dehydrators, and processing plants,

including cancellation of oil and natural gas leases and criminal penalties.

(34) Requiring that the separator, dehydrator, and natural gas meter be located within 100 feet of each natural gas wellhead.

(35) Requiring that BTU heating content analysis be performed when the natural gas is at a temperature of 140 to 150 degrees Fahrenheit at all times, as required by the American Gas Association (AGA) regulations.

(36) Requiring that heating content analysis and volume measurements are identical at the sales point to what they are at the purchase point, after allowing for a small volume for leakage in old pipes, but with no allowance for heating content discrepancy.

(37) Verification by the Secretary that the specific gravity of natural gas produced under such leases, as measured at the meter run, corresponds to the heating content analysis data for such natural gas, in accordance with the Natural Gas Processors Association Publication 2145-71(1), entitled ‘Physical Constants Of Paraffin Hydrocarbons And Other Components Of Natural Gas’, and reporting of all discrepancies immediately.

(38) Prohibiting all deductions on royalty payments for marketing of natural gas, condensate, and oil by an affiliate or agent.

(39) Requiring that all standards of the American Petroleum Institute, the American Gas Association, the Gas Processors Association, and the American Society of Testing Materials, Minerals Management Service Order No. 5, and all other Minerals Management Service orders be faithfully observed and applied, and willful misconduct of such standards and orders be subject to oil and gas lease cancellation.

SEC. 903. DEFINITIONS.

In this title:

(1) COVERED LANDS- The term ‘covered lands’ means–

(A) all Federal onshore lands and offshore lands that are under the administrative jurisdiction of the Department of the Interior for purposes of oil and gas leasing; and

(B) Indian onshore lands.

(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

TITLE X–OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTION

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘Offshore Oil and Gas Worker Whistleblower Protection Act of 2010’.

SEC. 1002. WHISTLEBLOWER PROTECTIONS; EMPLOYEE PROTECTION FROM OTHER RETALIATION.

(a) Prohibition Against Retaliation-

(1) IN GENERAL- No employer may discharge or otherwise discriminate against a covered employee because the covered employee, whether at the covered employee’s initiative or in the ordinary course of the covered employee’s duties–

(A) provided, caused to be provided, or is about to provide or cause to be provided to the employer or to a Federal or State Government official, information relating to any violation of, or any act or omission the covered employee reasonably believes to be a violation of, any provision of the Outer Continental Shelf Lands Act (43 U.S.C. 1301 et seq.), or any order, rule, regulation, standard, or prohibition under that Act, or exercised any rights provided to employees under that Act;

(B) testified or is about to testify in a proceeding concerning such violation;

(C) assisted or participated or is about to assist or participate in such a proceeding;

(D) testified or is about to testify before Congress on any matter covered by such Act;

(E) objected to, or refused to participate in any activity, policy, practice, or assigned task that the covered employee reasonably believed to be in violation of any provision of such Act, or any order, rule, regulation, standard, or ban under such Act;

(F) reported to the employer or a State or Federal Government official any of the following related to the employer’s activities described in section 1003(1): an illness, injury, unsafe condition, or information regarding the adequacy of any oil spill response plan required by law; or

(G) refused to perform the covered employee’s duties, or exercised stop work authority, related to the employer’s activities described in section 1003(1) if the covered employee had a good faith belief that performing such duties could result in injury to or impairment of the health of the covered employee or other employees, or cause an oil spill to the environment.

(2) GOOD FAITH BELIEF- For purposes of paragraph (1)(E), the circumstances causing the covered employee’s good faith belief that performing such duties would pose a health and safety hazard shall be of such a nature that a reasonable person under circumstances confronting the covered employee would conclude there is such a hazard.

(b) Process-

(1) IN GENERAL- A covered employee who believes that he or she has been discharged or otherwise discriminated against (hereafter referred to as the ‘complainant’) by any employer in violation of subsection (a)(1) may, not later than 180 days after the date on which such alleged violation occurs or the date on which the covered employee knows or should reasonably have known that such alleged violation occurred, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor (referred to in this section as the ‘Secretary’) alleging such discharge or discrimination and identifying employer or employers responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the employer or employers named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).

(2) INVESTIGATION-

(A) IN GENERAL- Not later than 90 days after the date of receipt of a complaint filed under paragraph (1) the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the employer or employers alleged to have committed a violation of subsection (a)(1) of the Secretary’s findings. The Secretary shall, during such investigation afford the complainant and the employer or employers named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses. The complainant shall be provided with an opportunity to review the information and evidence provided by employer or employers to the Secretary, and to review any response or rebuttal by such the complaint, as part of such investigation.

(B) REASONABLE CAUSE FOUND; PRELIMINARY ORDER- If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a)(1) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, the employer or employers alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record before an administrative law judge of the Department of Labor. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. The Secretary of Labor is authorized to enforce preliminary reinstatement orders in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia.

(C) DISMISSAL OF COMPLAINT-

(i) STANDARD FOR COMPLAINANT- The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in subparagraphs (A) through (G) of subsection (a)(1) was a contributing factor in the adverse action alleged in the complaint.

(ii) STANDARD FOR EMPLOYER- Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same adverse action in the absence of that behavior.

(iii) VIOLATION STANDARD- The Secretary may determine that a violation of subsection (a)(1) has occurred only if the complainant demonstrates that any behavior described in subparagraphs (A) through (G) of such subsection was a contributing factor in the adverse action alleged in the complaint.

(iv) RELIEF STANDARD- Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same adverse action in the absence of that behavior.

(3) ORDERS-

(A) IN GENERAL- Not later than 90 days after the receipt of a request for a hearing under subsection (b)(2)(B), the administrative law judge shall issue findings of fact and order the relief provided under this paragraph or deny the complaint. At any time before issuance of an order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. Such a settlement may not be agreed by such parties if it contains conditions which conflict with rights protected under this title, are contrary to public policy, or include a restriction on a complainant’s right to future employment with employers other than the specific employers named in the complaint.

(B) CONTENT OF ORDER- If, in response to a complaint filed under paragraph (1), the administrative law judge determines that a violation of subsection (a)(1) has occurred, the administrative law judge shall order the employer or employers who committed such violation–

(i) to take affirmative action to abate the violation;

(ii) to reinstate the complainant to his or her former position together with compensation (including back pay and prejudgment interest) and restore the terms, conditions, and privileges associated with his or her employment; and

(iii) to provide compensatory and consequential damages, and, as appropriate, exemplary damages to the complainant.

(C) ATTORNEY FEES- If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the employer or employers a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued at the conclusion of any stage of the proceeding.

(D) BAD FAITH CLAIM- If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer reasonable attorneys’ fees, not exceeding $1,000, to be paid by the complainant.

(E) ADMINISTRATIVE APPEAL- Not later than 30 days after the receipt of findings of fact or an order under subparagraph (B), the employer or employers alleged to have committed the violation or the complainant may file, with objections, an administrative appeal with the Secretary, who may designate such appeal to a review board. In reviewing a decision and order of the administrative law judge, the Secretary shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. The Secretary shall issue a final decision and order affirming, or reversing, in whole or in part, the decision under review within 90 days after receipt of the administrative appeal under this subparagraph. If it is determined that a violation of subsection (a)(1) has occurred, the Secretary shall order relief provided under subparagraphs (B) and (C). Such decision shall constitute a final agency action with respect to the matter appealed.

(4) ACTION IN COURT-

(A) IN GENERAL- If the Secretary has not issued a final decision within 300 days after the filing of the complaint, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(C).

(B) RELIEF- The court may award all appropriate relief including injunctive relief, compensatory and consequential damages, including–

(i) reinstatement with the same seniority status that the covered employee would have had, but for the discharge or discrimination;

(ii) the amount of back pay sufficient to make the covered employee whole, with prejudgment interest;

(iii) exemplary damages, as appropriate; and

(iv) litigation costs, including reasonable attorney fees and expert witness fees.

(5) REVIEW-

(A) IN GENERAL- Any person aggrieved by a final order issued under paragraph (3) or a judgment or order under paragraph (4) may obtain review of the order in the appropriate United States Court of Appeals. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall be in accordance with chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.

(B) NO OTHER JUDICIAL REVIEW- An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any other proceeding.

(6) FAILURE TO COMPLY WITH ORDER- Whenever any employer has failed to comply with an order issued under paragraph (3), the Secretary may obtain in a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, all appropriate relief including, but not limited to, injunctive relief and compensatory damages.

(7) CIVIL ACTION TO REQUIRE COMPLIANCE-

(A) IN GENERAL- Whenever an employer has failed to comply with an order issued under paragraph (3), the complainant on whose behalf the order was issued may obtain in a civil action in an appropriate United States district court against the employer to whom the order was issued, all appropriate relief.

(B) AWARD- The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys’ and expert witness fees) to any party whenever the court determines such award is appropriate.

(c) Construction-

(1) EFFECT ON OTHER LAWS- Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by Federal or State law.

(2) RIGHTS OF EMPLOYEES- Nothing in this section shall be construed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.

(d) Enforcement of Nondiscretionary Duties- Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code.

(e) Posting of Notice and Training- All employers shall post a notice which has been approved as to form and content by the Secretary of Labor in a conspicuous location in the place of employment where covered employees frequent which explains employee rights and remedies under this section. Each employer shall provide training to covered employees of their rights under this section within 30 days of employment, and at not less than once every 12 months thereafter, and provide covered employees with a card which contains a toll free telephone number at the Department of Labor which covered employees can call to get information or file a complaint under this section.

(f) Designation by the Secretary- The Secretary of Labor shall, within 30 days of the date of enactment of this Act, designate by order the appropriate agency officials to receive, investigate, and adjudicate complaints of violations of subsection (a)(1).

SEC. 1003. DEFINITIONS.

As used in this title the following definitions apply:

(1) The term ‘covered employee’–

(A) means an individual performing services on behalf of an employer that is engaged in activities on or in waters above the Outer Continental Shelf related to–

(i) supporting, or carrying out exploration, development, production, processing, or transportation of oil or gas; or

(ii) oil spill cleanup, emergency response, environmental surveillance, protection, or restoration, or other oil spill activities related to occupational safety and health; and

(B) includes an applicant for such employment.

(2) The term ‘employer’ means one or more individuals, partnerships, associations, corporations, trusts, unincorporated organizations, nongovernmental organizations, or trustees, and includes any agent, contractor, subcontractor, grantee or consultant of such employer.

(3) The term ‘Outer Continental Shelf’ has the meaning that the term ‘outer Continental Shelf’ has in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

Passed the House of Representatives July 30, 2010.

Attest:

LORRAINE C. MILLER,

Clerk.

Calendar No. 510

111th CONGRESS

2d Session

H. R. 3534

AN ACT

To provide greater efficiencies, transparency, returns, and accountability in the administration of Federal mineral and energy resources by consolidating administration of various Federal energy minerals management and leasing programs into one entity to be known as the Office of Federal Energy and Minerals Leasing of the Department of the Interior, and for other purposes.

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Obama: The Rolling Stone Interview

The following is an article from the October 15, 2010 issue of Rolling Stone.

We arrived at the southwest gate of the white house a little after one o’clock on the afternoon of September 17th. It was a warm fall day, but the capital felt quiet and half-empty, as it does on Fridays at the end of summer, with Congress still in recess. Rolling Stone had interviewed Barack Obama twice before, both times aboard his campaign plane — first in June 2008, a few days after he won the Democratic nomination, and again that October, a month before his election. This time executive editor Eric Bates and I sat down with the president in the Oval Office, flanked by busts of Abraham Lincoln and Martin Luther King Jr. The conversation stretched on for nearly an hour and a quarter. The president began by complimenting my multi-colored striped socks. “If I wasn’t president,” he laughed, “I could wear socks like that.”

When you came into office, you felt you would be able to work with the other side. When did you realize that the Republicans had abandoned any real effort to work with you and create bipartisan policy?
Well, I’ll tell you that given the state of the economy during my transition, between my election and being sworn in, our working assumption was that everybody was going to want to pull together, because there was a sizable chance that we could have a financial meltdown and the entire country could plunge into a depression. So we had to work very rapidly to try to create a combination of measures that would stop the free-fall and cauterize the job loss.

The recovery package we shaped was put together on the theory that we shouldn’t exclude any ideas on the basis of ideological predispositions, and so a third of the Recovery Act were tax cuts. Now, they happened to be the most progressive tax cuts in history, very much geared toward middle-class families. There was not only a fairness rationale to that, but also an economic rationale — those were the folks who were most likely to spend the money and, hence, prop up demand at a time when the economy was really freezing up.

I still remember going over to the Republican caucus to meet with them and present our ideas, and to solicit ideas from them before we presented the final package. And on the way over, the caucus essentially released a statement that said, “We’re going to all vote ‘No’ as a caucus.” And this was before we’d even had the conversation. At that point, we realized that we weren’t going to get the kind of cooperation we’d anticipated. The strategy the Republicans were going to pursue was one of sitting on the sidelines, trying to gum up the works, based on the assumption that given the scope and size of the recovery, the economy probably wouldn’t be very good, even in 2010, and that they were better off being able to assign the blame to us than work with us to try to solve the problem.

How do you feel about the fact that day after day, there’s this really destructive attack on whatever you propose? Does that bother you? Has it shocked you?
I don’t think it’s a shock. I had served in the United States Senate; I had seen how the filibuster had become a routine tool to slow things down, as opposed to what it used to be, which was a selective tool — although often a very destructive one, because it was typically targeted at civil rights and the aspirations of African-Americans who were trying to be freed up from Jim Crow. But I’d been in the Senate long enough to know that the machinery there was breaking down.

What I was surprised somewhat by, and disappointed by, although I’ve got to give some grudging admiration for just how effective it’s been, was the degree to which [Senate Minority Leader] Mitch McConnell was able to keep his caucus together on a lot of issues. Eventually, we were able to wear them down, so that we were able to finally get really important laws passed, some of which haven’t gotten a lot of attention — the credit-card reform bill, or the anti-tobacco legislation, or preventing housing and mortgage fraud. We’d be able to pick off two or three Republicans who wanted to do the right thing.

But the delays, the cloture votes, the unprecedented obstruction that has taken place in the Senate took its toll. Even if you eventually got something done, it would take so long and it would be so contentious, that it sent a message to the public that “Gosh, Obama said he was going to come in and change Washington, and it’s exactly the same, it’s more contentious than ever.” Everything just seems to drag on — even what should be routine activities, like appointments, aren’t happening. So it created an atmosphere in which a public that is already very skeptical of government, but was maybe feeling hopeful right after my election, felt deflated and sort of felt, “We’re just seeing more of the same.”

What do you think the Republican Party stands for today?
Well, on the economic front, their only agenda seems to be tax cuts for the wealthiest Americans. If you ask their leadership what their agenda will be going into next year to bring about growth and improve the job numbers out there, what they will say is, “We just want these tax cuts for the wealthiest Americans, which will cost us $700 billion and which we’re not going to pay for.”

Now what they’ll also say is, “We’re going to control spending.” But of course, when you say you’re going to borrow $700 billion to give an average $100,000-a-year tax break to people making a million dollars a year, or more, and you’re not going to pay for it; when Mitch McConnell’s overall tax package that he just announced recently was priced at about $4 trillion; when you, as a caucus, reject a bipartisan idea for a fiscal commission that originated from Judd Gregg, Republican budget chair, and Kent Conrad, Democratic budget chair, so that I had to end up putting the thing together administratively because we couldn’t get any support — you don’t get a sense that they’re actually serious on the deficit side.

What do you think of the Tea Party and the people behind it?
I think the Tea Party is an amalgam, a mixed bag of a lot of different strains in American politics that have been there for a long time. There are some strong and sincere libertarians who are in the Tea Party who generally don’t believe in government intervention in the market or socially. There are some social conservatives in the Tea Party who are rejecting me the same way they rejected Bill Clinton, the same way they would reject any Democratic president as being too liberal or too progressive. There are strains in the Tea Party that are troubled by what they saw as a series of instances in which the middle-class and working-class people have been abused or hurt by special interests and Washington, but their anger is misdirected.

And then there are probably some aspects of the Tea Party that are a little darker, that have to do with anti-immigrant sentiment or are troubled by what I represent as the president. So I think it’s hard to characterize the Tea Party as a whole, and I think it’s still defining itself.

Do you think that it’s being manipulated?
There’s no doubt that the infrastructure and the financing of the Tea Party come from some very traditional, very powerful, special-interest lobbies. I don’t think this is a secret. Dick Armey and FreedomWorks, which was one of the first organizational mechanisms to bring Tea Party folks together, are financed by very conservative industries and forces that are opposed to enforcement of environmental laws, that are opposed to an energy policy that would be different than the fossil-fuel-based approach we’ve been taking, that don’t believe in regulations that protect workers from safety violations in the workplace, that want to make sure that we are not regulating the financial industries in ways that we have.

There’s no doubt that there is genuine anger, frustration and anxiety in the public at large about the worst financial crisis we’ve experienced since the Great Depression. Part of what we have to keep in mind here is this recession is worse than the Ronald Reagan recession of the Eighties, the 1990-91 recession, and the 2001 recession combined. The depths of it have been profound. This body politic took a big hit in the gut, and that always roils up our politics, and can make people angry. But because of the ability of a lot of very well-funded groups to point that anger — I think misdirect that anger — it is translating into a relevant political force in this election.

What do you think of Fox News? Do you think it’s a good institution for America and for democracy?
[Laughs] Look, as president, I swore to uphold the Constitution, and part of that Constitution is a free press. We’ve got a tradition in this country of a press that oftentimes is opinionated. The golden age of an objective press was a pretty narrow span of time in our history. Before that, you had folks like Hearst who used their newspapers very intentionally to promote their viewpoints. I think Fox is part of that tradition — it is part of the tradition that has a very clear, undeniable point of view. It’s a point of view that I disagree with. It’s a point of view that I think is ultimately destructive for the long-term growth of a country that has a vibrant middle class and is competitive in the world. But as an economic enterprise, it’s been wildly successful. And I suspect that if you ask Mr. Murdoch what his number-one concern is, it’s that Fox is very successful.

You’ve passed more progressive legislation than any president since Lyndon Johnson. Yet your base does not seem nearly as fired up as the opposition, and you don’t seem to be getting the credit for those legislative victories. There was talk that you were going to mobilize your grass-roots volunteers and use them to pressure Congress, but you decided for whatever reason not to involve the public directly and not to force a filibuster on issues like health care. What do you say to those people who have developed a sense of frustration — your base — who feel that you need to fight harder?
That’s a bunch of different questions, so let me see if I can kind of knock them out one by one.

One of the healthy things about the Democratic Party is that it is diverse and opinionated. We have big arguments within the party because we got a big tent, and that tent grew during my election and in the midterm election previously. So making everybody happy within the Democratic Party is always going to be tough.

Some of it, also, has to do with — and I joke about it — that there’s a turn of mind among Democrats and progressives where a lot of times we see the glass as half-empty. It’s like, “Well, gosh, we’ve got this historic health care legislation that we’ve been trying to get for 100 years, but it didn’t have every bell and whistle that we wanted right now, so let’s focus on what we didn’t get instead of what we got.” That self-critical element of the progressive mind is probably a healthy thing, but it can also be debilitating.

When I talk to Democrats around the country, I tell them, “Guys, wake up here. We have accomplished an incredible amount in the most adverse circumstances imaginable.” I came in and had to prevent a Great Depression, restore the financial system so that it functions, and manage two wars. In the midst of all that, I ended one of those wars, at least in terms of combat operations. We passed historic health care legislation, historic financial regulatory reform and a huge number of legislative victories that people don’t even notice. We wrestled away billions of dollars of profit that were going to the banks and middlemen through the student-loan program, and now we have tens of billions of dollars that are going directly to students to help them pay for college. We expanded national service more than we ever have before.

The Recovery Act alone represented the largest investment in research and development in our history, the largest investment in infrastructure since Dwight Eisenhower, the largest investment in education — and that was combined, by the way, with the kind of education reform that we hadn’t seen in this country in 30 years — and the largest investment in clean energy in our history.

You look at all this, and you say, “Folks, that’s what you elected me to do.” I keep in my pocket a checklist of the promises I made during the campaign, and here I am, halfway through my first term, and we’ve probably accomplished 70 percent of the things that we said we were going to do — and by the way, I’ve got two years left to finish the rest of the list, at minimum. So I think that it is very important for Democrats to take pride in what we’ve accomplished.

All that has taken place against a backdrop in which, because of the financial crisis, we’ve seen an increase in poverty, and an increase in unemployment, and people’s wages and incomes have stagnated. So it’s not surprising that a lot of folks out there don’t feel like these victories have had an impact. What is also true is our two biggest pieces of legislation, health care and financial regulatory reform, won’t take effect right away, so ordinary folks won’t see the impact of a lot of these things for another couple of years. It is very important for progressives to understand that just on the domestic side, we’ve accomplished a huge amount.

When you look at what we’ve been able to do internationally — resetting our relations with Russia and potentially having a new START treaty by the end of the year, reinvigorating the Middle East peace talks, ending the combat mission in Iraq, promoting a G-20 structure that has drained away a lot of the sense of north versus south, east versus west, so that now the whole world looks to America for leadership, and changing world opinion in terms of how we operate on issues like human rights and torture around the world — all those things have had an impact as well.

What is true, and this is part of what can frustrate folks, is that over the past 20 months, we made a series of decisions that were focused on governance, and sometimes there was a conflict between governance and politics. So there were some areas where we could have picked a fight with Republicans that might have gotten our base feeling good, but would have resulted in us not getting legislation done.

I could have had a knock-down, drag-out fight on the public option that might have energized you and The Huffington Post, and we would not have health care legislation now. I could have taken certain positions on aspects of the financial regulatory bill, where we got 90 percent of what we set out to get, and I could have held out for that last 10 percent, and we wouldn’t have a bill. You’ve got to make a set of decisions in terms of “What are we trying to do here? Are we trying to just keep everybody ginned up for the next election, or at some point do you try to win elections because you’re actually trying to govern?” I made a decision early on in my presidency that if I had an opportunity to do things that would make a difference for years to come, I’m going to go ahead and take it.

I just made the announcement about Elizabeth Warren setting up our Consumer Finance Protection Bureau out in the Rose Garden, right before you came in. Here’s an agency that has the potential to save consumers billions of dollars over the next 20 to 30 years — simple stuff like making sure that folks don’t jack up your credit cards without you knowing about it, making sure that mortgage companies don’t steer you to higher-rate mortgages because they’re getting a kickback, making sure that payday loans aren’t preying on poor people in ways that these folks don’t understand. And you know what? That’s what we say we stand for as progressives. If we can’t take pleasure and satisfaction in concretely helping middle-class families and working-class families save money, get a college education, get health care — if that’s not what we’re about, then we shouldn’t be in the business of politics. Then we’re no better than the other side, because all we’re thinking about is whether or not we’re in power.

Let me ask you about financial reform. Despite all the things like consumer protection that you did get accomplished, the regulation of Wall Street — especially the closing down of all the derivatives trading that was really at the heart of the financial meltdown — seems to have been eviscerated.
I’ve got to disagree with that. If you take a look at it, what we’ve essentially said is that the vast majority of derivatives are now going to be sold through a clearinghouse. And if you ask the experts what was the best way to make sure the derivative markets didn’t bring down the economy again, it’s transparency, so that everybody understands who the counterparties are, everybody understands what the deal is, what the risks are — it’s all aboveboard, it’s all in the light of day.

People have legitimate concerns that if the rules drafted by all these various agencies in charge of implementing financial reform wind up with exceptions that are so big you can drive a truck through them, and suddenly you can have these specially tailored derivatives that are sold outside of the clearinghouse, then you could end up with an inadequate regulatory structure.

But if the rules are written properly — and I have confidence that the people I appointed to these agencies intend to apply them properly — it’s going to make a difference. Is it going to solve every potential problem in Wall Street in a multi-trillion-dollar, worldwide, capital market? Probably not. There could end up being new schemes, new loopholes that folks are going to try to exploit. The special interests are already ginning up to try to influence the rulemaking process in all these issues, so we have to remain vigilant. But to say that we did not significantly improve oversight of the derivatives market, it just isn’t true.

There’s also a concern when it comes to financial reform that your economic team is closely identified with Wall Street and the deregulation that caused the collapse. These are the folks who were supposed to have had oversight of Wall Street, and many of them worked for or were close to banks like Goldman Sachs.
Let me first of all say this. . . .

You used to work for Goldman Sachs!
[Laughs] Exactly. I read some of the articles that Tim Dickinson and others have produced in Rolling Stone. I understand the point of view that they’re bringing. But look: Tim Geithner never worked for Goldman; Larry Summers didn’t work for Goldman. There is no doubt that I brought in a bunch of folks who understand the financial markets, the same way, by the way, that FDR brought in a lot of folks who understood the financial markets after the crash, including Joe Kennedy, because my number-one job at that point was making sure that we did not have a full-fledged financial meltdown.

The reason that was so important was not because I was concerned about making sure that the folks who had been making hundreds of millions of dollars were keeping their bonuses for the next year. The reason was because we were seeing 750,000 jobs a month being lost when I was sworn in. The consequence to Main Street, to ordinary folks, was catastrophic, and we had to make sure that we stopped the bleeding. We managed to stabilize the financial markets at a cost that is much less to taxpayers than anybody had anticipated. The truth of the matter is that TARP will end up costing probably less than $100 billion, when all is said and done. Which I promise you, two years ago, you could have asked any economist and any financial expert out there, and they would have said, “We’ll take that deal.”

One of the things that you realize when you’re in my seat is that, typically, the issues that come to my desk — there are no simple answers to them. Usually what I’m doing is operating on the basis of a bunch of probabilities: I’m looking at the best options available based on the fact that there are no easy choices. If there were easy choices, somebody else would have solved it, and it wouldn’t have come to my desk.

That’s true for financial regulatory reform, that’s true on Afghanistan, that’s true on how we deal with the terrorist threat. On all these issues, you’ve got a huge number of complex factors involved. When you’re sitting outside and watching, you think, “Well, that sounds simple,” and you can afford to operate on the basis of your ideological predispositions. What I’m trying to do — and certainly what we’ve tried to do in our economic team — is to keep a North Star out there: What are the core principles we’re abiding by? In the economic sphere, my core principle is that America works best when you’ve got a growing middle class, and you’ve got ladders so that people who aren’t yet in the middle class can aspire to the middle class, and if that broad base is rolling, then the country does well.

How do you personally feel about hedge-fund managers who are making $200 million a year and paying a 15 percent tax rate? Or the guy who made $700 million one year and compared you to Hitler for trying to raise his taxes above 15 percent — does that gall you?
I’ve gotta say that I have been surprised by some of the rhetoric in the business press, in which we are accused of being anti-business. I know a lot of these guys who started hedge funds. They are making large profits, taking home large incomes, but because of a rule called “carried interest,” they are paying lower tax rates than their secretaries, or the janitor that cleans up the building. Or folks who are out there as police officers and teachers and small-business people. So all we’ve said is that it makes sense for them to pay taxes on it like on ordinary income.

I understand why folks might disagree with that. I’ve yet to meet a broad base of people who are anxious to pay higher taxes. But the point you’re making, which is exactly right, is that what should be a pretty straightforward policy argument ends up generating the kind of rhetoric we’ve been seeing: where I’m anti-business, I’m socialist, our administration is trying to destroy capitalism. That, I think, is over-the-top.

The average American out there who is my primary concern and is making 60 grand a year and paying taxes on all that income and trying to send their kids through school, and partly as a consequence of bad decisions on Wall Street, feels that their job is insecure and has seen their 401(k) decline by 30 percent, and has seen the value of their home decline — I don’t think they’re that sympathetic to these guys, and neither am I.

Let’s talk about the war in Afghanistan. Where were you when you first heard about the comments made by Gen. Stanley McChrystal and his staff, and how did you feel as you read them for yourself?
I was in my office in the residence, in the Treaty Room. Joe Biden called me — he was the first one who heard about it. I think it was Sunday night, and I had one of the staff here send me up a copy, and I read through the article. I will say at the outset that I think Gen. McChrystal is a fine man, an outstanding soldier, and has served this country very well. I do not think that he meant those comments maliciously. I think some of those comments were from his staff, and so he was poorly served. And it pained me to have to make the decision I did. Having said that, he showed bad judgment. When I put somebody in charge of the lives of 100,000 young men and women in a very hazardous situation, they’ve got to conduct themselves at the highest standards, and he didn’t meet those standards.

But it couldn’t have just been those remarks, which were casual and forgivable. The whole article was pretty damning.
The remarks themselves, I think, showed poor judgment. The rest of the article had to do with a series of very difficult, complex choices on the ground in Afghanistan, in which, as I said before, there are no easy answers. So Gen. McChrystal, in response to a very serious and legitimate concern about civilian casualties in Afghanistan, put out orders that have significantly reduced civilian casualties. The flip side of it is that it frustrates our troops, who feel that they may not be able to go on the offense as effectively, and it may put them in danger. That’s a profound strategic, tactical debate that takes place in the military. That’s not unique to Gen. McChrystal — that’s a debate that Gen. Petraeus is having to work his way through, that’s a debate that I have to work my way through as commander in chief.

To broaden the issue for a second, you were asking about the sources of frustration in the progressive community; clearly, Afghanistan has to be near the top of the list, maybe at the top of the list. I always try to point out, number one, that this shouldn’t have come as any surprise. When I was campaigning, I was very specific. I said, “We are going to end the war in Iraq, that was a mistake,” and I have done that. What I also said was that we need to plus up what we’re doing in Afghanistan, because that was where the original terrorist threat emanated, and we need to finish the job. That’s what we’re doing.

Now, I think that a lot of progressive supporters thought that maybe it would be easier than it has proven to be to try to bring Afghanistan to a place where we can see an end in sight. The fact of the matter is, when we came in, what we learned was that the neglect of Afghanistan had been more profound than we expected. Just simple examples: The Afghan National Army, the Afghan security forces, oftentimes were recruited, given a uniform, given a rifle, and that was it — they weren’t getting trained. As a functional matter, there was no way that they were going to start taking the place of U.S. troops.

What we’ve had to do after an extensive review that I engaged in was to say to our commanders on the ground, “You guys have to have a strategy in which we are training Afghan security forces, we’re going to break the Taliban momentum, but I am going to establish a date at which we start transitioning down and we start turning these security functions over to a newly trained Afghan security force.” That is what we’re in the process of doing.

It is exacting a terrible cost. Whenever I go over to Walter Reed or Bethesda, or when I was in Afghanistan, and I meet kids who lost their legs or were otherwise badly injured, I am reminded of that cost. Nobody wants more than me to be able to bring that war to a close in a way that makes sure that region is not used as a base for terrorist attacks against the United States. But what we have to do is see this process through. Starting July of 2011, we will begin a transition process, and if the strategy we’re engaged in isn’t working, we’re going to keep on re-examining it until we make sure that we’ve got a strategy that does work.

But by every index we know of, there seems to be no part of the Afghanistan strategy that is working. The Taliban control more of the country than ever. The Karzai regime is incredibly corrupt and has lost the trust of its own people. The program to buy the loyalty of Taliban soldiers, which was used with the Awakening during the surge in Iraq, can’t find enough takers for the $250 million that was allocated to it. The McChrystal offensive in Kandahar also failed. Afghanistan has been called the “graveyard of empires.” In view of the fact that Great Britain failed there, the Soviet Union with millions of troops right on the border failed there — what makes you think we are going to succeed?
Number one, this is very hard stuff. I knew it was hard a year ago, and I suspect a year from now, I will conclude that it’s still hard, and it’s messy. Number two, when you tick off these metrics that have quote-unquote “failed” — well, they haven’t failed yet. They haven’t succeeded yet. We’ve made progress in terms of creating a line of security around Kandahar, but there’s no doubt that Kandahar is not yet a secure place any more than Mosul or Fallujah were secure in certain phases of the Iraq War.

I will also agree that Afghanistan is harder than Iraq. This is the second-poorest country in the world. You’ve got no tradition of a civil service or bureaucracy that is effective countrywide. We have been very successful in taking out the middle ranks of the Taliban. We have been very successful in recruiting and beginning to train Afghan security forces. There are elements that are working, and there are elements that are not working.

Keep in mind that the decision I have to make is always, “If we’re not doing this, then what does that mean? What are the consequences?” I don’t know anybody who has examined the region who thinks that if we completely pulled out of Afghanistan, the Karzai regime collapsed, Kabul was overrun once again by the Taliban, and Sharia law was imposed throughout the country, that we would be safer, or the Afghan people would be better off, or Pakistan would be better off, or India would be better off, or that we would see a reduction in potential terrorist attacks around the world. You can’t make that argument.

Some have argued that what we can do is have a smaller footprint in Afghanistan, focus on counterterrorism activities, but have less boots on the ground. We examined every option that’s out there. I assure you: With all the problems we’ve got here at home, and the fact that I have to sign letters to the family members of every soldier who is killed in Afghanistan, if I can find a way of reducing the costs to the American taxpayer, and more profoundly, to our young men and women in uniform, while making sure that we are not rendered much more vulnerable to a terrorist attack in the future, that’s going to be the option that I choose. But no matter what your ultimate belief is in terms of what will succeed in Afghanistan, it’s going to take us several years to work through this issue.

Ideally, what would have happened was that we didn’t go into Iraq. Right after our victory in 2001, if we had focused on rebuilding Afghanistan, and had been in much more direct day-to-day interaction with Karzai and his government, then we wouldn’t find ourselves in this circumstance.

But you know what: I have to play the cards that I’m dealt. In an ideal world, I wouldn’t have inherited a $1.3 trillion deficit and the worst recession since the Great Depression. But you work with what’s before you.

Let me ask you about the Gulf oil spill. British Petroleum fired Tony Hayward, so my question is: Why does Interior Secretary Ken Salazar still have his job? The corruption at Minerals Management Service was widely known at the time he came into office, as was reported several times in Rolling Stone and other places, and that’s what helped the Gulf disaster to happen.
When Ken Salazar came in, he said to me, “One of my top priorities is cleaning up MMS.” It was no secret. You had seen the kind of behavior in that office that was just over-the-top, and Ken did reform the agency to eliminate those core ethical lapses — the drugs, the other malfeasance that was reported there. What Ken would admit, and I would admit, and what we both have to take responsibility for, is that we did not fully change the institutional conflicts that were inherent in that office. If you ask why did we not get that done, the very simple answer is that this is a big government with a lot of people, and changing bureaucracies and agencies is a time-consuming process. We just didn’t get to it fast enough.

Having said that, the person who was put in charge of MMS was fired. We brought in Michael Bromwich, who by every account is somebody who is serious about cleaning up that agency. We are committed to making sure that that place works the way it is supposed to. But when I have somebody like Ken Salazar, who has been an outstanding public servant, who takes this stuff seriously, who bleeds when he sees what was happening in the Gulf, and had started on a path of reform but just didn’t get there as fast on every aspect of it as needed to be, I had to just let him know, “You’re accountable, you’re responsible, I expect you to change it.” I have confidence that he can change it, and I think he’s in the process of doing so.

James Hansen, the NASA scientist who is perhaps the most respected authority on global warming, says that climate change is the predominant moral issue of the 21st century, comparable to slavery faced by Lincoln and the response to Nazism faced by Churchill. Do you agree with that statement?
What I would agree with is that climate change has the potential to have devastating effects on people around the globe, and we’ve got to do something about it. In order to do something about it, we’re going to have to mobilize domestically, and we’re going to have to mobilize internationally.

During the past two years, we’ve not made as much progress as I wanted to make when I was sworn into office. It is very hard to make progress on these issues in the midst of a huge economic crisis, because the natural inclination around the world is to say, “You know what? That may be a huge problem, but right now what’s a really big problem is 10 percent unemployment,” or “What’s a really big problem is that our businesses can’t get loans.” That diverted attention from what I consider to be an urgent priority. The House of Representatives made an attempt to deal with the issue in a serious way. It wasn’t perfect, but it was serious. We could not get 60 votes for a comparable approach in the Senate.

One of my top priorities next year is to have an energy policy that begins to address all facets of our overreliance on fossil fuels. We may end up having to do it in chunks, as opposed to some sort of comprehensive omnibus legislation. But we’re going to stay on this because it is good for our economy, it’s good for our national security, and, ultimately, it’s good for our environment.

Understand, though, that even in the absence of legislation, we took steps over the past two years that have made a significant difference. I will give you one example, and this is an example where sometimes I think the progressive community just pockets whatever we do, takes it for granted, and then asks, “Well, why didn’t you get this done?”

We instituted the first increase in fuel-efficiency standards in this country in 30 years. It used to be that California would have some very rigorous rule, and then other states would have much weaker ones. Now we’ve got one rule. Not only that, it used to be that trucks weren’t covered, and there were all kinds of loopholes — that’s how SUVs were out there getting eight miles a gallon. Now everybody’s regulated — not only cars, but trucks. We did this with the agreement of the auto industry, which had never agreed to it before, we did it with the auto workers, who had never agreed to it before. We are taking the equivalent of millions of cars off the road, when it comes to the amount of greenhouse gases that are produced.

Is it enough? Absolutely not. The progress that we’re making on renewable energy, the progress that we’re making on retrofitting buildings and making sure that we are reducing electricity use — all those things, cumulatively, if we stay on it over the next several years, will allow us to meet the target that I set, which would be around a 17 percent reduction in our greenhouse gases.

But we’re going to have to do a lot more than that. When I talk to [Energy Secretary] Steven Chu, who, by the way, was an unsung hero in the Gulf oil spill — this guy went down and helped design the way to plug that hole with BP engineers — nobody’s a bigger champion for the cause of reducing climate change than he is. When I ask him how we are going to solve this problem internationally, what he’ll tell you is that we can get about a third of this done through efficiencies and existing technologies, we can get an additional chunk through some sort of pricing in carbon, but ultimately we’re going to need some technological breakthroughs. So the investments we’re making in research and development around clean energy are also going to be important if we’re going to be able to get all the way there. Am I satisfied with what we’ve gotten done? Absolutely not.

Do you see a point at which you’re going to throw the whole weight of the presidency behind this, like you did on health care or financial reform?
Yes. Not only can I foresee it, but I am committed to making sure that we get an energy policy that makes sense for the country and that helps us grow at the same time as it deals with climate change in a serious way. I am just as committed to getting immigration reform done.

I’ve been here two years, guys. And one of the things that I just try to remember is that if we have accomplished 70 percent of what we committed to in the campaign, historic legislation, and we’ve got 30 percent of it undone — well, that’s what the next two years is for, or maybe the next six.

Understandably, everybody has a great sense of urgency about these issues. But one of the things that I constantly want to counsel my friends is to keep the long view in mind. On social issues, something like “don’t ask, don’t tell.” Here, I’ve got the Secretary of Defense and the Joint Chiefs of Staff both committed to changing the policy. That’s a big deal.

You get credit for that.
Now, I am also the commander in chief of an armed forces that is in the midst of one war and wrapping up another one. So I don’t think it’s too much to ask, to say “Let’s do this in an orderly way” — to ensure, by the way, that gays and lesbians who are serving honorably in our armed forces aren’t subject to harassment and bullying and a whole bunch of other stuff once we implement the policy. I use that as an example because on each of these areas, even those where we did not get some grand legislative victory, we have made progress. We have moved in the right direction.

When people start being concerned about, “You haven’t closed Guantánamo yet,” I say, listen, that’s something I wanted to get done by now, and I haven’t gotten done because of recalcitrance from the other side. Frankly, it’s an easy issue to demagogue. But what I have been able to do is to ban torture. I have been able to make sure that our intelligence agencies and our military operate under a core set of principles and rules that are true to our traditions of due process. People will say, “I don’t know — you’ve got your Justice Department out there that’s still using the state-secrets doctrine to defend against some of these previous actions.” Well, I gave very specific instructions to the Department of Justice. What I’ve said is that we are not going to use a shroud of secrecy to excuse illegal behavior on our part. On the other hand, there are occasions where I’ve got to protect operatives in the field, their sources and their methods, because if those were revealed in open court, they could be subject to very great danger. There are going to be circumstances in which, yes, I can’t have every operation that we’re engaged in to deal with a very real terrorist threat published in Rolling Stone.

These things don’t happen overnight. But we’re moving in the right direction, and that’s what people have to keep in mind.

What has surprised you the most about these first two years in office? What advice would you give your successor about the first two years?
Over the past two years, what I probably anticipated but you don’t fully appreciate until you’re in the job, is something I said earlier, which is if a problem is easy, it doesn’t hit my desk. If there’s an obvious solution, it never arrives here — somebody else has solved it a long time ago. The issues that cross my desk are hard and complicated, and oftentimes involve the clash not of right and wrong, but of two rights. And you’re having to balance and reconcile against competing values that are equally legitimate.

What I’m very proud of is that we have, as an administration, kept our moral compass, even as we’ve worked through these very difficult issues. Doesn’t mean we haven’t made mistakes, but I think we’ve moved the country in a profoundly better direction just in the past two years.

What music have you been listening to lately? What have you discovered, what speaks to you these days?
My iPod now has about 2,000 songs, and it is a source of great pleasure to me. I am probably still more heavily weighted toward the music of my childhood than I am the new stuff. There’s still a lot of Stevie Wonder, a lot of Bob Dylan, a lot of Rolling Stones, a lot of R&B, a lot of Miles Davis and John Coltrane. Those are the old standards.

A lot of classical music. I’m not a big opera buff in terms of going to opera, but there are days where Maria Callas is exactly what I need.

Thanks to Reggie [Love, the president’s personal aide], my rap palate has greatly improved. Jay-Z used to be sort of what predominated, but now I’ve got a little Nas and a little Lil Wayne and some other stuff, but I would not claim to be an expert. Malia and Sasha are now getting old enough to where they start hipping me to things. Music is still a great source of joy and occasional solace in the midst of what can be some difficult days.

You had Bob Dylan here. How did that go?
Here’s what I love about Dylan: He was exactly as you’d expect he would be. He wouldn’t come to the rehearsal; usually, all these guys are practicing before the set in the evening. He didn’t want to take a picture with me; usually all the talent is dying to take a picture with me and Michelle before the show, but he didn’t show up to that. He came in and played “The Times They Are A-Changin’.” A beautiful rendition. The guy is so steeped in this stuff that he can just come up with some new arrangement, and the song sounds completely different. Finishes the song, steps off the stage — I’m sitting right in the front row — comes up, shakes my hand, sort of tips his head, gives me just a little grin, and then leaves. And that was it — then he left. That was our only interaction with him. And I thought: That’s how you want Bob Dylan, right? You don’t want him to be all cheesin’ and grinnin’ with you. You want him to be a little skeptical about the whole enterprise. So that was a real treat.

Having Paul McCartney here was also incredible. He’s just a very gracious guy. When he was up there singing “Michelle” to Michelle, I was thinking to myself, “Imagine when Michelle was growing up, this little girl on the South Side of Chicago, from a working-class family.” The notion that someday one of the Beatles would be singing his song to her in the White House — you couldn’t imagine something like that.

Did you cry?
Whenever I think about my wife, she can choke me up. My wife and my kids, they’ll get to me.

[Signaled by his aides, the president brings the interview to a close and leaves the Oval Office. A moment later, however, he returns to the office and says that he has one more thing to add. He speaks with intensity and passion, repeatedly stabbing the air with his finger.]

One closing remark that I want to make: It is inexcusable for any Democrat or progressive right now to stand on the sidelines in this midterm election. There may be complaints about us not having gotten certain things done, not fast enough, making certain legislative compromises. But right now, we’ve got a choice between a Republican Party that has moved to the right of George Bush and is looking to lock in the same policies that got us into these disasters in the first place, versus an administration that, with some admitted warts, has been the most successful administration in a generation in moving progressive agendas forward.

The idea that we’ve got a lack of enthusiasm in the Democratic base, that people are sitting on their hands complaining, is just irresponsible.

Everybody out there has to be thinking about what’s at stake in this election and if they want to move forward over the next two years or six years or 10 years on key issues like climate change, key issues like how we restore a sense of equity and optimism to middle-class families who have seen their incomes decline by five percent over the last decade. If we want the kind of country that respects civil rights and civil liberties, we’d better fight in this election. And right now, we are getting outspent eight to one by these 527s that the Roberts court says can spend with impunity without disclosing where their money’s coming from. In every single one of these congressional districts, you are seeing these independent organizations outspend political parties and the candidates by, as I said, factors of four to one, five to one, eight to one, 10 to one.

We have to get folks off the sidelines. People need to shake off this lethargy, people need to buck up. Bringing about change is hard — that’s what I said during the campaign. It has been hard, and we’ve got some lumps to show for it. But if people now want to take their ball and go home, that tells me folks weren’t serious in the first place.

If you’re serious, now’s exactly the time that people have to step up.

The is an article from the October 15, 2010 issue of Rolling Stone, available on newsstands on October 1, 2010.