```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1276

  To amend the Gulf of Mexico Energy Security Act of 2006 to increase 
energy exploration and production on the outer Continental Shelf in the 
                Gulf of Mexico, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2015

 Mr. Cassidy (for himself, Mr. Vitter, Mr. Wicker, Mr. Cornyn, and Mr. 
   Cochran) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To amend the Gulf of Mexico Energy Security Act of 2006 to increase 
energy exploration and production on the outer Continental Shelf in the 
                Gulf of Mexico, 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 ``Offshore Energy and Jobs Act of 
2015''.

SEC. 2. OUTER CONTINENTAL SHELF LEASING PROGRAM REFORMS.

    Section 18(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344(a)) is amended by adding at the end the following:
            ``(5)(A) In this paragraph, the term `available unleased 
        acreage' means that portion of the outer Continental Shelf that 
        is not under lease at the time of a proposed lease sale, and 
        that has not otherwise been made unavailable for leasing by law 
        in the Gulf of Mexico.
            ``(B) In each oil and gas leasing program under this 
        section, the Secretary shall make available for leasing, and 
        conduct lease sales including, at least 50 percent of the 
        available unleased acreage within each outer Continental Shelf 
        planning area in the Gulf of Mexico considered to have the 
        largest undiscovered, technically recoverable oil and gas 
        resources (on a total btu basis) based on the most recent 
        national geologic assessment of the outer Continental Shelf, 
        with an emphasis on offering the most geologically prospective 
        parts of the planning area.
            ``(6)(A) The Secretary shall include in each proposed oil 
        and gas leasing program under this section any State 
        subdivision of an outer Continental Shelf planning area in the 
        Gulf of Mexico that the Governor of the State that represents 
        that subdivision requests be made available for leasing.
            ``(B) The Secretary may not remove a subdivision described 
        in subparagraph (A) from the program until publication of the 
        final program.
            ``(7)(A) The Secretary shall make available for leasing 
        under each 5-year oil and gas leasing program under this 
        section any outer Continental Shelf planning area in the Gulf 
        of Mexico that--
                    ``(i) is estimated to contain more than 
                2,500,000,000 barrels of oil; or
                    ``(ii) is estimated to contain more than 
                7,500,000,000,000 cubic feet of natural gas.
            ``(B) To determine which planning areas meet the criteria 
        described in subparagraph (A), the Secretary shall use the 
        document entitled `Bureau of Ocean Energy Management Assessment 
        of Undiscovered Technically Recoverable Oil and Gas Resources 
        of the Nation's Outer Continental Shelf, 2011'.''.

SEC. 3. MORATORIUM ON OIL AND GAS LEASING IN CERTAIN AREAS OF THE GULF 
              OF MEXICO.

    (a) Definition of Military Mission Line.--Section 102 of the Gulf 
of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
109-432) is amended by striking paragraph (8) and inserting the 
following:
            ``(8) Military mission line.--The term `Military Mission 
        Line' means the western border of the Eastern Planning Area 
        extending from the State of Florida waters to the point that is 
        50 miles south in the Gulf of Mexico.''.
    (b) Moratorium.--Section 104(a) of the Gulf of Mexico Energy 
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is 
amended--
            (1) in paragraph (2), by striking ``125'' and inserting 
        ``50''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) any area in the Central Planning Area that is 
        within--
                    ``(A) the 181 Area; or
                    ``(B) 50 miles off the coastline of the State of 
                Florida.''.

SEC. 4. REQUIREMENT TO IMPLEMENT PROPOSED 2017-2022 OIL AND GAS LEASING 
              PROGRAM.

    (a) In General.--Except as otherwise provided in this Act and the 
amendments made by this Act, the Secretary of the Interior shall 
implement the Proposed Final Outer Continental Shelf Oil & Gas Leasing 
Program (2017-2022) in accordance with the schedule for conducting oil 
and gas lease sales set forth in that proposed program, the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and other 
applicable law.
    (b) Modified and Additional Lease Sales.--Notwithstanding 
subsection (a) and the schedule of lease sales in the Proposed Final 
Outer Continental Shelf Oil & Gas Leasing Program (2017-2022), the 
Secretary shall conduct under the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.) certain oil and gas lease sales in OCS Planning 
Areas in accordance with the schedule set forth in following table:

------------------------------------------------------------------------
          Lease Sale No.              OCS Planning Area         Year
------------------------------------------------------------------------
300..............................  Eastern Gulf of Mexico  2018
301..............................  Eastern Gulf of Mexico  2019
302..............................  Eastern Gulf of Mexico  2020.
------------------------------------------------------------------------

    (c) Lease Sales Described.--For purposes of subsection (b), lease 
sale numbers 300, 301, and 302 shall be conducted--
            (1) for lease tracts in the Eastern Planning Area, as 
        determined by and at the discretion of the Secretary, subject 
        to subparagraph (3);
            (2) during the year specified for each such lease sale in 
        the table contained in subsection (b); and
            (3) in accordance with the applicable provisions of this 
        Act.

SEC. 5. DISPOSITION OF OUTER CONTINENTAL SHELF REVENUES TO GULF 
              PRODUCING STATES.

    (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 striking paragraph (7) and inserting the following:
            ``(7) Gulf producing state.--The term `Gulf producing 
        State' means--
                    ``(A) each of the States of Alabama, Louisiana, 
                Mississippi, and Texas; and
                    ``(B) effective beginning in fiscal year 2017, the 
                State of Florida.''; and
            (2) in paragraph (9)(A)--
                    (A) in clause (i)(II), by striking ``and'' at the 
                end; and
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) with respect to the Gulf producing 
                        States described in paragraph (7)(A), in the 
                        case of fiscal year 2017 and each fiscal year 
                        thereafter, all rentals, royalties, bonus bids, 
                        and other sums due and payable to the United 
                        States received on or after October 1, 2016, 
                        from leases entered into on or after December 
                        20, 2006; and
                            ``(iii) with respect to the State of 
                        Florida, all eligible rentals, royalties, bonus 
                        bids, and other sums due and payable to the 
                        United States from leases entered into in the 
                        Eastern Planning Area on or after October 1, 
                        2016.''.
    (b) Disposition of Revenues.--Section 105(a) of the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) 
is amended by striking paragraph (2) and inserting the following:
            ``(2) in the case of qualified outer Continental Shelf 
        revenues generated from outer Continental Shelf areas adjacent 
        to Gulf producing States, 50 percent in a special account in 
        the Treasury from which the Secretary shall disburse--
                    ``(A) 75 percent to Gulf producing States in 
                accordance with subsection (b); and
                    ``(B) 25 percent to provide financial assistance to 
                States in accordance with section 200305 of title 54, 
                United States Code, which shall be considered income to 
                the Land and Water Conservation Fund for purposes of 
                section 200302 of that title.''.
    (c) Limitation on Amount of Distributed Qualified Outer Continental 
Shelf Revenues.--Section 105(f) of the Gulf of Mexico Energy Security 
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by 
striking paragraph (1) and inserting the following:
            ``(1) In general.--Subject to paragraph (2), the total 
        amount of qualified outer Continental Shelf revenues described 
        in section 102(9)(A)(ii) that are made available under 
        subsection (a)(2)(A) shall not exceed--
                    ``(A) for fiscal year 2017, $500,000,000;
                    ``(B) for each of fiscal years 2018 through 2025, 
                $699,000,000; and
                    ``(C) for each of fiscal years 2026 through 2055, 
                $999,000,000.''.

SEC. 6. NATIONAL DEFENSE.

    (a) National Defense Areas.--Nothing in this Act or an amendment 
made by this Act affects the authority of the Secretary of Defense, 
with the approval of the President, to designate national defense areas 
on the outer Continental Shelf pursuant to section 12(d) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1341(d)).
    (b) Prohibition on Conflicts With Military Operations.--No person 
may engage in any exploration, development, or production of oil or 
natural gas on the outer Continental Shelf under a lease issued under 
this Act that would conflict with any military operation, as determined 
in accordance with--
            (1) the agreement entitled ``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
            (2) any revision or replacement of 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 the exploration, development, or production 
        is conducted.

SEC. 7. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.

    (a) In General.--For purposes of this Act and in order to conduct 
lease sales in accordance with the lease sale schedule established by 
this Act, the Secretary of the Interior shall prepare a multisale 
environmental impact statement under section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) for all lease sales 
required under this Act that are not included in the Proposed Final 
Outer Continental Shelf Oil & Gas Leasing Program (2017-2022).
    (b) Actions To Be Considered.--Notwithstanding section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332), with 
respect to the statement described in subsection (a), the Secretary of 
the Interior--
            (1) shall not be required--
                    (A) to identify nonleasing alternative courses of 
                action; or
                    (B) to analyze the environmental effects of any 
                alternative courses of action; and
            (2) shall only be required--
                    (A) to identify--
                            (i) a preferred action for leasing; and
                            (ii) not more than 1 alternative leasing 
                        proposal; and
                    (B) to analyze the environmental effects and 
                potential mitigation measures for the preferred action 
                and alternative leasing proposal identified under 
                subparagraph (A).

SEC. 8. COASTAL STATE AUTHORIZATION.

    Prior to publishing the programmatic environmental impact statement 
relating to any Proposed Final Outer Continental Shelf Oil and Gas 
Leasing Program, a Gulf producing State (as defined in section 102 of 
the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
Public Law 109-432)), shall have the option to enter into the offshore 
oil and gas leasing and development program described in that Proposed 
Final Outer Continental Shelf Oil and Gas Leasing Program if--
            (1) the legislature of that Gulf producing State enacts a 
        law approving entering into the program; and
            (2) that resolution is signed by the Governor of the Gulf 
        producing State.

SEC. 9. AIR EMISSIONS FROM OUTER CONTINENTAL SHELF ACTIVITIES.

    Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b)) is amended 
in the first sentence by inserting ``Florida,'' after ``Mississippi,''.

SEC. 10. OFFSHORE CERTAINTY.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the National Marine Fisheries Service.
            (2) Harassment.--The term ``harassment'' has the meaning 
        given the term in section 3 of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1362).
            (3) Request for incidental harassment authorization.--The 
        term ``request for incidental harassment authorization'' means 
        a request submitted to the Director by an individual or entity 
        subject to this Act (or an amendment made by this Act) to 
        conduct an activity in accordance with this Act (or an 
        amendment made by this Act), regardless of whether the activity 
        may result in incidental harassment of a marine mammal or 
        marine mammal stock in the wild.
    (b) Requests for Incidental Harassment Authorization.--The Director 
shall--
            (1) accept as complete a written request for incidental 
        harassment authorization by not later than 45 days after the 
        date of submission of the request for incidental harassment 
        authorization; or
            (2) provide to the requester, by not later than 15 days 
        after the date of submission of the request for incidental 
        harassment authorization, a written notice of any additional 
        information required to complete the request for incidental 
        harassment authorization.
    (c) Action on Submission of Additional Information.--The Director 
shall--
            (1) accept as complete a request for incidental harassment 
        authorization by not later than 30 days after the date of 
        submission of any additional information required under 
        subsection (b)(2); or
            (2) return the request for incidental harassment 
        authorization to the requester, together with a written 
        explanation of the reasons for denial of the request for 
        incidental harassment authorization.
    (d) Failure To Respond.--If the Director fails to respond to a 
request for incidental harassment authorization in accordance with an 
applicable deadline under subsection (b) or (c), the request for 
incidental harassment authorization shall be considered to be complete.
    (e) Treatment of Complete Requests for Incidental Harassment 
Authorization.--The Director shall proceed with a request for 
incidental harassment authorization that is accepted as, or considered 
to be, complete under subsection (b)(1), (c)(1), or (d) in accordance 
with section 101(a) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1371(a)).

SEC. 11. CONTINUOUS OPERATIONS RULE.

    The Secretary of the Interior shall amend the regulation issued 
under section 250.180 of title 30, Code of Federal Regulations, so that 
any requirement in that regulation for continuous operation is for a 
period of 270 days instead of 180 days.

SEC. 12. EXPEDITED JUDICIAL REVIEW.

    (a) Definition of Covered Energy Development.--In this section, the 
term ``covered energy development'' means any action or decision by a 
Federal official regarding--
            (1) the leasing of offshore Federal land (including 
        submerged land) in the outer Continental Shelf for the 
        exploration, development, production, processing, or 
        transmission of oil, natural gas, or any other source or form 
        of energy, including actions and decisions regarding the 
        selection or offering of offshore Federal land in the outer 
        Continental Shelf for such leasing; or
            (2) any action under a lease described in paragraph (1), 
        except that this section shall not apply to a dispute between 
        the parties to a lease entered into under a provision of law 
        authorizing the lease regarding obligations under the lease or 
        the alleged breach of the lease.
    (b) Exclusive Jurisdiction Over Causes and Claims Relating to 
Covered Energy Development.--Notwithstanding any other provision of 
law, the United States District Court for the District of Columbia 
shall have exclusive jurisdiction to hear all causes and claims under 
this section or any other Federal law that arise from any covered 
energy development, except for any cause or claim arising under the 
jurisdiction of the United States Court of Appeals for the Fifth 
Circuit, and brought in a United States court within that circuit.
    (c) Time for Filing Complaint.--
            (1) In general.--Each case or claim described in subsection 
        (b) shall be filed not later than the end of the 60-day period 
        beginning on the date of the action or decision by a Federal 
        official on the covered energy development concerned.
            (2) Prohibition.--Any cause or claim described in 
        subsection (b) that is not filed within the time period 
        described in paragraph (1) shall be barred.
    (d) District Court for District of Columbia Deadline.--
            (1) In general.--Each proceeding that is subject to 
        subsection (b) shall--
                    (A) be resolved as expeditiously as practicable and 
                in any event by not later than 180 days after the date 
                the cause or claim is filed; and
                    (B) take precedence over all other pending matters 
                before the District Court for the District of Columbia.
            (2) Failure to comply with deadline.--If an interlocutory 
        or final judgment, decree, or order has not been issued by the 
        District Court for the District of Columbia by the deadline 
        described in paragraph (1), the cause or claim shall be 
        dismissed with prejudice and all rights relating to the cause 
        or claim shall be terminated.
    (e) Ability To Seek Appellate Review.--An interlocutory or final 
judgment, decree, or order of the District Court for the District of 
Columbia under this section may be reviewed by no other court except 
the Supreme Court.

SEC. 13. GAO REPORT ON CUMULATIVE COST OF REGULATION FOR OFFSHORE 
              ENERGY PRODUCTION.

    The Comptroller General of the United States shall--
            (1) conduct more accurate estimates of the cost of 
        complying with major Federal rules relating to offshore energy 
        development and production activities on the outer Continental 
        Shelf; and
            (2) submit to the appropriate committees of Congress a 
        report describing the results of the estimates calculated under 
        paragraph (1).
                                 <all>
```