Acceptance of Offer on Liability and Expedited Claims at Mississippi Canyon 252 Act

Bill: 111-s-3461
Sponsor: Sen. Vitter, David [R-LA]
Introduced: 2010-06-07 in the Senate
Policy area: Energy
Subjects: Accidents
Administrative remedies
Advisory bodies
Civil actions and liability
Department of the Interior
Executive agency funding and structure
Gulf of Mexico
Judicial review and appeals
Marine and coastal resources, fisheries
Marine pollution
Oil and gas
Pollution liability

Summary:
action_date: 2010-06-07
text: 
Acceptance of Offer on Liability and Expedited Claims at Mississippi Canyon 252 Act - Establishes within the Department of the Interior the Office of Deepwater Horizon Claims Compensation (Office) to compensate, on a no-fault basis and in a nonadversarial manner, persons and governmental entities that have incurred damages as a result of the Deepwater Horizon incident.
 
Makes the Office Administrator responsible for processing claims for compensation for damages.
 
Requires the Administrator to: (1) establish comprehensive claimant assistance and resource centers in areas with large concentrations of potential claimants; and (2) designate categories of claims to be handled on an expedited basis as a result of extreme financial hardship.
 
Imposes a stay upon any claim for monetary damages pending in federal or state court related to the Deepwater Horizon incident. Makes any such claim eligible for disposition only if the claimant elects to pursue it under this Act.
 
Requires the Administrator to establish an Advisory Committee on Deepwater Horizon Compensation.
 
Sets forth the essential elements of an eligible claim for damages, including proof, by a preponderance of the evidence, that the claimant suffered damages as a result of the Deepwater Horizon incident. Declares that a claimant shall not be required to demonstrate that such damages resulted from the negligence or other fault of any other person. 
 
Sets forth claims procedures. Covers damages for losses to real or personal property, subsistence use, revenues, profits and earning capacity, and the costs of public services.
 
Confers on the U.S. District Court for the District of Columbia exclusive jurisdiction over any action for declaratory or injunctive relief challenging any provision of this Act.
 
Declares that a certain letter from the Group Chief Executive of British Petroleum Exploration & Production, Incorporated (BP) to the Secretaries of Homeland Security and of the Interior evidences an offer of BP to modify the oil and gas leasing contract involved in the Deepwater Horizon incident to incorporate new terms of liability by stating that BP is &quot;prepared to pay above $75 million&quot; on &quot;all legitimate claims&quot; relating to that explosion and oil spill.
 
Directs the Secretary to: (1) accept the new terms of liability offered by BP in such letter; (2) consider the oil and gas leasing contract involved in the Deepwater Horizon incident as being amended to reflect those new terms; and (3) return to BP for immediate payment any claim BP has failed to pay which the Secretary determines to be legitimate for BP to pay.
 

 
 
 


Legislative actions:
action_date: 2010-06-09
text: Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 111-1241.
action_date: 2010-06-07
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2010-06-07
text: Introduced in Senate