I 112th CONGRESS 2d Session H. R. 3882 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.
1.
Short title
This Act may be cited as the Mid-Atlantic Energy and Jobs Act of 2012.
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.
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.
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.
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.
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.