Offshore Fairness Act

To extend the seaward boundaries of certain States, and for other purposes. 1. Short title This Act may be cited as the Offshore Fairness Act 2. Definitions In this Act: (1) Coast line The term coast line (2) Existing interest The term existing interest (3) Expanded seaward boundary The term expanded seaward boundary (4) Expanded submerged land The term expanded submerged land (5) Interest owner The term interest owner (6) Secretary The term Secretary (7) State The term State 3. Seaward boundaries of certain States (a) Seaward boundaries Section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 (1) by striking The (a) In general Except for the States described in subsection (b), the ; and (2) by adding at the end the following: (b) Seaward boundaries of certain coastal States Subject to subsection (a), the seaward boundary of each of the following States shall be a line 3 marine leagues distant from the coast line of the State as of the date that is 1 day before the date of enactment of the Offshore Fairness Act (1) Alabama. (2) Florida. (3) Georgia. (4) Louisiana. (5) Mississippi. (6) North Carolina. (7) South Carolina. (8) Virginia. . (b) Conforming amendments Section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 (1) in subsection (a)(2), by inserting , or 3 marine leagues distant from the coast line of a State described in section 4(b), the coast line of each such State (2) in subsection (b)— (A) by striking from the coast line (B) by inserting from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b), three geographical miles (C) by inserting from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b), three marine leagues 4. Conveyance (a) In general Subject to subsections (b) and (c) and section 5, the Secretary shall, by not later than 120 days after the date of enactment of this Act— (1) notify each State of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at the request of a State, convey to the applicable State the interest of the United States in and to the expanded submerged land. (b) Administration On conveyance under subsection (a), the Secretary shall transfer to the Governor of the State the authority to exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the condition that the State— (1) shall not impose any burdens or requirements on an interest owner that would be stricter than any burdens or requirements imposed under Federal law; and (2) shall not impose any administrative or judicial penalty or sanction on an interest owner that is more severe than any administrative or judicial penalty or sanction under current Federal law. (c) Liability As a condition of accepting the conveyance, the State shall agree to indemnify the United States from any liability to any interest owner for the taking of a property interest or breach of contract arising from— (1) the conveyance of the expanded submerged land to the State; or (2) the administration by the State of any existing interest on or underlying the expanded submerged land. 5. Effect (a) In general Subject to subsections (b) through (e), this Act and the amendments made by this Act shall not affect any valid existing right in and to the expanded submerged land. (b) Submerged land Submerged land within the seaward boundaries of a State (as extended by the amendments made by this Act) shall be— (1) subject to Federal oil and gas mineral rights to the extent provided by law; (2) considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. (3) subject to— (A) leasing under the authority of that Act; (B) the distribution of revenues under section 8(g)(2) of that Act ( 43 U.S.C. 1337(g)(2) (C) any other laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432 (c) Existing leases (1) In general The amendments made by this Act shall not affect any Federal oil and gas lease in effect on the date of conveyance under section 4. (2) Divided leases If the conveyance under section 4 results in a division of a Federal oil and gas lease that is in existence on the date of conveyance, the conveyance of the portion of the expanded submerged land that is covered by the lease shall not take effect until the date that is 1 day after the date that the lease expires or terminates. (d) Future interests This section shall not apply to any interest in the expanded submerged land that is granted by the State after the date on which the land is conveyed to the State under section 4. (e) Taxation (1) In general Subject to paragraph (2), a State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this Act). (2) Limitation Nothing in this subsection affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. 6. Fishery management rights (a) In general The Secretary of Commerce shall grant to each State exclusive fishery management authority over reef fish in the Gulf of Mexico and the Atlantic Ocean in the expanded submerged land. (b) Temporary additional authority (1) In general In addition to the authority granted under subsection (a) and subject to paragraph (2), the Secretary of Commerce shall grant to each State exclusive fishery management authority over the red snapper fish (lutjanus campechanus), in the Gulf of Mexico and the Atlantic Ocean in the area of the outer Continental Shelf that is located between the expanded seaward boundary of a State and the point that is 200 miles seaward of the coast line of the State, consistent with the jurisdictional limit of the exclusive economic zone. (2) Term The authority under paragraph (1) shall remain in effect for any State until the date on which the Governor of that State has certified to the Secretary of Commerce, in writing, that the Governor is confident that the stock assessments of the National Oceanic and Atmospheric Administration for the red snapper fish (lutjanus campechanus) within the authority of the State, as established by this Act, are— (A) accurate; and (B) based on sound science.

Summary: Offshore Fairness Act - Amends the Submerged Lands Act to extend the seaward boundaries of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia to a line three marine leagues (currently, three geographic miles) distant from the coast line. Directs the Secretary of the Interior to: (1) notify such states of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at such a state's request, convey to the applicable state the interest of the United States in and to such land. Prohibits states conveyed such land from imposing: (1) burdens or requirements on an interest owner that would be stricter than any federal burdens or requirements, and (2) administrative or judicial penalties or sanctions on an interest owner that are more severe than any federal administrative or judicial penalty or sanction. Declares submerged land within the seaward boundaries of such states to be subject to federal oil and gas mineral rights and to be considered part of the federal outer continental shelf for purposes of the Outer Continental Shelf Lands Act, the Gulf of Mexico Energy Security Act of 2006, and other laws applicable to the leasing of the oil and gas resources. Prohibits this Act from affecting any federal oil and gas lease in effect on the date of the land conveyance. Excludes from specified requirements and prohibitions any interest in the expanded submerged land that is granted by the state after the date on which the land is conveyed. Authorizes such states to exercise their sovereign taxation powers within the entire extent of the extended seaward boundaries. Prohibits this Act from affecting a state's authority to tax any federal oil and gas lease in effect on the date of enactment of this Act. Directs the Secretary of Commerce to grant such states exclusive fishery management authority over: (1) reef fish in the Gulf of Mexico and the Atlantic Ocean in the expanded submerged land, (2) red snapper fish in designated areas until the state's governor certifies that the stock assessments of the National Oceanic and Atmospheric Administration (NOAA) are accurate and based on sound science.