II 

110TH CONGRESS 

2D SESSION S. 3147 

To authorize the State of Virginia to petition for authorization to conduct 

natural gas exploration and drilling activities in the coastal zone of 

the State. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2008 

Mr. WARNER (for himself and Mr. WEBB) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To authorize the State of Virginia to petition for authorization to conduct natural gas exploration and drilling activities in the coastal zone of the State. 

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

3 SECTION 1. AVAILABILITY OF CERTAIN AREAS FOR LEAS4 ING. 

5 Section 8 of the Outer Continental Shelf Lands Act 

6 (43 U.S.C. 1337) is amended by adding at the end the 

7 following: 

8 ‘‘(q) AVAILABILITY OF CERTAIN AREAS FOR LEAS9 ING.— 


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1 ‘‘(1) DEFINITIONS.—In this subsection: 

2 ‘‘(A) ATLANTIC COASTAL STATE.—The 

3 term ‘Atlantic Coastal State’ means each of the 

4 States of Maine, New Hampshire, Massachu5 setts, Connecticut, Rhode Island, Delaware, 

6 New York, New Jersey, Maryland, Virginia, 

7 North Carolina, South Carolina, Georgia, and 

8 Florida. 

9 ‘‘(B) GOVERNOR.—The term ‘Governor’ 

10 means the Governor of the State. 

11 ‘‘(C) QUALIFIED REVENUES.—The term 

12 ‘qualified revenues’ means all rentals, royalties, 

13 bonus bids, and other sums due and payable to 

14 the United States from leases entered into on 

15 or after the date of enactment of this Act for 

16 natural gas exploration and extraction activities 

17 authorized by the Secretary under this sub18 section. 

19 ‘‘(D) STATE.—The term ‘State’ means the 

20 State of Virginia. 

21 ‘‘(2) PETITION.— 

22 ‘‘(A) IN GENERAL.—The Governor may 

23 submit to the Secretary— 

24 ‘‘(i) a petition requesting that the 

25 Secretary issue leases authorizing the conVerDate Aug 31 2005 05:05 Jun 19, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3147.IS S3147

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1 duct of natural gas exploration activities 

2 only to ascertain the presence or absence 

3 of a natural gas reserve in any area that 

4 is at least 50 miles beyond the coastal zone 

5 of the State; and 

6 ‘‘(ii) if a petition for exploration by 

7 the State described in clause (i) has been 

8 approved in accordance with paragraph (3) 

9 and the geological finding of the explo10 ration justifies extraction, a second petition 

11 requesting that the Secretary issue leases 

12 authorizing the conduct of natural gas ex13 traction activities in any area that is at 

14 least 50 miles beyond the coastal zone of 

15 the State. 

16 ‘‘(B) CONTENTS.—In any petition under 

17 subparagraph (A), the Governor shall include a 

18 detailed plan of the proposed exploration and 

19 subsequent extraction activities, as applicable. 

20 ‘‘(3) ACTION BY SECRETARY.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (F), as soon as practicable after the date 

23 of receipt of a petition under paragraph (2), the 

24 Secretary shall approve or deny the petition. 


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1 ‘‘(B) REQUIREMENTS FOR EXPLO2 RATION.—The Secretary shall not approve a pe3 tition submitted under paragraph (2)(A)(i) un4 less the State legislature has enacted legislation 

5 supporting exploration for natural gas in the 

6 coastal zone of the State. 

7 ‘‘(C) REQUIREMENTS FOR EXTRACTION.— 

8 The Secretary shall not approve a petition sub9 mitted under paragraph (2)(A)(ii) unless the 

10 State legislature has enacted legislation sup11 porting extraction for natural gas in the coastal 

12 zone of the State. 

13 ‘‘(D) CONSISTENCY WITH LEGISLATION.— 

14 The plan provided in the petition under para15 graph (2)(B) shall be consistent with the legis16 lation described in subparagraph (B) or (C), as 

17 applicable. 

18 ‘‘(E) COMMENTS FROM ATLANTIC COASTAL

19 STATES.—On receipt of a petition under para20 graph (2), the Secretary shall— 

21 ‘‘(i) provide Atlantic Coastal States 

22 with an opportunity to provide to the Sec23 retary comments on the petition; and 


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1 ‘‘(ii) take into consideration, but not 

2 be bound by, any comments received under 

3 clause (i). 

4 ‘‘(F) CONFLICTS WITH MILITARY OPER5 ATIONS.—The Secretary shall not approve a pe6 tition for a drilling activity under this para7 graph if the drilling activity would conflict with 

8 any military operation, as determined by the 

9 Secretary of Defense. 

10 ‘‘(4) DISPOSITION OF REVENUES.—Notwith11 standing section 9, for each applicable fiscal year, 

12 the Secretary of the Treasury shall deposit— 

13 ‘‘(A) 50 percent of qualified revenues in a 

14 Clean Energy Fund in the Treasury, which 

15 shall be established by the Secretary; and 

16 ‘‘(B) 50 percent of qualified revenues in a 

17 special account in the Treasury from which the 

18 Secretary shall disburse— 

19 ‘‘(i) 75 percent to the State; 

20 ‘‘(ii) 12.5 percent to provide financial 

21 assistance to States in accordance with 

22 section 6 of the Land and Water Conserva23 tion Fund Act of 1965 (16 U.S.C. 460l–8), 

24 which shall be considered income to the 

25 Land and Water Conservation Fund for 


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1 purposes of section 2 of that Act (16 

2 U.S.C. 460l–5); and 

3 ‘‘(iii) 12.5 percent to a reserve fund to 

4 be used to mitigate for any environmental 

5 damage that occurs as a result of extrac6 tion activities authorized under this sub7 section, regardless of whether the damage 

8 is— 

9 ‘‘(I) reasonably foreseeable; or 

10 ‘‘(II) caused by negligence, nat11 ural disasters, or other acts.’’. 

Æ 


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