[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2239 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2239

 To prohibit offshore drilling on the outer Continental Shelf off the 
               State of Florida, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2006

  Mr. Martinez (for himself and Mr. Nelson of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To prohibit offshore drilling on the outer Continental Shelf off the 
               State of Florida, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permanent Protection for Florida Act 
of 2006''.

SEC. 2. PROHIBITION ON OIL AND GAS PRODUCTION IN FLORIDA EXCLUSION 
              ZONE.

    The Outer Continental Shelf Lands Act is amended by inserting after 
section 8 (43 U.S.C. 1337) the following:

``SEC. 8A. PROHIBITION ON OIL AND GAS PRODUCTION IN FLORIDA EXCLUSION 
              ZONE.

    ``(a) Definitions.--In this section:
            ``(1) Florida exclusion zone.--The term `Florida exclusion 
        zone' means the area located--
                    ``(A) east of the red line (as depicted on the 
                Minerals Management Service map entitled `Florida Map 
                1', dated January 23, 2006);
                    ``(B) 25 miles west of the Military Mission Line 
                (as depicted on the Minerals Management Service map 
                entitled `Florida Map 1', dated January 23, 2006);
                    ``(C) 150 miles off the Florida Panhandle, 
                including the area commonly known as the `Stovepipe' in 
                the 181 Area in the Gulf of Mexico;
                    ``(D) the Straits of Florida planning area; and
                    ``(E) 150 miles off the Florida east coast that 
                extends from the Straits of the Florida planning area 
                to the Florida-Georgia border.
            ``(2) Military mission line.--The term `Military Mission 
        Line' means--
                    ``(A) the 8641' north-south line of longitude; or
                    ``(B) a line not more than 25 miles west of the 
                line described in subparagraph (1), as determined by 
                the Secretary of Defense during the 5-year period 
                beginning on the date of enactment of this section.
            ``(3) Non-producing lease.--The term `non-producing lease' 
        means a lease for the production of oil, natural gas, or any 
        other mineral in the Florida exclusion zone that is in 
        existence and in good standing on the date of enactment of this 
        section.
    ``(b) Exclusion Zone.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall not issue a lease for the exploration, 
        development, or production of oil, natural gas, or any other 
        mineral in the Florida exclusion zone.
            ``(2) Great lakes.--It is the sense of Congress that States 
        are encouraged not to issue a permit or lease for new oil and 
        natural gas slant, directional, or offshore drilling in or 
        under any of the Great Lakes (as described in section 386 of 
        the Energy Policy Act of 2005 (42 U.S.C. 15941)).
            ``(3) Application.--This subsection applies to--
                    ``(A) a non-producing lease; and
                    ``(B) a non-producing lease that would otherwise be 
                entered into on or after the date of enactment of this 
                section.
    ``(c) Withdrawal.--The Florida exclusion zone is withdrawn from--
            ``(1) any outer Continental Shelf protraction diagram 
        prepared by the Minerals Management Service; and
            ``(2) consideration for inclusion in any 5-year outer 
        Continental Shelf leasing program of the Department of the 
        Interior.
    ``(d) Relinquishment of Certain Leases.--
            ``(1) In general.--Subject to paragraphs (2), (3), and (4), 
        any non-producing or similar lease that is suspended on the 
        date of enactment of this section in the Eastern planning area 
        of the Gulf of Mexico (other than Lease Sale 181, as identified 
        in the final outer Continental Shelf 5-Year Oil and Gas Leasing 
        Program for 2002-2007) that is active, non-producing, or in 
        suspension as of the date of enactment of this section is 
        relinquished and abandoned in exchange for royalty forgiveness 
        for revenue streams owed by oil and gas lessees producing on 
        that date in the Central and Western planning areas of the Gulf 
        of Mexico.
            ``(2) Restoration of leased sea floor.--A lessee of a 
        relinquished and abandoned lease shall--
                    ``(A) remove all existing boreholes, wellheads, and 
                ancillary equipment located on the leased sea floor; 
                and
                    ``(B) restore the sea floor as nearly as 
                practicable to pre-lease condition.
            ``(3) Ineligible lessee.--A lessee of a relinquished and 
        abandoned lease is ineligible for royalty forgiveness if the 
        lease involves--
                    ``(A) an outer Continental Shelf tract in the 
                Central or Western planning area of the Gulf of Mexico 
                subject to royalty deferrals or royalty forgiveness 
                pursuant to--
                            ``(i) the notice of proposed rulemaking 
                        entitled `Relief or Reduction in Royalty 
                        Rates--Deep Gas Provisions' (68 Fed. Reg. 
                        14868); or
                            ``(ii) any other Federal law (including 
                        regulations);
                    ``(B) an outer Continental Shelf tract located 
                within the boundaries of the Flower Garden Banks 
                National Marine Sanctuary; or
                    ``(C) any outer Continental Shelf tract located 
                outside the boundaries of the Florida exclusion zone 
                and within the Eastern planning area of the Gulf of 
                Mexico.
            ``(4) Waiver of rents and royalties.--
                    ``(A) In general.--The Secretary shall allow an 
                eligible lessee covered by paragraph (1) to withhold 
                from payment any royalty or rent due to the United 
                States under this Act.
                    ``(B) Judicial review.--Any disagreement between an 
                eligible lessee and the Secretary regarding the amount 
                of royalty or rent forgiveness described in 
                subparagraph (A) shall be subject to judicial review.
    ``(e) Administration.--
            ``(1) Other sections of act.--Beginning on the date of 
        enactment of this section, other sections of this Act shall not 
        apply to--
                    ``(A) any area in which leasing is prohibited under 
                subsection (b);
                    ``(B) any area that is withdrawn under subsection 
                (c); or
                    ``(C) any area subject to a lease that is 
                relinquished under subsection (d).
            ``(2) Inventory.--The areas described in subparagraphs (A), 
        (B), and (C) of paragraph (1), as well as the areas currently 
        under moratorium in the outer Continental Shelf and the areas 
        protected by the document entitled `Memorandum on Withdrawal of 
        Certain Areas of the United States Outer Continental Shelf from 
        Leasing Disposition' (34 Weekly Comp. Pres. Doc. 1111, dated 
        June 12, 1998), shall not be subject to an inventory conducted 
        under section 357 of the Energy Policy Act of 2005 (42 U.S.C. 
        15912).
            ``(3) National marine sanctuary.--Nothing in this section 
        precludes the Secretary of Commerce, acting through the 
        Director of the National Marine Sanctuary Program, from 
        considering any portion of the Florida exclusion zone for 
        designation as a marine sanctuary under the Marine Protection, 
        Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) 
        (commonly known as the `Ocean Dumping Act').
            ``(4) Maintenance and repair of existing pipelines.--
        Nothing in this section precludes--
                    ``(A) the inspection, monitoring, or repair of pre-
                existing subsea oil and natural gas pipelines under 
                Federal law (including regulations) pertaining to 
                pipeline safety and environmental protection; or
                    ``(B) the replacement in situ of preexisting subsea 
                oil or natural gas pipelines under that Federal law.
            ``(5) Commercial and sport fishing.--Nothing in this 
        section affects any regulation or management of commercial or 
        sport fishing, or routine operation or transit of fishing or 
        recreational vessels, within the Florida exclusion zone.
            ``(6) Military activities.--Nothing in this section limits 
        any military ship, submarine, aircraft, or amphibious vessel 
        activity conducted as part of--
                    ``(A) military exercises;
                    ``(B) routine transit;
                    ``(C) military preparedness; or
                    ``(D) rescue operations.
    ``(f) Conditions for Leasing in Other Areas.--
            ``(1) In general.--With respect to Federal leasing on the 
        outer Continental Shelf in the areas described in paragraph 
        (2)--
                    ``(A) each individual lease sale shall be subject 
                to the review process under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), including 
                the completion of an environmental impact statement for 
                the lease sale; and
                    ``(B) all pre-lease and leasing activities shall 
                proceed only if best available and safest technologies, 
                as described in 21(b), are required for all phases of 
                operations.
            ``(2) Description of areas.--The areas referred to in 
        paragraph (1) are areas on the outer Continental Shelf that--
                    ``(A) are not specifically covered by this Act; and
                    ``(B)(i) are not located within the protected 
                waters of the Florida Exclusion Zone;
                    ``(ii) are not protected by the document entitled 
                `Memorandum on Withdrawal of Certain Areas of the 
                United States Outer Continental Shelf from Leasing 
                Disposition' (34 Weekly Comp. Pres. Doc. 1111, dated 
                June 12, 1998); or
                    ``(iii) are not located within any other federally 
                protected area.''.

SEC. 3. EXTENSION OF DEFERRAL.

    Notwithstanding the document entitled ``Memorandum on Withdrawal of 
Certain Areas of the United States Outer Continental Shelf from Leasing 
Disposition (34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998)'', 
the expiration date for the withdrawal of areas of the outer 
Continental Shelf described in the first paragraph of that Memorandum 
shall be extended until June 30, 2020.
                                 <all>