II 109th CONGRESS 2d Session S. 3985 IN THE SENATE OF THE UNITED STATES September 28, 2006 Ms. Landrieu introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote the recovery of oil and gas revenues on the Outer Continental Shelf, and for other purposes.

1.

Short title

This Act may be cited as the Outer Continental Shelf Royalty Reform and Enhancement Act of 2006.

2.

Definitions

In this Act: (1)

Gulf producing State

The term Gulf producing State means each of the States of Alabama, Louisiana, Mississippi, and Texas. (2)

Qualified outer Continental Shelf revenues

(A)

In general

The term qualified outer Continental Shelf revenues means all rentals, royalties, bonus bids, and other sums due and payable to the United States under section 5. (B)

Exclusions

The term qualified outer Continental Shelf revenues does not include— (i)revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or (ii)revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)). (3)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Price threshold requirement for future leases

Notwithstanding any other provision of law, the Secretary shall place limitations based on market price on the royalty relief granted under any lease for the production of oil or natural gas entered into on or after the date of enactment of this Act.

4.

Clarification of authority to impose price thresholds for certain lease sales

Congress reaffirms the authority of the Secretary under section 8(a)(1)(H) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)(H)) to vary, based on the price of production from a lease, the suspension of royalties under any lease subject to section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104–58).

5.

Recovery of revenue from leases without price thresholds

(a)

Offer To amend payment responsibilities

(1)

In general

The Secretary shall offer to enter into written agreements to amend the payment responsibilities under each lease entered into by the Secretary that— (A)authorizes the production of oil or natural gas on the Outer Continental Shelf; (B)provides for relief from the payment of royalties; and (C)does not provide for the suspension of the relief based on an increase in the price of oil or natural gas, respectively, above specified thresholds. (2)

Offers

Not later than 30 days after the date of enactment of this Act, the Secretary shall provide each lessee that has entered into a lease described in paragraph (1) with a separate written offer to amend the payment responsibilities of the lessee under the lease. (3)

Multiple lessees

In carrying out this subsection, if multiple persons own a share of the lease, the Secretary may enter into a separate agreement with each person that reflects the respective interest of the person in the lease. (4)

Price thresholds

The offer shall propose imposing price thresholds beginning in the calendar year in which the offer is accepted at a level that is consistent with the price thresholds contained in outer Continental Shelf leases that contained price thresholds that were entered into for calendar years 1996, 1997, and 2000. (b)

Increased royalty rates

In addition to the authority provided under subsection (a), the Secretary may increase the royalty rate on all leases entered into by the Secretary on or after the date of enactment of this Act for the production of oil or natural gas on the outer Continental Shelf to a rate that is necessary to recover the revenues lost from leases described in subsection (a)(1) in an amount that (in conjunction with written agreements entered into under subsection (a)) is sufficient to recover $12,000,000,000 during the period of fiscal years 2007 through 2018.

6.

Disposition of recovered qualified outer Continental Shelf revenues

(a)

In general

Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for each applicable fiscal year, the Secretary of the Treasury shall deposit— (1)50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury, to be disbursed to Gulf producing States by the Secretary in a manner consistent with section 31(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)), as determined by the Secretary; (2)121/2 percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l–5); and (3)371/2 percent of qualified outer Continental Shelf revenues in the general fund of the Treasury, to be used for deficit reduction. (b)

Timing

The amounts required to be deposited under paragraphs (1) and (2) of subsection (a) for the applicable fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately following the applicable fiscal year. (c)

Administration

Amounts made available under paragraphs (1) and (2) of subsection (a) shall— (1)be made available, without further appropriation, in accordance with this section; (2)remain available until expended; and (3)be in addition to any amounts appropriated under— (A)the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); (B)the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.); or (C)any other provision of law.

7.

Federal guarantee of State bond

The Secretary shall guarantee the repayment of a bond issued by the State of Louisiana for constructing and carrying out coastal wetland restoration projects and related storm protection infrastructure (to be repaid using qualified outer Continental Shelf revenues received by the State for fiscal years 2017 through 2027) in an amount equal to 100 percent of the outstanding principal of the bond, on a determination by the Secretary that— (1)the amount of the bond does not exceed 80 percent of the estimated amount of qualified outer Continental Shelf revenues the State will receive for fiscal years 2017 through 2027; (2)the funds will be used in accordance with a plan submitted by the State; and (3)the bond is in a registered form and contains appropriate legal guarantees for repayment using qualified Outer Continental shelf revenues for fiscal years 2017 through 2027.