[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5863 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5863

To amend the Outer Continental Shelf Lands Act with regard to oversight 
  and judicial review in connection with offshore oil production and 
                  exploration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2010

Mr. Polis of Colorado introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Outer Continental Shelf Lands Act with regard to oversight 
  and judicial review in connection with offshore oil production and 
                  exploration, 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 ``Oil Pollution Wildlife Protection 
Act''.

SEC. 2. NOTICE OF EXPLORATION AND DEVELOPMENT AND PRODUCTION PLANS.

    (a) Notice of Exploration Plans.--Section 11 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1340) is amended by adding at 
the end the following:
    ``(i) Public Notice.--
            ``(1) The Secretary shall promptly publish notice in the 
        Federal Register of the receipt of any application or plan 
        submitted to the Secretary pursuant to this section, and make 
        electronically available to the public any such applications or 
        plans, except any information that the Secretary determines to 
        be proprietary.
            ``(2) The Secretary shall promptly publish notice in the 
        Federal Register of the Secretary's decision to approve, deny, 
        or modify any application or plan submitted to the Secretary 
        pursuant to this section.''.
    (b) Notice of Development and Production Plans.--Section 25 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended by adding 
at the end the following:
    ``(m) Public Notice.--
            ``(1) The Secretary shall promptly publish notice in the 
        Federal Register of the receipt of any application or plan 
        submitted to the Secretary pursuant to this section, and make 
        electronically available to the public any such applications or 
        plans, except any information that the Secretary determines to 
        be proprietary.
            ``(2) The Secretary shall promptly publish notice in the 
        Federal Register of the Secretary's decision to approve, deny, 
        or modify any plan submitted to the Secretary pursuant to this 
        section.''.

SEC. 3. APPLICATION OF DEVELOPMENT AND PRODUCTION PLAN REQUIREMENTS IN 
              THE GULF OF MEXICO.

    Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1351) is amended--
            (1) by striking ``other than the Gulf of Mexico,'' each 
        place it appears; and
            (2) by striking subsection (l).

SEC. 4. ENSURING COMPLIANCE WITH OTHER LAWS.

    (a) Exploration Plans.--Section 11 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1340) is further amended by adding at the end the 
following:
    ``(j) Certification of Compliance With Other Statutes.--
            ``(1) In general.--The Secretary shall not approve any 
        exploration plan or significant revision of an exploration 
        plan, or grant any license or permit under this section, unless 
        the Secretary certifies that--
                    ``(A) such plan, approval, permit, or license is in 
                compliance with the National Environmental Policy Act 
                (42 U.S.C. 4321 et seq.), Endangered Species Act (16 
                U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 
                U.S.C. 1361 et seq.), Magnuson-Stevens Fisheries 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.), Clean Water Act (33 U.S.C. 1251 et seq.), 
                Coastal Zone Management Act (16 U.S.C. 1451 et seq.), 
                and any other applicable statutes, regulations, and 
                legal authorities; and
                    ``(B) all permits and other authorizations required 
                under such statutes, regulations, and legal authorities 
                have been issued for activities to be conducted under 
                such plan, approval, permit, or license.
            ``(2) Prior consultation required.--Prior to making such 
        certification, the Secretary shall consult with any Federal 
        agency that has jurisdiction by law with respect to those Acts, 
        regulations, and authorities.''.
    (b) Development and Production Plans.--Section 25 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1351) is further amended by 
adding at the end the following:
    ``(n) Certification of Compliance With Other Statutes.--
            ``(1) In general.--The Secretary shall not approve any 
        development and production plan, or a significant revision of a 
        development and production plan, unless the Secretary certifies 
        that--
                    ``(A) such plan, approval, permit, or license is in 
                compliance with the National Environmental Policy Act 
                (42 U.S.C. 4321 et seq.), Endangered Species Act (16 
                U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 
                U.S.C. 1361 et seq.), Magnuson-Stevens Fisheries 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.), Clean Water Act (33 U.S.C. 1251 et seq.), 
                Coastal Zone Management Act (16 U.S.C. 1451 et seq.), 
                and any other applicable law and regulations; and
                    ``(B) all permits and other authorizations required 
                under such statutes, regulations, and legal authorities 
                have been issued for activities to be conducted under 
                such plan, approval, permit, or license.
            ``(2) Prior consultation required.--Prior to making such 
        certification, the Secretary shall consult with any Federal 
        agency that has jurisdiction by law with respect to those Acts 
        or other applicable law and regulations.''.

SEC. 5. CONSULTATION REQUIREMENTS FOR ENDANGERED SPECIES AND FISHERIES.

    Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1346) is amended--
            (1) by striking so much as precedes subsection (a) and 
        inserting the following:

``SEC. 19. CONSULTATION REQUIREMENTS.'';

        and
            (2) by adding at the end the following:
    ``(f) Consultation Requirements for Endangered Species and 
Fisheries.--The Secretary shall treat the notice of any lease sale, and 
the approval of any leasing program, exploration plan or permit, 
development and production plan, or development operation coordination 
document, or the significant revision of such a program, plan, permit, 
or document, as an agency action requiring consultation--
            ``(1) with the Secretary of Commerce or of the Interior 
        pursuant to section 7 of the Endangered Species Act of 1973 (16 
        U.S.C. 1536) for any listed species that occur in the proposed 
        area of activity; and
            ``(2) with the Secretary of Commerce pursuant to section 
        305(b) of the Magnuson-Stevens Fisheries Conservation and 
        Management Act (16 U.S.C. 1855(b)).''.

SEC. 6. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND 
              SUBSISTENCE USE.

    Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1346) is amended by adding at the end the following:
    ``(g) Cumulative Impacts on Marine Mammal Species and Stocks and 
Subsistence Use.--In determining, pursuant to subparagraphs (A)(i) and 
(D)(i) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371(a)(5)), whether takings from specified activities 
administered under this title will have a negligible impact on a marine 
mammal species or stock, and not have an unmitigable adverse impact on 
the availability of such species or stock for taking for subsistence 
uses, the Secretary of Commerce or Interior shall incorporate any 
takings of such species or stock from any other reasonably foreseeable 
activities administered under this Act.''.

SEC. 7. CITIZEN SUITS.

    (a) Additional Authority To Bring Action Under Other Statutes.--
Section 23 of the Outer Continental Shelf Lands Act (43 U.S.C. 1349) is 
amended by adding at the end the following:
    ``(d) Additional Authority To Bring Action Under Other Statutes.--
            ``(1) Authority.--In addition to remedies available under 
        other laws, any person may commence a civil action on the 
        person's own behalf, against the United States and any other 
        subject instrumentality or agency that is alleged to have 
        approved a leasing program, lease sale, exploration plan or 
        permit, or development and production plan, under section 18, 
        8, 10, or 25, respectively--
                    ``(A) without having prepared an environmental 
                impact statement or environmental assessment pursuant 
                to section 102(2)(C) of the National Environmental 
                Policy Act 1969 (42 U.S.C. 4332), consulted with the 
                Secretary of Commerce or Secretary of the Interior 
                pursuant to section 7 of the Endangered Species Act 
                1973 (16 U.S.C. 1536), or consulted with the Secretary 
                of Commerce pursuant to section 305 of the Magnuson-
                Stevens Fisheries Conservation and Management Act (16 
                U.S.C. 1855); or
                    ``(B) without having complied with any other 
                provision of such statutes, the provisions of Act this 
                related to such statutes, or any regulation 
                implementing or issued under their authority of such 
                statutes.
            ``(2) Marine mammal protection act of 1972.--
                    ``(A) In general.--In addition to remedies 
                available under other laws, any person may commence a 
                civil action on the person's own behalf to enjoin any 
                person who is alleged--
                            ``(i) to have failed to obtain proper 
                        authorization, pursuant to subparagraphs (A) 
                        and (D) of section 101(a)(5) of the Marine 
                        Mammal Protection Act of 1972 (16 U.S.C. 
                        1371(a)(5)), prior to commencing an activity 
                        that may take a marine mammal in exploration, 
                        development, or production activities 
                        administered under this Act; or
                            ``(ii) to be in violation of any other 
                        provision of the Marine Mammal Protection Act 
                        of 1972 (16 U.S.C. 1361 et seq.), or any 
                        regulation issued under the authority thereof, 
                        with respect to exploration, development, or 
                        production activities administered under this 
                        Act.
                    ``(B) Intervention; award of costs.--In any action 
                under this paragraph--
                            ``(i) the Attorney General, at the request 
                        of the Secretary or of the Secretary of 
                        Commerce, may intervene on behalf of the United 
                        States as a matter of right; and
                            ``(ii) the court, in issuing any final 
                        order, may award costs of litigation (including 
                        reasonable attorney and expert witness fees) to 
                        any party, whenever the court determines such 
                        award is appropriate.''.
    (b) Time To Bring Action.--Section 23(a) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1349(a)) is amended--
            (1) in paragraph (2)(A)--
                    (A) by striking ``sixty days after the plaintiff 
                has given'' and inserting ``the plaintiff giving''; and
                    (B) by striking ``under oath''; and
            (2) by striking paragraph (3) and redesignating paragraphs 
        (4) through (6) as paragraphs (3) through (5), respectively.
    (c) Review of Approval of Leasing Program and Approval, 
Modification, or Disapproval of Plans.--Section 23(c) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1349(c))--
            (1) in paragraph (1), by inserting after ``District of 
        Columbia'' the following: ``or in a United States court of 
        appeals for a circuit in which an affected State is located'';
            (2) in paragraph (3)--
                    (A) by striking ``paragraphs (1) and (2)'' and 
                inserting ``paragraph (1)''; and
                    (B) by striking ``sixty'' and inserting ``90'';
            (3) in paragraph (5), by striking ``involved'' and 
        inserting ``specified in paragraph (1)''; and
            (4) in paragraph (6), by striking the sentence beginning 
        ``The findings of the Secretary''.
    (d) Nonrestriction Clause.--Nothing in this section shall restrict 
any right that any person (or class of persons) may have under any 
other statute or under common law to seek enforcement of such statute 
or to seek any other relief (including relief against the Secretary or 
other persons).
                                 <all>