[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10183 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10183
To amend the Outer Continental Shelf Lands Act and the Magnuson-Stevens
Fishery Conservation and Management Act to provide for the delegation
of authority to Louisiana, Mississippi, and Alabama to manage certain
expanded submerged lands, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2024
Mr. Graves of Louisiana (for himself and Mr. Carter of Louisiana)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To amend the Outer Continental Shelf Lands Act and the Magnuson-Stevens
Fishery Conservation and Management Act to provide for the delegation
of authority to Louisiana, Mississippi, and Alabama to manage certain
expanded submerged lands, and for other purposes.
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 Parity Act of 2024''.
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 delegating management of
the submerged lands from 3 geographical miles to 3 marine
leagues if the States meet certain conditions not later than 5
years after the date of enactment of this Act;
(2) in delegating the authority to administer any leases,
easements, rights-of-use, and rights-of-way, the States shall
ensure that the rights of lessees, operators, and holders of
leases, easements, rights-of-use, and rights-of-way on the
submerged land are protected; and
(3) to improve the management of fisheries by allowing the
States of Louisiana, Mississippi, and Alabama to oversee
fisheries management in the expanded seaward boundaries.
SEC. 3. DELEGATION OF THE MANAGEMENT OF OIL, GAS, AND OTHER ENERGY
ACTIVITIES ON THE EXPANDED SUBMERGED LAND OF LOUISIANA,
MISSISSIPPI, AND ALABAMA.
(a) Delegation.--The Outer Continental Shelf Lands Act (42 U.S.C.
1301 et seq.) is amended by adding at the end the following:
``SEC. 34. DELEGATION OF THE MANAGEMENT OF OIL, GAS, AND OTHER ENERGY
ACTIVITIES ON THE EXPANDED SUBMERGED LAND OF LOUISIANA,
MISSISSIPPI, AND ALABAMA.
``(a) Definitions.--In this section:
``(1) Coast line.--The term `coast line' has the meaning
given such term in section 2 of the Submerged Lands Act (43
U.S.C. 1301).
``(2) 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 the enactment of this section.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(4) State.--The term `State' means Louisiana,
Mississippi, or Alabama.
``(b) Delegation.--Upon written request of a State before the date
that is 5 years after the date of enactment of the Offshore Parity Act
of 2024, the Secretary shall, except as provided in subsection (c),
delegate to the State the relevant authorities of the Secretary under
this Act, except the authority under sections 14 and 20, to grant and
manage leases of the expanded submerged land of the State if the
Secretary finds that--
``(1) it is likely the State will provide adequate
resources to carry out such authorities;
``(2) the State has demonstrated that it will effectively
and faithfully administer the applicable rules and regulations
of the Secretary under this Act, including the requirements of
subsection (c) of this section; and
``(3) such delegation will not create an unreasonable
burden on any lessee.
``(c) Requirements.--
``(1) No lease or tract divided.--The Secretary may not
delegate authority under this section with respect to any lease
of an area that is not wholly located within the expanded
submerged land of the State.
``(2) Applicability to existing leases.--The delegation of
authority under this section shall apply to any lease of the
expanded submerged land of the State granted by the Secretary
before the date of enactment of the Offshore Parity Act of
2024.
``(3) No 5 year plan required.--A State to which authority
is delegated under this section shall not be required to
prepare, revise, or maintain an oil and gas leasing program
under section 18.
``(4) Revenue.--
``(A) Rentals, royalties, and other sums.--A State
to which authority is delegated under this section may
collect rentals, royalties, and other sums, as
determined by the State, from any lease granted after
the date of enactment of the Offshore Parity Act of
2024 by the State under such authority.
``(B) Minimum bid and royalty amounts.--The minimum
bid and royalty amounts under section 8 shall not apply
to any lease of the expanded submerged land of the
State granted by the State after the date of enactment
of the Offshore Parity Act of 2024.
``(C) Disposition of revenue.--
``(i) Existing leases.--The delegation of
authority under this section shall not affect
the disposition of revenue under any other
provision of Federal law from any lease of the
expanded submerged land of the State granted
before the date of enactment of the Offshore
Parity Act of 2024.
``(ii) New leases.--Section 9 of this Act
and section 105 of the Gulf of Mexico Energy
Security Act of 2006 shall not apply with
respect to a lease granted after the date of
enactment of the Offshore Parity Act of 2024 by
a State under authority delegated under this
section.
``(5) Citizen suits, court jurisdiction, and judicial
review.--Section 23 shall not apply with respect to a lease
granted after the date of enactment of the Offshore Parity Act
of 2024 by a State under authority delegated under this
section.
``(6) Liability.--
``(A) In general.--A State to which authority is
delegated by the Secretary under this section shall
indemnify the United States for any liability to any
holder of an oil, gas, or other energy lease of the
expanded submerged land of the State granted before
such delegation of authority from the taking of any
property interest or breach of contract as a result
of--
``(i) the delegation of such authority; or
``(ii) the management of any such lease.
``(B) Deduction from oil and gas leasing
revenues.--The Secretary may deduct from the amounts
otherwise payable to a State under section 8(g)(2) the
amount of any final nonappealable judgment for a taking
or breach of contract by such State described in
subparagraph (A).
``(7) Transfer of bonds.--
``(A) In general.--Not later than 90 days after
delegating authority under this section, the Secretary
shall transfer any surety bonds for oil, gas, or other
energy leases of the expanded submerged land of a State
granted before the date of enactment of the Offshore
Parity Act of 2024 to the applicable State. The
applicable State shall ensure that any decommissioning
of a facility with respect to such leases is carried
out in accordance with applicable Federal law,
including regulations.
``(B) Failure to transfer bonds.--If the Secretary
does not transfer a surety bond for a lease under
subparagraph (A) by the deadline described in such
subparagraph, the Secretary shall ensure that any
decommissioning of a facility with respect to such
lease is carried out in accordance with applicable
Federal law, including regulations.''.
(b) Seaward Boundary of Louisiana, Mississippi, and Alabama.--
Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(g)) is amended by adding at the end the following:
``(8) Definition of Seaward Boundary of Louisiana, Mississippi, and
Alabama.--In this subsection, the term `seaward boundary' means, with
respect to each of the States of Louisiana, Mississippi, and Alabama, 3
marine leagues seaward of the coast line (as that term is defined in
section 2 of the Submerged Lands Act (43 U.S.C. 1301)) of each such
State as each such coast line exists as of the day before the date of
the enactment of this paragraph.''.
SEC. 4. STATE JURISDICTION UNDER MAGNUSON-STEVENS FISHERY CONSERVATION
AND MANAGEMENT ACT.
(a) In General.--Section 306(a)(2) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1856(a)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C)(ii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) with respect to each of the States of
Alabama, Louisiana, and Mississippi, to 3 marine
leagues seaward of the coast line (as that term is
defined in section 2 of the Submerged Lands Act (43
U.S.C. 1301)) of each such State as each such coast
line exists as of the day before the date of the
enactment of this subparagraph.''.
(b) Rules of Construction.--
(1) Highly migratory species.--The amendments made by this
section may not be construed to limit or otherwise affect the
authority of the Federal Government with respect to highly
migratory species, species listed as a threatened species or an
endangered species pursuant to the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), or fishery resources subject to
international agreements as provided under Federal law,
including the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), and relevant
international treaties.
(2) Federal jurisdiction.--The amendments made by this
section may not be construed to limit or otherwise affect the
authority of the Federal Government under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) with respect to--
(A) the exclusive economic zone beyond the extended
State waters of a covered State; or
(B) activities within the extended State waters of
a covered State that relate to national security,
international obligations, or other matters reserved
for Federal authority.
(c) Definitions.--In this section:
(1) Coast line.--The term ``coast line'' has the meaning
given the term in section 2 of the Submerged Lands Act (43
U.S.C. 1301).
(2) Covered state.--The term ``covered State'' means each
of the States of Alabama, Louisiana, and Mississippi.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given the term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
(4) Extended state waters.--The term ``extended State
waters'' means 3 marine leagues seaward of the coast line of a
covered State as each such coast line exists as of the day
before the date of the enactment of this section.
(5) Fishery resource.--The term ``fishery resource'' has
the meaning given the term in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802).
(6) Highly migratory species.--The term ``highly migratory
species'' has the meaning given the term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
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