I 111th CONGRESS 2d Session H. R. 4942 IN THE HOUSE OF REPRESENTATIVES March 25, 2010 Mr. Goodlatte (for himself, Mr. Wolf, Mr. Wittman, Mr. Nye, Mr. Cantor, Mr. Forbes, Mr. Boucher, and Mr. Perriello) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of the Interior to conduct proposed oil and gas Lease Sale 220 for areas of the outer Continental Shelf at least 50 miles beyond the coastal zone of Virginia, and for other purposes.

1.

Short title

This Act may be cited as the Virginia Access to Energy Act or the VA Energy Act.

2.

Requirement to conduct proposed oil and gas Lease Sale 220 on the OCS off Virginia

(a)

In general

The Secretary of the Interior shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act (33 U.S.C. 1337) by as soon as practicable, but not later than one year, after the date the Secretary receives a petition from the Governor requesting that the lease sale be conducted. (b)

Prohibition on leasing within 50 miles of the coastal zone

The Secretary shall not issue any lease under this Act for any tract located within 50 miles of the coastal zone of the State unless requested by the Governor. (c)

Prohibition on conflicts with military operations

The Secretary shall not make any tract available for leasing under this section if the Secretary of Defense determines that drilling activity on that tract would conflict with any military operation.

3.

Disposition of Revenues

(a)

Allocation, generally

Of the qualified revenues received by the United States each fiscal year— (1)50 percent shall be used for non-Federal purposes as provided in subsection (b); and (2)50 percent shall be used for Federal purposes as provided in subsection (c). (b)

Use for non-Federal purposes

(1)

In general

Of the qualified revenues referred to in subsection (a)(1)— (A)75 shall be paid to the State, without further appropriation; (B)12.5 percent— (i)shall be used, without further appropriation, to provide financial assistance to the State in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8); and (ii)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 (C)12.5 percent shall be deposited in a separate account in the Treasury that shall be used, without further appropriation, by the Secretary of the Interior, in consultation with the Governor, to mitigate for any environmental damage that occurs as a result of extraction activities authorized under oil and gas leases issued under this Act, regardless of whether the damage is— (i)reasonably foreseeable; or (ii)caused by negligence or a natural disaster. (2)

Use of payments to State

Amounts paid to the State under paragraph (1)(A) shall be used by the State for one or more of the following: (A)Education. (B)Transportation. (C)Reducing taxes. (D)Coastal and environmental restoration. (E)Energy infrastructure and projects. (F)State seismic monitoring programs. (G)Alternative energy development. (H)Energy efficiency and conservation. (I)Hurricane and natural disaster insurance programs. (c)

Use for Federal purposes

Of the qualified revenues referred to in subsection (a)(2)— (1)50 percent shall be applied solely to reduce the outstanding Federal debt; and (2)50 percent shall be deposited into the Alterative Energy Trust Fund established by section 4.

4.

Alternative Energy Trust Fund

(a)

Establishment

There is established in the Treasury a separate account that shall be known as the Alternative Energy Trust Fund. (b)

Contents

The account shall consist of amounts deposited into it under section 3(c)(2). (c)

Use

Amounts in the account may be used, without further appropriation, by the Secretary of Energy for making grants for the following: (1)Coal and related technologies program. (2)To improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, and other commercial purposes. (3)Solar and wind technologies. (4)Renewable energy. (5)Methane hydrate research. (6)Nuclear power loan guarantees. (7)Smart grid technology research, development, and demonstration.

5.

Definitions

In this Act: (1)

Coastal zone

The term coastal zone has the meaning that term has in the Outer Continental Shelf Lands Act (43 U.S.C. 1301 et seq.). (2)

Governor

The term Governor means the Governor of the State. (3)

Lease Sale 220

The term Lease Sale 220 means proposed OCS Oil and Gas Lease Sale 220 in the Mid-Atlantic OCS Planning Area in the area offshore the State, as included in the OCS Oil and Gas Leasing Program, 2007–2012. (4)

Qualified revenues

The term qualified revenues means all rentals, royalties, bonus bids, and other sums due and payable to the United States under leases issued under this Act. (5)

State

The term State means the State of Virginia.