I 

111TH CONGRESS 

2D SESSION H. R. 5677 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2010 

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 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 ‘‘Secure All Facilities 

5 to Effectively Guard the United States Against and ReVerDate Mar 15 2010 02:52 Jul 03, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5677.IH H5677

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1 spond to Dangerous Spills Act of 2010’’ or the ‘‘SAFE2 GUARDS Act of 2010’’. 

3 SEC. 2. OIL SPILL RESPONSE PLANS FOR DRILLING ON THE 

4 OUTER CONTINENTAL SHELF. 

5 The Outer Continental Shelf Lands Act (43 U.S.C. 

6 1331 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 32. OIL SPILL RESPONSE PLAN REQUIREMENTS. 

9 ‘‘The Secretary may not issue any permit or other 

10 authorization for exploration for or production of oil and 

11 gas under a lease under this Act unless an oil spill re12 sponse plan for the operations of the facility on which the 

13 activity is conducted has been approved by the Secretary 

14 of the Department in which the Coast Guard is operating 

15 as meeting the requirements for such a plan under section 

16 311(j) of the Federal Water Pollution Control Act (33 

17 U.S.C. 1321(j)).’’. 

18 SEC. 3. APPROVAL OF OIL SPILL RESPONSE PLANS. 

19 Section 311(j)(5)(A) of the Federal Water Pollution 

20 Control Act (33 U.S.C. 1321(j)(5)(A)) is amended by add21 ing at the end the following: 

22 ‘‘(iii) Not later than 180 days after the date of 

23 enactment of the SAFEGUARDS Act of 2010, the 

24 President shall issue regulations to ensure that an 

25 owner or operator of an offshore facility is not in 


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1 compliance with requirements under this paragraph 

2 unless the owner or operator submits the plan re3 quired under clause (i) to the Secretary of the De4 partment in which the Coast Guard is operating and 

5 the Secretary approves the plan.’’. 

6 SEC. 4. CONTAINMENT DEVICE OR BLOWOUT PREVENTER 

7 FAILURE. 

8 Section 311(j)(5)(A)(i) of the Federal Water Pollu9 tion Control Act (33 U.S.C. 1321(j)(5)(A)(i)) is amended 

10 by inserting before the period at the end the following: 

11 ‘‘, including as the result of an uncontrolled or uncon12 tained discharge from a well’’. 

13 SEC. 5. WATER QUALITY MONITORING. 

14 Section 311(d)(2) of the Federal Water Pollution 

15 Control Act (33 U.S.C. 1321(d)(2)) is amended by adding 

16 at the end the following: 

17 ‘‘(N) Water quality monitoring by the Ad18 ministrator of waters affected by discharges of 

19 oil or other hazardous substances that begins 

20 not later than 48 hours after such a discharge 

21 is reported.’’. 

22 SEC. 6. EXTENSION OF DEADLINE FOR REVIEW OF EXPLO23 RATION PLAN. 

24 Section 11(c)(1) of the Outer Continental Shelf 

25 Lands Act (43 U.S.C. 1340(c)(1)) is amended— 


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1 (1) by striking ‘‘thirty days’’ and inserting ‘‘90 

2 days’’; and 

3 (2) by inserting before the last sentence the fol4 lowing: ‘‘The Secretary may extend such 90-day pe5 riod by 60 days if the Secretary certifies that such 

6 extension is necessary to allow adequate consider7 ation of the plan.’’. 

8 SEC. 7. NATIONAL INCIDENT COMMANDER. 

9 Section 311(d)(2)(I) of the Federal Water Pollution 

10 Control Act (33 U.S.C. 1321(d)(2)(I)) is amended by in11 serting before the period at the end the following: ‘‘, which 

12 shall include the designation of the Commandant of the 

13 Coast Guard as the National Incident Commander for all 

14 activities in response to such a discharge or threat if such 

15 a discharge or threat affects waters with respect to which 

16 the Coast Guard is responsible for response efforts under 

17 the Plan’’. 

18 SEC. 8. CATEGORICAL EXCLUSIONS PROHIBITED. 

19 Section 11(c) of the Outer Continental Shelf Lands 

20 Act (43 U.S.C. 1340(c)) is amended by redesignating 

21 paragraph (4) as paragraph (5), and by inserting after 

22 paragraph (3) the following: 

23 ‘‘(4) An exploration plan submitted under this sub24 section shall not be eligible for a categorical exclusion 


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1 under the National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq).’’. 

3 SEC. 9. UPDATE OF NATIONAL CONTINGENCY PLAN. 

4 Not later than 6 months after the date of enactment 

5 of this Act, and at least every 5 years thereafter, the 

6 President shall update the National Contingency Plan re7 quired under section 311(d) of the Federal Water Pollu8 tion Control Act (33 U.S.C. 1321(d)) and shall ensure 

9 that each update includes separate response plans for— 

10 (1) discharges of oil or other hazardous mate11 rials into or upon land; and 

12 (2) discharges of oil or other hazardous mate13 rials into or upon water. 

Æ 


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