[House Report 113-131]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-131

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1613) TO AMEND THE OUTER 
     CONTINENTAL SHELF LANDS ACT TO PROVIDE FOR THE PROPER FEDERAL 
 MANAGEMENT AND OVERSIGHT OF TRANSBOUNDARY HYDROCARBON RESERVOIRS, AND 
FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2231) 
   TO AMEND THE OUTER CONTINENTAL SHELF LANDS ACT TO INCREASE ENERGY 
EXPLORATION AND PRODUCTION ON THE OUTER CONTINENTAL SHELF, PROVIDE FOR 
    EQUITABLE REVENUE SHARING FOR ALL COASTAL STATES, IMPLEMENT THE 
   REORGANIZATION OF THE FUNCTIONS OF THE FORMER MINERALS MANAGEMENT 
 SERVICE INTO DISTINCT AND SEPARATE AGENCIES, AND FOR OTHER PURPOSES; 
      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2410) MAKING 
   APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
   ADMINISTRATION, AND RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR 
   ENDING SEPTEMBER 30, 2014, AND FOR OTHER PURPOSES; PROVIDING FOR 
PROCEEDINGS DURING THE PERIOD FROM JUNE 29, 2013, THROUGH JULY 5, 2013; 
                         AND FOR OTHER PURPOSES

                                _______
                                

   June 25, 2013.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 274]

    The Committee on Rules, having had under consideration 
House Resolution 274, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1613, the 
Outer Continental Shelf Transboundary Hydrocarbon Agreements 
Authorization Act, under a structured rule. The resolution 
provides one hour of debate equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Natural Resources. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
the amendment in the nature of a substitute recommended by the 
Committee on Natural Resources now printed in the bill shall be 
considered as adopted and the bill, as amended, shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill, as amended. The resolution 
makes in order only the further amendment to H.R. 1613 printed 
in Part A of this report, if offered by Representative Grayson 
of Florida. The amendment shall be considered as read, shall be 
separately debatable for 10 minutes equally divided and 
controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
division of the question. The resolution waives all points of 
order against the amendment printed in Part A of this report. 
The resolution provides one motion to recommit with or without 
instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 2231, the Offshore Energy and Jobs Act, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Natural Resources. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
purpose of amendment an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 113-16 and 
provides that it shall be considered as read. The resolution 
waives all points of order against the amendment in the nature 
of a substitute. The resolution makes in order only those 
further amendments to H.R. 2231 printed in Part B of this 
report. Each such amendment may be offered only in the order 
printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in Part B of this report. 
The resolution provides one motion to recommit with or without 
instructions.
    Section 3 of the resolution provides for consideration of 
H.R. 2410, the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2014, 
under an open rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Appropriations. The 
resolution waives all points of order against consideration of 
the bill. The resolution waives points of order against 
provisions in the bill for failure to comply with clause 2 of 
rule XXI, except for sections 717, 718, the words ``or any 
other'' on page 64, line 13; the words ``or any other'' on page 
65, line 9; and section 740. The resolution provides that the 
bill shall be considered for amendment under the five-minute 
rule. The resolution authorizes the Chair to accord priority in 
recognition to Members who have pre-printed their amendments in 
the Congressional Record. The resolution provides one motion to 
recommit with or without instructions.
    Section 4 of the resolution provides that on any 
legislative day during the period from June 29, 2013, through 
July 5, 2013: the Journal of the proceedings of the previous 
day shall be considered as approved; and the Chair may at any 
time declare the House adjourned to meet at a date and time 
within the limits of clause 4, section 5, article I of the 
Constitution, to be announced by the Chair in declaring the 
adjournment.
    Section 5 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period addressed by section 4 of the resolution 
as though under clause 8(a) of rule I.
    Section 6 of the resolution provides for consideration of 
concurrent resolutions providing for adjournment during the 
month of July.
    Section 7 of the resolution provides that the Committee on 
Appropriations may, at any time before 6 p.m. on Wednesday, 
July 3, 2013, file privileged reports to accompany measures 
making appropriations for the fiscal year ending September 30, 
2014.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 1613, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in the bill, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in Part A of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 2231, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against the amendment in 
the nature of a substitute made in order as original text 
includes a waiver of clause 4 of rule XXI, which prohibits a 
bill or joint resolution carrying an appropriation from being 
reported by a committee not having jurisdiction to report 
appropriations. Provisions contained in section 301 of the bill 
as reported by the Committee on Natural Resources fall within 
the jurisdiction of the Committee on Appropriations.
    The waiver of all points of order against amendments 
printed in Part B of this report includes a waiver of section 
303 of the Congressional Budget Act, prohibiting consideration 
of legislation providing new budget authority in the first 
fiscal year until a concurrent resolution on the budget for the 
applicable fiscal year has been agreed to. A waiver is 
necessary because amendment #5, offered by Rep. Cassidy (LA), 
first provides new budget authority in a fiscal year for which 
a budget resolution has not been agreed to (fiscal year 2024).
    The waiver of all points of order against consideration of 
H.R. 2410 includes a waiver of clause 4(c) of rule XIII, which 
prohibits consideration of a general appropriations bill 
reported by the Committee on Appropriations in the House until 
the third calendar day on which printed hearings of the 
Committee on Appropriations thereon have been available to 
Members.
    The resolution waives clause 2 of rule XXI, which prohibits 
unauthorized appropriations or legislative provisions in an 
appropriations bill, against all provision in H.R. 2410, except 
for sections 717, 718, the words ``or any other'' on page 64, 
line 13; the words ``or any other'' on page 65, line 9; and 
section 740. The waiver is necessary because H.R. 2410 contains 
unauthorized appropriations and legislative provisions. Section 
717 reduces the fiscal year 2014 funding level for SNAP 
employment and training programs from $90 million to $79 
million. Section 718 reduces the mandatory funding levels 
established in H.R. 8 (of the 112th Congress) for the Watershed 
Rehabilitation Program, the Environmental Quality Incentives 
Program, the Farmland Protection Program, and the Wetlands 
Reserve Program. The words ``or any other'' on page 64, line 
13; the words ``or any other'' on page 65, line 9 reduce the 
amount of mandatory money that can be spent on the Child 
Nutrition Programs Entitlement Commodities, State Option 
Contracts and removal of defective commodities. In addition, it 
restricts the use of mandatory money the Secretary can spend to 
reestablish farmers' purchasing power by making payment in 
connection with the normal production of any agricultural 
commodity for domestic consumption. Section 740 creates the 
National Hunger Center. The Chair of the Committee on 
Agriculture has requested that the provisions be exposed to a 
point of order on the House floor.
    Section 6 of the resolution includes a waiver of all points 
of order against consideration of a July 4th adjournment 
resolution. While adjournment resolutions are ordinarily 
privileged, a point of order could be raised against the July 
4th district work period adjournment resolution on grounds that 
it violates section 309 of the Budget Act, which prohibits the 
House of Representatives from adjourning for more than three 
days in July unless the House has completed action on all 
appropriations bills. Since the House has not yet completed all 
action on appropriations bills, this provision is necessary to 
consider the July 4th adjournment resolution, absent a 
unanimous consent agreement.

     SUMMARY OF THE AMENDMENT TO H.R. 1613 IN PART A MADE IN ORDER

    1. Grayson (FL): Ensures that no portion of this 
legislation is construed as affecting the right of any state to 
prohibit the management, leasing, developing, and use of lands 
(including offshore oil drilling) beneath navigable waters 
within its boundaries. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 2231 IN PART B MADE IN ORDER

    1. Brady, Kevin (TX): Requires the Secretary of the 
Interior to include those areas requested by State Governors in 
any environmental review conducted or statement prepared for 
the leasing program under the National Environmental Policy Act 
(NEPA). (10 minutes)
    2. Hastings, Alcee (FL), Connolly (VA): Strikes section 204 
because it eliminates environmental evaluation typically 
provided by an Environmental Impact Study (EIS) and because 
conducting a single multisale EIS for decisions with different 
timelines creates unnecessary conflicts in the EIS process. (10 
minutes)
    3. Lamborn (CO): Prohibits the authorizing of leases under 
the Outer Continental Shelf Lands Act to any person in 
violation of various Iranian sanctions. (10 minutes)
    4. Flores (TX): Limits Bureau of Ocean Energy and Ocean 
Energy Safety Service activities related to the National Ocean 
Policy developed under Executive Order 13547. Requires a report 
be submitted to Congress identifying expenditures for fiscal 
years 2011-2013 by the Bureau of Ocean Energy, Ocean Energy 
Safety Service, and their predecessor agencies. (10 minutes)
    5. Cassidy (LA): Lifts the offshore energy revenue sharing 
cap, as provided by the Gulf of Mexico Energy Security Act of 
2006, from $500 million to $999 million for each of fiscal 
years 2024 through 2055. (10 minutes)
    6. Cassidy (LA): Stipulates that no later than 60 days 
after the date of enactment of H.R. 2231, the Secretary of the 
Interior shall issue rules to provide more clarity, certainty, 
and stability to the revenue streams contemplated by the Gulf 
of Mexico Energy Security Act of 2006. (10 minutes)
    7. Rigell (VA): Requires the Bureau of Ocean Energy 
Management to permit seismic testing in the Atlantic Outer 
Continental Shelf of the United States by December 31, 2013. 
(10 minutes)
    8. DeFazio (OR): Prohibits offshore oil and gas leases in 
Bristol Bay off the coast of Alaska. (10 minutes)
    9. Broun (GA): Provides that all claims arising from 
projects taking place due to the underlying bill be filed 
within 60 days and resolved within 180 days. It would also 
place restrictions on appeals and institute a ``loser pays'' 
requirement on individuals or entities filing suit, except in 
specified circumstances, and stipulate that the amendment only 
applies to individuals or entities which are not party to the 
pending leases. (10 minutes)
    10. Grayson (FL): Ensures that no portion of this 
legislation is construed as affecting the right of any state to 
prohibit the management, leasing, developing, and use of lands 
(including offshore oil drilling) beneath navigable waters 
within its boundaries. (10 minutes)
    11. Capps (CA), Brownley (CA), Lowenthal (CA): Ensures 
Section 203, relating to oil and gas lease sales in the 
Southern California planning area, and Title III, relating to 
OCS revenue sharing with coastal states, have no force or 
effect. (10 minutes)

          PART A--TEXT OF AMENDMENT TO H.R. 1613 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Grayson of Florida or 
                 His Designee, Debatable for 10 Minutes

    Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __. STATE RIGHTS AND AUTHORITY NOT AFFECTED.

  Nothing in this Act and the amendments made by this Act 
affects the right and power of each State to prohibit 
management, leasing, developing, and use of lands beneath 
navigable waters, and the natural resources within such lands, 
within its boundaries.

         PART B--TEXT OF AMENDMENTS TO H.R. 2231 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Brady of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 3, line 8, before the period insert ``, and shall 
include and consider all such subdivisions in any environmental 
review conducted and statement prepared for such program under 
section 102(2) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2))''.
                              ----------                              


2. An Amendment To Be Offered by Representative Hastings of Florida or 
                 His Designee, Debatable for 10 Minutes

    Page 11, beginning at line 3, strike section 204.
                              ----------                              


3. An Amendment To Be Offered by Representative Lamborn of Colorado or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, add the following new section:

SEC. 104. RULE OF CONSTRUCTION.

  Nothing in this Act shall be construed to authorize the 
issuance of a lease under the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.) to any person designated for the 
imposition of sanctions pursuant to--
          (1) the Iran Sanctions Act of 1996 (50 U.S.C. 1701 
        note), the Comprehensive Iran Sanctions, Accountability 
        and Divestiture Act of 2010 (22 U.S.C. 8501 et seq.), 
        the Iran Threat Reduction and Syria Human Rights Act of 
        2012 (22 U.S.C. 8701 et seq.), section 1245 of the 
        National Defense Authorization Act for Fiscal Year 2012 
        (22 U.S.C. 8513a), or the Iran Freedom and Counter-
        Proliferation Act of 2012 (22 U.S.C. 8801 et seq.);
          (2) Executive Order 13622 (July 30, 2012), Executive 
        Order 13628 (October 9, 2012), or Executive Order 13645 
        (June 3, 2013);
          (3) Executive Order 13224 (September 23, 2001) or 
        Executive Order 13338 (May 11, 2004); or
          (4) the Syria Accountability and Lebanese Sovereignty 
        Restoration Act of 2003 (22 U.S.C. 2151 note).
                              ----------                              


4. An Amendment To Be Offered by Representative Flores of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of title IV add the following:

SEC. 410. PROHIBITION ON ACTION BASED ON NATIONAL OCEAN POLICY 
                    DEVELOPED UNDER EXECUTIVE ORDER 13547.

  (a) Prohibition.--The Bureau of Ocean Energy and the Ocean 
Energy Safety Service may not develop, propose, finalize, 
administer, or implement, any limitation on activities under 
their jurisdiction as a result of the coastal and marine 
spatial planning component of the National Ocean Policy 
developed under Executive Order 13547.
  (b) Report on Expenditures.--Not later than 60 days after the 
date of enactment of this Act, the President shall submit a 
report to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate identifying all Federal expenditures in 
fiscal years 2011, 2012, and 2013, by the Bureau of Ocean 
Energy and the Ocean Energy Safety Service and their 
predecessor agencies, by agency, account, and any pertinent 
subaccounts, for the development, administration, or 
implementation of the coastal and marine spatial planning 
component of the National Ocean Policy developed under 
Executive Order 13547, including staff time, travel, and other 
related expenses.
                              ----------                              


5. An Amendment To Be Offered by Representative Cassidy of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF 
                    REVENUES.

  Section 105(f)(1) of the Gulf of Mexico Energy Security Act 
of 2006 (title I of division C of Public Law 109-432; 43 U.S.C. 
1331 note) shall be applied by substituting ``2023, and shall 
not exceed $1,000,000,000 for each of fiscal years 2024 through 
2055'' for ``2055''.
                              ----------                              


6. An Amendment To Be Offered by Representative Cassidy of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __. RULES REGARDING DISTRIBUTION OF REVENUES UNDER GULF OF MEXICO 
                    ENERGY SECURITY ACT OF 2006.

  (a) In General.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of the Interior shall 
issue rules to provide more clarity, certainty, and stability 
to the revenue streams contemplated by the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 note).
  (b) Contents.--The rules shall include clarification of the 
timing and methods of disbursements of funds under section 
105(b)(2) of such Act.
                              ----------                              


 7. An Amendment To Be Offered by Representative Rigell of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __. SEISMIC TESTING IN THE ATLANTIC OUTER CONTINENTAL SHELF.

  Not later than December 31, 2013, the Bureau of Ocean Energy 
Management shall publish a record of decision on the Atlantic 
G&G Programmatic Final Environmental Impact Statement.
                              ----------                              


 8. An Amendment To Be Offered by Representative DeFazio of Oregon or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. _01. PROHIBITION ON LEASING IN BRISTOL BAY OFF THE COAST OF 
                    ALASKA.

  (a) In General.--Notwithstanding any other provision of this 
Act or any other law, the Secretary of the Interior may not 
issue any oil and gas lease for any area of the outer 
Continental Shelf (as that term is defined in the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) in 
Bristol Bay off the coast of Alaska.
  (b) Offset.--Notwithstanding any other provision of this Act, 
title III of this Act shall have no force or effect.
                              ----------                              


9. An Amendment To Be Offered by Representative Broun of Georgia or His 
                   Designee, Debatable for 10 Minutes

    Add at the end the following:

                       TITLE __--JUDICIAL REVIEW

SEC. _01. TIME FOR FILING COMPLAINT.

  (a) In General.--Any cause of action that arises from a 
covered energy decision must be filed not later than the end of 
the 60-day period beginning on the date of the covered energy 
decision. Any cause of action not filed within this time period 
shall be barred.
  (b) Exception.--Subsection (a) shall not apply to a cause of 
action brought by a party to a covered energy lease.

SEC. _02. DISTRICT COURT DEADLINE.

  (a) In General.--All proceedings that are subject to section 
_01--
          (1) shall be brought in the United States district 
        court for the district in which the Federal property 
        for which a covered energy lease is issued is located 
        or the United States District Court of the District of 
        Columbia;
          (2) shall be resolved as expeditiously as possible, 
        and in any event not more than 180 days after such 
        cause or claim is filed; and
          (3) shall take precedence over all other pending 
        matters before the district court.
  (b) Failure to Comply With Deadline.--If an interlocutory or 
final judgment, decree, or order has not been issued by the 
district court by the deadline described under this section, 
the cause or claim shall be dismissed with prejudice and all 
rights relating to such cause or claim shall be terminated.

SEC. _03. ABILITY TO SEEK APPELLATE REVIEW.

  An interlocutory or final judgment, decree, or order of the 
district court in a proceeding that is subject to section _01 
may be reviewed by the U.S. Court of Appeals for the District 
of Columbia Circuit. The D.C. Circuit shall resolve any such 
appeal as expeditiously as possible and, in any event, not more 
than 180 days after such interlocutory or final judgment, 
decree, or order of the district court was issued.

SEC. _04. LIMITATION ON SCOPE OF REVIEW AND RELIEF.

  (a) Administrative Findings and Conclusions.--In any judicial 
review of any Federal action under this title, any 
administrative findings and conclusions relating to the 
challenged Federal action shall be presumed to be correct 
unless shown otherwise by clear and convincing evidence 
contained in the administrative record.
  (b) Limitation on Prospective Relief.--In any judicial review 
of any action, or failure to act, under this title, the Court 
shall not grant or approve any prospective relief unless the 
Court finds that such relief is narrowly drawn, extends no 
further than necessary to correct the violation of a Federal 
law requirement, and is the least intrusive means necessary to 
correct the violation concerned.

SEC. _05. LEGAL FEES.

  Any person filing a petition seeking judicial review of any 
action, or failure to act, under this title who is not a 
prevailing party shall pay to the prevailing parties (including 
intervening parties), other than the United States, fees and 
other expenses incurred by that party in connection with the 
judicial review, unless the Court finds that the position of 
the person was substantially justified or that special 
circumstances make an award unjust.

SEC. _06. EXCLUSION.

  This title shall not apply with respect to disputes between 
the parties to a lease issued pursuant to an authorizing 
leasing statute regarding the obligations of such lease or the 
alleged breach thereof.

SEC. _07. DEFINITIONS.

  In this title, the following definitions apply:
          (1) Covered energy decision.--The term ``covered 
        energy decision'' means any action or decision by a 
        Federal official regarding the issuance of a covered 
        energy lease.
          (2) Covered energy lease.--The term ``covered energy 
        lease'' means any lease under this Act or under an oil 
        and gas leasing program under this Act.
                              ----------                              


10. An Amendment To Be Offered by Representative Grayson of Florida or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __. STATE RIGHTS AND AUTHORITY NOT AFFECTED.

  Noting in this Act and the amendments made by this Act 
affects the right and power of each State to prohibit 
management, leasing, developing, and use of lands beneath 
navigable waters, and the natural resources within such lands, 
within its boundaries.
                              ----------                              


11. An Amendment To Be Offered by Representative Capps of California or 
                 Her Designee, Debatable for 10 Minutes

  Add at the end the following:

                   TITLE __--MISCELLANEOUS PROVISIONS

SEC. __. PROVISIONS NOT EFFECTIVE.

  Notwithstanding any other provision of this Act, section 203 
and title III shall have no force or effect.

                                  
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