I 

111TH CONGRESS 

2D SESSION H. R. 5863 

To amend the Outer Continental Shelf Lands Act with regard to oversight 

and judicial review in connection with offshore oil production and exploration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2010 

Mr. POLIS of Colorado introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Outer Continental Shelf Lands Act with regard to oversight and judicial review in connection with 

offshore oil production and exploration, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Oil Pollution Wildlife 

5 Protection Act’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 5863 IH

1 SEC. 2. NOTICE OF EXPLORATION AND DEVELOPMENT AND 

2 PRODUCTION PLANS. 

3 (a) NOTICE OF EXPLORATION PLANS.—Section 11 of 

4 the Outer Continental Shelf Lands Act (43 U.S.C. 1340) 

5 is amended by adding at the end the following: 

6 ‘‘(i) PUBLIC NOTICE.— 

7 ‘‘(1) The Secretary shall promptly publish no8 tice in the Federal Register of the receipt of any ap9 plication or plan submitted to the Secretary pursu10 ant to this section, and make electronically available 

11 to the public any such applications or plans, except 

12 any information that the Secretary determines to be 

13 proprietary. 

14 ‘‘(2) The Secretary shall promptly publish no15 tice in the Federal Register of the Secretary’s deci16 sion to approve, deny, or modify any application or 

17 plan submitted to the Secretary pursuant to this sec18 tion.’’. 

19 (b) NOTICE OF DEVELOPMENT AND PRODUCTION

20 PLANS.—Section 25 of the Outer Continental Shelf Lands 

21 Act (43 U.S.C. 1351) is amended by adding at the end 

22 the following: 

23 ‘‘(m) PUBLIC NOTICE.— 

24 ‘‘(1) The Secretary shall promptly publish no25 tice in the Federal Register of the receipt of any ap26 plication or plan submitted to the Secretary pursuVerDate Mar 15 2010 22:05 Jul 27, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5863.IH H5863

rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 5863 IH

1 ant to this section, and make electronically available 

2 to the public any such applications or plans, except 

3 any information that the Secretary determines to be 

4 proprietary. 

5 ‘‘(2) The Secretary shall promptly publish no6 tice in the Federal Register of the Secretary’s deci7 sion to approve, deny, or modify any plan submitted 

8 to the Secretary pursuant to this section.’’. 

9 SEC. 3. APPLICATION OF DEVELOPMENT AND PRODUCTION 

10 PLAN REQUIREMENTS IN THE GULF OF MEX11 ICO. 

12 Section 25 of the Outer Continental Shelf Lands Act 

13 (43 U.S.C. 1351) is amended— 

14 (1) by striking ‘‘other than the Gulf of Mexico,’’ 

15 each place it appears; and 

16 (2) by striking subsection (l). 

17 SEC. 4. ENSURING COMPLIANCE WITH OTHER LAWS. 

18 (a) EXPLORATION PLANS.—Section 11 of the Outer 

19 Continental Shelf Lands Act (43 U.S.C. 1340) is further 

20 amended by adding at the end the following: 

21 ‘‘(j) CERTIFICATION OF COMPLIANCE WITH OTHER

22 STATUTES.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall not ap24 prove any exploration plan or significant revision of 

25 an exploration plan, or grant any license or permit 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

•HR 5863 IH

1 under this section, unless the Secretary certifies 

2 that— 

3 ‘‘(A) such plan, approval, permit, or license 

4 is in compliance with the National Environ5 mental Policy Act (42 U.S.C. 4321 et seq.), 

6 Endangered Species Act (16 U.S.C. 1531 et 

7 seq.), Marine Mammal Protection Act (16 

8 U.S.C. 1361 et seq.), Magnuson-Stevens Fish9 eries Conservation and Management Act (16 

10 U.S.C. 1801 et seq.), Clean Water Act (33 

11 U.S.C. 1251 et seq.), Coastal Zone Manage12 ment Act (16 U.S.C. 1451 et seq.), and any 

13 other applicable statutes, regulations, and legal 

14 authorities; and 

15 ‘‘(B) all permits and other authorizations 

16 required under such statutes, regulations, and 

17 legal authorities have been issued for activities 

18 to be conducted under such plan, approval, per19 mit, or license. 

20 ‘‘(2) PRIOR CONSULTATION REQUIRED.—Prior 

21 to making such certification, the Secretary shall con22 sult with any Federal agency that has jurisdiction by 

23 law with respect to those Acts, regulations, and au24 thorities.’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
5 

•HR 5863 IH

1 (b) DEVELOPMENT AND PRODUCTION PLANS.—Sec2 tion 25 of the Outer Continental Shelf Lands Act (43 

3 U.S.C. 1351) is further amended by adding at the end 

4 the following: 

5 ‘‘(n) CERTIFICATION OF COMPLIANCE WITH OTHER

6 STATUTES.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall not ap8 prove any development and production plan, or a 

9 significant revision of a development and production 

10 plan, unless the Secretary certifies that— 

11 ‘‘(A) such plan, approval, permit, or license 

12 is in compliance with the National Environ13 mental Policy Act (42 U.S.C. 4321 et seq.), 

14 Endangered Species Act (16 U.S.C. 1531 et 

15 seq.), Marine Mammal Protection Act (16 

16 U.S.C. 1361 et seq.), Magnuson-Stevens Fish17 eries Conservation and Management Act (16 

18 U.S.C. 1801 et seq.), Clean Water Act (33 

19 U.S.C. 1251 et seq.), Coastal Zone Manage20 ment Act (16 U.S.C. 1451 et seq.), and any 

21 other applicable law and regulations; and 

22 ‘‘(B) all permits and other authorizations 

23 required under such statutes, regulations, and 

24 legal authorities have been issued for activities 


rfrederick on DSKD9S0YB1PROD with BILLS
6 

•HR 5863 IH

1 to be conducted under such plan, approval, per2 mit, or license. 

3 ‘‘(2) PRIOR CONSULTATION REQUIRED.—Prior 

4 to making such certification, the Secretary shall con5 sult with any Federal agency that has jurisdiction by 

6 law with respect to those Acts or other applicable 

7 law and regulations.’’. 

8 SEC. 5. CONSULTATION REQUIREMENTS FOR ENDANGERED 

9 SPECIES AND FISHERIES. 

10 Section 19 of the Outer Continental Shelf Lands Act 

11 (43 U.S.C. 1346) is amended— 

12 (1) by striking so much as precedes subsection 

13 (a) and inserting the following: 

14 ‘‘SEC. 19. CONSULTATION REQUIREMENTS.’’; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(f) CONSULTATION REQUIREMENTS FOR ENDAN18 GERED SPECIES AND FISHERIES.—The Secretary shall 

19 treat the notice of any lease sale, and the approval of any 

20 leasing program, exploration plan or permit, development 

21 and production plan, or development operation coordina22 tion document, or the significant revision of such a pro23 gram, plan, permit, or document, as an agency action re24 quiring consultation— 


rfrederick on DSKD9S0YB1PROD with BILLS
7 

•HR 5863 IH

1 ‘‘(1) with the Secretary of Commerce or of the 

2 Interior pursuant to section 7 of the Endangered 

3 Species Act of 1973 (16 U.S.C. 1536) for any listed 

4 species that occur in the proposed area of activity; 

5 and 

6 ‘‘(2) with the Secretary of Commerce pursuant 

7 to section 305(b) of the Magnuson-Stevens Fisheries 

8 Conservation and Management Act (16 U.S.C. 

9 1855(b)).’’. 

10 SEC. 6. CUMULATIVE IMPACTS ON MARINE MAMMAL SPE11 CIES AND STOCKS AND SUBSISTENCE USE. 

12 Section 20 of the Outer Continental Shelf Lands Act 

13 (43 U.S.C. 1346) is amended by adding at the end the 

14 following: 

15 ‘‘(g) CUMULATIVE IMPACTS ON MARINE MAMMAL

16 SPECIES AND STOCKS AND SUBSISTENCE USE.—In deter17 mining, pursuant to subparagraphs (A)(i) and (D)(i) of 

18 section 101(a)(5) of the Marine Mammal Protection Act 

19 of 1972 (16 U.S.C. 1371(a)(5)), whether takings from 

20 specified activities administered under this title will have 

21 a negligible impact on a marine mammal species or stock, 

22 and not have an unmitigable adverse impact on the avail23 ability of such species or stock for taking for subsistence 

24 uses, the Secretary of Commerce or Interior shall incor25 porate any takings of such species or stock from any other 


rfrederick on DSKD9S0YB1PROD with BILLS
8 

•HR 5863 IH

1 reasonably foreseeable activities administered under this 

2 Act.’’. 

3 SEC. 7. CITIZEN SUITS. 

4 (a) ADDITIONAL AUTHORITY TO BRING ACTION

5 UNDER OTHER STATUTES.—Section 23 of the Outer Con6 tinental Shelf Lands Act (43 U.S.C. 1349) is amended 

7 by adding at the end the following: 

8 ‘‘(d) ADDITIONAL AUTHORITY TO BRING ACTION

9 UNDER OTHER STATUTES.— 

10 ‘‘(1) AUTHORITY.—In addition to remedies 

11 available under other laws, any person may com12 mence a civil action on the person’s own behalf, 

13 against the United States and any other subject in14 strumentality or agency that is alleged to have ap15 proved a leasing program, lease sale, exploration 

16 plan or permit, or development and production plan, 

17 under section 18, 8, 10, or 25, respectively— 

18 ‘‘(A) without having prepared an environ19 mental impact statement or environmental as20 sessment pursuant to section 102(2)(C) of the 

21 National Environmental Policy Act 1969 (42 

22 U.S.C. 4332), consulted with the Secretary of 

23 Commerce or Secretary of the Interior pursuant 

24 to section 7 of the Endangered Species Act 

25 1973 (16 U.S.C. 1536), or consulted with the 


rfrederick on DSKD9S0YB1PROD with BILLS
9 

•HR 5863 IH

1 Secretary of Commerce pursuant to section 305 

2 of the Magnuson-Stevens Fisheries Conserva3 tion and Management Act (16 U.S.C. 1855); or 

4 ‘‘(B) without having complied with any 

5 other provision of such statutes, the provisions 

6 of Act this related to such statutes, or any reg7 ulation implementing or issued under their au8 thority of such statutes. 

9 ‘‘(2) MARINE MAMMAL PROTECTION ACT OF

10 1972.— 

11 ‘‘(A) IN GENERAL.—In addition to rem12 edies available under other laws, any person 

13 may commence a civil action on the person’s 

14 own behalf to enjoin any person who is al15 leged— 

16 ‘‘(i) to have failed to obtain proper 

17 authorization, pursuant to subparagraphs 

18 (A) and (D) of section 101(a)(5) of the 

19 Marine Mammal Protection Act of 1972 

20 (16 U.S.C. 1371(a)(5)), prior to com21 mencing an activity that may take a ma22 rine mammal in exploration, development, 

23 or production activities administered under 

24 this Act; or 


rfrederick on DSKD9S0YB1PROD with BILLS
10 

•HR 5863 IH

1 ‘‘(ii) to be in violation of any other 

2 provision of the Marine Mammal Protec3 tion Act of 1972 (16 U.S.C. 1361 et seq.), 

4 or any regulation issued under the author5 ity thereof, with respect to exploration, de6 velopment, or production activities admin7 istered under this Act. 

8 ‘‘(B) INTERVENTION; AWARD OF COSTS.— 

9 In any action under this paragraph— 

10 ‘‘(i) the Attorney General, at the re11 quest of the Secretary or of the Secretary 

12 of Commerce, may intervene on behalf of 

13 the United States as a matter of right; and 

14 ‘‘(ii) the court, in issuing any final 

15 order, may award costs of litigation (in16 cluding reasonable attorney and expert wit17 ness fees) to any party, whenever the court 

18 determines such award is appropriate.’’. 

19 (b) TIME TO BRING ACTION.—Section 23(a) of the 

20 Outer Continental Shelf Lands Act (43 U.S.C. 1349(a)) 

21 is amended— 

22 (1) in paragraph (2)(A)— 

23 (A) by striking ‘‘sixty days after the plain24 tiff has given’’ and inserting ‘‘the plaintiff giv25 ing’’; and 


rfrederick on DSKD9S0YB1PROD with BILLS
11 

•HR 5863 IH

1 (B) by striking ‘‘under oath’’; and 

2 (2) by striking paragraph (3) and redesignating 

3 paragraphs (4) through (6) as paragraphs (3) 

4 through (5), respectively. 

5 (c) REVIEW OF APPROVAL OF LEASING PROGRAM

6 AND APPROVAL, MODIFICATION, OR DISAPPROVAL OF

7 PLANS.—Section 23(c) of the Outer Continental Shelf 

8 Lands Act (43 U.S.C. 1349(c))— 

9 (1) in paragraph (1), by inserting after ‘‘Dis10 trict of Columbia’’ the following: ‘‘or in a United 

11 States court of appeals for a circuit in which an af12 fected State is located’’; 

13 (2) in paragraph (3)— 

14 (A) by striking ‘‘paragraphs (1) and (2)’’ 

15 and inserting ‘‘paragraph (1)’’; and 

16 (B) by striking ‘‘sixty’’ and inserting ‘‘90’’; 

17 (3) in paragraph (5), by striking ‘‘involved’’ 

18 and inserting ‘‘specified in paragraph (1)’’; and 

19 (4) in paragraph (6), by striking the sentence 

20 beginning ‘‘The findings of the Secretary’’. 

21 (d) NONRESTRICTION CLAUSE.—Nothing in this sec22 tion shall restrict any right that any person (or class of 

23 persons) may have under any other statute or under com24 mon law to seek enforcement of such statute or to seek 


rfrederick on DSKD9S0YB1PROD with BILLS
12 

•HR 5863 IH

1 any other relief (including relief against the Secretary or 

2 other persons). 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS