Offshore Fairness Act of 2005 - Amends the Submerged Lands Act to require the Secretary of the Interior to convey the interest of the United States in the expanded submerged land of the states of Louisiana, Mississippi, and Alabama, if the state involved demonstrates that specified conditions will be met. Numbers among such conditions the requirement that the state enact, and keep updated, laws or promulgate regulations equivalent to federal law or regulations regarding: (1) the environmental protection, safety, and operations of any operation pipeline in existence on the date of conveyance; and (2) valuation of oil, gas, or other mineral production from existing interests for royalty purposes.
Provides that, if any existing federal oil and gas or other mineral lease or unit would be divided by the expanded seaward boundary of a state, the federal interest in the leased minerals underlying the portion of the lease or unit that lies within the expanded submerged boundary shall not be considered to be conveyed to the state until the date on which the lease or unit expires or is relinquished by the United States.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2634 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2634
To amend the Submerged Lands Act to make the seaward boundaries of the
States of Louisiana, Alabama, and Mississippi equivalent to the seaward
boundaries of the State of Texas and the Gulf Coast of Florida.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2005
Mr. Melancon (for himself, Mr. Baker, Mr. McCrery, Mr. Jefferson, Mr.
Alexander, Mr. Boustany, Mr. Jindal, and Mr. Bonner) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Submerged Lands Act to make the seaward boundaries of the
States of Louisiana, Alabama, and Mississippi equivalent to the seaward
boundaries of the State of Texas and the Gulf Coast of Florida.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Fairness Act of 2005''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide equity to the States of Louisiana,
Mississippi, and Alabama with respect to the seaward boundaries
of the States in the Gulf of Mexico by extending the seaward
boundaries from 3 geographical miles to 3 marine leagues if the
State meets certain conditions not later than 5 years after the
date of enactment of this Act;
(2) to convey to the States of Louisiana, Mississippi, and
Alabama the interest of the United States in the submerged land
of the outer Continental Shelf that is located in the extended
seaward boundaries of the States;
(3) to provide that any mineral leases, easements, rights-
of-use, and rights-of-way issued by the Secretary of the
Interior with respect to the submerged land to be conveyed
shall remain in full force and effect; and
(4) in conveying the submerged land, to ensure that the
rights of lessees, operators, and holders of easements, rights-
of-use, and rights-of-way on the submerged land are protected.
SEC. 3. SEAWARD BOUNDARY EXTENSION.
(a) In General.--Title II of the Submerged Lands Act (43 U.S.C.
1311 et seq.) is amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following:
``SEC. 11. EXTENSION OF SEAWARD BOUNDARIES OF THE STATES OF LOUISIANA,
MISSISSIPPI, AND ALABAMA.
``(a) Definitions.--In this section:
``(1) Existing interest.--The term `existing interest'
means any lease, easement, right-of-use, or right-of-way on, or
for any natural resource or minerals underlying, the expanded
submerged land that is existence on the date of the conveyance
of the expanded submerged land to the State under subsection
(b)(1).
``(2) Expanded seaward boundary.--The term `expanded
seaward boundary' means the seaward boundary of the State that
is 3 marine leagues seaward of the coast line of the State as
of the day before the date of enactment of this section.
``(3) Expanded submerged land.--The term `expanded
submerged land' means the area of the outer Continental Shelf
that is located between 3 geographical miles and 3 marine
leagues seaward of the coast line of the State as of the day
before the date of enactment of this section.
``(4) Interest owner.--The term `interest owner' means any
person that owns or holds an existing interest in the expanded
submerged land or portion of an existing interest in the
expanded submerged land.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) State.--The term `State' means each of the States of
Louisiana, Mississippi, and Alabama.
``(b) Conveyance of Expanded Submerged Land.--
``(1) In general.--If a State demonstrates to the
satisfaction of the Secretary that the conditions described in
paragraph (2) will be met, the Secretary shall, subject to
valid existing rights and subsection (c), convey to the State
the interest of the United States in the expanded submerged
land of the State.
``(2) Conditions.--A conveyance under paragraph (1) shall
be subject to the condition that--
``(A) on conveyance of the interest of the United
States in the expanded submerged land to the State
under paragraph (1)--
``(i) the Governor of the State (or a
delegate of the Governor) shall exercise the
powers and duties of the Secretary under the
terms of any existing interest, subject to the
requirement that the State and the officers of
the State may not exercise the powers to impose
any burden or requirement on any interest owner
that is more onerous or strict than the burdens
or requirements imposed under applicable
Federal law (including regulations) on owners
or holders of the same type of lease, easement,
right-of-use, or right-of-way on the outer
Continental Shelf seaward of the expanded
submerged land; and
``(ii) the State shall not impose any
administrative or judicial penalty or sanction
on any interest owner that is more severe than
the penalty or sanction under Federal law
(including regulations) applicable to owners or
holders of leases, easements, rights-of-use, or
rights-or-way on the outer Continental Shelf
seaward of the expanded submerged lands for the
same act, omission, or violation;
``(B) not later than 5 years after the date of
enactment of this section--
``(i) the State shall enact laws or
promulgate regulations with respect to the
environmental protection, safety, and
operations of any platform pipeline in
existence on the date of conveyance to the
State under paragraph (1) that is affixed to or
above the expanded submerged land that impose
the same requirements as Federal law (including
regulations) applicable to a platform pipeline
on the outer Continental Shelf seaward of the
expanded submerged land; and
``(ii) the State shall enact laws or
promulgate regulations for determining the
value of oil, gas, or other mineral production
from existing interests for royalty purposes
that establish the same requirements as the
requirements under Federal law (including
regulations) applicable to Federal leases for
the same minerals on the outer Continental
Shelf seaward of the expanded submerged land;
and
``(C) the State laws and regulations enacted or
promulgated under subparagraph (B) shall provide that
if Federal law (including regulations) applicable to
leases, easements, rights-of-use, or rights-of-way on
the outer Continental Shelf seaward of the expanded
submerged land are modified after the date on which the
State laws and regulations are enacted or promulgated,
the State laws and regulations applicable to existing
interests will be modified to reflect the change in
Federal laws (including regulations).
``(c) Exceptions.--
``(1) Mineral lease or unit divided.--
``(A) In general.--If any existing Federal oil and
gas or other mineral lease or unit would be divided by
the expanded seaward boundary of a State, the interest
of the United States in the leased minerals underlying
the portion of the lease or unit that lies within the
expanded submerged boundary shall not considered to be
conveyed to the State until the date on which the lease
or unit expires or is relinquished by the United
States.
``(B) Applicability for other purposes.--
Notwithstanding subparagraph (A), the expanded seaward
boundary of a State shall be the seaward boundary of
the State for all other purposes, including the
distribution of revenues under section 8(g)(2) of the
Outer Continental Shelf Lands Act (43 U.S.C.
1337(g)(2)).
``(2) Laws and regulations not sufficient.--If the
Secretary determines that any law or regulation enacted or
promulgated by a State under subparagraph (B) of subsection
(b)(2) does not meet the requirements of that subparagraph, the
Secretary shall not convey the expanded submerged land to the
State.
``(d) Interest Issued or Granted by the State.--This section does
not apply to any interest in the expanded submerged land that a State
issues or grants after the date of conveyance of the expanded submerged
land to the State under subsection (b)(1).
``(e) Liability.--
``(1) In general.--By accepting conveyance of the expanded
submerged land, the State agrees to indemnify the United States
for any liability to any interest owner for the taking of any
property interest or breach of contract from--
``(A) the conveyance of the expanded submerged land
to the State; or
``(B) the State's administration of any existing
interest under subsection (b)(2)(A)(i).
``(2) Deduction from oil and gas leasing revenues.--The
Secretary may deduct from the amounts otherwise payable to the
State under section 8(g)(2) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)(2)) the amount of any final
nonappealable judgment for a taking or breach of contract
described in paragraph (1).''.
(b) Conforming Amendment.--Section 2(b) of the Submerged Lands Act
(43 U.S.C. 1301(b)) is amended by striking ``section 4 hereof'' and
inserting ``section 4 or 11''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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