HR 501

112th CONGRESS
1st Session

H. R. 501

To provide for the implementation of the recommendations of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 26, 2011

Mr. MARKEY (for himself, Mr. RAHALL, Mr. WAXMAN, Mr. GEORGE MILLER of California, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. HOLT, Ms. WOOLSEY, and Mrs. CAPPS) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Science, Space, and Technology, Energy and Commerce, Transportation and Infrastructure, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To provide for the implementation of the recommendations of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES

TITLE II--FEDERAL OIL AND GAS DEVELOPMENT

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

Subtitle B--Royalty Relief for American Consumers

TITLE III--OIL AND GAS ROYALTY REFORM

TITLE IV--GULF OF MEXICO RESTORATION

TITLE V--COORDINATION AND PLANNING

TITLE VI--OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION

TITLE VII--MISCELLANEOUS PROVISIONS

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

TITLE IX--OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTION

SEC. 2. DEFINITIONS.

TITLE I--CREATION OF NEW DEPARTMENT OF THE INTERIOR AGENCIES

SEC. 101. BUREAU OF OCEAN ENERGY 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.

SEC. 110. ANNUAL REPORT ON OFFSHORE ENERGY DEVELOPMENT ACTIVITIES.

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. CHEMICAL SAFETY BOARD INVESTIGATION.

SEC. 207. LEASES, EASEMENTS, AND RIGHTS-OF-WAY.

SEC. 208. EXPLORATION PLANS.

SEC. 209. OUTER CONTINENTAL SHELF LEASING PROGRAM.

SEC. 210. ENVIRONMENTAL STUDIES.

`SEC. 20. 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. 29. RESTRICTIONS ON EMPLOYMENT.

SEC. 219. REPEAL OF ROYALTY RELIEF PROVISIONS.

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

SEC. 221. COORDINATION AND CONSULTATION WITH AFFECTED STATE AND LOCAL GOVERNMENTS.

SEC. 222. IMPLEMENTATION.

SEC. 223. REPORT ON ENVIRONMENTAL BASELINE STUDIES.

SEC. 224. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND SUBSISTENCE USE.

SEC. 225. SAVINGS CLAUSE.

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.

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. ENTITLEMENTS.

SEC. 319. LIMITATION ON ROYALTY IN-KIND PROGRAM.

SEC. 320. APPLICATION OF ROYALTY TO OIL THAT IS SAVED, REMOVED, SOLD, OR DISCHARGED UNDER OFFSHORE OIL AND GAS LEASES.

SEC. 321. DISPOSITION OF REVENUE.

TITLE IV--GULF OF MEXICO RESTORATION

SEC. 401. SHORT TITLE.

SEC. 402. GULF COAST ECOSYSTEM RESTORATION.

TITLE V--COORDINATION AND PLANNING

SEC. 501. REGIONAL COORDINATION.

SEC. 502. REGIONAL COORDINATION COUNCILS.

SEC. 503. REGIONAL STRATEGIC PLANS.

SEC. 504. REGULATIONS AND SAVINGS CLAUSE.

SEC. 505. OCEAN RESOURCES CONSERVATION AND ASSISTANCE FUND.

SEC. 506. WAIVER.

TITLE VI--OIL SPILL ACCOUNTABILITY AND ENVIRONMENTAL PROTECTION

SEC. 601. SHORT TITLE.

SEC. 602. REPEAL OF AND ADJUSTMENTS TO LIMITATION ON LIABILITY.

SEC. 603. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES.

`(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.

SEC. 604. DAMAGES TO HUMAN HEALTH.

SEC. 605. CLARIFICATION OF LIABILITY FOR DISCHARGES FROM MOBILE OFFSHORE DRILLING UNITS.

SEC. 606. STANDARD OF REVIEW FOR DAMAGE ASSESSMENT.

SEC. 607. PROCEDURES FOR CLAIMS AGAINST FUND; INFORMATION ON CLAIMS.

`SEC. 1013A. INFORMATION ON CLAIMS.

SEC. 608. ADDITIONAL AMENDMENTS AND CLARIFICATIONS TO OIL POLLUTION ACT OF 1990.

SEC. 609. AMERICANIZATION OF OFFSHORE OPERATIONS IN THE EXCLUSIVE ECONOMIC ZONE.

SEC. 610. SAFETY MANAGEMENT SYSTEMS FOR MOBILE OFFSHORE DRILLING UNITS.

SEC. 611. SAFETY STANDARDS FOR MOBILE OFFSHORE DRILLING UNITS.

SEC. 612. OPERATIONAL CONTROL OF MOBILE OFFSHORE DRILLING UNITS.

`Sec. 7104. Licenses for masters of mobile offshore drilling units

SEC. 613. SINGLE-HULL TANKERS.

SEC. 614. REPEAL OF RESPONSE PLAN WAIVER.

SEC. 615. NATIONAL CONTINGENCY PLAN.

`(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;

`(aa) information that describes the potential acute health impacts on humans who are involved in application activities and who may reasonably be exposed during such activities;

`(bb) information on the oils and locations where such dispersants, chemicals, or substances may potentially be used; and

`(cc) if appropriate, an assessment of impacts from subsea use of the dispersant, chemical, or substance, including the potential long-term effects of such use on water quality, aquatic life, and the environment.

SEC. 616. TRACKING DATABASE.

SEC. 617. EVALUATION AND APPROVAL OF RESPONSE PLANS; MAXIMUM PENALTIES.

SEC. 618. OIL AND HAZARDOUS SUBSTANCE CLEANUP TECHNOLOGIES.

SEC. 619. IMPLEMENTATION OF OIL SPILL PREVENTION AND RESPONSE AUTHORITIES.

SEC. 620. IMPACTS TO INDIAN TRIBES AND PUBLIC SERVICE DAMAGES.

SEC. 621. FEDERAL ENFORCEMENT ACTIONS.

SEC. 622. TIME REQUIRED BEFORE ELECTING TO PROCEED WITH JUDICIAL CLAIM OR AGAINST THE FUND.

SEC. 623. AUTHORIZED LEVEL OF COAST GUARD PERSONNEL.

SEC. 624. CLARIFICATION OF MEMORANDUMS OF UNDERSTANDING.

SEC. 625. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES.

`SEC. 6005. BUILD AMERICA REQUIREMENT FOR OFFSHORE FACILITIES.

SEC. 626. OIL SPILL RESPONSE VESSEL DATABASE.

SEC. 627. OFFSHORE SENSING AND MONITORING SYSTEMS.

`SEC. 4119. OFFSHORE SENSING AND MONITORING SYSTEMS.

SEC. 628. OIL AND GAS EXPLORATION AND PRODUCTION.

SEC. 629. AUTHORIZATION OF APPROPRIATIONS.

SEC. 630. EXTENSION OF LIABILITY TO PERSONS HAVING OWNERSHIP INTERESTS IN RESPONSIBLE PARTIES.

SEC. 631. CLARIFICATION OF LIABILITY UNDER OIL POLLUTION ACT OF 1990.

SEC. 632. SALVAGE ACTIVITIES.

SEC. 633. REQUIREMENT FOR REDUNDANCY IN RESPONSE PLANS.

`SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LICENSE AUTHORIZING DRILLING FOR OIL AND GAS.

SEC. 634. FEDERAL OIL SPILL RESEARCH PROGRAM.

SEC. 635. OIL SPILL LIABILITY TRUST FUND.

TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. REPEAL OF CERTAIN TAXPAYER SUBSIDIZED ROYALTY RELIEF FOR THE OIL AND GAS INDUSTRY.

SEC. 702. LEASING ON INDIAN LANDS.

SEC. 703. OUTER CONTINENTAL SHELF STATE BOUNDARIES.

SEC. 704. LIABILITY FOR DAMAGES TO NATIONAL WILDLIFE REFUGES.

SEC. 705. STRENGTHENING COASTAL STATE OIL SPILL PLANNING AND RESPONSE.

`SEC. 320. STRENGTHENING COASTAL STATE OIL SPILL RESPONSE AND PLANNING.

SEC. 706. INFORMATION SHARING.

SEC. 707. LIMITATION ON USE OF FUNDS.

SEC. 708. ENVIRONMENTAL REVIEW.

SEC. 709. GOVERNMENT ACCOUNTABILITY OFFICE EVALUATION.

SEC. 710. STUDY ON RELIEF WELLS.

SEC. 711. FLOW RATE TECHNICAL GROUP.

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

SEC. 801. SHORT TITLE.

SEC. 802. STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF FEDERAL OIL, CONDENSATE, AND NATURAL GAS ROYALTIES.

SEC. 803. DEFINITIONS.

TITLE IX--OFFSHORE OIL AND GAS WORKER WHISTLEBLOWER PROTECTION

SEC. 901. SHORT TITLE.

SEC. 902. WHISTLEBLOWER PROTECTIONS; EMPLOYEE PROTECTION FROM OTHER RETALIATION.

SEC. 903. DEFINITIONS.

END