[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3147 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3147

  To authorize the State of Virginia to petition for authorization to 
conduct natural gas exploration and drilling activities in the coastal 
                           zone of the State.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2008

 Mr. Warner (for himself and Mr. Webb) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the State of Virginia to petition for authorization to 
conduct natural gas exploration and drilling activities in the coastal 
                           zone of the State.

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

SECTION 1. 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) Atlantic coastal state.--The term `Atlantic 
                Coastal State' means each of the States of Maine, New 
                Hampshire, Massachusetts, Connecticut, Rhode Island, 
                Delaware, New York, New Jersey, Maryland, Virginia, 
                North Carolina, South Carolina, Georgia, and Florida.
                    ``(B) Governor.--The term `Governor' means the 
                Governor of the State.
                    ``(C) 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.
                    ``(D) State.--The term `State' means the State of 
                Virginia.
            ``(2) Petition.--
                    ``(A) In general.--The Governor may submit to the 
                Secretary--
                            ``(i) a petition requesting that the 
                        Secretary issue leases authorizing the conduct 
                        of natural gas exploration activities only to 
                        ascertain the presence or absence of a natural 
                        gas reserve in any area that is at least 50 
                        miles beyond the coastal zone of the State; and
                            ``(ii) if a petition for exploration by the 
                        State described in clause (i) has been approved 
                        in accordance with paragraph (3) and the 
                        geological finding of the exploration justifies 
                        extraction, a second petition requesting that 
                        the Secretary issue leases authorizing the 
                        conduct of natural gas 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 subsequent extraction 
                activities, as applicable.
            ``(3) Action by secretary.--
                    ``(A) In general.--Subject to subparagraph (F), 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.--The Secretary 
                shall not approve a petition submitted under paragraph 
                (2)(A)(i) unless the State legislature has enacted 
                legislation supporting exploration for natural gas in 
                the coastal zone of the State.
                    ``(C) Requirements for extraction.--The Secretary 
                shall not approve a petition submitted under paragraph 
                (2)(A)(ii) unless the State legislature has enacted 
                legislation supporting extraction for natural gas in 
                the coastal zone of the State.
                    ``(D) Consistency with legislation.--The plan 
                provided in the petition under paragraph (2)(B) shall 
                be consistent with the legislation described in 
                subparagraph (B) or (C), as applicable.
                    ``(E) Comments from atlantic coastal states.--On 
                receipt of a petition under paragraph (2), the 
                Secretary shall--
                            ``(i) provide Atlantic Coastal States with 
                        an opportunity to provide to the Secretary 
                        comments on the petition; and
                            ``(ii) take into consideration, but not be 
                        bound by, any comments received under clause 
                        (i).
                    ``(F) Conflicts with military operations.--The 
                Secretary shall not approve a petition for a drilling 
                activity under this paragraph if the drilling activity 
                would conflict with any military operation, as 
                determined by the Secretary of Defense.
            ``(4) Disposition of revenues.--Notwithstanding section 9, 
        for each applicable fiscal year, the Secretary of the Treasury 
        shall deposit--
                    ``(A) 50 percent of qualified revenues in a Clean 
                Energy Fund in the Treasury, which shall be established 
                by the Secretary; and
                    ``(B) 50 percent of qualified revenues in a special 
                account in the Treasury from which the Secretary shall 
                disburse--
                            ``(i) 75 percent to the State;
                            ``(ii) 12.5 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
                            ``(iii) 12.5 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.''.
                                 <all>