{ "id": "RL33404", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33404", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 580306, "date": "2018-04-13", "retrieved": "2018-04-24T13:12:29.882722", "title": "Offshore Oil and Gas Development: Legal Framework", "summary": "The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards.\nGovernance of offshore minerals and regulation of development activities are bifurcated between state and federal law. Generally, states have primary authority in the area extending three geographical miles from their coasts. The federal government and its comprehensive regulatory regime govern minerals located under federal waters, which extend from the states\u2019 offshore boundaries to at least 200 nautical miles from the shore. The basis for most federal regulation is the Outer Continental Shelf Lands Act (OCSLA), which provides a system for offshore oil and gas exploration, leasing, and ultimate development. Regulations run the gamut from health, safety, resource conservation, and environmental standards to requirements for production-based royalties and, in some cases, royalty relief and other development incentives.\nThe five-year program for offshore leasing for 2017-2022 adopted by the Bureau of Ocean Energy Management focuses only on new exploration and production in the Gulf of Mexico and the Cook Inlet off the coast of Alaska. However, the Trump Administration has published a 2019-2024 Draft Proposed Plan that would supersede the 2017-2022 Program. Congress is also free to alter the scope of offshore oil and gas exploration and production contemplated by the 2017-2022 Program via new legislation. \nIn addition to legislative and regulatory efforts, there has also been significant litigation related to offshore oil and gas development. Over a number of years, courts have clarified the extent of the Secretary of the Interior\u2019s discretion over how leasing and development are conducted.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33404", "sha1": "0a6e311d452d16d7c9ca2fc742f9123ce6149b82", "filename": "files/20180413_RL33404_0a6e311d452d16d7c9ca2fc742f9123ce6149b82.html", "images": { "/products/Getimages/?directory=RL/html/RL33404_files&id=/0.png": "files/20180413_RL33404_images_92237be98e4c032ae7562f5cc99ee251b6c7e018.png", "/products/Getimages/?directory=RL/html/RL33404_files&id=/1.png": "files/20180413_RL33404_images_cca426ac61639ebbe815d88afbb3e39369a906da.png", "/products/Getimages/?directory=RL/html/RL33404_files&id=/2.png": "files/20180413_RL33404_images_8b538df0b6d6a88f975e833c79f4397bd3691eec.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33404", "sha1": "f326597e4878dc14d87fec48fb151fee0093e246", "filename": "files/20180413_RL33404_f326597e4878dc14d87fec48fb151fee0093e246.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4812, "name": "Fossil Energy" }, { "source": "IBCList", "id": 4908, "name": "Oceans & Fisheries" } ] }, { "source": "EveryCRSReport.com", "id": 459922, "date": "2017-03-10", "retrieved": "2017-03-29T20:06:30.448959", "title": "Offshore Oil and Gas Development: Legal Framework", "summary": "The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards.\nGovernance of offshore minerals and regulation of development activities are bifurcated between state and federal law. Generally, states have primary authority in the three-geographical-mile area extending from their coasts. The federal government and its comprehensive regulatory regime govern those minerals located under federal waters, which extend from the states\u2019 offshore boundaries out to at least 200 nautical miles from the shore. The basis for most federal regulation is the Outer Continental Shelf Lands Act (OCSLA), which provides a system for offshore oil and gas exploration, leasing, and ultimate development. Regulations run the gamut from health, safety, resource conservation, and environmental standards to requirements for production based royalties and, in some cases, royalty relief and other development incentives.\nThe five-year program for offshore leasing for 2017-2022 adopted by the Bureau of Ocean Energy Management focuses only on new exploration and production in the Gulf of Mexico and the Cook Inlet off the coast of Alaska. However, the 114th and 115th Congresses have shown interest in opening new offshore areas to leasing and amending other aspects of the offshore leasing program. Congress and the current Administration may seek to alter the scope of offshore oil and gas exploration and production contemplated by the 2017-2022 five-year program, either administratively or via new legislation. \nIn addition to legislative and regulatory efforts, there has also been significant litigation related to offshore oil and gas development. Cases handed down over a number of years have clarified the extent of the Secretary of the Interior\u2019s discretion in deciding how leasing and development are to be conducted.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33404", "sha1": "f14458daddbbb96c43d813509d78211eb264c6a3", "filename": "files/20170310_RL33404_f14458daddbbb96c43d813509d78211eb264c6a3.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33404", "sha1": "3dd47911970ea2386e18af42764305c1cc185cb2", "filename": "files/20170310_RL33404_3dd47911970ea2386e18af42764305c1cc185cb2.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4812, "name": "Fossil Energy" }, { "source": "IBCList", "id": 4908, "name": "Oceans & Fisheries" } ] }, { "source": "EveryCRSReport.com", "id": 448549, "date": "2015-12-30", "retrieved": "2016-04-06T17:37:44.232262", "title": "Offshore Oil and Gas Development: Legal Framework", "summary": "The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards.\nGovernance of offshore minerals and regulation of development activities are bifurcated between state and federal law. Generally, states have primary authority in the three-geographical-mile area extending from their coasts. The federal government and its comprehensive regulatory regime govern those minerals located under federal waters, which extend from the states\u2019 offshore boundaries out to at least 200 nautical miles from the shore. The basis for most federal regulation is the Outer Continental Shelf Lands Act (OCSLA), which provides a system for offshore oil and gas exploration, leasing, and ultimate development. Regulations run the gamut from health, safety, resource conservation, and environmental standards to requirements for production based royalties and, in some cases, royalty relief and other development incentives.\nIn 2008, both the President and the 110th Congress removed previously existing moratoria on offshore leasing on many areas of the outer continental shelf. As of the date of this report, Congress has not reinstated the appropriations-based moratoria that were not renewed by the 110th Congress. Other recent legislative and regulatory activity suggests an increased willingness to allow offshore drilling in the U.S. Outer Continental Shelf. In 2006, Congress passed a measure that would allow new offshore drilling in the Gulf of Mexico. Areas of the North Aleutian Basin off the coast of Alaska have also been made available for leasing by executive order. Most recently, the five-year plan for offshore leasing for 2012-2017 adopted by the Bureau of Ocean Energy Management (BOEM) scheduled 16 more lease sales in the Gulf of Mexico and off the coast of Alaska, but did not schedule new lease sales in other areas. With the introduction of S. 2011 and S. 1276, which would open new offshore areas to leasing and amend other aspects of the offshore leasing program, the 114th Congress has also shown an interest in this area.\nIn addition to legislative and regulatory efforts, there has also been significant litigation related to offshore oil and gas development. Cases handed down over a number of years have clarified the extent of the Secretary of the Interior\u2019s discretion in deciding how leasing and development are to be conducted.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33404", "sha1": "b29865ee896c7ba757a24308dfb741935deaea06", "filename": "files/20151230_RL33404_b29865ee896c7ba757a24308dfb741935deaea06.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33404", "sha1": "04f154d38850e3a2b4a6658b9abeaa7289095c48", "filename": "files/20151230_RL33404_04f154d38850e3a2b4a6658b9abeaa7289095c48.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 315, "name": "Ocean and Coastal Resources" }, { "source": "IBCList", "id": 4402, "name": "Energy Law and Policy" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc462444/", "id": "RL33404_2014Sep26", "date": "2014-09-26", "retrieved": "2014-12-05T09:57:41", "title": "Offshore Oil and Gas Development: Legal Framework", "summary": "This report explains the nature of U.S. authority over offshore areas pursuant to international and domestic law. 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It also describes the laws, at both the state and federal levels, governing the development of offshore oil and gas and the litigation that has flowed from development under these legal regimes. Also included is an outline of recent changes to the authorities regulating offshore development, as well as a discussion of recent executive action and legislative proposals concerning offshore oil and natural gas exploration and production.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20130321_RL33404_b5af3eba232d566b45599d8253858f0184d86821.pdf" }, { "format": "HTML", "filename": "files/20130321_RL33404_b5af3eba232d566b45599d8253858f0184d86821.html" } ], "topics": [ { "source": "LIV", "id": "Energy", "name": "Energy" }, { "source": "LIV", "id": "Ocean energy resources", "name": "Ocean energy resources" }, { "source": "LIV", "id": "Gas in submerged lands", "name": "Gas in submerged lands" }, { "source": "LIV", "id": "Marine resources", "name": "Marine resources" }, { "source": "LIV", "id": "Petroleum in submerged lands", "name": "Petroleum in submerged lands" }, { "source": "LIV", "id": "Offshore structures", "name": "Offshore structures" }, { "source": "LIV", "id": "Submarine oil well drilling", "name": "Submarine oil well drilling" }, { "source": "LIV", "id": "Energy law and legislation", "name": "Energy law and legislation" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc40204/", "id": "RL33404_2011May2", "date": "2011-05-02", "retrieved": "2011-08-27T10:13:38", "title": "Offshore Oil and Gas Development: Legal Framework", "summary": "The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards. 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International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards. 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Additionally, it provides an outline of the changes to the regulating authorities by the Energy Policy Act of 2005, subsequent legislation and executive action, and a discussion of recent executive action and legislative proposals that would allow for further offshore exploration and production.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090130_RL33404_e82dda6f776d0fd5bd540039197c038f9ace3385.pdf" }, { "format": "HTML", "filename": "files/20090130_RL33404_e82dda6f776d0fd5bd540039197c038f9ace3385.html" } ], "topics": [ { "source": "LIV", "id": "Energy", "name": "Energy" }, { "source": "LIV", "id": "Ocean energy resources", "name": "Ocean energy resources" }, { "source": "LIV", "id": "Gas in submerged lands", "name": "Gas in submerged lands" }, { "source": "LIV", "id": "Marine resources", "name": "Marine resources" }, { "source": "LIV", "id": "Petroleum in submerged lands", "name": "Petroleum in submerged lands" }, { "source": "LIV", "id": "Offshore structures", "name": "Offshore structures" }, { "source": "LIV", "id": "Submarine oil well drilling", "name": "Submarine oil well drilling" }, { "source": "LIV", "id": "Energy law and legislation", "name": "Energy law and legislation" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc819674/", "id": "RL33404_2008Nov14", "date": "2008-11-14", "retrieved": "2016-03-19T13:57:26", "title": "Offshore Oil and Gas Development: Legal Framework", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20081114_RL33404_f707695eee41ef1171dbf76cf4a49a2dd11fe780.pdf" }, { "format": "HTML", "filename": "files/20081114_RL33404_f707695eee41ef1171dbf76cf4a49a2dd11fe780.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc94030/", "id": "RL33404_2008Aug05", "date": "2008-08-05", "retrieved": "2012-07-24T12:39:36", "title": "Offshore Oil and Gas Development: Legal Framework", "summary": "This report explains the nature of U.S. authority over offshore areas pursuant to international and domestic law. It also describes the laws, at both the state and federal levels, governing the development of offshore oil and gas and the litigation that has flowed from development under these legal regimes. Also included is an outline of the changes to the authorities regulating offshore development wrought by the Energy Policy Act of 2005 and subsequent legislation and executive action as well as a discussion of recent executive action and legislative proposals to encourage further offshore exploration and production.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080805_RL33404_837072d05a1d96b0e8b0e1cf0c2daf1565d79de7.pdf" }, { "format": "HTML", "filename": "files/20080805_RL33404_837072d05a1d96b0e8b0e1cf0c2daf1565d79de7.html" } ], "topics": [ { "source": "LIV", "id": "Oil fields", "name": "Oil fields" }, { "source": "LIV", "id": "Oil well drilling", "name": "Oil well drilling" }, { "source": "LIV", "id": "Oil and gas leases", "name": "Oil and gas leases" }, { "source": "LIV", "id": "Federal agencies", "name": "Federal agencies" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc94031/", "id": "RL33404_2008Jan30", "date": "2008-01-30", "retrieved": "2012-07-24T12:39:36", "title": "Offshore Oil and Gas Development: Legal Framework", "summary": "This report explains the nature of U.S. authority over offshore areas pursuant to international and domestic law. It also describes the laws, at both the state and federal levels, governing the development of offshore oil and gas and the litigation that has flowed from development under the current legal regimes. Also included is an outline of the recent changes to the authorities regulating offshore development wrought by the Energy Policy Act of 2005 and subsequent legislation enacted by the 109th Congress prior to adjournment. 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