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Billno should always have and extension i.e. h1.ih

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 Continental Shelf for activities otherwise... (Introduced in House)

HR 793 IH

108th CONGRESS

1st Session

H. R. 793

IN THE HOUSE OF REPRESENTATIVES

February 13, 2003

Mrs. CUBIN introduced the following bill; which was referred to the Committee on Resources

A BILL

Be it enacted by the Senate and House of Representatives 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 interests 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 activities on the Outer Continental Shelf, consistent with other applicable laws.

(3) To expedite projects to increase the production, transmission, or conservation of energy on the Outer Continental Shelf.

(4) To provide for interagency coordination in the siting and permitting of energy-related activities on the Outer Continental Shelf.

(5) To ensure that energy-related activities on the Outer Continental Shelf are conducted in a manner that provides for safety, protection of the environment, prevention of waste, conservation of natural resources, the protection of correlative rights, and protection of national security interests.

(6) To authorize alternate uses of existing structures and facilities previously permitted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 note).

(7) To ensure that the Federal Government receives 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 Continental 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, transportation, 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 reasonable forms of annual or one-time payments for any easement or right-of-way granted under this subsection. 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 security and navigational obstruction.

`(C) The Secretary is authorized to issue an easement or right-of-way for energy and related purposes as described in paragraph (1) on a competitive or noncompetitive basis. In determining whether such easement or right-of-way shall be granted competitively or noncompetitively, the Secretary shall consider such factors as prevention of waste and conservation of natural resources, the economic viability of an energy project, protection of the environment, the national interest, national security, human safety, 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 affected States, shall prescribe any necessary regulations 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 subsection to furnish a surety bond or other form of security, 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 construed to displace, supersede, limit, or modify the jurisdiction, 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 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, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER CONTINENTAL SHELF.'.

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