[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 953 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 43
112th CONGRESS
  1st Session
                                 S. 953

     To authorize the conduct of certain lease sales in the outer 
 Continental Shelf, to amend the Outer Continental Shelf Lands Act to 
    modify the requirements for exploration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2011

 Mr. McConnell (for himself, Ms. Murkowski, Mr. Coats, Mr. Corker, Mr. 
Wicker, Mr. Alexander, Mr. Barrasso, Mr. Blunt, Mr. Paul, Mr. Enzi, Mr. 
 Roberts, Mr. Heller, Mr. Isakson, Mr. Moran, Mr. Boozman, Ms. Ayotte, 
  and Mr. Johanns) introduced the following bill; which was read the 
                               first time

                              May 12, 2011

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
     To authorize the conduct of certain lease sales in the outer 
 Continental Shelf, to amend the Outer Continental Shelf Lands Act to 
    modify the requirements for 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 ``Offshore Production and Safety Act 
of 2011''.

SEC. 2. OIL SPILL RESPONSE AND CONTAINMENT.

    (a) Response Plans.--The Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.) is amended by inserting after section 9 the 
following:

``SEC. 10. EXPLORATION PLANS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
in the case of each exploration plan submitted after the date of 
enactment of this Act, the Secretary shall require the incorporation 
into the exploration plan of a third-party 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 exploration plan is to 
take place.
    ``(b) Technological Feasibility.--Before determining whether to 
approve a new exploration plan under subsection (a), 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.''.
    (b) Public/private Task Force on Oil Spill Response and 
Mitigation.--
            (1) 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.
            (2) Task force.--As part of the study required under this 
        subsection, the Secretary shall convene a task force composed 
        of representatives of the private sector, institutions of 
        higher education, and the National Academy of Sciences--
                    (A) 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;
                    (B) to assess the adequacy of existing technologies 
                for prevention and responses to deep water oil spills; 
                and
                    (C) 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.
            (3) 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 subsection, 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.
    (c) Study on Federal Response to Oil Spills.--
            (1) 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.
            (2) Deepwater horizon incident.--As part of the study 
        required under this subsection, the Comptroller General of the 
        United States shall assess the extent to which the capabilities 
        and authorities described in paragraph (1) 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.
            (3) 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 subsection, including 
        any recommendations.

SEC. 3. CONDUCT OF CERTAIN PROPOSED OIL AND GAS LEASE SALES.

    (a) Definitions.--In this section:
            (1) Environment impact statement for the 2007-2012 5-year 
        ocs plan.--The term ``Environmental Impact Statement for the 
        2007-2012 5-Year OCS Plan'' means the Final Environmental 
        Impact Statement for the Outer Continental Shelf Oil and Gas 
        Leasing Program: 2007-2012 prepared by the Secretary and dated 
        April 2007.
            (2) Multi-sale environmental impact statement.--The term 
        ``Multi-Sale Environmental Impact Statement'' means the 
        Environmental Impact Statement for Proposed OCS Oil and Gas 
        Lease Sales 193, 204, 205, 206, 207, 208, 209, 210, 212, 215, 
        and 218, 213, 216, and 222 prepared by the Secretary and dated 
        September 2008.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Requirement to Conduct Certain Proposed Oil and Gas Lease 
Sales.--
            (1) In general.--In accordance with section 8 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1337), the Secretary 
        shall conduct--
                    (A) as soon as practicable, but not later than 120 
                days, after the date of enactment of this Act, offshore 
                oil and gas lease sale 216;
                    (B) as soon as practicable, but not later than 240 
                days, after the date of enactment of this Act, offshore 
                oil and gas lease sale 218;
                    (C) as soon as practicable, but not later than 1 
                year, after the date of enactment of this Act, offshore 
                oil and gas lease sale 220;
                    (D) as soon as practicable after the date of 
                enactment of this Act, but not later than June 1, 2012, 
                offshore oil and gas lease sale 222;
                    (E) not later than September 1, 2012, offshore oil 
                and gas lease sale 209; and
                    (F) not later than December 31, 2012, offshore oil 
                and gas lease sale 212.
            (2) Prohibition on conflicts with military operations.--The 
        Secretary shall not make any tract available for leasing under 
        paragraph (1)(C) if the President, acting through the Secretary 
        of Defense, determines that drilling activity on the tract 
        would create an unreasonable conflict with military operations.
            (3) Environmental review.--For the purposes of lease sale 
        193 and each of the lease sales authorized under subparagraphs 
        (A), (B), (D), (E), and (F) of paragraph (1), the Environmental 
        Impact Statement for the 2007-2012 5-Year OCS Plan and the 
        Multi-Sale Environmental Impact Statement shall be considered 
        to satisfy the requirements of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 4. APPROVAL OR DENIAL OF DRILLING PERMITS.

    (a) Amendment.--Section 11 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1340) is amended by striking subsection (d) and inserting 
the following:
    ``(d) Drilling Permits.--
            ``(1) In general.--The Secretary shall, by regulation, 
        require that any lessee operating under an approved exploration 
        plan obtain a permit--
                    ``(A) before the lessee drills a well in accordance 
                with the plan; and
                    ``(B) before the lessee significantly modifies the 
                well design originally approved by the Secretary.
            ``(2) Safety review required.--The Secretary shall not 
        issue a permit under paragraph (1) until the date on which the 
        Secretary determines that the proposed drilling operations meet 
        all--
                    ``(A) critical safety system requirements 
                (including requirements relating to blowout 
                prevention); and
                    ``(B) oil spill response and containment 
                requirements.
            ``(3) Approval or denial of permit.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 30 days after the date on which the 
                Secretary receives an application for a permit under 
                paragraph (1), the Secretary shall approve or deny the 
                application.
                    ``(B) Extensions.--
                            ``(i) In general.--The Secretary may extend 
                        the deadline under subparagraph (A) by an 
                        additional 15 days on not more than 2 
                        occasions, if the Secretary provides to the 
                        applicant prior written notice of the delay in 
                        accordance with clause (ii).
                            ``(ii) Notice requirements.--The written 
                        notice required under clause (i) shall--
                                    ``(I) be in the form of a letter 
                                from the Secretary or a designee of the 
                                Secretary; and
                                    ``(II) include the names and titles 
                                of the persons processing the 
                                application, the specific reasons for 
                                the delay, and the date on which a 
                                final decision on the application is 
                                expected.
                    ``(C) Denial.--If the Secretary denies an 
                application under subparagraph (A), the Secretary shall 
                provide the applicant--
                            ``(i) written notice that includes--
                                    ``(I) a clear and comprehensive 
                                description of the reasons for denying 
                                the application; and
                                    ``(II) detailed information 
                                concerning any deficiencies in the 
                                application; and
                            ``(ii) an opportunity--
                                    ``(I) to address the reasons 
                                identified under clause (i)(I); and
                                    ``(II) to remedy the deficiencies 
                                identified under clause (i)(II).
                    ``(D) Failure to approve or deny application.--If 
                the Secretary has not approved or denied the 
                application by the date that is 60 days after the date 
                on which the application was received by the Secretary, 
                the application shall be considered to be approved.''.
    (b) Deadline for Certain Permit Applications Under Existing 
Leases.--
            (1) Definition of covered application.--In this subsection, 
        the term ``covered application'' means an application for a 
        permit to drill under an oil and gas lease under the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in effect 
        on the date of enactment of this Act, that--
                    (A) represents a resubmission of an approved permit 
                to drill (including an application for a permit to 
                sidetrack) that was approved by the Secretary before 
                May 27, 2010; and
                    (B) is received by the Secretary after October 12, 
                2010, and before the end of the 30-day period beginning 
                on the date of enactment of this Act.
            (2) In general.--Notwithstanding the amendment made by 
        subsection (a), a lease under which a covered application is 
        submitted to the Secretary of the Interior shall be considered 
        to be in directed suspension during the period beginning May 
        27, 2010, and ending on the date on which the Secretary issues 
        a final decision on the application, if the Secretary does not 
        issue a final decision on the application--
                    (A) before the end of the 30-day period beginning 
                on the date of enactment of this Act, in the case of a 
                covered application submitted before the date of 
                enactment of this Act; or
                    (B) before the end of the 30-day period beginning 
                on the date on which the application is received by the 
                Secretary, in the case of a covered application 
                submitted on or after the date of enactment of this 
                Act.

SEC. 5. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES.

    (a) Definition of Covered Lease.--In this section, the term 
``covered lease'' means each oil and gas lease for the Gulf of Mexico 
outer Continental Shelf region issued under section 8 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337) that--
            (1)(A) was not producing as of April 30, 2010; or
            (B) was suspended from operations, permit processing, or 
        consideration, in accordance with the moratorium set forth in 
        the Minerals Management Service Notice to Lessees and Operators 
        No. 2010-N04, dated May 30, 2010, or the decision memorandum of 
        the Secretary of the Interior entitled ``Decision memorandum 
        regarding the suspension of certain offshore permitting and 
        drilling activities on the Outer Continental Shelf'' and dated 
        July 12, 2010; and
            (2) by the terms of the lease, would expire on or before 
        December 31, 2011.
    (b) Extension of Covered Leases.--The Secretary of the Interior 
shall extend the term of a covered lease by 1 year.
    (c) Effect on Suspensions of Operations or Production.--The 
extension of covered leases under this section is in addition to any 
suspension of operations or suspension of production granted by the 
Minerals Management Service or Bureau of Ocean Energy Management, 
Regulation and Enforcement after May 1, 2010.

SEC. 6. JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO OUTER CONTINENTAL 
              SHELF ACTIVITIES IN THE GULF OF MEXICO.

    (a) Definitions.--In this section:
            (1) Covered civil action.--The term ``covered civil 
        action'' means a civil action containing a claim under section 
        702 of title 5, United States Code, regarding ``agency action'' 
        (as the term is used in that section) affecting a covered 
        energy project.
            (2) Covered energy project.--
                    (A) In general.--The term ``covered energy 
                project'' mean the leasing of Federal land of the outer 
                Continental Shelf (including submerged land) for the 
                exploration, development, production, processing, or 
                transmission of oil, natural gas, wind, or any other 
                source of energy in the Gulf of Mexico, including any 
                action under such a lease.
                    (B) Exclusions.--The term ``covered energy 
                project'' does not include any disputes between the 
                parties to a lease regarding the obligations under a 
                lease described in subparagraph (A), including 
                regarding any alleged breach of the lease.
    (b) Exclusive Venue for Certain Civil Actions Relating to Covered 
Energy Projects in the Gulf of Mexico.--Venue for any covered civil 
action shall be in the United States Court of Appeals for the Fifth 
Circuit, unless there is no proper venue in any court within the United 
States Court of Appeals for the Fifth Circuit.
    (c) Time Limitation on Filing.--A covered civil action shall be 
barred unless the covered civil action is filed not later than the end 
of the 60-day period beginning on the date of the final Federal agency 
action to which the covered civil action relates.
    (d) Expedition in Hearing and Determining the Action.--The court 
shall endeavor to hear and determine any covered civil action as 
expeditiously as possible.
    (e) Standard of Review.--In any judicial review of a covered civil 
action--
            (1) administrative findings and conclusions relating to the 
        challenged Federal action or decision shall be presumed to be 
        correct; and
            (2) the presumption under paragraph (1) may be rebutted 
        only by the preponderance of the evidence contained in the 
        administrative record.
    (f) Limitation on Prospective Relief.--In a covered civil action, 
the court shall not grant or approve any prospective relief unless the 
court finds that the relief--
            (1) is narrowly drawn;
            (2) extends no further than necessary to correct the 
        violation of a legal requirement; and
            (3) is the least intrusive means necessary to correct that 
        violation.
    (g) Limitation on Attorneys' Fees.--
            (1) In general.--Sections 504 of title 5, United States 
        Code, and 2412 of title 28, United States Code, shall not apply 
        to a covered civil action.
            (2) Prohibition.--No party to a covered civil action shall 
        receive payment from the Federal Government for attorneys' 
        fees, expenses, or other court costs.
                                                        Calendar No. 43

112th CONGRESS

  1st Session

                                 S. 953

_______________________________________________________________________

                                 A BILL

     To authorize the conduct of certain lease sales in the outer 
 Continental Shelf, to amend the Outer Continental Shelf Lands Act to 
    modify the requirements for exploration, and for other purposes.

_______________________________________________________________________

                              May 12, 2011

            Read the second time and placed on the calendar