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Natural Resources Restoration Act of 2011

Introduced Mar 29, 2011 · Last action Jun 28, 2011 Committee on Environment and Public Works Subcommittee on Water and Wildlife. Hearings held. With printed Hearing: S.Hrg. 112-951.

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Summary

This legislation is called the Natural Resources Restoration Act of 2011. Committee on Environment and Public Works Subcommittee on Water and Wildlife. Hearings held. With printed Hearing: S.Hrg. 112-951.

Full bill text

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 662 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 662

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 SENATE OF THE UNITED STATES

                             March 29, 2011

  Mr. Vitter introduced the following bill; which was read twice and
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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>

Official legislative text sourced from the public record (cached on CivicsHQ).

Official source

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Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

Timeline reflects current normalized status only. Full action history is not yet stored in the API.

Votes

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