99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–74 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1231) TO AMEND THE 

OUTER CONTINENTAL SHELF LANDS ACT TO REQUIRE THAT EACH 5- 

YEAR OFFSHORE OIL AND GAS LEASING PROGRAM OFFER LEASING IN 

THE AREAS WITH THE MOST PROSPECTIVE OIL AND GAS RESOURCES, 

TO ESTABLISH A DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL, 

AND FOR OTHER PURPOSES 

MAY 10, 2011.—Referred to the House Calendar and ordered to be printed 

Mr. REED, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 257] 

The Committee on Rules, having had under consideration House 

Resolution 257, by a record vote of 7 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1231, to amend 

the Outer Continental Shelf Lands Act to require that each 5-year 

offshore oil and gas leasing program offer leasing in the areas with 

the most prospective oil and gas resources, to establish a domestic 

oil and natural gas production goal, and for other purposes, under 

a structured rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources. The resolution waives all points of order against consideration of the bill. The 

resolution provides that the amendment recommended by the Committee on Natural Resources now printed in the bill shall be considered as adopted and that the bill, as amended, shall be considered as read. The resolution waives all points of order against provisions in the bill, as amended. The resolution makes in order only 

those amendments printed in this report. Each such amendment 

may be offered only in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report 

equally divided and controlled by the proponent and an opponent, 

shall not be subject to amendment, and shall not be subject to a 

demand for division of the question in the House or in the Committee of the Whole. All points of order against the amendments 


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printed in this report are waived. Finally, the resolution provides 

one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The resolution waives all points of order against consideration of 

the bill. This includes a waiver of clause 3(c)(4) of rule XIII, which 

requires the inclusion of general performance goals and objectives 

in a committee report. 

Although the rule waives all points of order against provisions in 

the bill, as amended, the Committee is not aware of any points of 

order against its provisions. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order against the amendments and therefore the 

waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 92 

Motion by Mr. McGovern to report an open rule. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Bishop of Utah .......................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... Nay 

Mr. Scott of South Carolina ............................. Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 93 

Motion by Mr. McGovern to amend the rule to make in order and 

provide the appropriate waivers for amendment No. 20, offered by 

Rep. Boswell (IA), which would require the Secretary of the Interior to include requirements for any person awarded a lease under 

the program to give preference to hiring veterans for activities 

under the lease. Defeated: 3–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Bishop of Utah .......................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... Nay 

Mr. Scott of South Carolina ............................. Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 94 

Motion by Mr. McGovern to amend the rule to add a new section 

at the end of the rule to provide for the immediate consideration, 

upon the adoption of the rule, of a bill consisting of the text of 

amendment No. 7, offered by Rep. McGovern under an open rule. 

Defeated: 3–6 


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Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Bishop of Utah .......................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... Nay 

Mr. Scott of South Carolina ............................. Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 95 

Motion by Mr. Hastings of Florida to amend the rule to make in 

order and provide the appropriate waivers for amendment No. 19, 

offered by Rep. Hastings (FL), which would prohibit any lease-sale 

from going forward where either the National Academy of Science 

or Intergovernmental Panel on Climate Change has determined 

that use by human beings of any non-renewable resource expected 

to be extracted from the subject property contributes to global climate change. Defeated: 3–7 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Bishop of Utah .......................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Nugent ....................................................... Nay 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 96 

Motion by Ms. Foxx to report a structured rule. Adopted: 7–3 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Bishop of Utah .......................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Nugent ....................................................... Yea 

Mr. Scott of South Carolina ............................. Yea 

Mr. Webster ...................................................... Yea 

Mr. Dreier, Chairman ....................................... Yea 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Hastings (WA): Manager’s Amendment Would make technical numbering corrections to section 2 of the bill. (10 minutes) 

2. Connolly (VA), Scott (VA), Moran (VA): Would clarify that new 

offshore drilling would not conflict with military operations. (10 

minutes) 

3. Markey (MA): Would require that new 5-year leasing plans require that companies bidding on new leases first renegotiate any 

royalty-free leases they own; thus raising more than $2 billion over 

10 years. (10 minutes) 

4. Keating (MA): Would require the Secretary to make public information about the lessee’s executive bonuses from the most recent quarter. (10 minutes) 

5. Tsongas (MA): Would require that all applicants for a drilling 

permit under a lease issued under H.R. 1231 would have to submit 

a worst-case scenario oil spill containment and clean-up plan. (10 

minutes) 


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6. Brown (FL): Would make permanent the current moratorium 

on drilling in the eastern gulf of Mexico that expires in 2022. (10 

minutes) 

7. Thompson, Mike (CA): Would clarify that the legislation does 

not allow for oil and gas drilling on the northern coast of California. (10 minutes) 

8. Inslee (WA): Would require the Washington state Governor 

and legislature approve any leasing of the Outer Continental Shelf 

off of Washington state. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 10, strike ‘‘(4)’’ and insert ‘‘(5)’’. 

Page 4, line 6, strike ‘‘(5)’’ and insert ‘‘(6)’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CONNOLLY

OF VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 12, insert ‘‘, except in locations that would interfere, 

conflict with, or impede operations of the Armed Forces,’’ after 

‘‘conduct lease sales’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 19, strike the closing quotation marks and the second period, and after line 19 insert the following new paragraph: 

‘‘(7) ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF

LEASES.— 

‘‘(A) ISSUANCE OF NEW LEASES.— ‘‘(i) IN GENERAL.—In each oil and gas leasing program under this section, beginning with the 2012– 

2017 5-year program, the Secretary of the Interior 

shall specify that the Secretary will not accept bids on 

any new leases offered pursuant to this Act from a 

person described in paragraph (2) unless the person 

has renegotiated each covered lease with respect to 

which the person is a lessee, to modify the payment 

responsibilities of the person to require the payment of 

royalties if the price of oil and natural gas is greater 

than or equal to the price thresholds described in 

clauses (v) through (vii) of section 8(a)(3)(C) of the 

Outer Continental Shelf Lands Act (43 U.S.C. 

1337(a)(3)(C)). 

‘‘(ii) PERSONS DESCRIBED.—A person referred to in 

clause (i) is a person that— 

‘‘(I) is a lessee that— 

‘‘(aa) holds a covered lease on the date on 

which the Secretary considers the issuance of 

the new lease; or 

‘‘(bb) was issued a covered lease before the 

date of enactment of this Act, but transferred 

the covered lease to another person or entity 


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(including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or 

‘‘(II) any other person that has any direct or indirect interest in, or that derives any benefit from, 

a covered lease. 

‘‘(iii) MULTIPLE LESSEES.— ‘‘(I) IN GENERAL.—For purposes of clause (1), if 

there are multiple lessees that own a share of a 

covered lease, the Secretary may implement separate agreements with any lessee with a share of 

the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or 

less than the price thresholds described in clauses 

(v) through (vii) of section 8(a)(3)(C) of the Outer 

Continental Shelf Lands Act (43 U.S.C. 

1337(a)(3)(C)). 

‘‘(II) TREATMENT OF SHARE AS COVERED LEASE.— Beginning on the effective date of an agreement 

under subclause (I), any share subject to the 

agreement shall not constitute a covered lease 

with respect to any lessees that entered into the 

agreement. 

‘‘(B) TRANSFERS.—A lessee or any other person who has 

any direct or indirect interest in, or who derives a benefit 

from, a covered lease shall not be eligible to obtain by sale 

or other transfer (including through a swap, spinoff, servicing, or other agreement) any new lease made available in 

an oil and gas leasing program under this section, or the 

economic benefit of such a new lease, unless the lessee or 

other person has— 

‘‘(i) renegotiated each covered lease with respect to 

which the lessee or person is a lessee, to modify the 

payment responsibilities of the lessee or person to include price thresholds that are equal to or less than 

the price thresholds described in clauses (v) through 

(vii) of section 8(a)(3)(C) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or 

‘‘(ii) entered into an agreement with the Secretary to 

modify the terms of all covered leases of the lessee or 

other person to include limitations on royalty relief 

based on market prices that are equal to or less than 

the price thresholds described in clauses (v) through 

(vii) of section 8(a)(3)(C) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). 

‘‘(C) DEFINITIONS.—In this paragraph— 

‘‘(i) COVERED LEASE.—The term ‘covered lease’ 

means a lease for oil or gas production in the Gulf of 

Mexico that is— 

‘‘(I) in existence on the date of enactment of this 

Act; 

‘‘(II) issued by the Department of the Interior 

under section 304 of the Outer Continental Shelf 

Deep Water Royalty Relief Act (43 U.S.C. 1337 

note; Public Law 104–58); and 


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‘‘(III) not subject to limitations on royalty relief 

based on market price that are equal to or less 

than the price thresholds described in clauses (v) 

through (vii) of section 8(a)(3)(C) of the Outer 

Continental Shelf Lands Act (43 U.S.C. 

1337(a)(3)(C)). 

‘‘(ii) LESSEE.—The term ‘lessee’ includes any person 

or other entity that controls, is controlled by, or is in 

or under common control with, a lessee. 

‘‘(iii) NEW LEASE.—The term ‘new lease’ means a 

lease issued in a lease sale under this Act. 

‘‘(iv) SECRETARY.—The term ‘Secretary’ means the 

Secretary of the Interior.’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KEATING

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 19, strike the closing quotation marks and the second period, and after line 19 insert the following new paragraph: 

‘‘(7) DATA REGARDING BONUSES PROVIDED TO EXECUTIVES.—In 

each oil and gas leasing program under this section, the Secretary shall include requirements under which the Secretary 

shall make available to the public data provided by each lessee 

under the program with respect to the bonuses provided to the 

executives of the lessee from the most recent quarter.’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TSONGAS

OF MASSACHUSETTS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, strike the closing quotation marks and second period at 

line 19, and after line 19 insert the following: 

‘‘(7) WORST-CASE CONTAINMENT AND CLEAN-UP PLAN REQUIRED.—The Secretary shall include, in each 5-year oil and 

gas leasing program, a requirement that each applicant for a 

permit to drill under a lease issued in a lease sale under the 

program must include a plan for containment and clean-up of 

a worst-case oil and gas discharge scenario in activities conducted under the permit, if issued.’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWN OF

FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 19, strike the closing quotation marks and the second period, and after line 19 insert the following new paragraph: 

‘‘(7) MAKING MORATORIUM IN THE EASTERN GULF OF MEXICO

PERMANENT.—The Secretary shall not make available for leasing in any oil and gas leasing program under this section any 

area referred to in section 104(a) of the Gulf of Mexico Energy 

Security Act of 2006 (title I of division C of Public Law 109– 

432; 43 U.S.C. 1331 note).’’. 


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7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THOMPSON

OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 19, strike the final closed quotation mark and the 

following period. 

Page 4, after line 19, insert the following new subparagraph: 

‘‘(C) Notwithstanding subparagraph (A), the Secretary may 

not include in any oil and gas leasing program under this paragraph any lease sale in the Northern California Planning 

Area.’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE INSLEE OF

WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, line 19, strike the closing quotation marks and the second period, and after line 19 insert the following new paragraph: 

‘‘(7) WASHINGTON STATE APPROVAL REQUIRED.—Under this 

section, the Secretary shall not make available for leasing for 

exploration, development, and production of oil and natural gas 

any area of the outer Continental Shelf off the coast of Washington unless such leasing is approved by the Governor and 

legislature of the State of Washington.’’. 

Æ 


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