[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5677 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5677

 To amend the Outer Continental Shelf Lands Act and the Federal Water 
Pollution Control Act to modernize and enhance the Federal Government's 
response to oil spills, to improve oversight and regulation of offshore 
                   drilling, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2010

Mr. Young of Florida introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure, and in addition 
to the Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Outer Continental Shelf Lands Act and the Federal Water 
Pollution Control Act to modernize and enhance the Federal Government's 
response to oil spills, to improve oversight and regulation of offshore 
                   drilling, 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 ``Secure All Facilities to Effectively 
Guard the United States Against and Respond to Dangerous Spills Act of 
2010'' or the ``SAFEGUARDS Act of 2010''.

SEC. 2. OIL SPILL RESPONSE PLANS FOR DRILLING ON THE OUTER CONTINENTAL 
              SHELF.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is 
amended by adding at the end the following:

``SEC. 32. OIL SPILL RESPONSE PLAN REQUIREMENTS.

    ``The Secretary may not issue any permit or other authorization for 
exploration for or production of oil and gas under a lease under this 
Act unless an oil spill response plan for the operations of the 
facility on which the activity is conducted has been approved by the 
Secretary of the Department in which the Coast Guard is operating as 
meeting the requirements for such a plan under section 311(j) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)).''.

SEC. 3. APPROVAL OF OIL SPILL RESPONSE PLANS.

    Section 311(j)(5)(A) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)(5)(A)) is amended by adding at the end the following:
            ``(iii) Not later than 180 days after the date of enactment 
        of the SAFEGUARDS Act of 2010, the President shall issue 
        regulations to ensure that an owner or operator of an offshore 
        facility is not in compliance with requirements under this 
        paragraph unless the owner or operator submits the plan 
        required under clause (i) to the Secretary of the Department in 
        which the Coast Guard is operating and the Secretary approves 
        the plan.''.

SEC. 4. CONTAINMENT DEVICE OR BLOWOUT PREVENTER FAILURE.

    Section 311(j)(5)(A)(i) of the Federal Water Pollution Control Act 
(33 U.S.C. 1321(j)(5)(A)(i)) is amended by inserting before the period 
at the end the following: ``, including as the result of an 
uncontrolled or uncontained discharge from a well''.

SEC. 5. WATER QUALITY MONITORING.

    Section 311(d)(2) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(d)(2)) is amended by adding at the end the following:
                    ``(N) Water quality monitoring by the Administrator 
                of waters affected by discharges of oil or other 
                hazardous substances that begins not later than 48 
                hours after such a discharge is reported.''.

SEC. 6. EXTENSION OF DEADLINE FOR REVIEW OF EXPLORATION PLAN.

    Section 11(c)(1) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1340(c)(1)) is amended--
            (1) by striking ``thirty days'' and inserting ``90 days''; 
        and
            (2) by inserting before the last sentence the following: 
        ``The Secretary may extend such 90-day period by 60 days if the 
        Secretary certifies that such extension is necessary to allow 
        adequate consideration of the plan.''.

SEC. 7. NATIONAL INCIDENT COMMANDER.

    Section 311(d)(2)(I) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(d)(2)(I)) is amended by inserting before the period at the 
end the following: ``, which shall include the designation of the 
Commandant of the Coast Guard as the National Incident Commander for 
all activities in response to such a discharge or threat if such a 
discharge or threat affects waters with respect to which the Coast 
Guard is responsible for response efforts under the Plan''.

SEC. 8. CATEGORICAL EXCLUSIONS PROHIBITED.

    Section 11(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1340(c)) is amended by redesignating paragraph (4) as paragraph (5), 
and by inserting after paragraph (3) the following:
    ``(4) An exploration plan submitted under this subsection shall not 
be eligible for a categorical exclusion under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq).''.

SEC. 9. UPDATE OF NATIONAL CONTINGENCY PLAN.

    Not later than 6 months after the date of enactment of this Act, 
and at least every 5 years thereafter, the President shall update the 
National Contingency Plan required under section 311(d) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(d)) and shall ensure that 
each update includes separate response plans for--
            (1) discharges of oil or other hazardous materials into or 
        upon land; and
            (2) discharges of oil or other hazardous materials into or 
        upon water.
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