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Bill
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Title I — Outer Continental Shelf leasing

S. 17 · 113th Congress · Feb 27, 2013 · Lineage

I Outer Continental Shelf leasing

Sec. 101 Extension of leasing program

(a)
In general— Subject to subsection (c), the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this section as the “Secretary”) under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) shall be considered to be the final oil and gas leasing program under that section for the period of fiscal years 2013 through 2018.
(b)
Final environmental impact statement— The Secretary is considered to have issued a final environmental impact statement for the program applicable to the period described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(c)
Exceptions— Lease Sales 214, 232, and 239 shall not be included in the final oil and gas leasing program for the period of fiscal years 2013 through 2018.
(d)
Eastern Gulf of Mexico not included— Nothing in this section 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. 102 Lease sales

(a)
In general— Except as otherwise provided in this section, not later than 180 days after the date of enactment of this Act and every 270 days thereafter, the Secretary of the Interior (referred to in this section as the “Secretary”) shall conduct a lease sale in each outer Continental Shelf planning area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf.
(b)
Subsequent determinations and sales— If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this section, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall—
(1)
determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and
(2)
if the Secretary determines that there is a commercial interest described in subsection (a), conduct a lease sale in the planning area.
(c)
Exclusion from 5-Year lease program— If a planning area for which there is a commercial interest described in subsection (a) was not included in a 5-year lease program, the Secretary shall include leasing in the planning area in the subsequent 5-year lease program.
(d)
Petitions— If a person petitions the Secretary to conduct a lease sale for an outer Continental Shelf planning area in which the person has a commercial interest, the Secretary shall conduct a lease sale for the area in accordance with subsection (a).

Sec. 103 Applications for permits to drill

Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) is amended by adding at the end the following:

“(k) Applications for permits To drill

“(1) In general—Subject to paragraph (2), the Secretary shall approve or disapprove an application for a permit to drill submitted under this Act not later than 20 days after the date the application is submitted to the Secretary.

“(2) Disapproval—If the Secretary disapproves an application for a permit to drill submitted under paragraph (1), the Secretary shall—

“(A) provide to the applicant a description of the reasons for the disapproval of the application;

“(B) allow the applicant to resubmit an application during the 10-day period beginning on the date of the receipt of the description by the applicant; and

“(C) approve or disapprove any resubmitted application not later than 10 days after the date the application is submitted to the Secretary.”

Sec. 104 Lease sales for certain areas

(a)
In general— As soon as practicable but not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall hold Lease Sale 220 for areas offshore of the State of Virginia.
(b)
Compliance with other laws— For purposes of the Lease Sales described in subsection (a), the Environmental Impact Statement for the 2010-2015-Year OCS Plan and the applicable Multi-Sale Environmental Impact Statement shall be considered to satisfy the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c)
Energy projects in Gulf of Mexico—
(1)
Jurisdiction— The United States Court of Appeals for the Fifth Circuit shall have exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico.
(2)
Filing deadline— Any civil action to challenge a project or permit described in paragraph (1) shall be filed not later than 60 days after the date of approval of the project or the issuance of the permit.

Sec. 105 Disposition of revenues

(a)
Definitions— Section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended—
(1)
by redesignating paragraphs (5) through (11) as paragraphs (6) through (12), respectively;
(2)
by inserting after paragraph (4) the following:

“(5) Coastal State—The term coastal State means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in—

“(A) an outer Continental Shelf area in the Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas; and

“(B) effective for fiscal year 2024 and each fiscal year thereafter, an outer Continental Shelf area in any OCS Region State Adjacent Zones and OCS Planning Areas.”

(3)
in paragraph (10) (as so redesignated), by striking subparagraph (A) and inserting the following:

“(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—

“(i) December 20, 2006, with respect to coastal States located in the Gulf of Mexico OCS Region; or

“(ii) October 1, 2023, with respect to coastal States located in—

“(I) the Atlantic OCS Region;

“(II) the Pacific OCS Region; or

“(III) the Alaska OCS Region.”

(4)
in paragraph (11) (as so redesignated), by striking “Gulf producing State” each place it appears and inserting “coastal State”.
(b)
Disposition of revenues— Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended—
(1)
in the section heading, by striking “from 181 Area, 181 South Area, and 2002-2007 planning areas of gulf of mexico”;
(2)
by striking “Gulf producing State” each place it appears (other than subsection (b)(1)) and inserting “coastal State”;
(3)
in subsection (a)(2), by striking subparagraph (B) and inserting the following:

“(B) 25 percent—

“(i) of the qualified outer Continental Shelf revenues described in section 102(10)(A)(i)—

“(I) 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 to be income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l–5), to a maximum amount of $125,000,000; and

“(II) for any amounts in excess of the amount described in subclause (I), to the Highway Trust Fund (other than the Mass Transit Account); and

“(ii) beginning in fiscal year 2024, of the qualified outer Continental Shelf revenues described in section 102(10)(A)(ii), to the Highway Trust Fund (other than the Mass Transit Account).”

(4)
in subsection (b)—
(A)
in the subsection heading, by striking “Gulf producing States” and inserting “coastal States”; and
(B)
in paragraph (2)—
(i)
in the paragraph heading, by striking “fiscal year 2017 and thereafter” and inserting “fiscal years 2017 through 2023”; and
(ii)
in subparagraph (A), in the matter preceding clause (i), by striking “fiscal year 2017 and each fiscal year thereafter” and inserting “each of fiscal years 2017 through 2023”;
(C)
by redesignating paragraph (3) as paragraph (4);
(D)
by inserting after paragraph (2) the following:

“(3) Allocation among coastal States for fiscal year 2024 and thereafter

“(A) In general—Subject to subparagraph (B), effective for fiscal years 2024 and each fiscal year thereafter, the amount made available under subsection (a)(2)(A) 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.

“(B) Minimum allocation—The amount allocated to a coastal State each fiscal year under subparagraph (A) shall be at least 10 percent of the amounts available under subsection (a)(2)(A).”

(E)
in paragraph (4) (as redesignated by subparagraph (C)), by striking “paragraphs (1) and (2)” and inserting “paragraphs (1), (2), and (3)”; and
(5)
in subsection (f), by striking paragraph (1) and inserting the following:

“(1) In general—Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed—

“(A) in the case of an outer Continental Shelf area in the Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas—

“(i) $1,000,000,000 for each of fiscal years 2017 through 2024; and

“(ii) $2,000,000,000 for each of fiscal years 2025 through 2055; and

“(B) in the case of an outer Continental Shelf area in OCS Region State Adjacent Zones and OCS Planning Areas other than the Zones and Areas described in subparagraph (A), for each of fiscal years 2024 through 2055, $500,000,000 for each such area located in—

“(i) the Atlantic OCS Region;

“(ii) the Pacific OCS Region; or

“(iii) the Alaska OCS Region.”

(c)
Effective date— The amendments made by this section take effect on October 1, 2013.