[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S907-S908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida:
  S. 405. A bill to amend the Outer Continental Shelf Lands Act to 
provide a requirement for certain lessees, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. NELSON of Florida. Mr. President, for years, I have fought to 
keep oil rigs off the coast of Florida--both in federal waters and 
Cuban waters. As we've seen, an oil spill even hundreds of miles away 
from Florida can send the black stuff onto our beaches and close our 
fishing grounds. Risky exploration close to our shores endangers 
Florida's marine environment and tourism as well as our national 
security.
  Yet we know that drilling just a mere 45 miles off Florida's coast is 
possible and is coming from the behest of Cuba's communist regime. For 
years the Castros have been eager to develop undiscovered offshore oil 
resources, and have already started leasing off different plots of 
land. Later this year, the Spanish oil company Repsol, in a consortium 
with oil companies from Norway, India, Italy and others, is expected to 
drill a deepwater exploratory well roughly 20 miles northeast of 
Havana--right in the midst of currents that run up the eastern 
seaboard. The U.S. Geological Survey estimates that the North Cuba 
Basin could contain over four and a half billion barrels of recoverable 
crude oil.
  We now find ourselves in a grim situation. Over the past several 
years, I have asked both Republican and Democratic administrations to 
withdraw the diplomatic letters that we exchange with Cuba every 2 
years. This exchange of letters is the only thing enforcing the 1977 
Maritime Boundary Agreement, which has never been ratified by the U.S. 
Senate. Though I have consistently advocated against this boundary 
agreement, our presidents have disagreed. It seems that oil exploration 
in waters that are essentially our backyard is imminent.
  So today I'm introducing the Gulf Stream Protection Act of 2011, 
which will protect the economy and environment of Florida. This 
legislation will require federal agencies to safeguard our shores by 
preparing for another devastating spill like the Deepwater Horizon that 
occurred less than a year ago--but this time in Cuban waters. If a 
company that's drilling in Cuba wants to lease drilling rights in the 
United States, this bill will require them to first prove that they 
have a sufficient oil spill response plan and the resources to address 
a spill in both Cuban and U.S. waters. Additionally this bill directs 
the Department of Interior--in consultation with the Department of 
State--to provide recommendations to Congress on a multinational 
agreement for spill response, not unlike what was suggested by the 
Spill Commission chaired by Senator Bob Graham and Bill Reilly.
  We have seen what oil spills have done in other parts of the country 
and around the world. If oil spilled from a well in the North Cuba 
Basin, it would coat popular South Atlantic beaches like Miami and West 
Palm. I am not prepared to take chances with Florida's coral reefs and 
other marine life, nor with the livelihoods of millions of Floridians 
who depend on tourism for their economic well-being.
  That is why I believe that in addition to my responsibility to deter 
exploration and drilling off Florida's coastline, I also have a 
responsibility to ensure that we are prepared for the worst-case 
scenario: an oil spill from a foreign rig in Cuban waters. I hope my 
colleagues will join me in supporting this commonsense legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 405

       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 ``Gulf Stream Protection Act 
     of 2011''.

     SEC. 2. REQUIREMENT FOR CERTAIN DUAL LESSEES.

       Section 8(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337(a)) is amended by adding at the end the 
     following:
       ``(9) Requirement for Certain Lessees.--If a bidder for an 
     oil or gas lease under this subsection is conducting oil and 
     gas operations off the coast of Cuba, the Secretary shall not 
     grant an oil or gas lease to the bidder unless the bidder 
     submits to the Secretary--
       ``(A) a Cuban oil spill response plan, which shall include 
     1 or more worst-case-scenario oil discharge plans; and
       ``(B) evidence that the bidder has sufficient financial 
     resources and other resources necessary for a cleanup effort, 
     as determined by the Secretary, to respond to a worst case 
     scenario oil discharge in Cuba that occurs in, or would 
     impact, the waters of the United States.''.

     SEC. 3. NONDOMESTIC GULF OIL SPILL RESPONSE PLAN.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     carry out an oil spill risk analysis and planning process for 
     the development and implementation of oil spill response 
     plans for nondomestic oil spills in the Gulf of Mexico.
       (b) Requirements.--In developing plans under subsection 
     (a), the Secretary shall--
       (1) consult with the heads of other Federal agencies with 
     relevant scientific and operational expertise to verify that 
     holders of oil and gas leases can conduct any response and 
     containment operations provided for in the plans;
       (2) ensure that all critical information and spill 
     scenarios are included in the plans, including oil spill 
     containment and control methods to ensure that holders of oil 
     and gas leased can conduct the operations provided for in the 
     plans;
       (3) ensure that the plans include shared international 
     standards for natural resource extraction activities;
       (4) in consultation with the Secretary of State, to the 
     maximum extent practicable, include recommendations for 
     Congress on a joint contingency plan with the countries of 
     Mexico, Cuba, and the Bahamas to ensure an adequate response 
     to oil spills located in the eastern Gulf of Mexico; and
       (5) to the maximum extent practicable, ensure that the 
     contingency plan described in paragraph (4) contains a 
     description of the organization and logistics of a response 
     team for each country described in that paragraph (including 
     each applicable Federal and State agency).
       (c) Modeling of Cuban Waters.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Administrator of the National 
     Oceanic and Atmospheric Administration shall conduct modeling 
     of the Cuban waters.
       (2) Use of modeling.--For purposes of developing the plans 
     required under subsection (a), the Secretary shall take into 
     account any modeling data collected under paragraph (1).
       (d) Verification Process.--The Secretary may conduct a 
     verification process to ensure that any companies operating 
     in the United States that are conducting drilling operations 
     off the coast of Cuba are subject to

[[Page S908]]

     standards that are as stringent as the standards under the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
                                 ______