S 953 PCSCommentsClose CommentsPermalink

Calendar No. 43CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 953CommentsClose CommentsPermalink

To authorize the conduct of certain lease sales in the outer Continental Shelf, to amend the Outer Continental Shelf Lands Act to modify the requirements for exploration, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 11, 2011CommentsClose CommentsPermalink

Mr. MCCONNELL (for himself, Ms. MURKOWSKI, Mr. COATS, Mr. CORKER, Mr. WICKER, Mr. ALEXANDER, Mr. BARRASSO, Mr. BLUNT, Mr. PAUL, Mr. ENZI, Mr. ROBERTS, Mr. HELLER, Mr. ISAKSON, Mr. MORAN, Mr. BOOZMAN, Ms. AYOTTE, and Mr. JOHANNS) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink

May 12, 2011CommentsClose CommentsPermalink

Read the second time and placed on the calendarCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To authorize the conduct of certain lease sales in the outer Continental Shelf, to amend the Outer Continental Shelf Lands Act to modify the requirements for exploration, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Offshore Production and Safety Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. OIL SPILL RESPONSE AND CONTAINMENT.

(a) Response Plans- The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9 the following:CommentsClose CommentsPermalink

‘SEC. 10. EXPLORATION PLANS.

‘(a) In General- Notwithstanding any other provision of this Act, in the case of each exploration plan submitted after the date of enactment of this Act, the Secretary shall require the incorporation into the exploration plan of a third-party reviewed response plan that describes the means and timeline for containment and termination of an ongoing discharge of oil (other than a de minimis discharge, as determined by the Secretary) at the depth at which the exploration, development, or production authorized under the exploration plan is to take place.CommentsClose CommentsPermalink





‘(b) Technological Feasibility- Before determining whether to approve a new exploration plan under subsection (a), the Secretary shall certify the technological feasibility of methods proposed to be used under a response plan described in that paragraph, as demonstrated by the potential lessee through simulation, demonstration, or other means.’.CommentsClose CommentsPermalink





(b) Public/private Task Force on Oil Spill Response and Mitigation-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Energy, acting through the Office of Science of the Department of Energy, shall use available funds in the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund established under section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378), and such other funds as are necessary, to conduct a study, in collaboration with the Office of Fossil Energy of the Department, on means of improving prevention methodologies and technological responses to oil spills and mitigating the effects of oil spills on natural habitat.CommentsClose CommentsPermalink





(2) TASK FORCE- As part of the study required under this subsection, the Secretary shall convene a task force composed of representatives of the private sector, institutions of higher education, and the National Academy of Sciences--CommentsClose CommentsPermalink





(A) to assess the prevention methodologies and technological response to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment;CommentsClose CommentsPermalink





(B) to assess the adequacy of existing technologies for prevention and responses to deep water oil spills; andCommentsClose CommentsPermalink





(C) to recommend means of improving prevention methodologies and technological responses to future oil spills (including drilling relief wells) and mitigating the effects of the oil spills on natural habitat.CommentsClose CommentsPermalink





(3) REPORT- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress, the President, the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Defense a report that describes the results of the study conducted under this subsection, including a recommended standard for technological best practices for prevention of and responses to oil spills, practice drills for emergency responses, and any other recommendations.CommentsClose CommentsPermalink





(c) Study on Federal Response to Oil Spills-CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General of the United States shall conduct a study of existing capabilities and legal authorities of the Federal Government to prevent and respond to oil spills.CommentsClose CommentsPermalink





(2) DEEPWATER HORIZON INCIDENT- As part of the study required under this subsection, the Comptroller General of the United States shall assess the extent to which the capabilities and authorities described in paragraph (1) have been fully used in the response to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment.CommentsClose CommentsPermalink





(3) REPORT- Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that describes the results of the study conducted under this subsection, including any recommendations.CommentsClose CommentsPermalink

SEC. 3. CONDUCT OF CERTAIN PROPOSED OIL AND GAS LEASE SALES.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) ENVIRONMENT IMPACT STATEMENT FOR THE 2007-2012 5-YEAR OCS PLAN- The term ‘Environmental Impact Statement for the 2007-2012 5-Year OCS Plan’ means the Final Environmental Impact Statement for the Outer Continental Shelf Oil and Gas Leasing Program: 2007-2012 prepared by the Secretary and dated April 2007.CommentsClose CommentsPermalink





(2) MULTI-SALE ENVIRONMENTAL IMPACT STATEMENT- The term ‘Multi-Sale Environmental Impact Statement’ means the Environmental Impact Statement for Proposed OCS Oil and Gas Lease Sales 193, 204, 205, 206, 207, 208, 209, 210, 212, 215, and 218, 213, 216, and 222 prepared by the Secretary and dated September 2008.CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(b) Requirement to Conduct Certain Proposed Oil and Gas Lease Sales-CommentsClose CommentsPermalink





(1) IN GENERAL- In accordance with section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337), the Secretary shall conduct--CommentsClose CommentsPermalink





(A) as soon as practicable, but not later than 120 days, after the date of enactment of this Act, offshore oil and gas lease sale 216;CommentsClose CommentsPermalink





(B) as soon as practicable, but not later than 240 days, after the date of enactment of this Act, offshore oil and gas lease sale 218;CommentsClose CommentsPermalink





(C) as soon as practicable, but not later than 1 year, after the date of enactment of this Act, offshore oil and gas lease sale 220;CommentsClose CommentsPermalink





(D) as soon as practicable after the date of enactment of this Act, but not later than June 1, 2012, offshore oil and gas lease sale 222;CommentsClose CommentsPermalink





(E) not later than September 1, 2012, offshore oil and gas lease sale 209; andCommentsClose CommentsPermalink





(F) not later than December 31, 2012, offshore oil and gas lease sale 212.CommentsClose CommentsPermalink





(2) PROHIBITION ON CONFLICTS WITH MILITARY OPERATIONS- The Secretary shall not make any tract available for leasing under paragraph (1)(C) if the President, acting through the Secretary of Defense, determines that drilling activity on the tract would create an unreasonable conflict with military operations.CommentsClose CommentsPermalink





(3) ENVIRONMENTAL REVIEW- For the purposes of lease sale 193 and each of the lease sales authorized under subparagraphs (A), (B), (D), (E), and (F) of paragraph (1), the Environmental Impact Statement for the 2007-2012 5-Year OCS Plan and the Multi-Sale Environmental Impact Statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink

SEC. 4. APPROVAL OR DENIAL OF DRILLING PERMITS.

(a) Amendment- Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Drilling Permits-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall, by regulation, require that any lessee operating under an approved exploration plan obtain a permit--CommentsClose CommentsPermalink





‘(A) before the lessee drills a well in accordance with the plan; andCommentsClose CommentsPermalink





‘(B) before the lessee significantly modifies the well design originally approved by the Secretary.CommentsClose CommentsPermalink





‘(2) SAFETY REVIEW REQUIRED- The Secretary shall not issue a permit under paragraph (1) until the date on which the Secretary determines that the proposed drilling operations meet all--CommentsClose CommentsPermalink





‘(A) critical safety system requirements (including requirements relating to blowout prevention); andCommentsClose CommentsPermalink





‘(B) oil spill response and containment requirements.CommentsClose CommentsPermalink





‘(3) APPROVAL OR DENIAL OF PERMIT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), not later than 30 days after the date on which the Secretary receives an application for a permit under paragraph (1), the Secretary shall approve or deny the application.CommentsClose CommentsPermalink





‘(B) EXTENSIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary may extend the deadline under subparagraph (A) by an additional 15 days on not more than 2 occasions, if the Secretary provides to the applicant prior written notice of the delay in accordance with clause (ii).CommentsClose CommentsPermalink





‘(ii) NOTICE REQUIREMENTS- The written notice required under clause (i) shall--CommentsClose CommentsPermalink





‘(I) be in the form of a letter from the Secretary or a designee of the Secretary; andCommentsClose CommentsPermalink





‘(II) include the names and titles of the persons processing the application, the specific reasons for the delay, and the date on which a final decision on the application is expected.CommentsClose CommentsPermalink





‘(C) DENIAL- If the Secretary denies an application under subparagraph (A), the Secretary shall provide the applicant--CommentsClose CommentsPermalink





‘(i) written notice that includes--CommentsClose CommentsPermalink





‘(I) a clear and comprehensive description of the reasons for denying the application; andCommentsClose CommentsPermalink





‘(II) detailed information concerning any deficiencies in the application; andCommentsClose CommentsPermalink





‘(ii) an opportunity--CommentsClose CommentsPermalink





‘(I) to address the reasons identified under clause (i)(I); andCommentsClose CommentsPermalink





‘(II) to remedy the deficiencies identified under clause (i)(II).CommentsClose CommentsPermalink





‘(D) FAILURE TO APPROVE OR DENY APPLICATION- If the Secretary has not approved or denied the application by the date that is 60 days after the date on which the application was received by the Secretary, the application shall be considered to be approved.’.CommentsClose CommentsPermalink





(b) Deadline for Certain Permit Applications Under Existing Leases-CommentsClose CommentsPermalink





(1) DEFINITION OF COVERED APPLICATION- In this subsection, the term ‘covered application’ means an application for a permit to drill under an oil and gas lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in effect on the date of enactment of this Act, that--CommentsClose CommentsPermalink





(A) represents a resubmission of an approved permit to drill (including an application for a permit to sidetrack) that was approved by the Secretary before May 27, 2010; andCommentsClose CommentsPermalink





(B) is received by the Secretary after October 12, 2010, and before the end of the 30-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink





(2) IN GENERAL- Notwithstanding the amendment made by subsection (a), a lease under which a covered application is submitted to the Secretary of the Interior shall be considered to be in directed suspension during the period beginning May 27, 2010, and ending on the date on which the Secretary issues a final decision on the application, if the Secretary does not issue a final decision on the application--CommentsClose CommentsPermalink





(A) before the end of the 30-day period beginning on the date of enactment of this Act, in the case of a covered application submitted before the date of enactment of this Act; orCommentsClose CommentsPermalink





(B) before the end of the 30-day period beginning on the date on which the application is received by the Secretary, in the case of a covered application submitted on or after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 5. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES.

(a) Definition of Covered Lease- In this section, the term ‘covered lease’ means each oil and gas lease for the Gulf of Mexico outer Continental Shelf region issued under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) that--CommentsClose CommentsPermalink





(1)(A) was not producing as of April 30, 2010; orCommentsClose CommentsPermalink





(B) was suspended from operations, permit processing, or consideration, in accordance with the moratorium set forth in the Minerals Management Service Notice to Lessees and Operators No. 2010-N04, dated May 30, 2010, or the decision memorandum of the Secretary of the Interior entitled ‘Decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the Outer Continental Shelf’ and dated July 12, 2010; andCommentsClose CommentsPermalink





(2) by the terms of the lease, would expire on or before December 31, 2011.CommentsClose CommentsPermalink





(b) Extension of Covered Leases- The Secretary of the Interior shall extend the term of a covered lease by 1 year.CommentsClose CommentsPermalink





(c) Effect on Suspensions of Operations or Production- The extension of covered leases under this section is in addition to any suspension of operations or suspension of production granted by the Minerals Management Service or Bureau of Ocean Energy Management, Regulation and Enforcement after May 1, 2010.CommentsClose CommentsPermalink

SEC. 6. JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO OUTER CONTINENTAL SHELF ACTIVITIES IN THE GULF OF MEXICO.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) COVERED CIVIL ACTION- The term ‘covered civil action’ means a civil action containing a claim under section 702 of title 5, United States Code, regarding ‘agency action’ (as the term is used in that section) affecting a covered energy project.CommentsClose CommentsPermalink





(2) COVERED ENERGY PROJECT-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘covered energy project’ mean the leasing of Federal land of the outer Continental Shelf (including submerged land) for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy in the Gulf of Mexico, including any action under such a lease.CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘covered energy project’ does not include any disputes between the parties to a lease regarding the obligations under a lease described in subparagraph (A), including regarding any alleged breach of the lease.CommentsClose CommentsPermalink





(b) Exclusive Venue for Certain Civil Actions Relating to Covered Energy Projects in the Gulf of Mexico- Venue for any covered civil action shall be in the United States Court of Appeals for the Fifth Circuit, unless there is no proper venue in any court within the United States Court of Appeals for the Fifth Circuit.CommentsClose CommentsPermalink





(c) Time Limitation on Filing- A covered civil action shall be barred unless the covered civil action is filed not later than the end of the 60-day period beginning on the date of the final Federal agency action to which the covered civil action relates.CommentsClose CommentsPermalink





(d) Expedition in Hearing and Determining the Action- The court shall endeavor to hear and determine any covered civil action as expeditiously as possible.CommentsClose CommentsPermalink





(e) Standard of Review- In any judicial review of a covered civil action--CommentsClose CommentsPermalink





(1) administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct; andCommentsClose CommentsPermalink





(2) the presumption under paragraph (1) may be rebutted only by the preponderance of the evidence contained in the administrative record.CommentsClose CommentsPermalink





(f) Limitation on Prospective Relief- In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that the relief--CommentsClose CommentsPermalink





(1) is narrowly drawn;CommentsClose CommentsPermalink





(2) extends no further than necessary to correct the violation of a legal requirement; andCommentsClose CommentsPermalink





(3) is the least intrusive means necessary to correct that violation.CommentsClose CommentsPermalink





(g) Limitation on Attorneys’ Fees-CommentsClose CommentsPermalink





(1) IN GENERAL- Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, shall not apply to a covered civil action.CommentsClose CommentsPermalink





(2) PROHIBITION- No party to a covered civil action shall receive payment from the Federal Government for attorneys’ fees, expenses, or other court costs.CommentsClose CommentsPermalink

Calendar No. 43CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 953CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To authorize the conduct of certain lease sales in the outer Continental Shelf, to amend the Outer Continental Shelf Lands Act to modify the requirements for exploration, and for other purposes.CommentsClose CommentsPermalink

May 12, 2011CommentsClose CommentsPermalink

Read the second time and placed on the calendarCommentsClose CommentsPermalink