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U.S. Commission on Ocean Policy - Joint Ocean Commission Initiative

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over c<strong>on</strong>trol of offshore waters. Once that issue was settled legislatively, there was a shortbut relatively stress-free period. C<strong>on</strong>flict, however, so<strong>on</strong> emerged over issues of management,envir<strong>on</strong>mental risks, and the costs and benefits of energy explorati<strong>on</strong> and producti<strong>on</strong><strong>on</strong> the OCS that c<strong>on</strong>tinues to this day. Prop<strong>on</strong>ents point to the program’s c<strong>on</strong>tributi<strong>on</strong>s tothe nati<strong>on</strong>’s energy supplies and ec<strong>on</strong>omy, significant improvements in its safety and envir<strong>on</strong>mentalrecord, and noteworthy technological achievements. Opp<strong>on</strong>ents argue thatoffshore oil activities harm coastal communities ec<strong>on</strong>omically and the marine envir<strong>on</strong>mentunacceptably. The <strong>on</strong>going debate is carried out in the halls of C<strong>on</strong>gress, federal agencies,state and local governments, trade associati<strong>on</strong>s, and n<strong>on</strong>governmental organizati<strong>on</strong>s. OCSoil and gas development is a classic example of the politics of multiple-use resource management,including federal-state tensi<strong>on</strong>s, competing user issues, arguments over the interpretati<strong>on</strong>of data, and disagreements c<strong>on</strong>cerning tolerable levels of risk.Despite its political problems, which are best understood through an awareness of thehistorical c<strong>on</strong>text associated with it, today the OCS oil and gas program has a well instituti<strong>on</strong>alizedand reas<strong>on</strong>ably comprehensive management regime. While not without itscritics, the program seeks to balance the many competing interests involved in offshoreenergy activity, requires state and local government input in federal decisi<strong>on</strong>s, and specifiesdetailed procedures to be followed by those seeking offshore leases. It also managesthe various processes associated with access to n<strong>on</strong>-energy minerals <strong>on</strong> the OCS.Energy development in federal waters is big business and has become an importantpart of the fabric of the U.S. ocean policy mix. Most observers agree that the federal OCSoil and gas program benefits America by helping to meet energy needs, creating thousandsof jobs, and c<strong>on</strong>tributing billi<strong>on</strong>s of dollars to the U.S. Treasury. Despite the limited offshoregeographic area from which producti<strong>on</strong> flows and in which leasing is authorized,the amount of oil and gas producti<strong>on</strong> from the OCS is significant. In 2002 and 2003, federaloffshore waters produced more than 600 milli<strong>on</strong> barrels of oil annually 1 and about 4.5trilli<strong>on</strong> cubic feet of natural gas. 2From a Quiet Beginning to Prohibiti<strong>on</strong>s <strong>on</strong> LeasingIn 1953, C<strong>on</strong>gress enacted the Submerged Lands Act, which codified coastal states’ jurisdicti<strong>on</strong>off their shores out to three nautical miles (or, for historic reas<strong>on</strong>s, nine nauticalmiles for Texas and the Gulf coast of Florida). That same year, regulati<strong>on</strong> of OCS oil andgas activity seaward of state submerged lands was vested in the Secretary of the Interiorwith the passage of the Outer C<strong>on</strong>tinental Shelf Lands Act (OCSLA), which establishedfederal jurisdicti<strong>on</strong> over the OCS for the purpose of mineral leasing. For a period of somefifteen years, the offshore energy program was relatively quiet, being c<strong>on</strong>fined largely toleasing off of Louisiana and Texas. In the late sixties, however, the relative peace <strong>on</strong> theOCS would be dramatically changed.As discussed in Chapter 2, the 1969 Santa Barbara blowout took place during an eraof rapidly expanding envir<strong>on</strong>mental awareness and helped spur the enactment of numerousmajor envir<strong>on</strong>mental laws, including the Nati<strong>on</strong>al Envir<strong>on</strong>mental <strong>Policy</strong> Act (NEPA),the Coastal Z<strong>on</strong>e Management Act (CZMA), the Marine Mammal Protecti<strong>on</strong> Act (MMPA),and the Marine Protecti<strong>on</strong>, Research, and Sanctuaries Act (MPRSA).Just as the nati<strong>on</strong>’s envir<strong>on</strong>mental c<strong>on</strong>sciousness rose, so too did recogniti<strong>on</strong> of theneed for secure supplies of oil and gas. Also, as noted in Chapter 2, the 1973 Arab oilembargo prompted President Nix<strong>on</strong> to announce plans to lease 10 milli<strong>on</strong> OCS acres in1975, an area equal to the entire amount leased prior to that time. Sales were schedulednot <strong>on</strong>ly in areas of earlier OCS activity, but also al<strong>on</strong>g the Atlantic and Pacific coasts. Theresult was a nati<strong>on</strong>wide debate that raged through the remainder of the decade, pitting theoil and gas industry and its allies against various representatives of coastal states, commercialand sport fishing interests, and envir<strong>on</strong>mental organizati<strong>on</strong>s.CHAPTER 24: MANAGING OFFSHORE ENERGY AND OTHER MINERAL RESOURCES353

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