SENATE BILL REPORT

SJM 8008

BYSenators Sutherland, Metcalf, Owen and DeJarnatt; by request of Joint Select Committee on Marine and Ocean Resources

Petitioning congress to amend the outer continental shelf act.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 7, 1989

Majority Report:     Do pass.

     Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:John Korvell (786-7473)

                February 7, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 7, 1989

BACKGROUND:

The Outer Continental Shelf (OCS) of the United States stretches seaward from the end of state-controlled water (three nautical miles from shore) to a point 200 nautical miles from shore.  In this area, the federal government controls all resources.  For the oil, gas, and mineral resources of the ocean, the Minerals Management Service (MMS) of the Department of Interior is the administering agency.  Its authority comes from the Outer Continental Shelf Lands Act (OCSLA).

The OCSLA directs MMS to offer oil and gas lease sales.  The sales are described in a series of five year plans, the most recent of which contains a lease sale off the coast of Washington and Oregon in 1992.

In the process of preparing for the lease sale, the MMS and the state confer periodically.  Subjects of the discussion include adequacy of data, jurisdictional matters, options for deferral or withdrawal of the sale or portions of the sale, and lease stipulations.

Opportunity for a state to intervene formally in a lease sale occurs at a few discrete points.  Many governors and state agencies feel the state's role is not given sufficient weight in the prelease process.  In 1987, Governor Gardner joined with the governors of Oregon, California, Florida, and Massachusetts in filing suit against the MMS over lack of state participation in the lease decision process.  A decision is expected in early 1989.

SUMMARY:

The state asks Congress to amend the Outer Continental Shelf Lands Act to include a process requiring the Secretary of Interior to more fully consult and confer with the Governor prior to and after oil and gas lease sales and to give more weight in the decision-making process to the Governor's recommendations.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Jim King, WSSC (pro); Rod Mack, DOE (pro)