[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3438 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3438

  To require the Secretary of the Interior to implement the Proposed 
 Final Outer Continental Shelf Oil and Gas Leasing Program: 2012-2017 
  and conduct additional oil and gas lease sales to promote offshore 
   energy development in the United States for a more secure energy 
                    future, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2012

  Ms. Murkowski (for herself, Mr. Hoeven, Mr. Webb, Ms. Landrieu, Mr. 
   Inhofe, Mr. Warner, Mr. Barrasso, and Mr. Begich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of the Interior to implement the Proposed 
 Final Outer Continental Shelf Oil and Gas Leasing Program: 2012-2017 
  and conduct additional oil and gas lease sales to promote offshore 
   energy development in the United States for a more secure energy 
                    future, 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 ``Offshore Petroleum Expansion Now Act 
of 2012''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) OCS planning area.--The term ``OCS Planning Area'' 
        means an area specified as an Outer Continental Shelf Planning 
        Area by the Department of the Interior as of the date of the 
        enactment of this Act.
            (2) Proposed oil and gas leasing program: 2012-2017.--The 
        term ``Proposed Oil and Gas Leasing Program: 2012-2017'' means 
        the Proposed Final Outer Continental Shelf Oil and Gas Leasing 
        Program: 2012-2017 described in the notice of availability 
        published in the Federal Register on July 6, 2012 (77 Fed. Reg. 
        40080).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. REQUIREMENT TO IMPLEMENT PROPOSED OIL AND GAS LEASING PROGRAM: 
              2012-2017.

    (a) In General.--Except as otherwise provided in this Act, the 
Secretary shall implement the Proposed Oil and Gas Leasing Program: 
2012-2017 in accordance with the schedule for conducting oil and gas 
lease sales contained in the Proposed Oil and Gas Leasing Program: 
2012-2017, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
seq.), and other applicable law.
    (b) Modified and Additional Lease Sales.--Notwithstanding the 
schedule of lease sales in the Proposed Oil and Gas Leasing Program: 
2012-2017, the Secretary shall conduct under the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) oil and gas lease sales in OCS 
Planning Areas as specified in the following table, during the year 
specified in the table for each lease sale:


----------------------------------------------------------------------------------------------------------------
                  Lease Sale No.                              OCS Planning Area                     Year
----------------------------------------------------------------------------------------------------------------
212                                                Chukchi Sea............................                 2013
217                                                Beaufort Sea...........................                 2016
220                                                Mid-Atlantic...........................                 2013
221                                                Chukchi Sea............................                 2014
225                                                Eastern Gulf of Mexico.................                 2013
226                                                Eastern Gulf of Mexico.................                 2016
227                                                Central Gulf of Mexico.................                 2013
228                                                Southern California....................                 2014
229                                                Western Gulf of Mexico.................                 2012
230                                                Mid-Atlantic...........................                 2014
231                                                Central Gulf of Mexico.................                 2014
233                                                Western Gulf of Mexico.................                 2013
234                                                Eastern Gulf of Mexico.................                 2015
235                                                Central Gulf of Mexico.................                 2015
237                                                Chukchi Sea............................                 2016
238                                                Western Gulf of Mexico.................                 2014
241                                                Central Gulf of Mexico.................                 2016
242                                                Beaufort Sea...........................                 2014
243                                                Southern California....................                 2017
244                                                Cook Inlet.............................                 2013
245                                                Mid-Atlantic...........................                 2015
246                                                Western Gulf...........................                 2015
247                                                Central Gulf of Mexico.................                 2017
248                                                Western Gulf of Mexico.................                 2016
249                                                Southern California (existing                           2013
                                                    infrastructure sale)..................
250                                                Mid-Atlantic...........................                2017.
----------------------------------------------------------------------------------------------------------------

    (c) Lease Sales Described.--For purposes of subsection (b)--
            (1) lease sale numbers 225, 226, 227, 229, 231, 233, 235, 
        237, 238, 241, 242, 244, 246, 247, and 248 are lease sales 
        proposed in, and shall be conducted in accordance with, the 
        Proposed Oil and Gas Leasing Program: 2012-2017, except each 
        lease sale shall be conducted in the year specified for the 
        sale in the table under subsection (b);
            (2) lease sale numbers 212, 217, 220, 221, 228, 230, 234, 
        243, and 245 are sales proposed in, and shall be conducted in 
        accordance with, the Draft Proposed Outer Continental Shelf 
        (OCS) Oil and Gas Leasing Program 2010-2015 (January 2009), 
        except each lease sale shall be conducted in the year specified 
        for the sale in the table under subsection (b); and
            (3) lease sale number 250 shall be conducted--
                    (A) for lease tracts in the OCS Planning Area and 
                Mid-Atlantic OCS Planning Area, respectively, by and at 
                the discretion of the Secretary, subject to 
                subparagraph (C);
                    (B) in the year specified for the lease sale in the 
                table under subsection (b); and
                    (C) in accordance with the other provisions of this 
                Act.

SEC. 4. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.

    (a) In General.--In the case of lease sale number 249, the 
Secretary shall offer for sale leases of tracts in the Santa Maria and 
Santa Barbara or Ventura Basins of the Southern California OCS Planning 
Area as soon as practicable, but not later than December 31, 2013.
    (b) Use of Existing Structures or Onshore-Based Drilling.--The 
Secretary shall include in leases offered for sale under lease sale 
numbers 228, 243, and 249 such terms and conditions as are necessary to 
require that development and production may occur only from offshore 
infrastructure in existence on the date of the enactment of this Act or 
from onshore-based drilling unless, not later than 1 year after the 
date of the next scheduled Southern California lease sale, the Governor 
of the State of California requests the Secretary to conduct an area-
wide sale.

SEC. 5. REVISED MAP OF THE MID-ATLANTIC PLANNING AREA.

    (a) Definition of Mid-Atlantic State.--In this section, the term 
``Mid-Atlantic State'' means each of the States of Delaware, Maryland, 
North Carolina, and Virginia.
    (b) Revision of Map.--Subject to subsection (c), the Secretary 
shall revise the Bureau of Ocean Energy Management, Regulation and 
Enforcement map entitled ``Atlantic NAD 83 Federal Outer Continental 
Shelf (OCS) Administrative Boundaries'' and dated January 2010 to 
ensure that the square footage of the leasable area in the Mid-Atlantic 
planning area is directly proportional to the length of the tidal 
shoreline of the Mid-Atlantic States, as determined using the 
information on tidal shorelines provided in the document published by 
the National Oceanic and Atmospheric Administration entitled ``The 
Coastline of the United States'' and numbered NOAA/PA 71046 (1975).
    (c) Limitation.--Nothing in this section affects the boundary of 
Lease Sale 220.

SEC. 6. NATIONAL DEFENSE.

    (a) National Defense Areas.--This Act shall not affect the 
authority of the Secretary of Defense, with the approval of the 
President, to designate national defense areas on the outer Continental 
Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1341(d)).
    (b) Prohibition on Conflicts With Military Operations.--No person 
may engage in any exploration, development, or production of oil or 
natural gas on the Outer Continental Shelf under a lease issued under 
this Act that would conflict with any military operation, as determined 
in accordance with--
            (1) 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
            (2) 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 the exploration, development, or production 
        is conducted.

SEC. 7. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.

    (a) In General.--For purposes of this Act and to conduct lease 
sales in accordance with the lease sale schedule established by this 
Act, the Secretary shall prepare a multisale environmental impact 
statement under section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332) for all lease sales required under this Act that 
are not included in the Proposed Oil and Gas Leasing Program: 2012-
2017.
    (b) Actions To Be Considered.--Notwithstanding section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in the 
statement described in subsection (a)--
            (1) the Secretary is not required to identify nonleasing 
        alternative courses of action or to analyze the environmental 
        effects of alternative courses of action; and
            (2) the Secretary shall only--
                    (A) identify a preferred action for leasing and not 
                more than 1 alternative leasing proposal; and
                    (B) analyze the environmental effects and potential 
                mitigation measures for the preferred action and the 
                alternative leasing proposal.

SEC. 8. EASTERN GULF OF MEXICO PROTECTIONS.

    Nothing in this Act affects restrictions on oil and gas leasing 
under the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 
note; Public Law 109-432).

SEC. 9. AREA-WIDE LEASE SALES.

    Except as provided in sections 4, 6, and 8, and except as deferred 
under subsistence deferral in the Barrow vicinity under the Proposed 
Oil and Gas Leasing Program: 2012-2017, all lease sales conducted 
pursuant to this Act shall be area-wide lease sales.

SEC. 10. COASTAL STATE REVENUE SHARING FOR OUTER CONTINENTAL SHELF 
              ENERGY SOURCES.

    (a) In General.--
            (1) Fiscal years 2012 through 2022.--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 of fiscal years 2012 through 2022, the Secretary of the 
        Treasury shall deposit in a special account in the Treasury, 
        and the Secretary of the Interior shall disburse, 37.5 percent 
        of all revenues derived from all rentals, royalties, bonus 
        bids, and other sums due and payable to the United States from 
        outer Continental Shelf areas not scheduled for lease sale 
        under Proposed Oil and Gas Leasing Program: 2012-2017 to 
        coastal States and coastal political subdivisions in accordance 
        with subsection (b).
            (2) Subsequent fiscal years.--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 fiscal 
        year 2023 and each subsequent fiscal year, the Secretary of the 
        Treasury shall deposit in a special account in the Treasury, 
        and the Secretary of the Interior shall disburse, 37.5 percent 
        of all revenues derived from all rentals, royalties, bonus 
        bids, and other sums due and payable to the United States from 
        outer Continental Shelf areas to coastal States and coastal 
        political subdivisions in accordance with subsection (b).
    (b) Allocation Among Coastal States and Coastal Political 
Subdivisions.--
            (1) In general.--Subject to paragraph (2), for each fiscal 
        year, the amount made available under subsection (a) from any 
        lease shall be allocated to each coastal 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 coastal State that 
        is closest to the geographic center of the applicable leased 
        tract and the geographic center of the leased tract.
            (2) Payments to coastal political subdivisions.--
                    (A) In general.--The Secretary shall pay 25 percent 
                of the allocable share of each coastal State, as 
                determined under paragraph (1), to the coastal 
                political subdivisions of the coastal State.
                    (B) Allocation.--The amount paid by the Secretary 
                to coastal political subdivisions shall be allocated to 
                each coastal political subdivision in accordance with 
                subparagraphs (B), (C), and (E) of section 31(b)(4) of 
                the Outer Continental Shelf Lands Act (43 U.S.C. 
                1356a(b)(4)).
    (c) Administration.--The Secretary shall ensure that revenues from 
all sources of renewable and nonrenewable energy leased and produced 
from any outer Continental Shelf area are distributed among coastal 
States and coastal political subdivisions in accordance with this 
section.
    (d) Additional Revenues.--Revenues made available to coastal States 
and coastal political subdivisions under this section shall be in 
addition to any revenues made available to Gulf producing States and 
political subdivisions under the Gulf of Mexico Energy Security Act of 
2006 (43 U.S.C. 1331 note; Public Law 109-432).
    (e) Repeal of Limitations on Amount of Distributed Qualified Outer 
Continental Shelf Revenues.--
            (1) In general.--Section 105 of the Gulf of Mexico Energy 
        Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) 
        is amended by striking subsection (f).
            (2) Effective date.--The amendment made by paragraph (1) 
        takes effect on the date that is 10 years after the date of 
        enactment of this Act.
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