Natural Resources Restoration Act of 2011 - Amends the Oil Pollution Act of 1990 to require the Administrator of the Environmental Protection Agency (EPA) to enter into an arrangement with the National Academies to convene a panel of scientists to evaluate and report on the natural resource damages from the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon on April 20, 2010, the resulting hydrocarbon releases into the environment, and the various response actions that injured natural resources in the Gulf of Mexico and in state water and land bordering the Gulf of Mexico (Deepwater Horizon Oil Spill).
Requires the panel to report on the costs for federal and state trustees designated with respect to natural resource damages from the spill of: (1) restoring such injured natural resources; and (2) compensating such trustees for the loss of natural resource services from April 20, 2010, to the date the natural resources are fully restored. Requires trustees, in assessing such damages, to include a special assessment in an amount equal to 30% of the cost of restoring such resources and services or an amount mutually agreed to by the responsible parties and the trustees. Requires special assessments to be: (1) paid by the responsible parties; (2) used by trustees to conduct projects to restore natural resources injured by such spill; and (3) credited toward any other natural resource damages assessed against the responsible parties for such spill.
Requires the Administrator to promulgate regulations establishing a program under which responsible parties can purchase credits for the cost of such projects carried out by trustees.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1228 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1228
To provide for payments to certain natural resource trustees to assist
in restoring natural resources damaged as a result of the Deepwater
Horizon oil spill, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2011
Mr. Landry introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To provide for payments to certain natural resource trustees to assist
in restoring natural resources damaged as a result of the Deepwater
Horizon oil spill, 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.
This Act may be cited as the ``Natural Resources Restoration Act of
2011''.
SEC. 2. DEEPWATER HORIZON OIL SPILL DAMAGE ASSESSMENT.
Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.)
is amended by adding at the end the following:
``SEC. 1021. DEEPWATER HORIZON OIL SPILL DAMAGE ASSESSMENT.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Deepwater horizon oil spill.--The term `Deepwater
Horizon Oil Spill' means the blowout and explosion of the
mobile offshore drilling unit Deepwater Horizon that occurred
on April 20, 2010, the resulting hydrocarbon releases into the
environment, and the various response actions that injured
natural resources in the Gulf of Mexico and in State water and
land bordering the Gulf of Mexico.
``(3) Panel.--The term `panel' means the panel established
under subsection (b).
``(4) Trustee.--The term `trustee' means each of the
Federal and State trustees designated under paragraphs (2) and
(3) of section 1006(b) with respect to natural resource damages
relating to the Deepwater Horizon Oil Spill.
``(b) Deepwater Horizon Oil Spill Damage Assessment.--
``(1) Establishment of panel.--The Administrator shall
enter into an arrangement with the National Academies under
which the National Academies shall convene, in consultation
with the trustees, a panel of scientists with appropriate
expertise to conduct, in coordination with the trustees, a
preliminary evaluation of the natural resource damages from the
Deepwater Horizon Oil Spill.
``(2) Report.--
``(A) In general.--Based on the preliminary
evaluation conducted under paragraph (1), the panel
shall prepare a report that includes an estimate of--
``(i) the cost for each trustee of--
``(I) restoring the natural
resources under the trusteeship of the
trustee injured by the Deepwater
Horizon Oil Spill; and
``(II) compensating the trustee for
the loss of natural resource services
under the trusteeship of the trustee
during the period beginning on April
20, 2010, and ending on the date on
which the natural resources are fully
restored; and
``(ii) the total of the estimated costs
described in clause (i) for all trustees.
``(B) Considerations.--In preparing the report
under subparagraph (A), the panel shall consider--
``(i) the results of the study conducted
under section 2004(3) of the Supplemental
Appropriations Act, 2010 (Public Law 112-212;
124 Stat. 2338); and
``(ii) any appropriate and available
information that has been generated through the
natural resources damages assessment being
conducted by the trustees under section 1006(d)
with respect to the Deepwater Horizon Oil
Spill.
``(C) Timeline.--
``(i) Preliminary draft.--Not later than 90
days after the date of enactment of this Act,
the panel shall prepare a preliminary draft of
the report required under subparagraph (A).
``(ii) Comment period.--
``(I) In general.--In accordance
with subclause (II), the panel shall
provide for a comment period during
which the panel shall solicit from
trustees and responsible parties
comments on the preliminary draft
report.
``(II) Timeline.--Comments shall be
solicited under subclause (I) during
the 30-day period beginning on the date
of completion of the preliminary draft
report under subparagraph (A).
``(iii) Final report.--Not later than 30
days after the date on which the comment period
ends under clause (ii), the panel shall--
``(I) submit to Congress a final
version of the report required under
subparagraph (A); and
``(II) publish in the Federal
Register notice that the final report
has been completed.
``(3) Special assessment.--
``(A) In general.--Notwithstanding any other
provision of law, in making an assessment of natural
resource damages with respect to the Deepwater Horizon
Oil Spill under paragraph (1) or (2) of section
1006(c), a trustee shall include a special assessment
in an amount that is equal to--
``(i) 30 percent of the cost of restoring
the natural resources under the trusteeship of
the trustee injured by the Deepwater Horizon
Oil Spill and compensating the trustee for the
loss natural resource services under the
trusteeship of the trustee during the period
beginning on April 20, 2010, and ending on the
date on which the natural resources are fully
restored, as estimated in the report prepared
under paragraph (2); or
``(ii) an amount mutually agreed to by the
responsible parties and the trustees.
``(B) Payment of special assessment.--The
responsible parties shall be responsible for paying the
amounts assessed under subparagraph (A), in accordance
with the provisions of this Act.
``(C) Use.--
``(i) In general.--Any amounts assessed
under subparagraph (A) shall be used by a
trustee to conduct projects to restore natural
resources injured by the Deepwater Horizon Oil
Spill.
``(ii) Applicable law.--Any activities
carried out by the trustees using amounts
assessed under subparagraph (A) shall be
carried out in accordance with applicable laws
(including regulations) relating to natural
resource damages assessment and restoration,
including laws relating to public
participation.
``(D) Credits.--There shall be credited toward any
other natural resource damages assessed against the
responsible parties for the Deepwater Horizon Oil
Spill, in accordance with applicable laws (including
regulations) any amounts assessed under subparagraph
(A).
``(E) Regulations.--As soon as practicable after
the date of enactment of this section, the
Administrator shall promulgate regulations establishing
a program under which responsible parties can purchase
credits for the cost of any projects carried out by a
trustee under subparagraph (C)(i).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Water Resources and Environment.
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