THE DAILY WHIP: WEDNESDAY, MAY 11, 2011

H.Res. 257 - Rule providing for consideration of H.R. 1231 – ‘Reversing President Obama's Offshore Moratorium Act’ (Rep. Hastings (WA) – Natural Resources) (One Hour of Debate) The Rules committee has recommended a structured Rule that allows 8 amendments to be considered. The Rule would provide 1 hour of general debate, equally divided between the Chair and Ranking Member of the Committee on Natural Resources. It also provides one motion to recommit, with or without instructions. The Rules committee did not allow several amendments offered by Democratic Members. They also denied a motion made by Mr. McGovern to consider the bill under an open Rule.

The Congressional Budget Office estimates that H.R. 1229 would increase direct spending over the next 5 years by approximately $6 million. In order to circumvent their own Rules, the Majority coupled this bill with H.R. 1230 in the same Rule last week. The Rule for H.R. 1229 (H.Res. 245) stipulated that after final passage of H.R. 1229, the Clerk shall merge the text of H.R. 1230 and H.R. 1229 into one bill during engrossment. That combined bill would not increase direct spending.

As of yesterday, all debate on the amendments was completed and the following amendments have recorded votes pending:

• Hanabusa Amendment. States that the Interior Secretary should not issue an offshore drilling permit without certifying that the applicant has calculated a worst-case discharge scenario for the proposed drilling operations, and has demonstrated that they possesses the capability and technology to respond to such worst-case discharge scenario
• Holt Amendment. Strikes a provision in the underlying bill that would "deem" drilling permits approved after 60 days, even if the necessary safety and environmental reviews have not been completed. It would keep the bill’s 60 day maximum timeline for approval of drilling permits, but prevents permits from being "deemed" approved at the end of the timeline before the safety review has been completed.
• Polis Amendment. Lifts permit deadline requirements if the agency lacks an adequate budget or lacks staff expertise to properly review permits
• Hastings (FL) Amendment. Requires a permit application to include an estimate of the amount of oil and gas expected to be produced from the well, and the amount and time it would take for consumer and crude oil prices to be reduced if the well produced the estimated amount of oil and gas
• Deutch Amendment. Strikes section 202 of the bill, which would allow district courts outside of the 5th Circuit to hear civil actions relating to oil and gas drilling operations or energy projects in the Gulf of Mexico
• Hastings (FL) Amendment. Strikes Section 207, which places a restriction on attorneys' fees

• Hastings (WA) Manager’s Amendment: Makes technical corrections to the legislation
• Connolly/Scott (VA)/Moran Amendment:  Clarifies that new offshore drilling cannot interfere with operations of the Armed Forces
• Markey Amendment: Would require that new 5-year leasing plans require that companies bidding on new leases first renegotiate any royalty-free leases they own, which would raise more than $2 billion over 10 years.
• Keating Amendment: Requires the Secretary to make any available data public regarding the lessee’s executive bonuses paid out in the previous quarter
• Tsongas Amendment: Requires that any applicant for a permit must include a plan for worst-case oil spill containment and clean-up
• Brown (FL) Amendment: Makes permanent the current moratorium on the eastern Gulf of Mexico set to expire in 2022
• Thompson (CA) Amendment: Clarifies that the Secretary may not include oil and gas development off the northern coast of California in any oil and gas leasing program set forth in the legislation
• Inslee Amendment: Requires the approval of the Governor and State legislature in Washington in order to proceed with any leasing of land for oil and gas development off the coast of Washington state.