Advocacy

The Deepwater Horizon explosion led to the greatest environmental justice disaster of our time, and  Congress must address the tragedy and take steps to prevent future disasters. Read more about pending and past oil spill and Gulf restoration policies and take action to support Gulf restoration today.

Pending Legislation in the 112th Congress

SENATE

RESTORE Act (S. 861)

The Resources and Ecosystems Sustainability, Tourism Opportunities and Revived Economy of the Gulf Coast (RESTORE) Act was introduced on April 14, 2011 by Senators Mary Landrieu (D) and David Vitter (R) of Louisiana. The RESTORE Act directs 80% of Clean Water Act fines to Gulf states to “restore the coastal ecosystem and its economies that were damaged by the BP oil spill.” The Act divides the funds among a Gulf Coast Restoration Trust Fund shared among the 5 Gulf states (35%), a Federal-State Gulf Coast Ecosystem Restoration Council (60%), and  Centers of Excellence (5%) focused on key  disciplines including wetland restoration and sustainable development.

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Comprehensive Gulf of Mexico Recovery, Restoration and Resiliency Act (S. 862)

Introduced by Senator Bill Nelson (D-FL) in April, 2011, S. 862 would send 100% of Clean Water Act penalties to the Gulf states for environmental restoration. The bill establishes a Recovery Council to oversee the funding allocations and restoration plans and includes a Citizens Advisory Committee to engage in the restoration process. The Nelson bill divides a portion of the money in the Gulf of Mexico Recovery Fund based on the length of the coastline in each state.

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Big Oil Bailout Prevention Unlimited Liability Act (S. 214)

Introduced by Senator Robert Menendenz (D – NJ) and co-sponsored by Senator Jack Reed (D – RI), S. 214 would lift the liability cap on oil companies involved in offshore oil spill disasters by amending the Oil Pollution Act of 1990 to lift the current $75 million cap. The companion bill in the House is the Big Oil Bailout Prevention Act of 2011 (H.R. 492), introduced by Representative Rush Holt (D – NJ) with 19 cosponsors.

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HOUSE

Gulf Coast Restoration Act (H.R. 56)

H.R. 56 was introduced by Representative Steve Scalise (R-LA) in January, 2011 with bipartisan co-sponsors from across the state of Louisiana. The bill would establish a Gulf Coast Ecosystem Restoration Task Force and allocate the majority of the BP fines under the Clean Water Act (projected to be $5 – $20 billion) to environmental restoration of the Gulf Coast.

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Gulf Coast Restoration Act (H.R. 1762)

H.R. 1762 was introduced by Representative Jo Bonner (R-AL), with 13 original co-sponsors, in May, 2011. The bill directs 80% of Gulf oil spill fines paid to the federal government under the Clean Water Act to a newly created Gulf Coast Restoration Fund for Alabama, Florida, Louisiana, Mississippi and Texas.

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Implementing the Recommendations of the BP Oil Spill Commission Act (H.R. 501)

H.R. 501 was introduced in late January, 2011 to implement key recommendations from the Presidentially-appointed National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. The bill was introduced by Representative Ed Markey (D-MA), ranking member on the House Natural Resources committee, and is co-sponsored by senior Democrats from key committees including Energy and Commerce and Transportation and Infrastructure.

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Gulf of Mexico Economic and Environmental Restoration Act of 2011 (H.R. 480)

The Restoration Act introduced by Representative Kathy Castor (D-FL) aims to “establish programs to aid in the economic, environmental, and public health recovery of the Gulf States” affected by the BP oil spill. Castor’s bill would allocate Clean Water Act penalties to Gulf states for both environmental restoration and economic development projects.

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Past Legislation

Clean Energy Jobs and Oil Company Accountability Act (S. 3663)

In July, the The House of Representatives passed a comprehensive oil spill response bill that would restructure the federal agency that administers offshore drilling to be more protective of our oceans, require enhanced regulatory oversight of all stages in the drilling process, and provide critical funding to protect fragile land-based ecosystems. S. 3663, introduced by Sen. Harry Reid, is the Senate companion to the House-passed bill.

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Gulf of Mexico Economic and Environmental Restoration Act of 2010 (H.R.6434)

Introduced in November, 2010 by Representative Kathy Castor (D-FL), H.R. 6434 calls for the establishment of a Gulf of Mexico Recovery Council to establish, review, and distribute funds for state-based restoration plans; support the seafood and tourism industries in their post-spill recovery; fund academic research and monitoring; establish a clean energy program; and create a working group with representation from local agencies and representatives. The bill also amends the Clean Water Act to ensure that the majority of fines and penalties paid by BP for the Deepwater Horizon spill are allocated to environmental and economic restoration programs in Gulf Coast states, instead of going into the national Oil Spill Liability Trust Fund.

This bill responds to many of the recommendations in the Administration’s “America’s Gulf Coast” restoration plan, issued earlier this fall by Navy Secretary Ray Mabus.

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Big Oil Bailout Prevention Liability Act (S.3305)

This bill would eliminate the cap on financial liability for an oil spill at an offshore facility. The lifting of the cap would apply retroactively to the BP spill. The bill also aims to improve oil spill response plans by requiring proof of a company’s ability to finance a spill response and increase training, testing, and environmental and economic  reporting requirements. The bill passed out of the Senate Environment and Public Works Committee on June 30, 2010.

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Outer Continental Shelf Reform Act (S.3516)

Introduced by Sen. Jeff Bingaman (D-NM), S. 3516 would reform drilling in the Outer Continental Shelf by ensuring that environmental and safety regulations are met before drilling begins. It would impose greater financial responsibility on oil companies to fund clean-up efforts and would strengthen safety rules and increasepenalties for those who break the law. The bill also  codifies the recent split of the leasing and permitting and safety and regulatory functions of the Interior agencies that oversee offshore drilling; increases environmental and human safety and permitting requirements for drilling; funds oil spill response and well control research and development; and establishes a national oil spill commission in the legislative branch.

S. 3516 passed out of the Energy and Natural Resources committee on June 30.

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Oil Spill Response Improvement Act (S. 3643)

Introduced by Sen. Mitch McConnell (R-KY), this bill would amend the Outer Continental Shelf Lands Act to reform the management of energy and mineral resources on the Outer Continental Shelf, to improve oil spill compensation, and to terminate the moratorium on deepwater drilling.

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Securing Health for Ocean Resources and Environment Act ( S. 3597)

The SHORE Act, introduced by Senator Rockefeller (D-WV), improves the ability of the National Oceanic and Atmospheric Administration’s (NOAA) to respond to oil spills by requiring a review of current procedures and development of new models and procedures that must be updated every 7 years; establishing an oil spill information center within NOAA; increasing financial liability for oil companies; and requiring a long-term Gulf ecosystem monitoring program. The bill also establishes a Gulf of Mexico Regional Citizens Advisory Council, addresses drilling concerns in the Beaufort and Chukchi Seas in Alaska, and authorizes funding for NOAA for oil spill preparedness and response programs.

The SHORE Act passed in the Senate Committee on Commerce, Science, and Transportation on July 27, 2010.

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Gulf Coast Civic Works Act (H.R. 2269)

This bill, sponsored by Rep. Zoe Lofgren (D-CA16), would create green jobs for hurricane survivors rebuilding communities and restoring the environment. These resident-led recovery projects would build on the success of community organizations in Gulf Coast recovery, helping meet the overwhelming needs of individuals and communities devastated by hurricanes Katrina and Rita and the BP oil spill.

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