H. R. 1782
IN THE HOUSE OF REPRESENTATIVES
April 26, 2013
Mr. Rigell(for himself,Mr. Wittman,Mr. Griffith of Virginia, andMr. Hurt) introduced the following bill; which was referred to theCommittee on Natural Resources
To require the Secretary of the Interior to conduct offshore oil and gas Lease Sale 220 as soon as practicable, and for other purposes.
This Act may be cited as the
Virginia Jobs and Energy
Lease Sale 220 and other OCS oil and gas lease sales offshore Virginia
Conduct of lease sale
Notwithstanding inclusion in the current 5-year oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act(43 U.S.C. 1344), theSecretary of the Interiorshall conduct lease sale 220 (as defined in the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010–2015 as published in the Federal Register on January 21, 2009 (74 Fed. Reg. 3631)) under section 8 of such Act(43 U.S.C. 1337)as soon as practicable, but not later than 1 year after the date of enactment of this Act.
Inclusion in future leasing programs
TheSecretary of the Interiorshall include at least one lease sale in the Virginia lease sale planning area in each 5-year oil and gas leasing program that applies after the current leasing program.
Protection of military operations
No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between theDepartment of Defenseand theDepartment of the Interioron Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by theSecretary of Defenseand theSecretary of the Interiorafter that date but before the date of issuance of the lease under which such exploration, development, or production is conducted.
Review and updating of MOA
TheSecretary of the Interiorand theSecretary of Defenseshall periodically review and revise such memorandum of agreement to account for new offshore energy production technologies, including those that use wind energy.
Disposition of revenue
Payment of new leasing revenues to Mid-Atlantic States
Notwithstanding section 9 of the Outer Continental Shelf Lands Act(43 U.S.C. 1338), of the amount of new leasing revenues received by the United States each fiscal year under any lease issued under this Act, 37.5 percent shall be allocated and paid in accordance withsubsection (b)to Mid-Atlantic States that are affected States with respect to the leases under which those revenues are received by the United States.
Allocation of payments
The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to Mid-Atlantic States in accordance with this subsection each fiscal year shall be allocated among and paid to Mid-Atlantic States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by theSecretary.
Minimum and maximum allocation
The amount allocated to a Mid-Atlantic State underparagraph (1)each fiscal year with respect to a leased tract shall be—
in the case of a Mid-Atlantic State that is the nearest Mid-Atlantic State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; and
in the case of any other Mid-Atlantic State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract.
Amounts allocated to a Mid-Atlantic State under this subsection—
shall be available to the State without further appropriation;
shall remain available until expended; and
shall be in addition to any other amounts available to the State under the Outer Continental Shelf Lands Act( 43 U.S.C. 1331 et seq. ).
Use of funds
Except as provided insubparagraph (B), a Mid-Atlantic State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State.
Restriction on use for matching
Funds allocated and paid to a Mid-Atlantic State under this subsection may not be used as matching funds for any other Federal program.
In this section:
affected Statehas the meaning that
term has under
section 2 of the Outer Continental Shelf Lands Act(43 U.S.C.
The termMid-Atlantic Statemeans each of the States of Delaware, North Carolina, Maryland, and Virginia.
New leasing revenues
The termnew leasing revenuesmeans amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on areas of the Outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of this Act.
Virginia lease sale planning area
Virginia lease sale planning areameans the area of the outer
Continental Shelf (as that term is defined in the
Outer Continental Shelf Lands
33 U.S.C. 1331 et seq.
)) that has—
a boundary consisting of a straight line extending from the northernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and
a southern boundary consisting of a straight line extending from the southernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude.
Offshore meteorological site testing and monitoring projects
Offshore meteorological project permitting
TheSecretary of the Interiorshall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act( 43 U.S.C. 1331 et seq. )) must obtain a permit and right of way for the project in accordance with this subsection.
Permit and right-of-way timeline and conditions
Deadline for Approval
TheSecretaryshall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application.
Public comment and consultation
During the period referred to insubparagraph (A), theSecretaryshall—
provide an opportunity for submission of comments by the public; and
consult with theSecretary of Defense, theCommandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way.
Denial of permit; opportunity to remedy deficiencies
If the application is denied, theSecretaryshall provide the applicant—
in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and
an opportunity to remedy such deficiencies.
Section 102(2)(C) of the National Environmental Policy Act of 1969( 42 U.S.C. 4332(2)(C) )shall not apply with respect to an offshore meteorological site testing and monitoring project.
Protection of Information
The information provided to theSecretary of the Interiorpursuant tosubsection (d)(3)shall be treated by theSecretaryas proprietary information and protected against disclosure.
Definition of an offshore meteorological site testing and monitoring project
In this section, the termoffshore meteorological site testing and monitoring projectmeans a project carried out on or in the waters of the Outer Continental Shelf administered by theDepartment of the Interiorto test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that—
less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and
not more than 5 acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation);
is decommissioned not more than 5 years after the date of commencement of the project, including—
removal of towers, buoys, or other temporary ocean infrastructure from the project site; and
restoration of the project site to approximately the original condition of the site; and
provides meteorological information obtained by the project to theSecretary of the Interior.