Outer Continental Shelf Moratoria on Oil and
Gas Development
Curry L. Hagerty
Specialist in Energy and Natural Resources Policy
March 23, 2010
Congressional Research Service
7-5700
www.crs.gov
R41132
CRS Report for Congress
P
repared for Members and Committees of Congress
Outer Continental Shelf Moratoria on Oil and Gas Development
Summary
Outer Continental Shelf (OCS) moratoria provisions, enacted as part of the Department of the
Interior appropriations over the last 26 years, prohibited federal spending on oil and gas
development in certain locations and for certain activities. Annual congressional moratoria
restrictions expired on September 30, 2008. While the expiration of this restriction does not make
leasing and drilling permissible in all offshore areas, it is a significant development in
conjunction with other changes in offshore leasing activity. Change in moratoria policy signals a
shift in policy that may affect other OCS policies as well.
The goal to increase domestic OCS energy production was the chief policy justification for not
restoring annual moratoria beyond FY2008. Other factors in not restoring moratoria restrictions
include policies to diversify domestic energy production including the launch of OCS renewable
energy programs, and the availability of new OCS technology that would allow OCS activity in
deeper waters beyond clear jurisdictional boundaries. These developments, taken together, reflect
transformative change in OCS policy alternatives. The impact of these developments during
periods of volatility in oil markets and during an exceptionally weak economy, focuses
congressional attention on federal priorities for OCS development.
In the past, Congress has addressed OCS oil and gas development by balancing numerous factors,
including (1) economic feasibility; (2) environmental risk; (3) technology; and (4) ocean
sovereignty. Disagreement tends to arise in each of these four issue areas because of conflicting
concerns over policy objectives between those in favor of offshore oil and gas development and
those opposed. Positions are sharply divided on national and coastal state goals associated with
OCS activities in former moratoria areas, and in prospective areas where drilling activities or
renewable energy projects are permissible in the Gulf of Mexico and the Arctic.
Around the world, offshore activities are changing and these changes are reflected in international
offshore policy disagreements that are not dissimilar to domestic policy disagreements. Economic
opportunity and technological advances are driving the global search for energy sources in deeper
ocean waters. These activities may clash with national or international environmental policies.
Within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) a
number of countries are active in establishing parameters for offshore activities, including
preparing claims for extended continental shelf areas. Although the United States has not ratified
UNCLOS, U.S. efforts are underway to address extended continental shelf areas in a manner not
inconsistent with the UNCLOS process.
Expiration of moratoria is part of a series of changes in domestic and international OCS energy
development policy. Moratoria policy impacted federal-state co-ordination on issues such as
economic and environmental concerns. As a result of changes in moratoria policies federal-state
coordination concerns and nation-to-nation coordination concerns related to addressing such
issues as economic and environmental concerns may emerge as issues for Congress.
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Outer Continental Shelf Moratoria on Oil and Gas Development
Contents
Introduction ................................................................................................................................ 1
Economic Feasibility............................................................................................................. 2
Environmental Risk .............................................................................................................. 3
Improvements in Offshore Technology.................................................................................. 4
Sources of U.S. Moratoria Policy ................................................................................................ 5
Legislative Authority............................................................................................................. 5
Annual Congressional OCS Moratoria ............................................................................ 6
Gulf of Mexico Energy Security Act of 2006 (GOMESA) ............................................... 8
Executive Authority .............................................................................................................. 8
Agency Authority................................................................................................................ 10
Minerals Management Service (MMS).......................................................................... 10
Marine Sanctuaries and Marine Monuments .................................................................. 10
Background on Ocean Governance............................................................................................ 11
Outer Continental Shelf Lands Act (OSCLA) ...................................................................... 12
United Nations Convention on Law of the Sea (UNCLOS).................................................. 12
U.S. Moratoria in International Areas ........................................................................................ 13
Issues for Congress ................................................................................................................... 14
Federal Revenue ................................................................................................................. 14
OCSLA Amendments of 1986 Created the 8(g) Zone .................................................... 14
The Coastal Impact Assistance Program (CIAP)............................................................ 15
The Gulf of Mexico Energy Security Act of 2006 (GOMESA) ...................................... 15
International Ocean Policy for Energy Development ........................................................... 15
UNCLOS and Extended Continental Shelf Claims ........................................................ 15
Trans-boundary OCS Resources.................................................................................... 16
Conclusion................................................................................................................................ 18
Figures
Figure 1. OCS Oil and Gas Development Locations .................................................................... 9
Figure 2. Marine Boundary Areas Between the U.S. and Mexico ............................................... 17
Tables
Table 1. Chronology of Annual Congressional Moratoria............................................................. 7
Contacts
Author Contact Information ...................................................................................................... 19
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Outer Continental Shelf Moratoria on Oil and Gas Development
Introduction
From 1982 until the end of fiscal year 2008, Congress enacted yearly measures that restricted
spending appropriated funds on certain outer continental shelf (OCS) oil and gas leasing and
drilling activities. Expiration of the annual congressional moratoria1 on offshore oil and gas
leasing and drilling on September 30, 2008, coupled with other developments in offshore leasing
activity, impacts federal policies on the OCS in a number of ways. In the absence of the annual
congressional moratoria, policy makers anticipate an increase in efforts to coordinate federal and
state actions to address economic and environmental issues related to OCS energy development.2
The OCS is a federal offshore area from the edge of state waters, usually starting at 3 nautical
miles from shore, seaward to a distance of about 200 nautical miles, and may in special cases in
the future extend out to 350 nautical miles.3 Energy leasing on the OCS takes place in four
regions: the Gulf of Mexico Region, the Atlantic Region, the Pacific Region, and the Alaska
Region.4
The expiration of moratoria restrictions opens OCS areas where federal oil and gas leasing had
not been permitted for many years, allowing these areas to be considered for potential drilling
activity. Other developments in offshore leasing activity include a Presidential Order5 to lift the
executive restrictions on certain OCS areas to allow offshore drilling, the emergence of new
offshore operations (OCS renewable energy leasing), and use of new technologies related to OCS
research and development.
This report identifies sources of OCS moratoria authority and the ramification of moratoria policy
on the broader debate over OCS drilling.6 The drilling debate includes separate policy debates on
the size, timing and location of OCS oil and gas development activities. Moratoria restrictions are
discussed in the context of (1) economic feasibility of OCS activity; (2) environmental risk of
OCS activity; (3) new OCS technology; and (4) ocean sovereignty.7 The next section of this
1 The Continuing Appropriations Resolution 2009 (P.L. 110-329) did not extend the annual congressional moratoria on
oil and gas leasing activities. On March 11, 2009, the Omnibus Appropriations Act, 2009 (P.L. 111-8) was enacted
without moratoria provisions, lifting in FY2009 the oil and gas development moratoria in the OCS along the Atlantic
and Pacific Coasts, parts of Alaska, and the Gulf of Mexico that had been in place since 1982.
2 This report does not focus on state-to-state or federal-state coordination on OCS policies. See CRS Report RL33404,
Offshore Oil and Gas Development: Legal Framework, by Adam Vann.
3 A geographical or nautical mile is equal to 6,080.20 feet, as opposed to the typical statute mile, which is equal to
5,280 feet.
4 Certain other specific moratoria areas still exist by statute, and by regulation, and by international treaty. These
moratoria areas are not impacted by the expiration of the annual congressional moratoria.
5 Memorandum on Modification of the Withdrawal of Certain Areas of the United States Outer Continental Shelf from
Leasing Disposition, 44 Weekly Comp. Pres. Doc. 986 (July 14, 2008). It is in the combined effect of Presidential
Directives from 1990 to 2008 that moratoria policy impacts are most apparent.
6 The OCS drilling debate is a combination of several discrete debates about oil and gas leasing activity on the OCS. In
the context of the OCS drilling debate Congress addresses multiple OCS activities (research, exploration, drilling,
operations, and decommissioning). Also in this context, Congress addresses policy concerns related to the suitability of
the size, timing, and location of oil and gas leasing and the adequacy of federal revenue management.
7 This report focuses on moratoria, which is a policy option used to restrict OCS activity. Numerous policy options are
incentives to oil and gas development. One such incentive is royalty relief. For more information on policy alternatives
for incentives for OCS oil and gas development, see CRS Report RS22928, Oil Development on Federal Lands and the
Outer Continental Shelf, by Marc Humphries.
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report elaborates on these four components of moratoria policy as they are joined in the OCS
drilling debate.
Economic Feasibility
Federal revenue from OCS development is a central economic theme in the drilling debate.
Disagreement over the economic feasibility of OCS leasing activity features strongly in this
debate, and in moratoria policy as well. At issue is whether the domestic OCS has sufficient
potential for oil and gas production to warrant OCS development, and if so, how do additional
economic factors impact the size, timing and location of OCS development. Economic feasibility
is dependent on factors that include oil prices, future projections about oil markets, the presence
of commercial access to development areas, economic values assigned to competing ocean uses
such as renewable energy development, fishing, tourism, conservation, and other factors.8
It is difficult to determine the economic feasibility of oil and gas development options in the
absence of clear statutory authority governing prospective ocean areas. It is also difficult to
determine the economic feasibility of development in the absence of predictable regulatory policy
directives that implement federal policies, particularly in new areas with potentially competing
development options. Areas such as the Gulf of Mexico and the Arctic, which have substantial
proven oil and gas deposits, are particularly unpredictable with respect to the domestic and
international authorities that govern oil and gas development. Economic feasibility of oil and gas
development is difficult to assess largely due to the uncertainty of boundaries in certain areas,
uncertainty associated with U.S. legislative and regulatory authority, and in some cases with
sovereign authority.
Federal data to show the potential economic feasibility of developing OCS energy resources is
becoming more sophisticated. However, the data has limitations, and concerns arise about the
interpretation of economic data. The time frame for recent OCS economic analysis spans a period
during the end of the George W. Bush Administration and beginning of the Obama
Administration, a time of transition in some federal policies. As a result, the underlying economic
assumptions made during this time may reflect an ambiguity about federal priorities and future
policy direction on OCS oil and gas development. In the absence of clear policy directives to
support policy options for OCS oil and gas activity, disagreement over economic feasibility for
oil and gas development remains largely unresolved. For example, economic projections for OCS
oil and gas resource assessments vary based on whether or not projections consider economic
data about offshore renewable energy development options. When interpretations of economic
data vary in terms of what data about resource assessments is considered, conclusions about
economic feasibility can conflict.
Global economic factors play a major role in deliberations about OCS drilling activity. At the end
of FY2008, annual moratoria restrictions expired amid global economic turmoil and calls for
greater stability in the national economy.9 Congress consistently finds that domestic oil and gas
8 Global demand for oil and gas and global prices impact the economic feasibility of OCS development. Offshore
activity depends on sustained capital investment by oil companies and independent producers. Periods of tight credit
and uncertain projections for oil and gas demand can affect capital investment.
9 The moratoria expired during a period of economic crisis in late 2008, when a liquidity shortfall in the U.S. banking
system resulted in congressional action to halt what was considered at the time to be a crisis comparable to the Great
Depression.
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development is vital to the nation, despite disagreements over the economic feasibility of specific
oil and gas development projects.10 Development advocates raise competitiveness arguments,
specifically claiming that other coastal countries are allowing greater access to offshore resources
and the United States should not fall behind in the international race to develop offshore resources
due to concerns about the marine environment. Those in favor of OCS drilling observe that on a
global scale, the use of drilling restrictions such as moratoria policy is changing, and that
continuing an annual congressional moratoria, for example, would be out of step with policies
that are being considered by other countries engaged in OCS development.11 Competitiveness is
an economic factor that influences congressional consideration of OCS development policy as it
arises in legislative proposals and during consideration of international treaties and conventions
addressing OCS governance.
Environmental Risk
Given data that suggests prospective oil and gas reserves exist, another concern raised in the
drilling debate generally, and raised about former moratoria areas specifically, is the potential risk
of environmental harm associated with OCS activities. This is a concern that reflects general
uncertainty over federal ocean priorities and a potential clash between environmental policy
directives and directives for ocean energy development.
Claims that federal regulators generally lack sufficiently comprehensive approaches to assess
environmental risks in the marine environment tend to complicate discussions of environmental
risk.12 It is widely acknowledged that federal ocean management authorities are fragmented and
that both overlapping areas of federal agency authority and gaps in federal agency authority exist
in federal ocean administration. How environmental risks are assessed and mitigated is at issue
particularly where OCS programs have recently expanded to include new types of OCS
development (such as renewable energy programs) and new areas for leasing consideration (due
to the expiration of past moratoria restrictions).
Opinions on the environmental risks associated with OCS development vary widely. Those who
oppose drilling cite numerous examples of environmental risks inherent in OCS activity. The list
of potential threats to the environment include air and water degradation, oil spills, sea bed
disturbances, and numerous harms to marine life. Those who support drilling counter that while
certain environmental risks are unavoidable, improvements in offshore oil and gas operations and
compliance with laws and regulations sufficiently mitigate environmental risks associated with
OCS operations. Federal efforts to prevent oil spills and improve oil spill response include
passage of the Oil Pollution Act of 1990 (P.L. 101-380, OPA90), which established penalties for
oil spills and established U.S. Coast Guard prepositioned oil-spill response equipment sites,
10 The Outer Continental Shelf Lands Act (43 U.S.C. § 1337) and accompanying Congressional Declaration of Policy
states, “The OCS is a vital national resource reserve held by the federal government for the public, which should be
made available for expeditious and orderly development.” The Energy Policy Act of 2005 (P.L. 109-58) was enacted in
part to encourage domestic energy investment in new offshore leasing and development.
11 The ways other countries with OCS development goals address environmental risk vary widely and are beyond the
scope of this report. The Department of State is a source for learning about actions by other countries related to
addressing environmental risk. See http://www.state.gov/g/oes/env/.
12 A recent expression of this point of view was published in the Interim Report of the Interagency Ocean Policy Task
Force, coordinated by the White House Council on Environmental Quality, available at http://www.whitehouse.gov/
administration/eop/ceq/initiatives/oceans/interimreport.
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vessel and facility response plans and contingency planning. Under OPA 90, by 2015 oil-carrying
vessels operating in U.S. waters are anticipated to have double hulls.13
Resolving concerns about environmental risk is central to moratoria policy. Some contend that
moratoria is one of the only effective ways to address concerns about environmental risk and that
non-moratoria measures are not sufficient to mitigate environmental risk. Non-moratoria
measures would include oil spill preparedness requirements, coastal compliance measures, use of
new technologies, and opportunities for public scrutiny of federal offshore oil and gas activity to
address environmental risk.14 Policy makers seeking to reach a compromise to resolve concerns
about environmental risk tend to focus on a range of moratoria proposals, including proposals to
substitute a combination of other measures as a replacement for moratoria restrictions.
In efforts to reach a compromise on how to manage environmental risks, policy makers tend to
reach an impasse as advocates remain largely divided on what environmental precautions would
constitute adequate protection for the marine and coastal environments. Advocates opposed to
OCS oil and gas development often associate oil and gas consumption with concerns about
harmful greenhouse gas emissions and other global climate change concerns. From this
perspective, only permanently restricting the offshore development of conventional energy
sources would protect against these risks to the domestic and global environment. This perception
complicates efforts to reach a compromise involving a combination of possible restrictions
designed to tailor OCS development activities. Advocates in support of conventional OCS
development view environmental risk on a different scale and largely reject global climate change
as a basis to define environmental risk. These advocates claim that compliance with current
environmental laws and regulations can be an adequate substitute for moratoria restrictions, and
that progress in technology is an emerging way to manage harmful greenhouse gas emissions and
other global climate change concerns.
Improvements in offshore technology is broadly viewed by the Obama administration as a
potential measure to bridge the impasse over concerns about environmental risk in shaping OCS
moratoria policy.15
Improvements in Offshore Technology
Technological advancements that impact OCS operations from pre-leasing activities to platform
removal are emerging to improve operational performance, environmental protection and other
aspects of OCS activity. Advancements in geophysical resource assessment, drilling technology,
platform and pipeline design, communications, operational monitoring and training are helping to
minimize environmental impacts and improve economic benefits.
Technology is recognized widely as an important feature of the drilling debate generally, with
relevance to moratoria areas specifically. Congress incorporates information about new
13 Numerous federal regulations exist to implement pollution control laws. See CRS Report RL34384, Federal
Pollution Control Laws: How Are They Enforced?, by Robert Esworthy.
14 Statutes provide for public scrutiny throughout the regulatory process and through litigation. CRS Report RS20621,
Overview of National Environmental Policy Act (NEPA) Requirements, by Kristina Alexander CRS Report RL33603,
Ocean Commissions: Ocean Policy Review and Outlook, by Harold F. Upton and Eugene H. Buck.
15 Obama Administration officials have broadly supported the notion that modern technology allows OCS energy
development while protecting the environment.
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technologies and new applications of technology in the development of OCS policy.
Considerations of the economic feasibility of OCS leasing activity and of the environmental risks
related to OCS development are viewed in association with technology applications intended to
safeguard the environment and increase economic resource exploitation.
Technical progress is globally recognized as a factor in the evolution of offshore operations and it
is also generally accepted that changes in technology impact OCS policy by creating new options
for OCS operations farther and farther from shore, even beyond a country’s exclusive economic
zone (EEZ).16 Expired moratoria policies coupled with applications of new technology have
turned attention to international governance concerns in the OCS drilling debate. Potential
international concerns related to possible OCS operations near international waters reflect
divergent points of view. On the one hand, there is a concern that U.S. involvement and
participation in international organizations should increase and should include ratifying United
Nations Convention on Law of the Sea (UNCLOS).17 On the other hand, those opposing
ratification contend that the threat of diminished sovereignty in ocean management emerges if the
U.S. participates more fully in international organizations. These concerns are evident in the
debate on UNCLOS accession which is before the U.S. Senate Committee on Foreign Relations.
(UNCLOS is discussed in more detail in “United Nations Convention on Law of the Sea
(UNCLOS),” below.)
Sources of U.S. Moratoria Policy
Legislative Authority
Congress has authority to set policy for OCS activity and to determine incentives and restrictions
for OCS development. Congress enacted OCS moratoria provisions annually between 1982 and
2008 in Department of the Interior appropriations. Moratoria provisions were modified from year
to year to address specific interests and cover specific areas under the moratoria. See Table 1.
Outside of the annual appropriations process, Congress also considers legislation18 and treaties19
that impact leasing, exploring for, developing, or producing oil and gas in OCS areas. For
example, Congress designates national marine sanctuaries and enacts other laws that set
moratoria restrictions in certain areas on the OCS. Congress considers treaties, including treaties
that may contain moratoria provisions, and has the authority to provide advice and consent for
ratification.
16 EEZ areas extend for 200 nautical miles beyond the baselines of the territorial sea, and encompass the territorial sea
and its contiguous zone. The United States has jurisdiction over resources within its EEZ, including fishing, mining,
and oil exploration, and has jurisdiction with regard to artificial islands and installations, marine scientific research, and
marine pollution.
17 EEZ rights are a matter of customary international law and are generally codified in Articles 55-60 of UNCLOS,
entered into force November 16, 1994.
18 H.R. 1696 and S. 783 would prevent leasing for the exploration, development, or production of oil, natural gas, or
any other mineral in areas of the Atlantic.
19 UNCLOS.
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Annual Congressional OCS Moratoria
Federal policy for OCS development is intended to span planning horizons of several years.20 The
Department of Interior appropriations legislation between 1982 and 2008 banned agency
spending on programs related to drilling, leasing and preleasing activity, and scientific studies one
year at a time. This was inconsistent with long-standing OCS policy which set planning horizons
at no less than five years.
One legacy of congressional moratoria policy is the impact on the timing of possible OCS
development. From a developer’s point of view the predictability of the pace, timing, and
sequence of projects in OCS development is key to strategic business decisions. From a
regulator’s standpoint, agency discretion for OCS development is tied to programs governed by
planning horizons set by statutory or regulatory timetables. Because features of the annual
congressional moratoria varied from year to year, and from region to region, as reflected in Table
1, moratoria policy resulted in uncertainty that had a disruptive effect on the pace of OCS activity
depending upon a stakeholder’s position in the OCS drilling debate. Among those in favor of
OCS drilling, the disruptive effect of moratoria was viewed as a pervasive negative impact on
domestic oil and gas development. Among those opposed to OCS drilling, the disruptive effect
was considered a positive outcome.21
Changes to the specific provisions of annual moratoria measures created tensions due to the
unpredictability of the bans on leasing activities, timeframes, and locations.22 It was not
uncommon for developers to engage in litigation against the federal government and to claim
damages related to reliance on leases and federal OCS policies that were disrupted by the annual
congressional moratoria.23 Although observers agreed that appropriations measures were out of
sync with the timetable used to coordinate federal OCS planning functions, proponents of annual
congressional moratoria provisions countered that restrictions were defensible in the absence of
more permanent alternatives for similar leasing prohibitions.
20 A five-year leasing plan governs federal offshore leasing. For more information on the legal framework of federal
leasing see CRS Report RL33404, Offshore Oil and Gas Development: Legal Framework, by Adam Vann.
21 Moratoria policy ramifications related to the pace of OCS development on sectors marginally associated with OCS
development are not readily apparent. Those opposed to drilling claim ramifications of moratoria are positive for air,
water, and habitat quality in coastal areas. Those in favor of drilling claim ramifications are negative for coastal
infrastructure, such as shipbuilding and repair facilities. The impact of moratoria policy on “jobs” is unclear and
beyond the scope of this report.
22 A sampling of acreage from 1983 to 2005 is as follows: 35 million acres were withdrawn in 1983 in Central and
Northern California and the mid-Atlantic, 54 million acres were withdrawn in 1984 in California planning areas, the
North Atlantic, and the Eastern Gulf of Mexico, 45 million acres were withdrawn in 1985 in California planning areas
and the North Atlantic, 8 million acres in the North Atlantic were withdrawn from 1986 to 1988, 33 million acres were
withdrawn in 1989 in Northern California, the North Atlantic, and the Eastern Gulf, and 84 million acres were
withdrawn in 1990 in California planning areas, the North and Mid-Atlantic, the Eastern Gulf, and all of the North
Aleutian Basin. (Energy Information Administration, Office of Oil and Gas, September 2005 Overview of U.S.
Legislation and Regulations Affecting Offshore Natural Gas and Oil Activity).
23 See DOI testimony before the Subcommittee on Energy and Mineral Resources, August 5, 1999 describing litigation
related to OCS moratoria policy, specifically about the relinquishment of certain leases in the North Aleutian Basin, in
areas of the Gulf of Mexico, and areas offshore of North Carolina.
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Table 1. Chronology of Annual Congressional Moratoria
Enacted in DOI Appropriations
Alaska
Pacific
Gulf of
Atlantic
Fiscal Year
Public Law
Region
Region
Mexico
Region
1982 97-100
X
1983
97-394
X
X
1984
98-146
X
X
X
1985
98-473
X
X
1986
99-190
X
1987
99-591
X
X
1988
100-202
X
1989
100-446
X
X
X
X
1990
101-121
X
X
X
X
1991
101-512
X
X
X
X
1992
102-154
X
X
X
X
1993
102-381
X
X
X
X
1994
103-138
X
X
X
X
1995
103-332
X
X
X
X
1996
104-134
X
X
X
X
1997
104-208
X
X
X
X
1998
105-83
X
X
X
X
1999
105-277
X
X
X
X
2000
106-113
X
X
X
X
2001
106-291
X
X
X
X
2002
107-63
X
X
X
X
2003
108-7
X
X
X
X
2004
108-108
X
X
X
X
2005
108-447
X
X
X
X
2006
109-54
X
X
X
X
2007
110-329
X
X
X
X
2008
110-161
X
X
X
X
Source: CRS Research. Table represents moratoria provisions established in DOI Appropriations by region.
Moratoria restrictions vary widely by fiscal year in terms of the amount of acreage, the specific location, and
specific activity.
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Gulf of Mexico Energy Security Act of 2006 (GOMESA)24
In addition to the annual appropriations process, Congress also enacts other legislation with
moratoria provisions that restrict OCS leasing and drilling. Gulf of Mexico Energy Security Act
of 2006 (GOMESA) restricts areas in portions of the Gulf of Mexico until 2022.25 A moratorium
on oil and gas leasing under GOMESA went into effect on December 20, 2006, and is to end on
June 30, 2022. GOMESA areas are depicted in Figure 1.
Upon enactment of GOMESA, leases within areas designated as moratoria areas became eligible
for exchange for a bonus or royalty credit26 that could be used against other leasing obligations in
the Gulf of Mexico.27 The estimated aggregate value of relinquishing leases in GOMESA
moratoria areas is estimated at slightly more than $60 million.
Executive Authority
The President may determine activities on the OCS and has done so under the authority to direct
OCS leasing moratoria in the Outer Continental Shelf Lands Act (OCSLA)28 and in the
Antiquities Act.29 As opposed to annual moratoria in appropriations legislation, presidential
directives ordering moratoria usually authorize restrictions for durations that exceed the annual
congressional moratoria.
On January 9, 2007, President George W. Bush modified the Executive Directive on OCS leasing
withdrawal to reflect congressional modifications to OCS leasing in two areas—the North
Aleutian Basin planning area offshore Alaska, and the 181 South Area of the Gulf of Mexico.30
On July 14, 2008, President George W. Bush issued another executive order lifting executive
constrains that remained on offshore leasing activities covered by the annual congressional
moratoria.31
24 P.L. 109–432.
25 GOMESA restricts leasing for about 15 years in areas of the Eastern Gulf of Mexico within 125 miles of Florida,
including areas in the Gulf of Mexico east of the Military Mission Line and certain areas in the central Gulf of Mexico
within 100 miles of Florida.
26 GOMESA provided for the establishment of a process to exchange existing leases in the new moratorium areas for
bonus or royalty credits. Regulations for bonus or royalty credits authorized under GOMESA are found in the final rule
titled Bonus or Royalty Credits for Relinquishing Certain Leases Offshore, RIN 1010–AD44, published September 12,
2008 (73 FR 52917).
27 Of a total of 85 leases eligible to apply for the credit, some leases have expired with no credit being issued, some
leases have been relinquished for credits, and other leases are not yet responsive. The requests for credit must be
received prior to the expiration date of the lease; the last day to apply for a credit is October 14, 2010.
28 43 U.S.C. 1341(a).
29 16 U.S.C. §§431-433.
30 In 2003, Congress did not extend the moratoria in the North Aleutian Basin at the request of the Alaska delegation,
and when Congress enacted GOMESA in 2006, a new moratorium on leasing activities in most of the new Eastern Gulf
Planning Area as well as a portion of the Central Gulf Planning Area within 100 miles of the coastline of Florida was
established until June 30, 2022.
31 On July 14, 2008 a Modification of the Presidential Withdrawal of areas of the United States Outer Continental Shelf
from leasing disposition was announced by President Bush in the following statement, ‘‘Under the authority vested in
me as President of the United States, including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C.
1341(a), I hereby modify the prior memoranda of withdrawals from disposition by leasing of the United States Outer
Continental Shelf issued on August 4, 1992.”
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Figure 1. OCS Oil and Gas Development Locations
Source: MMS maps adapted by CRS.
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Agency Authority
Minerals Management Service (MMS)32
Generally, federal agencies take OCS leasing moratoria direction from Congress and the
President. In some cases however, lack of coordination between federal agency actions and the
actions of Congress and the President in terms of OCS leasing moratoria, has created tension and
controversy.
For example, MMS has exercised agency authority to constrain leasing activities in areas not
under moratoria policy set by Congress or the President. Deferring oil and gas development is
within agency authority even when it is inconsistent with prevailing moratoria policy. MMS has
deferred from offering OCS areas numerous times over the years in response to recommendations
from governors, stakeholders, and others.33
It is rare that areas designated by MMS for potential OCS leasing would include areas designated
by Congress as under moratoria constraints. However, in the current Five-Year Plan which took
effect on July 1, 2007, MMS proposed a possible lease sale in an area under moratoria offshore
the Commonwealth of Virginia.34 Sale 220 was proposed while the area was under moratoria to
prohibit leasing activities. By 2009 however, the area was no longer under moratoria, and became
eligible for leasing consideration.
Marine Sanctuaries and Marine Monuments
Federal agencies other than MMS administer moratoria policy on the OCS. National marine
sanctuaries and national marine monuments are generally areas under moratoria35 and are located
in protected areas that encompass more than 300,000 square miles of ocean area.36 National
marine sanctuaries and national marine monuments are depicted in Figure 1.
Marine sanctuaries can be established and maintained in a variety of ways. Congress and the
President can designate national marine sanctuaries and the Secretary of the Department of
Commerce is authorized to designate areas of the marine environment as National Marine
Sanctuaries.
32 MMS, a bureau in the U.S. Department of the Interior, is the federal agency that manages the nation’s ocean’s oil,
gas, renewable and other mineral resources on the outer continental shelf (OCS). See Minerals Management Service at
http://www.mms.gov/.
33 In 1997, MMS deferred offering 336 blocks in the Gulf of Mexico during treaty negotiations with Mexico. In 2001,
Lease Sale 176 was deferred based upon insufficient time to complete review of an environmental analysis. In 2003,
Lease Sale 186 in the Beaufort Sea was modified by deferrals recommended by Alaska governor Frank Murkowski.
34 MMS prepares a five-year leasing plan, subject to annual revisions, that governs any offshore leasing that takes place
during the period of plan coverage The current MMS Five-Year Oil and Gas Program Plan took effect on July 1, 2007.
The Plan is available on MMS’s website at http://www.mms.gov/offshore/PDFs/OMMStrategicPlan2007-2012.pdf.
35 In 1998 President Clinton withdrew indefinitely all national marine sanctuaries at that time: Washington-Oregon
(Olympic Coast); Central California (Cordell Bank, gulf of Farallones and Monterey Bay); Southern California
(Channel Islands); Western Gulf of Mexico (Flower Garden Banks); Straits of Florida (Florida Keys); South Atlantic
(Gray’s Reef); Mid-Atlantic (Monitor); and North Atlantic (Stellwagen Bank).
36 See CRS Report RL32486, Marine Protected Areas (MPAs): Federal Legal Authority, by Adam Vann.
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Under the Antiquities Act, the President has the authority to unilaterally designate national
monuments.37 In 2006 and 2009, President George W. Bush used the Antiquities Act to establish
the Northwestern Hawaiian Islands Marine National Monument, making it the largest single
conservation area in U.S. history.38
Background on Ocean Governance
With few exceptions, nations exercise jurisdiction over marine areas within approximately 200
nautical miles of their coasts and recognize this area as their exclusive economic zone (EEZ)
under domestic law,39 and under the United Nations Convention on Law of the Sea (UNCLOS).40
The United States has not ratified UNCLOS. The EEZ is a zone where the United States applies
sovereign rights and third party nations are generally allowed limited rights in this zone as well.
The two most common sources of authority for OCS oil and gas leasing in the EEZ and beyond
are the Outer Continental Shelf Lands Act (P.L. 103-426, OCSLA) and UNCLOS. Consideration
of both OCSLA and UNCLOS is apparent in the U.S. effort addressing extended continental shelf
(ECS) areas.41 However there is some disagreement over when to consider the OCSLA and when
to consider UNCLOS, in the development of OCS policy. This is largely due to issues that arise in
the UNCLOS ratification debate. Regardless of UNCLOS ratification, some degree of alignment
with UNCLOS principles is a factor in United States OCS leasing policy, particularly in areas that
would impact trans-boundary reserves or territorial clams of other nations.
Ocean governance is among the topics that are addressed by a task force formed at the direction
of President Obama and led by the Council on Environmental Quality to make recommendations
on national ocean policy.42 In 2009, interim recommendations from the Interagency Ocean Policy
Task Force proposed numerous reforms to improve coordination of domestic ocean governance.43
The Task Force also recommended UNCLOS ratification as an expression of national ocean
policy.
37 By Executive Order 13178, in 2000, President Clinton established the Northwestern Hawaiian Islands Coral Reef
Ecosystem Reserve, directing steps to be taken to bring this site into the National Marine Sanctuary System.
38 The Marine National Monument in the Northwestern Hawaiian Islands includes three new monuments in remote
sites around the northernmost Mariana Islands, including the Mariana Trench and associated active underwater
volcanoes and hydrothermal vents; Rose Atoll in American Samoa; and seven remote U.S. islands in the Central
Pacific – Kingman Reef and Palmyra Atoll, Howland and Baker islands, and Jarvis, Johnston Atoll and Wake Island.
39 The U.S. declared its EEZ in Proclamation No. 5030, 48 Fed. Reg. 10,605 (March 14, 1983).
40 EEZ rights are a matter of customary international law and are generally codified in Articles 55-60 of UNCLOS,
entered into force November 16, 1994.
41 ECS areas are rights to the continental shelf beyond the 200-nautical-mile limit up to 350 miles in certain cases. As
of mid-2009, 51 claims by 44 countries had been made to extend their continental shelf. Some countries have multiple
submissions and joint submissions with other countries. There are numerous benefits to ECS areas including benefits
related to military operations, resource development and other benefits.
42 President Obama directed the Council on Environmental Quality (CEQ) to convene an Interagency Ocean Policy
Task Force to address concerns related to national ocean policy.
43 The Interagency Ocean Policy Task produced an Interim Report available at http://www.whitehouse.gov/
administration/eop/ceq/initiatives/oceans/interimreport.
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Outer Continental Shelf Lands Act (OSCLA)44
Among several federal statutes governing OCS activities, the chief statute for drilling and leasing
activity is the OSCLA which grants the Secretary of the Interior authority over OCS energy and
mineral leasing activities. The OCSLA, in conjunction with other statutes, extends broad powers
to the President and federal agencies such as MMS over leasing activities on the OCS. Under the
OCSLA, oil and gas lease sales are conducted in conjunction with numerous other federal and
state authorities.45 Renewable energy projects are also conducted in conjunction with numerous
other federal and state authorities; however, under OCSLA federal planning does not integrate oil
and gas and renewable energy projects. Expiration of moratoria restrictions impacts all programs
(conventional and renewable) under the OCSLA because it signals a shift away from annual
measures focused on certain controversial leasing areas for oil and gas, and it allows Congress to
frame OCS policy with a comprehensive approach to all areas and all types of energy projects.
United Nations Convention on Law of the Sea (UNCLOS)46
As moratoria restrictions expire or are lifted, ocean areas that were formerly closed have the
potential to open for energy development. U.S. leasing policy alternatives recognize certain areas
under moratoria pursuant to bilateral treaty agreements and customary international law. Despite
not ratifying UNCLOS, the United States seems to align domestic OCS policy with UNCLOS.47
The same themes that prevail in domestic OCS policy debates, seem to prevail in global
development scenarios. International policy in favor of expanding ocean energy development
offshore is driven by competition for energy resources; policy to stem certain development efforts
is largely driven by global climate change concerns. The U.S. and other coastal countries are
considering leasing activities farther and farther offshore, and as a result the potential for
international ramifications of leasing in international areas is an emerging concern.48
Currently, amidst some uncertainty about OCS leasing policy in international areas, leasing
opportunities are emerging near international marine boundaries. Issues likely to arise in these
areas include jurisdictional issues and issues associated with joint development, particularly in
areas where moratoria have expired or is set to expire.49 UNCLOS is broadly viewed as the
44 P.L. 103-426, 43 U.S.C. 1341.
45 In addition to the OCSLA, several federal environmental and safety statutes apply to OCS leasing activity. OSCLA
provides for regulations and procedures for leasing federal OCS areas, and procedures for environmental analysis of
affected areas. OCSLA intends the government to receive fair market value for oil and gas production and establishes
that rents and royalties are to be collected from OCS leasing activities.
46 UNCLOS provides a comprehensive international legal framework intended for building consensus on actions
related to the world’s ocean spaces, uses, and resources. See United Nations Convention on the Law of the Sea, opened
for signature December 10, 1982, in force November 16, 1994, 1833 U.N.T.S. 396, reprinted in United Nations, the
Law of the Sea: United Nations Convention on the Law of the Sea (UN Pub. Sales No. E.83.V.5). For additional
information, see CRS Report RS21890, The U.N. Law of the Sea Convention and the United States: Developments
Since October 2003, by Marjorie Ann Browne.
47 The governance of OCS areas can be approached a number of ways. The use of bilateral agreements and the exercise
of unilateral rights and duties relative to an international framework of recognized ocean jurisdictions are two
approaches that are used by the United States.
48 In recent years there is increased attention to claims to establish extended OCS jurisdiction in areas beyond 200
nautical miles under certain conditions. Such extensions are of particular interest off Alaska and in the Gulf of Mexico.
49 The marine boundary between the U.S. and Mexico is governed by the treaty noted at footnote 51. The moratorium
(continued...)
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international standard by which to govern joint development in OCS areas in the North Atlantic,
in the Arctic region, and in the Gulf of Mexico. Development issues in these areas are the subject
of diplomatic and national security policy as well as economic and environmental policy.
U.S. Moratoria in International Areas
In the Gulf of Mexico and in the Arctic, U.S. offshore activity is determined by a number factors,
including conformance to customary international law. U.S. policy with respect to increasing
domestic production in areas near international waters reflects general conformance to customary
international law and consistency, if not full alignment, with the UNCLOS framework.50
In 1978, the United States and Mexico signed a treaty establishing maritime boundaries in the
Gulf of Mexico.51 The governance of deepwater areas was of particular interest in the 1978 draft
treaty because two territorial “gaps” existed in areas beyond 200 miles from each nation’s
respective coastlines.52 At that time there was no international consensus for nations to claim
natural resources in areas beyond the 200-mile EEZ.53 The Mexican parliament ratified the treaty
in 1979. Eighteen years later, the United States Senate ratified a maritime boundary treaty. The
period of consideration was largely due to debates about how the treaty impacted governance of
deepwater areas.54
Treaty provisions between the U.S. and Mexico established a 1.4 nautical mile buffer zone on
each side of the marine boundary and both countries agreed to a 10-year moratorium on oil and
gas exploitation in the buffer zone.55 When the Treaty was ratified, it was generally understood
that after the 10-year period, each country would potentially determine drilling and exploitation
(...continued)
established in this bilateral treaty is expected to expire in 2010. In the case of the marine boundary between the United
States and Canada in the North Atlantic, the Canadian moratorium, appears to be in place until 2012.
50 UNCLOS provides a framework for ocean governance based on customary international law. U.S. actions are
generally in conformance with customary international law. With respect to certain UNCLOS proceedings, such as
claiming extended continental shelf, there is no parallel in customary international law.
51 Treaty on Maritime Boundaries between the United Mexican States and the United States of America (Caribbean Sea
and Pacific Ocean), May 4, 1978; available at http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/
PDFFILES/TREATIES/MEX-USA1978MB.PDF.
52 The “gaps” are depicted in the map at Figure 2. One area is located in front of the Mexican coastline of Tamaulipas
and the United States coast of Texas. This area is known as the Western Gap, while the other one, the Eastern Gap is in
front of the Mexican coast of Yucatan, the coast of New Orleans and the coast of Cuba.
53 Today an UNCLOS process is established for countries to submit claims to a special UNCLOS commission which
reviews the evidence related to ECS recognition. This UNCLOS review and determination is governed by Article 76 of
UNCLOS and is the subject of some controversy.
54 For more information see S.Rept. 105-4, U.S.–Mexico Treaty on Maritime Boundaries, October 22, 1997, Committee
on Foreign Relations.
55 Moratorium is the subject of Article 4 of the Treaty which reads, “Due to the possible existence of oil or natural gas
reservoirs that may extend across the boundary set forth in Article I (hereinafter referred to as “trans-boundary
reservoirs”), the Parties, during a period that will end ten (10) years following the entry into force of this Treaty, shall
not authorize or permit oil or natural gas drilling or exploitation of the continental shelf within one and four-tenths (1.4)
nautical miles of the boundary set forth in Article I. (This two and eight-tenths (2.8) nautical mile area hereinafter shall
be referred to as “the Area” (…).”
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of oil and gas in its respective buffer zone.56 Under the Treaty, the moratoria area that was
established appears to expire in 2010.
Issues for Congress
Expiration of moratoria has created the potential for oil and gas exploration and production in
areas of the OCS along the Atlantic and Pacific Coasts, parts of Alaska, and the Gulf of Mexico
that had been restricted since 1982. These areas include some parts of the OCS that are largely
unexplored. Although the annual congressional moratorium was not the only restriction to leasing
these offshore areas, it was a significant bar on development. In the absence of the annual
congressional moratoria, new OCS policy alternatives emerge for Congress and for the states.
Federal Revenue57
Moratoria reduces the potential for federal and state revenue. In FY2008 MMS collected
approximately $18 billion from OCS leases.58 Funds from offshore production also support the
Land and Water Conservation Fund and the National Historic Preservation Fund. Both of these
funds provide money to all 50 states. Where OCS oil and gas leasing is currently underway, and
states participate in specific revenue sharing policies, revenue management programs seem to
have broad support.59
Revenue sharing between the states and the federal government is typically established by statute.
Congress has enacted three OCS revenue sharing programs that disburse money to coastal states.
These programs are discussed in the following sections.
OCSLA Amendments of 1986 Created the 8(g) Zone
OCSLA amendments of 1986 mandated that the federal government share with affected coastal
States 27% of revenues generated from oil and natural gas leases located in the federal 8(g) zone.
The 8(g) zone is three miles wide and is located directly adjacent to a state’s seaward boundary.60
56 U.S. Department of the Interior, Minerals Management Service, Gulf of Mexico OCS Region press release on July
13, 2000 available at http://www.gomr.mms.gov/homepg/whatsnew/newsreal/2000/000713.html.
57 Revenue management has been the subject of considerable interest and controversy. See CRS Report RS22764,
Recent Litigation Related to Royalties from Federal Offshore Oil and Gas Production, by Adam Vann.
58 MMS statistics available at http://www.mms.gov/ooc/PDFs/MMSFastFactsApr09.pdf.
59 The way royalty payments work is set forth in the lease instrument itself. The royalty clause is the main provision in
OCS leases for the compensation of the federal government. At the time the lease is executed, the federal government
typically receives a bonus payment for the grant of the lease and during the primary term of the lease may receive
periodic payments of rentals. If production is obtained, the federal government receives royalty, usually stated as a
percentage of production or of the proceeds from the sale of production minus the costs associated with producing the
oil and or gas.
60 According to MMS, in FY2008, MMS disbursed $103.6 million in 8(g) oil and gas revenues to seven coastal states.
Alabama: $15.0 million; Alaska: $17.8 million; California: $11.0 million; Louisiana: $45.8 million; Texas: $13.3
million; Mississippi: $ 564,068; Florida: $ 83. Disbursements to Mississippi and Florida (compared to Alabama,
Alaska, California, Louisiana, and Texas) show a difference in scale. This may be related to adherence to each state’s
state coastal planning requirements. See http://www.mms.gov/ooc/PDFs/MMSFastFactsApr09.pdf.
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The Energy Policy Act of 2005 expanded revenue sharing in the 8(g) zone to include 27% of the
revenues generated from renewable energy leases.
The Coastal Impact Assistance Program (CIAP)
CIAP is a grant program established under the Energy Policy Act of 2005. States with an
approved CIAP State Plan are eligible to receive a portion of $250 million for each fiscal year
2007 through 2010. This revenue is shared among Alabama, Alaska, California, Louisiana,
Mississippi, and Texas.61
The Gulf of Mexico Energy Security Act of 2006 (GOMESA)
GOMESA established a revenue sharing program for four coastal producing states in the Gulf of
Mexico—Alabama, Louisiana, Mississippi and Texas—and their coastal counties and parishes.
There are two phases: (1) starting in FY2007, these four states would receive 37.5% of the oil and
gas revenues generated from leases issued in two areas of the Gulf of Mexico where sales were
mandated in the Eastern and Central Gulf of Mexico Planning Areas; and (2) beginning in
FY2017, the four states will share 37.5% of qualified OCS revenues from Gulf of Mexico leases
issued after December 20, 2006. Payments to states are made annually. In March 2009, $25
million of GOMESA qualified revenues from bonuses and first year rental payments from leases
issued in FY2008 were disbursed.62
International Ocean Policy for Energy Development
UNCLOS and Extended Continental Shelf Claims
Upon the expiration of the annual congressional moratoria, certain international marine boundary
areas gained relevance in OCS leasing policy because these areas became open for new leasing
consideration. Although U.S. maritime zones conform generally to UNCLOS, the United States
has not ratified UNCLOS and is therefore not a party to this Convention.
The U.S. OCS extends beyond the EEZ in certain areas and the U.S. is engaged in efforts to
establish its outer boundaries, or its extended continental shelf, to ultimately have the extended
boundaries recognized generally by the international community. Similarly, other coastal nations
are also engaged in efforts to establish their extended continental shelf boundaries. Among the
coastal nations that have ratified UNCLOS, international recognition of their extended continental
shelf would be recognized under UNCLOS rules. If the United States does not ratify UNCLOS,
the United States likely cannot establish full UNCLOS recognition of its jurisdiction in offshore
areas beyond 200 miles. This could result in uncertainty associated with U.S. marine boundaries
and may jeopardize U.S. interests in certain activities such as security, navigation or oil and gas
development.
61 For more information see http://www.mms.gov/offshore/ciapmain.htm.
62 According to MMS, funds were disbursed to Alabama: $7.7 million; Louisiana: $7.9 million; Mississippi: $6.8
million and Texas: $2.6 million. See http://www.mms.gov/ooc/PDFs/MMSFastFactsApr09.pdf.
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The U.S. relies on its general conformance to international law as a substitute for ratifying
UNCLOS in its approach to certain international ocean matters.63 However, the difference
between choosing to align with UNCLOS and choosing to ratify UNCLOS is becoming
increasingly more pronounced, specifically with respect to the process to establish U.S. extended
continental shelf jurisdiction.
Establishing OCS policies that allow for extended marine boundaries and establishing
international recognition of U.S. ECS areas are emerging as significant concerns absent UNCLOS
ascension. Arguments have been made that UNCLOS ratification is the only way to establish
international recognition for extended continental shelf jurisdiction. Others disagree. It is unclear
whether there is an available substitute for ratifying UNCLOS for the purpose of establishing
UNCLOS recognition for extended continental shelf areas.
Trans-boundary OCS Resources
In the late 1990s, petroleum resources were discovered in progressively deeper water in the Gulf
of Mexico. When in 2000, the United States signed and ratified the Delimitation Treaty with
Mexico, both countries recognized the possibility that trans-boundary oil and gas reservoirs may
exist.64
When prospective marine resources appear to straddle marine boundaries, it can be impractical
for different national regulations to apply on different sides of an imaginary line in the middle of
the ocean. The legal and policy issues associated with trans-boundary reservoirs have not been
fully analyzed. Taking this into account, countries potentially consider mutual policy options,
including moratoria alternatives, and address trans-boundary resources with a combination of
unilateral and bilateral (or multi-lateral in the case of more than two countries) options.
U.S. and Mexico—Gulf of Mexico Moratoria Areas
In the case of the marine boundary between the U.S. and Mexico, which is depicted in Figure 2, a
moratorium established by bilateral treaty is set to expire in 2010. As the restriction on
development nears its expiration, both countries may be considering OCS development in that
area. Opportunities exist to allow for oil sharing, joint development, or unitization schemes. If the
United States and Mexico’s constitutional and legal framework allow, this potentially provides
many federal policy options and alternatives.
Marine development activities in the Gulf of Mexico are of interest to the United States, Mexico,
and Cuba.65 Concerns associated with governing trans-boundary resources such as those in the
63 Mutual adherence to UNCLOS has been instrumental in the diplomatic discussions to set marine boundaries between
the United States and Mexico. It is typical that countries attempt to adhere to the same customary definitions when
settling marine boundaries, and determining the sovereignty of marine areas. For example, when Mexico and the
United States negotiated a marine boundary each country adhered to the position that the continental shelf of each
country would extend past the 200 nautical mile boundary, pursuant to Article 76(1) of UNCLOS. This was a
fundamental principle of the delimitation of marine areas between Mexico and the United States. It was by each
country’s adherence to this principle that both countries were able to agree.
64 A trans-boundary resource is a resource that straddles two national territories.
65 See U.S. Geological Survey report titled “Assessment of Undiscovered Oil and Gas Resources of the North Cuba
Basin 2004,” published in February 2005, which estimates a mean of 4.6 billion barrels of undiscovered oil and a mean
of 9.8 trillion cubic feet of undiscovered natural gas along Cuba’s north coast.
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Gulf of Mexico are becoming increasingly evident. Despite various attempts within each nation to
establish governance within their own jurisdictions, there is little to indicate progress between the
United States, Mexico, and Cuba in developing coordinated maritime policies.66
Figure 2. Marine Boundary Areas Between the U.S. and Mexico
Source: Adapted by CRS from International Boundaries Research Unit (IBRU) Boundary and Security Bulletin
Autumn 1997.
U.S. and Canada—Georges Bank Moratoria Areas
Georges Bank straddles the U.S.-Canada border off southwest Nova Scotia in the North Atlantic.
On the U.S. side, the West Georges Bank Basin had been under moratoria since 1982. With the
expiration of the annual congressional moratoria, U.S. areas of the West Georges Bank Basin may
be considered for oil and gas leasing.
On the Canadian portion of Georges Bank a general leasing ban has been in effect for many
years, which covers the East Georges Bank Basin. BP Canada Energy Company and Chevron
66 The U.S. negotiated a boundary with Cuba but has not ratified the Cuba boundary treaty. The boundary treaty with
Cuba was submitted to the Senate on January 23, 1979. On September 17, 1980, the Senate unanimously returned the
boundary treaty with Cuba to the executive calendar. See 126 Cong. Rec. S25722–23 (Sept. 17, 1980).
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Canada Limited hold three large exploration concessions there, indicating potential development
interests.
Exploration rights belonging to these companies were suspended during a Canadian moratorium,
which was in place through 1999, and extended to December 31, 2012, matching the adjoining
U.S. moratorium at that time. It is unclear whether the Canadian moratorium will be maintained
after 2012 or whether the Canadian government is considering lifting that moratorium.
Conclusion
Expiration of moratoria policy is a significant legislative development and in the absence of this
restriction, new policy alternatives emerge for domestic ocean energy development. While in
place, the annual congressional moratoria may not have been consistent with executive orders and
agency regulations at times, but it set parameters for federal OCS activity that generally satisfied
coastal state interests and it provided a generally stable atmosphere for overall management of the
OCS. While in place, moratoria policy diminished options to develop OCS areas and obviated the
need for certain aspects of federal-state coordination to address economic and environmental
concerns discussed in this report.
In the absence of legislation that seemed to quell controversy over energy projects in certain
ocean and coastal areas, two broad consequences emerge. One likely consequence of lifting the
moratoria is that policy makers would focus on coordination between the federal government and
coastal states over concerns such as OCS environmental matters and revenue sharing. Another
likely consequence of lifting the moratoria is that policy makers would focus on international
marine boundaries, including the prospect of U.S. alignment with international governance bodies
such as UNCLOS.
Domestic policy debates about OCS energy development correspond to international policy
debates about offshore energy development. In both domestic and international contexts,
controversy seems to be widespread over economic and environmental policies. A prevailing
view among advocates on both sides of the “drilling debate” is that ambiguity in federal ocean
policy can impede achieving both economic and environmental objectives. Clarifying national
ocean policy related to OCS development may lead to consistency in legislative and regulatory
approaches to OCS development and may allow federal ocean agencies to more effectively reach
economic and environmental objectives. Clarifying national policy related to OCS development
also would likely facilitate cooperation between federal ocean agencies and state authorities and
with international authorities.
OCS energy development options are in a state of change. This state of change is a theme of the
Obama Administration Interagency Ocean Policy Task Force67 and is the basis for the Task Force
Interim Report, which raises questions about national priorities for ocean policy and recommends
reforms intended to improve federal administration of ocean activities, including ratification of
UNCLOS. U.S. ocean policy is attracting the interest of some policy makers in Congress, and it
remains unclear what role this Congress will take in addressing these topics.
67 President Obama directed the Council on Environmental Quality (CEQ) to convene an Interagency Ocean Policy
Task Force to address concerns related to national ocean policy. The Interagency Ocean Policy Task produced an
Interim Report available at http://www.whitehouse.gov/administration/eop/ceq/initiatives/oceans/interimreport.
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Author Contact Information
Curry L. Hagerty
Specialist in Energy and Natural Resources Policy
chagerty@crs.loc.gov, 7-7738
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