Summary of Amendments Submitted to the Rules Committee forH.R. 3534 - Consolidated Land, Energy, and Aquatic Resources Act of 2009

Summaries Derived from Information Provided by Sponsors

Listed in Alphabetical Order

July 28, 2010 7:53 PM

Altmire (PA)

#7

Withdrawn Would replace the underlying bill's requirement for dispersant manufacturers to disclose their product's chemical formula with a requirement to disclose dispersant products' ingredients.

Altmire (PA)

#36

Would require the EPA to implement a formal testing process to collect field and lab data and consider the results when determining which dispersants receive conditional approval.

Altmire (PA)

#37

Would replace the two-year dispersant moratorium with a process for the EPA to review the changes to the National Contingency Plan and propose revisions. The EPA would have 270 days to review the new process and 180 days to propose revisions after its review.

Blunt (MO)

#10

Would add an emergency preparedness section to the bill to ensure that adequate resources and technology are available and accessible in the event of a future incident.

Bordallo (GU), Faleomavaega (AS), Christensen (VI), Pierluisi (PR), Sablan (MP)

#3

Would direct the Interior Secretary to establish a team of technical, policy, and financial experts to develop an energy action plan addressing the energy needs of insular areas and to assist each area in implementing the plan. The plan would include recommendations on reducing reliance on fossil fuels, improving overall energy efficiency, and financial and engineering plans for specific projects.

Boyd (FL)

#64

Withdrawn Would ensure that Gulf residents would have the right of first refusal for processing the claims filed due to the oil spill.

Brady, Kevin (TX)

#45

Would strike section 702 (repeal of and adjustments to limitation on liability).

Brady, Kevin (TX)

#47

Would strike section 219 (repeal of royalty relief provisions), subtitle B of title II (royalty relief for American consumers), section 709 (Americanization of offshore operations), section 801 (repeal of certain taxpayer-subsidized royalty relief), and section 802 (conservation fee).

Cao (LA)

#41

Would direct the Secretary of HHS to study the physical and mental health effects of the Deepwater Horizon oil spill. The Secretary shall develop action plans for mental and physical health assessments and to help individuals affected by the spill.

Cao (LA)

#42

Would ensure that a comprehensive GAO study is conducted on the biological and ecological effects of the spill.

Cao (LA)

#43

Would ensure a comprehensive and specialized response to the Deepwater Horizon oil spill, including attention to labor, physical, and mental health issues. This would include job transition, industry recovery, and mental health responses.

Cassidy (LA), Fleming (LA)

#2

Would terminate moratoriums on offshore drilling.

Cassidy (LA)

#68

Would strike the new two dollar per barrel conservation fee.

Cassidy (LA)

#69

Would strike the federal authority over states’ oil and gas regulation in state waters.

Cassidy (LA)

#70

Would establish an independent, bipartisan National Commission on Outer Continental Shelf Oil Spill Prevention with expertise in petroleum engineering, oil and gas production, rig safety and environmental protection. The Commission would investigate the Deepwater Horizon oil spill and make recommendations to improve the safety of offshore energy production.

Castle (DE)

#72

Would ensure there is no delay in the development of ocean renewable energy resources, including offshore wind, in the establishment of the new Bureau of Energy and Resource Management.

Castor (FL)

#73

Would require the Secretary of the Interior to establish a citizens' panel to advise the Administration in the long-term recovery of the Gulf Coast region.

Castor (FL), Young, C.W. Bill (FL), Hastings, Alcee (FL), Wasserman Schultz (FL)

#75

Would prohibit oil and natural gas preleasing, leasing and related activities in certain areas off the coast of Florida, the Straits of Florida Planning Area, and the South Atlantic Planning Area.

Castor (FL)

#76

Would require the Secretary of Commerce to establish a seafood marketing plan to promote seafood produced in the Gulf states as part of the Gulf of Mexico Restoration Plan.

Castor (FL)

#77

Would prohibit waivers or categorical exclusions of environmental impact statements in the exploration plan.

Chaffetz (UT)

#6

Would strike section 207 (Disposition of Revenues), title IV (Full Funding for the Land and Water Conservation Fund and Historic Preservation Funds), and section 605 (Ocean Resources Conservation and Assistance Fund).

Connolly (VA), Holt (NJ), Welch (VT)

#9

4th Revision Would prevent oil companies from shifting oil spill cleanup costs onto taxpayers by ensuring that Oil Pollution Act liabilities of an oil subsidiary will be inherited by the parent oil company in the event the subsidiary goes bankrupt and does not sell its assets.  The amendment does not alter underlying liability provisions of OPA, and includes technical corrections from the Department of Justice.

Conyers (MI)

#82

Would make two clarifications to the liability provisions in the Oil Pollution Act. The first protects claimants from signing broad liability releases. The second clarifies that the new cause of action under OPA for damages to human health does not supersede remedies under other federal law.

Cummings (MD)

#1

Would provide that discharges resulting from salvage activities consistent with the National Contingency Plan or as directed by the President are exempt from liability under the Federal Water Pollution Control Act.

Davis, Lincoln (TN)

#8

Withdrawn Would clarify that the Secretary of the Interior may enter into cooperative education and training agreements with safety training firms in establishing the National Oil and Gas Health and Safety Academy.

DeFazio (OR), Herseth Sandlin (SD), Schrader (OR), Minnick (ID)

#38

Withdrawn Would strike "biomass" from the Renewable Energy Resource definition. This would ensure that only the Forest Service and Bureau of Land Management have jurisdiction over biomass projects on federal lands instead of the proposed Bureau of Energy and Resource Management.

DeGette (CO)

#18

Would amend the Emergency Planning and Community Right-to-Know Act to require public disclosure of the chemical constituents, but not the proprietary chemical formula, used in the hydraulic fracturing process.

Faleomavaega (AS)

#23

Would authorize the Secretary of Interior, acting through the Bureau of Energy and Resource Management, to conduct: an assessment of all available domestic technological capabilities required for the location and the efficient and environmentally sound recovery of minerals, other than oil and natural gas, from the shallow and deep seabed of the United States; a survey of the shallow and deep seabed of the United States to identify sites for the recovery of such minerals; and an economic feasibility study on the recovery of such minerals.

Flake, Jeff (AZ)

#56

Would prohibit earmarking funds appropriated as a result of the reauthorization of the Land and Water Conservation Act, the National Historic Preservation Fund and the establishment of the Ocean Resource.

Garamendi, John

#19

Would prohibit the Secretary of Interior from issuing a lease for the exploration, development, or production of oil or natural gas in any area of the outer Continental Shelf off the coast of the State of California, Oregon, or Washington.

Hare (IL)

#61

Withdrawn Would require that, within three years of enactment, the Government Accountability Office shall complete a study to determine whether the reforms to the Department of Interior mandated in this legislation have increased oversight and decreased conflicts of interest within the department.

Hare (IL), Hastings, Alcee (FL)

#62

Revised Would establish a Gulf of Mexico Regional Citizens Advisory Council to increase public participation and oversight over oil and gas exploration in the Gulf of Mexico. The five-state council would provide recommendations that are advisory but not binding and shall be immune from liability as a result of recommendations that are implemented.

Hare (IL)

#63

Withdrawn Would clarify that the Secretary is permitted to consult with industry representatives regarding training program curricula, but is not authorized to utilize industry representatives as instructional personnel for the trainings.

Harman (CA), Doyle (PA), Baldwin, Tammy (WI), Welch (VT)

#25

Withdrawn Would authorize a study of the economic, safety, and environmental impacts of requiring a relief well be drilled in tandem with the drilling of some or all wells.

Hastings, Doc (WA)

#86

Substitute Would 1) change the structure of the Outer Continental Shelf Management Program; 2) have Congress establish a commission to study and report on the BP / Deepwater Horizon explosion and oil spill; 3) establish a Gulf of Mexico Restoration Program; and 4) add a title directing the Secretary to accept or reject recommendations of the Governor and of the executive of any affected local Government if the Secretary determines, after having provided the opportunity for consultation, that they provide a reasonable balance between the national interest and the well-being of the citizens of the affected State.

Heller (NV)

#79

Would provide that no Land and Water Conservation Fund money may be used to acquire private property or interests in private property without the consent of the owners of such private property.

Himes (CT)

#80

Revised Would require, following initial clean-up of a spill, that the National Resources Damages Act trustee give equal and full consideration to all statutorily prescribed natural resource damage remedies to ensure that acquisition of non-impacted land is considered an equal remedy and not given lower priority as is currently provided in statute.

Himes (CT)

#81

Revised Would require that, upon appointing the director of the Office of Environmental Science under the Bureau of Energy & Resource Management, the Interior Secretary shall give committees of jurisdiction in House and Senate 30 days notice before the appointment shall become effective. Additionally, anytime the Department of Interior notices a 5-year leasing plan, a specific lease for oil and gas exploration or a regulation related to oil and gas exploration, as part of that notice the Secretary must list and make available upon request any documents that the Office of Environmental Science or Bureau of Safety and Environmental Management has produced relevant to that decision.

Hinchey (NY)

#39

Would amend the Safe Drinking Water Act to repeal the exemption from restrictions on underground injection of fluids near drinking water sources granted to hydraulic fracturing operations under such Act.

Hinchey (NY)

#46

Would require the list of chemicals (as well as information about those chemicals) intended for use in drilling or completing a well to be posted online 15 days prior to drilling a well and the final list of chemicals used to be posted online within 30 days after completion of drilling the well. This includes an exemption to keep proprietary information from being publicly disclosed.

Holt (NJ), Pascrell (NJ), Connolly (VA), Inslee (WA), Wu (OR), Castle (DE), Perriello (VA)

#31

Would expedite leasing and permitting for the first generation of offshore wind projects by clarifying the Secretary of the Interior’s authority to issue provisional leases, easements and rights-of-way.

Holt (NJ), Pascrell (NJ), Connolly (VA), Inslee (WA), Wu (OR), Perriello (VA)

#32

Revised Would require the Secretary of the Interior to exercise offshore leasing and permitting authorities in a manner that accounts for the public benefits of offshore renewable energy development.

Holt (NJ), Pascrell (NJ), Connolly (VA), Inslee (WA), Wu (OR), Perriello (VA), Langevin (RI), Castle (DE)

#35

Would clarify the Secretary of the Interior’s authority to use a one-stage process to determine competitive interest in opportunities to develop offshore renewable energy projects.

Holt (NJ), Capps (CA)

#44

Would ensure that scientific information gathered on the impacts of the oil spills on trust resources is available for the Commerce Secretary to use in consultation with the Interior Secretary.

Inslee (WA), Holt (NJ)

#11

Revised Would create an Office of Renewable Energy Development within the Bureau of Energy Resource Management. It would be responsible for renewable energy resources on federal lands and the OCS.

Inslee (WA), Minnick (ID), Simpson (ID)

#17

Would encourage the development of geothermal energy on public lands that adjoin a valid geothermal discovery.

Jackson Lee (TX)

#48

Would require the EPA to establish a panel of experts to assess the long-term environmental impacts of the Deepwater Horizon oil spill.

Jackson Lee (TX)

#49

Would allow the Secretary of Homeland Security to establish an independent claims system for damages under the Oil Pollution Act of 1990.

Jackson Lee (TX)

#50

Would establish a tiered liability scheme and increase the size of the Oil Spill Liability Trust Fund, which will fund part of the tiered structure.

Jackson Lee (TX)

#51

Would require that governments using Federal funds to conduct studies of the impact of the Deepwater Horizon spill shall make use of Gulf Coast educational institutions and experts, to the extent possible.

Jackson Lee (TX)

#52

Would allow the suspension of permits when the operator is responsible for five or more violations of applicable safety laws in one year.

Jackson Lee (TX)

#53

Would require redundancy in accident and spill response plans as part of the permitting process under the Outer Continental Shelf Lands Act.

Jackson Lee (TX)

#55

Would allow the financial responsibility required to operate in the Gulf of Mexico to be pooled among the companies working together.

Kind (WI), Kratovil (MD), Heinrich (NM), Perriello (VA), Titus (NV), Kissell, Larry (NC), Arcuri (NY)

#59

Revised Would require that no less than 1.5 percent of the Land and Water Conservation Fund each year go toward securing recreational public access to Federal Lands under the jurisdiction of the Secretary of the Interior for hunting, fishing, and other outdoor recreation. 

Lamborn (CO)

#20

Would strike section 802, which gives the Secretary of Interior the ability to impose a conservation fee of $2 per barrel of oil for production from all new and existing federal onshore and offshore leases.

Lummis (WY), Herger (CA)

#65

Would remove authority for regulating onshore oil, gas and mineral resources from the Bureau of Energy and Resource Management, and the Bureau of Safety and Environmental Enforcement. Onshore federal land resource management will remain in the jurisdiction of the Bureau of Land Management (BLM).

Lummis (WY)

#66

Would allow qualified third parties to access LWCF funds for the purpose of establishing conservation easements on private lands. Qualified third parties are defined as IRS non-profit organizations established to hold in trust conservation easements.

Maloney (NY)

#24

Withdrawn Would direct the Secretary of the Interior to arrange with the National Academy of Engineering to study and report to the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of federal lands (including submerged, deep water, and Indian lands) would be improved by implementing certain prescribed measures.

McGovern (MA), Lummis (WY), Fudge (OH), Courtney (CT)

#54

Withdrawn Would require that not less than 40 percent of Land and Water Conservation Funds shall be available for federal purposes and not less than 40 percent shall be available for state purposes.

Melancon (LA)

#57

Would redirect civil penalties from the BP oil spill toward an account to fund Gulf Coast environmental restoration projects.

Melancon (LA)

#58

2nd Revision Would create an additional civil penalty on Gulf Coast Oil Spills of more than 1 million barrels, and would direct those funds toward Gulf Coast environmental restoration projects.

Melancon (LA), Childers (MS)

#60

Revised Would seek to end the federal moratorium on deepwater drilling. The moratorium would be prohibited from enforcement on those rigs that meet safety requirements set forth in NTL 05 and NTL 06.

Moore, Gwen (WI)

#28

Would add efforts to prevent the introduction of and spread of aquatic invasive species to the list of activities eligible to be funded by the Ocean Resources Conservation and Assistance Fund.

Moore, Gwen (WI)

#29

Would require GAO to study how well citizens affected by federal energy policy decisions are able to participate in development of such policies and to recommend ways to improve the engagement of citizens, including the response to the Deepwater Horizon oil spill.

Moore, Gwen (WI)

#33

Revised Would authorize federal research into the use of naturally-occurring marine microbes organisms such as bacteria to help disperse or neutralize oil. Would permit research to be conducted by the EPA, the Coast Guard, and the Interagency Alternative Technology Assessment Program of multiple Federal agencies.

Moore, Gwen (WI)

#34

Would establish a Citizen’s Advisory Committee composed of non-energy industry individuals, including home and business owners in the affected States, to assist the Gulf Coast Restoration Task Force in its work.

Olson (TX)

#78

Would direct the President to establish and assess the appropriate liability limits for offshore facilities based on a set list of criteria.

Pingree (ME), Holt (NJ)

#14

Withdrawn Would assess a fee on the processing of oil and gas leases and would use the proceeds to fund the gathering of baseline environmental data necessary for the permitting process. This would sunset after 5 years.

Pingree (ME), Castle (DE)

#15

Withdrawn Would establish a temporary and separate Office of Offshore Renewable Energy under the Interior Secretary. It would oversee the leasing and permitting of offshore renewable energy projects on the OCS. It would be reviewed after 5 years to determine if the industry had progressed sufficiently that the Office could be located within the Bureau of Energy and Resource Management without hindering the development of renewables.

Pingree (ME), Holt (NJ), Hirono (HI), Capps (CA), Quigley (IL)

#16

Withdrawn Would require oil and gas companies to pay royalties on all oil that is discharged from a well, including spilled oil.

Poe (TX)

#30

Would remove Liquified Natural Gas vessels from the evaluation and approval of response plans under H.R. 3534.

Polis (CO)

#87

Withdrawn Would amend section 213 (Judicial Review) to provide enforcement of requirements regarding the compliance with any applicable environmental and natural resources laws.

Polis (CO)

#88

Withdrawn Would include in the Environmental Study an analysis of the cumulative impact of drilling on the Outer Continental Shelf (OCS).

Quigley (IL)

#4

Would amend the Outer Continental Shelf Lands Act (OCSLA) to require specific precautions for areas with particular physical or environmental characteristics during OCS leasing.

Quigley (IL)

#5

Would amend the national Outer Continental Shelf policy statement to clarify that OCS leasing, exploration, and development will be authorized in limited areas of the ocean only when science shows that those activities can proceed with minimal risk to the health of ocean ecosystems.

Rahall (WV)

#13

Revised (1) Makes a technical change. (2) Strikes "biomass" from the Renewable Energy Resource definition. (3) Clarifies that the Secretary of the Interior may enter into cooperative education and training agreements with safety training firms in establishing the National Oil and Gas Health and Safety Academy. (4) Clarifies that the Secretary is permitted to consult with industry representatives regarding training program curricula, but is not authorized to utilize industry representatives as instructional personnel for the trainings. (5) Imposes civil penalties on CEO's who certify to false information about a company's capability to prevent or contain an oil spill. (6) Establishes a Citizen’s Advisory Committee composed of non-energy industry individuals to assist the Gulf Coast Restoration Task Force in its work. (7) Clarifies that the Regional Assessment and Regional Strategic Plan created by the Great Lakes Regional Coordination Council shall include only renewable and not non-renewable energy resources. (8) Ensures that Gulf residents would have the right of first refusal for processing the claims filed due to the oil spill. (9) Replaces the requirement for dispersant manufacturers to disclose their product's chemical formula with a requirement to disclose dispersant products' ingredients. (10) Provides that discharges resulting from salvage activities consistent with the National Contingency Plan or as directed by the President are exempt from liability under the Federal Water Pollution Control Act. (11) Requires redundancy in accident and spill response plans as part of the permitting process under the Outer Continental Shelf Lands Act. (12) Authorizes a study of the economic, safety, and environmental impacts of requiring a relief well be drilled in tandem with the drilling of some or all wells. (13) Requires the GAO to complete a study to determine whether the reforms to the Department of Interior mandated in this legislation have increased oversight and decreased conflicts of interest within the department. (14) Includes in the Environmental Study an analysis of the cumulative impact of drilling on the Outer Continental Shelf. (15) Requires oil and gas companies to pay royalties on all oil that is discharged from a well, including spilled oil. (16) Directs GAO to study the impact of assessing a fee on the processing of oil and gas leases and using the proceeds to fund the gathering of baseline environmental data necessary for the permitting process. (17) Directs the Secretary of the Interior to arrange with the National Academy of Engineering to study and report to the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of federal lands would be improved by implementing certain prescribed measures. (18) Amends the liability provisions in the Oil Pollution Act to protect claimants from signing broad liability releases, and to clarify that the new cause of action under OPA for damages to human health does not supersede remedies under other federal law.

Salazar (CO)

#26

Would strike Titles II-VIII of the bill.

Sarbanes (MD), Capps (CA)

#40

Withdrawn Would impose civil penalties on CEO's who certify to false information about a company's capability to prevent or contain an oil spill.

Scalise (LA), Alexander, Rodney (LA), Bartlett (MD), Barton (TX), Bishop, Rob (UT), Blunt (MO), Boustany (LA), Brady, Kevin (TX), Broun (GA), Brown (SC), Burgess (TX), Burton (IN), Cao (LA), Capito (WV), Cassidy (LA), Coffman (CO), Conaway (TX), Culberson (TX), Fleming (LA), Franks (AZ), Gingrey (GA), Gohmert (TX), Graves, Tom (GA), Green, Gene (TX), Griffith (AL), Hall, Ralph (TX), Harper (MS), Issa (CA), Jordan (OH), Klein, John (MN), Lamborn (CO), Latta (OH), Melancon (LA), Murphy, Tim (PA), Myrick (NC), Nunes (CA), Olson (TX), Paul (TX), Pitts (PA), Poe (TX), Price, Tom (GA), Rehberg (MT), Thornberry (TX), Shadegg (AZ), Shimkus (IL), Sullivan (OK), Thompson, Glenn (PA), Upton (MI), Wilson, Joe (SC), Neugebauer (TX), Rohrabacher (CA), Whitfield (KY) Smith, Lamar (TX) Buyer (IN)

#74

Would terminate the effect of (1) moratorium in the MMS Notice to Lessees No. 2010-N04 dated May 30, 2010, (2) Interior Secretary memorandum dated July 12, 2010, and (3) any suspension of operations issued in connection with the moratorium or memorandum.

Schauer (MI)

#27

Would limit the time a spill violator has to report an incident to the National Response Center and would increase fines for a failure to properly notify the NRC within that time limit. It also would require the Department of Transportation to maintain a public, searchable internet database of all reportable incidents involving gas or hazardous liquid pipelines.

Sensenbrenner (WI)

#12

Revised Would replace the bill's language regarding the use of chemical dispersants with similar language from H.R. 5608, the "Better Oil Spill Response Plan Act of 2010." It would require full government approval of dispersants, though the approval criteria differ.

Shea-Porter (NH)

#21

Would ensure that the ethics guidelines required for certain Department of Interior employees are updated at least every three years. The amendment would also ensure that the best available technology for oil spill response and mitigation, and the availability and accessibility of that technology is part of the Offshore Technology Research and Risk Assessment Program. Finally, the amendment would require that operators annually certify that their response and exploration plans include the best available technology and its availability.

Stupak (MI)

#22

Withdrawn Would clarify that the Regional Assessment and Regional Strategic Plan created by the Great Lakes Regional Coordination Council shall include only renewable and not non-renewable energy resources.

Teague (NM), Altmire (PA)

#83

Would require the EPA to review its Clean Water Act regulations relating to the management of sediment associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities construction activities and propose revisions.

Teague (NM)Jackson Lee (TX)

#84

Would not require a conservation free from onshore production of oil and natural gas.

Teague (NM)

#85

Would allow a group of companies to cooperate to meet financial responsibility requirements by pooling of resources or joint insurance coverage.

Young, Don (AK)

#67

Would strike section 602(b)(2)(C) and remove the states of Washington and Oregon from the Alaska Regional Coordination Council.

Young, Don (AK)

#71

Would require the Coast Guard Commandant to review the harbor at St. George, Alaska, under existing guidelines prescribed by the National Response Plan, as a potential place of refuge, and to consult with all relevant federal agencies, to determine, within one year after enactment, the improvements necessary to make the St. George harbor a year-round, fully-functional harbor that would qualify as a potential place of refuge. It further directs the Commandant to oversee together with other federal agencies completion of the construction of the harbor as a potential place of refuge within three years after the date of enactment. The harbor would then be a fully functioning harbor that could be designated as a place of refuge in the case of a marine casualty or to prevent, or respond to, threats of environmental damage such as an oil spill. A State or local match for construction would be required under this language.