[Congressional Record Volume 157, Number 65 (Thursday, May 12, 2011)]
[Senate]
[Pages S2931-S2932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS ON MAY 11, 2011

      By Mr. McCONNELL:
  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; 
read the first time.
  Mr. McCONNELL. 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. 953

       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.--

[[Page S2932]]

       ``(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.

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