Permanent Protection for Florida Act of 2006 - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for the exploration, development, or production of oil, natural gas, or any other mineral in the Florida exclusion zone.
Expresses the sense of Congress that states are encouraged not to issue a permit or lease for new oil and natural gas slant, directional, or offshore drilling in or under any of the Great Lakes.
Declares this Act applicable to non-producing leases.
Withdraws the Florida exclusion zone from: (1) any Outer Continental Shelf protraction diagram prepared by the Minerals Management Service; and (2) consideration for inclusion in any five-year Outer Continental Shelf leasing program of the Department of the Interior.
Declares that any non-producing or similar lease that is suspended as of the enactment of this Act in the Eastern planning area of the Gulf of Mexico (with a specified exception), and that is also active, non-producing, or in suspension as of such date, is relinquished and abandoned in exchange for royalty forgiveness for revenue streams owed by oil and gas lessees producing on that date in the Central and Western planning areas of the Gulf of Mexico.
Specifies the characteristics of any relinquished and abandoned lease whose lessee is ineligible for royalty forgiveness.
Extends until June 30, 2020, the expiration date for the withdrawal of areas of the Outer Continental Shelf described in a specified Memorandum.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4783 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4783
To prohibit offshore drilling on the outer Continental Shelf off the
State of Florida, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 16, 2006
Mr. Davis of Florida (for himself, Mr. Hastings of Florida, Mr. Boyd,
and Ms. Corrine Brown of Florida) introduced the following bill; which
was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To prohibit offshore drilling on the outer Continental Shelf off the
State of Florida, 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 ``Permanent Protection for Florida Act
of 2006''.
SEC. 2. PROHIBITION ON OIL AND GAS PRODUCTION IN FLORIDA EXCLUSION
ZONE.
The Outer Continental Shelf Lands Act is amended by inserting after
section 8 (43 U.S.C. 1337) the following:
``SEC. 8A. PROHIBITION ON OIL AND GAS PRODUCTION IN FLORIDA EXCLUSION
ZONE.
``(a) Definitions.--In this section:
``(1) Florida exclusion zone.--The term `Florida exclusion
zone' means the area located--
``(A) east of the red line (as depicted on the
Minerals Management Service map entitled `Florida Map
1', dated January 23, 2006);
``(B) 25 miles west of the Military Mission Line
(as depicted on the Minerals Management Service map
entitled `Florida Map 1', dated January 23, 2006);
``(C) 150 miles off the Florida Panhandle,
including the area commonly known as the `Stovepipe' in
the 181 Area in the Gulf of Mexico;
``(D) the Straits of Florida planning area; and
``(E) 150 miles off the Florida east coast that
extends from the Straits of the Florida planning area
to the Florida-Georgia border.
``(2) Military mission line.--The term `Military Mission
Line' means--
``(A) the 8641' north-south line of longitude; or
``(B) a line not more than 25 miles west of the
line described in subparagraph (1), as determined by
the Secretary of Defense during the 5-year period
beginning on the date of enactment of this section.
``(3) Non-producing lease.--The term `non-producing lease'
means a lease for the production of oil, natural gas, or any
other mineral in the Florida exclusion zone that is in
existence and in good standing on the date of enactment of this
section.
``(b) Exclusion Zone.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall not issue a lease for the exploration,
development, or production of oil, natural gas, or any other
mineral in the Florida exclusion zone.
``(2) Great lakes.--It is the sense of Congress that States
are encouraged not to issue a permit or lease for new oil and
natural gas slant, directional, or offshore drilling in or
under any of the Great Lakes (as described in section 386 of
the Energy Policy Act of 2005 (42 U.S.C. 15941)).
``(3) Application.--This subsection applies to--
``(A) a non-producing lease; and
``(B) a non-producing lease that would otherwise be
entered into on or after the date of enactment of this
section.
``(c) Withdrawal.--The Florida exclusion zone is withdrawn from--
``(1) any outer Continental Shelf protraction diagram
prepared by the Minerals Management Service; and
``(2) consideration for inclusion in any 5-year outer
Continental Shelf leasing program of the Department of the
Interior.
``(d) Relinquishment of Certain Leases.--
``(1) In general.--Subject to paragraphs (2), (3), and (4),
any non-producing or similar lease that is suspended on the
date of enactment of this section in the Eastern planning area
of the Gulf of Mexico (other than Lease Sale 181, as identified
in the final outer Continental Shelf 5-Year Oil and Gas Leasing
Program for 2002-2007) that is active, non-producing, or in
suspension as of the date of enactment of this section is
relinquished and abandoned in exchange for royalty forgiveness
for revenue streams owed by oil and gas lessees producing on
that date in the Central and Western planning areas of the Gulf
of Mexico.
``(2) Restoration of leased sea floor.--A lessee of a
relinquished and abandoned lease shall--
``(A) remove all existing boreholes, wellheads, and
ancillary equipment located on the leased sea floor;
and
``(B) restore the sea floor as nearly as
practicable to pre-lease condition.
``(3) Ineligible lessee.--A lessee of a relinquished and
abandoned lease is ineligible for royalty forgiveness if the
lease involves--
``(A) an outer Continental Shelf tract in the
Central or Western planning area of the Gulf of Mexico
subject to royalty deferrals or royalty forgiveness
pursuant to--
``(i) the notice of proposed rulemaking
entitled `Relief or Reduction in Royalty
Rates--Deep Gas Provisions' (68 Fed. Reg.
14868); or
``(ii) any other Federal law (including
regulations);
``(B) an outer Continental Shelf tract located
within the boundaries of the Flower Garden Banks
National Marine Sanctuary; or
``(C) any outer Continental Shelf tract located
outside the boundaries of the Florida exclusion zone
and within the Eastern planning area of the Gulf of
Mexico.
``(4) Waiver of rents and royalties.--
``(A) In general.--The Secretary shall allow an
eligible lessee covered by paragraph (1) to withhold
from payment any royalty or rent due to the United
States under this Act.
``(B) Judicial review.--Any disagreement between an
eligible lessee and the Secretary regarding the amount
of royalty or rent forgiveness described in
subparagraph (A) shall be subject to judicial review.
``(e) Administration.--
``(1) Other sections of act.--Beginning on the date of
enactment of this section, other sections of this Act shall not
apply to--
``(A) any area in which leasing is prohibited under
subsection (b);
``(B) any area that is withdrawn under subsection
(c); or
``(C) any area subject to a lease that is
relinquished under subsection (d).
``(2) Inventory.--The areas described in subparagraphs (A),
(B), and (C) of paragraph (1), as well as the areas currently
under moratorium in the outer Continental Shelf and the areas
protected by the document entitled `Memorandum on Withdrawal of
Certain Areas of the United States Outer Continental Shelf from
Leasing Disposition' (34 Weekly Comp. Pres. Doc. 1111, dated
June 12, 1998), shall not be subject to an inventory conducted
under section 357 of the Energy Policy Act of 2005 (42 U.S.C.
15912).
``(3) National marine sanctuary.--Nothing in this section
precludes the Secretary of Commerce, acting through the
Director of the National Marine Sanctuary Program, from
considering any portion of the Florida exclusion zone for
designation as a marine sanctuary under the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.)
(commonly known as the `Ocean Dumping Act').
``(4) Maintenance and repair of existing pipelines.--
Nothing in this section precludes--
``(A) the inspection, monitoring, or repair of pre-
existing subsea oil and natural gas pipelines under
Federal law (including regulations) pertaining to
pipeline safety and environmental protection; or
``(B) the replacement in situ of preexisting subsea
oil or natural gas pipelines under that Federal law.
``(5) Commercial and sport fishing.--Nothing in this
section affects any regulation or management of commercial or
sport fishing, or routine operation or transit of fishing or
recreational vessels, within the Florida exclusion zone.
``(6) Military activities.--Nothing in this section limits
any military ship, submarine, aircraft, or amphibious vessel
activity conducted as part of--
``(A) military exercises;
``(B) routine transit;
``(C) military preparedness; or
``(D) rescue operations.
``(f) Conditions for Leasing in Other Areas.--
``(1) In general.--With respect to Federal leasing on the
outer Continental Shelf in the areas described in paragraph
(2)--
``(A) each individual lease sale shall be subject
to the review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), including
the completion of an environmental impact statement for
the lease sale; and
``(B) all pre-lease and leasing activities shall
proceed only if best available and safest technologies,
as described in 21(b), are required for all phases of
operations.
``(2) Description of areas.--The areas referred to in
paragraph (1) are areas on the outer Continental Shelf that--
``(A) are not specifically covered by this Act; and
``(B)(i) are not located within the protected
waters of the Florida Exclusion Zone;
``(ii) are not protected by the document entitled
`Memorandum on Withdrawal of Certain Areas of the
United States Outer Continental Shelf from Leasing
Disposition' (34 Weekly Comp. Pres. Doc. 1111, dated
June 12, 1998); or
``(iii) are not located within any other federally
protected area.''
SEC. 3. EXTENSION OF DEFERRAL.
Notwithstanding the document entitled ``Memorandum on Withdrawal of
Certain Areas of the United States Outer Continental Shelf from Leasing
Disposition (34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998)'',
the expiration date for the withdrawal of areas of the outer
Continental Shelf described in the first paragraph of that Memorandum
shall be extended until June 30, 2020.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Executive Comment Requested from Interior.
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