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Friday, August 8, 2008

Understanding Why Bush Has No Control Over The Drilling Moratorium & Why It Does Not “Expire” September 30th.

Understanding Why Bush Has No Control Over The Drilling Moratorium & Why It Does Not “Expire” September 30th.

In past weeks, I read comment after comment that it doesn’t matter whether Pelosi and Reid bring up legislation to lift the moratorium on offshore drilling, after all the moratorium expires September 30th. Therefore, as of October 1st, we can drill and Bush can veto any bill that renews the moratorium.

In reality, however, that thought process is too simplistic and does not represent how the moratorium is achieved and maintained. In reality, there is no magical bill that “establishes a moratorium on offshore drilling”. That’s right, no separate bill and no annual vote specifically on the issue. The moratorium is achieved not through banning drilling but rather through not funding the Department of Interior branch that sells the land leases associated with the ‘moratorium’ acres. Every year, congress must pass an appropriations bill for the Department of Interior, which outlines the budget for the Department and funds the agency responsible for land-leases. The moratorium is achieved by not funding the sale of leases on this acreage. The annual appropriations bill runs on a fiscal year from October 1st to September 30th when it must be renewed.

If the appropriations bill for the Department of Interior is not renewed by September 30th, then the lack of funding for the sale of Land-Leases still exists. Without appropriation, the Department cannot sell the leases to allow drilling.

Currently, Republicans on the appropriations committee have fought to add an amendment to the appropriations bill with no avail as Reid and Pelosi continue to block efforts. When the bill does come up in September, they will try again; but Pelosi & Reid will continue to use parliamentary procedure to block the amendments.

Pelosi and Reid’s plan is simple: They intend on blocking any amendments to the appropriations bill in which the bill will most likely be blocked by Republicans. They can provide temporary appropriations to keep the agency afloat until after Election Day or the start of the new congressional session.

Pelosi, Obama, and Reid hope that A) Obama will win the Presidency and B) Democrats will obtain the 60 Senate seats required to protect a Republican filibuster. Ultimately, they know that congress will have to pass an appropriations bill and if they hold out long enough they will either achieve the votes they need or achieve a compromise in their favor.

Everything they are seeking revolves around political maneuvering, but everyone needs to understand that the September 30th Expiry of the moratorium is a ‘myth’. There is no expiration date, there is no ‘moratorium’ bill, and there is only a lack of funding that will continue beyond September 30th.

The only way to win this fight is to continue to push for a vote on legislation specifically mandating and FUNDING the sale of offshore leases. Without the funding portion of the bill, the bill may fall victim to similar bills calling for border fences but never fully funded when appropriations were passed.

This is why Republicans are now pushing so hard on the issue and this is why McCain has not focused on the September 30th date.

J Brown
August 8th, 2008
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