S.Amdt. 4748

1. Adds SEC. 6. OFFSHORE OIL AND GAS LEASING IN AREAS OFF THE STATE OF VIRGINIA at the in S.Amdt. 4713

   Adds a section

   Inserted: SEC. 6. OFFSHORE OIL AND GAS LEASING IN AREAS OFF THE STATE OF VIRGINIA.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Adjacent zone.--The term "Adjacent Zone" means the Adjacent Zone of the State, as defined by the lines extending seaward and defining the adjacent Zone of the State indicated on the map entitled "Atlantic OCS Region State Adjacent Zones and OCS Planning Areas", dated September 2005 and on file in the Office of the Director of the Minerals Management Service.

   Inserted: (2) Coastline.--The term "coastline" has the meaning given the term "coast line" in section 2 of the Submerged Lands Act (43 U.S.C. 1301).

   Inserted: (3) Covered revenues.--

   Inserted: (A) In general.--The term "covered revenues" means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act in the Adjacent Zone.

   Inserted: (B) Exclusions.--The term "covered revenues" does not include revenues--

   Inserted: (i) from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or

   Inserted: (ii) generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)).

   Inserted: (4) Neighboring state.--The term "Neighboring State" means any State that has a common boundary at the coastline with the State.

   Inserted: (5) State.--The term "State" means the Commonwealth of Virginia.

   Inserted: (b) Prohibition Against Leasing.--

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   Inserted: (1) Unavailable for leasing without state request.--Except as otherwise provided in this section, the Secretary shall not offer for leasing for oil and gas, or natural gas, any area in the Adjacent Zone that is within 50 miles of the coastline of the State and that was withdrawn from disposition by leasing in the Atlantic OCS Region under the "Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition", from 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998.

   Inserted: (2) Areas between 50 and 100 miles from the coastline.--Unless the State petitions under subsection (c) by the date that is 1 year after the date of enactment of this Act for natural gas leasing or by June 30, 2009, for oil and gas leasing, the Secretary shall offer for leasing any area in the Adjacent Zone that is more than 50 miles, but less than 100 miles, from the coastline of the State that was withdrawn from disposition by leasing in the Atlantic OCS Region under the "Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition", from 34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998.

   Inserted: (c) Petition for Leasing.--

   Inserted: (1) In general.--The Governor of the State, on the concurrence of the legislature of the State, may submit to the Secretary a petition requesting that the Secretary make available any area that is--

   Inserted: (A) within the Adjacent Zone, as described in subsection (b); and

   Inserted: (B) is greater than--

   Inserted: (i) 25 miles from any point on the coastline of a Neighboring State for the conduct of offshore leasing, pre-leasing, and related activities with respect to natural gas leasing; or

   Inserted: (ii) 50 miles from any point on the coastline of a Neighboring State for the conduct of offshore leasing, pre-leasing, and related activities with respect to oil and gas leasing.

   Inserted: (2) Petition by state.--

   Inserted: (A) In general.--The State may petition for leasing any other area within the Adjacent Zone if--

   Inserted: (i) leasing is allowed in the similar area of the Adjacent Zone; or

   Inserted: (ii) if not allowed, the State, acting through the Governor of the State, expresses the concurrence of the State with the petition.

   Inserted: (B) Finding.--The Secretary shall only consider a petition under subparagraph (A) on--

   Inserted: (i) making a finding that leasing is allowed in a similar area of the Adjacent Zone; or

   Inserted: (ii) receipt of the concurrence of the State.

   Inserted: (C) Date of receipt.--The date of receipt by the Secretary of the concurrence by the State shall constitute the date of receipt of the petition for the area for which the concurrence applies.

   Inserted: (D) Limitations on leasing.--If, as of the date of petition by the State, the Adjacent Zone contains leased tracts, the State, in the petition of the State, may condition new leasing for oil and gas, or natural gas, for tracts within 25 miles of the coastline of the State, by--

   Inserted: (i) requiring a net reduction in the number of production platforms;

   Inserted: (ii) requiring a net increase in the average distance of production platforms from the coastline;

   Inserted: (iii) limiting permanent surface occupancy on new leases to areas that are more than 10 miles from the coastline;

   Inserted: (iv) limiting some tracts to being produced from shore or from platforms located on other tracts; or

   Inserted: (v) including other conditions that the State considers to be appropriate as long as the Secretary does not determine that production is made economically or technically impracticable or otherwise impracticable.

   Inserted: (3) Action by secretary.--

   Inserted: (A) In general.--Not later than 90 days after the date of receipt of a petition under paragraph (1), the Secretary shall approve the petition, unless the Secretary determines that leasing the area would be likely to cause serious harm or damage to the marine resources of the Adjacent Zone.

   Inserted: (B) Environmental assessment.--Before approving the petition, the Secretary shall complete an environmental assessment that documents the anticipated environmental effects of leasing in the area covered by the petition.

   Inserted: (4) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with paragraph (3), the petition shall be considered to be approved as of the date that is 90 days after the date of receipt of the petition.

   Inserted: (d) Option to Extend Withdrawal From Leasing Within Certain Areas of the Outer Continental Shelf.--

   Inserted: (1) In general.--The State, through the Governor of the State and on the concurrence of the legislature of the State, may extend, for a period of time of up to 5 years for each extension, the withdrawal from leasing of all or part of any area within the Adjacent Zone located more than 50 miles, but less than 100 miles, from the coastline of the State that is subject to subsection (b)(2).

   Inserted: (2) Multiple extensions.--The State may extend a withdrawal described in paragraph (1) for any particular area--

   Inserted: (A) multiple times; but

   Inserted: (B) not more than once per calendar year.

   Inserted: (3) Separate extensions.--The State shall prepare separate extensions, with separate votes by the legislature of the State, for the withdrawal of areas for oil and gas leasing and for natural gas leasing.

   Inserted: (4) Areas.--An extension by the State may affect some areas to be withdrawn from all leasing and some areas to be withdrawn only from 1 type of leasing.

   Inserted: (e) Effect of Other Laws.--

   Inserted: (1) In general.--Adoption by the State of any constitutional provision, or enactment of any State law, that has the effect, as determined by the Secretary, of restricting the Governor or Legislature from exercising full discretion relating to subsection (g) or (h) shall, for the duration of the restriction, prohibit--

   Inserted: (A) any sharing of qualified outer Continental Shelf revenues or covered revenues under this Act with the State and the coastal political subdivisions of the State; and

   Inserted: (B) the State from exercising any authority under subsection (d).

   Inserted: (2) Deadline.--The Secretary shall make the determination of the existence of a restrictive constitutional provision or State law under paragraph (1) not later than 30 days after the date of receipt of a petition by any outer Continental Shelf lessee or coastal State.

   Inserted: (f) Disposition of Covered Revenues From State.--

   Inserted: (1) 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 subsection, for each applicable fiscal year, the Secretary of the Treasury shall deposit--

   Inserted: (A) 50 percent of covered revenues in the general fund of the Treasury; and

   Inserted: (B) 50 percent of covered revenues in a special account in the Treasury from which the Secretary shall disburse--

   Inserted: (i) 75 percent to the State in accordance with paragraph (2); and

   Inserted: (ii) 25 percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5).

   Inserted: (2) Allocation among state and coastal political subdivisions.--

   Inserted: (A) Allocation to state for fiscal year 2007 and thereafter.--Effective for fiscal year 2007 and each fiscal year thereafter, the amount made available under paragraph (1)(B)(i) shall be allocated to the State.

   Inserted: (B) Payments to coastal political subdivisions.--

   Inserted: (i) In general.--The Secretary shall pay 20 percent of the allocable share of the State, as determined under subparagraph (A), to the coastal political subdivisions of the State.

   Inserted: (ii) Allocation.--The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B) and (E) of section 31(b)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)).

   Inserted: (3) Timing.--The amounts required to be deposited under paragraph (1)(B) for the applicable fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately following the applicable fiscal year.

   Inserted: (4) Authorized uses.--

   Inserted: (A) In general.--Subject to subparagraph (B), the State and each coastal political subdivision shall use all amounts received under paragraph (2) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes:

   Inserted: (i) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, sand or beach replenishment, or hurricane protection.

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