II 

111TH CONGRESS 

2D SESSION S. 3497 

To amend the Outer Continental Shelf Lands Act to require leases entered 

into under that Act to include a plan that describes the means and 

timeline for containment and termination of an ongoing discharge of 

oil, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2010 

Mr. BROWN of Massachusetts (for himself and Mrs. FEINSTEIN) introduced 

the following bill; which was read twice and referred to the Committee 

on Energy and Natural Resources 

A BILL 

To amend the Outer Continental Shelf Lands Act to require 

leases entered into under that Act to include a plan 

that describes the means and timeline for containment 

and termination of an ongoing discharge of oil, 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 Spill Prevention 

5 and Mitigation Improvement Act of 2010’’. 


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1 SEC. 2. RESPONSE PLANS. 

2 Section 8 of the Outer Continental Shelf Lands Act 

3 (43 U.S.C. 1337) is amended by adding at the end the 

4 following: 

5 ‘‘(q) RESPONSE PLANS.— 

6 ‘‘(1) IN GENERAL.—Notwithstanding any other 

7 provision of this Act, in the case of each lease issued 

8 or renewed after the date of enactment of this sub9 section, the Secretary shall require the incorporation 

10 into the lease of a peer-reviewed response plan that 

11 describes the means and timeline for containment 

12 and termination of an ongoing discharge of oil 

13 (other than a de minimis discharge, as determined 

14 by the Secretary) at the depth at which the explo15 ration, development, or production authorized under 

16 the lease is to take place. 

17 ‘‘(2) TECHNOLOGICAL FEASIBILITY.—Before 

18 determining whether to issue a new lease under 

19 paragraph (1), the Secretary shall certify the techno20 logical feasibility of methods proposed to be used 

21 under a response plan described in that paragraph, 

22 as demonstrated by the potential lessee through sim23 ulation, demonstration, or other means.’’. 


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1 SEC. 3. PUBLIC/PRIVATE TASK FORCE ON OIL SPILL RE2 SPONSE AND MITIGATION. 

3 (a) IN GENERAL.—The Secretary of Energy, acting 

4 through the Office of Science of the Department of En5 ergy, shall use available funds in the Ultra-Deepwater and 

6 Unconventional Natural Gas and Other Petroleum Re7 search Fund established under section 999H of the En8 ergy Policy Act of 2005 (42 U.S.C. 16378), and such 

9 other funds as are necessary, to conduct a study, in col10 laboration with the Office of Fossil Energy of the Depart11 ment, on means of improving prevention methodologies 

12 and technological responses to oil spills and mitigating the 

13 effects of oil spills on natural habitat. 

14 (b) TASK FORCE.—As part of the study required 

15 under this section, the Secretary shall convene a task force 

16 composed of representatives of the private sector, institu17 tions of higher education, and the National Academy of 

18 Sciences— 

19 (1) to assess the prevention methodologies and 

20 technological response to the blowout and explosion 

21 of the mobile offshore drilling unit Deepwater Hori22 zon that occurred on April 20, 2010, and resulting 

23 hydrocarbon releases into the environment; 

24 (2) to assess the adequacy of existing tech25 nologies for prevention and responses to deep water 

26 oil spills; and 


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1 (3) to recommend means of improving preven2 tion methodologies and technological responses to fu3 ture oil spills (including drilling relief wells) and 

4 mitigating the effects of the oil spills on natural 

5 habitat. 

6 (c) REPORT.—Not later than 180 days after the date 

7 of enactment of this Act, the Secretary shall submit to 

8 Congress, the President, the Secretary of Homeland Secu9 rity, the Administrator of the Environmental Protection 

10 Agency, the Secretary of the Interior, and the Secretary 

11 of Defense a report that describes the results of the study 

12 conducted under this section, including a recommended 

13 standard for technological best practices for prevention of 

14 and responses to oil spills, practice drills for emergency 

15 responses, and any other recommendations. 

16 SEC. 4. STUDY ON FEDERAL RESPONSE TO OIL SPILLS. 

17 (a) IN GENERAL.—The Comptroller General of the 

18 United States shall conduct a study of existing capabilities 

19 and legal authorities of the Federal Government to pre20 vent and respond to oil spills. 

21 (b) DEEPWATER HORIZON INCIDENT.—As part of 

22 the study required under this section, the Comptroller 

23 General of the United States shall assess the extent to 

24 which the capabilities and authorities described in sub25 section (a) have been fully used in the response to the 


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1 blowout and explosion of the mobile offshore drilling unit 

2 Deepwater Horizon that occurred on April 20, 2010, and 

3 resulting hydrocarbon releases into the environment. 

4 (c) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, the Comptroller General of the 

6 United States shall submit to Congress a report that de7 scribes the results of the study conducted under this sec8 tion, including any recommendations. 

Æ 


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