I 111th CONGRESS 2d Session H. R. 5657 IN THE HOUSE OF REPRESENTATIVES June 30, 2010 Mr. Quigley introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Outer Continental Shelf Lands Act to ensure that protection of the marine and coastal environment is of primary importance in making areas of the outer Continental Shelf available for leasing, exploration, and development rather than expeditious development of oil and gas resources, to prohibit oil and gas leasing, exploration, and development in important ecological areas of the outer Continental Shelf, and for other purposes.

1.

Protective approach to oil and gas leasing, exploration, and development on the outer Continental Shelf

(a)

Revised national outer Continental Shelf policy

Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended by striking paragraph (3) and inserting the following new paragraph: (3)while the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, any leasing, exploration, or development of the outer Continental Shelf necessarily impacts the marine environment and coastal environment, so the protection and maintenance (and, when necessary, restoration) of the marine environment and coastal environment is of primary importance and leasing, exploration, or development of the outer Continental Shelf will be authorized in limited areas only when sound science shows that such activities can proceed with minimal risk to the health of the marine environment and coastal environment. . (b)

Protective mandate

Such section is further amended— (1)by inserting (a) Declaration of policy.— before It is hereby declared; and (2)by adding at the end the following new subsection: (b)

Protective approach to leasing, exploration, and development

The leasing, exploration, and development of oil and gas resources of the outer Continental Shelf may be authorized only if— (1)the Secretary has a thorough understanding of the marine environment and coastal environment impacted by the activity and an environmental baseline, the risks of exploration or development, and the potential consequences of accidents and other emergencies; and (2)the Secretary determines, on the basis of sound science, that risks are minimal, rigorous safety measures are in place and will be enforced, and there is a demonstrated ability to mount an effective response to accidents in real-world conditions. .

2.

Prohibition on oil and gas activities in important ecological areas of outer Continental Shelf

Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended— (1)in subsection (a)(2)(A), by inserting subject to subsection (i), before existing; and (2)by adding at the end the following new subsection: (i)The Secretary may not approve for inclusion in an oil and gas leasing program under this section any area of the outer Continental Shelf that, by itself or in a network, has distinguishing ecological characteristics, is important for maintaining habitat heterogeneity or the viability of a species, or contributes disproportionately to the health of an ecosystem, including its biodiversity, function, structure, or resilience. In designating an important ecological area of outer Continental Shelf, the Secretary should give particular consideration to— (1)areas of high productivity or diversity; (2)areas that are important for feeding, migration, or the lifecycle of species; and (3)areas of biogenic habitat, structure forming habitat, or habitat for endangered or threatened species. .