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[House Report 112-304]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-304

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          PROVIDING FOR OUR WORKFORCE AND ENERGY RESOURCES ACT

                                _______
                                

December 1, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2360]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2360) to amend the Outer Continental Shelf Lands 
Act to extend the Constitution, laws, and jurisdiction of the 
United States to installations and devices attached to the 
seabed of the Outer Continental Shelf for the production and 
support of production of energy from sources other than oil and 
gas, and for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          Purpose of the Bill

    The purpose of H.R. 2360 is to amend the Outer Continental 
Shelf Lands Act to extend the Constitution, laws, and 
jurisdiction of the United States to installations and devices 
attached to the seabed of the Outer Continental Shelf for the 
production and support of production of energy from sources 
other than oil and gas.

                  Background and Need for Legislation

    The Outer Continental Shelf Lands Act (OCSLA, 43 U.S.C. 
1331 et seq.) ensures that the Constitution and laws and civil 
and political jurisdiction of the United States are extended to 
the subsoil and seabed of the Outer Continental Shelf (OCS) for 
the purpose of exploring for, developing, or producing 
resources from there.
    While there is no doubt that under the OCSLA, the laws of 
the United States apply to offshore oil and gas platforms and 
mobile offshore drilling units, there has been some debate 
whether offshore wind energy turbines or other offshore 
renewable energy ventures would be affected by the OCSLA.
    The Committee on Natural Resources has determined 
legislation is needed to further clarify the application of 
OCSLA to all offshore energy development to eliminate 
uncertainty and to further clarify that the existing laws 
governing energy development on the OCS must be applied fully 
and fairly. As such, the intent of this legislation is to 
clarify existing law to ensure that all offshore energy 
development projects, including offshore wind energy and other 
future offshore renewable energy production, are held to the 
same standard as oil and gas development projects.
    U.S. Customs and Border Protection submitted comments 
expressing that the agency has no objection to the bill as 
written, though it reserves the right to submit additional 
comments regarding the implementation of this legislation in 
the future.

                            Committee Action

    H.R. 2360 was introduced on June 24, 2011, by Congressman 
Jeff Landry (R-LA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Energy and Mineral Resources. On September 13, 2011, the 
Subcommittee held a hearing on the bill. On October 5, 2011, 
the Full Natural Resources Committee met to consider the bill. 
The Subcommittee on Energy and Mineral Resources was discharged 
by unanimous consent. No amendments were offered to the bill 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2360--POWER Act

    H.R. 2360 would affirm federal jurisdiction and authority 
over the siting of certain facilities in the Outer Continental 
Shelf (OCS). It would amend existing law to expressly authorize 
the production of energy in the OCS from sources other than oil 
and natural gas and allow the siting of facilities for 
transmitting as well as transporting such resources.
    CBO estimates that enacting this bill would have no 
budgetary impact because the Department of the Interior 
currently approves alternative energy projects, such as 
offshore wind generation and transmission facilities, under 
existing law. Enacting H.R. 2360 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    HR. 2360 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Kathleen Gramp. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. CBO estimates that 
enacting this bill would have no budgetary impact because the 
Department of the Interior currently approves alternative 
energy projects, such as offshore wind generation and 
transmission facilities, under existing law.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Outer Continental Shelf 
Lands Act to extend the Constitution, laws, and jurisdiction of 
the United States to installations and devices attached to the 
seabed of the Outer Continental Shelf for the production and 
support of production of energy from sources other than oil and 
gas.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

SECTION 4 OF THE OUTER CONTINENTAL SHELF LANDS ACT

           *       *       *       *       *       *       *

  Sec. 4. Laws Applicable to Outer Continental Shelf.--   
(a)(1) The Constitution and laws and civil and political 
jurisdiction of the United States are hereby extended to the 
subsoil and seabed of the outer Continental Shelf and to all 
artificial islands, and all installations and other devices 
permanently or temporarily attached to the seabed which may be 
erected thereon for the purpose of exploring for, developing, 
or producing resources therefrom or producing or supporting 
production of energy from sources other than oil and gas, or 
any such installation or other device (other than a ship or 
vessel) for the purpose of transporting such resources or 
transmitting such energy, to the same extent as if the outer 
Continental shelf were an area of exclusive Federal 
jurisdiction located within a state: Provided, however, That 
mineral and other energy leases on the outer Continental Shelf 
shall be maintained or issued only under the provisions of this 
Act.

           *       *       *       *       *       *       *

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