I 111th CONGRESS 2d Session H. R. 5868 IN THE HOUSE OF REPRESENTATIVES July 27, 2010 Mr. Hall of New York introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Outer Continental Shelf Lands Act to establish conditions for the issuance of oil and gas leases under that Act to prevent discharges of oil in operations under such leases, and for other purposes.
1.
Short title
This Act may be cited as the Safe Drill Act of 2010.
2.
Findings
The Congress finds the following: (1)The April 20, 2010, explosion and sinking of the mobile offshore drilling unit Deepwater Horizon resulted in the largest discharge of petroleum in the history of the United States. (2)The disaster has cost the Nation tens of billions of dollars in economic damages and widespread devastation of natural resources. (3)For more than three months, tens of thousands of barrels of oil have been discharged into the Gulf of Mexico by the Deepwater Horizon oil spill. (4)Evidence shows that the use of acoustic switches and blowout preventers can greatly reduce the chance of an uncontrolled oil spill. (5)BP p.l.c. has already spent more than $4,000,000,000 in direct response to the Deepwater Horizon oil spill. (6)The total cost of the Deepwater Horizon oil spill will likely soar past the $20,000,000,000 claims fund established by BP p.l.c. for the Deepwater Horizon oil spill. (7)Acoustic switches cost approximately $500,000 per oil well.
3.
conditions for the issuance of new offshore oil and gas leases
Section 8(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(d)) is amended by inserting (1) after (d), and by adding at the end the following new paragraph: (2)The Secretary shall require, as a condition and term of any oil and gas lease under this section, that the lessee certify that the lessee will— (A)use the best available technology for all operations under the lease, including acoustic sensors; and (B)adopt and implement a comprehensive plan to respond to and clean up any discharge of oil occurring in operation under the lease. .
4.
Requirements for existing offshore oil and gas leases
(a)
Best available technology
(1)
Certification requirement
The Secretary of the Interior shall require that each person that on the date of the enactment of this Act holds an oil and gas lease issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) must certify, by not later than 6 months after the date of enactment of this Act, that they use the best available technology in all operations under the lease. (2)
termination of operations
The Secretary— (A)may order such a person to suspend operations if the person has not made the certification required under paragraph (1) by not later than 6 months after the date of enactment of this Act; and (B)shall cancel the lease if the person has not made the certification required under paragraph (1) by not later than 18 months after the date of enactment of this Act. (b)
Comprehensive response plan
(1)
Certification requirement
The Secretary of the Interior shall require that each person that on the date of the enactment of this Act holds an oil and gas lease issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) must certify, by not later than 6 months after the date of enactment of this Act, that they have adopted and implemented a comprehensive plan to respond to and clean up any discharge of oil occurring in operation under the lease. (2)
termination of operations
The Secretary— (A)may order such a person to suspend operations if the person has not made the certification required under paragraph (1) by not later than 6 months after the date of enactment of this Act; and (B)shall cancel the lease if the person has not made the certification required under paragraph (1) by not later than 18 months after the date of enactment of this Act.
5.
Review of blowout preventers, emergency shutoff systems, and other oil discharge prevention technology
Section 5(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(b)) is amended by inserting (1) after (b), and by adding at the end the following new paragraph: (2)The Secretary of the Interior shall— (A)to review blowout preventers, emergency shutoff systems, and other oil discharge prevention technology (including emerging technology) that is or may be used for oil and gas drilling operations under leases under this Act; and (B)revise regulations under this Act governing the use of such technology as necessary based on that review. .