Virginia Jobs and Energy Act

Summary:  Virginia Jobs and Energy Act  Directs the Secretary of the Interior to: (1) conduct lease sale 220 within one year after enactment of this Act, and (2) include at least two lease sales in the Virginia lease sale planning area in each five-year oil and gas leasing program that applies after the current leasing program. Prohibits any oil or natural gas exploration, development, or production off the Virginia coast that would conflict with a military operation. Directs the Secretary and the Secretary of Defense (DOD) periodically to review and revise a specified Memorandum of Agreement concerning such operations to account for new offshore energy production technologies, including those using wind energy. Allocates 37.5% of new leasing revenues received by the United States each fiscal year under any lease issued under this Act for payment to states affected with respect to the leases under which those revenues are received by the United States. Sets forth a payments allocation schedule for states within 200 miles of the leased tract. Exempts from environmental impact statement requirements under the National Environmental Policy Act of 1969 (NEPA) any project determined by the Secretary to be an offshore meteorological site testing and monitoring project. Defines such project as one administered by the Department of the Interior and carried out on or in the waters of the Outer Continental Shelf to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure and that: (1) causes less than one acre of surface or seafloor disruption at the location of each meteorological tower or other device and no more than five acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned within five years of its commencement; and (3) provides meteorological information to the Secretary. Directs the Secretary to: (1) require that any applicant seeking to conduct such a project obtain a permit and right of way; (2) determine, within 30 days after receiving an application, whether to issue such a permit and right of way; (3) provide an opportunity for public comment; (4) consult with DOD, the Commandant of the Coast Guard, and the heads of other federal, state, and local agencies affected by issuance of the permit and right of way; and (5) provide an applicant the opportunity to remedy deficiencies in an application that was denied.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Virginia Jobs and Energy Act''.

SEC. 2. LEASE SALE 220 AND OTHER OCS OIL AND GAS LEASE SALES OFFSHORE 
              VIRGINIA.

    (a) Conduct of Lease Sale.--Notwithstanding inclusion in the 
current 5-year oil and gas leasing program under section 18 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary of 
the Interior shall conduct lease sale 220 (as defined in the Draft 
Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 
2010-2015 as published in the Federal Register on January 21, 2009 (74 
Fed. Reg. 3631)) under section 8 of such Act (43 U.S.C. 1337) as soon 
as practicable, but not later than 1 year after the date of enactment 
of this Act.
    (b) Inclusion in Future Leasing Programs.--Notwithstanding 
inclusion in the 2017-2022 OCS Oil and Gas Leasing Program, the 
Secretary of the Interior shall include at least 2 lease sales in the 
Virginia lease sale planning area (as defined in section 4(c)(4)) in 
each 5-year oil and gas leasing program that applies after the current 
leasing program.

SEC. 3. PROTECTION OF MILITARY OPERATIONS.

    (a) Prohibition.--No person may engage in any exploration, 
development, or production of oil or natural gas off the coast of 
Virginia that would conflict with any military operation, as determined 
in accordance with the Memorandum of Agreement between the Department 
of Defense and the Department of the Interior on Mutual Concerns on the 
Outer Continental Shelf signed July 20, 1983, and any revision or 
replacement for that agreement that is agreed to by the Secretary of 
Defense and the Secretary of the Interior after that date but before 
the date of issuance of the lease under which such exploration, 
development, or production is conducted.
    (b) Review and Updating of MOA.--The Secretary of the Interior and 
the Secretary of Defense shall periodically review and revise such 
memorandum of agreement to account for new offshore energy production 
technologies, including those that use wind energy.

SEC. 4. DISPOSITION OF REVENUE.

    (a) Payment of New Leasing Revenues to States.--Notwithstanding 
section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), of 
the amount of new leasing revenues received by the United States each 
fiscal year under any lease issued under this Act, 37.5 percent shall 
be allocated and paid in accordance with subsection (b) to States that 
are affected States with respect to the leases under which those 
revenues are received by the United States.
    (b) Allocation of Payments.--
            (1) In general.--The amount of new leasing revenues 
        received by the United States with respect to a leased tract 
        that are required to be paid to States in accordance with this 
        subsection each fiscal year shall be allocated among and paid 
        to States that are within 200 miles of the leased tract, in 
        amounts that are inversely proportional to the respective 
        distances between the point on the coastline of each such State 
        that is closest to the geographic center of the lease tract, as 
        determined by the Secretary.
            (2) Minimum and maximum allocation.--The amount allocated 
        to a State under paragraph (1) each fiscal year with respect to 
        a leased tract shall be--
                    (A) in the case of a State that is the nearest 
                State to the geographic center of the leased tract, not 
                less than 25 percent of the total amounts allocated 
                with respect to the leased tract; and
                    (B) in the case of any other State, not less than 
                10 percent, and not more than 15 percent, of the total 
                amounts allocated with respect to the leased tract.
            (3) Administration.--Amounts allocated to a State under 
        this subsection--
                    (A) shall be available to the State without further 
                appropriation;
                    (B) shall remain available until expended; and
                    (C) shall be in addition to any other amounts 
                available to the State under the Outer Continental 
                Shelf Lands Act (43 U.S.C. 1331 et seq.).
            (4) Use of funds.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a State may use funds allocated and paid to it 
                under this subsection for any purpose as determined by 
                the laws of that State.
                    (B) Restriction on use for matching.--Funds 
                allocated and paid to a State under this subsection may 
                not be used as matching funds for any other Federal 
                program.
    (c) Definitions.--In this section:
            (1) Affected state.--The term ``affected State'' has the 
        meaning that term has under section 2 of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1331).
            (2) New leasing revenues.--The term ``new leasing 
        revenues'' means amounts received by the United States as 
        bonuses, rents, and royalties under leases for oil and gas, 
        wind, tidal, or other energy exploration, development, and 
        production on areas of the Outer Continental Shelf that are 
        authorized to be made available for leasing as a result of 
        enactment of this Act.
            (3) Virginia lease sale planning area.--The term ``Virginia 
        lease sale planning area'' means the area of the outer 
        Continental Shelf (as that term is defined in the Outer 
        Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that 
        has--
                    (A) a boundary consisting of a straight line 
                extending from the northernmost point of Virginia's 
                seaward boundary to the point on the seaward boundary 
                of the United States exclusive economic zone located at 
                37 degrees 17 minutes 1 second North latitude, 71 
                degrees 5 minutes 16 seconds West longitude; and
                    (B) a southern boundary consisting of a straight 
                line extending from the southernmost point of 
                Virginia's seaward boundary to the point on the seaward 
                boundary of the United States exclusive economic zone 
                located at 36 degrees 31 minutes 58 seconds North 
                latitude, 71 degrees 30 minutes 1 second West 
                longitude.

SEC. 5. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS.

    (a) Offshore Meteorological Project Permitting.--
            (1) In general.--The Secretary of the Interior shall by 
        regulation require that any applicant seeking to conduct an 
        offshore meteorological site testing and monitoring project on 
        the outer Continental Shelf (as that term is defined in the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) 
        must obtain a permit and right of way for the project in 
        accordance with this subsection.
            (2) Permit and right-of-way timeline and conditions.--
                    (A) Deadline for approval.--The Secretary shall 
                decide whether to issue a permit and right of way for 
                an offshore meteorological site testing and monitoring 
                project within 30 days after receiving an application.
                    (B) Public comment and consultation.--During the 
                period referred to in subparagraph (A), the Secretary 
                shall--
                            (i) provide an opportunity for submission 
                        of comments by the public; and
                            (ii) consult with the Secretary of Defense, 
                        the Commandant of the Coast Guard, and the 
                        heads of other Federal, State, and local 
                        agencies that would be affected by issuance of 
                        the permit and right of way.
                    (C) Denial of permit; opportunity to remedy 
                deficiencies.--If the application is denied, the 
                Secretary shall provide the applicant--
                            (i) in writing, clear and comprehensive 
                        reasons why the application was not approved 
                        and detailed information concerning any 
                        deficiencies in the application; and
                            (ii) an opportunity to remedy such 
                        deficiencies.
    (b) NEPA Exclusion.--Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply 
with respect to an offshore meteorological site testing and monitoring 
project.
    (c) Protection of Information.--The information provided to the 
Secretary of the Interior pursuant to subsection (d)(3) shall be 
treated by the Secretary as proprietary information and protected 
against disclosure.
    (d) Definition of an Offshore Meteorological Site Testing and 
Monitoring Project.--In this section, the term ``offshore 
meteorological site testing and monitoring project'' means a project 
carried out on or in the waters of the Outer Continental Shelf 
administered by the Department of the Interior to test or monitor 
weather (including wind, tidal, current, and solar energy) using 
towers, buoys, or other temporary ocean infrastructure, that--
            (1) causes--
                    (A) less than 1 acre of surface or seafloor 
                disruption at the location of each meteorological tower 
                or other device; and
                    (B) not more than 5 acres of surface or seafloor 
                disruption within the proposed area affected by the 
                project (including hazards to navigation);
            (2) is decommissioned not more than 5 years after the date 
        of commencement of the project, including--
                    (A) removal of towers, buoys, or other temporary 
                ocean infrastructure from the project site; and
                    (B) restoration of the project site to 
                approximately the original condition of the site; and
            (3) provides meteorological information obtained by the 
        project to the Secretary of the Interior.