Page:United States Statutes at Large Volume 119.djvu/763

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 745

Act of 1980 (42 U.S.C. 9101 et seq.), or other applicable law, if those activities— ‘‘(A) support exploration, development, production, or storage of oil or natural gas, except that a lease, easement, or right-of-way shall not be granted in an area in which oil and gas preleasing, leasing, and related activities are prohibited by a moratorium; ‘‘(B) support transportation of oil or natural gas, excluding shipping activities; ‘‘(C) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or ‘‘(D) use, for energy-related purposes or for other authorized marine-related purposes, facilities currently or previously used for activities authorized under this Act, except that any oil and gas energy-related uses shall not be authorized in areas in which oil and gas preleasing, leasing, and related activities are prohibited by a moratorium. ‘‘(2) PAYMENTS AND REVENUES.—(A) The Secretary shall establish royalties, fees, rentals, bonuses, or other payments to ensure a fair return to the United States for any lease, easement, or right-of-way granted under this subsection. ‘‘(B) The Secretary shall provide for the payment of 27 percent of the revenues received by the Federal Government as a result of payments under this section from projects that are located wholly or partially within the area extending three nautical miles seaward of State submerged lands. Payments shall be made based on a formula established by the Secretary by rulemaking no later than 180 days after the date of enactment of this section that provides for equitable distribution, based on proximity to the project, among coastal states that have a coastline that is located within 15 miles of the geographic center of the project. ‘‘(3) COMPETITIVE OR NONCOMPETITIVE BASIS.—Except with respect to projects that meet the criteria established under section 388(d) of the Energy Policy Act of 2005, the Secretary shall issue a lease, easement, or right-of-way under paragraph (1) on a competitive basis unless the Secretary determines after public notice of a proposed lease, easement, or rightof-way that there is no competitive interest. ‘‘(4) REQUIREMENTS.—The Secretary shall ensure that any activity under this subsection is carried out in a manner that provides for— ‘‘(A) safety; ‘‘(B) protection of the environment; ‘‘(C) prevention of waste; ‘‘(D) conservation of the natural resources of the outer Continental Shelf; ‘‘(E) coordination with relevant Federal agencies; ‘‘(F) protection of national security interests of the United States; ‘‘(G) protection of correlative rights in the outer Continental Shelf; ‘‘(H) a fair return to the United States for any lease, easement, or right-of-way under this subsection;

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