[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4294 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4294
To empower States to manage the development and production of oil and
gas on available Federal land, to distribute revenues from oil and gas
leasing on the Outer Continental Shelf to certain coastal States, to
promote alternative energy development, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2019
Mr. Scalise (for himself, Mr. Bishop of Utah, Ms. Cheney, Mr. Gosar,
Mr. Duncan, and Mr. Mullin) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To empower States to manage the development and production of oil and
gas on available Federal land, to distribute revenues from oil and gas
leasing on the Outer Continental Shelf to certain coastal States, to
promote alternative energy development, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Energy
First Act''.
(b) Table of Contents.--The table of contents for this Act is the
following:
Sec. 1. Short title; table of contents.
TITLE I--ONSHORE OIL AND GAS
Sec. 101. Cooperative federalism in oil and gas permitting on available
Federal land.
Sec. 102. Conveyance to certain States of property interest in State
share of royalties and other payments.
Sec. 103. Access to Federal oil and gas from non-Federal surface
estate.
Sec. 104. State and Tribal authority for hydraulic fracturing
regulation.
Sec. 105. Review of Integrated Activity Plan for the National Petroleum
Reserve in Alaska.
Sec. 106. Protested lease sales.
Sec. 107. Clarification regarding liability under Migratory Bird Treaty
Act.
Sec. 108. Amendments to the Energy Policy Act of 2005.
Sec. 109. Administrative protest process reform.
Sec. 110. Notifications of permit to drill.
TITLE II--OFFSHORE OIL AND GAS
Sec. 201. Limitation of authority of the President to withdraw areas of
the Outer Continental Shelf from oil and
gas leasing.
Sec. 202. Disposition of revenues from oil and gas leasing on the Outer
Continental Shelf to Atlantic States and
Alaska.
Sec. 203. Distribution of Outer Continental Shelf revenues to Gulf
producing States.
Sec. 204. Addressing permits for taking of marine mammals.
Sec. 205. Energy Development in the Eastern Gulf of Mexico.
TITLE III--ALTERNATIVE ENERGY
Sec. 301. Geothermal, solar, and wind leasing priority areas.
Sec. 302. Geothermal production on Federal lands.
Sec. 303. Facilitation of coproduction of geothermal energy on oil and
gas leases.
Sec. 304. Noncompetitive leasing of adjoining areas for development of
geothermal resources.
Sec. 305. Application of Outer Continental Shelf Lands Act with respect
to territories of the United States.
Sec. 306. Disposition of revenues with respect to territories of the
United States.
Sec. 307. Wind lease sales for areas of Outer Continental Shelf.
Sec. 308. Establishment of Coral Reef Conservation Fund.
TITLE IV--LIMITATIONS ON LEASING MORATORIUMS
Sec. 401. Coal leases.
Sec. 402. Congressional authority requirement.
TITLE I--ONSHORE OIL AND GAS
SEC. 101. COOPERATIVE FEDERALISM IN OIL AND GAS PERMITTING ON AVAILABLE
FEDERAL LAND.
(a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is
amended--
(1) by redesignating section 44 as section 48; and
(2) by adding after section 43 the following new section:
``SEC. 44. COOPERATIVE FEDERALISM IN OIL AND GAS PERMITTING ON
AVAILABLE FEDERAL LAND.
``(a) Authorizations.--
``(1) In general.--Upon receipt of an application under
subsection (b), the Secretary may delegate to a State exclusive
authority--
``(A) to issue an Application for Permit to Drill
on available Federal land; or
``(B) to approve drilling plans on available
Federal land.
``(2) Sundry notices.--Any authorization under paragraph
(1) may, upon the request of the State, include authority to
process sundry notices.
``(3) Inspection and enforcement.--Any authorization under
paragraph (1) may, upon the request of the State, include
authorization to inspect and enforce an Application for Permit
to Drill or drilling plan, as applicable. An authorization
under paragraph (1)(A) shall not affect the ability of the
Secretary to collect inspection fees under section 108(d) of
the Federal Oil and Gas Royalty Management Act of 1982 (30
U.S.C. 1718(d)).
``(b) State Application Process.--
``(1) Submission of application.--A State may submit an
application under subparagraph (A) or (B) of subsection (a)(1)
to the Secretary at such time and in such manner as the
Secretary may require.
``(2) Content of application.--An application submitted
under this subsection shall include--
``(A) a description of the State program that the
State proposes to administer under State law, including
a State drilling plan; and
``(B) a statement from the Governor or Attorney
General of such State that the laws of such State
provide adequate authority to carry out the State
program.
``(3) Deadline for approval or disapproval.--Not later than
180 days after the date of receipt of an application under this
subsection, the Secretary shall approve or disapprove such
application.
``(4) Criteria for approval.--The Secretary may approve an
application received under this subsection only if the
Secretary has--
``(A) determined that the State applicant would be
at least as effective as the Secretary in issuing
Applications for Permit to Drill or in approving
drilling plans, as applicable;
``(B) determined that the State program of the
State applicant--
``(i) complies with this Act; and
``(ii) provides for the termination or
modification of an issued Application for
Permit to Drill or approved drilling plan, as
applicable, for cause, including for--
``(I) the violation of any
condition of the issued Application for
Permit to Drill or approved drilling
plan;
``(II) obtaining the issued
Application for Permit to Drill or
approved drilling plan by
misrepresentation; or
``(III) failure to fully disclose
in the application all relevant facts;
``(C) determined that the State applicant has
sufficient administrative and technical personnel and
sufficient funding to carry out the State program;
``(D) provided notice to the public, solicited
public comment, and held a public hearing within such
State;
``(E) determined that approval of the application
would not result in decreased royalty payments owed to
the United States under section 35(a), except as
provided in subsection (e) of that section; and
``(F) in the case of a State applicant seeking
authority under subsection (a)(3) to inspect and
enforce Applications for Permit to Drill or drilling
plans, as applicable, entered into a memorandum of
understanding with such State applicant that delineates
the Federal and State responsibilities with respect to
such inspection and enforcement.
``(5) Disapproval.--If the Secretary disapproves an
application submitted under this subsection, then the Secretary
shall--
``(A) notify, in writing, such State applicant of
the reason for the disapproval and any revisions or
modifications necessary to obtain approval; and
``(B) provide any additional information, data, or
analysis upon which the disapproval is based.
``(6) Resubmittal of application.--A State may resubmit an
application under this subsection at any time.
``(7) State memorandum of understanding.--Before a State
submits an application under this subsection, the Secretary
may, at the request of such State, enter into a memorandum of
understanding with such State regarding the proposed State
program--
``(A) to delineate the Federal and State
responsibilities for oil and gas regulations;
``(B) to provide technical assistance; and
``(C) to share best management practices.
``(c) Administrative Fees for Applications for Permit To Drill.--
``(1) In general.--A State for which authority has been
delegated under subsection (a)(1)(A) may collect a fee for each
application for an Application for Permit to Drill that is
submitted to the State.
``(2) No collection of fee by secretary.--The Secretary may
not collect a fee from the applicant or from the State for an
application for an Application for Permit to Drill that is
submitted to a State for which authority has been delegated
under subsection (a)(1)(A).
``(3) Fee amount.--The fee collected under paragraph (1)
shall be less than or equal to the amount of the fee described
in section 35(d)(2).
``(4) Use.--A State shall use 100 percent of the fees
collected under this subsection for the administration of the
approved State program of the State.
``(d) Voluntary Termination of Authority.--A State may voluntarily
terminate any authority delegated to such State under subsection (a)
upon providing written notice to the Secretary 60 days in advance of
the date of termination. Upon expiration of such 60-day period, the
Secretary shall resume any activities for which authority was delegated
to the State under subsection (a).
``(e) Appeal of Denial of Application for Application for Permit To
Drill or Application for Approval of Drilling Plan.--
``(1) In general.--If a State for which the Secretary has
delegated authority under subsection (a)(1) denies an
application for an Application for Permit to Drill or an
application for approval of a drilling plan, the applicant may
appeal such decision to the Department of the Interior Office
of Hearings and Appeals.
``(2) Fee allowed.--The Secretary may charge the applicant
a fee for the appeal referred to in paragraph (1).
``(f) Federal Administration of State Program.--
``(1) Notification.--If the Secretary has reason to believe
that a State is not administering or enforcing an approved
State program, the Secretary shall notify the relevant State
regulatory authority of any possible deficiencies.
``(2) State response.--Not later than 30 days after the
date on which a State receives notification of a possible
deficiency under paragraph (1), the State shall--
``(A) take appropriate action to correct the
possible deficiency; and
``(B) notify the Secretary of the action in
writing.
``(3) Determination.--
``(A) In general.--On expiration of the 30-day
period referred to in paragraph (2), if the Secretary
determines that a violation of all or any part of an
approved State program has resulted from a failure of
the State to administer or enforce the approved State
program of the State or that the State has not
demonstrated its capability and intent to administer or
enforce such a program, the Secretary shall issue
public notice of such a determination.
``(B) Appeal.--A State may appeal the determination
of the Secretary under subparagraph (A) in the
applicable United States District Court. The Secretary
may not resume activities under paragraph (4) pending
the resolution of the appeal.
``(4) Resumption by secretary.--Subject to paragraph
(3)(B), 30 days after the date on which the Secretary issues
the public notice described in paragraph 3(A), the Secretary
shall resume any activities for which authority was delegated
to the State during the period--
``(A) beginning on the date 30 days after the date
on which the Secretary issues the public notice under
paragraph (3)(A); and
``(B) ending on the date on which the Secretary
determines that the State will administer or enforce,
as applicable, such State's approved State program.
``(5) Standing.--States with approved regulatory programs
shall have standing to sue the Secretary for any action taken
under this subsection.
``(g) Definitions.--In this section:
``(1) Available federal land.--The term `available Federal
land' means any Federal land that--
``(A) is located within the boundaries of a State;
``(B) is not held by the United States in trust for
the benefit of a federally recognized Indian Tribe or a
member of such an Indian Tribe;
``(C) is not a unit of the National Park System;
``(D) is not a unit of the National Wildlife Refuge
System, except for the portion of such unit for which
oil and gas drilling is allowed under law;
``(E) is not a congressionally approved wilderness
area under the Wilderness Act (16 U.S.C. 1131 et seq.);
and
``(F) has been identified as land available for
lease or has been leased for the exploration,
development, and production of oil and gas--
``(i) by the Bureau of Land Management
under--
``(I) a resource management plan
under the process provided for in the
Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.); or
``(II) an integrated activity plan
with respect to the National Petroleum
Reserve in Alaska; or
``(ii) by the Forest Service under a
National Forest management plan under the
Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.).
``(2) Drilling plan.--The term `drilling plan' means a plan
described under section 3162.3-1(e) of title 43, Code of
Federal Regulations (or successor regulation).
``(3) Application for permit to drill.--The term
`Application for Permit to Drill' or `Applications for Permit
to Drill' means a permit--
``(A) that grants authority to drill for oil and
gas; and
``(B) for which an application has been received
that contains--
``(i) a drilling plan;
``(ii) a surface use plan of operations
described under section 3162.3-1(f) of title
43, Code of Federal Regulations (or successor
regulation);
``(iii) evidence of bond coverage; and
``(iv) such other information as may be
required by applicable orders and notices.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(5) State.--The term `State' means each of the several
States.
``(6) State applicant.--The term `State applicant' means a
State that has submitted an application under subsection (b).
``(7) State program.--The term `State program' means a
program that provides for a State to--
``(A) issue Applications for Permit to Drill or
approve drilling plans, as applicable, on available
Federal land; and
``(B) impose sanctions for violations of State
laws, regulations, or any condition of an issued
Application for Permit to Drill or approved drilling
plan, as applicable.
``(8) Sundry notice.--The term `sundry notice' means a
written request--
``(A) to perform work not covered under an
Application for Permit to Drill or drilling plan; or
``(B) for a change to operations covered under a an
Application for Permit to Drill or drilling plan.''.
(b) Inspection Fees.--Section 108 of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1718) is amended by adding at
the end the following:
``(d) Inspection Fees for Certain States.--
``(1) In general.--The Secretary shall conduct inspections
of operations under each oil and gas lease. The Secretary shall
collect annual nonrefundable inspection fees in the amount
specified in paragraph (2), from each designated operator under
each oil and gas lease on Federal that is subject to inspection
under subsection (b) and that is located in a State for which
the Secretary has delegated authority under section 44(a)(1)(A)
of the Mineral Leasing Act.
``(2) Amount.--The amount of the fees collected under
paragraph (1) shall be--
``(A) $700 for each lease or unit or
communitization agreement with no active or inactive
wells, but with surface use, disturbance or
reclamation;
``(B) $1,225 for each lease or unit or
communitization agreement with 1 to 10 wells, with any
combination of active or inactive wells;
``(C) $4,900 for each lease or unit or
communitization agreement with 11 to 50 wells, with any
combination of active or inactive wells; and
``(D) $9,800 for each lease or unit or
communitization agreement with more than 50 wells, with
any combination of active or inactive wells.
``(3) Onshore energy safety fund.--There is established in
the Treasury a fund, to be known as the `Onshore Energy Safety
Fund' (referred to in this subsection as the `Fund'), into
which shall be deposited all amounts collected as fees under
paragraph (1) and which shall be available as provided under
paragraph (4).
``(4) Availability of fees.--Notwithstanding section 3302
of title 31, United States Code, all amounts deposited in the
Fund--
``(A) shall be credited as offsetting collections;
``(B) shall be available for expenditure for
purposes of carrying out inspections of onshore oil and
gas operations in those States for which the Secretary
has delegated authority under section 44(a)(1)(A) of
the Mineral Leasing Act;
``(C) shall be available only to the extent
provided for in advance in an appropriations Act; and
``(D) shall remain available until expended.
``(5) Payment due date.--The Secretary shall require
payment of any fee assessed under this subsection within 30
days after the Secretary provides notice of the assessment of
the fee after the completion of an inspection.
``(6) Penalty.--If a designated operator assessed a fee
under this subsection fails to pay the full amount of the fee
as prescribed in this subsection, the Secretary may, in
addition to utilizing any other applicable enforcement
authority, assess civil penalties against the operator under
section 109 in the same manner as if this section were a
mineral leasing law.
``(7) Notification to state of noncompliance.--If, on the
basis of any inspection under subsection (b), the Secretary
determines that an operator is in noncompliance with the
requirements of mineral leasing laws and this chapter, the
Secretary shall notify the State of such noncompliance
immediately.''.
(c) Existing Authorities.--Section 390(a) of the Energy Policy Act
of 2005 (42 U.S.C. 15942(a)) is amended--
(1) by striking ``Action by the Secretary of the Interior''
and inserting ``The Secretary of the Interior,'';
(2) by inserting a comma after ``Agriculture'';
(3) by striking ``with respect to any of the activities
described in subsection (b) shall be subject to a rebuttable
presumption that the use of'' and inserting ``shall apply'';
and
(4) by striking ``would apply if the activity'' and
inserting ``for each action described in subsection (b) if the
action''.
SEC. 102. CONVEYANCE TO CERTAIN STATES OF PROPERTY INTEREST IN STATE
SHARE OF ROYALTIES AND OTHER PAYMENTS.
(a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C.
191) is amended--
(1) in subsection (a), by striking ``shall be paid into the
Treasury'' and inserting ``shall, except as provided in
subsection (e), be paid into the Treasury'';
(2) in subsection (c)(1), by inserting ``and except as
provided in subsection (e)'' before ``, any rentals''; and
(3) by adding at the end the following:
``(e) Conveyance to Certain States of Property Interest in State
Share.--
``(1) In general.--Notwithstanding any other provision of
law, on request of a State and in lieu of any payments to the
State under subsection (a), the Secretary of the Interior shall
convey to the State all right, title, and interest in and to
the percentage specified in that subsection for that State that
would otherwise be required to be paid into the Treasury under
that subsection.
``(2) Amount.--Notwithstanding any other provision of law,
after a conveyance to a State under paragraph (1), any person
shall pay directly to the State any amount owed by the person
for which the right, title, and interest has been conveyed to
the State under this subsection.
``(3) Notice.--The Secretary of the Interior shall promptly
provide to each holder of a lease of public land to which
subsection (a) applies that is located in a State to which
right, title, and interest is conveyed under this subsection
notice that--
``(A) the Secretary of the Interior has conveyed to
the State all right, title, and interest in and to the
amounts referred to in paragraph (1); and
``(B) the leaseholder is required to pay the
amounts directly to the State.
``(4) Report.--A State that has received a conveyance under
this subsection shall report monthly to the Office of Natural
Resources Revenue of the Department of the Interior the amount
paid to such State pursuant to this subsection.
``(5) Application with respect to federal oil and gas
royalty management act.--With respect to the interest conveyed
to a State under this subsection from sales, bonuses, royalties
(including interest charges), and rentals collected under the
Federal Oil and Gas Royalty Management Act of 1983 (30 U.S.C.
1701 et seq.), this subsection shall only apply with respect to
States for which the Secretary has delegated any authority
under section 44(a)(1).''.
(b) Administrative Costs.--Section 35(b) of the Mineral Leasing Act
(30 U.S.C. 191(b)) is amended by striking ``In determining'' and
inserting ``Except with respect to States for which the Secretary has
delegated any authority under section 44(a)(1), in determining''.
(c) Conforming Amendment.--Section 205(f) of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1735(f)) is amended by
striking ``All moneys'' and inserting ``Subject to subsection (e) of
section 35 of the Mineral Leasing Act (30 U.S.C. 191), all moneys''.
SEC. 103. ACCESS TO FEDERAL OIL AND GAS FROM NON-FEDERAL SURFACE
ESTATE.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(q) No Federal Permit Required for Oil and Gas Activities on
Certain Land.--
``(1) In general.--The Secretary shall not require an
operator to obtain a Federal drilling permit for oil and gas
exploration and production activities conducted on non-Federal
surface estate, provided that--
``(A) the United States holds an ownership interest
of less than 50 percent of the subsurface mineral
estate to be accessed by the proposed action; and
``(B) the operator submits to the Secretary a State
permit to conduct oil and gas exploration and
production activities on the non-Federal surface
estate.
``(2) No federal action.--Oil and gas exploration and
production activities carried out under paragraph (1)--
``(A) shall require no additional Federal action;
``(B) may commence 30 days after submission of the
State permit to the Secretary;
``(C) are categorically excluded from any further
analysis and documentation under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(D) shall not require any analysis under section
106 of the National Historic Preservation Act of 1966,
as amended (54 U.S.C. 306108); and
``(E) shall not require any analysis, assessment,
or consultation under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536).
``(3) Royalties and production accountability.--(A) Nothing
in this subsection shall affect the amount of royalties due to
the United States under this Act from the production of oil and
gas, or alter the Secretary's authority to conduct audits and
collect civil penalties pursuant to the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1711 et seq.).
``(B) The Secretary may conduct on-site reviews and
inspections to ensure proper accountability, measurement, and
reporting of production of Federal oil and gas, and payment of
royalties.
``(4) Exceptions.--This subsection shall not apply to
actions on Indian lands or resources managed in trust for the
benefit of Indian tribes.''.
SEC. 104. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING
REGULATION.
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by
inserting after section 44 (as added by section 101) the following:
``SEC. 45. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING
REGULATION.
``(a) In General.--The Secretary of the Interior shall not enforce
any Federal regulation, guidance, or permit requirement regarding
hydraulic fracturing relating to oil, gas, or geothermal production
activities on or under any land in any State that has regulations,
guidance, or permit requirements for that activity.
``(b) State Authority.--The Secretary of the Interior shall defer
to State regulations, guidance, and permit requirements for all
activities regarding hydraulic fracturing relating to oil, gas, or
geothermal production activities on Federal land.
``(c) Transparency of State Regulations.--
``(1) In general.--Each State shall submit to the Bureau of
Land Management a copy of the regulations of such State that
apply to hydraulic fracturing operations on Federal land,
including those that require disclosure of chemicals used in
hydraulic fracturing operations.
``(2) Availability.--The Secretary of the Interior shall
make available to the public on the website of the Secretary
the regulations submitted under paragraph (1).
``(d) Tribal Authority on Trust Land.--The Secretary of the
Interior shall not enforce any Federal regulation, guidance, or permit
requirement with respect to hydraulic fracturing on any land held in
trust or restricted status for the benefit of a federally recognized
Indian Tribe or a member of such an Indian Tribe, except with the
express consent of the beneficiary on whose behalf such land is held in
trust or restricted status.
``(e) Hydraulic Fracturing Defined.--In this section the term
`hydraulic fracturing' means the process of creating small cracks, or
fractures, in underground geological formations for well stimulation
purposes of bringing hydrocarbons into the wellbore and to the surface
for capture.''.
SEC. 105. REVIEW OF INTEGRATED ACTIVITY PLAN FOR THE NATIONAL PETROLEUM
RESERVE IN ALASKA.
The Secretary of the Interior shall--
(1) conduct a review of the National Petroleum Reserve-
Alaska Final Integrated Activity Plan/Environmental Impact
Statement, for which notice of availability was published in
the Federal Register on December 28, 2012 (77 Fed. Reg. 76515),
to determine which lands within the National Petroleum Reserve
in Alaska should be made available for oil and gas leasing; and
(2) make available the lands described in paragraph (1) for
oil and gas leasing.
SEC. 106. PROTESTED LEASE SALES.
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any
protest to a lease sale within 60 days following such payment.'' after
``annual rental for the first lease year.''.
SEC. 107. CLARIFICATION REGARDING LIABILITY UNDER MIGRATORY BIRD TREATY
ACT.
Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is
amended by adding at the end the following:
``(e) This Act shall not be construed to prohibit any activity
proscribed by section 2 of this Act that is accidental or incidental to
the presence or operation of an otherwise lawful activity.''.
SEC. 108. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is
amended to read as follows:
``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.
``(a) National Environmental Policy Act Review.--Action by the
Secretary of the Interior, in managing the public lands, or the
Secretary of Agriculture, in managing National Forest System lands,
with respect to any of the activities described in subsection (d) shall
be categorically excluded from any further analysis and documentation
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if the activity is conducted pursuant to the Mineral Leasing Act
(30 U.S.C. 181 et seq.) for the purpose of exploration or development
of oil or gas.
``(b) Categorical Exclusion.--Use of a categorical exclusion
created in this section--
``(1) shall not require a finding of no extraordinary
circumstances; and
``(2) shall be effective for the full term of the
authorized permit or approval.
``(c) Application.--This section shall not apply to an action of
the Secretary of the Interior or the Secretary of Agriculture on Indian
lands or resources managed in trust for the benefit of Indian Tribes.
``(d) Activities Described.--The activities referred to in
subsection (a) are:
``(1) Reinstating a lease pursuant to section 31 of the
Mineral Leasing Act (30 U.S.C. 188).
``(2) The following activities, provided that any new
surface disturbance is contiguous with the footprint of the
original authorization and does not exceed 20 acres or the
acreage evaluated in a document previously prepared under
section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) with respect to such activity,
whichever is greater:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utilities submitted in a sundry notice.
``(3) Drilling of an oil or gas well at a new well pad
site, provided that the new surface disturbance does not exceed
20 acres or the acreage evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity, whichever is greater.
``(4) Construction or realignment of a road, pipeline, or
utilities within an existing right-of-way or within a right-of-
way corridor established in a land use plan.
``(5) The following activities when conducted from non-
Federal surface into federally owned minerals, provided that
the operator submits to the Secretary concerned certification
of a surface use agreement with the non-Federal landowner:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facilities or
utilities submitted in a sundry notice.
``(6) Drilling of an oil or gas well from non-Federal
surface and non-Federal subsurface into Federal mineral estate.
``(7) Construction of up to 1 mile of new road on Federal
or non-Federal surface, not to exceed 2 miles in total.
``(8) Construction of up to 3 miles of individual pipelines
or utilities, regardless of surface ownership.''.
SEC. 109. ADMINISTRATIVE PROTEST PROCESS REFORM.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(q) Protest Filing Fee.--
``(1) In general.--Before processing any protest filed
under this section, the Secretary shall collect a filing fee
from the protestor to recover the cost for processing documents
filed for each administrative protest.
``(2) Amount.--The filing fee shall be calculated as
follows:
``(A) For each protest filed in a submission not
exceeding 10 pages in length, the base filing fee shall
be $150.
``(B) For each submission exceeding 10 pages in
length, an addition to the base filing fee, an
assessment of $5 per page in excess of 10 pages shall
apply.
``(C) For protests that include more than one oil
and gas lease parcel, right-of-way, or application for
permit to drill in a submission, an additional
assessment of $10 per additional lease parcel, right-
of-way, or application for permit to drill shall apply.
``(3) Adjustment.--
``(A) In general.--Beginning on January 1, 2021,
and annually thereafter, the Secretary shall adjust the
filing fees established in this subsection to whole
dollar amounts to reflect changes in the Producer Price
Index, as published by the Bureau of Labor Statistics,
for the previous 12 months.
``(B) Publication of adjusted filing fees.--At
least 30 days before the filing fees as adjusted under
this paragraph take effect, the Secretary shall publish
notification of the adjustment of such fees in the
Federal Register.''.
SEC. 110. NOTIFICATIONS OF PERMIT TO DRILL.
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by
inserting after section 45, as added by section 104, the following:
``SEC. 46. NOTIFICATIONS OF PERMIT TO DRILL.
``(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall establish procedures by
which an operator may conduct drilling and production activities on
available Federal land and non-Federal land that is located in a State
to which the Secretary has not delegated exclusive authority under
section 44(a)(1) after sending to the Secretary a notification of
permit to drill under this section in lieu of obtaining an Application
for Permit to Drill.
``(b) Content of Notification.--To be considered a complete
notification of permit to drill under this section, an operator shall
include in the notification of permit to drill submitted under this
section--
``(1) a notification of permit to drill form;
``(2) a surface use plan of operations;
``(3) a drilling plan;
``(4) a well plat certified by a registered surveyor;
``(5) an operator certification;
``(6) evidence of bond coverage; and
``(7) a notification of permit to drill fee in an amount to
be determined by the Secretary.
``(c) Justifications for Objection.--
``(1) In general.--Except as otherwise provided in this
subsection, the Secretary may not object to a notification of
permit to drill under this section if the notification--
``(A) demonstrates that the drilling operations
described in the notification of permit to drill will
be located in--
``(i) a developed field, where there are
existing oil and gas wells within a 5-mile
radius and for which an approved land use plan
or environmental review was prepared within the
last 10 years under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
that analyzed such drilling operations as a
reasonably foreseeable activity;
``(ii) a location or well pad site at which
drilling has occurred within 10 years before
the date of spudding the well and the proposed
operations do not increase the surface
disturbance on the location or well pad site;
``(iii) an area consisting of individual
surface disturbances of less than 10 acres and
the total surface disturbance on the lease is
not greater than 150 acres and for which an
approved land use plan or environmental review
was prepared within the last 10 years under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) that analyzed such
drilling operations as a reasonably foreseeable
activity;
``(iv) an area consisting of Federal
mineral interests that is located within the
boundaries of a communitization agreement or
unit agreement which contains minerals leased
by a State or private mineral owner for which a
drilling permit has been approved by a State
regulatory agency; or
``(v) an area in which a categorical
exclusion under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applies for oil and gas drilling or re-entry
activities; or
``(B) includes--
``(i) an environmental review that
concludes that actions described in the
notification of permit to drill pose no
significant effects on the human environment or
threatened or endangered species; and
``(ii) an archeological review that
concludes that actions described in the
notification of permit to drill pose no
significant effects on cultural or historic
properties or resources.
``(2) Endangered species protection.--
``(A) In general.--Notwithstanding paragraph (1),
the Secretary shall object to a notification of permit
to drill if the activity described in such notification
of permit to drill is likely to jeopardize the
continued existence of a species that is a threatened
species or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or result
in the destruction or adverse modification of critical
habitat of such species.
``(B) Withdrawal of objection.--The Secretary may
withdraw an objection under subparagraph (A) if the
operator consults with the Secretary on such objection
and places conditions on the notification of permit to
drill sufficient to comply with the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
``(3) National historic preservation.--
``(A) In general.--Notwithstanding paragraph (1),
the Secretary shall object to a notification of permit
to drill if the activity described in such notification
of permit to drill is likely to affect properties
listed, or eligible for listing, in the National
Register of Historic Places under section 306108 of
title 54, United States Code (commonly known as the
National Historic Preservation Act of 1966).
``(B) Withdrawal of objection.--The Secretary may
withdraw an objection under subparagraph (A) if the
operator consults with the Secretary on such objection
and places conditions on the notification of permit to
drill sufficient to comply with section 306108 of title
54, United States Code (commonly known as the National
Historic Preservation Act of 1966).
``(d) Objection or No Action.--
``(1) Notification of incomplete notification.--Not later
than 15 days after receipt of a notification of permit to
drill, or a revised notification of permit to drill, from an
operator under this section, the Secretary shall notify the
operator in writing if the notification of permit to drill is
not complete.
``(2) Notification of objections.--The Secretary shall
notify an operator of any objections to the notification of
permit to drill not later than 45 days after receipt of a
complete notification of permit to drill from an operator under
this section.
``(3) No action required.--If the Secretary has not
notified an operator under either paragraph (1) or paragraph
(2) within 45 days after receipt of a notification of permit to
drill from the operator under this section, the operator may,
without further action from the Secretary, conduct the drilling
and production activities for which the notification of permit
to drill was submitted.
``(4) Opportunity to resubmit notification.--If the
Secretary notifies an operator under paragraph (1) of an
incomplete notification or paragraph (2) of an objection, the
Secretary shall allow the operator to address such incomplete
notification or objection and revise and resubmit the
notification of permit to drill.
``(5) Opportunity to resubmit notification as application
for permit to drill.--If the Secretary notifies an operator
under paragraph (2) of an objection, the Secretary shall allow
the operator to resubmit such information in the form of an
Application for Permit to Drill.
``(e) Notification Fee.--The Secretary may not charge an operator
under this section a fee for submitting a notification of permit to
drill greater than the fee the Secretary charges an applicant for an
Application for Permit to Drill.
``(f) Environmental Review.--
``(1) In general.--An environmental review or archeological
review described in subsection (c)(1)(B) may be completed by a
third-party contractor approved by the Secretary or pursuant to
a memorandum of understanding between the operator and the
Secretary.
``(2) Field work authorization.--The Secretary shall issue
a field work authorization to a third-party contractor for the
purposes of paragraph (1) within a reasonable time.
``(3) Request for concurrence.--The Secretary shall allow a
third-party contractor to submit a request to the State
Historic Preservation Office on behalf of the Secretary.
``(g) Additional Surface Use Permits.--The Secretary may not
require an operator that has submitted a notification of permit to
drill for which the Secretary did not object to obtain a surface use
permit for an action included in the notification of permit to drill.
``(h) Site Inspection.--The Secretary may not require an operator
that has submitted a notification of permit to drill for which the
Secretary did not object to submit to a site inspection before
commencement of the activities described in the notification of permit
to drill.
``(i) Federal Enforcement.--The Secretary may conduct inspections
of and evaluate activities described in a notification of permit to
drill for purposes of bringing an enforcement action. The Secretary may
suspend enforcement proceedings if the operator modifies its activities
to comply with the notification of permit to drill or obtains an
Application for Permit to Drill for such activities.
``(j) Application of the National Environmental Policy Act.--
``(1) No action by secretary.--The decision by the
Secretary to take no action under subsection (c)(1)(B)(2) shall
not constitute a major Federal action under section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
``(2) Development of regulations.--The development of any
regulation pursuant to this section shall constitute a major
Federal action under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(k) Definitions.--In this section:
``(1) In general.--The terms `Application for Permit to
Drill', `applications for Permit to Drill', `available Federal
land', and `drilling plan' have the meaning given those terms
in section 44.
``(2) Surface use plan of operation.--The term `surface use
plan of operation' means a plan containing--
``(A) the road and drill pad location;
``(B) details of pad construction;
``(C) methods for containment and disposal of waste
material;
``(D) plans for reclamation of the surface;
``(E) any other information specified in applicable
orders or notices; and
``(F) any other pertinent data as the Secretary may
require.''.
TITLE II--OFFSHORE OIL AND GAS
SEC. 201. LIMITATION OF AUTHORITY OF THE PRESIDENT TO WITHDRAW AREAS OF
THE OUTER CONTINENTAL SHELF FROM OIL AND GAS LEASING.
(a) Limitation on Withdrawal From Disposition of Lands on the Outer
Continental Shelf.--Section 12 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1341) is amended by amending subsection (a) to read as
follows:
``(a) Limitation on Withdrawal.--
``(1) In general.--Except as otherwise provided in this
section, no lands of the outer Continental Shelf may be
withdrawn from disposition except by an Act of Congress.
``(2) National marine sanctuaries.--The President may
withdraw from disposition any of the unleased lands of the
outer Continental Shelf located in a national marine sanctuary
designated in accordance with the National Marine Sanctuaries
Act (16 U.S.C. 1431 et seq.) or otherwise by statute.
``(3) Existing withdrawals.--
``(A) In general.--Except for the withdrawals
listed in subparagraph (B), any withdrawal from
disposition of lands on the outer Continental Shelf
before the date of the enactment of this subsection
shall have no force or effect.
``(B) Exceptions.--Subparagraph (A) shall not apply
to the following withdrawals:
``(i) Any withdrawal in a national marine
sanctuary designated in accordance with the
National Marine Sanctuaries Act.
``(ii) Any withdrawal in a national
monument declared under section 320301 of title
54, United States Code, or the Act of June 8,
1906 (ch. 3060; 34 Stat. 225).
``(iii) Any withdrawal in the North
Aleutian Basin Planning Area, including Bristol
Bay.''.
(b) Termination of Authority To Establish Marine National
Monuments.--Section 320301 of title 54, United States Code, is amended
by adding at the end the following:
``(e) Limitation on Marine National Monuments.--
``(1) In general.--Notwithstanding subsections (a) and (b),
the President may not declare or reserve any ocean waters (as
such term is defined in section 3 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402)) or
lands beneath ocean waters as a national monument.
``(2) Marine national monuments designated before the date
of the enactment of this subsection.--This subsection shall not
affect any national monument designated by the President before
the date of the enactment of this Act.''.
SEC. 202. DISPOSITION OF REVENUES FROM OIL AND GAS LEASING ON THE OUTER
CONTINENTAL SHELF TO ATLANTIC STATES AND ALASKA.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended--
(1) by striking ``All rentals'' and inserting the
following:
``(a) In General.--Except as otherwise provided in this section,
all rentals''; and
(2) by adding at the end the following:
``(b) Distribution of Revenue to Producing States.--
``(1) Definitions.--In this subsection:
``(A) Covered planning area.--
``(i) In general.--Subject to clause (ii),
the term `covered planning area' means each of
the following planning areas, as such planning
areas are generally depicted in the later of
the 2017-2022 Outer Continental Shelf Oil and
Gas Leasing Proposed Final Program, dated
November 2016, or a subsequent oil and gas
leasing program developed under section 18 of
the Outer Continental Shelf Lands Act (43
U.S.C. 1344):
``(I) Mid-Atlantic.
``(II) South Atlantic.
``(III) Any planning area located
off the coast of Alaska.
``(ii) Exclusions.--The term `covered
planning area' does not include any area in the
Atlantic--
``(I) north of the southernmost
lateral seaward administrative boundary
of the State of Maryland; or
``(II) south of the northernmost
lateral seaward administrative boundary
of the State of Florida.
``(B) Producing state.--The term `producing State'
means each of the following States:
``(i) Virginia.
``(ii) North Carolina.
``(iii) South Carolina.
``(iv) Georgia.
``(v) Alaska.
``(C) Qualified revenues.--
``(i) In general.--The term `qualified
revenues' means revenues derived from rentals,
royalties, bonus bids, and other sums due and
payable to the United States under oil and gas
leases entered into on or after the date of the
enactment of this Act for an area in a covered
planning area.
``(ii) Exclusions.--The term `qualified
revenues' does not include--
``(I) revenues from the forfeiture
of a bond or other surety securing
obligations other than royalties, civil
penalties, or royalties taken by the
Secretary in-kind and not sold;
``(II) revenues generated from
leases subject to section 8(g); and
``(III) the portion of rental
revenues in excess of those that would
have been collected at the rental rates
in effect before August 5, 1993.
``(2) Deposit of qualified revenues.--
``(A) Phase i.--With respect to qualified revenues
under leases awarded under the first leasing program
approved under section 18(a) that takes effect after
the date of the enactment of this section, the
Secretary of the Treasury shall deposit or allocate, as
applicable--
``(i) 87.5 percent into the general fund of
the Treasury; and
``(ii) 12.5 percent to States in accordance
with paragraph (3).
``(B) Phase ii.--With respect to qualified revenues
under leases awarded under the second leasing program
approved under section 18(a) that takes effect after
the date of the enactment of this section, the
Secretary of the Treasury shall deposit or allocate, as
applicable--
``(i) 75 percent into the general fund of
the Treasury; and
``(ii) 25 percent to States in accordance
with paragraph (3).
``(C) Phase iii.--With respect to qualified
revenues under leases awarded under the third leasing
program approved under section 18(a) that takes effect
after the date of the enactment of this section and
under any such leasing program subsequent to such third
leasing program, the Secretary of the Treasury shall
deposit or allocate, as applicable--
``(i) 50 percent into the general fund of
the Treasury; and
``(ii) 50 percent into a special account in
the Treasury from which the Secretary of the
Treasury shall disburse--
``(I) 75 percent to States in
accordance with paragraph (3); and
``(II) 25 percent to the Secretary
of the Interior for units of the
National Park System.
``(3) Allocation to producing states.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary of the Treasury shall allocate the
qualified revenues distributed to States under
paragraph (2) to each producing State in an amount
based on a formula established by the Secretary of the
Interior, by regulation, that--
``(i) is inversely proportional to the
respective distances between--
``(I) the point on the coastline of
the producing State that is closest to
the geographical center of the
applicable leased tract; and
``(II) the geographical center of
that leased tract;
``(ii) does not allocate qualified revenues
to any producing State that is further than 200
nautical miles from the leased tract; and
``(iii) allocates not less than 10 percent
of qualified revenues to each producing State
that is 200 or fewer nautical miles from the
leased tract.
``(B) Payments to noncontiguous coastal states.--
``(i) In general.--With respect to each
producing State that is a noncontiguous coastal
State, the Secretary of the Treasury shall pay
20 percent of the allocable share of such State
determined under this paragraph to the coastal
political subdivisions of such State.
``(ii) Allocation.--The amount paid by the
Secretary of the Treasury to coastal political
subdivisions under this subparagraph shall be
allocated to each coastal political subdivision
in accordance with subparagraphs (B) and (E) of
section 31(b)(4).
``(iii) Definition of coastal political
subdivision.--In this subparagraph, the term
`coastal political subdivision' means--
``(I) a county-equivalent
subdivision of a State for which--
``(aa) all or part lies
within the coastal zone of the
State (as defined in section
304 of the Coastal Zone
Management Act of 1972 (16
U.S.C. 1453)); and
``(bb) the closest coastal
point is not more than 200
nautical miles from the
geographical center of any
leased tract on the outer
Continental Shelf; or
``(II) a municipal subdivision of a
State for which--
``(aa) the closest point is
more than 200 nautical miles
from the geographical center of
a leased tract on the outer
Continental Shelf; and
``(bb) the State has
determined to be a significant
staging area for oil and gas
servicing, supply vessels,
operations, suppliers, or
workers.
``(C) Payments to contiguous coastal states.--
``(i) In general.--With respect to each
producing State that is a contiguous coastal
State, the Secretary of the Treasury shall
pay--
``(I) 50 percent of the allocable
share of such State determined under
this paragraph to the State treasury to
be used by the State in accordance with
clause (ii);
``(II) 25 percent of the allocable
share of such State determined under
this paragraph to coastal towns; and
``(III) 25 percent of the allocable
share of such State determined under
this paragraph to coastal counties.
``(ii) Use of funds.--Funds received by a
producing State under clause (i)(I) shall be
used by such State--
``(I) to enhance State land and
water conservation efforts,
particularly in inlets, waterways, and
beaches;
``(II) for the purposes of beach
nourishment and coastline enhancements;
``(III) for the protection of
coastal wildlife;
``(IV) to support estuary health
and aquaculture management;
``(V) for dredging and port
infrastructure development;
``(VI) grants to support the
geological and geophysical sciences or
petroleum engineering programs or
departments at institutions of higher
education (as such term is defined in
section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) that are
accredited by the Accreditation Board
for Engineering and Technology and
located within the producing State; or
``(VII) for any other purpose that
enhances coastal communities, as
determined by the Governor of the
producing State.
``(iii) Definition of coastal town.--In
this subparagraph, the term `coastal town'
means an economic and residential center not
more than 20 miles from the coast of the
producing State.
``(4) Administration.--Amounts made available under
paragraph (2)(B) shall--
``(A) be made available, without further
appropriation, in accordance with this subsection;
``(B) remain available until expended;
``(C) be in addition to any amounts appropriated
under--
``(i) chapter 2003 of title 54, United
States Code;
``(ii) any other provision of this Act; and
``(iii) any other provision of law; and
``(D) be made available during the fiscal year
immediately following the fiscal year in which such
amounts were received.''.
SEC. 203. DISTRIBUTION OF OUTER CONTINENTAL SHELF REVENUES TO GULF
PRODUCING STATES.
Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``50'' and
inserting ``37.5''; and
(B) in paragraph (2)--
(i) by striking ``50'' and inserting
``62.5'';
(ii) in subparagraph (A), by striking
``75'' and inserting ``80''; and
(iii) in subparagraph (B), by striking
``25'' and inserting ``20''; and
(2) by striking subsection (f).
SEC. 204. ADDRESSING PERMITS FOR TAKING OF MARINE MAMMALS.
Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371(a)(5)(D)) is amended as follows:
(1) In clause (i)--
(A) by striking ``citizens of the United States''
and inserting ``persons'';
(B) by striking ``within a specific geographic
region'';
(C) by striking ``of small numbers'';
(D) by striking ``such citizens'' and inserting
``such persons''; and
(E) by striking ``within that region''.
(2) In clause (ii)--
(A) in subclause (I), by striking ``, and other
means of effecting the least practicable impact on such
species or stock and its habitat'';
(B) in subclause (III), by striking ``requirements
pertaining to the monitoring and reporting of such
taking by harassment, including'' and inserting
``efficient and practical requirements pertaining to
the monitoring of such taking by harassment while the
activity is being conducted and the reporting of such
taking, including, as the Secretary determines
necessary,''; and
(C) by adding at the end the following:
``Any condition imposed pursuant to subclause (I), (II), or (III) may
not result in more than a minor change to the specified activity and
may not alter the basic design, location, scope, duration, or timing of
the specified activity.''.
(3) In clause (iii), by striking ``receiving an application
under this subparagraph'' and inserting ``an application is
accepted or required to be considered complete under subclause
(I)(aa), (II)(aa), or (IV) of clause (viii), as applicable,''.
(4) In clause (vi), by striking ``a determination of `least
practicable adverse impact on such species or stock' under
clause (i)(I)'' and inserting ``conditions imposed under
subclause (I), (II), or (III) of clause (ii)''.
(5) By adding at the end the following:
``(viii)(I) The Secretary shall--
``(aa) accept as complete a written request for
authorization under this subparagraph for incidental taking
described in clause (i), by not later than 45 days after the
date of submission of the request; or
``(bb) provide to the requester, by not later than 15 days
after the date of submission of the request, a written notice
describing any additional information required to complete the
request.
``(II) If the Secretary provides notice under subclause (I)(bb),
the Secretary shall, by not later than 30 days after the date of
submission of the additional information described in the notice--
``(aa) accept the written request for authorization under
this subparagraph for incidental taking described in clause
(i); or
``(bb) deny the request and provide the requester a written
explanation of the reasons for the denial.
``(III) The Secretary may not make a second request for
information, request that the requester withdraw and resubmit the
request, or otherwise delay a decision on the request.
``(IV) If the Secretary fails to respond to a request for
authorization under this subparagraph in the manner provided in
subclause (I) or (II), the request shall be considered to be complete.
``(ix)(I) At least 90 days before the expiration of any
authorization issued under this subparagraph, the holder of such
authorization may apply for a one-year extension of such authorization.
The Secretary shall grant such extension within 14 days after the date
of such request on the same terms and without further review if there
has been no substantial change in the activity carried out under such
authorization nor in the status of the marine mammal species or stock,
as applicable, as reported in the final annual stock assessment reports
for such species or stock.
``(II) In subclause (I) the term `substantial change' means a
change that prevents the Secretary from making the required findings to
issue an authorization under clause (i) with respect to such species or
stock.
``(III) The Secretary shall notify the applicant of such
substantial changes with specificity and in writing within 14 days
after the applicant's submittal of the extension request.
``(x) If the Secretary fails to make the required findings and, as
appropriate, issue the authorization within 120 days after the
application is accepted or required to be considered complete under
subclause (I)(aa), (II)(aa), or (III) of clause (viii), as applicable,
the authorization is deemed to have been issued on the terms stated in
the application and without further process or restrictions under this
Act.
``(xi) Any taking of a marine mammal in compliance with an
authorization under this subparagraph is exempt from the prohibition on
taking in section 9 of the Endangered Species Act of 1973 (16 U.S.C.
1538). Any Federal agency authorizing, funding, or carrying out an
action that results in such taking, and any agency action authorizing
such taking, is exempt from the requirement to consult regarding
potential impacts to marine mammal species or designated critical
habitat under section 7(a)(2) of such Act (16 U.S.C. 1536(a)(2)).''.
SEC. 205. ENERGY DEVELOPMENT IN THE EASTERN GULF OF MEXICO.
(a) Compatibility Between Military Mission and Oil and Gas
Operations.--
(1) Updating memorandum of agreement.--Not later than 270
days after the date of the enactment of this Act, the Secretary
of the Interior and the Secretary of Defense shall update the
memorandum of agreement entitled ``Memorandum of Agreement
Between the Department of Defense and the Department of the
Interior on Mutual concerns on the Outer Continental Shelf'' to
ensure compatibility between the military mission and oil and
gas operations in the Eastern Gulf of Mexico.
(2) Reservations.--Nothing in this section shall be
construed to affect section 12 of the Outer Continental Shelf
Lands Act (42 U.S.C. 1341).
(3) Existing leases.--The stipulations and restrictions
developed under this subsection shall not apply to existing
leases in the Eastern Planning Area.
(b) Directed Lease Sales.--
(1) In general.--Notwithstanding the omission of any of
these areas from the National Outer Continental Shelf Oil and
Gas Leasing Program approved by the Secretary of the Interior
under section 18 of the Outer Continental Shelf Lands Act (43
U.S.C. 1344), as in effect at the time of the lease sale, but
subject to paragraph (2) of this subsection, the Secretary
shall offer the following areas for oil and gas leasing under
such Act:
(A) All acreage of the Eastern Planning Area that
is not subject to subsection (a) of section 104 of the
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C.
1331 note), as such Act was in effect on the date of
the enactment of this Act, by holding at least two
lease sales before December 31, 2021.
(B) All acreage of the Eastern Planning Area by
holding at least one additional sale after June 30,
2022 and before December 31, 2022, and at least two
additional sales each subsequent year.
(2) National environmental policy act requirements.--The
Secretary and all other Federal officials shall complete all
actions required by section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with
respect to such lease sales by not later than one year before
the final lease sale conducted under paragraph (1).
(3) Definitions.--In this section, the term ``Eastern
Planning Area'' means the Eastern Gulf of Mexico Planning Area
of the Outer Continental Shelf, as designated in the document
entitled ``2019-2024 National Outer Continental Shelf Oil and
Gas Leasing Draft Proposed Program'', dated January 2018.
(c) Lease Terms.--
(1) In general.--Paragraph (2) of section 8(b) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(b)) is amended to
read as follows:
``(2) be for an initial period of--
``(A) five years, except as provided in
subparagraphs (B) and (C);
``(B) not to exceed ten years if the Secretary
finds that such longer period is necessary to encourage
exploration and development in areas because of
unusually deep water or other unusually adverse
conditions, except as provided in subparagraph (C); or
``(C) for leases located in water depths of greater
than 1,500 meters, 15 years, and as long thereafter as
oil or gas is produced from the area in paying
quantities or drilling or well reworking operations
approved by the Secretary are conducted thereon.''.
(2) Extension of existing leases.--
(A) In general.--Within 180 days after the date of
the enactment of this Act, the Secretary of the
Interior shall issue regulations under which the
Secretary may extend by five years the term of an oil
and gas lease under the Outer Continental Shelf Lands
Act (43 U.S.C. 1344) for a tract located in water
deeper than 1,500 meters.
(B) Application; payment.--Regulations issued under
this paragraph shall require--
(i) submission of an application for such
extension; and
(ii) payment of a minimum bid amount.
(C) Limitation.--The Secretary may not extend the
term of a lease under this paragraph more than once.
(d) Report.--The Secretary of the Interior shall submit a report to
the House Committee on Natural Resources and the Senate Committee on
Energy and Natural Resources regarding options for sharing the revenues
produced in the Eastern Gulf of Mexico Planning Area with the Gulf
States consistent with the revenue sharing formulas under the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note) as amended by
this Act. The report shall include analysis of potential economic
benefits to the Gulf States and recommendations for authorizing the use
of these revenues for coastal restoration, recovering endangered
species, coral restoration, and mitigation of harmful algal blooms.
TITLE III--ALTERNATIVE ENERGY
SEC. 301. GEOTHERMAL, SOLAR, AND WIND LEASING PRIORITY AREAS.
(a) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) Federal land; and
(B) not excluded from the development of geothermal
energy under--
(i) a land use plan established under the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); or
(ii) any other Federal law.
(2) Priority area; designated leasing areas.--The terms
``priority area'' and ``Designated Leasing Areas'' mean covered
land identified by the land use planning process of the Bureau
of Land Management as being a preferred location for a
renewable energy project for solar, wind, or geothermal energy.
(b) Designation of Geothermal, Solar, and Wind Leasing Priority
Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on covered
land for geothermal, solar, and wind energy projects.
(2) Deadline.--
(A) Geothermal and wind energy.--With respect to
geothermal and wind energy, the Secretary shall
establish priority areas as soon as practicable, but
not later than 5 years after the date of the enactment
of this Act.
(B) Solar energy.--For solar energy, solar
Designated Leasing Areas, including the solar energy
zones established by the 2012 western solar plan of the
Bureau of Land Management and any subsequent land use
plan amendments, shall be considered to be priority
areas for solar energy projects. The Secretary shall
establish additional solar priority areas as soon as
practicable, but not later than 3 years after the date
of the enactment of this Act.
(c) Criteria for Selection.--In determining which covered lands to
designate as geothermal, solar, and wind leasing priority areas under
subsection (b), the Secretary, in consultation with the Secretary of
Energy, shall consider if--
(1) the covered land is preferable for geothermal, solar,
and wind leasing;
(2) production of geothermal, solar, and wind energy on
such land is economically viable, including if such land has
access to methods of energy transmission; and
(3) the designation would be in compliance with section 202
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), including subsection (c)(9) of that section.
(d) Review and Modification.--Not less frequently than once every 5
years, the Secretary shall--
(1) review covered land and, if appropriate, make
additional designations of geothermal, solar, and wind leasing
priority areas; and
(2) review each area designated as a geothermal, solar, or
wind energy leasing priority area under this section, and, if
appropriate, remove such designation.
(e) Compliance With the National Environmental Policy Act.--For the
purposes of this section, compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
(1) with respect to geothermal energy, by supplementing the
October 2008 final programmatic environmental impact statement
for geothermal leasing in the Western United States and
incorporating any additional regional analyses that have been
completed by Federal agencies since such programmatic
environmental impact statement was finalized;
(2) with respect to solar energy, by supplementing the July
2012 final programmatic environmental impact statement for
solar energy development and incorporating any additional
regional analyses that have been completed by Federal agencies
since such programmatic environmental impact statement was
finalized; and
(3) with respect to wind energy, by supplementing the July
2005 final programmatic environmental impact statement for wind
energy development and incorporating any additional regional
analyses that have been completed by Federal agencies since
such programmatic environmental impact statement was finalized.
(f) Additional Environmental Review.--If the Secretary determines
that additional environmental review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed
renewable energy project, the Secretary shall--
(1) rely on the analysis in the programmatic environmental
impact statement conducted under subsection (e), to the maximum
extent practicable when analyzing the potential impacts of the
project;
(2) complete any environmental review document in not more
than 364 days; and
(3) limit any review documents to 150 pages in length.
SEC. 302. GEOTHERMAL PRODUCTION ON FEDERAL LANDS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is
amended by adding at the end the following:
``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.
``(a) Definition of Geothermal Exploration Test Project.--In this
section, the term `geothermal exploration test project' means the
drilling of a well to test or explore for geothermal resources on lands
for which the Secretary has issued a lease under this Act, that--
``(1) is carried out by the holder of the lease;
``(2) causes--
``(A) less than 5 acres of soil or vegetation
disruption at the location of each geothermal
exploration well; and
``(B) not more than an additional 5 acres of soil
or vegetation disruption during access or egress to the
test site;
``(3) is developed--
``(A) less than 9 inches in diameter;
``(B) in a manner that does not require off-road
motorized access other than to and from the well site
along an identified off-road route;
``(C) without construction of new roads other than
upgrading of existing drainage crossings for safety
purposes;
``(D) with the use of rubber-tired digging or
drilling equipment vehicles; and
``(E) without the use of high-pressure well
stimulation;
``(4) is completed in less than 90 days, including the
removal of any surface infrastructure from the site; and
``(5) requires the restoration of the project site within 3
years of the date of first exploration drilling to
approximately the condition that existed at the time the
project began, unless the site is subsequently used as part of
energy development under the lease.
``(b) Categorical Exclusion.--
``(1) In general.--Unless extraordinary circumstances
exist, a project that the Secretary determines under subsection
(c) is a geothermal exploration test project shall be
categorically excluded from the requirements for an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or section 1508.4 of title 40, Code of Federal
Regulations (or a successor regulation).
``(2) Extraordinary circumstances definition.--In this
subsection, the term `extraordinary circumstances' has the same
meaning given such term in the Department of the Interior
Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2
(or successor provisions).
``(c) Process.--
``(1) Requirement to provide notice.--A leaseholder shall
provide notice to the Secretary of the leaseholder's intent to
carry out a geothermal exploration test project at least 30
days before the date on which drilling under the project will
begin.
``(2) Review and determination.--Not later than 10 days
after receipt of a notice of intent under paragraph (1), the
Secretary shall, with respect to the project described in the
notice of intent--
``(A) determine if the project qualifies for a
categorical exclusion under subsection (b); and
``(B) notify the leaseholder of such determination.
``(3) Opportunity to remedy.--If the Secretary determines
under paragraph (2)(A) that the project does not qualify for a
categorical exclusion under subsection (b), the Secretary
shall--
``(A) include in such notice clear and detailed
findings on any deficiencies in the project that
resulted in such determination; and
``(B) allow the leaseholder to remedy any such
deficiencies and resubmit the notice of intent under
paragraph (1).''.
SEC. 303. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND
GAS LEASES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Land subject to oil and gas lease.--Land under an oil
and gas lease issued pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is subject to an approved
application for permit to drill and from which oil and gas
production is occurring may be available for noncompetitive
leasing under subsection (c) by the holder of the oil and gas
lease--
``(A) on a determination that geothermal energy
will be produced from a well producing or capable of
producing oil and gas; and
``(B) in order to provide for the coproduction of
geothermal energy with oil and gas.''.
SEC. 304. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is further amended by adding at the end the following:
``(5) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term
`fair market value per acre' means a dollar
amount per acre that--
``(I) except as provided in this
clause, shall be equal to the market
value per acre (taking into account the
determination under subparagraph
(B)(iii) regarding a valid discovery on
the adjoining land) as determined by
the Secretary under regulations issued
under this paragraph;
``(II) shall be determined by the
Secretary with respect to a lease under
this paragraph, by not later than the
end of the 180-day period beginning on
the date the Secretary receives an
application for the lease; and
``(III) shall be not less than the
greater of--
``(aa) 4 times the median
amount paid per acre for all
land leased under this Act
during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term
`industry standards' means the standards by
which a qualified geothermal professional
assesses whether downhole or flowing
temperature measurements with indications of
permeability are sufficient to produce energy
from geothermal resources, as determined
through flow or injection testing or
measurement of lost circulation while drilling.
``(iii) Qualified federal land.--The term
`qualified Federal land' means land that is
otherwise available for leasing under this Act.
``(iv) Qualified geothermal professional.--
The term `qualified geothermal professional'
means an individual who is an engineer or
geoscientist in good professional standing with
at least 5 years of experience in geothermal
exploration, development, or project
assessment.
``(v) Qualified lessee.--The term
`qualified lessee' means a person who may hold
a geothermal lease under this Act (including
applicable regulations).
``(vi) Valid discovery.--The term `valid
discovery' means a discovery of a geothermal
resource by a new or existing slim hole or
production well, that exhibits downhole or
flowing temperature measurements with
indications of permeability that are sufficient
to meet industry standards.
``(B) Authority.--An area of qualified Federal land
that adjoins other land for which a qualified lessee
holds a legal right to develop geothermal resources may
be available for a noncompetitive lease under this
section to the qualified lessee at the fair market
value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1
acre and not more than 640 acres; and
``(II) is not already leased under
this Act or nominated to be leased
under subsection (a);
``(ii) the qualified lessee has not
previously received a noncompetitive lease
under this paragraph in connection with the
valid discovery for which data has been
submitted under clause (iii)(I); and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified lessee to the applicable Federal
land management agency that would lead
individuals who are experienced in the subject
matter to believe that--
``(I) there is a valid discovery of
geothermal resources on the land for
which the qualified lessee holds the
legal right to develop geothermal
resources; and
``(II) that geothermal feature
extends into the adjoining areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any
request to lease land under this
paragraph;
``(II) determine fair market value
for purposes of this paragraph in
accordance with procedures for making
those determinations that are
established by regulations issued by
the Secretary;
``(III) provide to a qualified
lessee and publish, with an opportunity
for public comment for a period of 30
days, any proposed determination under
this subparagraph of the fair market
value of an area that the qualified
lessee seeks to lease under this
paragraph; and
``(IV) provide to the qualified
lessee and any adversely affected party
the opportunity to appeal the final
determination of fair market value in
an administrative proceeding before the
applicable Federal land management
agency, in accordance with applicable
law (including regulations).
``(ii) Limitation on nomination.--After
publication of a notice of request to lease
land under this paragraph, the Secretary may
not accept under subsection (a) any nomination
of the land for leasing unless the request has
been denied or withdrawn.
``(iii) Annual rental.--For purposes of
section 5(a)(3), a lease awarded under this
paragraph shall be considered a lease awarded
in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after
the date of enactment of this paragraph, the Secretary
shall issue regulations to carry out this paragraph.''.
SEC. 305. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT
TO TERRITORIES OF THE UNITED STATES.
(a) In General.--Section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331) is amended--
(1) in paragraph (a)--
(A) by inserting after ``control'' the following:
``or lying within the exclusive economic zone of the
United States and the outer Continental Shelf adjacent
to any territory or possession of the United States'';
and
(B) by adding at the end before the semicolon the
following: ``, except that such term shall not include
any area conveyed by Congress to a territorial
government for administration'';
(2) in paragraph (p), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (q), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(r) The term `State' includes each territory of the United
States.''.
(b) Exclusions.--Section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344) is amended by adding at the end the following:
``(i) This section shall not apply to the scheduling of lease sales
in the outer Continental Shelf adjacent to the territories and
possessions of the United States.''.
SEC. 306. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE
UNITED STATES.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended--
(1) by striking ``All rentals'' and inserting the
following:
``(a) In General.--Except as otherwise provided in law, all
rentals''; and
(2) by adding at the end the following:
``(b) Disposition of Revenues to Territories of the United
States.--Of the rentals, royalties, and other sums paid to the
Secretary under this Act from a lease for an area of land on the outer
Continental Shelf adjacent to a territory and lying within the
exclusive economic zone of the United States pertaining to such
territory, and not otherwise obligated or appropriated--
``(1) 50 percent shall be deposited in the Treasury and
credited to miscellaneous receipts;
``(2) 12.5 percent shall be deposited in the Coral Reef
Conservation Fund established under section 211 of the Coral
Reef Conservation Act of 2000; and
``(3) 37.5 percent shall be disbursed to territories of the
United States in an amount for each territory (based on a
formula established by the Secretary by regulation) that is
inversely proportional to the respective distance between the
point on the coastline of the territory that is closest to the
geographic center of the applicable leased tract and the
geographic center of the leased tract.''.
SEC. 307. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.
(a) Conditional Wind Lease Sales in Territories of the United
States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
is amended by adding at the end the following:
``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.
``(a) Authorization.--The Secretary may conduct wind lease sales on
the outer Continental Shelf.
``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted
under this section shall be considered a lease under section 8(p).
``(c) Wind Lease Sales Off Coasts of Territories of the United
States.--
``(1) Study on feasibility of conducting wind lease
sales.--
``(A) In general.--The Secretary shall conduct a
study on the feasibility, including the technological
and long-term economic feasibility, of conducting wind
lease sales on an area of the outer Continental Shelf
within the territorial jurisdiction of American Samoa,
Guam, the Northern Mariana Islands, Puerto Rico, and
the Virgin Islands of the United States.
``(B) Consultation.--In conducting the study
required in paragraph (A), the Secretary shall
consult--
``(i) the National Renewable Energy
Laboratory of the Department of Energy; and
``(ii) the Governor of each of American
Samoa, Guam, the Northern Mariana Islands,
Puerto Rico, and the Virgin Islands of the
United States.
``(C) Publication.--The study required in paragraph
(A) shall be published in the Federal Register for
public comment for not fewer than 60 days.
``(D) Submission of results.--Not later than 18
months after the date of the enactment of this section,
the Secretary shall submit the results of the study
conducted under subparagraph (A) to:
``(i) the Committee on Energy and Natural
Resources of the Senate;
``(ii) the Committee on Natural Resources
of the House of Representatives; and
``(iii) each of the delegates or resident
commissioner to the House of Representatives
from American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands of
the United States, respectively.
``(E) Public availability.--The study required
under subparagraph (A) and results submitted under
subparagraph (C) shall be made readily available on a
public Government internet website.
``(2) Call for information and nominations.--The Secretary
shall issue a call for information and nominations for proposed
wind lease sales for areas determined to be feasible under the
study conducted under paragraph (1).
``(3) Conditional wind lease sales.--
``(A) In general.--For each territory, the
Secretary shall conduct not less than 1 wind lease sale
on an area of the outer Continental Shelf within the
territorial jurisdiction of such territory that meets
each of the following criteria:
``(i) The study required under paragraph
(1)(A) concluded that a wind lease sale on the
area is feasible.
``(ii) The Secretary has determined that
the call for information has generated
sufficient interest for the area.
``(iii) The Secretary has consulted with
the Secretary of Defense regarding such a sale.
``(iv) The Secretary has consulted with the
Governor of the territory regarding the
suitability of the area for wind energy
development.
``(B) Exception.--If no area of the outer
Continental Shelf within the territorial jurisdiction
of a territory meets each of the criteria in clauses
(i) through (iii) of subparagraph (A), the requirement
under subparagraph (A) shall not apply to such
territory.''.
SEC. 308. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND.
(a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C.
6401 et seq.) is amended by adding at the end the following:
``SEC. 211. CORAL REEF CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury the
Coral Reef Conservation Fund, hereafter referred to as the Fund.
``(b) Deposits.--For each fiscal year, there shall be deposited in
the Fund the portion of such revenues due and payable to the United
States under subsection (b)(2) of section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338).
``(c) Uses.--Amounts deposited in the Fund under this section and
appropriated to the Secretary of Commerce under subsection (f) shall be
used by the Secretary of Commerce to carry out the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6401 et seq.), with priority given
to carrying out sections 204 and 206 of such Act (16 U.S.C. 6403 and
6405).
``(d) Availability.--Amounts deposited in the Fund shall remain in
the Fund until appropriated by Congress.
``(e) Reporting.--The President shall include with the proposed
budget for the United States Government submitted to Congress for a
fiscal year a comprehensive statement of deposits into the Fund during
the previous fiscal year and estimated requirements during the
following fiscal year for appropriations from the Fund.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated from the Fund to the Secretary of Commerce, an amount
equal to the amount deposited in the Fund in the previous fiscal year.
``(g) No Limitation.--Appropriations from the Fund pursuant to this
section may be made without fiscal year limitation.''.
(b) Renaming of Existing Fund.--Section 205 of the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6404) is amended--
(1) in the heading, by striking ``coral reef conservation
fund'' and inserting ``coral reef public-private partnership'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Fund''
and inserting ``Public-Private Partnership''; and
(B) by striking ``, hereafter referred to as the
Fund,''; and
(3) in subsection (b), by striking ``Fund'' and inserting
``separate interest bearing account''.
TITLE IV--LIMITATIONS ON LEASING MORATORIUMS
SEC. 401. COAL LEASES.
Section 2(a)(1) of the Mineral Leasing Act (30 U.S.C. 202a(a)(1))
is amended by striking ``in his discretion, upon the request of any
qualified applicant or on his own motion from time to time'' and
inserting ``at the Secretary's discretion or upon the request of any
qualified applicant''.
SEC. 402. CONGRESSIONAL AUTHORITY REQUIREMENT.
Notwithstanding any other provision of law, the Secretary of the
Interior may not declare a moratorium on the leasing of Federal lands,
including on the Outer Continental Shelf, for the drilling, mining, or
collection of oil, gas, or coal, or related activities unless such
moratorium is authorized by an Act of Congress.
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