S.Amdt. 1000
What it does: Rewrites page 12, line 16
Sen. Bill Nelson (D-FL)What it changes
1 change to H.R. 6
The Congressional Record cuts off the end of this amendment, so some changes may be missing.
Rewrites page 12, line 16
ReplacesPrinted pageRemoves page 12, line 16 of the printed bill. See that page
Inserted: (5) Moratoria opt out requirements.--Any State with a legislative outer Continental Shelf moratorium on leasing, pre-leasing, and related activities protecting Federal waters adjoining the coastline of the State through the congressional appropriations process as of January 1, 2002, may opt out of the moratorium after the date of enactment of the Energy Policy Act of 2005 with respect to any portion of the coastal waters of the State only with--
Inserted: (A) the explicit concurrence of the Governor of the State and the State legislature and the Governors and State legislatures of the 2 coastal States adjoining the State; and
Inserted: (B) the concurrence of the Regional Fishery Management Council with jurisdiction over the living marine resources in Federal waters adjacent to the affected State.
Inserted: (6) Use of funds.--
Inserted: (A) In general.--Notwithstanding any other provision of this subsection, any amount derived from lease bonuses or royalty payments under this subsection conveyed to States and political subdivisions of any producing State or any other State, shall only be used for mitigation measures and environmental restoration projects that--
Inserted: (i) have been subject to comprehensive review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ; and
Inserted: (ii) specifically repair and restore the adverse physical and pollution impacts of onshore and offshore oil and gas facilities, transportation facilities, and related operations associated with Federal offshore oil and gas leasing, exploration, and development activities.
Inserted: (B) Limitation.--No funds made available to States or political subdivisions under this or any related revenue-sharing subsection may be used for--
Inserted: (i) the construction, design, or permitting ofindustrial infrastructure projects; or
Inserted: (ii) projects that further harm the coastal zone of the affected State or any adjoining State or adjacent offshore waters.
Inserted: (7) Liability.--
Inserted: (A) In general.--The State subject to an approved petition under this subsection shall be liable for any damages to coastal natural resources and ecosystems of adjoining or nearby States resulting from offshore oil and gas leasing, exploration, development, or transportation activities conducted in any Federal or State portion of the area of the outer Continental Shelf made available for leasing under this subsection.
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Inserted: (B) Indemnification.--The United States may not indemnify a State from liability under this subsection.
Inserted: (8) Application.--This subsection shall not
Original wording
On page 12, strike line 16 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1000. Mr. NELSON of Florida submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:
On page 12, strike line 16 and insert the following:
“(5) Moratoria opt out requirements.--Any State with a legislative outer Continental Shelf moratorium on leasing, pre-leasing, and related activities protecting Federal waters adjoining the coastline of the State through the congressional appropriations process as of January 1, 2002, may opt out of the moratorium after the date of enactment of the Energy Policy Act of 2005 with respect to any portion of the coastal waters of the State only with--
“(A) the explicit concurrence of the Governor of the State and the State legislature and the Governors and State legislatures of the 2 coastal States adjoining the State; and
“(B) the concurrence of the Regional Fishery Management Council with jurisdiction over the living marine resources in Federal waters adjacent to the affected State.
“(6) Use of funds.--
“(A) In general.--Notwithstanding any other provision of this subsection, any amount derived from lease bonuses or royalty payments under this subsection conveyed to States and political subdivisions of any producing State or any other State, shall only be used for mitigation measures and environmental restoration projects that--
“(i) have been subject to comprehensive review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ; and
“(ii) specifically repair and restore the adverse physical and pollution impacts of onshore and offshore oil and gas facilities, transportation facilities, and related operations associated with Federal offshore oil and gas leasing, exploration, and development activities.
“(B) Limitation.--No funds made available to States or political subdivisions under this or any related revenue-sharing subsection may be used for--
“(i) the construction, design, or permitting ofindustrial infrastructure projects; or
“(ii) projects that further harm the coastal zone of the affected State or any adjoining State or adjacent offshore waters.
“(7) Liability.--
“(A) In general.--The State subject to an approved petition under this subsection shall be liable for any damages to coastal natural resources and ecosystems of adjoining or nearby States resulting from offshore oil and gas leasing, exploration, development, or transportation activities conducted in any Federal or State portion of the area of the outer Continental Shelf made available for leasing under this subsection.
“(B) Indemnification.--The United States may not indemnify a State from liability under this subsection.
“(8) Application.--This subsection shall not
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Senate amendment submitted
June 23, 2005