Oil and Gas Operations on the Outer Continental Shelf (OCS) 
Legislative Authorities 
In 1953, in response to the increasing agitation 
among coastal States, the Congress enacted two 
pieces of legislation establishing jurisdiction over 
offshore resources. These were: 
d a, 
§ designated by this legis- 
e agency for the majority 
and development of offshore resources beyond 
States’ jurisdictions. The Bureau of Land Man- 
agement and the U.S. Geological Survey have 
been assigned responsibility for resource develop- 
ment, safety, resource evaluation, and environ- 
mental protection. Other Federal agencies have 
responsibilities under the Act. The U.S. Coast 
Guard is responsible for enforcing regulations 
on warning devices, safety equipment, and safety 
of life and property. U.S. Army Corps of Engi- 
neers issues one of the permits required for con- 
struction (including pipelines) on the OCS and 
in other navigable waters. The Corps’ jurisdiction 
was extended to artificial islands and fixed struc- 
tures on the OCS. 
e The Submerged Lands Act of 1953. This Act 
granted coastal States responsibility over sub- 
merged lands seaward to 3 miles. A greater area 
was granted Florida and Texas. It reaffirmed 
Federal jurisdiction beyond the State seaward 
boundaries. 
Additional Federal responsibilities and authorities 
related to OCS oil and gas activities are vested in a 
number of agencies: 
e Environmental Protection Agency (EPA). Is re- 
sponsible for pollution control and waste disposal. 
© Federal Power Commission (now FERC). Grants 
certificates for public convenience and necessity 
and determines amounts of OCS gas purchased 
and transported; 
e Interstate Commerce Commision. Grants approval 
of tariff rates for common carrier pipeline oil 
transport; 
° Department _of Transpomation, Materials Trans- 
portation Bureau. Establishes standards for pipe- 
line construction, operation, and maintenance; and 
@ Pena Sh eee Protects ma- 
rine fisherié urces through consultation with 
the Corps in its issuance of permits in navigable 
water. 
Evolution of the Offshore Leasing Program 
In the early years of the program, OCS leasing 
aroused concern only in some local areas of the Gulf 
| 
of Mexico and the program was subject to little 
national scrutiny. This changed with the major blow- 
out in the Santa Barbara Channel in 1969. As a 
result of this oil spill, the OCS leasing program 
moved into the national limelight and as a result of 
the 1973 energy situation has remained there ever 
since. Lawsuits against the Federal Government 
became more frequent, as the Arab oil embargo 
brought the OCS to previously undeveloped areas. 
In December 1974, suit was brought against the 
\| Interior Department in an attempt to forestall a pro- 
|| posed lease sale off Alabama, Florida, and Missis- 
| sippi. The plaintiffs maintained among other things 
that there was insufficient environmental information. 
The court, however, ruled that_an adequate assess- 
a icra 
Even_so, as a result of this case the Department of 
the Interior made a_commitment (0 eB oo 
mental studies in the area, and out of this has grown 
program. 
In January 1974, the President announced that 
10 million acres were to be leased in 1975—-equiva- 
lent to the amount leased since 1953. The decision 
to accelerate leasing in combination with Interior’s 
previous history of little or no substantive consulta- 
tion and coordination with affected coastal States 
brought increased pressure on the agency.’ The 
Department of the Interior took steps toward involv- 
ing components outside the Federal Government in 
the following ways: 
e Requests for comments on the 17 potential OCS 
leasing areas. 
e Establishment of the OCS Research Manage- 
ment Advisory Board (now the OCS Environ- 
mental Studies Advisory Committee).7* This Com- 
mittee is composed of both Federal and State 
representatives. 
e Issuance of the draft and final programmatic EIS 
for the accelerated program. 
© Participation of States in the tract selection proc- 
ess, including attendance at BLM-GS briefings 
and deliberations. This participation was initiated 
in 1975. 
e Participation by States in developing lease stipu- 
lations involving special environmental protection 
requirements and other mitigating measures. 
77 U.S. Congress, Committee on Commerce. Outer Continental 
Shelf Oil and Gas Leasing Off Southern California: Analysis 
of Issues. Committee Print. S. Res. 222 National Ocean Policy 
Study. 93rd Congress. 2d Sess. 1974, 100 pp. 
73 As of December 1977, it was reorganized to be the Na- 
tional OCS Scientific Advisory Council, separate from the OCS 
Advisory Board (policy). 
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