I 

112TH CONGRESS 

2D SESSION H. R. 3882 

To require inclusion of Lease Sale 220 in the proposed Outer Continental 

Shelf oil and gas leasing program for the 2012–2017 period, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2012 

Mr. RIGELL (for himself, Mr. WITTMAN, Mr. HURT, Mr. GOODLATTE, and 

Mr. GRIFFITH of Virginia) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To require inclusion of Lease Sale 220 in the proposed 

Outer Continental Shelf oil and gas leasing program 

for the 2012–2017 period, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mid-Atlantic Energy 

5 and Jobs Act of 2012’’. 

6 SEC. 2. LEASE SALE 220 AND OTHER LEASE SALES IN THE 

7 MID-ATLANTIC PLANNING AREA. 

8 (a) INCLUSION IN LEASING PROGRAMS.—The Sec9 retary of the Interior shall— 


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1 (1) upon enactment of this Act, revise the pro2 posed Outer Continental Shelf oil and gas leasing 

3 program for the 2012–2017 period to include in 

4 such program Lease Sale 220 off the coast of Vir5 ginia; and 

6 (2) include the Outer Continental Shelf off the 

7 coast of Virginia in the leasing program for each 5- 

8 year period after the 2012–2017 period. 

9 (b) CONDUCT OF LEASE SALES.—As soon as prac10 ticable, but not later than 1 year after the date of enact11 ment of this Act, the Secretary of the Interior shall carry 

12 out under section 8 of the Outer Continental Shelf Lands 

13 Act (43 U.S.C. 1337)— 

14 (1) Lease Sale 220; and 

15 (2) lease sales for any other areas of the Outer 

16 Continental Shelf that are included in the Mid-At17 lantic planning area as a result of the map revision 

18 required under section 5. 

19 SEC. 3. PROTECTION OF MILITARY OPERATIONS. 

20 (a) PROHIBITION.—No person may engage in any ex21 ploration, development, or production of oil or natural gas 

22 off the coast of Virginia that would conflict with any mili23 tary operation, as determined in accordance with the 

24 Memorandum of Agreement between the Department of 

25 Defense and the Department of the Interior on Mutual 


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1 Concerns on the Outer Continental Shelf signed July 20, 

2 1983, and any revision or replacement for that agreement 

3 that is agreed to by the Secretary of Defense and the Sec4 retary of the Interior after that date but before the date 

5 of issuance of the lease under which such exploration, de6 velopment, or production is conducted. 

7 (b) REVIEW AND UPDATING OF MOA.—The Sec8 retary of the Interior and the Secretary of Defense shall 

9 periodically review and revise such memorandum of agree10 ment to account for new offshore energy production tech11 nologies, including those that use wind energy. 

12 SEC. 4. REVENUE SHARING. 

13 (a) IN GENERAL.—Notwithstanding section 9 of the 

14 Outer Continental Shelf Lands Act (43 U.S.C. 1338) and 

15 subject to the other provisions of this section, for each ap16 plicable fiscal year, the Secretary of the Treasury shall 

17 deposit— 

18 (1) 50 percent of any qualified revenues in the 

19 general fund of the Treasury; and 

20 (2) 50 percent of any qualified revenues in a 

21 special account in the Treasury for use in accord22 ance with subsection (b). 

23 (b) DISPOSITION OF REVENUES TO STATE.—Of the 

24 qualified revenues deposited under subsection (a)(2)— 


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1 (1) 75 percent shall be disbursed to the Mid-At2 lantic State from the administrative planning area of 

3 which the qualified revenues were generated, based 

4 on the map referred to in section 5 (as revised under 

5 that section, except as provided in section 5(b)); and 

6 (2) 25 percent shall be used, at the discretion 

7 of the Governor of such State— 

8 (A) for environmental cleanup and restora9 tion purposes within that State; and 

10 (B) to enhance the ability of the public to 

11 access public lands within that State. 

12 (c) DEFINITIONS.—In this section— 

13 (1) the term ‘‘Mid-Atlantic State’’ means each 

14 of the States of Delaware, North Carolina, Mary15 land, and Virginia; and 

16 (2) the term ‘‘qualified revenues’’ means bonus 

17 bids, rental payments, and royalties received by the 

18 United States for leases of areas of the Outer Conti19 nental Shelf off the coast of a Mid-Atlantic State for 

20 exploration, development, and production of oil and 

21 gas or wind power. 

22 SEC. 5. OCS ADMINISTRATIVE PLANNING AREAS MID-AT23 LANTIC STATES. 

24 (a) REVISION OF MAP.—Subject to subsection (b), 

25 the Secretary of the Interior, acting through the Bureau 


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1 of Ocean Energy Management, shall revise the map enti2 tled ‘‘Atlantic NAD 83 Federal Outer Continental Shelf 

3 (OCS) Administrative Boundaries’’ and dated January 

4 2010, to make the best effort to ensure that the northern 

5 and southern boundaries of the Outer Continental Shelf 

6 administrative planning area of each Mid-Atlantic State 

7 extends from the coastal shoreline at the northern and 

8 southern borders, respectively, of such State to the outer 

9 boundary of the Exclusive Economic Zone. 

10 (b) LIMITATION.—Nothing in this section affects any 

11 administrative planning area for purposes of Lease Sale 

12 220. 

13 (c) DEFINITION OF MID-ATLANTIC STATE.—In this 

14 section, the term ‘‘Mid-Atlantic State’’ means each of the 

15 States of Delaware, North Carolina, Maryland, and Vir16 ginia. 

17 SEC. 6. OFFSHORE METEOROLOGICAL SITE TESTING AND 

18 MONITORING PROJECTS. 

19 (a) OFFSHORE METEOROLOGICAL PROJECT PERMIT20 TING.— 

21 (1) IN GENERAL.—The Secretary of the Inte22 rior shall by regulation require that any applicant 

23 seeking to conduct an offshore meteorological site 

24 testing and monitoring project on the outer Conti25 nental Shelf (as that term is defined in the Outer 


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1 Continental Shelf Lands Act (43 U.S.C. 1331 et 

2 seq.)) must obtain a permit and right of way for the 

3 project in accordance with this subsection. 

4 (2) PERMIT AND RIGHT-OF-WAY TIMELINE AND

5 CONDITIONS.— 

6 (A) DEADLINE FOR APPROVAL.—The Sec7 retary shall decide whether to issue a permit 

8 and right of way for an offshore meteorological 

9 site testing and monitoring project within 30 

10 days after receiving an application. 

11 (B) PUBLIC COMMENT AND CONSULTA12 TION.—During the period referred to in sub13 paragraph (A), the Secretary shall— 

14 (i) provide an opportunity for submis15 sion of comments by the public; and 

16 (ii) consult with the Secretary of De17 fense, the Commandant of the Coast 

18 Guard, and the heads of other Federal, 

19 State, and local agencies that would be af20 fected by issuance of the permit and right 

21 of way. 

22 (C) DENIAL OF PERMIT; OPPORTUNITY TO

23 REMEDY DEFICIENCIES.—If the application is 

24 denied, the Secretary shall provide the appli25 cant— 


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1 (i) in writing, clear and comprehensive 

2 reasons why the application was not ap3 proved and detailed information concerning 

4 any deficiencies in the application; and 

5 (ii) an opportunity to remedy such de6 ficiencies. 

7 (b) NEPA EXCLUSION.—Section 102(2)(C) of the 

8 National Environmental Policy Act of 1969 (42 U.S.C. 

9 4332(2)(C)) shall not apply with respect to an offshore 

10 meteorological site testing and monitoring project. 

11 (c) PROTECTION OF INFORMATION.—The informa12 tion provided to the Secretary of the Interior pursuant to 

13 subsection (d)(3) shall be treated by the Secretary as pro14 prietary information and protected against disclosure. 

15 (d) DEFINITION OF AN OFFSHORE METEOROLOG16 ICAL SITE TESTING AND MONITORING PROJECT.—In this 

17 section, the term ‘‘offshore meteorological site testing and 

18 monitoring project’’ means a project carried out on or in 

19 the waters of the Outer Continental Shelf administered 

20 by the Department of the Interior to test or monitor 

21 weather (including wind, tidal, current, and solar energy) 

22 using towers, buoys, or other temporary ocean infrastruc23 ture, that— 

24 (1) causes— 


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1 (A) less than 1 acre of surface or seafloor 

2 disruption at the location of each meteorological 

3 tower or other device; and 

4 (B) not more than 5 acres of surface or 

5 seafloor disruption within the proposed area af6 fected by for the project (including hazards to 

7 navigation); 

8 (2) is decommissioned not more than 5 years 

9 after the date of commencement of the project, in10 cluding— 

11 (A) removal of towers, buoys, or other tem12 porary ocean infrastructure from the project 

13 site; and 

14 (B) restoration of the project site to ap15 proximately the original condition of the site; 

16 and 

17 (3) provides meteorological information ob18 tained by the project to the Secretary of the Inte19 rior. 

Æ 


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