[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3882 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3882

     To require inclusion of Lease Sale 220 in the proposed Outer 
Continental Shelf oil and gas leasing program for the 2012-2017 period, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2012

Mr. Rigell (for himself, Mr. Wittman, Mr. Hurt, Mr. Goodlatte, and Mr. 
Griffith of Virginia) introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To require inclusion of Lease Sale 220 in the proposed Outer 
Continental Shelf oil and gas leasing program for the 2012-2017 period, 
                        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 ``Mid-Atlantic Energy and Jobs Act of 
2012''.

SEC. 2. LEASE SALE 220 AND OTHER LEASE SALES IN THE MID-ATLANTIC 
              PLANNING AREA.

    (a) Inclusion in Leasing Programs.--The Secretary of the Interior 
shall--
            (1) upon enactment of this Act, revise the proposed Outer 
        Continental Shelf oil and gas leasing program for the 2012-2017 
        period to include in such program Lease Sale 220 off the coast 
        of Virginia; and
            (2) include the Outer Continental Shelf off the coast of 
        Virginia in the leasing program for each 5-year period after 
        the 2012-2017 period.
    (b) Conduct of Lease Sales.--As soon as practicable, but not later 
than 1 year after the date of enactment of this Act, the Secretary of 
the Interior shall carry out under section 8 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337)--
            (1) Lease Sale 220; and
            (2) lease sales for any other areas of the Outer 
        Continental Shelf that are included in the Mid-Atlantic 
        planning area as a result of the map revision required under 
        section 5.

SEC. 3. PROTECTION OF MILITARY OPERATIONS.

    (a) Prohibition.--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.
    (b) Review and Updating of MOA.--The Secretary of the Interior and 
the Secretary of Defense shall periodically review and revise such 
memorandum of agreement to account for new offshore energy production 
technologies, including those that use wind energy.

SEC. 4. REVENUE SHARING.

    (a) In General.--Notwithstanding section 9 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of 
this section, for each applicable fiscal year, the Secretary of the 
Treasury shall deposit--
            (1) 50 percent of any qualified revenues in the general 
        fund of the Treasury; and
            (2) 50 percent of any qualified revenues in a special 
        account in the Treasury for use in accordance with subsection 
        (b).
    (b) Disposition of Revenues to State.--Of the qualified revenues 
deposited under subsection (a)(2)--
            (1) 75 percent shall be disbursed to the Mid-Atlantic State 
        from the administrative planning area of which the qualified 
        revenues were generated, based on the map referred to in 
        section 5 (as revised under that section, except as provided in 
        section 5(b)); and
            (2) 25 percent shall be used, at the discretion of the 
        Governor of such State--
                    (A) for environmental cleanup and restoration 
                purposes within that State; and
                    (B) to enhance the ability of the public to access 
                public lands within that State.
    (c) Definitions.--In this section--
            (1) the term ``Mid-Atlantic State'' means each of the 
        States of Delaware, North Carolina, Maryland, and Virginia; and
            (2) the term ``qualified revenues'' means bonus bids, 
        rental payments, and royalties received by the United States 
        for leases of areas of the Outer Continental Shelf off the 
        coast of a Mid-Atlantic State for exploration, development, and 
        production of oil and gas or wind power.

SEC. 5. OCS ADMINISTRATIVE PLANNING AREAS MID-ATLANTIC STATES.

    (a) Revision of Map.--Subject to subsection (b), the Secretary of 
the Interior, acting through the Bureau of Ocean Energy Management, 
shall revise the map entitled ``Atlantic NAD 83 Federal Outer 
Continental Shelf (OCS) Administrative Boundaries'' and dated January 
2010, to make the best effort to ensure that the northern and southern 
boundaries of the Outer Continental Shelf administrative planning area 
of each Mid-Atlantic State extends from the coastal shoreline at the 
northern and southern borders, respectively, of such State to the outer 
boundary of the Exclusive Economic Zone.
    (b) Limitation.--Nothing in this section affects any administrative 
planning area for purposes of Lease Sale 220.
    (c) Definition of Mid-Atlantic State.--In this section, the term 
``Mid-Atlantic State'' means each of the States of Delaware, North 
Carolina, Maryland, and Virginia.

SEC. 6. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS.

    (a) Offshore Meteorological Project Permitting.--
            (1) In general.--The Secretary of the Interior shall by 
        regulation require that any applicant seeking to conduct an 
        offshore meteorological site testing and monitoring project on 
        the outer Continental Shelf (as that term is defined in the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) 
        must obtain a permit and right of way for the project in 
        accordance with this subsection.
            (2) Permit and right-of-way timeline and conditions.--
                    (A) Deadline for approval.--The Secretary shall 
                decide whether to issue a permit and right of way for 
                an offshore meteorological site testing and monitoring 
                project within 30 days after receiving an application.
                    (B) Public comment and consultation.--During the 
                period referred to in subparagraph (A), the Secretary 
                shall--
                            (i) provide an opportunity for submission 
                        of comments by the public; and
                            (ii) consult with the Secretary of Defense, 
                        the Commandant of the Coast Guard, and the 
                        heads of other Federal, State, and local 
                        agencies that would be affected by issuance of 
                        the permit and right of way.
                    (C) Denial of permit; opportunity to remedy 
                deficiencies.--If the application is denied, the 
                Secretary shall provide the applicant--
                            (i) in writing, clear and comprehensive 
                        reasons why the application was not approved 
                        and detailed information concerning any 
                        deficiencies in the application; and
                            (ii) an opportunity to remedy such 
                        deficiencies.
    (b) NEPA Exclusion.--Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply 
with respect to an offshore meteorological site testing and monitoring 
project.
    (c) Protection of Information.--The information provided to the 
Secretary of the Interior pursuant to subsection (d)(3) shall be 
treated by the Secretary as proprietary information and protected 
against disclosure.
    (d) Definition of an Offshore Meteorological Site Testing and 
Monitoring Project.--In this section, the term ``offshore 
meteorological site testing and monitoring project'' means a project 
carried out on or in the waters of the Outer Continental Shelf 
administered by the Department of the Interior to test or monitor 
weather (including wind, tidal, current, and solar energy) using 
towers, buoys, or other temporary ocean infrastructure, that--
            (1) causes--
                    (A) less than 1 acre of surface or seafloor 
                disruption at the location of each meteorological tower 
                or other device; and
                    (B) not more than 5 acres of surface or seafloor 
                disruption within the proposed area affected by for the 
                project (including hazards to navigation);
            (2) is decommissioned not more than 5 years after the date 
        of commencement of the project, including--
                    (A) removal of towers, buoys, or other temporary 
                ocean infrastructure from the project site; and
                    (B) restoration of the project site to 
                approximately the original condition of the site; and
            (3) provides meteorological information obtained by the 
        project to the Secretary of the Interior.
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