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Code · BILL · 115th Congress · S. 74 (Introduced in Senate) — To improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal States to... · Sec. 101

Sec. 101. Coordination between National Oceanic and Atmospheric Administration, Coast Guard, and Department of the Interior on oil spill matters

665 words·~3 min read·/bill/115/s/74/is/section-101

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Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended— in subsection (c)— in paragraph (1), by striking from any interested Federal agency, including the Attorney General and inserting from the head of any interested Federal department or agency, including the Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating, and the Attorney General ; and in paragraph (3), by striking Within nine months after the date of enactment of this section the Secretary shall submit a proposed leasing program to the Congress, the Attorney General, and inserting The Secretary shall submit any proposed leasing program to the Congress, the head of each interested Federal department or agency described in paragraph (1), the Attorney General, ; in subsection (d)— in paragraph (1), by striking proposed leasing program, in the first sentence and all that follows through the end of the paragraph and inserting proposed leasing program— the Attorney General, after consultation with the Federal Trade Commission, may submit comments on the anticipated effects of the proposed program on competition; the Secretary of Commerce may submit comments on the anticipated effects of the proposed program on the human, marine, and coastal environments, including the likelihood of occurrence and potential severity of spills and chronic pollution; the Secretary of the department in which the Coast Guard is operating may submit comments on the adequacy of the response capabilities of the Federal Government for spills and chronic pollution that may occur as a result of the proposed program; and any State, local government, or other person may submit comments and recommendations as to any aspect of the proposed program. ; in paragraph (2), by striking Attorney General and inserting Attorney General, the Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating, ; and in paragraph (3), by striking or after eighteen months following the date of enactment of this section, whichever first occurs, ; in subsection (e), by striking He and inserting The Secretary ; and in subsection (h)— by striking nonpriviledged and inserting nonprivileged ; by striking he requests to assist him and inserting the Secretary request to assist the Secretary ; and by striking he requests to assist him and inserting the Secretary requests to assist the Secretary .
Section 20(f) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1346(f) ) is amended— by striking In executing his and inserting
(1)and indenting accordingly; and In general .—In executing the by adding at the end the following: In addition to any other requirement under law, the Secretary, prior to the approval of any program, lease, exploration plan, or development and production plan, shall consult with the Administrator of the National Oceanic and Atmospheric Administration (referred to in this paragraph as the Administrator ) on any reasonably foreseeable adverse effects of the proposed action, including oil spills, to ocean and coastal resources. The Secretary shall consult the Administrator under subparagraph
(A)as soon as practicable, but not later than 90 days before the date of approval of the proposed action. When consulting the Administrator under subparagraph (A), the Secretary shall provide to the Administrator— information describing the nature, location, and duration of the proposed action; and a description of all reasonably foreseeable adverse effects to ocean and coastal resources. At any time prior to the date that is 45 days before the approval of the proposed action, the Administrator may recommend to the Secretary alternatives to any proposed action, including measures that will prevent or minimize reasonably foreseeable adverse effects to ocean and coastal resources. The Secretary shall incorporate into the approval for the proposed action any alternative or mitigation measure recommended under clause (i), unless the Secretary— determines that the alternative or mitigation measure is not necessary to prevent or minimize reasonably foreseeable adverse effects to marine and coastal resources; and notifies the Administrator in writing of the reasons for the determination under subclause (I). .
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Sec. 101
Coordination between National Oceanic and Atmospheric Administration, Coast Guard, and Department of the Interior on oil spill matters
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