29–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–131 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1613) TO AMEND THE 

OUTER CONTINENTAL SHELF LANDS ACT TO PROVIDE FOR THE PROPER 

FEDERAL MANAGEMENT AND OVERSIGHT OF TRANSBOUNDARY HYDROCARBON RESERVOIRS, AND FOR OTHER PURPOSES; PROVIDING FOR 

CONSIDERATION OF THE BILL (H.R. 2231) TO AMEND THE OUTER CONTINENTAL SHELF LANDS ACT TO INCREASE ENERGY EXPLORATION AND 

PRODUCTION ON THE OUTER CONTINENTAL SHELF, PROVIDE FOR EQUITABLE REVENUE SHARING FOR ALL COASTAL STATES, IMPLEMENT 

THE REORGANIZATION OF THE FUNCTIONS OF THE FORMER MINERALS 

MANAGEMENT SERVICE INTO DISTINCT AND SEPARATE AGENCIES, AND 

FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL 

(H.R. 2410) MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014, 

AND FOR OTHER PURPOSES; PROVIDING FOR PROCEEDINGS DURING 

THE PERIOD FROM JUNE 29, 2013, THROUGH JULY 5, 2013; AND FOR 

OTHER PURPOSES 

JUNE 25, 2013.—Referred to the House Calendar and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 274] 

The Committee on Rules, having had under consideration House 

Resolution 274, by a nonrecord vote, 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. 1613, the Outer 

Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act, under a structured rule. The resolution provides 

one hour of 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 in the nature 

of a substitute recommended by the Committee on Natural Resources now printed in the bill shall be considered as adopted and 

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 the further amendment to 


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H.R. 1613 printed in Part A of this report, if offered by Representative Grayson of Florida. The amendment shall be considered as 

read, shall be separately debatable for 10 minutes 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. The resolution waives all points of order 

against the amendment printed in Part A of this report. The resolution provides one motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

2231, the Offshore Energy and Jobs Act, 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 makes in 

order as original text for purpose of amendment an amendment in 

the nature of a substitute consisting of the text of Rules Committee 

Print 113–16 and provides that it shall be considered as read. The 

resolution waives all points of order against the amendment in the 

nature of a substitute. The resolution makes in order only those 

further amendments to H.R. 2231 printed in Part B of 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. The resolution waives all 

points of order against the amendments printed in Part B of this 

report. The resolution provides one motion to recommit with or 

without instructions. 

Section 3 of the resolution provides for consideration of H.R. 

2410, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2014, under an 

open rule. The resolution provides one hour of general debate 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Appropriations. The resolution waives 

all points of order against consideration of the bill. The resolution 

waives points of order against provisions in the bill for failure to 

comply with clause 2 of rule XXI, except for sections 717, 718, the 

words ‘‘or any other’’ on page 64, line 13; the words ‘‘or any other’’ 

on page 65, line 9; and section 740. The resolution provides that 

the bill shall be considered for amendment under the five-minute 

rule. The resolution authorizes the Chair to accord priority in recognition to Members who have pre-printed their amendments in 

the Congressional Record. The resolution provides one motion to recommit with or without instructions. 

Section 4 of the resolution provides that on any legislative day 

during the period from June 29, 2013, through July 5, 2013: the 

Journal of the proceedings of the previous day shall be considered 

as approved; and the Chair may at any time declare the House adjourned to meet at a date and time within the limits of clause 4, 

section 5, article I of the Constitution, to be announced by the 

Chair in declaring the adjournment. 


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Section 5 of the resolution provides that the Speaker may appoint Members to perform the duties of the Chair for the duration 

of the period addressed by section 4 of the resolution as though 

under clause 8(a) of rule I. 

Section 6 of the resolution provides for consideration of concurrent resolutions providing for adjournment during the month of 

July. 

Section 7 of the resolution provides that the Committee on Appropriations may, at any time before 6 p.m. on Wednesday, July 3, 

2013, file privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2014. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 1613, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against provisions in the bill, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in Part A of this report, the Committee is not 

aware of any points of order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against consideration of H.R. 2231, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

The waiver of all points of order against the amendment in the 

nature of a substitute made in order as original text includes a 

waiver of clause 4 of rule XXI, which prohibits a bill or joint resolution carrying an appropriation from being reported by a committee 

not having jurisdiction to report appropriations. Provisions contained in section 301 of the bill as reported by the Committee on 

Natural Resources fall within the jurisdiction of the Committee on 

Appropriations. 

The waiver of all points of order against amendments printed in 

Part B of this report includes a waiver of section 303 of the Congressional Budget Act, prohibiting consideration of legislation providing new budget authority in the first fiscal year until a concurrent resolution on the budget for the applicable fiscal year has been 

agreed to. A waiver is necessary because amendment #5, offered by 

Rep. Cassidy (LA), first provides new budget authority in a fiscal 

year for which a budget resolution has not been agreed to (fiscal 

year 2024). 

The waiver of all points of order against consideration of H.R. 

2410 includes a waiver of clause 4(c) of rule XIII, which prohibits 

consideration of a general appropriations bill reported by the Committee on Appropriations in the House until the third calendar day 

on which printed hearings of the Committee on Appropriations 

thereon have been available to Members. 

The resolution waives clause 2 of rule XXI, which prohibits unauthorized appropriations or legislative provisions in an appropriations bill, against all provision in H.R. 2410, except for sections 

717, 718, the words ‘‘or any other’’ on page 64, line 13; the words 

‘‘or any other’’ on page 65, line 9; and section 740. The waiver is 

necessary because H.R. 2410 contains unauthorized appropriations 

and legislative provisions. Section 717 reduces the fiscal year 2014 


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funding level for SNAP employment and training programs from 

$90 million to $79 million. Section 718 reduces the mandatory 

funding levels established in H.R. 8 (of the 112th Congress) for the 

Watershed Rehabilitation Program, the Environmental Quality Incentives Program, the Farmland Protection Program, and the Wetlands Reserve Program. The words ‘‘or any other’’ on page 64, line 

13; the words ‘‘or any other’’ on page 65, line 9 reduce the amount 

of mandatory money that can be spent on the Child Nutrition Programs Entitlement Commodities, State Option Contracts and removal of defective commodities. In addition, it restricts the use of 

mandatory money the Secretary can spend to reestablish farmers’ 

purchasing power by making payment in connection with the normal production of any agricultural commodity for domestic consumption. Section 740 creates the National Hunger Center. The 

Chair of the Committee on Agriculture has requested that the provisions be exposed to a point of order on the House floor. 

Section 6 of the resolution includes a waiver of all points of order 

against consideration of a July 4th adjournment resolution. While 

adjournment resolutions are ordinarily privileged, a point of order 

could be raised against the July 4th district work period adjournment resolution on grounds that it violates section 309 of the Budget Act, which prohibits the House of Representatives from adjourning for more than three days in July unless the House has completed action on all appropriations bills. Since the House has not 

yet completed all action on appropriations bills, this provision is 

necessary to consider the July 4th adjournment resolution, absent 

a unanimous consent agreement. 

SUMMARY OF THE AMENDMENT TO H.R. 1613 IN PART A MADE IN

ORDER

1. Grayson (FL): Ensures that no portion of this legislation is 

construed as affecting the right of any state to prohibit the management, leasing, developing, and use of lands (including offshore 

oil drilling) beneath navigable waters within its boundaries. (10 

minutes) 

SUMMARY OF THE AMENDMENTS TO H.R. 2231 IN PART B MADE IN

ORDER

1. Brady, Kevin (TX): Requires the Secretary of the Interior to 

include those areas requested by State Governors in any environmental review conducted or statement prepared for the leasing program under the National Environmental Policy Act (NEPA). (10 

minutes) 

2. Hastings, Alcee (FL), Connolly (VA): Strikes section 204 because it eliminates environmental evaluation typically provided by 

an Environmental Impact Study (EIS) and because conducting a 

single multisale EIS for decisions with different timelines creates 

unnecessary conflicts in the EIS process. (10 minutes) 

3. Lamborn (CO): Prohibits the authorizing of leases under the 

Outer Continental Shelf Lands Act to any person in violation of 

various Iranian sanctions. (10 minutes) 

4. Flores (TX): Limits Bureau of Ocean Energy and Ocean Energy Safety Service activities related to the National Ocean Policy 

developed under Executive Order 13547. Requires a report be submitted to Congress identifying expenditures for fiscal years 2011– 


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2013 by the Bureau of Ocean Energy, Ocean Energy Safety Service, 

and their predecessor agencies. (10 minutes) 

5. Cassidy (LA): Lifts the offshore energy revenue sharing cap, 

as provided by the Gulf of Mexico Energy Security Act of 2006, 

from $500 million to $999 million for each of fiscal years 2024 

through 2055. (10 minutes) 

6. Cassidy (LA): Stipulates that no later than 60 days after the 

date of enactment of H.R. 2231, the Secretary of the Interior shall 

issue rules to provide more clarity, certainty, and stability to the 

revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006. (10 minutes) 

7. Rigell (VA): Requires the Bureau of Ocean Energy Management to permit seismic testing in the Atlantic Outer Continental 

Shelf of the United States by December 31, 2013. (10 minutes) 

8. DeFazio (OR): Prohibits offshore oil and gas leases in Bristol 

Bay off the coast of Alaska. (10 minutes) 

9. Broun (GA): Provides that all claims arising from projects taking place due to the underlying bill be filed within 60 days and resolved within 180 days. It would also place restrictions on appeals 

and institute a ‘‘loser pays’’ requirement on individuals or entities 

filing suit, except in specified circumstances, and stipulate that the 

amendment only applies to individuals or entities which are not 

party to the pending leases. (10 minutes) 

10. Grayson (FL): Ensures that no portion of this legislation is 

construed as affecting the right of any state to prohibit the management, leasing, developing, and use of lands (including offshore 

oil drilling) beneath navigable waters within its boundaries. (10 

minutes) 

11. Capps (CA), Brownley (CA), Lowenthal (CA): Ensures Section 

203, relating to oil and gas lease sales in the Southern California 

planning area, and Title III, relating to OCS revenue sharing with 

coastal states, have no force or effect. (10 minutes) 

PART A—TEXT OF AMENDMENT TO H.R. 1613 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAYSON

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. STATE RIGHTS AND AUTHORITY NOT AFFECTED. 

Nothing in this Act and the amendments made by this Act affects the right and power of each State to prohibit management, 

leasing, developing, and use of lands beneath navigable waters, and 

the natural resources within such lands, within its boundaries. 

PART B—TEXT OF AMENDMENTS TO H.R. 2231 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BRADY OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 8, before the period insert ‘‘, and shall include and 

consider all such subdivisions in any environmental review conVerDate Mar 15 2010 04:40 Jun 26, 2013 Jkt 029008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR131.XXX HR131

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ducted and statement prepared for such program under section 

102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 

4332(2))’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 11, beginning at line 3, strike section 204. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LAMBORN

OF COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following new section: 

SEC. 104. RULE OF CONSTRUCTION. 

Nothing in this Act shall be construed to authorize the issuance 

of a lease under the Outer Continental Shelf Lands Act (43 U.S.C. 

1331 et seq.) to any person designated for the imposition of sanctions pursuant to— 

(1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note), the 

Comprehensive Iran Sanctions, Accountability and Divestiture 

Act of 2010 (22 U.S.C. 8501 et seq.), the Iran Threat Reduction 

and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), 

section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a), or the Iran Freedom and 

Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.); 

(2) Executive Order 13622 (July 30, 2012), Executive Order 

13628 (October 9, 2012), or Executive Order 13645 (June 3, 

2013); 

(3) Executive Order 13224 (September 23, 2001) or Executive 

Order 13338 (May 11, 2004); or 

(4) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (22 U.S.C. 2151 note). 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLORES OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title IV add the following: 

SEC. 410. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY DEVELOPED UNDER EXECUTIVE ORDER 13547. 

(a) PROHIBITION.—The Bureau of Ocean Energy and the Ocean 

Energy Safety Service may not develop, propose, finalize, administer, or implement, any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive 

Order 13547. 

(b) REPORT ON EXPENDITURES.—Not later than 60 days after the 

date of enactment of this Act, the President shall submit a report 

to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the 

Senate identifying all Federal expenditures in fiscal years 2011, 

2012, and 2013, by the Bureau of Ocean Energy and the Ocean Energy Safety Service and their predecessor agencies, by agency, account, and any pertinent subaccounts, for the development, administration, or implementation of the coastal and marine spatial planVerDate Mar 15 2010 04:40 Jun 26, 2013 Jkt 029008 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR131.XXX HR131

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ning component of the National Ocean Policy developed under Executive Order 13547, including staff time, travel, and other related 

expenses. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASSIDY OF

LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF REVENUES. 

Section 105(f)(1) 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) shall be applied by substituting ‘‘2023, and shall not exceed 

$1,000,000,000 for each of fiscal years 2024 through 2055’’ for 

‘‘2055’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASSIDY OF

LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. RULES REGARDING DISTRIBUTION OF REVENUES UNDER 

GULF OF MEXICO ENERGY SECURITY ACT OF 2006. 

(a) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall issue rules to 

provide more clarity, certainty, and stability to the revenue 

streams contemplated by the Gulf of Mexico Energy Security Act 

of 2006 (43 U.S.C. 1331 note). 

(b) CONTENTS.—The rules shall include clarification of the timing 

and methods of disbursements of funds under section 105(b)(2) of 

such Act. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RIGELL OF

VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 


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TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. SEISMIC TESTING IN THE ATLANTIC OUTER CONTINENTAL 

SHELF. 

Not later than December 31, 2013, the Bureau of Ocean Energy 

Management shall publish a record of decision on the Atlantic 

G&G Programmatic Final Environmental Impact Statement. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. l01. PROHIBITION ON LEASING IN BRISTOL BAY OFF THE COAST 

OF ALASKA. 

(a) IN GENERAL.—Notwithstanding any other provision of this 

Act or any other law, the Secretary of the Interior may not issue 

any oil and gas lease for any area of the outer Continental Shelf 

(as that term is defined in the Outer Continental Shelf Lands Act 

(43 U.S.C. 1331 et seq.)) in Bristol Bay off the coast of Alaska. 

(b) OFFSET.—Notwithstanding any other provision of this Act, 

title III of this Act shall have no force or effect. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROUN OF

GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—JUDICIAL REVIEW 

SEC. l01. TIME FOR FILING COMPLAINT. 

(a) IN GENERAL.—Any cause of action that arises from a covered 

energy decision must be filed not later than the end of the 60-day 

period beginning on the date of the covered energy decision. Any 

cause of action not filed within this time period shall be barred. 

(b) EXCEPTION.—Subsection (a) shall not apply to a cause of action brought by a party to a covered energy lease. 

SEC. l02. DISTRICT COURT DEADLINE. 

(a) IN GENERAL.—All proceedings that are subject to section 

l01— 

(1) shall be brought in the United States district court for 

the district in which the Federal property for which a covered 

energy lease is issued is located or the United States District 

Court of the District of Columbia; 

(2) shall be resolved as expeditiously as possible, and in any 

event not more than 180 days after such cause or claim is filed; 

and 


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(3) shall take precedence over all other pending matters before the district court. 

(b) FAILURE TO COMPLY WITH DEADLINE.—If an interlocutory or 

final judgment, decree, or order has not been issued by the district 

court by the deadline described under this section, the cause or 

claim shall be dismissed with prejudice and all rights relating to 

such cause or claim shall be terminated. 

SEC. l03. ABILITY TO SEEK APPELLATE REVIEW. 

An interlocutory or final judgment, decree, or order of the district 

court in a proceeding that is subject to section l01 may be reviewed by the U.S. Court of Appeals for the District of Columbia 

Circuit. The D.C. Circuit shall resolve any such appeal as expeditiously as possible and, in any event, not more than 180 days after 

such interlocutory or final judgment, decree, or order of the district 

court was issued. 

SEC. l04. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 

(a) ADMINISTRATIVE FINDINGS AND CONCLUSIONS.—In any judicial review of any Federal action under this title, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by 

clear and convincing evidence contained in the administrative 

record. 

(b) LIMITATION ON PROSPECTIVE RELIEF.—In any judicial review 

of any action, or failure to act, under this title, the Court shall not 

grant or approve any prospective relief unless the Court finds that 

such relief is narrowly drawn, extends no further than necessary 

to correct the violation of a Federal law requirement, and is the 

least intrusive means necessary to correct the violation concerned. 

SEC. l05. LEGAL FEES. 

Any person filing a petition seeking judicial review of any action, 

or failure to act, under this title who is not a prevailing party shall 

pay to the prevailing parties (including intervening parties), other 

than the United States, fees and other expenses incurred by that 

party in connection with the judicial review, unless the Court finds 

that the position of the person was substantially justified or that 

special circumstances make an award unjust. 

SEC. l06. EXCLUSION. 

This title shall not apply with respect to disputes between the 

parties to a lease issued pursuant to an authorizing leasing statute 

regarding the obligations of such lease or the alleged breach thereof. 

SEC. l07. DEFINITIONS. 

In this title, the following definitions apply: 

(1) COVERED ENERGY DECISION.—The term ‘‘covered energy 

decision’’ means any action or decision by a Federal official regarding the issuance of a covered energy lease. 

(2) COVERED ENERGY LEASE.—The term ‘‘covered energy 

lease’’ means any lease under this Act or under an oil and gas 

leasing program under this Act. 


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10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAYSON

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. STATE RIGHTS AND AUTHORITY NOT AFFECTED. 

Noting in this Act and the amendments made by this Act affects 

the right and power of each State to prohibit management, leasing, 

developing, and use of lands beneath navigable waters, and the 

natural resources within such lands, within its boundaries. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CAPPS OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—MISCELLANEOUS 

PROVISIONS 

SEC. ll. PROVISIONS NOT EFFECTIVE. 

Notwithstanding any other provision of this Act, section 203 and 

title III shall have no force or effect. 

Æ 


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