Putting the Gulf of Mexico Back to Work Act

Bill: 112-hr-1229
Sponsor: Rep. Hastings, Doc [R-WA-4]
Introduced: 2011-03-29 in the House
Policy area: Public Lands and Natural Resources
Subjects: Administrative law and regulatory procedures
Department of the Interior
Gulf of Mexico
Judicial review and appeals
Legal fees and court costs
Licensing and registrations
Marine and coastal resources, fisheries
Oil and gas

Summary:
action_date: 2011-03-29
text: 
Putting the Gulf of Mexico Back to Work Act - Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (who currently is only authorized) to require that any lessee operating under an approved exploration plan obtain: (1) a permit before drilling any well in accordance with such plan, and (2) a new permit before drilling any well of a design significantly different from the design for which an existing permit was issued.
 
Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements including blowout prevention, and (2) oil spill response and containment requirements.
 
Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures.
 
Imposes a deadline for certain permit applications under existing leases.
 
Establishes any district court within the 5th circuit as the exclusive venue for certain civil actions relating to covered energy projects in the Gulf of Mexico unless there is no proper venue within any 5th circuit court. Defines a covered action as one seeking relief (other than money damages) and stating a claim that an agency or an agency officer or employee acted or failed to act in an official capacity or under color of legal authority regarding such a project.
 
Sets forth a time limitation governing: (1) filing a covered civil action, (2) judicial granting or approval of prospective relief, and (3) attorneys&#146; fees and other court costs.
 
Specifies limitations upon: (1) prospective relief; and (2) attorneys' fees, expenses, and other court costs.

action_date: 2011-05-02
text: 
Putting the Gulf of Mexico Back to Work Act - 
Title I: Amendment to the Outer Continental Shelf Lands Act - (
Sec. 101) Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (who currently is only authorized) to require that any lessee operating under an approved exploration plan obtain: (1) a permit before drilling any well in accordance with such plan, and (2) a new permit before drilling any well of a design significantly different from the design for which an existing permit was issued.
 

 
Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements including blowout prevention, and (2) oil spill response and containment requirements.
 

 
Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures.
 

 
Imposes a deadline for certain permit applications under existing leases.
 

 
(Sec. 102) Directs the Secretary to extend by one year the term of an oil and gas lease (covered lease) for the Gulf of Mexico outer Continental Shelf (OCS) region that: (1) was not producing as of April 30, 2010; or (2) was suspended from operations, permit processing, or consideration in accordance with either the moratorium set forth in the Minerals Management Service Notice to Lessees and Operators No. 2010, or the decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the OCS, dated July 12, 2010; and (3) by its terms would expire on or before December 31, 2011.
 

 
States that the extension of such covered leases is in addition to any suspension of operations or of production granted by the Minerals Management Service or Bureau of Ocean Energy Management, Regulation and Enforcement after May 1, 2010.
 

Title II: Judicial Review of Agency Actions Relating to Outer Continental Shelf Activities in the Gulf of Mexico - 
(Sec. 201) Defines a covered civil action as one seeking relief (other than money damages) and stating a claim that an agency or an agency officer or employee acted or failed to act in an official capacity or under color of legal authority regarding a covered energy project in the Gulf of Mexico.
 
Defines such a covered energy project as the leasing of federal lands of the OCS (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy in the Gulf of Mexico, as well as any action under such a lease. Excludes from the meaning of covered energy project any disputes between the parties to a lease regarding the obligations under such lease, including any alleged breach of the lease.
 
(Sec. 202) Establishes any district court within the Fifth Circuit as the exclusive venue for covered civil actions relating to covered energy projects in the Gulf of Mexico, unless there is no proper venue within that circuit. 
 

 
(Sec. 203) Bars a covered civil action unless it is filed within 60 days after the final federal action to which it relates.
 
 (Sec. 204) Requires the court to try to hear and determine any covered action as expeditiously as possible.
 
(Sec. 205) Makes a presumption, in any judicial review of a covered civil action, that the administrative findings and conclusions relating to the challenged federal action or decision are correct. Allows rebuttal of this presumption only by the preponderance of the evidence contained in the administrative record.
 
(Sec. 206) Prohibits a court from granting or approving any prospective relief unless it finds that such relief: (1) is narrowly drawn, (2) extends no further than necessary to correct the violation of a legal requirement, and (3) is the least intrusive means necessary to correct the violation.
 
(Sec. 207) Prohibits federal payment of attorneys' fees, expenses, and other court costs to any party in a covered civil action under this Act.

action_date: 2011-05-16
text: 
Putting the Gulf of Mexico Back to Work Act - 
Title I: Amendment to the Outer Continental Shelf Lands Act
 - (Sec. 101) Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (who currently is only authorized) to require that any lessee operating under an approved exploration plan obtain: (1) a permit before drilling any well in accordance with such plan, and (2) a new permit before drilling any well of a design significantly different from the design for which an existing permit was issued.
 
Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements including blowout prevention, and (2) oil spill response and containment requirements.
 
Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures.
 
Imposes a deadline for certain permit applications under existing leases.
 
(Sec. 102) Directs the Secretary to extend by one year the term of an oil and gas lease (covered lease) for the Gulf of Mexico outer Continental Shelf (OCS) region that: (1) was not producing as of April 30, 2010; or (2) was suspended from operations, permit processing, or consideration in accordance with either the moratorium set forth in the Minerals Management Service Notice to Lessees and Operators No. 2010, or the decision memorandum regarding the suspension of certain offshore permitting and drilling activities on the OCS, dated July 12, 2010; and (3) by its terms would expire on or before December 31, 2011.
 
States that the extension of such covered leases is in addition to any suspension of operations or of production granted by the Minerals Management Service or Bureau of Ocean Energy Management, Regulation and Enforcement after May 1, 2010.
 

Title II: Judicial Review of Agency Actions Relating to Outer Continental Shelf Activities in the Gulf of Mexico
 - (Sec. 201) Defines a covered civil action as one seeking relief (other than money damages) and stating a claim that an agency or an agency officer or employee acted or failed to act in an official capacity or under color of legal authority regarding a covered energy project in the Gulf of Mexico.
 
Defines such a covered energy project as the leasing of federal lands of the OCS (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy in the Gulf of Mexico, as well as any action under such a lease. Excludes from the meaning of covered energy project any disputes between the parties to a lease regarding the obligations under such lease, including any alleged breach of the lease.
 
(Sec. 202) Establishes any district court within the Fifth Circuit as the exclusive venue for covered civil actions relating to covered energy projects in the Gulf of Mexico, unless there is no proper venue within that circuit. 
 
(Sec. 203) Bars a covered civil action unless it is filed within 60 days after the final federal action to which it relates.
 
(Sec. 204) Requires the court to try to hear and determine any covered action as expeditiously as possible.
 
(Sec. 205) Makes a presumption, in any judicial review of a covered civil action, that the administrative findings and conclusions relating to the challenged federal action or decision are correct. Allows rebuttal of this presumption only by the preponderance of the evidence contained in the administrative record.
 
(Sec. 206) Prohibits a court from granting or approving any prospective relief unless it finds that such relief: (1) is narrowly drawn, (2) extends no further than necessary to correct the violation of a legal requirement, and (3) is the least intrusive means necessary to correct the violation.
 
(Sec. 207) Prohibits federal payment of attorneys' fees, expenses, and other court costs to any party in a covered civil action under this Act.
 

Title III: Restarting American Offshore Leasing Now Act 
- Restarting American Offshore Leasing Now Act - (Sec. 302) Directs the Secretary of the Interior to conduct specified proposed offshore oil and gas lease sales as follows: (1) lease sale 216 in the Central Gulf of Mexico within four months after enactment of this Act; (2) lease sale 218 in the Western Gulf of Mexico within eight months after enactment of this Act; (3) lease sale 220 on the Outer Continental Shelf offshore Virginia within one year after enactment of this Act; and (4) lease sale 222 in the Central Gulf of Mexico no later than June 1, 2012.
 
(Sec. 304) Prohibits the Secretary from making any Offshore Virginia tract available for leasing if it would conflict with military operations.
 
Declares that, for purposes of such proposed lease sales, specified Environmental Impact Statements are deemed to satisfy the requirements of the National Environmental Policy Act of 1969.


Legislative actions:
action_date: 2011-05-16
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 50.
action_date: 2011-05-12
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2011-05-11
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2011-05-11
text: On passage Passed by recorded vote: 263 - 163 (Roll no. 309).
action_date: 2011-05-11
text: Passed/agreed to in House: On passage Passed by recorded vote: 263 - 163 (Roll no. 309).
action_date: 2011-05-11
text: On motion to recommit with instructions Failed by recorded vote: 186 - 239 (Roll no. 308).
action_date: 2011-05-11
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3185)
action_date: 2011-05-11
text: DEBATE - The House proceeded with 10 minutes of debate on the Connolly (VA) motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to prohibit the Secretary of Interior from issuing a permit to any applicant that has been required to pay a civil penalty, criminal fine or monetary damages resulting from the applicant's drilling activities on the Outer Continental Shelf, until the penalties have been paid in full, or the applicant has entered a formal agreement to pay the penalties in order to redress economic and environmental harm caused to the Gulf of Mexico Region.
action_date: 2011-05-11
text: Mr. Connolly (VA) moved to recommit with instructions to Natural Resources. (consideration: CR H3184-3186; text: CR H3184)
action_date: 2011-05-11
text: The previous question was ordered pursuant to the rule. (consideration: CR H3184)
action_date: 2011-05-11
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR 5/10/2011 H3131-3132)
action_date: 2011-05-11
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1229.
action_date: 2011-05-11
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2011-05-11
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2011-05-11
text: Considered as unfinished business. (consideration: CR H3180-3186)
action_date: 2011-05-10
text: Committee of the Whole House on the state of the Union rises leaving H.R. 1229 as unfinished business.
action_date: 2011-05-10
text: On motion that the Committee rise Agreed to by voice vote.
action_date: 2011-05-10
text: Mr. Lamborn moved that the Committee rise.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hastings (FL) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H. Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 11.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 10.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Deutch amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Deutch demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Deutch amendment.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (FL) amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Hastings (FL) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 8.
action_date: 2011-05-10
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2011-05-10
text: Considered as unfinished business. (consideration: CR H3143-3147)
action_date: 2011-05-10
text: Committee of the Whole House on the state of the Union rises leaving H.R. 1229 as unfinished business.
action_date: 2011-05-10
text: On motion that the Committee rise Agreed to by voice vote.
action_date: 2011-05-10
text: Mr. Bishop (UT) moved that the Committee rise.
action_date: 2011-05-10
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Polis (CO) amendment No. 7, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Polis (CO) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment No. 7.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Holt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Hanabusa amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Ms. Hanabusa demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Hanabusa amendment.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Garamendi amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Garamendi demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Garamendi amendment.
action_date: 2011-05-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Polis (CO) amendment no. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Polis (CO) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.
action_date: 2011-05-10
text: DEBATE - Pursuant to the provisions of H.Res. 245, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment no. 1.
action_date: 2011-05-10
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2011-05-10
text: Considered as unfinished business. (consideration: CR H3131-3143)
action_date: 2011-05-10
text: Committee of the Whole House on the state of the Union rises leaving H.R. 1229 as unfinished business.
action_date: 2011-05-10
text: On motion that the committee rise Agreed to by voice vote.
action_date: 2011-05-10
text: Mr. Lamborn moved that the committee rise.
action_date: 2011-05-10
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1229.
action_date: 2011-05-10
text: The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.
action_date: 2011-05-10
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 245 and Rule XVIII.
action_date: 2011-05-10
text: Rule provides for consideration of H.R. 1229 and H.R. 1230. Measure will be considered read. Specified amendments are in order. H.R. 1229 and H.R. 1230 shall each be debatable for not to exceed one hour, equally divided and controlled. In each case, the previous question shall be considered as ordered and in each case, a motion to recommit, with or without instructions is allowed.
action_date: 2011-05-10
text: Considered under the provisions of rule H. Res. 245. (consideration: CR H3120-3126)
action_date: 2011-05-04
text: Rules Committee Resolution H. Res. 245 Reported to House. Rule provides for consideration of H.R. 1229 and H.R. 1230. Measure will be considered read. Specified amendments are in order. H.R. 1229 and H.R. 1230 shall each be debatable for not to exceed one hour, equally divided and controlled. In each case, the previous question shall be considered as ordered and in each case, a motion to recommit, with or without instructions is allowed.
action_date: 2011-05-02
text: Placed on the Union Calendar, Calendar No. 35.
action_date: 2011-05-02
text: Committee on Judiciary discharged.
action_date: 2011-05-02
text: Committee on Judiciary discharged.
action_date: 2011-05-02
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-67, Part I.
action_date: 2011-05-02
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-67, Part I.
action_date: 2011-04-13
text: Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 16.
action_date: 2011-04-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-04-13
text: Subcommittee on Energy and Mineral Resources Discharged.
action_date: 2011-04-06
text: Subcommittee Hearings Held.
action_date: 2011-03-31
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2011-03-29
text: Referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-03-29
text: Referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2011-03-29
text: Introduced in House
action_date: 2011-03-29
text: Introduced in House