Item I3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 March 2006
Division:
Growth Management
Bulk Item: Yes X No
Department
Commissioner Neugent
Staff Contact:
Commissioner Neugent
AGENDA ITEM 'VORDING:
Adoption of a Resolution supporting the passage of House Bill 4783, the Permanent Protection of Florida Act of
2006 directing staff to transmit said Resolution to Florida's Governor and Cabinet, the State's Congressional
delegation, and the sponsors of House Bill 4783 and any similar legislation developed in the United States
Senate.
ITEM BACKGROUND:
Several Congressional Representatives have proposed a Bill, House Bill 4783 called the Permanent Protection
of Florida Act of 2006. The purpose of this legislation is to permanently protect the Florida coast from the
potential of oil and gas exploration or from actual production. This legislation has been developed in the face of
current very strong efforts to once again open the west Florida Shelf to such activities.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NA
ST AFF RECOMMENDATIONS;
Approval
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY:
None
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X AMOUNT Per Month
Year
APPROVED BY: County Atty -L OMB/Purchasing NA
DIVISION DIRECTOR APPROVAL:
Risk Management
/)
a Norman, Acting Director of Growth Mfagement
i I
DOCUMENTATION: Included -L Not Required
DISPOSITION: AGENDA ITEM NO.:
BC060330.doc
2128/2006 12: l6:00 PM
Commissioner Neugent
RESOLUTION NO. 2006
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS IN SUPPORT OF U.S. HOUSE OF
REPRESENTATIVES BILL 4783, THE "PERMANENT
PROTECTION OF FLORIDA ACT OF 2006," WHOSE
PURPOSE IS TO PROTECT FLORIDA FROM THE
POTENTIAL IMPACTS OF OIL AND NATURAL GAS
EXPLORATION AND PRODUCTION ALONG OUR FLORIDA
COAST AND DIRECTING STAFF TO PROVIDE SAID
RESOLUTION TO THE FLORIDA GOVERNOR AND
CABINET, THE STATE'S CONGRESSIONAL DELEGATION,
AND TO APPROPRIATE SPONSORS OF SAID
LEGISLATION IN CONGRESS.
WHEREAS, the Florida coast and particularly the Florida Keys provide the
American public with one of the nation's great tropical and subtropical vistas on
the Gulf of Mexico and Atlantic Ocean; and
WHEREAS, these visual amenities of Florida form the basis for the State
and County's tourist and retiree based economies; and
WHEREAS, Florida and particularly the Florida Keys provide seafood
lovers with a substantial percentage of the nation's marine harvest, from snapper
and grouper to lobster and stone crab; and
WHEREAS, the initiation of oil and gas exploration and production creates
a substantial risk to the state of Florida and the Florida Keys, as a result of changed
perceptions about the beauty of Florida's coastline and the Florida Keys; and
WHEREAS, the Florida Keys are one of the premier sport fishing
destinations in the world; and
WHEREAS, the potential for oil and gas to impact the natural beauty and
resources of the State and Florida Keys due to accident or an act of god is a risk
that is simply too great to accept; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT:
BC060331 Res HR4783.doc
2/28/2006 12:16 PM
Commissioner Neugent
Section 1. The Monroe County Board of Commissioners WHOLE
HEARTEDL Y support by this Resolution, House Bill 4783, the "Permanent
Protection of Florida Act of 2006; and
Section 2. Staff is directed to provide this adopted Resolution to Florida's
Governor and Cabinet, the State's legislative delegation to Congress, and to the
appropriate Congressional sponsors of House Bill 4783 and any similar Bills
developed in the United States Senate.
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on the 15th day
of March, A.D., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro TemMurray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MA YOR/CHAIR PERSON
(SEAL)
ATTEST:
DANNY 1. KOLHAGE, CLERK
BY:
APPROVED AS TO FORM
DEPUTY CLERK
8C060331 Res HR4783.doc
2/28/2006 12: 16:00 PM
I
l09TH eX)NG]{ESS H R 4783
2D SE8STOX ..
To prohibit ot'fshore drilling- Oil the mH.cl' Continental Shelf off the State
of Florida, and for other purpose".
IN TIfE II()USE OJ<'" REPRESENrrA'l'TVES
FEBRUARY 1 G, 200G
l\k DAYIS of Florida (for himself, Mr. HASTINGS of Florida, 1\11'. BoYT), and
Ms. CORRTNE BROIVN of Florida) introduced the following- hill; whidl was
refern,d to the COHllnittc;(' on HOSOlll'en.;
A BILL
To prohil)it offshore (h'illing on the outer Continental Shelf
off the State of Florida, and for other purposes.
1 Be -it enacted by the Senate and House (~l Representa-
2 hves (~l the United States (~rAnler.ica 'in CJongress assembled,
3 SECTION 1. SHORT TITLE.
4 This Aet may be eited as the dl\lrmanent Proteetion
5 for Florida j\ct of 200G",
6 SEC. 2. PROHIBITION ON OIL AND GAS PRODUCTION IN
7 FLORIDA EXCLUSION ZONE.
8 The ()utel' Continental Shelf LantIs Aet IS arnended
9 b:v inserting after seetion 8 (4:3 n.s.c. lij:37) the fol-
10 ] ()\ving:
2
1 "SEC. SA. PROHffiITION ON OIL AND GAS PRODUCTION IN
2 FLORIDA EXCLUSION ZONE.
3 "(a) DEFIXI'l'IONS.-In this section:
4 "(1) FLORIDA EXCLUSION ZONE.-The ternl
5 '}i']orida ex(~]usion zone' rneans the area located-
6 "fA) east of the red line (as depicted on
7 the ]\linera]s 1\Iamlgement Service map entitled
8 'I~1lorida Map }', dated .January 2:3, 200G);
9 "(B) 25 111ile::-; \vest of' the Militar;v Mission
10 ljine (as depieted on the Minerals l\lanagement
11 Service luap entitled 'Florida Map 1', dated
12 ;ranuar,y 2:3, 200G);
13 "(C) 150 Iniles off the I,-'lorida Panha.ndle,
14 ineluding the area eOlnmonly known as tlJC
15 'Stovepipe' in the 181 Area in the Gnlf of 1\Jex~
16 wo;
17 "(D) the Straits of F'lorida planning area;
18 and
19 "(E) 150 l11iles off the I,"1lorida east coast
20 that extends frorn the Straits of theWlorida
21 planning area to the Florida-(}eorg'iaborder.
22 <<(2) MILITARY :\IISSION LINE.-1~lle term ']\Jili-
23 taryMission Line' rneans-
24 <<fA) the 86041' north-south line of lon~
25 g'itude; or
oHR 4783 IH
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1 "(TJ) a line not rHore than 25 rniles \vest
2 of the line cleseribed in subparagTaph (1), as
3 (letermined by the Seeretary of Defense during
4 tIle 5-year period beginning on the date of en-
5 aetment of tl1is seetion,
6 "(8) NON-PRormcIXc+ LEASK-The ternl 'non-
7 producing lease' means a lease for the produetioll of
8 oil, natural gas, or any other mineral in the Florida
9 cxe1nsiOll 7:one that is in existence and in good
10 standirlg on the date of enadnwnt of this sedion.
11 d (1") J"'"XT("'!" -[""I( N Z" "")N1"
J "~~"")j;K"""L ""A". ",,-
12 d(1) IN G-ENEHAL.-Not'ivithstanding any oHler
13 provision of law, the SeeretaI"'Y' slrall not issue a lease
14 for the exploration, develo}nuent, or produetiOll of
15 oil, natural gas, or any other mineral in the Florida
16 exe1usion zone.
17 "(2) (iI-mAT L_AKES.-It is the sense of (~on-
18 gTess that States are eneom'ag-ed rIOt to issue a pe1'-
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 J Jakes (as described in section ;38G of the En-
22 ergy Poliey Act of 2005 (42 U.S.(;. 15941)).
23
"(T) AI'PLICATlON.-r!'his subsection applies
24 to--
25 "(A) a non-producing lease; and
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1 (( (B) a non-produeing lease that would Otl1-
2 erwise 1)e ellteredilltO on or after the date of
3 enaetrnent of this seetion_
4 "(e) "'\VTTTIDRAWAL.-The Florida exclusion zone IS
5 \vithdravlTn frOln-
6 "( 1) arl~T outer Continental Shelf protraction
7 diagram prepared by the 1\Iinerals Management
8 Service; and
9 "(2) consideration for inelusion in allY 5-year
10 outer Continental Shelf leasing' progTalTl of the De-
II partlnent of the Interior.
12 d(d) HELINQUISH1\lENT (}P CEHTAIN LEASES,-
13 ('{1) IN GENERAL.-Suhjeet to paragTaphs (2),
14 (:3), and (4), any non-produeing or 811nila.1' lease that
15 is suspended 011 the date of enaetment of this seetion
16 in the Eastern planning area of the (Julf of lV[exieo
17 (other than T lease Sale 181, as identified in the final
18 outer Contirwntal Shelf C:)-Year Oil al1(l (tas l..leasing-
19 PrOf.,Franl for 2002-2007) that is aetive, non-pro-
20 dueing, or in suspension as of the date of enaetrnent
21 of this section is relinquished al1(l abandoned in ex-
22 change for royalty fOI'g'iveness for revenue 8trean18
23 owed by oil and gas lessees producirlg on that date
24 in the Central andvVestern planning- areas of the
25 (iulf of Mexieo.
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1 "(2) RESTORATION OF LEAS[<~D SK\FLOOR.-.A
2 lessee of a relinquished and abandoned lease 8haJI-
3 "(1\) remove all existing boreholes,
4 \vellheads, and ancillar,y equiplnent located on
5 the leased sea floor; and
6 "(B) restore the sea floor as nearly as
7 praeticable to pre-lease cOlHlition.
8 "(~n INELIGJBLE LESSEE.-A lessee of a reI in-
9 quished a,nd abancloned lease is ineligible for royalty
10 forgiveness if the lea.se involves-
11 "(A) an outer Continental Shelf traet in
12 the Central 01' 'Vestern planning area of the
13 Gulf of l\Iexico subject to royalty deferrals or
14 royalty forgiveness pursuant to-
15 "(i) the notice of proposed rnlemaking
16 entitled 'Relief or Heduction in Royalty
17H,ates-Deep (fas I)rovisions' (G8F\~d.
18 Heg. 148(;8); or
19 "(ii) any other Pederal law (including
20 rehllllations);
21 "(B) all outer Continental Shelf tract 10-
22 cated within the bourl{]aries of the Flower (jar-
23 den Banks Natiorml Marine Sanetrulry; or
24 "((~) any outer ()ontinental Shelf traet 10-
25 cated outside the boundaries of the Florida ex-
.HR 4783 IH
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1 elusion zone and '.vithin tIle Eastern planning
2 area of the (i-ulf of Mexico.
3 d( 4) VVAIVEl1 OF RENTS AND HOYALTIES,-
4 "(A) IN (i:}JNERAL.-The Secretary shall
5 allow an e1i6rihle lessee eovered by paragraph
6 (1) to withhold froln paynlent any 1'o;va1ty or
7 rent due to the United States lmder this Ad.
8 "(B) ,JrDlcTAL RE\'1E\v.-Any disagT(~e-
9 tnel]t between an eligihle lessee and the Sec-
10 rdary regarding- the a.rnount of royalty or rent
11 t'org'iveness described in subparagraph (1\) shall
12 be subject to judicial revlevv,
13 "(e) ADl\ITNISTI1ATION.-
14 "(1) OTHER SE(jTIONS OF ACT.-BegiJming- on
15 the date of enaetrnent of this seetion, other sections
16 of this l\ct shall not apply to-
17 "(A) any area. in which leasing IS prohih-
18 ited under subseetiOll (b)j
19 "(B) any area that IS withdrawn under
20 subseetiol1 (c)j or
21 d(C) any area subject to a lease that is re-
22 linquished lIndeI' subsedion (d).
23 "(2) INV1~NTORY.-The areas described III sub-
24 parahrraphs (A)! (B), and (C) of paragraph (1), as
25 well as the areas cmrrently under tllOl'atorimllin the
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1 outer Continental Shelf and the areas proteeted by
2 the doeurnent entitled ']Vlemorandum on \Vitlldrawal
3 of C~ertain Areas of the United States ()uter C\)Ilti~
4 nental Slwlf fronl Leasing DispositiOlll (;34 \Veekly
5 Cmnp.Pres. Doe. lUll dated .hllle 12, 19~)8), shall
6 not be snbjeet to an irlventory eondueted under see~
7 tion :3f57 of the Energy Poliey Aet of 2005 (42
8 U '-' (' 1 '''-0] 2)
.0. c. .,).).. . .
9 "(:{) NATIONAL l\LAHINE SANCTUAHY.-Notlling
10 HI this seetion predudes the Seeretary of Conuner(~(~,
11 aeting through the Dil'eetor of the National Marine
12 Sanetuary I)rogram, from eonsidering any portion of
13 the Florida exelusion zone for designation as a rna-
14 rine sanetuary u1](ler the lVlarine Proteetion, Ht:-
15 seareh, and Sanetuaries .Aet of 1972 (:3:3 n.s.c.
16 1401 et seq.) (eommonly knmvn as the 'Ocean
17 DU1nping Aet').
18 "( 4) IVIAINTENANCE AND HEPAIl{ OF EA1STING
19 PIPELINES.-Nothing in this seetion preeludes-
20 "(1\) the inspeetion, monitoring, or repaIr
21 of pre~existing subsea oil arldnat.ural gas rnpe-
22 lines UlHlel' Federal law (induding regulations)
23 pertaining to pipeline safety and environmental
24 proteetion; or
.HR 4783 IH
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1 "(B) the replacement in situ of preexisting
2 subsea oil or natural gas pipelines under that
3F'ederal law.
4 "(5) CO]\n\lEI{(~IAL AND SPORT B'ISHINU-.-NotJl-
5 ing in this section affects any reg11lation or manage-
6 Inent of eomntereial or sport fishing, or routine oper-
7 ation or transit of fishing or recreational vessels,
8 "\vithin tlleFlorida exelusion zone.
9 "(G) IVrILITARY A(;'I'IVITIES.-Nothing Hl this
10 section Iirnits any rnilitary sIlip, submarine, aireraft,
11 or amphibious vessel activity condneted as part of~
12 "(A) military exercises;
13 "(B) routine transit;
14 '((C) nliIitary preparedness; or
15 (( (D) rescue operations.
16 (((f) CONDITIONS FOR LEASING IN Ch'HEH AREAS.-
17 "(1) IN GENI<JllAL.-\Vith respect. to I;\;deral
18 leasing- 011 the 01.1ter Continental Shdf in the areas
19 described in paragraph (2)-
20 "(1\) each individual lease sale shall be
21 subject to the review process under the Na-
22 tional Environrncntal Poliey Ad of 19G9 (42
23 H.S.C. 4:321 et seq.), ineluding the eornpletioll
24 of an environmental impact statement for the
25 lease sale; and
.HR 4783 IH
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1 "(B) all }H"c-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) DESCIUPTIOX OF AHEAS.-The areasre-
6 ferred to inparagrapll (1) are areas on the outer
7 (;ontinental Shelf that-
8 "(A) are not specifically covered by this
9 Act; and
10 "(13)(1) are not located within the pro-
11 teeted \vaters of the Florida Exclusion Zone;
12 "(ii) are not proteeted by HIe document en-
13 titled 'lVlenlorandum on \Vithdravval of Certain
14 Al'cas of the United States Outer Continental
15 Shelf from Leasing-Disposition' (:34 \Veekly
16 Compo Pres. Doe. 1111, elated .June 12, 1998);
17 or
18 "(iii) are not located \vithin any other fed-
19 erally protected area."
20 SEC. 3. EXTENSION OF DEFERRAL.
21 Not\vithst.aIHhng the dOCUTrlent entitled "J\IenlO-
22 ralH]unl on \VitlldrawaJ of Certain Areas of tIlt, United
23 States ()uter Continental Shelf from Leasing' Disposition
24 Uj4 \Veekly Compo Prm;;. Doc. 1111, dated .June 12,
251998}", the expiration date for the withdrawal of areas
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1 of the outer Continental Shelf deserihed in the first para-
2 graph of that Menloranduru shall be extended until .Tulle
3 ;30, 2020.
"
,_-.J
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