I
107TH CONGRESS
2D SESSION
H. R. 5156
To amend the Outer Continental Shelf Lands Act to protect the economic
and land use interests of the Federal Government in the management
of outer continental shelf lands for energy-related and certain other
purposes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 18, 2002
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 protect
the economic and land use interests of the Federal Gov-
ernment in the management of outer continental shelf
lands for energy-related and certain other purposes, and
for other purposes.
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
of the outer Continental Shelf for energy-related and
certain other purposes.
(2) To provide an administrative framework for
the oversight and management of energy-related ac-
tivities on the outer Continental Shelf, consistent
with other applicable laws.
(3) To provide for inter-agency coordination in
the siting and permitting of energy-related activities
on the outer Continental Shelf.
(4) To ensure that energy-related activities on
the outer Continental Shelf are conducted in a man-
ner that provides for safety, protection of the envi-
ronment, prevention of waste, conservation of nat-
ural resources, the protection of correlative rights,
and protection of national security interests.
(5) To authorize alternate uses of existing
structures and facilities previously permitted under
the Outer Continental Shelf Lands Act (43 U.S.C.
1331 note).
(6) To ensure that the Federal Government re-
ceives a fair return for any easement or right-of-way
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 or 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.)
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, including fees, rentals, or cash bonus pay-
ments. 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 concerning issues re-
lated to national security and navigational obstruc-
tion.
‘‘(C) The Secretary may issue an easement or
right-of-way for energy and related purposes as de-
scribed in paragraph (1) on a competitive or non-
competitive basis. In determining whether such ease-
ment or right-of-way shall be granted competitively
or non-competitively, the Secretary shall consider
such factors as prevention of waste and conservation
of natural resources, protection of the environment,
the national interest, national security, human safe-
ty, protection of correlative rights, and the potential
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, supercede, 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 by legisla-
tion as a National 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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