[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3410 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3410
To require the Secretary of the Interior to conduct certain offshore
oil and gas lease sales, to provide fair and equitable revenue sharing
for all coastal States, to formulate future offshore energy development
plans in areas with the most potential, to generate revenue for
American infrastructure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2011
Mr. Stivers (for himself, Mr. LaTourette, Mr. Tiberi, Mr. Fitzpatrick,
Mr. Gerlach, Mr. Womack, Mr. Reed, Mr. Johnson of Ohio, and Mr. Meehan)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to conduct certain offshore
oil and gas lease sales, to provide fair and equitable revenue sharing
for all coastal States, to formulate future offshore energy development
plans in areas with the most potential, to generate revenue for
American infrastructure, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Security and Transportation
Jobs Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--EXPANDING OFFSHORE ENERGY DEVELOPMENT
Sec. 101. Outer Continental Shelf leasing program.
Sec. 102. Domestic oil and natural gas production goal.
TITLE II--CONDUCTING PROMPT OFFSHORE LEASE SALES
Sec. 201. Requirement to conduct proposed oil and gas Lease Sale 216 in
the Central Gulf of Mexico.
Sec. 202. Requirement to conduct proposed oil and gas Lease Sale 220 on
the Outer Continental Shelf offshore
Virginia.
Sec. 203. Requirement to conduct proposed oil and gas Lease Sale 222 in
the Central Gulf of Mexico.
Sec. 204. Additional leases.
Sec. 205. Definitions.
TITLE III--LEASING IN NEW OFFSHORE AREAS
Sec. 301. Leasing in the Eastern Gulf of Mexico.
Sec. 302. Leasing offshore of territories of the United States.
TITLE IV--OUTER CONTINENTAL SHELF REVENUE SHARING
Sec. 401. Disposition of Outer Continental Shelf revenues.
TITLE I--EXPANDING OFFSHORE ENERGY DEVELOPMENT
SEC. 101. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(a)) is amended by adding at the end the following:
``(5)(A) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing and
conduct lease sales including--
``(i) at least 50 percent of the available unleased
acreage within each outer Continental Shelf planning
area considered to have the largest undiscovered,
technically recoverable oil and gas resources (on a
total btu basis) based upon the most recent national
geologic assessment of the outer Continental Shelf,
with an emphasis on offering the most geologically
prospective parts of the planning area; and
``(ii) any State subdivision of an outer
Continental Shelf planning area that the Governor of
the State that represents that subdivision requests be
made available for leasing.
``(B) In this paragraph the term `available unleased
acreage' means that portion of the outer Continental Shelf that
is not under lease at the time of a proposed lease sale, and
that has not otherwise been made unavailable for leasing by
law.
``(6)(A) In the 2012-2017 5-year oil and gas leasing
program, the Secretary shall make available for leasing any
outer Continental Shelf planning areas that--
``(i) are estimated to contain more than
2,500,000,000 barrels of oil; or
``(ii) are estimated to contain more than
7,500,000,000,000 cubic feet of natural gas.
``(B) To determine the planning areas described in
subparagraph (A), the Secretary shall use the document entitled
`Minerals Management Service Assessment of Undiscovered
Technically Recoverable Oil and Gas Resources of the Nation's
Outer Continental Shelf, 2006'.''.
SEC. 102. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.
Section 18(b) of the Outer Continental Shelf Lands Act (43 U.S.C.
1344(b)) is amended to read as follows:
``(b) Domestic Oil and Natural Gas Production Goal.---
``(1) In general.--In developing a 5-year oil and gas
leasing program, and subject to paragraph (2), the Secretary
shall determine a domestic strategic production goal for the
development of oil and natural gas as a result of that program.
Such goal shall be--
``(A) the best estimate of the possible increase in
domestic production of oil and natural gas from the
outer Continental Shelf;
``(B) focused on meeting domestic demand for oil
and natural gas and reducing the dependence of the
United States on foreign energy; and
``(C) focused on the production increases achieved
by the leasing program at the end of the 15-year period
beginning on the effective date of the program.
``(2) 2012-2017 program goal.--For purposes of the 2012-
2017 5-year oil and gas leasing program, the production goal
referred to in paragraph (1) shall be an increase by 2027 of--
``(A) no less than 3,000,000 barrels in the amount
of oil produced per day; and
``(B) no less than 10,000,000,000 cubic feet in the
amount of natural gas produced per day.
``(3) Reporting.--The Secretary shall report annually,
beginning at the end of the 5-year period for which the program
applies, to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on the progress of the program in
meeting the production goal. The Secretary shall identify in
the report projections for production and any problems with
leasing, permitting, or production that will prevent meeting
the goal.''.
TITLE II--CONDUCTING PROMPT OFFSHORE LEASE SALES
SEC. 201. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 216 IN
THE CENTRAL GULF OF MEXICO.
(a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 216 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) as soon as practicable,
but not later than 4 months after the date of enactment of this Act.
(b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5 Year OUTER
CONTINENTAL SHELF Plan and the Multi-Sale Environmental Impact
Statement are deemed to satisfy the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 202. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON
THE OUTER CONTINENTAL SHELF OFFSHORE VIRGINIA.
(a) In General.--Notwithstanding the inclusion of Lease Sale 220 in
the fiscal years 2012 through fiscal year 2017 5 Year Outer Continental
Shelf Oil and Gas Leasing Program, the Secretary shall conduct offshore
oil and gas Lease Sale 220 under section 8 of the Outer Continental
Shelf Lands Act (33 U.S.C. 1337) as soon as practicable, but not later
than one year after the date of enactment of this Act.
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas off the coast of Virginia that would conflict with any
military operation, as determined in accordance with the Memorandum of
Agreement between the Department of Defense and the Department of the
Interior on Mutual Concerns on the Outer Continental Shelf signed July
20, 1983, and any revision or replacement for that agreement that is
agreed to by the Secretary of Defense and the Secretary of the Interior
after that date but before the date of issuance of the lease under
which such exploration, development, or production is conducted.
SEC. 203. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 222 IN
THE CENTRAL GULF OF MEXICO.
(a) In General.--The Secretary shall conduct offshore oil and gas
Lease Sale 222 under section 8 of the Outer Continental Shelf Lands Act
(33 U.S.C. 1337) as soon as practicable, but not later than September
1, 2012.
(b) Environmental Review.--For the purposes of that lease sale, the
Environmental Impact Statement for the 2007-2012 5 Year OUTER
CONTINENTAL SHELF Plan and the Multi-Sale Environmental Impact
Statement are deemed to satisfy the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 204. ADDITIONAL LEASES.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended by adding at the end the following:
``(i) Additional Lease Sales.--In addition to lease sales in
accordance with a leasing program in effect under this section, the
Secretary may hold lease sales for areas identified by the Secretary to
have the greatest potential for new oil and gas development as a result
of local support, new seismic findings, or nomination by interested
persons.''.
SEC. 205. DEFINITIONS.
In this title:
(1) The term ``Environmental Impact Statement for the 2007-
2012 5 Year OUTER CONTINENTAL SHELF Plan'' means the Final
Environmental Impact Statement for Outer Continental Shelf Oil
and Gas Leasing Program: 2007-2012 (April 2007) prepared by the
Secretary.
(2) The term ``Multi-Sale Environmental Impact Statement''
means the Environmental Impact Statement for Proposed Western
Gulf of Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease Sales
204, 207, 210, 215, and 218, and Proposed Central Gulf of
Mexico OUTER CONTINENTAL SHELF Oil and Gas Lease Sales 205,
206, 208, 213, 216, and 222 (September 2008) prepared by the
Secretary.
(3) The term ``Secretary'' means the Secretary of the
Interior.
TITLE III--LEASING IN NEW OFFSHORE AREAS
SEC. 301. LEASING IN THE EASTERN GULF OF MEXICO.
Section 104 of division C of the Tax Relief and Health Care Act of
2006 (Public Law 109-432; 120 Stat. 3003) is repealed.
SEC. 302. LEASING OFFSHORE OF TERRITORIES OF THE UNITED STATES.
Section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1331) is amended, by inserting after ``control'' the following: ``or
lying within the United States' exclusive economic zone and the
Continental Shelf adjacent to the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin Islands,
American Samoa, Guam, or the other territories of the United States''.
TITLE IV--OUTER CONTINENTAL SHELF REVENUE SHARING
SEC. 401. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended--
(1) in the existing text--
(A) in the first sentence, by striking ``All
rentals,'' and inserting the following:
``(c) Disposition of Revenue Under Old Leases.--All rentals,''; and
(B) in subsection (c) (as designated by the
amendment made by subparagraph (A) of this paragraph),
by striking ``for the period from June 5, 1950, to
date, and thereafter'' and inserting ``in the period
beginning June 5, 1950, and ending on the date of
enactment of the Energy Security and Transportation
Jobs Act'';
(2) by adding after subsection (c) (as so designated) the
following:
``(d) New Leasing Revenues Defined.--In this section the term `new
leasing revenues' means amounts received by the United States as
bonuses, rents, and royalties under leases for oil and gas, wind,
tidal, or other energy exploration, development, and production that
are awarded under this Act after the date of enactment of the Energy
Security and Transportation Jobs Act.''; and
(3) by inserting before subsection (c) (as so designated)
the following:
``(a) Payment of New Leasing Revenues to Coastal States,
Generally.--
``(1) In general.--Of the amount of new leasing revenues
received by the United States each fiscal year that is
described in paragraph (2), 37.5 percent shall be allocated and
paid in accordance with subsection (b) to coastal States that
are affected States with respect to the leases under which
those revenues are received by the United States.
``(2) Phase-in.--The amount of new leasing revenues
referred to in paragraph (1) is the sum determined by adding--
``(A) 35 percent of new leasing revenues received
by the United States in the fiscal year under--
``(i) leases awarded under the first
leasing program under section 18(a) that takes
effect after the date of enactment of the
Energy Security and Transportation Jobs Act;
and
``(ii) other leases issued as a result of
the enactment of that Act;
``(B) 70 percent of new leasing revenues received
by the United States in the fiscal year under leases
awarded under the second such leasing program; and
``(C) 100 percent of new leasing revenues received
by the United States under leases awarded under the
third such leasing program or any such leasing program
taking effect thereafter.
``(b) Allocation of Payments to Coastal States.--
``(1) In general.--The amount of new leasing revenues
received by the United States with respect to a leased tract
that are required to be paid to coastal States in accordance
with this subsection each fiscal year shall be allocated among
and paid to such States that are within 200 miles of the leased
tract, in amounts that are inversely proportional to the
respective distances between the point on the coastline of each
such State that is closest to the geographic center of the
lease tract, as determined by the Secretary.
``(2) Minimum and maximum allocation.--The amount allocated
to a coastal State under paragraph (1) each fiscal year with
respect to a leased tract shall be--
``(A) in the case of a coastal State that is the
nearest State to the geographic center of the leased
tract, not less than 25 percent of the total amounts
allocated with respect to the leased tract; and
``(B) in the case of any other coastal State, not
less than 10 percent, and not more than 15 percent, of
the total amounts allocated with respect to the leased
tract.
``(3) Administration.--Amounts allocated to a coastal State
under this subsection--
``(A) shall be available to the State without
further appropriation;
``(B) shall remain available until expended; and
``(C) shall be in addition to any other amounts
available to the State under this Act.
``(4) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), a coastal State may use funds
allocated and paid to it under this subsection for any
purpose as determined by State law.
``(B) Restriction on use for matching.--Funds
allocated and paid to a coastal State under this
subsection may not be used as matching funds for any
other Federal program.''.
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