I 112th CONGRESS 1st Session H. R. 1664 IN THE HOUSE OF REPRESENTATIVES April 15, 2011 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.

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 2011 or the SAFEGUARDS Act of 2011.

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:

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)).

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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 2011, 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. .

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.

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. .

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..

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.

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.). .

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.