On the recordJune 28, 2013
This is a simple savings clause amendment of the kind that we include typically, frequently, in almost every bill that's a major bill that passes this House. It says as follows: Nothing in this Act and the amendments made by this Act affects the right and power of each State to prohibit management, leasing, developing, and use of lands beneath navigable waters, and the natural resources within such lands, within its boundaries. The simple purpose of this is to avoid any implication by this statute that it is taking away any rights of any State, including my State of Florida, where drilling rights are a matter of extreme controversy. Now, why do we do this? Because of the Constitution, because the supremacy clause in the Constitution says the Federal law is the highest law of the land. And whenever we're dealing with any area, any area at all of the law, where there are states' rights and there are Federal rights, it's incumbent upon us to explain that we are preserving those State rights, not just in this bill but in every bill. In fact, we are shoring up the provision that exists already in 43 U.S.C. 1311, entitled ``Rights of States.'' And why do we need to do that? Because this is a comprehensive scheme to regulate offshore drilling in this country, and when you establish any comprehensive scheme, you run the risk that a court will determine that you have obliterated, you have annihilated, you have eliminated states' rights.…





