Item 6BAGENDA ITEM #6B
MARCH 27, 2006
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
SUPPORTING THE PERMANENT PROTECTION FOR FLORIDA ACT OF
2006, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, for many years the State of Florida has been under pressure to support
initiatives designed to allow offshore drilling off the coast of Florida in the Gulf of Mexico, and
WHEREAS, although these efforts have been previously defeated, the United States
Congress is again considering whether such drilling should occur adjacent to the State of Florida,
and
WHEREAS, the Department of the Interior has prepared the 2007-2012 Offshore Drilling
Plan for the Gulf of Mexico that includes a proposal to give the State of Louisiana the authority over
portions of Florida waters, and that if the plan to grant authority over Lease Sale Area 181 to
Louisiana is approved, it bears the potential to allow drilling in Florida waters, and
WHEREAS, any such action is contrary to the consistent opposition of Floridians to oil
exploration in Florida waters and will undermine Florida's efforts to protect local waters and our
coastline, and
WHEREAS, this component of the offshore drilling plan should be challenged and Florida
should seek to maintain its right to manage its own waters in accordance with the community and
environmental standards that its citizens demand, and
WHEREAS, Florida Senators Mel Martinez and Bill Nelson have introduced a bill known
as the Permanent Protection For Florida Act of 2006, which would permanently prohibit offshore
drilling on the outer Continental Shelf off the State of Florida, including Lease Sale Area 181,
which, under the Department of the Interior 2007-2012 Offshore Drilling Plan for the Gulf of
Mexico, would give the State of Louisiana authority over portions of Florida waters, including
Lease Sale Area 181, and
WHEREAS, the Permanent Protection for Florida Act 2006 is a bipartisan bill that
proposes to protect Florida's unique environment and tourism dependent economy from the threat
of offshore drilling.
NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach
as follows:
SF,('.TTnN 1. The City Commission of the City of Atlantic Beach hereby supports the
passage of the Permanent Protection for Florida Act of 2006.
SF,C'TTnN 2. This Resolution shall be spread upon the minutes of the City of Atlantic
Beach and copies shall be provided to all members of the United States Congress representing the
AGENDA ITEM #6B
MARCH 27, 2006
State of Florida and other officials as deemed appropriate by the City.
SF,('TinN 3_ This Resolution shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission this day of , 2006.
ATTEST:
Donna L. Bussey, City Clerk Donald M. Wolfson
Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM #6B
MARCH 27, 2006
II
109TH CONGRESS ~ • 2 2 3 9
2D SESSION
To prohibit offshore drill; ~ on the outer Contincntol Shelf o~ the State
of Florida, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FrBRUARY 1, 2006
Mr. M~,TINFZ (for himself and Mr. NELSON of Florida) introduced the fol-
lowing bill; which was read twice and referred to the Committee on En-
ergy 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 Representa-
2 fives 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".
fi SEC. 2. PROHIBITION ON OIL AND GAS PRODUCTION IN
7 FLORIDA ERCLUSION ZONE.
8 The Outer Continental Shelf Lands Act is amended
9 by inserting after section S (43 U.S.C. 1337) the fol-
10 lowing:
AGENDA ITEM #6B
MARCH 27, 2006
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1 "SEC. 8A. PROHIBITION ON OIL AND GAS PRODUCTION IN
2 FLORIDA E%CLUSION ZONE.
3 "(a) DEFINITIONS. In this section:
4 "(1) FLORIDA EXCLUSION zoNE.-The term
5 `Florida exclusion zone' rncans 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 Mex-
16 ico;
17 "(D) the Straits of Florida planning area;
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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 NIISSION LINE.-The term `Mili-
23 tary Mission Line' means-
24 "(A) the 86°41' north-south line of lon-
25 gitude; or
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AGENDA ITEM #6B
MARCH 27, 2006
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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 en-
s actment of this section.
6 "(3) NON-PRODUCING LEASE.-The term `non-
? 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 QENERAL.-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) Gx~AT LAKES.-It is the sense of Con-
18 gress that States are encouraged not to issue aper-
19 mit or lease for new oil and natural gas slant, diree-
20 tional, or offshore drilling in or under any of the
21 Great Lakes (as described in section 386 of the En-
22 ergy Policy Act of 2005 (42 U.S.C. 15941)).
23 "(3) APPLICATION.-This subsection applies
24 to-
25 "(A} anon-producing lease; and
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AGENDA ITEM #6B
MARCH 27, 2006
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1 "(B} anon-producing lease that would oth-
2 erwise be entered into on or after the date of
3 enactment of this section.
4 "(e) WTI-IDRAwAL.-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 De-
l l paxtment of the Interior.
12 "(d} RELINQUISIiMENT OF CERTAIN LEASES.-
13 "(1) IN (IENERAL.-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-pro-
20 ducing, or in suspension as of the date of enactment
21 of this section is relinquished and abandoned in ex-
22 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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AGENDA ITEM #6B
MARCH 27, 2006
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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 relin-
9 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 lo-
22 Gated within the boundaries of the Flower Gar-
23 den Banks National Marine Sanctuary; or
24 "(C) any outer Continental Shelf tract lo-
25 Gated outside the boundaries of the Florida ex-
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AGENDA ITEM #6B
MARCH 27, 2006
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elusion zone and within the Eastern planning
area of the Gulf of Mexico.
"(4} WAIVER OF RENTS AND ROYALTIES.-
"(A) IN GENERAL.-The Secretary shall
allow an eligible lessee covered by paragraph
(1) to withhold from payment any royalty or
rent due to the United States under this Act.
"(B) JUDICIAL REVrEw. Any disagree-
ment between an eligible lessee and the Sec-
retary regarding the amount of royalty or rent
forgiveness described in subparagraph (A) shall
be subject to judicial review.
"(e) ADMINISTRATION.-
"(1) OTHER SECTIONS OF ACT.-Beginning on
the date of enactment of this section, other sections
of this Act shall not apply to-
"(A) any area in which leasing is prohib-
ited under subsection (b);
"(B) any area that is withdrawn under
subsection (c); or
"(C) any area subject to a lease that is re-
linquished under subsection (d).
"(2) INVENTORY.-The areas described in sub-
paragraphs (A), (B}, and (C) of paragraph (1), as
well as the areas currently under moratorium in the
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AGENDA ITEM #6B
MARCH 27, 2006
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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 Conti-
4 nental Shelf from Leasing Disposition' (34 Weekly
5 Comp. Yres. lloc. 1111, dated June 12, 1998), shall
6 not be subject to an inventory conducted under sec-
? 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 ma-
14 rine sanctuary under the Marine Protection, Re-
15 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 REPAIl3, OF EXISTIN(I
19 PII'ELINES.-Nothing in this section precludes-
20 "(A) the inspection, monitoring, or repair
21 of pre-existing subsea oil and natural gas pipe-
22 lines under Federal law (including regulations)
23 pertaining to pipeline safety and environmental
24 protection; or
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MARCH 27, 2006
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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) CONnvrERCIAL AND SPORT FISHING.-Noth-
5 ing in this section affects any regulation or manage-
6 meat of commercial or sport fishing, or routine oper-
7 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
1.5 "(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 Na-
22 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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AGENDA ITEM #6B
MARCH 27, 2006
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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 re-
6 (erred 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 pro-
11 tected waters of the Florida Exclusion Zone;
12 "(ii) are not protected by the document en-
13 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 fed-
19 erally protected area.".
20 SEC. S. EXTENSION OF DEFERRAL.
21 Notwithstanding the document entitled "Memo-
22 random 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,
25 199$)", the expiration date for the withdrawal of areas
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AGENDA ITEM #6B
MARCH 27, 2006
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1 of the outer Continental Shelf described in the first para-
2 graph of that Memorandum shall be extended until June
3 30, 2020.
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