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Full Text of this Amendment
At the appropriate place, insert the following:
SEC. __. SUBSISTENCE CLAIMS.
(a) Definitions.--In this section:
(1) BARTER.--The term "barter" means the exchange of natural resources taken for subsistence uses for--
(A) other natural resources; or
(B) other food or for nonedible items other than money, if the exchange is of a limited and noncommercial nature.
(2) COMMUNITY USE.--The term "community use" means the sharing of natural resources with or among individuals (including among members of a family) who, collectively, are substantially dependent on, or substantially engaged in, the taking of natural resources for subsistence or to meet economic or social needs.
(3) FAMILY.--The term "family" means all individuals who--
(A) are related by blood, marriage, or adoption; and
(B) live within the same household on a permanent basis.
(4) NATURAL RESOURCES.--The term "natural resources" includes crustaceans, mollusks, fish, game, and wildlife, and parts of those species.
(5) SECRETARY.--The term "Secretary" means the Secretary of Homeland Security, acting through the National Pollution Funds Center.
(6) SUBSISTENCE USE.--The term "subsistence use" means the customary and traditional use of any natural resource by an individual for--
(A) personal, family, or community consumption as food; or
(B) barter or sharing for personal, family, or community use.
(1) IN GENERAL.--In adjudicating a claim for loss of subsistence use of a natural resource that has been injured, destroyed, or lost in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, the Secretary shall fix the amount of damages available for the claim at an amount equal to the reasonable wholesale value of the quantity of the natural resource that would have been taken by the claimant for subsistence use at a place where
such natural resources are sold to a retailer for resale, as of the date on which the natural resource would have been taken, as determined by the Secretary.
(2) ADDITIONAL AWARD.--Damages awarded for the loss of subsistence use of a natural resource may be in addition to damages awarded for any other economic loss that a claimant sustains.
(c) Sense of Congress.--It is the sense of Congress that the Administrator of the Gulf Coast Claims Facility, in adjudicating a claim for loss of subsistence use of natural resources that have been injured, destroyed, or lost in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, should calculate the value of damages in the same manner as described in subsection (b).
(d) Report.--Not later than 30 days after the date of enactment of this Act and every 90 days thereafter, the Secretary shall submit to the Committees on Homeland Security and Governmental Affairs and Environment and Public Works of the Senate and the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives a report that describes--
(1) the number of claims filed for loss of subsistence use of natural resources that have been injured, destroyed, or lost in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon;
(2) the number of those claims that have been adjudicated during the preceding period; and
(3) the amount of damages claimed and awarded for each claim adjudicated.
(As printed in the Congressional Record for the Senate on Feb 16, 2011.)