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 explo-
ration, 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 re-
gard to oversight and judicial review in connection with 
offshore oil production and exploration, 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 ‘‘Oil Pollution Wildlife 
Protection Act’’. 
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ant to this section, and make electronically available 
to the public any such applications or plans, except 
any information that the Secretary determines to be 
proprietary. 
‘‘(2) The Secretary shall promptly publish no-
tice in the Federal Register of the Secretary’s deci-
sion to approve, deny, or modify any plan submitted 
to the Secretary pursuant to this section.’’. 
SEC. 3. APPLICATION OF DEVELOPMENT AND PRODUCTION 
PLAN REQUIREMENTS IN THE GULF OF MEX-
ICO. 
Section 25 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1351) is amended— 
(1) by striking ‘‘other than the Gulf of Mexico,’’ 
each place it appears; and 
(2) by striking subsection (l). 
SEC. 4. ENSURING COMPLIANCE WITH OTHER LAWS. 
(a) EXPLORATION PLANS.—Section 11 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1340) is further 
amended by adding at the end the following: 
‘‘(j) CERTIFICATION OF COMPLIANCE WITH OTHER 
STATUTES.— 
‘‘(1) IN GENERAL.—The Secretary shall not ap-
prove any exploration plan or significant revision of 
an exploration plan, or grant any license or permit 
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under this section, unless the Secretary certifies 
that— 
‘‘(A) such plan, approval, permit, or license 
is in compliance with the National Environ-
mental Policy Act (42 U.S.C. 4321 et seq.), 
Endangered Species Act (16 U.S.C. 1531 et 
seq.), Marine Mammal Protection Act (16 
U.S.C. 1361 et seq.), Magnuson-Stevens Fish-
eries Conservation and Management Act (16 
U.S.C. 1801 et seq.), Clean Water Act (33 
U.S.C. 1251 et seq.), Coastal Zone Manage-
ment Act (16 U.S.C. 1451 et seq.), and any 
other applicable statutes, regulations, and legal 
authorities; and 
‘‘(B) all permits and other authorizations 
required under such statutes, regulations, and 
legal authorities have been issued for activities 
to be conducted under such plan, approval, per-
mit, or license. 
‘‘(2) PRIOR CONSULTATION REQUIRED.—Prior 
to making such certification, the Secretary shall con-
sult with any Federal agency that has jurisdiction by 
law with respect to those Acts, regulations, and au-
thorities.’’. 
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(b) DEVELOPMENT AND PRODUCTION PLANS.—Sec-
tion 25 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1351) is further amended by adding at the end 
the following: 
‘‘(n) CERTIFICATION OF COMPLIANCE WITH OTHER 
STATUTES.— 
‘‘(1) IN GENERAL.—The Secretary shall not ap-
prove any development and production plan, or a 
significant revision of a development and production 
plan, unless the Secretary certifies that— 
‘‘(A) such plan, approval, permit, or license 
is in compliance with the National Environ-
mental Policy Act (42 U.S.C. 4321 et seq.), 
Endangered Species Act (16 U.S.C. 1531 et 
seq.), Marine Mammal Protection Act (16 
U.S.C. 1361 et seq.), Magnuson-Stevens Fish-
eries Conservation and Management Act (16 
U.S.C. 1801 et seq.), Clean Water Act (33 
U.S.C. 1251 et seq.), Coastal Zone Manage-
ment Act (16 U.S.C. 1451 et seq.), and any 
other applicable law and regulations; and 
‘‘(B) all permits and other authorizations 
required under such statutes, regulations, and 
legal authorities have been issued for activities 
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to be conducted under such plan, approval, per-
mit, or license. 
‘‘(2) PRIOR CONSULTATION REQUIRED.—Prior 
to making such certification, the Secretary shall con-
sult with any Federal agency that has jurisdiction by 
law with respect to those Acts or other applicable 
law and regulations.’’. 
SEC. 5. CONSULTATION REQUIREMENTS FOR ENDANGERED 
SPECIES AND FISHERIES. 
Section 19 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1346) is amended— 
(1) by striking so much as precedes subsection 
(a) and inserting the following: 
‘‘SEC. 19. CONSULTATION REQUIREMENTS.’’; 
and 
(2) by adding at the end the following: 
‘‘(f) CONSULTATION REQUIREMENTS FOR ENDAN-
GERED SPECIES AND FISHERIES.—The Secretary shall 
treat the notice of any lease sale, and the approval of any 
leasing program, exploration plan or permit, development 
and production plan, or development operation coordina-
tion document, or the significant revision of such a pro-
gram, plan, permit, or document, as an agency action re-
quiring consultation— 
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‘‘(1) with the Secretary of Commerce or of the 
Interior pursuant to section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536) for any listed 
species that occur in the proposed area of activity; 
and 
‘‘(2) with the Secretary of Commerce pursuant 
to section 305(b) of the Magnuson-Stevens Fisheries 
Conservation and Management Act (16 U.S.C. 
1855(b)).’’. 
SEC. 6. CUMULATIVE IMPACTS ON MARINE MAMMAL SPE-
CIES AND STOCKS AND SUBSISTENCE USE. 
Section 20 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1346) is amended by adding at the end the 
following: 
‘‘(g) CUMULATIVE IMPACTS ON MARINE MAMMAL 
SPECIES AND STOCKS AND SUBSISTENCE USE.—In deter-
mining, pursuant to subparagraphs (A)(i) and (D)(i) of 
section 101(a)(5) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1371(a)(5)), whether takings from 
specified activities administered under this title will have 
a negligible impact on a marine mammal species or stock, 
and not have an unmitigable adverse impact on the avail-
ability of such species or stock for taking for subsistence 
uses, the Secretary of Commerce or Interior shall incor-
porate any takings of such species or stock from any other 
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