S.Amdt. 5181

1. Adds SEC. 16. PUBLICATION OF PROJECTED STATE LINES ON OUTER CONTINENTAL SHELF at the end of the bill

   Adds a section

   In S. 3268 · Placed on Calendar Senate

   (b) Report.--If the Commission decides not to use the procedures described in subsection (a) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.

   Inserted: SEC. 16. PUBLICATION OF PROJECTED STATE LINES ON OUTER CONTINENTAL SHELF.

   Inserted: Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended--

   Inserted: (1) by designating the first, second, and third sentences as clause (i), (iii), and (iv), respectively;

   Inserted: (2) in clause (i) (as so designated), by inserting before the period at the end the following: "not later than 90 days after the date of enactment of the Stop Excessive Energy Speculation Act of 2008"; and

   Inserted: (3) by inserting after clause (i) (as so designated) the following:

   Inserted: "(ii)(I) The projected lines shall also be used for the purpose of preleasing and leasing activities conducted in new producing areas under section 32.

   Inserted: "(II) This clause shall not affect any property right or title to Federal submerged land on the outer Continental Shelf.

   Inserted: "(III) In carrying out this clause, the President shall consider the offshore administrative boundaries beyond State submerged lands for planning, coordination, and administrative purposes of the Department of the Interior, but may establish different boundaries.".

   Inserted: SEC. 17. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING AREAS AND FEDERAL PRODUCTION AREAS.

   Inserted: (a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 32. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING AREAS.

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

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   Inserted: "(1) Coastal political subdivision.--The term 'coastal political subdivision' means a political subdivision of a new producing State any part of which political subdivision is--

   Inserted: "(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the new producing State as of the date of enactment of this section; and

   Inserted: "(B) not more than 200 nautical miles from the geographic center of any leased tract.

   Inserted: "(2) Federal production area.--The term 'Federal production area' means any moratorium area within the offshore administrative boundaries beyond the submerged land of a State that is located more than 60 miles from the coastline of the State and more than 125 miles off the Gulf Coast of Florida.

   Inserted: "(3) Moratorium area.--The term 'moratorium area' means an area covered by sections 104 through 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2118) (as in effect on the day before the date of enactment of this section).

   Inserted: "(4) New producing area.--The term 'new producing area' means any moratorium area within the offshore administrative boundaries beyond the submerged land of a State that is located within 60 miles of the coastline of the State and within 125 miles of the Gulf Coast of Florida.

   Inserted: "(5) New producing state.--The term 'new producing State' means a State that has, within the offshore administrative boundaries beyond the submerged land of the State, a new producing area available for oil and gas leasing under subsection (b).

   Inserted: "(6) Offshore administrative boundaries.--The term 'offshore administrative boundaries' means the administrative boundaries established by the Secretary beyond State submerged land for planning, coordination, and administrative purposes of the Department of the Interior and published in the Federal Register on January 3, 2006 (71 Fed. Reg. 127).

   Inserted: "(7) Qualified federal protection area revenues.--The term 'qualified Federal protection area revenues' means qualified outer Continental Shelf revenues from leases for Federal protection areas.

   Inserted: "(8) Qualified new producing area revenues.--The term 'qualified new producing area revenues' means qualified Outer Continental Shelf revenues from leases for new producing areas.

   Inserted: "(9) Qualified outer continental shelf revenues.--

   Inserted: "(A) In general.--The term 'qualified outer Continental Shelf 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 section.

   Inserted: "(B) Exclusions.--The term 'qualified outer Continental Shelf revenues' does not include--

   Inserted: "(i) revenues from a bond or other surety forfeited for obligations other than the collection of royalties;

   Inserted: "(ii) revenues from civil penalties;

   Inserted: "(iii) royalties taken by the Secretary in-kind and not sold;

   Inserted: "(iv) revenues generated from leases subject to section 8(g); or

   Inserted: "(v) any revenues considered qualified outer Continental Shelf revenues under section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432).

   Inserted: "(b) Petition for Leasing New Producing Areas.--

   Inserted: "(1) In general.--Beginning on the date on which the President delineates projected State lines under section 4(a)(2)(A)(ii), the Governor of a State with a new producing area within the offshore administrative boundaries beyond the submerged land of the State may submit to the Secretary a petition requesting that the Secretary make the new producing area available for oil and gas leasing.

   Inserted: "(2) Action by secretary.--Notwithstanding section 18, as soon as practicable after receipt of a petition under paragraph (1), the Secretary shall approve the petition if the Secretary determines that leasing the new producing area would not create an unreasonable risk of harm to the marine, human, or coastal environment.

   Inserted: "(3) Disposition of qualified new producing area revenues.--

   Inserted: "(A) In general.--Notwithstanding section 9 and subject to the other provisions of this paragraph, for each applicable fiscal year, the Secretary of the Treasury shall deposit--

   Inserted: "(i) 50 percent of qualified new producing area revenues in the Energy Independence Fund established under section 19 of the Stop Excessive Energy Speculation Act of 2008; and

   Inserted: "(ii) 50 percent of qualified new producing area revenues in a special account in the Treasury from which the Secretary shall disburse--

   Inserted: "(I) 75 percent to new producing States in accordance with subparagraph (B); 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: "(B) Allocation to new producing states and coastal political subdivisions.--

   Inserted: "(i) Allocation to new producing states.--Effective for fiscal year 2008 and each fiscal year thereafter, the amount made available under subparagraph (A)(ii)(I) shall be allocated to each new producing State in amounts (based on a formula established by the Secretary by regulation) proportional to the amount of qualified new producing area revenues generated in the new producing area offshore each State.

   Inserted: "(ii) Payments to coastal political subdivisions.--

   Inserted: "(I) In general.--The Secretary shall pay 20 percent of the allocable share of each new producing State, as determined under clause (i), to the coastal political subdivisions of the new producing 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 (C) of section 31(b)(4).

   Inserted: "(C) Minimum allocation.--The amount allocated to a new producing State for each fiscal year under subparagraph (B) shall be at least 5 percent of the amounts available under for the fiscal year under subparagraph (A)(ii)(I).

   Inserted: "(D) Timing.--The amounts required to be deposited under clause (ii) of subparagraph (B) for the applicable fiscal year shall be made available in accordance with that clause during the fiscal year immediately following the applicable fiscal year.

   Inserted: "(E) Authorized uses.--

   Inserted: "(i) In general.--Subject to clause (ii), each new producing State and coastal political subdivision shall use all amounts received under subparagraph (B) 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, hurricane protection, and infrastructure directly affected by coastal wetland losses.

   Inserted: "(II) Mitigation of damage to fish, wildlife, or natural resources.

   Inserted: "(III) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan.

   Inserted: "(IV) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects.

   Inserted: "(V) Planning assistance and the administrative costs of complying with this section.

   Inserted: "(ii) Limitation.--Not more than 3 percent of amounts received by a new producing State or coastal political subdivision under subparagraph (B) may be used for the purposes described in clause (i)(V).

   Inserted: "(F) Administration.--Amounts made available under subparagraph (A)(ii) shall--

   Inserted: "(i) be made available, without further appropriation, in accordance with this paragraph;

   Inserted: "(ii) remain available until expended; and

   Inserted: "(iii) be in addition to any amounts appropriated under--

   Inserted: "(I) other provisions of this Act;

   Inserted: "(II) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); or

   Inserted: "(III) any other provision of law.

   Inserted: "(4) Disposition of qualified outer continental shelf revenues from other areas.--Notwithstanding section 9, for each applicable fiscal year, the terms and conditions of paragraph (3) shall apply to the disposition of qualified outer Continental Shelf revenues that--

   Inserted: "(A) are derived from oil or gas leasing in an area that is not included in the current 5-year plan of the Secretary for oil or gas leasing; and

   Inserted: "(B) are not assumed in the budget of the United States Government submitted by the President under section 1105 of title 31, United States Code.

   Inserted: "(c) Leasing in Federal Production Areas.--

   Inserted: "(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall make the Federal production areas available for oil and gas leasing.

   Inserted: "(2) Priority.--The Secretary may prioritize the lease sales under paragraph (1) based on available data of oil and gas reserves in the Federal production areas.

   Inserted: "(3) Disposition of qualified federal producing area revenues.--For each applicable fiscal year, the Secretary of the Treasury shall deposit--

   Inserted: "(A) 85 percent of qualified Federal producing area revenues in the Energy Independence Fund established by section 19; and

   Inserted: "(B) 15 percent of qualified Federal producing area revenues in a special account in the Treasury from which the Secretary shall disburse 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: (b) Conforming Amendment.--Sections 104 through 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2118) are repealed.

   Inserted: SEC. 18. OUTER CONTINENTAL SHELF INVENTORY.

   Inserted: (a) In General .--Not later than 3 years after the date of enactment of this Act, the Director of the Minerals Management Service shall conduct a comprehensive inventory of oil and gas reserves of the outer Continental Shelf.

   Inserted: (b) Annual Report.--Beginning on the date that is 1 year after the date of enactment of this Act and annually thereafter until the inventory required under subsection (a) is completed, the Director of the Minerals Management Service shall submit to the appropriate committees of Congress a report describing the progress of the inventory.

   Inserted: SEC. 19. ENERGY INDEPENDENCE TRUST FUND.

   Inserted: (a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the "Energy Independence Trust Fund" (referred to in this section as the "Fund"), consisting of--

   Inserted: (1) such amounts as are deposited in the Fund under subsections (b)(3)(A)(i) and (c)(3)(A) of the Outer Continental Shelf Lands Act (as added by section 17(a)); and

   Inserted: (2) any interest earned from investment of amounts in the Fund.

   Inserted: (b) Authorized Uses.--Subject to appropriations, the amounts in the Fund shall be available to offset the cost of alternative fuel and conservation programs carried out by the Department of Agriculture, Department of Energy, and Department of Transportation that--

   Inserted: (1) enhance and accelerate the use of domestic renewable energy resources and alternative fuels, with an emphasis on cellulosic ethanol;

   Inserted: (2) increase the development and deployment of biofuels infrastructure, including--

   Inserted: (A) alternative fuel refueling pumps, which are capable of dispensing blends of gasoline from 10 percent ethanol to 85 percent ethanol; and

   Inserted: (B) a biofuel dedicated pipeline;

   Inserted: (3) promote the utilization of energy-efficient products and practices and encourage and reward sound energy conservation practices;

   Inserted: (4) expand research, development, and deployment of renewable energy and efficiency technologies;

   Inserted: (5) expand research development, and deployment of hydrogen fuel cell technology; or

   Inserted: (6) expand research, development, and deployment of electric plug-in vehicle and advanced battery technology.

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