II 111th CONGRESS 2d Session S. 3497 IN THE SENATE OF THE UNITED STATES June 16, 2010 Mr. Brown of Massachusetts (for himself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Outer Continental Shelf Lands Act to require leases entered into under that Act to include a plan that describes the means and timeline for containment and termination of an ongoing discharge of oil, and for other purposes.

1.

Short title

This Act may be cited as the Oil Spill Prevention and Mitigation Improvement Act of 2010.

2.

Response plans

Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: (q)

Response plans

(1)

In general

Notwithstanding any other provision of this Act, in the case of each lease issued or renewed after the date of enactment of this subsection, the Secretary shall require the incorporation into the lease of a peer-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 lease is to take place. (2)

Technological feasibility

Before determining whether to issue a new lease under paragraph (1), 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. .

3.

Public/private task force on oil spill response and mitigation

(a)

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. (b)

Task Force

As part of the study required under this section, the Secretary shall convene a task force composed of representatives of the private sector, institutions of higher education, and the National Academy of Sciences— (1)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; (2)to assess the adequacy of existing technologies for prevention and responses to deep water oil spills; and (3)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. (c)

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 section, 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.

4.

Study on Federal response to oil spills

(a)

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. (b)

Deepwater Horizon incident

As part of the study required under this section, the Comptroller General of the United States shall assess the extent to which the capabilities and authorities described in subsection (a) 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. (c)

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 section, including any recommendations.