[House Report 112-304]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-304
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PROVIDING FOR OUR WORKFORCE AND ENERGY RESOURCES ACT
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December 1, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2360]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2360) to amend the Outer Continental Shelf Lands
Act to extend the Constitution, laws, and jurisdiction of the
United States to installations and devices attached to the
seabed of the Outer Continental Shelf for the production and
support of production of energy from sources other than oil and
gas, and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Bill
The purpose of H.R. 2360 is to amend the Outer Continental
Shelf Lands Act to extend the Constitution, laws, and
jurisdiction of the United States to installations and devices
attached to the seabed of the Outer Continental Shelf for the
production and support of production of energy from sources
other than oil and gas.
Background and Need for Legislation
The Outer Continental Shelf Lands Act (OCSLA, 43 U.S.C.
1331 et seq.) ensures that the Constitution and laws and civil
and political jurisdiction of the United States are extended to
the subsoil and seabed of the Outer Continental Shelf (OCS) for
the purpose of exploring for, developing, or producing
resources from there.
While there is no doubt that under the OCSLA, the laws of
the United States apply to offshore oil and gas platforms and
mobile offshore drilling units, there has been some debate
whether offshore wind energy turbines or other offshore
renewable energy ventures would be affected by the OCSLA.
The Committee on Natural Resources has determined
legislation is needed to further clarify the application of
OCSLA to all offshore energy development to eliminate
uncertainty and to further clarify that the existing laws
governing energy development on the OCS must be applied fully
and fairly. As such, the intent of this legislation is to
clarify existing law to ensure that all offshore energy
development projects, including offshore wind energy and other
future offshore renewable energy production, are held to the
same standard as oil and gas development projects.
U.S. Customs and Border Protection submitted comments
expressing that the agency has no objection to the bill as
written, though it reserves the right to submit additional
comments regarding the implementation of this legislation in
the future.
Committee Action
H.R. 2360 was introduced on June 24, 2011, by Congressman
Jeff Landry (R-LA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Energy and Mineral Resources. On September 13, 2011, the
Subcommittee held a hearing on the bill. On October 5, 2011,
the Full Natural Resources Committee met to consider the bill.
The Subcommittee on Energy and Mineral Resources was discharged
by unanimous consent. No amendments were offered to the bill
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 2360--POWER Act
H.R. 2360 would affirm federal jurisdiction and authority
over the siting of certain facilities in the Outer Continental
Shelf (OCS). It would amend existing law to expressly authorize
the production of energy in the OCS from sources other than oil
and natural gas and allow the siting of facilities for
transmitting as well as transporting such resources.
CBO estimates that enacting this bill would have no
budgetary impact because the Department of the Interior
currently approves alternative energy projects, such as
offshore wind generation and transmission facilities, under
existing law. Enacting H.R. 2360 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
HR. 2360 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Kathleen Gramp.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. CBO estimates that
enacting this bill would have no budgetary impact because the
Department of the Interior currently approves alternative
energy projects, such as offshore wind generation and
transmission facilities, under existing law.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Outer Continental Shelf
Lands Act to extend the Constitution, laws, and jurisdiction of
the United States to installations and devices attached to the
seabed of the Outer Continental Shelf for the production and
support of production of energy from sources other than oil and
gas.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 4 OF THE OUTER CONTINENTAL SHELF LANDS ACT
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Sec. 4. Laws Applicable to Outer Continental Shelf.--
(a)(1) The Constitution and laws and civil and political
jurisdiction of the United States are hereby extended to the
subsoil and seabed of the outer Continental Shelf and to all
artificial islands, and all installations and other devices
permanently or temporarily attached to the seabed which may be
erected thereon for the purpose of exploring for, developing,
or producing resources therefrom or producing or supporting
production of energy from sources other than oil and gas, or
any such installation or other device (other than a ship or
vessel) for the purpose of transporting such resources or
transmitting such energy, to the same extent as if the outer
Continental shelf were an area of exclusive Federal
jurisdiction located within a state: Provided, however, That
mineral and other energy leases on the outer Continental Shelf
shall be maintained or issued only under the provisions of this
Act.
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