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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 296 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 296

            To amend the Outer Continental Shelf Lands Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. Panetta introduced the following bill; which was referred jointly 
to the Committee on Natural Resources and Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
            To amend the Outer Continental Shelf Lands Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL DECLARATION OF POLICY.

    Section 3(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1332(3)) is amended by striking ``expeditious and''.

SEC. 2. ADMINISTRATION OF LEASING.

    Section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1334(a)(2)) is amended--
            (1) by amending subparagraph (A) to read as follows:
            ``(A) that such cancellation shall occur if the Secretary 
        determines, after a hearing, that--
                    ``(i) activity pursuant to such lease or permit has 
                resulted in serious harm or damage or poses a serious 
                threat of serious harm or damage to life (including 
                fish and other aquatic life), to property, to any 
                mineral (in areas leased or not leased), to the 
                national security or defense, or to the marine, 
                coastal, or human environment; and
                    ``(ii) the environmental or other resources harmed 
                or placed at risk as described in clause (i) are of 
                substantial value;'';
            (2) in subparagraph (B) by--
                    (A) inserting ``or pursuant to an Act of Congress'' 
                after ``Secretary''; and
                    (B) striking ``five years'' and inserting ``one 
                year''; and
            (3) in subparagraph (C) by striking ``such compensation as 
        he shows'' and inserting ``such compensation (in the form of 
        currency, forgiveness of the lessee's obligation to pay rents 
        or royalties on another lease issued pursuant to this Act, or 
        credits against bonus payments for future lease purchases 
        pursuant to this Act) as the lessee shows''.

SEC. 3. OUTER CONTINENTAL SHELF LEASING PROGRAM.

    Section 18(c)(2) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1344(c)(2)) is amended in the third sentence by striking ``reply 
in writing'' and all that follows through the end of the sentence and 
inserting ``in writing grant the request or, if the Secretary finds, on 
the record after notice and an opportunity for a hearing, that the 
request was based on a material error of fact or that the Governor 
acted arbitrarily and capriciously in making the request, deny the 
request in whole or in part or grant the request in such modified form 
as the Secretary finds to be necessary to conform to the policy stated 
in section 3 of this Act.''.

SEC. 4. COORDINATION AND CONSULTATION WITH AFFECTED STATE AND LOCAL 
              GOVERNMENTS.

    (a) Determination of National Interest.--The second sentence of 
section 19(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1345(c)) is amended to read as follows: ``For purposes of this 
subsection, the national interest shall be determined by application of 
a balancing process that gives equal weight to obtaining oil and gas 
supplies and to protection of the environment, and that permits the 
consideration of other factors.''.
    (b) Finality of Acceptance or Rejection of Recommendations.--
Section 19(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1345(d)) is amended to read as follows:
    ``(d) The Secretary shall accept a Governor's recommendations as 
providing a reasonable balance between the national interest and the 
well-being of the citizens of the affected State unless the Secretary 
finds, on the record after notice and opportunity for a hearing, that 
the recommendations were based on a material error of fact or that the 
Governor acted arbitrarily and capriciously in making the 
recommendations.''.

SEC. 5. ENVIRONMENTAL STUDIES.

    Section 20(a)(2) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1346(a)(2)) is amended by adding at the end thereof the 
following new sentence: ``Each study required by paragraph (1) of this 
subsection shall be completed, subjected to peer review by at least 3 
qualified scientists not employed or compensated by the Secretary or 
any other interested party, and published, not later than 180 days 
before the date on which the lease sale is announced.''.

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