I 
108TH CONGRESS 
1ST SESSION 
H. R. 793
To amend the Outer Continental Shelf Lands Act to authorize the Secretary 
of the Interior to grant easements and rights-of-way on the Outer Conti-
nental Shelf for activities otherwise authorized by that Act. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2003
Mrs. CUBIN introduced the following bill; which was referred to the Committee 
on Resources 
A BILL 
To amend the Outer Continental Shelf Lands Act to author-
ize the Secretary of the Interior to grant easements 
and rights-of-way on the Outer Continental Shelf for 
activities otherwise authorized by that Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ALTERNATE ENERGY-RELATED USES ON THE 
OUTER CONTINENTAL SHELF. 
(a) PURPOSES.—The purposes of this section are as 
follows: 
(1) To protect the economic and land use inter-
ests of the Federal Government in the management
granted under section 8(p) of the Outer Continental 
Shelf Lands Act. 
(b) AMENDMENT TO OUTER CONTINENTAL SHELF 
LANDS ACT.—Section 8 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337) is amended by adding at the 
end the following new subsection: 
‘‘(p) EASEMENTS OR RIGHTS-OF-WAY FOR ENERGY 
AND RELATED PURPOSES.—
‘‘(1) The Secretary, in consultation with the 
Secretary of the Department in which the Coast 
Guard is operating and other relevant departments 
and agencies of the Federal government, may grant 
an easement or right-of-way on the outer Conti-
nental Shelf for activities not otherwise authorized 
in this Act, the Deepwater Port Act of 1974 (33 
U.S.C. 1501 et seq.), or the Ocean Thermal Energy 
Conversion Act of 1980 (42 U.S.C. 9101 et seq.), or 
other applicable law when such activities—
‘‘(A) support exploration, development, 
production, transportation, or storage of oil, 
natural gas, or other minerals; 
‘‘(B) produce or support production, trans-
portation, or transmission of energy from 
sources other than oil and gas; or
‘‘(C) use facilities currently or previously 
used for activities authorized under this Act. 
‘‘(2)(A) The Secretary shall establish reason-
able forms of annual or one-time payments for any 
easement or right-of-way granted under this sub-
section. Such payments shall not be assessed on the 
basis of throughput or production. The Secretary 
may establish fees, rentals, bonus, or other payments 
by rule or by agreement with the party to whom the 
easement or right-of-way is granted. 
‘‘(B) Before exercising the authority granted 
under this subsection, the Secretary shall consult 
with the Secretary of Defense and other appropriate 
agencies concerning issues related to national secu-
rity and navigational obstruction. 
‘‘(C) The Secretary is authorized to issue an 
easement or right-of-way for energy and related pur-
poses as described in paragraph (1) on a competitive 
or noncompetitive basis. In determining whether 
such easement or right-of-way shall be granted com-
petitively or noncompetitively, the Secretary shall 
consider such factors as prevention of waste and 
conservation of natural resources, the economic via-
bility of an energy project, protection of the environ-
ment, the national interest, national security, human
safety, protection of correlative rights, and the po-
tential return for the easement or right-of-way. 
‘‘(3) The Secretary, in consultation with the 
Secretary of the Department in which the Coast 
Guard is operating and other relevant departments 
and agencies of the Federal Government and af-
fected States, shall prescribe any necessary regula-
tions to assure safety, protection of the environment, 
prevention of waste, and conservation of the natural 
resources of the outer Continental Shelf, protection 
of national security interests, and the protection of 
correlative rights therein. 
‘‘(4) The Secretary shall require the holder of 
an easement or right-of-way granted under this sub-
section to furnish a surety bond or other form of se-
curity, as prescribed by the Secretary, and to comply 
with such other requirements as the Secretary may 
deem necessary to protect the interests of the United 
States. 
‘‘(5) Nothing in this subsection shall be con-
strued to displace, supersede, limit, or modify the ju-
risdiction, responsibility, or authority of any Federal 
or State agency under any other Federal law.
‘‘(6) This subsection shall not apply to any area 
on the outer Continental Shelf designated as a Na-
tional Marine Sanctuary.’’. 
(c) CONFORMING AMENDMENT.—The text of the 
heading for section 8 of the Outer Continental Shelf 
Lands Act is amended to read as follows: ‘‘LEASES, EASE-
MENTS, AND RIGHTS-OF-WAY ON THE OUTER CONTI-
NENTAL SHELF.’’.
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