I 

111TH CONGRESS 

2D SESSION H. R. 5657 

To amend the Outer Continental Shelf Lands Act to ensure that protection 

of the marine and coastal environment is of primary importance in 

making areas of the outer Continental Shelf available for leasing, exploration, and development rather than expeditious development of oil and 

gas resources, to prohibit oil and gas leasing, exploration, and development in important ecological areas of the outer Continental Shelf, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2010 

Mr. QUIGLEY introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Outer Continental Shelf Lands Act to ensure 

that protection of the marine and coastal environment 

is of primary importance in making areas of the outer 

Continental Shelf available for leasing, exploration, and 

development rather than expeditious development of oil 

and gas resources, to prohibit oil and gas leasing, exploration, and development in important ecological areas 

of the outer Continental Shelf, 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, 


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1 SECTION 1. PROTECTIVE APPROACH TO OIL AND GAS 

2 LEASING, EXPLORATION, AND DEVELOPMENT 

3 ON THE OUTER CONTINENTAL SHELF. 

4 (a) REVISED NATIONAL OUTER CONTINENTAL

5 SHELF POLICY.—Section 3 of the Outer Continental Shelf 

6 Lands Act (43 U.S.C. 1331) is amended by striking para7 graph (3) and inserting the following new paragraph: 

8 ‘‘(3) while the outer Continental Shelf is a vital 

9 national resource reserve held by the Federal Gov10 ernment for the public, any leasing, exploration, or 

11 development of the outer Continental Shelf nec12 essarily impacts the marine environment and coastal 

13 environment, so the protection and maintenance 

14 (and, when necessary, restoration) of the marine en15 vironment and coastal environment is of primary im16 portance and leasing, exploration, or development of 

17 the outer Continental Shelf will be authorized in lim18 ited areas only when sound science shows that such 

19 activities can proceed with minimal risk to the 

20 health of the marine environment and coastal envi21 ronment.’’. 

22 (b) PROTECTIVE MANDATE.—Such section is further 

23 amended— 

24 (1) by inserting ‘‘(a) DECLARATION OF POL25 ICY.—’’ before ‘‘It is hereby declared’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) PROTECTIVE APPROACH TO LEASING, EXPLO4 RATION, AND DEVELOPMENT.—The leasing, exploration, 

5 and development of oil and gas resources of the outer Con6 tinental Shelf may be authorized only if— 

7 ‘‘(1) the Secretary has a thorough under8 standing of the marine environment and coastal en9 vironment impacted by the activity and an environ10 mental baseline, the risks of exploration or develop11 ment, and the potential consequences of accidents 

12 and other emergencies; and 

13 ‘‘(2) the Secretary determines, on the basis of 

14 sound science, that risks are minimal, rigorous safe15 ty measures are in place and will be enforced, and 

16 there is a demonstrated ability to mount an effective 

17 response to accidents in real-world conditions.’’. 

18 SEC. 2. PROHIBITION ON OIL AND GAS ACTIVITIES IN IM19 PORTANT ECOLOGICAL AREAS OF OUTER 

20 CONTINENTAL SHELF. 

21 Section 18 of the Outer Continental Shelf Lands Act 

22 (43 U.S.C. 1344) is amended— 

23 (1) in subsection (a)(2)(A), by inserting ‘‘sub24 ject to subsection (i),’’ before ‘‘existing’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(i) The Secretary may not approve for inclusion in 

4 an oil and gas leasing program under this section any area 

5 of the outer Continental Shelf that, by itself or in a net6 work, has distinguishing ecological characteristics, is im7 portant for maintaining habitat heterogeneity or the via8 bility of a species, or contributes disproportionately to the 

9 health of an ecosystem, including its biodiversity, function, 

10 structure, or resilience. In designating an important eco11 logical area of outer Continental Shelf, the Secretary 

12 should give particular consideration to— 

13 ‘‘(1) areas of high productivity or diversity; 

14 ‘‘(2) areas that are important for feeding, mi15 gration, or the lifecycle of species; and 

16 ‘‘(3) areas of biogenic habitat, structure form17 ing habitat, or habitat for endangered or threatened 

18 species.’’. 

Æ 


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