United States 115th Congress Status: In Committee 1 R cosponsors

HR 4787 — Great Lakes Oil Spill Prevention Act

Last action — Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Great Lakes Oil Spill Prevention Act This bill establishes requirements for petroleum pipelines that cross the navigable waters of the Great Lakes system. The Pipeline and Hazardous Materials Safety Administration and the Department of Transportation must meet certain reporting requirements regarding Great Lakes pipelines. Owners and operators of Great Lakes pipelines must: adhere to certain maintenance standards, perform certain safety tests, report on violations of the standards and correct violations by specified deadlines, repair corroded pipelines and ensure that the pipelines cease to transmit petroleum until they are repaired, and replace aging pipelines by specified deadlines. The bill establishes civil penalties for a delay in correcting violations, a failure to report violations, and a failure to meet a deadline to replace aging pipes. The bill increases the liability of pipeline operators or owners who are responsible for discharges of oil pollution from pipelines into the Great Lakes. Responsible parties must establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the party may be subjected.

Bill Text

Sections of law this bill changes

4 sections in 2 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Oil pollution · 33 U.S.C. ch. 40 3 sections
  • § 2701 Definitions Amends

    33 U.S.C. § 2701

    The law today

    For the purposes of this Act, the term— (1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in section 2702(b) of this title, and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501–1524); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This term includes any motor vehicle, rolling stock, or pipeline used for one or more of these purposes; (10) “foreign offshore unit” means a facility which is located, in whole or in part, in the territorial sea or on the continental shelf of a foreign country and which is or was used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil produced from the seabed beneath the foreign country’s territorial sea or from the foreign country’s continental shelf; (11) “Fund” means the Oil Spill Liability Trust Fund, established by section 9509 of title 26; (12) “gross ton” has the meaning given that term by the Secretary under part J of title 46; (13) “guarantor” means any person, other than the responsible party, who provides evidence of financial responsibility for a responsible party under this Act; (14) “incident” means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial threat of discharge of oil; (15) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, but not including any Alaska Native regional or village corporation, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and has governmental authority over lands belonging to or controlled by the tribe; (16) “lessee” means a person holding a leasehold interest in an oil or gas lease on lands beneath navigable waters (as that term is defined in section 1301(a) of title 43) or on submerged lands of the Outer Continental Shelf, granted or maintained under applicable State law or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (17) “liable” or “liability” shall be construed to be the standard of liability which obtains under section 1321 of this title; (18) “mobile offshore drilling unit” means a vessel (other than a self-elevating lift vessel) capable of use as an offshore facility; (19) “National Contingency Plan” means the National Contingency Plan prepared and published under section 1321(d) of this title or revised under section 105 of the Comprehensive Environmental Response, Compens...

    17 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 2704 Limits on liability Amends

    33 U.S.C. § 2704 — at 2704(a)

    The law today

    (a) General rule Except as otherwise provided in this section, the total of the liability of a responsible party under section 2702 of this title and any removal costs incurred by, or on behalf of, the responsible party, with respect to each incident shall not exceed— (1) for a tank vessel the greater of— (A) with respect to a single-hull vessel, including a single-hull vessel fitted with double sides only or a double bottom only, $3,000 per gross ton; (B) with respect to a vessel other than a vessel referred to in subparagraph (A), $1,900 per gross ton; or (C) (i) with respect to a vessel greater than 3,000 gross tons that is— (I) a vessel described in subparagraph (A), $22,000,000; or (II) a vessel described in subparagraph (B), $16,000,000; or (ii) with respect to a vessel of 3,000 gross tons or less that is— (I) a vessel described in subparagraph (A), $6,000,000; or (II) a vessel described in subparagraph (B), $4,000,000; (2) for any other vessel, $950 per gross ton or $800,000, whichever is greater; (3) for an offshore facility except a deepwater port, the total of all removal costs plus $75,000,000; and (4) for any onshore facility and a deepwater port, $350,000,000. (b) Division of liability for mobile offshore drilling units (1) Treated first as tank vessel For purposes of determining the responsible party and applying this Act and except as provided in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of oil on or above the surface of the water. (2) Treated as facility for excess liability To the extent that removal costs and damages from any incident described in paragraph (1) exceed the amount for which a responsible party is liable (as that amount may be limited under subsection (a)(1)), the mobile offshore drilling unit is deemed to be an offshore facility. For purposes of applying subsection (a)(3), the amount specified in that subsection shall be reduced by the amount for which the responsible party is liable under paragraph (1). (c) Exceptions (1) Acts of responsible party Subsection (a) does not apply if the incident was proximately caused by— (A) gross negligence or willful misconduct of, or (B) the violation of an applicable Federal safety, construction, or operating regulation by, the responsible party, an agent or employee of the responsible party, or a person acting pursuant to a contractual relationship with the responsible party (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail). (2) Failure or refusal of responsible party Subsection (a) does not apply if the responsible party fails or refuses— (A) to report the incident as required by law and the responsible party knows or has reason to know of the incident; (B) to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or (C) without sufficient cause, to comply with an order issued under subsection (c) or (e) of section 1321 of this title or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.). (3) OCS facility or vessel Notwithstanding the limitations established under subsection (a) and the defenses of section 2703 of this title, all removal costs incurred by the United States Government or any State or local official or agency in connection with a discharge or substantial threat of a discharge of oil from any Outer Continental Shelf facility or a vessel carrying oil as cargo from such a facility shall be borne by the owner or operator of such facility or vessel. (4) Certain tank vessels Subsection (a)(1) shall not apply to— (A) a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title; and (B) a tank vessel that is designated in its certificate of inspection as an oil spill response ve...

    13 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 2716 Financial responsibility Amends

    33 U.S.C. § 2716 — at 2716(c)

    The law today

    (a) Requirement The responsible party for— (1) any vessel over 300 gross tons (except a non-self-propelled vessel that does not carry oil as cargo or fuel) using any place subject to the jurisdiction of the United States; (2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States; or (3) any tank vessel over 100 gross tons using any place subject to the jurisdiction of the United States; shall establish and maintain, in accordance with regulations promulgated by the Secretary, evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under section 2704(a) or (d) of this title, in a case where the responsible party would be entitled to limit liability under that section. If the responsible party owns or operates more than one vessel, evidence of financial responsibility need be established only to meet the amount of the maximum liability applicable to the vessel having the greatest maximum liability. (b) Sanctions (1) Withholding clearance The Secretary of the Treasury shall withhold or revoke the clearance required by section 60105 of title 46 of any vessel subject to this section that does not have the evidence of financial responsibility required for the vessel under this section. (2) Denying entry to or detaining vessels The Secretary may— (A) deny entry to any vessel to any place in the United States, or to the navigable waters, or (B) detain at the place, any vessel that, upon request, does not produce the evidence of financial responsibility required for the vessel under this section. (3) Seizure of vessel Any vessel subject to the requirements of this section which is found in the navigable waters without the necessary evidence of financial responsibility for the vessel shall be subject to seizure by and forfeiture to the United States. (c) Offshore facilities (1) In general (A) Evidence of financial responsibility required Except as provided in paragraph (2), a responsible party with respect to an offshore facility that— (i) (I) is located seaward of the line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters; or (II) is located in coastal inland waters, such as bays or estuaries, seaward of the line of ordinary low water along that portion of the coast that is not in direct contact with the open sea; (ii) is used for exploring for, drilling for, producing, or transporting oil from facilities engaged in oil exploration, drilling, or production; and (iii) has a worst-case oil spill discharge potential of more than 1,000 barrels of oil (or a lesser amount if the President determines that the risks posed by such facility justify it), shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or (C), as applicable. (B) Amount required generally Except as provided in subparagraph (C), the amount of financial responsibility for offshore facilities that meet the criteria of subparagraph (A) is— (i) $35,000,000 for an offshore facility located seaward of the seaward boundary of a State; or (ii) $10,000,000 for an offshore facility located landward of the seaward boundary of a State. (C) Greater amount If the President determines that an amount of financial responsibility for a responsible party greater than the amount required by subparagraph (B) is justified based on the relative operational, environmental, human health, and other risks posed by the quantity or quality of oil that is explored for, drilled for, produced, or transported by the responsible party, the evidence of financial responsibility required shall be for an amount determined by the President not exceeding $150,000,000. (D) Multiple facilities In a case in which a person is a responsible party for more than one facility subj...

    8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Safety · 49 U.S.C. ch. 601 1 section
  • § 60101 Definitions Amends

    49 U.S.C. § 60101 — at 60101(a)

    The law today

    (a) General.— In this chapter— (1) “existing liquefied natural gas facility”— (A) means a liquefied natural gas facility for which an application to approve the site, construction, or operation of the facility was filed before March 1, 1978, with— (i) the Federal Energy Regulatory Commission (or any predecessor); or (ii) the appropriate State or local authority, if the facility is not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.); but (B) does not include a facility on which construction is begun after November 29, 1979, without the approval; (2) “gas” means natural gas, flammable gas, or toxic or corrosive gas; (3) “gas pipeline facility” includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation; (4) “hazardous liquid” means— (A) petroleum or a petroleum product; (B) nonpetroleum fuel, including biofuel, that is flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities; and (C) a substance the Secretary of Transportation decides may pose an unreasonable risk to life or property when transported by a hazardous liquid pipeline facility in a liquid state (except for liquefied natural gas); (5) “hazardous liquid pipeline facility” includes a pipeline, a right of way, a facility, a building, or equipment used or intended to be used in transporting hazardous liquid; (6) “interstate gas pipeline facility” means a gas pipeline facility— (A) used to transport gas; and (B) subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.); (7) “interstate hazardous liquid pipeline facility” means a hazardous liquid pipeline facility used to transport hazardous liquid in interstate or foreign commerce; (8) “interstate or foreign commerce”— (A) related to gas, means commerce— (i) between a place in a State and a place outside that State; or (ii) that affects any commerce described in subclause (A)(i) of this clause; and (B) related to hazardous liquid, means commerce between— (i) a place in a State and a place outside that State; or (ii) places in the same State through a place outside the State; (9) “intrastate gas pipeline facility” means a gas pipeline facility and transportation of gas within a State not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.); (10) “intrastate hazardous liquid pipeline facility” means a hazardous liquid pipeline facility that is not an interstate hazardous liquid pipeline facility; (11) “liquefied natural gas” means natural gas in a liquid or semisolid state; (12) “liquefied natural gas accident” means a release, burning, or explosion of liquefied natural gas from any cause, except a release, burning, or explosion that, under regulations prescribed by the Secretary, does not pose a threat to public health or safety, property, or the environment; (13) “liquefied natural gas conversion” means conversion of natural gas into liquefied natural gas or conversion of liquefied natural gas into natural gas; (14) “liquefied natural gas pipeline facility”— (A) means a gas pipeline facility used for transporting or storing liquefied natural gas, or for liquefied natural gas conversion, in interstate or foreign commerce; but (B) does not include any part of a structure or equipment located in navigable waters (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)); (15) “municipality” means a political subdivision of a State; (16) “new liquefied natural gas pipeline facility” means a liquefied natural gas pipeline facility except an existing liquefied natural gas pipeline facility; (17) “person”, in addition to its meaning under section 1 of title 1 (except as to societies), includes a State, a municipality, and a trustee, receiver, assignee, or personal representative of a person; (18) “pipeline facility” means a gas pipeline facility and a hazardous ...

    9 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 26 U.S.C. § 9509

How this bill changes current law

2 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds regulations and liability provisions specifically for Great Lakes pipelines, enhancing safety and financial responsibility requirements.

  • 33 U.S.C. 2704(a)

    for any onshore facility and a deepwater port, $350,000,000. → for a Great Lakes pipeline, the total of all removal costs plus $75,000,000.

    Establishes a specific removal cost liability cap for spills from Great Lakes pipelines.

  • 33 U.S.C. 2716(c)

    a responsible party with respect to an offshore facility shall establish and maintain evidence of financial responsibility in the amount required under subparagraph (B) or (C), as applicable. → A responsible party with respect to a Great Lakes pipeline shall establish and maintain evidence of financial responsibility in the same manner as described in paragraph (1).

    Requires responsible parties for Great Lakes pipelines to maintain financial responsibility similar to the existing requirements for offshore facilities.

Action History

  1. Referred to the Subcommittee on Coast Guard and Maritime Transportation.

  2. Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

  3. Introduced in House

  4. Introduced in House

  5. Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, 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.

  6. Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment transportation
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Frequently asked questions

What does HR 4787 do?
Great Lakes Oil Spill Prevention Act This bill establishes requirements for petroleum pipelines that cross the navigable waters of the Great Lakes system. The Pipeline and Hazardous Materials Safety Administration and the Department of Transportation must meet certain reporting requirements regarding Great Lakes pipelines. Owners and operators of Great Lakes pipelines must: adhere to certain maintenance standards, perform certain safety tests, report on violations of the standards and correct violations by specified deadlines, repair corroded pipelines and ensure that the pipelines cease to transmit petroleum until they are repaired, and replace aging pipelines by specified deadlines. The bill establishes civil penalties for a delay in correcting violations, a failure to report violations, and a failure to meet a deadline to replace aging pipes. The bill increases the liability of pipeline operators or owners who are responsible for discharges of oil pollution from pipelines into the Great Lakes. Responsible parties must establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the party may be subjected.
Who sponsors HR 4787?
HR 4787 is sponsored by Bishop, Mike (Republican).
What is the current status of HR 4787?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 4787?
Track HR 4787 free on One Click Politics — get push/email alerts when it moves.

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