II 

109TH CONGRESS 

2D SESSION S. 2239 

To prohibit offshore drilling on the outer Continental Shelf off the State 

of Florida, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2006 

Mr. MARTINEZ (for himself and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To prohibit offshore drilling on the outer Continental Shelf 

off the State of Florida, 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 ‘‘Permanent Protection 

5 for Florida Act of 2006’’. 

6 SEC. 2. PROHIBITION ON OIL AND GAS PRODUCTION IN 

7 FLORIDA EXCLUSION ZONE. 

8 The Outer Continental Shelf Lands Act is amended 

9 by inserting after section 8 (43 U.S.C. 1337) the fol10 lowing: 
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1 ‘‘SEC. 8A. PROHIBITION ON OIL AND GAS PRODUCTION IN 

2 FLORIDA EXCLUSION ZONE. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) FLORIDA EXCLUSION ZONE.—The term 

5 ‘Florida exclusion zone’ means the area located— 

6 ‘‘(A) east of the red line (as depicted on 

7 the Minerals Management Service map entitled 

8 ‘Florida Map 1’, dated January 23, 2006); 

9 ‘‘(B) 25 miles west of the Military Mission 

10 Line (as depicted on the Minerals Management 

11 Service map entitled ‘Florida Map 1’, dated 

12 January 23, 2006); 

13 ‘‘(C) 150 miles off the Florida Panhandle, 

14 including the area commonly known as the 

15 ‘Stovepipe’ in the 181 Area in the Gulf of Mex16 ico; 

17 ‘‘(D) the Straits of Florida planning area; 

18 and 

19 ‘‘(E) 150 miles off the Florida east coast 

20 that extends from the Straits of the Florida 

21 planning area to the Florida-Georgia border. 

22 ‘‘(2) MILITARY MISSION LINE.—The term ‘Mili23 tary Mission Line’ means— 

24 ‘‘(A) the 86°41′ north-south line of lon25 gitude; or 
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1 ‘‘(B) a line not more than 25 miles west 

2 of the line described in subparagraph (1), as 

3 determined by the Secretary of Defense during 

4 the 5-year period beginning on the date of en5 actment of this section. 

6 ‘‘(3) NON-PRODUCING LEASE.—The term ‘non7 producing lease’ means a lease for the production of 

8 oil, natural gas, or any other mineral in the Florida 

9 exclusion zone that is in existence and in good 

10 standing on the date of enactment of this section. 

11 ‘‘(b) EXCLUSION ZONE.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, the Secretary shall not issue a lease 

14 for the exploration, development, or production of 

15 oil, natural gas, or any other mineral in the Florida 

16 exclusion zone. 

17 ‘‘(2) GREAT LAKES.—It is the sense of Con18 gress that States are encouraged not to issue a per19 mit or lease for new oil and natural gas slant, direc20 tional, or offshore drilling in or under any of the 

21 Great Lakes (as described in section 386 of the En22 ergy Policy Act of 2005 (42 U.S.C. 15941)). 

23 ‘‘(3) APPLICATION.—This subsection applies 

24 to— 

25 ‘‘(A) a non-producing lease; and 
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1 ‘‘(B) a non-producing lease that would oth2 erwise be entered into on or after the date of 

3 enactment of this section. 

4 ‘‘(c) WITHDRAWAL.—The Florida exclusion zone is 

5 withdrawn from— 

6 ‘‘(1) any outer Continental Shelf protraction 

7 diagram prepared by the Minerals Management 

8 Service; and 

9 ‘‘(2) consideration for inclusion in any 5-year 

10 outer Continental Shelf leasing program of the De11 partment of the Interior. 

12 ‘‘(d) RELINQUISHMENT OF CERTAIN LEASES.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraphs (2), 

14 (3), and (4), any non-producing or similar lease that 

15 is suspended on the date of enactment of this section 

16 in the Eastern planning area of the Gulf of Mexico 

17 (other than Lease Sale 181, as identified in the final 

18 outer Continental Shelf 5-Year Oil and Gas Leasing 

19 Program for 2002–2007) that is active, non-pro20 ducing, or in suspension as of the date of enactment 

21 of this section is relinquished and abandoned in ex22 change for royalty forgiveness for revenue streams 

23 owed by oil and gas lessees producing on that date 

24 in the Central and Western planning areas of the 

25 Gulf of Mexico. 
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1 ‘‘(2) RESTORATION OF LEASED SEA FLOOR.—A 

2 lessee of a relinquished and abandoned lease shall— 

3 ‘‘(A) remove all existing boreholes, 

4 wellheads, and ancillary equipment located on 

5 the leased sea floor; and 

6 ‘‘(B) restore the sea floor as nearly as 

7 practicable to pre-lease condition. 

8 ‘‘(3) INELIGIBLE LESSEE.—A lessee of a relin9 quished and abandoned lease is ineligible for royalty 

10 forgiveness if the lease involves— 

11 ‘‘(A) an outer Continental Shelf tract in 

12 the Central or Western planning area of the 

13 Gulf of Mexico subject to royalty deferrals or 

14 royalty forgiveness pursuant to— 

15 ‘‘(i) the notice of proposed rulemaking 

16 entitled ‘Relief or Reduction in Royalty 

17 Rates—Deep Gas Provisions’ (68 Fed. 

18 Reg. 14868); or 

19 ‘‘(ii) any other Federal law (including 

20 regulations); 

21 ‘‘(B) an outer Continental Shelf tract lo22 cated within the boundaries of the Flower Gar23 den Banks National Marine Sanctuary; or 

24 ‘‘(C) any outer Continental Shelf tract lo25 cated outside the boundaries of the Florida ex-
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1 clusion zone and within the Eastern planning 

2 area of the Gulf of Mexico. 

3 ‘‘(4) WAIVER OF RENTS AND ROYALTIES.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 allow an eligible lessee covered by paragraph 

6 (1) to withhold from payment any royalty or 

7 rent due to the United States under this Act. 

8 ‘‘(B) JUDICIAL REVIEW.—Any disagree9 ment between an eligible lessee and the Sec10 retary regarding the amount of royalty or rent 

11 forgiveness described in subparagraph (A) shall 

12 be subject to judicial review. 

13 ‘‘(e) ADMINISTRATION.— 

14 ‘‘(1) OTHER SECTIONS OF ACT.—Beginning on 

15 the date of enactment of this section, other sections 

16 of this Act shall not apply to— 

17 ‘‘(A) any area in which leasing is prohib18 ited under subsection (b); 

19 ‘‘(B) any area that is withdrawn under 

20 subsection (c); or 

21 ‘‘(C) any area subject to a lease that is re22 linquished under subsection (d). 

23 ‘‘(2) INVENTORY.—The areas described in sub24 paragraphs (A), (B), and (C) of paragraph (1), as 

25 well as the areas currently under moratorium in the 
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1 outer Continental Shelf and the areas protected by 

2 the document entitled ‘Memorandum on Withdrawal 

3 of Certain Areas of the United States Outer Conti4 nental Shelf from Leasing Disposition’ (34 Weekly 

5 Comp. Pres. Doc. 1111, dated June 12, 1998), shall 

6 not be subject to an inventory conducted under sec7 tion 357 of the Energy Policy Act of 2005 (42 

8 U.S.C. 15912). 

9 ‘‘(3) NATIONAL MARINE SANCTUARY.—Nothing 

10 in this section precludes the Secretary of Commerce, 

11 acting through the Director of the National Marine 

12 Sanctuary Program, from considering any portion of 

13 the Florida exclusion zone for designation as a ma14 rine sanctuary under the Marine Protection, Re15 search, and Sanctuaries Act of 1972 (33 U.S.C. 

16 1401 et seq.) (commonly known as the ‘Ocean 

17 Dumping Act’). 

18 ‘‘(4) MAINTENANCE AND REPAIR OF EXISTING

19 PIPELINES.—Nothing in this section precludes— 

20 ‘‘(A) the inspection, monitoring, or repair 

21 of pre-existing subsea oil and natural gas pipe22 lines under Federal law (including regulations) 

23 pertaining to pipeline safety and environmental 

24 protection; or 
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1 ‘‘(B) the replacement in situ of preexisting 

2 subsea oil or natural gas pipelines under that 

3 Federal law. 

4 ‘‘(5) COMMERCIAL AND SPORT FISHING.—Noth5 ing in this section affects any regulation or manage6 ment of commercial or sport fishing, or routine oper7 ation or transit of fishing or recreational vessels, 

8 within the Florida exclusion zone. 

9 ‘‘(6) MILITARY ACTIVITIES.—Nothing in this 

10 section limits any military ship, submarine, aircraft, 

11 or amphibious vessel activity conducted as part of— 

12 ‘‘(A) military exercises; 

13 ‘‘(B) routine transit; 

14 ‘‘(C) military preparedness; or 

15 ‘‘(D) rescue operations. 

16 ‘‘(f) CONDITIONS FOR LEASING IN OTHER AREAS.— 

17 ‘‘(1) IN GENERAL.—With respect to Federal 

18 leasing on the outer Continental Shelf in the areas 

19 described in paragraph (2)— 

20 ‘‘(A) each individual lease sale shall be 

21 subject to the review process under the Na22 tional Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.), including the completion 

24 of an environmental impact statement for the 

25 lease sale; and 
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1 ‘‘(B) all pre-lease and leasing activities 

2 shall proceed only if best available and safest 

3 technologies, as described in 21(b), are required 

4 for all phases of operations. 

5 ‘‘(2) DESCRIPTION OF AREAS.—The areas re6 ferred to in paragraph (1) are areas on the outer 

7 Continental Shelf that— 

8 ‘‘(A) are not specifically covered by this 

9 Act; and 

10 ‘‘(B)(i) are not located within the pro11 tected waters of the Florida Exclusion Zone; 

12 ‘‘(ii) are not protected by the document en13 titled ‘Memorandum on Withdrawal of Certain 

14 Areas of the United States Outer Continental 

15 Shelf from Leasing Disposition’ (34 Weekly 

16 Comp. Pres. Doc. 1111, dated June 12, 1998); 

17 or 

18 ‘‘(iii) are not located within any other fed19 erally protected area.’’. 

20 SEC. 3. EXTENSION OF DEFERRAL. 

21 Notwithstanding the document entitled ‘‘Memo22 randum on Withdrawal of Certain Areas of the United 

23 States Outer Continental Shelf from Leasing Disposition 

24 (34 Weekly Comp. Pres. Doc. 1111, dated June 12, 

25 1998)’’, the expiration date for the withdrawal of areas 
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1 of the outer Continental Shelf described in the first para2 graph of that Memorandum shall be extended until June 

3 30, 2020. 

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