110 HR 6418 IH: DRILL NOW Act of 2008 U.S. House of Representatives 2008-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6418 IN THE HOUSE OF REPRESENTATIVES June 26, 2008 Mr. Poe (for himself, Mr. Boustany, Mr. Burton of Indiana, and Mr. Lamborn) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To achieve greater national energy independence by terminating longstanding moratoriums on the domestic production of offshore oil and natural gas and to authorize States to petition for authorization to conduct offshore oil and natural gas exploration and extraction in the coastal zone of their State.

1.

Short title

This Act may be cited as the Developing Resources Immediately and Long-Term through Leases on Our Nation’s Offshore Waters Act of 2008 or the DRILL NOW Act of 2008.

2.

Termination of laws prohibiting the spending of appropriated funds for Outer Continental Shelf leasing activities

All provisions of existing Federal law prohibiting the spending of appropriated funds to conduct oil and natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect.

3.

Revocation of existing Presidential withdrawals

All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, oil, and natural gas.

4.

Revocation of existing Presidential authority

All authorities given to the President with respect to the leasing of Federal submerged lands of the Outer Continental Shelf, given under section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked, except in the interest of national security.

5.

Availability of certain areas for leasing

Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: (q)

Availability of certain areas for leasing

(1)

Definitions

In this subsection: (A)

Governor

The term Governor means the Governor of a State. (B)

Qualified revenues

The term qualified revenues means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act for natural gas exploration and extraction activities authorized by the Secretary under this subsection. (2)

Petition

(A)

In general

The Governor may submit to the Secretary a petition requesting that the Secretary issue leases authorizing the conduct of oil and natural gas exploration and extraction activities in any area that is at least 50 miles beyond the coastal zone of the State. (B)

Contents

In any petition under subparagraph (A), the Governor shall include a detailed plan of the proposed exploration and extraction activities, as applicable. (3)

Action by secretary

(A)

In general

Subject to subparagraph (D), as soon as practicable after the date of receipt of a petition under paragraph (2), the Secretary shall approve or deny the petition. (B)

Requirements for exploration and extraction

The Secretary shall not approve a petition submitted under paragraph (2)(A) unless the State enacts legislation supporting exploration and extraction of oil and natural gas in the coastal zone of the State. (C)

Consistency with legislation

The plan provided in the petition under paragraph (2)(B) shall be consistent with the legislation described in subparagraph (B) as applicable. (D)

Conflicts with military operations and national security

The Secretary shall not approve a petition for a drilling activity under this paragraph if the drilling activity would conflict with any military operation or national security, as determined by the President. (4)

Disposition of revenues

Notwithstanding section 9, for each applicable fiscal year, the Secretary of the Treasury shall deposit— (A)25 percent of qualified revenues in a Clean and Alternative Energy Fund in the Treasury, which shall be established by the Secretary; (B)25 percent of qualified revenues in the general fund of the Treasury; (C)37.5 percent of qualified revenues in a special account in the Treasury from which the Secretary shall disburse to the State; and (D)6.25 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 (E)6.25 percent to a reserve fund to be used to mitigate for any environmental damage that occurs as a result of extraction activities authorized under this subsection, regardless of whether the damage is— (i)reasonably foreseeable; or (ii)caused by negligence, natural disasters, or other acts. (5)

Existing leases

Any funds that would be received by the United States as royalties under any Federal oil and gas lease of an area on the outer Continental Shelf within 50 miles of the coastal zone of the State of Texas, Louisiana, Mississippi, or Alabama that is in effect on the date of enactment of the DRILL NOW Act of 2008 shall be paid to that State if the State enacts a statute that establishes a plan for expenditure of those funds. .