I 
112TH CONGRESS 
1ST SESSION H. R. 1664 
To amend the Outer Continental Shelf Lands Act and the Federal Water 
Pollution Control Act to modernize and enhance the Federal Govern-
ment’s response to oil spills, to improve oversight and regulation of 
offshore drilling, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2011 
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 deter-
mined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure All Facilities 
to Effectively Guard the United States Against and Re-
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spond to Dangerous Spills Act of 2011’’ or the ‘‘SAFE-
GUARDS Act of 2011’’. 
SEC. 2. OIL SPILL RESPONSE PLANS FOR DRILLING ON THE 
OUTER CONTINENTAL SHELF. 
The Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 32. OIL SPILL RESPONSE PLAN REQUIREMENTS. 
‘‘The Secretary may not issue any permit or other 
authorization for exploration for or production of oil and 
gas under a lease under this Act unless an oil spill re-
sponse plan for the operations of the facility on which the 
activity is conducted has been approved by the Secretary 
of the Department in which the Coast Guard is operating 
as meeting the requirements for such a plan under section 
311(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)).’’. 
SEC. 3. APPROVAL OF OIL SPILL RESPONSE PLANS. 
Section 311(j)(5)(A) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(5)(A)) is amended by add-
ing at the end the following: 
‘‘(iii) Not later than 180 days after the date of 
enactment of the SAFEGUARDS Act of 2011, the 
President shall issue regulations to ensure that an 
owner or operator of an offshore facility is not in 
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compliance with requirements under this paragraph 
unless the owner or operator submits the plan re-
quired under clause (i) to the Secretary of the De-
partment in which the Coast Guard is operating and 
the Secretary approves the plan.’’. 
SEC. 4. CONTAINMENT DEVICE OR BLOWOUT PREVENTER 
FAILURE. 
Section 311(j)(5)(A)(i) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1321(j)(5)(A)(i)) is amended 
by inserting before the period at the end the following: 
‘‘, including as the result of an uncontrolled or uncon-
tained discharge from a well’’. 
SEC. 5. WATER QUALITY MONITORING. 
Section 311(d)(2) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(d)(2)) is amended by adding 
at the end the following: 
‘‘(N) Water quality monitoring by the Ad-
ministrator of waters affected by discharges of 
oil or other hazardous substances that begins 
not later than 48 hours after such a discharge 
is reported.’’. 
SEC. 6. EXTENSION OF DEADLINE FOR REVIEW OF EXPLO-
RATION PLAN. 
Section 11(c)(1) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1340(c)(1)) is amended— 
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(1) by striking ‘‘thirty days’’ and inserting ‘‘90 
days’’; and 
(2) by inserting before the last sentence the fol-
lowing: ‘‘The Secretary may extend such 90-day pe-
riod by 60 days if the Secretary certifies that such 
extension is necessary to allow adequate consider-
ation of the plan.’’. 
SEC. 7. NATIONAL INCIDENT COMMANDER. 
Section 311(d)(2)(I) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(d)(2)(I)) is amended by in-
serting before the period at the end the following: ‘‘, which 
shall include the designation of the Commandant of the 
Coast Guard as the National Incident Commander for all 
activities in response to such a discharge or threat if such 
a discharge or threat affects waters with respect to which 
the Coast Guard is responsible for response efforts under 
the Plan’’. 
SEC. 8. CATEGORICAL EXCLUSIONS PROHIBITED. 
Section 11(c) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1340(c)) is amended by redesignating 
paragraph (4) as paragraph (5), and by inserting after 
paragraph (3) the following: 
‘‘(4) An exploration plan submitted under this sub-
section shall not be eligible for a categorical exclusion 
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under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).’’. 
SEC. 9. UPDATE OF NATIONAL CONTINGENCY PLAN. 
Not later than 6 months after the date of enactment 
of this Act, and at least every 5 years thereafter, the 
President shall update the National Contingency Plan re-
quired under section 311(d) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1321(d)) and shall ensure 
that each update includes separate response plans for— 
(1) discharges of oil or other hazardous mate-
rials into or upon land; and 
(2) discharges of oil or other hazardous mate-
rials into or upon water. 
Æ 
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