1.This Act may be cited as the
Domestic Energy Security Act of
2009
.
2.
Moratorium of oil and gas leasing in certain areas of the Gulf of
Mexico
(a)Section
104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note;
Public Law 109–432) is amended—
(1)by striking
subsection (a) and inserting the following:
(a)Except as provided in subsection (d), effective during
the period beginning on the date of enactment of this Act and ending on June
30, 2022, the Secretary shall not offer for leasing, preleasing, or any related
activity in the Eastern Planning Area that is within 45 miles of the coastline
of the State of Florida.
; and
(2)by adding at the
end the following:
(d)
(1)In
this paragraph:
(A)The term Destin Dome Area
means the area in
the Central and Eastern Planning Areas of the outer Continental Shelf
identified as Destin Dome (NH16–08)
in the document entitled
MMS Gulf of Mexico Region Planning Areas and Active Leases
and
dated May 14, 2009.
(B)The term Pensacola Area
means the area in the
Central and Eastern Planning Areas of the outer Continental Shelf identified as
Pensacola (NH16–05)
in the document entitled MMS Gulf of
Mexico Region Planning Areas and Active Leases
and dated May 14,
2009.
(2)The Secretary may offer for leasing any area in the Destin
Dome Area or the Pensacola Area.
.
(b)Section 12(d) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1341(d)) is amended—
(1)by striking
The United States
and inserting the following:
(1)The United States
;
and
(2)by adding at the
end the following:
(2)Annually,
the Secretary of Defense shall—
(A)review the areas
of the outer Continental Shelf that have been designated as restricted from
exploration and operation to determine whether the areas should remain under
restriction; and
(B)based on the
review under subparagraph (A), make recommendations to the
President.
.
(c)Leasing of
moratorium areas
(1)As soon as practicable after the date of enactment of
this Act, the Secretary may offer for leasing under the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.), any areas made available for leasing as a
result of the amendments made by subsection (a).
(2)Notwithstanding
the omission of any areas made available for leasing under paragraph (1) from
the applicable 5-year plan developed by the Secretary pursuant to section 18 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary may, as
soon as practicable after the date of enactment of this Act, amend the
applicable plan to include the areas.
(d)Disposition of
qualified outer Continental Shelf revenues from moratorium areas
(1)In
this subsection:
(A)The term Gulf producing State means each of
the States of Alabama, Florida, Louisiana, Mississippi, and Texas.
(B)Qualified outer
Continental Shelf revenuesThe term qualified outer
Continental Shelf 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 any areas made available as a
result of the amendments made by subsection (a).
(2)Notwithstanding
section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject
to the other provisions of his subsection, for each fiscal year, the Secretary
of the Treasury shall deposit 37.5 percent of qualified outer Continental Shelf
revenues in a special account in the Treasury from which the Secretary shall
disburse 100 percent to Gulf producing States in accordance with paragraph
(3).
(3)Effective
for fiscal year 2010 and each subsequent fiscal year, the amount made available
under paragraph (2) shall be allocated to each Gulf producing State in amounts
(based on a formula established by the Secretary by regulation) that are
inversely proportional to the respective distances between the point on the
coastline of each Gulf producing State that is closest to the geographic center
of the applicable leased tract and the geographic center of the leased
tract.
(4)Section 105(f)(2) of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended by striking
from any area
and inserting “from—
(A)any area in the
Central and Eastern Planning Areas of the outer Continental Shelf identified as
2022 Moratoria Area
in the document entitled P.L.
109–432
and dated December 20, 2006; and
(B)any
area
.
(e)Section 105 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109–54;
119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432)) is amended by
inserting and any other area that the Secretary of the Interior may
offer for leasing, preleasing, or any related activity under section 104 of
that Act
after 2006)
.
3.Revenue sharing
from outer Continental Shelf areas in certain coastal StatesSection 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) is amended by adding at the end the
following:
(i)Revenue sharing
from outer Continental Shelf areas in certain coastal States
(1)In
this subsection through subsection (j):
(A)Coastal
political subdivisionThe term coastal political
subdivision of a coastal State means a county-equivalent subdivision of
a coastal State all or part of which—
(i)lies within the
coastal zone (as defined in section 304 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453); and
(ii)the closest
point of which is not more than 300 statute miles from the geographic center of
any leased tract.
(B)The term coastal State means a State with a
coastal seaward boundary within 300 statute miles distance of the geographic
center of a leased tract in an Outer Continental Shelf planning area
that—
(i)as of January 1,
2000, had no oil or natural gas production; and
(ii)is not a Gulf
producing State (as defined in section 102 of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432)).
(C)The
terms distance and distances mean minimum great
circle distance and distances, respectively.
(D)The term leased tract means a tract leased
under this Act for the purpose of drilling for, developing, and producing oil
or natural gas resources.
(E)Outer
Continental Shelf areaThe term outer Continental Shelf
area means—
(i)any area
withdrawn from disposition by leasing by the Memorandum on Withdrawal of
Certain Areas of the United States Outer Continental Shelf from Leasing
Disposition
, from 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998;
or
(ii)any area of the
outer Continental Shelf as to which Congress has denied the use of appropriated
funds or other means for preleasing, leasing, or related activities.
(F)The term Southeastern State means each of the
States of Georgia, North Carolina, South Carolina, and Virginia.
(2)If the Governor or the Legislature of a coastal State
requests the Secretary to allow leasing in an outer Continental Shelf area and
the Secretary allows the leasing, in addition to any bonus bids, the coastal
State shall, without further appropriation or action, receive, from leasing of
the area, 37.5 percent of—
(A)any lease rental
payments;
(B)any lease royalty
payments;
(C)any royalty
proceeds from a sale of royalties taken in kind by the Secretary; and
(D)any other
revenues from a bidding system under section 8.
(3)Allocation
among coastal political subdivisions of States
(A)The Secretary shall pay 20 percent of the allocable share
of each coastal State, as determined under this subsection, directly to certain
coastal political subdivisions of the coastal State.
(B)
(i)For each leased tract used to calculate the allocation of
a coastal State, the Secretary shall pay the coastal political subdivisions
within 300 miles of the geographic center of the leased tract based on the
relative distance of such coastal political subdivisions from the leased tract
in accordance with this subparagraph.
(ii)For
each coastal political subdivision described in clause (i), the Secretary shall
determine the distance between the point on the coastal political subdivision
coastline closest to the geographic center of the leased tract and the
geographic center of the tract.
(iii)The
Secretary shall divide and allocate the qualified Outer Continental Shelf
revenues derived from the leased tract among coastal political subdivisions
described in clause (i) in amounts that are inversely proportional to the
applicable distances determined under clause (ii).
(4)After making distributions under paragraphs (1) and (2)
and section 31, the Secretary shall, without further appropriation or action,
distribute a conservation royalty equal to 12.5 percent of Federal royalty
revenues derived from an area leased under this section from all areas leased
under this section for any year, into the land and water conservation fund
established under section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5) to provide
financial assistance to States under section 6 of that Act (16 U.S.C.
460l–8).
(5)
(A)After making distributions in accordance with paragraphs
(1) and (2) and in accordance with section 31, the Secretary shall, without
further appropriation or action, distribute an amount equal to 50 percent of
Federal royalty revenues derived from all areas leased under this section for
any year, into direct Federal deficit reduction.
(B)Any amounts distributed into direct Federal deficit
reduction under this paragraph shall not be included for purposes determining
budget levels under section 201 of S. Con. Res. 21 (110th
Congress).
.
4.Revenue sharing
from areas in Alaska Adjacent zoneSection 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) (as amended by section 3) is amended by adding at
the end the following:
(j)Revenue Sharing
From Areas in Alaska Adjacent Zone
(1)Except as provided in paragraph (2), effective beginning
on the date that is 5 years after the date of enactment of this subsection,
revenues from production that derives from an area in the Alaska Adjacent Zone
shall be distributed in the same proportion and for the same uses as provided
in subsection (i).
(2)Allocation
among Regional Corporations
(A)The Secretary shall pay 33 percent of any allocable share
of the State of Alaska, as determined under this section, directly to certain
Regional Corporations established under section 7(a) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1606(a)).
(B)
(i)For each leased tract used to calculate the allocation of
the State of Alaska, the Secretary shall pay the Regional Corporations, after
determining those Native villages within the region of the Regional Corporation
which are within 300 miles of the geographic center of the leased tract based
on the relative distance of such villages from the leased tract, in accordance
with this paragraph.
(ii)For
each such village, the Secretary shall determine the distance between the point
in the village closest to the geographic center of the leased tract and the
geographic center of the tract.
(iii)The
Secretary shall divide and allocate the qualified Outer Continental Shelf
revenues derived from the leased tract among the qualifying Regional
Corporations in amounts that are inversely proportional to the distances of all
of the Native villages within each qualifying region.
(iv)All
revenues received by each Regional Corporation shall be—
(I)treated by the
Regional Corporation as revenue subject to the distribution requirements of
section 7(i)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C.
1606(i)(1)(A)); and
(II)divided annually
by the Regional Corporation among all 12 Regional Corporations in accordance
with section 7(i) of that Act.
(v)A Regional Corporation receiving revenues under
clause (iv)(II) shall further distribute 50 percent of the revenues received in
accordance with section 7(j) of the Alaska Native Claims Settlement Act (43
U.S.C.
1606(j).
.
5.Production of
oil from certain arctic offshore leasesSection 5 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1334) is amended by adding at the end the
following:
(k)Oil
transportation in arctic watersThe Secretary shall—
(1)require that oil
produced from Federal leases in Arctic waters in the Chukchi Sea planning area,
Beaufort Sea planning area, or Hope Basin planning area be transported by
pipeline to onshore facilities; and
(2)provide for, and
issue appropriate permits for, the transportation of oil from Federal leases in
Arctic waters in preproduction phases (including exploration) by means other
than
pipeline.
.
6.Authorization of
activities and exports involving hydrocarbon resources
(a)In
this section, the term United States person means—
(1)any United States
citizen or alien lawfully admitted for permanent residence in the United
States; and
(2)any person other
than an individual, if 1 or more individuals described in paragraph (1) own or
control at least 51 percent of the securities or other equity interest in the
person.
(b)Notwithstanding
any other provision of law (including a regulation), United States persons
(including agents and affiliates of those United States persons) may—
(1)engage in any
transaction necessary for the exploration for and extraction of hydrocarbon
resources from any portion of any foreign exclusive economic zone that is
contiguous to the exclusive economic zone of the United States; and
(2)export without
license authority all equipment necessary for the exploration for or extraction
of hydrocarbon resources described in paragraph (1).
7.Travel in
connection with authorized hydrocarbon exploration and extraction
activitiesSection 910 of the
Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is
amended by adding at the end the following:
(c)General License
Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon
Exploration and Extraction Activities
(1)The Secretary of the Treasury shall authorize under a
general license the travel-related transactions listed in section 515.560(c) of
title 31, Code of Federal Regulations, for travel to, from, or within Cuba in
connection with exploration for and the extraction of hydrocarbon resources in
any part of a foreign maritime Exclusive Economic Zone that is contiguous to
the United States' Exclusive Economic Zone.
(2)Persons authorized to travel to Cuba under this
section include full-time employees, executives, agents, and consultants of oil
and gas producers, distributors, and
shippers.
.