,i #aaeth ,,congress #ast ,session ,h4 ,r4 #ddbf ,,in ,,the ,,house ,,of ,,representatives ,november #af1 #bjag ,mr4 ,grijalva 7for himself1 ,mr4 ,lowenthal1 ,mr4 ,beyer1 ,mr4 ,soto1 ,mrs4 ,napolitano1 ,ms4 ,tsongas1 ,mr4 ,gomez1 ,mr4 ,huffman1 ,ms4 ,bordallo1 ,mr4 ,connolly1 ,ms4 ,norton1 ,ms4 ,barragn1 ,ms4 ,lee1 ,mr4 ,mc,eachin1 ,ms4 ,eshoo1 ,ms4 ,schakowsky1 ,mr4 ,polis1 and ,ms4 ,roybal-,allard7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,energy and ,commerce1 ,transportation and ,infrastructure1 ,agriculture1 ,education and the ,workforce1 ,ways and ,means1 and ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to reform ,federal onshore and offshore fossil fuel leasing1 exploration1 and development2 promote renewable energy on public lands2 prepare for the impacts of climate change2 increase industry accountability2 improve returns to taxpayers for the development of ,federal energy resources2 and protect special places1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sustainable ,energy ,development ,reform ,act4 #b4 ,table of contents ,the table of contents for this ,act is the following3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,fair ,return for ,taxpayers ,sec4 #aja4 ,onshore fossil fuel royalty rates4 ,sec4 #ajb4 ,minimum bid amount4 ,sec4 #ajc4 ,onshore oil and gas rental rates4 ,sec4 #ajd4 ,surface disturbance and reclamation4 ,sec4 #aje4 ,penalties4 ,sec4 #ajf4 ,royalty relief4 ,sec4 #ajg4 ,revision of ,royalty ,policy ,committee charter4 ,sec4 #ajh4 ,royalty in kind4 ,sec4 #aji4 ,amendments to definitions4 ,sec4 #aaj4 ,compliance reviews4 ,sec4 #aaa4 ,liability for royalty payments4 ,sec4 #aab4 ,recordkeeping4 ,sec4 #aac4 ,adjustments and refunds4 ,sec4 #aad4 ,obligation period4 ,sec4 #aae4 ,tolling agreements and subpoenas4 ,sec4 #aaf4 ,appeals4 ,sec4 #aag4 ,assessments4 ,sec4 #aah4 ,pilot project on automatic data transfer4 ,sec4 #aai4 ,penalty for late or incorrect reporting of data4 ,sec4 #abj4 ,required recordkeeping for natural gas plants4 ,sec4 #aba4 ,shared penalties4 ,sec4 #abb4 ,applicability to other minerals4 ,sec4 #abc4 ,entitlements4 ,sec4 #abd4 ,royalties on all extracted methane4 ,title ,,ii--,encouraging ,development of ,renewable ,energy ,subtitle ,a--,environmental ,reviews and ,permitting ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,renewable energy goal4 ,sec4 #bjc4 ,coordination4 ,sec4 #bjd4 ,land use planning2 supplements to programmatic environmental impact statements4 ,sec4 #bje4 ,environmental review on covered land4 ,sec4 #bjf4 ,program to improve renewable energy project permit coordination4 ,sec4 #bjg4 ,disposition of revenues4 ,sec4 #bjh4 ,study and report on conservation banking4 ,sec4 #bji4 ,brownfields4 ,subtitle ,b--,geothermal ,energy ,sec4 #bba4 ,reauthorization of ,geothermal ,steam ,act of #aigj4 ,sec4 #bbb4 ,national goal for geothermal energy4 ,sec4 #bbc4 ,facilitation of coproduction of geothermal energy on oil and gas leases4 ,sec4 #bbd4 ,noncompetitive leasing for geothermal4 ,sec4 #bbe4 ,report to ,congress4 ,subtitle ,c--,offshore ,renewable ,energy ,sec4 #bca4 ,wind leasing amendments4 ,sec4 #bcb4 ,report to ,congress4 ,title ,,iii--,preparing and ,managing for ,climate ,change ,sec4 #cja4 ,energy development policy4 ,sec4 #cjb4 ,preparing for climate change4 ,sec4 #cjc4 ,,ghg inventory4 ,sec4 #cjd4 ,terrestrial carbon sequestration pilot program4 ,sec4 #cje4 ,federal lands adaptation4 ,sec4 #cjf4 ,public ,lands ,service ,corps4 ,sec4 #cjg4 ,coastal ,state climate change planning4 ,title ,,iv--,onshore ,oil and ,gas ,reform ,subtitle ,a--,leasing ,reforms ,sec4 #dja4 ,leasing process4 ,sec4 #djb4 ,transparency and landowner protections4 ,sec4 #djc4 ,lease stipulations4 ,sec4 #djd4 ,master leasing plans4 ,sec4 #dje4 ,parcel review4 ,sec4 #djf4 ,acreage limitations4 ,sec4 #djg4 ,land management4 ,sec4 #djh4 ,oil shale4 ,subtitle ,b--,permitting ,reforms ,sec4 #daa4 ,categorical exclusions4 ,sec4 #dab4 ,permitting deadline4 ,sec4 #dac4 ,abandoned and orphaned wells4 ,sec4 #dad4 ,online publication of notices of staking and applications for permits to drill4 ,sec4 #dae4 ,having open access to relevant data4 ,subtitle ,c--,operational ,reforms ,sec4 #dba4 ,best management practices4 ,sec4 #dbb4 ,inspection fee4 ,sec4 #dbc4 ,protection of water resources4 ,sec4 #dbd4 ,methane emissions4 ,sec4 #dbe4 ,fracking regulation on ,federal lands4 ,sec4 #dbf4 ,closing loopholes4 ,sec4 #dbg4 ,transparency in management of leases4 ,sec4 #dbh4 ,lease cancellation for improper issuance4 ,sec4 #dbi4 ,protecting ,national ,parks and ,wildlife ,refuges4 ,title ,v--,offshore ,oil and ,gas ,reforms ,subtitle ,a--,regional ,coordination and ,planning ,sec4 #eja4 ,definitions4 ,sec4 #ejb4 ,regional coordination4 ,sec4 #ejc4 ,regional ,coordination ,councils4 ,sec4 #ejd4 ,regional strategic plans4 ,sec4 #eje4 ,regulations4 ,sec4 #ejf4 ,ocean ,resources ,conservation and ,assistance 7,,orca7 ,fund4 ,sec4 #ejg4 ,waiver4 ,subtitle ,b--,outer ,continental ,shelf ,lands ,act ,amendments ,sec4 #eaa4 ,national policy for the ,outer ,continental ,shelf4 ,sec4 #eab4 ,,ocs leasing standard4 ,sec4 #eac4 ,,ocs leasing procedures4 ,sec4 #ead4 ,funding4 ,sec4 #eae4 ,exploration plans4 ,sec4 #eaf4 #e-year programs4 ,sec4 #eag4 ,environmental studies4 ,sec4 #eah4 ,inspections and certifications4 ,sec4 #eai4 ,petitions4 ,subtitle ,c--,other ,provisions ,sec4 #eba4 ,contractor liability4 ,sec4 #ebb4 ,area-wide leasing4 ,sec4 #ebc4 ,frontier areas4 ,sec4 #ebd4 ,strengthening coastal ,state oil spill planning and response4 ,sec4 #ebe4 ,repeal of limitation on liability for offshore facilities4 ,sec4 #ebf4 ,evidence of financial responsibility for offshore facilities4 ,title ,,vi--,coal ,reforms ,sec4 #fja4 ,powder ,river ,basin4 ,sec4 #fjb4 ,deductions4 ,sec4 #fjc4 ,valuation4 ,sec4 #fjd4 ,methane recovery4 ,sec4 #fje4 ,self-bonding4 ,sec4 #fjf4 ,stream protection4 ,sec4 #fjg4 ,certified ,states4 ,sec4 #fjh4 ,economic redevelopment on abandoned mine lands4 ,sec4 #fji4 ,prohibition on blasting within one mile of any occupied dwelling4 ,sec4 #faj4 ,coal ,miners ,pension ,protection4 ,title ,,vii--,land ,management and ,science ,sec4 #gja4 ,,anwr4 ,sec4 #gjb4 ,land management standard4 ,sec4 #gjc4 ,geological and geophysical data4 ,sec4 #gjd4 ,land and ,water ,conservation ,fund4 ,sec4 #gje4 ,mitigation4 ,i ,fair ,return for ,taxpayers #aja4 ,onshore fossil fuel royalty rates ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended-- 7#a7 in section #g1 by striking #aba_/b and inserting #ah4ge2 7#b7 in section #ag1 by-- 7,a7 striking #ab4e each place such term appears and inserting #ah4ge2 and 7,b7 striking #aba_/b each place such term appears and inserting #ah4ge2 and 7#c7 in section #ca7;e71 by striking #afb_/c both places such term appears and inserting #be4 #ajb4 ,minimum bid amount ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended-- 7#a7 in subsection 7b77#a77;,b7-- 7,a7 by striking #b per acre and inserting #e per acre1 except as otherwise provided by this paragraph2 and 7,b7 by striking for a period of #b years from the date of enactment of the ,federal ,onshore ,oil and ,gas ,leasing ,reform ,act of #aihg2 7#b7 in subsection 7b77#b77;,c71 by striking #b per acre and inserting #e per acre2 and 7#c7 by adding at the end the following3 7q7 ,inflation adjustment ,the ,secretary shall-- 7#a7 by regulation1 at least once every #d years1 adjust each of the dollar amounts that apply under subsections 7b77#a77;,b71 7b77#b77;,c71 and 7d7 to reflect the change in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics2 and 7#b7 publish each such regulation in the ,federal ,register4 4 #ajc4 ,onshore oil and gas rental rates ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended-- 7#a7 in section #ag7;d7-- 7,a7 by striking #a4ej per acre and inserting #c per acre2 and 7,b7 by striking #b per acre and inserting #e per acre2 and 7#b7 in section #ca7;e71 by striking #aj and inserting #bj4 #ajd4 ,surface disturbance and reclamation ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g77 is amended to read as follows3 7g7 ,regulation of surface-,disturbing activities2 approval of plan of operations2 bond or surety2 failure ,to comply with reclamation requirements as barring lease2 opportunity ,to comply with requirements2 standards2 monitoring 7#a7 ,definitions ,in this subsection3 7,a7 ,interim reclamation plan ,the term ,interim ,reclamation ,plan means an ongoing plan specifying reclamation steps to be taken on all disturbed areas covered by any lease issued under this ,act that are not needed for active operations4 ,such ,interim ,reclamation ,plans shall be reviewed by the relevant ,secretary at regular intervals and shall be amended as warranted1 subject to the approval of the relevant ,secretary4 7,b7 ,final reclamation plan ,the term ,final ,reclamation ,plan includes a detailed description of all reclamation activity to be conducted for all disturbed areas covered by a lease issued under this ,act prior to final abandonment4 ,final ,reclamation ,plans shall include reclamation of all locations1 facilities1 trenches1 rights-of-way1 roads and any other surface disturbance on lands covered by the lease4 7#b7 ,in general ,the ,secretary of the ,interior1 or for ,national ,forest lands1 the ,secretary of ,agriculture1 shall regulate all surface-disturbing activities conducted pursuant to any lease issued under this ,act1 and shall determine reclamation and other actions as required in the interest of conservation of surface resources4 7#c7 ,reclamation plans required 7,a7 ,applications for permits to drill ,each application for a permit to drill submitted to the ,secretary pursuant to this ,act shall include both an ,interim ,reclamation ,plan and a ,final ,reclamation ,plan4 7,b7 ,analysis and approval required ,no permit to drill on an oil and gas lease issued under this ,act may be granted without the analysis and approval by the ,secretary concerned of both an interim reclamation plan and a final reclamation plan covering proposed surface-disturbing activities within the lease area4 7,c7 ,plans of operations ,all ,plans of ,operations submitted and approved pursuant to this ,act shall include an ,interim ,reclamation ,plan4 7#d7 ,bonding 7,a7 ,in general ,the ,secretary concerned shall1 by regulation1 require that an adequate bond1 surety1 or other financial arrangement will be established prior to the commencement of surface-disturbing activities on any lease1 to ensure the complete and timely reclamation of the lease tract1 and the restoration of any lands or surface waters adversely affected by lease operations after the abandonment or cessation of oil and gas operations on the lease4 ,the ,secretary shall not issue a lease or leases or approve the assignment of any lease or leases under the terms of this section to any person1 association1 corporation1 or any subsidiary1 affiliate1 or person controlled by or under common control with such person1 association1 or corporation1 during any period in which1 as determined by the ,secretary of the ,interior or ,secretary of ,agriculture1 such entity has failed or refused to comply in any material respect with the reclamation requirements and other standards established under this section for any prior lease to which such requirements and standards applied4 ,prior to making such determination with respect to any such entity the concerned ,secretary shall provide such entity with adequate notification and an opportunity to comply with such reclamation requirements and other standards and shall consider whether any administrative or judicial appeal is pending4 ,once the entity has complied with the reclamation requirement or other standard concerned an oil or gas lease may be issued to such entity under this ,act4 7,b7 ,limitation on bonds ,a bond1 surety1 or other financial arrangement described in subparagraph 7,a7 shall not be adequate if it is less than-- 7i7 #ej1jjj1 in the case of an arrangement for an individual surface-disturbing activity of an entity2 7ii7 #bej1jjj1 in the case of an arrangement for all surface-disturbing activities of an entity in a ,state2 or 7iii7 #a1jjj1jjj1 in the case of an arrangement for all surface-disturbing activities of an entity in the ,united ,states4 7,c7 ,adjustments for inflation ,in the application of subparagraph 7,b71 the ,secretaries concerned shall jointly at least once every three years adjust the dollar amounts in subparagraph 7,b7 to account for inflation4 7#e7 ,standards ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall1 by regulation1 establish uniform standards for all ,interim and ,final ,reclamation ,plans4 ,the goal of such plans shall be the restoration of the affected ecosystem to a condition approximating or equal to that which existed prior to the surface disturbance4 ,such standards shall include1 but are not limited to1 restoration of natural vegetation and hydrology1 habitat restoration1 salvage1 storage and reuse of topsoils1 erosion control1 control of invasive species and noxious weeds and natural contouring4 7#f7 ,monitoring ,the ,secretary concerned shall not approve final abandonment and shall not release any bond required by this ,act until the standards and requirement for final reclamation established pursuant to this ,act have been met4 4 #aje4 ,penalties 7a7 ,mineral ,leasing ,act ,section #da of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aie7 is amended-- 7#a7 in subsection 7b71 by striking #ejj1jjj and inserting #a1jjj1jjj2 and 7#b7 in subsection 7c71 by striking #ajj1jjj and inserting #bej1jjj4 7b7 ,federal ,oil and ,gas ,royalty ,management ,act of #aihb ,the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq47 is amended-- 7#a7 in section #aji-- 7,a7 in subsection 7a71 by striking #ejj and inserting #a1ejj2 7,b7 in subsection 7b71 by striking #e1jjj and inserting #ae1jjj2 7,c7 in subsection 7c71 by striking #aj1jjj and inserting #be1jjj2 and 7,d7 in subsection 7d71 by striking #be1jjj and inserting #ge1jjj2 and 7#b7 in section #aaj1 by striking #ej1jjj and inserting #aej1jjj4 7c7 ,outer ,continental ,shelf ,lands ,act 7#a7 ,civil penalty1 generally ,section #bd7;b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acej7;b77 is amended to read as follows3 7b7 7#a7 ,except as provided in paragraph 7#b71 any person who fails to comply with any provision of this ,act1 or any term of a lease1 license1 or permit issued pursuant to this ,act1 or any regulation or order issued under this ,act1 shall be liable for a civil administrative penalty of not more than #ge1jjj for each day of the continuance of such failure4 ,the ,secretary may assess1 collect1 and compromise any such penalty4 ,no penalty shall be assessed until the person charged with a violation has been given an opportunity for a hearing4 ,the ,secretary shall1 by regulation at least every #c years1 adjust the penalty specified in this paragraph to reflect any increases in the ,consumer ,price ,index 7all items1 ,united ,states city average7 as prepared by the ,department of ,labor4 7#b7 ,if a failure described in paragraph 7#a7 constitutes or constituted a threat of harm or damage to life 7including fish and other aquatic life71 property1 any mineral deposit1 or the marine1 coastal1 or human environment1 a civil penalty of not more than #aej1jjj shall be assessed for each day of the continuance of the failure4 4 7#b7 ,knowing and willful violations ,section #bd7;c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acej7;c77 is amended by striking #ajj1jjj and inserting #a1jjj1jjj4 7#c7 ,officers and agents of corporations ,section #bd7;d7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acej7;d77 is amended by inserting 1 or with willful disregard1 after knowingly and willfully4 #ajf4 ,royalty relief 7a7 ,gulf of ,mexico royalty relief ,the following provisions of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja et seq47 are hereby repealed3 7#a7 ,section #cdd 7relating to incentives for natural gas production from deep wells in the shallow waters of the ,gulf of ,mexico74 7#b7 ,section #cde 7relating to royalty relief for deep water production74 7b7 ,alaska royalty relief 7#a7 ,provisions relating to planning areas offshore ,alaska ,section #h7;a77#c77;,b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;a77#c77;,b77 is amended by striking and in the ,planning ,areas offshore ,alaska after ,west longitude4 7#b7 ,provisions relating to naval petroleum reserve in ,alaska ,section #ajg of the ,naval ,petroleum ,reserves ,production ,act of #aigf is amended-- 7,a7 in subsection 7i71 by striking paragraphs 7#b7 through 7#f72 and 7,b7 by striking subsection 7k74 #ajg4 ,revision of ,royalty ,policy ,committee charter ,not later than one year after enactment of this ,act1 or ,march #bi1 #bjai1 whichever is earlier1 the ,secretary of the ,interior shall revise the charter of the ,royalty ,policy ,committee 7as signed on ,march #bi1 #bjag7 to-- 7#a7 require that of the #f members of such ,committee who are representatives of the ,governors of ,states1 no more than #d members may be representatives of ,governors of the same political party2 7#b7 increase to #f the number of members who are representatives of academia or public1 of whom-- 7,a7 #b members shall be representatives of academia2 7,b7 #b members shall be representatives of public interest groups2 and 7,c7 #b members shall be representatives of nonprofit environmental groups2 and 7#c7 require that for a person to be eligible to serve as a member who is a representative of a person who is a mineral stakeholder or energy stakeholder 7or both7 in ,federal and ,indian royalty policy1 the employer of that member must release-- 7,a7 for the preceding #aj-year period-- 7i7 aggregated information on all ,federal royalty payments made by the employer1 by year and by commodity2 7ii7 conclusions from compliance reviews and audits conducted by ,federal or ,state revenue collection entities2 and 7iii7 a description of all enforcement actions taken against the employer regarding payment of ,federal or ,state royalties2 and 7,b7 records of-- 7i7 prices charged by the employer for sales of minerals to captive affiliates of the employer2 and 7ii7 prices charged by such affiliates for subsequent resales of such minerals4 #ajh4 ,royalty in kind 7a7 ,onshore oil and gas lease royalties ,section #cf of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aib7 is amended in the first sentence by inserting 1 except that the ,secretary may not demand such payments in oil or gas greater than the amount necessary to fill the strategic petroleum reserve after paid in oil or gas4 7b7 ,offshore oil and gas lease royalties ,section #bg7;a77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acec7;a77 is amended by striking the period at the end and inserting 1 except that the ,secretary may not demand such payments in oil or gas greater than the amount necessary to fill the strategic petroleum reserve44 #aji4 ,amendments to definitions ,section #c of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agjb7 is amended-- 7#a7 in paragraph 7#h71 by striking the semicolon and inserting 1 including the ,act of ,october #bj1 #aiad 7#ch ,stat4 #gda71 the ,act of ,february #be1 #aibj 7#da ,stat4 #dcg71 the ,act of ,april #ag1 #aibf 7#dd ,stat4 #cja71 the ,act of ,february #g1 #aibg 7#dd ,stat4 #ajeg71 and all ,acts heretofore or hereafter enacted that are amendatory of or supplementary to any of the foregoing ,acts22 7#b7 in paragraph 7#bj77;,a71 by striking 3 ,provided1 ,that and all that follows through subject of the judicial proceeding2 7#c7 in paragraph 7#bj77;,b71 by striking 7with written notice to the lessee who designated the designee72 7#d7 in paragraph 7#bc77;,a71 by striking 7with written notice to the lessee who designated the designee72 7#e7 by striking paragraph 7#bd7 and inserting the following3 7#bd7 designee means a person who pays1 offsets1 or credits monies1 makes adjustments1 requests and receives refunds1 or submits reports with respect to payments a lessee must make pursuant to section #ajb7;a72 2 7#f7 in paragraph 7#be71 in subparagraph 7,b7-- 7,a7 by striking 7subject to the provisions of section #ajb7;a7 of this ,act72 and 7,b7 in clause 7ii71 by striking subclause 7,,iv7 and all that follows through the end of the subparagraph and inserting the following3 7,,iv7 any assignment1 that arises from or relates to any lease1 easement1 right-of-way1 permit1 or other agreement regardless of form administered by the ,secretary for1 or any mineral leasing law related to1 the exploration1 production1 and development of oil and gas or other energy resource on ,federal lands or the ,outer ,continental ,shelf2 2 7#g7 in paragraph 7#bi71 by inserting or permit after lease2 and 7#h7 by striking and after the semicolon at the end of paragraph 7#cb71 by striking the period at the end of paragraph 7#cc7 and inserting a semicolon1 and by adding at the end the following new paragraphs3 7#cd7 compliance review means a full-scope or a limited-scope examination of a lessee's lease accounts to compare one or all elements of the royalty equation 7volume1 value1 royalty rate1 and allowances7 against anticipated elements of the royalty equation to test for variances2 and 7#ce7 marketing affiliate means an affiliate of a lessee whose function is to acquire the lessee's production and to market that production4 4 #aaj4 ,compliance reviews ,section #aja of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agaa7 is amended by adding at the end the following new subsection3 7d7 ,the ,secretary may1 as an adjunct to audits of accounts for leases1 utilize compliance reviews of accounts4 ,such reviews shall not constitute nor substitute for audits of lease accounts4 ,any disparity uncovered in such a compliance review shall be immediately referred to a program auditor4 ,the ,secretary shall1 before completion of a compliance review1 provide notice of the review to designees whose obligations are the subject of the review4 4 #aaa4 ,liability for royalty payments ,section #ajb7;a7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agab7;a77 is amended to read as follows3 7a7 ,in order to increase receipts and achieve effective collections of royalty and other payments1 a lessee who is required to make any royalty or other payment under a lease1 easement1 right-of-way1 permit1 or other agreement1 regardless of form1 or under the mineral leasing laws1 shall make such payment in the time and manner as may be specified by the ,secretary or the applicable delegated ,state4 ,any person who pays1 offsets1 or credits monies1 makes adjustments1 requests and receives refunds1 or submits reports with respect to payments the lessee must make is the lessee's designee under this ,act4 ,notwithstanding any other provision of this ,act to the contrary1 a designee shall be liable for any payment obligation of any lessee on whose behalf the designee pays royalty under the lease4 ,the person owning operating rights in a lease and a person owning legal record title in a lease shall be liable for that person's pro rata share of payment obligations under the lease4 4 #aab4 ,recordkeeping ,section #ajc7;b7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agab7;a77 is amended by striking #f and inserting #g4 #aac4 ,adjustments and refunds ,section #aaa;,a of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agba;a7 is amended-- 7#a7 in subsection 7a77#c71 by inserting 7,a7 after 7#c71 and by striking the last sentence and inserting the following3 7,b7 ,except as provided in subparagraph 7,c71 no adjustment may be made with respect to an obligation that is the subject of an audit or compliance review after completion of the audit or compliance review1 respectively1 unless such adjustment is approved by the ,secretary or the applicable delegated ,state1 as appropriate4 7,c7 ,if an overpayment is identified during an audit1 the ,secretary shall allow a credit in the amount of the overpayment4 2 7#b7 in subsection 7a77#d7-- 7,a7 by striking six-year and inserting four-year2 and 7,b7 by striking shall the first time such term appears and inserting may2 and 7#c7 in subsection 7b77#a7 by striking and after the semicolon at the end of subparagraph 7,c71 by striking the period at the end of subparagraph 7,d7 and inserting 2 and1 and by adding at the end the following3 7,e7 is made within the adjustment period for that obligation4 4 #aad4 ,obligation period ,section #aae7;c7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;c77 is amended by adding at the end the following new paragraph3 7#c7 ,adjustments ,in the case of an adjustment under section #aaa;,a7a7 in which a recoupment by the lessee results in an underpayment of an obligation1 for purposes of this ,act the obligation becomes due on the date the lessee or its designee makes the adjustment4 4 #aae4 ,tolling agreements and subpoenas 7a7 ,tolling agreements ,section #aae7;d77#a7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;d77#a77 is amended by striking 7with notice to the lessee who designated the designee74 7b7 ,subpoenas ,section #aae7;d77#b77;,a7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;d77#b77;,a77 is amended by striking 7with notice to the lessee who designated the designee1 which notice shall not constitute a subpoena to the lessee74 #aaf4 ,appeals ,section #aae7;h7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7;h77 is amended-- 7#a7 in paragraph 7#a71 in the heading1 by striking #cc-month and inserting #dh-month2 7#b7 by striking #cc months each place it appears and inserting #dh months2 and 7#c7 by striking #cc-month each place it appears and inserting #dh-month4 #aag4 ,assessments ,section #aaf of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agbd7 is repealed4 #aah4 ,pilot project on automatic data transfer 7a7 ,pilot project ,within #b years after the date of the enactment of this ,act1 the ,secretary of the ,interior shall complete a pilot project with willing operators of oil and gas leases on the outer ,continental ,shelf 7as such term is defined in the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq477 that assesses the costs and benefits of automatic transmission of data regarding the volume and quality of oil and gas produced under ,federal leases on the outer ,continental ,shelf in order to improve the production verification systems used to ensure accurate royalty collection and audit4 7b7 ,report ,the ,secretary shall submit to ,congress a report on findings and recommendations of the pilot project within #c years after the date of the enactment of this ,act4 #aai4 ,penalty for late or incorrect reporting of data 7a7 ,in general ,the ,secretary of the ,interior shall issue regulations by not later than #a year after the date of enactment of this ,act that establish a civil penalty for late or incorrect reporting of data under the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq474 7b7 ,amount ,the amount of the civil penalty shall be-- 7#a7 an amount 7subject to paragraph 7#b77 that the ,secretary determines is sufficient to ensure filing of data in accordance with that ,act2 and 7#b7 not less than #aj for each failure to file correct data in accordance with that ,act4 7c7 ,content of regulations ,except as provided in subsection 7b71 the regulations issued under this section shall be substantially similar to section #baf4dj of title #cj1 ,code of ,federal ,regulations1 as most recently in effect before the date of enactment of this ,act4 #abj4 ,required recordkeeping for natural gas plants ,no later than #a year after the date of the enactment of this ,act1 the ,secretary of the ,interior shall publish final regulations with respect to required recordkeeping of natural gas measurement data as set forth in section #bej4abjc of title #cj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to include operators and other persons involved in the transporting1 purchasing1 or selling of gas under the requirements of that rule1 under the authority provided in section #ajc of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agac74 #aba4 ,shared penalties ,section #bjf of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agcf7 is amended by striking ,any payments under this section shall be reduced by an amount equal to any payments provided or due to such ,state or ,indian tribe under the cooperative agreement or delegation1 as applicable1 during the fiscal year in which the civil penalty is received1 up to the total amount provided or due for that fiscal year44 #abb4 ,applicability to other minerals ,section #cjd of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agec7 is amended by adding at the end the following new subsection3 7e7 ,applicability to other minerals 7#a7 ,notwithstanding any other provision of law1 sections #ajg1 #aji1 and #aaj of this ,act and the regulations duly promulgated with respect thereto shall apply to any lease authorizing the development of coal or any other solid mineral on any ,federal lands or ,indian lands1 to the same extent as if such lease were an oil and gas lease1 on the same terms and conditions as those authorized for oil and gas leases4 7#b7 ,notwithstanding any other provision of law1 sections #ajg1 #aji1 and #aaj of this ,act and the regulations duly promulgated with respect thereto shall apply with respect to any lease1 easement1 right-of-way1 or other agreement1 regardless of form 7including any royalty1 rent1 or other payment due thereunder7-- 7,a7 under section #h7k7 or #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7k7 and #accg7p772 or 7,b7 under the ,geothermal ,steam ,act 7#cj ,u4,s4,c4 #ajja et seq471 to the same extent as if such lease1 easement1 right-of-way1 or other agreement were an oil and gas lease on the same terms and conditions as those authorized for oil and gas leases4 7#c7 ,for the purposes of this subsection1 the term solid mineral means any mineral other than oil1 gas1 and geo-pressured-geothermal resources1 that is authorized by an ,act of ,congress to be produced from public lands 7as that term is defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 4 #abc4 ,entitlements 7a7 ,directed rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,interior shall publish final regulations prescribing when a ,federal lessee or designee must report and pay royalties on-- 7#a7 the volume of oil and gas such lessee or designee produces or takes under a ,federal lease or ,indian lease2 or 7#b7 the volume of oil and gas that such lessee or designee is entitled to based on its ownership interest under a unitization agreement for ,federal leases or ,indian leases4 7b7 #ajj percent entitlement reporting and paying ,the ,secretary shall give consideration to requiring #ajj percent entitlement reporting and paying based on ,federal or ,indian oil and gas lease ownership4 #abd4 ,royalties on all extracted methane 7a7 ,assessment on all production 7#a7 ,in general ,except as provided in paragraph 7#b71 royalties otherwise authorized or required under the mineral leasing laws 7as that term is defined in the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq477 to be paid for gas shall be assessed on all gas produced under the mineral leasing laws1 including-- 7,a7 gas used or consumed within the area of the lease tract for the benefit of the lease 7commonly referred to as beneficial use gas72 and 7,b7 all gas that is consumed or lost by venting1 flaring1 or fugitive releases through any equipment during upstream operations4 7#b7 ,exception ,paragraph 7#a7 shall not apply with respect to-- 7,a7 gas vented or flared in an acute emergency situation that poses danger to human health that occurs for no longer than #dh hours2 and 7,b7 gas injected into the ground on a lease tract in order to enhance production of an oil or gas well or for some other purpose4 7b7 ,conforming amendments 7#a7 ,mineral ,leasing ,act ,the ,mineral ,leasing ,act is amended-- 7,a7 in section #ad 7#cj ,u4,s4,c4 #bbc71 by adding at the end the following3 ,notwithstanding any other provision of this ,act 7including this section71 royalty shall be assessed with respect to oil and gas1 other than gas described in section #abd7;a77#b7 of the ,sustainable ,energy ,development ,reform ,act1 without regard to whether oil or gas is removed or sold from the leased land42 7,b7 in section #ag 7#cj ,u4,s4,c4 #bbf71 by striking removed or sold each place it appears2 7,c7 in section #bb 7#cj ,u4,s4,c4 #bea71 by striking sold or removed2 and 7,d7 in section #ca 7#cj ,u4,s4,c4 #ahh71 by striking removed or sold each place it appears4 7#b7 ,outer ,continental ,shelf ,lands ,act ,the ,outer ,continental ,shelf ,lands ,act is amended-- 7,a7 in section #f7;a77#h7 7#dc ,u4,s4,c4 #acce7;a77#h771 by striking saved1 removed1 or sold each place it appears2 and 7,b7 in section #h7;a7 7#dc ,u4,s4,c4 #accg7;a77-- 7i7 in paragraph 7#a71 by striking saved1 removed1 or sold each place it appears2 and 7ii7 by adding at the end the following3 7#i7 ,notwithstanding any other provision of this ,act 7including this section71 royalty under this ,act shall be assessed with respect to oil and gas1 other than gas described in section #abd7;a77#b7 of the ,sustainable ,energy ,development ,reform ,act1 without regard to whether oil or gas is removed or sold from the leased land4 4 7c7 ,application ,the amendments made by this section shall apply only with respect to leases issued on or after the date of the enactment of this ,act4 ,,ii ,encouraging ,development of ,renewable ,energy ,a ,environmental ,reviews and ,permitting #bja4 ,definitions ,in this subtitle3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 public land administered by the ,secretary of the ,interior2 and 7,b7 not excluded from the development of geothermal1 solar1 or wind energy under-- 7i7 a land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7ii7 other ,federal law4 7#b7 ,director ,the term ,director means the ,director of the ,bureau of ,land ,management4 7#c7 ,exclusion area ,the term exclusion area means covered land that is identified by the ,bureau of ,land ,management as not suitable for development of renewable energy projects4 7#d7 ,priority area ,the term priority area means covered land identified by the land use planning process of the ,bureau of ,land ,management as being a preferred location for a renewable energy project4 7#e7 ,federal land ,the term ,federal land means-- 7,a7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7772 and 7,b7 public land4 7#f7 ,fund ,the term ,fund means the ,renewable ,energy ,resource ,conservation ,fund established by section #bjg7;c77#a74 7#g7 ,public land ,the term public land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#h7 ,renewable energy project ,the term renewable energy project means a project carried out on covered land that uses wind1 solar1 geothermal1 wave1 current1 tidal1 or ocean thermal energy to generate electricity4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,variance area ,the term variance area means covered land that is-- 7,a7 not an exclusion area2 7,b7 not a priority area2 and 7,c7 identified by the ,secretary as-- 7i7 potentially available for renewable energy development2 and 7ii7 land on which such development can be conducted under a land use plan previously approved1 and consistent with the principles of multiple use applicable1 under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 #bjb4 ,renewable energy goal ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall seek to issue permits that authorize production of not less than #be gigawatts of electricity from renewable energy projects by not later than #bjbe1 through management of public lands1 and administration of ,federal laws1 under their respective jurisdictions4 #bjc4 ,coordination ,the ,secretary shall establish a position in the ,department of the ,interior with the responsibility to-- 7#a7 coordinate renewable energy project reviews across agencies of the ,department2 and 7#b7 report to ,congress annually on the effectiveness of such coordination efforts4 #bjd4 ,land use planning2 supplements to programmatic environmental impact statements 7a7 ,priority areas 7#a7 ,in general ,the ,director shall establish priority areas on covered land for geothermal1 solar1 and wind energy projects4 7#b7 ,deadline 7,a7 ,geothermal energy ,for geothermal energy1 the ,director shall establish priority and variance areas as soon as practicable1 but not later than #e years1 after the date of enactment of this ,act4 7,b7 ,solar energy ,for solar energy1 the #bjab western solar plan of the ,bureau of ,land ,management1 as amended by subsequent land use plan amendments1 shall be considered to establish priority and variance areas for solar energy projects4 7,c7 ,wind energy ,for geothermal energy1 the ,director shall establish priority and variance areas as soon as practicable1 but not later than #c years1 after the date of enactment of this ,act4 7b7 ,variance areas ,to the maximum extent practicable1 variance areas shall be considered for renewable energy project development1 consistent with the principles of multiple use 7as defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq4774 7c7 ,review and modification ,not less frequently than once every #aj years1 the ,director shall-- 7#a7 review the adequacy of land allocations for geothermal1 solar1 and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities2 and 7#b7 based on the review carried out under paragraph 7#a71 add1 modify1 or eliminate priority and variance areas4 7d7 ,compliance with the ,national ,environmental ,policy ,act of #aifi ,for purposes of this section1 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be accomplished-- 7#a7 for geothermal energy1 by supplementing the ,october #bjjh final programmatic environmental impact statement for geothermal leasing in the western ,united ,states2 7#b7 for solar energy1 by supplementing the ,july #bjab final programmatic environmental impact statement for solar energy projects through more detailed regional analyses2 and 7#c7 for wind energy1 by supplementing the ,july #bjje final programmatic environmental impact statement for wind energy projects4 7e7 ,no effect on processing applications ,a requirement to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing an application for a renewable energy project4 7f7 ,coordination ,in developing a supplement required by this section1 the ,secretary shall coordinate1 on an ongoing basis1 with appropriate ,state1 tribal1 and local governments1 transmission infrastructure owners and operators1 developers1 and other appropriate entities to ensure that priority areas identified by the ,secretary are-- 7#a7 economically viable 7including having access to transmission72 7#b7 likely to avoid or minimize impacts to habitat for animals and plants1 recreation1 and other uses of covered land2 and 7#c7 consistent with section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab71 including subsection 7c77#i7 of that section 7#dc ,u4,s4,c4 #agab7;c77#i774 7g7 ,removal from classification ,in carrying out subsections 7a71 7d71 and 7e71 if the ,secretary determines an area previously suited for development should be removed from priority or variance classification1 not later than #ij days after the date of the determination1 the ,secretary shall submit to ,congress a report on the determination4 #bje4 ,environmental review on covered land 7a7 ,in general ,if the ,director determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement prepared under section #bjd7;d71 the head of the applicable ,federal agency shall not require any additional review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,additional environmental review ,if the ,director determines that additional environmental review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is necessary for a proposed renewable energy project1 the head of the applicable ,federal agency shall rely on the analysis in the programmatic environmental impact statement conducted under section #bjd7;d71 to the maximum extent practicable when analyzing the potential impacts of the project4 #bjf4 ,program to improve renewable energy project permit coordination 7a7 ,establishment ,the ,secretary shall establish a program to improve ,federal permit coordination with respect to renewable energy projects on covered land4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall enter into a memorandum of understanding for purposes of this section1 including to specifically expedite the environmental analysis of applications for projects proposed in a variance area1 with-- 7,a7 the ,secretary of ,agriculture2 and 7,b7 the ,assistant ,secretary of the ,army for ,civil ,works4 7#b7 ,state participation ,the ,secretary may request the ,governor of any interested ,state to be a signatory to the memorandum of understanding under paragraph 7#a74 7c7 ,designation of qualified staff 7#a7 ,in general ,not later than #cj days after the date on which the memorandum of understanding under subsection 7b7 is executed1 all ,federal signatories1 as appropriate1 shall identify for each of the ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed1 including1 as applicable1 particular expertise in-- 7,a7 consultation regarding1 and preparation of1 biological opinions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 7,b7 permits under section #djd of ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 7,c7 regulatory matters under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,d7 planning under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a72 7,e7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,f7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 and 7,g7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,duties ,each employee identified under paragraph 7#a7 shall-- 7,a7 be responsible for all issues relating to the jurisdiction of the home office or agency of the employee2 and 7,b7 participate as part of the team of personnel working on proposed energy projects1 planning1 monitoring1 inspection1 enforcement1 and environmental analyses4 7d7 ,renewable energy coordination offices ,in carrying out the program established under subsection 7a71 the ,secretary may-- 7#a7 establish additional ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices2 or 7#b7 temporarily assign the qualified employees identified under subsection 7c7 to a ,state1 district1 or field office of the ,bureau of ,land ,management to expedite the permitting of renewable energy projects4 7e7 ,report to ,congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of enactment of this ,act1 and each ,february #a thereafter1 the ,secretary shall submit to the ,chairperson and ,ranking ,member of the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing the progress made pursuant to the program under this subtitle during the preceding year4 7#b7 ,inclusions ,each report under this subsection shall include-- 7,a7 projections for renewable energy production and capacity installations2 and 7,b7 a description of any problems relating to leasing1 permitting1 siting1 or production4 #bjg4 ,disposition of revenues 7a7 ,disposition of revenues ,without further appropriation or fiscal year limitation1 of the amounts collected as bonus bids1 royalties1 rentals1 fees1 or other payments under a right-of-way1 permit1 lease1 or other authorization 7other than payments under section #ejd7;g7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfd7;g777 for the development of wind or solar energy on covered land-- 7#a7 #be percent shall be paid by the ,secretary of the ,treasury to the ,state within the boundaries of which the revenue is derived2 7#b7 #be percent shall be paid by the ,secretary of the ,treasury to the one or more counties within the boundaries of which the revenue is derived1 to be allocated among the counties based on the percentage of land from which the revenue is derived2 7#c7 to be deposited in the ,treasury and be made available to the ,secretary to carry out the program established by section #bjf1 including the transfer of the funds by the ,bureau of ,land ,management to other ,federal agencies and ,state agencies to facilitate the processing of renewable energy permits on ,federal land1 with priority given to using the amounts1 to the maximum extent practicable1 for expediting the issuance of permits required for the development of renewable energy projects in the ,states from which the revenues are derived-- 7,a7 #be percent for each of fiscal years #bjah through #bjbe2 7,b7 #bj percent for each of fiscal years #bjbf through #bjcj2 7,c7 #ae percent for each of fiscal years #bjca through #bjce2 and 7,d7 #aj percent for fiscal year #bjcf and each fiscal year thereafter2 and 7#d7 to be deposited in the ,renewable ,energy ,resource ,conservation ,fund established by subsection 7c7-- 7,a7 #be percent for each of fiscal years #bjah through #bjbe2 7,b7 #cj percent for each of fiscal years #bjbf through #bjcj2 7,c7 #ce percent for each of fiscal years #bjca through #bjce2 and 7,d7 #dj percent for fiscal year #bjcf and each fiscal year thereafter4 7b7 ,payments to ,states and counties 7#a7 ,in general ,amounts paid to ,states and counties under subsection 7a7 shall be used consistent with section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia74 7#b7 ,payments in lieu of taxes ,a payment to a county under paragraph 7#a7 shall be in addition to a payment in lieu of taxes received by the county under chapter #fi of title #ca1 ,united ,states ,code4 7c7 ,renewable ,energy ,resource ,conservation ,fund 7#a7 ,in general ,there is established in the ,treasury a separate account1 to be known as the ,renewable ,energy ,resource ,conservation ,fund1 which shall be available to the ,secretary for use1 in consultation with the ,secretary of ,agriculture1 in accordance with paragraph 7#b74 7#b7 ,use of funds ,the ,secretary may make funds in the ,fund available to ,federal1 ,state1 and tribal agencies for distribution in regions in which renewable energy projects are located on ,federal land1 for the purposes of-- 7,a7 restoring and protecting-- 7i7 fish and wildlife habitat for species affected by wind1 geothermal1 or solar energy development2 7ii7 fish and wildlife corridors for species affected by such development2 and 7iii7 water resources in areas affected by such development2 and 7,b7 preserving and improving recreational access to ,federal land and water in a region affected by such development1 through an easement1 right-of-way1 or other instrument executed by willing landowners for the purpose of enhancing public access to existing ,federal land and water that is inaccessible or significantly restricted4 7#c7 ,partnerships ,the ,secretary may enter into cooperative agreements with ,state and tribal agencies1 nonprofit organizations1 and other appropriate entities to carry out the activities described in subparagraphs 7,a7 and 7,b7 of paragraph 7#b74 7#d7 ,investment of ,fund 7,a7 ,in general ,any amounts deposited in the ,fund shall earn interest in an amount determined by the ,secretary of the ,treasury on the basis of the current average market yield on outstanding marketable obligations of the ,united ,states of comparable maturities4 7,b7 ,use ,any interest earned under subparagraph 7,a7 may be expended in accordance with this subsection4 7#e7 ,intent of ,congress ,it is the intent of ,congress that the revenues deposited and used in the ,fund shall supplement and not supplant annual appropriations for conservation activities described in paragraph 7#b77;,a74 #bjh4 ,study and report on conservation banking 7a7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretaries shall carry out a study on the siting1 development1 and management of projects to determine the feasibility of carrying out a conservation banking program on ,federal land4 7#b7 ,contents ,the study under paragraph 7#a7 shall-- 7,a7 identify areas in which-- 7i7 privately owned land is not available to fully offset the impacts of solar or wind energy development on federally administered land2 or 7ii7 mitigation investments on ,federal land are likely to provide greater conservation value for impacts of solar or wind energy development on federally administered land2 and 7,b7 examine-- 7i7 the effectiveness of laws 7including regulations7 and policies in effect on the date of enactment of this ,act in facilitating the development and effective operation of conservation banks2 7ii7 the advantages and disadvantages of using conservation banks on ,federal land to mitigate impacts to natural resources on ,state1 tribal1 and private land2 and 7iii7 any changes in ,federal law 7including regulations7 or policy necessary to further develop a ,federal conservation banking program4 7b7 ,report to ,congress ,not later than #ah months after the date of enactment of this ,act1 the ,secretaries shall jointly submit to ,congress a report that includes-- 7#a7 the recommendations of the ,secretaries relating to-- 7,a7 the most effective system for ,federal land described in subsection 7a77#b77;,a7 to meet the goals of facilitating the development of a conservation banking program on ,federal land2 and 7,b7 any change to ,federal law 7including regulations7 or policy necessary to address more effectively the siting1 development1 and management of conservation banking programs on ,federal land to mitigate impacts to natural resources on ,state1 tribal1 and private land2 and 7#b7 any administrative action to be taken by the ,secretaries in response to the recommendations4 7c7 ,availability to the public ,not later than #cj days after the date on which the report described in subsection 7b7 is submitted to ,congress1 the ,secretaries shall make the results of the study available to the public4 #bji4 ,brownfields 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,brownfield site ,the term brownfield site has the meaning given that term in section 7#ci7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ci774 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,department of ,energy and ,environmental ,protection ,agency efforts ,the ,secretary1 in conjunction with the ,administrator1 shall-- 7#a7 in partnership with the ,national ,renewable ,energy ,laboratory1 identify opportunities to prioritize renewable energy project development on brownfield sites2 7#b7 provide to ,states1 units of local governments1 project developers1 and other stakeholders publicly available resources identifying potential brownfield sites for renewable energy project development1 with an emphasis on non-,federal land2 and 7#c7 provide technical assistance to ,state and local officials1 interested project developers1 and other stakeholders to expedite renewable energy projects on brownfield sites identified under this subsection1 with an emphasis on non-,federal land4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary and ,administrator shall submit to ,congress a report that includes-- 7#a7 proposals for ,federal policies1 incentives1 or other means of encouraging renewable energy projects on sites identified under subsection 7b72 and 7#b7 data on existing and potential job creation from1 environmental benefits of1 and energy production from renewable energy projects on brownfield sites4 7d7 ,stakeholder forums ,the ,secretary1 in conjunction with the ,administrator1 shall conduct stakeholder forums in each region of the ,united ,states to assist ,state and local officials1 project developers1 and other stakeholders with renewable energy project siting on brownfield sites1 with an emphasis on non-,federal land4 7e7 ,effect ,nothing in this section affects existing ,federal efforts to promote the reuse and redevelopment of brownfield sites4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years #bjah through #bjbb4 ,b ,geothermal ,energy #bba4 ,reauthorization of ,geothermal ,steam ,act of #aigj 7a7 ,in general ,section #bcd7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehgc7;a77 is amended by striking in the first #e fiscal years beginning after the date of enactment of this ,act and inserting through fiscal year #bjbb4 7b7 ,authorization ,section #bcd7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehgc7;b77 is amended-- 7#a7 by striking ,amounts and inserting the following3 7#a7 ,in general ,amounts 2 and 7#b7 by adding at the end the following3 7#b7 ,authorization ,effective for fiscal year #bjah and each fiscal year thereafter1 amounts deposited under subsection 7a7 shall be available to the ,secretary of the ,interior for expenditure1 subject to appropriation and without fiscal year limitation1 to implement the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 and this ,act4 4 #bbb4 ,national goal for geothermal energy ,it is the sense of ,congress that1 not later than #aj years after the date of enactment of this ,act-- 7#a7 the ,secretary of the ,interior shall seek to approve a significant increase in new geothermal energy capacity on public land across a geographically diverse set of ,states using the full range of available technologies2 and 7#b7 the ,director of the ,geological ,survey and the ,secretary should identify sites capable of producing a total of #ej1jjj megawatts of geothermal power1 using the full range of available technologies1 through a program conducted in collaboration with industry1 including cost-shared exploration drilling4 #bbc4 ,facilitation of coproduction of geothermal energy on oil and gas leases ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended by adding at the end the following3 7#d7 ,land subject to oil and gas lease ,land under an oil and gas lease issued pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 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 this section to the holder of the oil and gas lease-- 7,a7 on a determination that-- 7i7 geothermal energy will be produced from a well producing or capable of producing oil and gas2 and 7ii7 national energy security will be improved by the issuance of such a lease2 and 7,b7 to provide for the coproduction of geothermal energy with oil and gas4 4 #bbd4 ,noncompetitive leasing for geothermal ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 7as amended by section #bbc7 is amended by adding at the end the following3 7#e7 ,adjoining land 7,a7 ,definitions ,in this paragraph3 7i7 ,fair market value per acre ,the term fair market value per acre means a dollar amount per acre that-- 7,i7 except as provided in this clause1 shall be equal to the market value per acre 7taking into account the determination under subparagraph 7,b77iii7 regarding a valid discovery on the adjoining land71 as determined by the ,secretary under regulations issued under this paragraph2 7,,ii7 shall be determined by the ,secretary with respect to a lease under this paragraph1 by not later than the end of the #ahj-;day period beginning on the date the ,secretary receives an application for the lease2 and 7,,iii7 shall be not less than the greater of-- 7aa7 #d times the median amount paid per acre for all land leased under this ,act during the preceding year2 or 7bb7 #ej4 7ii7 ,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 resources1 as determined through flow or injection testing or measurement of lost circulation while drilling4 7iii7 ,qualified ,federal land ,the term qualified ,federal land means land that is otherwise available for leasing under this ,act4 7iv7 ,qualified geothermal professional ,the term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least #e years of experience in geothermal exploration1 development1 or project assessment4 7v7 ,qualified lessee ,the term qualified lessee means a person that is eligible to hold a geothermal lease under this ,act 7including applicable regulations74 7vi7 ,valid discovery ,the term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well1 that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards4 7,b7 ,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 acre1 if-- 7i7 the area of qualified ,federal land-- 7,i7 consists of not less than #a acre and not more than #fdj acres2 and 7,,ii7 is not already leased under this ,act or nominated to be leased under subsection 7a72 7ii7 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 7iii77,i72 and 7iii7 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-- 7,i7 there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources2 and 7,,ii7 that thermal feature extends into the adjoining areas4 7,c7 ,determination of fair market value 7i7 ,in general ,the ,secretary shall-- 7,i7 publish a notice of any request to lease land under this paragraph2 7,,ii7 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 ,secretary2 7,,iii7 provide to a qualified lessee and publish1 with an opportunity for public comment for a period of #cj days1 any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph2 and 7,,iv7 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 agency1 in accordance with applicable law 7including regulations74 7ii7 ,limitation on nomination ,after publication of a notice of request to lease land under this paragraph1 the ,secretary may not accept under subsection 7a7 any nomination of the land for leasing unless the request has been denied or withdrawn4 7iii7 ,annual rental ,for purposes of section #e7;a77#c71 a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale4 7,d7 ,regulations ,not later than #bgj days after the date of enactment of the ,sustainable ,energy ,development ,reform ,act1 the ,secretary shall issue regulations to carry out this paragraph4 4 #bbe4 ,report to ,congress ,not later than #c years after the date of enactment of this ,act and not less frequently than once every #e years thereafter1 the ,secretary of the ,interior and the ,secretary shall submit to ,congress a report describing the progress made towards achieving the goals described in section #bbb4 ,c ,offshore ,renewable ,energy #bca4 ,wind leasing amendments 7a7 ,clarification relating to alternative energy development ,section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting or after #aeja et seq471 and by striking or other applicable law12 and 7,b7 by amending subparagraph 7,d7 to read as follows3 7,d7 use1 for energy-related purposes1 facilities currently or previously used for activities authorized under this ,act1 except that any oil and gas energy-related uses shall not be authorized in areas in which oil and gas preleasing1 leasing1 and related activities are prohibited by a moratorium4 2 and 7#b7 in paragraph 7#d7-- 7,a7 in subparagraph 7,e71 by striking coordination and inserting in consultation2 and 7,b7 in subparagraph 7,j77ii71 by inserting a potential site for an alternative energy facility1 after deepwater port14 7b7 ,noncompetitive alternative energy lease options ,section #h7p77#c7 of such ,act 7#dc ,u4,s4,c4 #accg7p77#c77 is amended to read as follows3 7#c7 ,competitive or noncompetitive basis ,any lease1 easement1 right-of-way1 or other authorization granted under paragraph 7#a7 shall be issued on a competitive basis1 unless-- 7,a7 the lease1 easement1 right-of-way1 or other authorization relates to a project that meets the criteria established under section #chh7;d7 of the ,energy ,policy ,act of #bjje 7#dc ,u4,s4,c4 #accg note2 ,public ,law #aji-eh72 7,b7 the lease1 easement1 right-of-way1 or other authorization-- 7i7 is for the placement and operation of a meteorological or marine data collection facility2 and 7ii7 has a term of not more than #e years2 or 7,c7 the ,secretary determines1 after providing public notice of a proposed lease1 easement1 right-of-way1 or other authorization1 that no competitive interest exists4 4 #bcb4 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act the ,secretary of the ,interior shall submit recommendations to reduce the time required for the ,department of the ,interior to consider and act on applications for permits authorizing offshore renewable energy projects4 ,,iii ,preparing and ,managing for ,climate ,change #cja4 ,energy development policy ,it is the policy of the ,united ,states that-- 7#a7 the ,united ,states should aggressively reduce carbon pollution as rapidly as practicable2 and 7#b7 energy development decisions on ,federal lands should be guided by the goals of-- 7,a7 protecting public health and the environment2 7,b7 avoiding the most dangerous impacts of climate change2 and 7,c7 promoting a rapid1 just1 and equitable transition to a clean-energy economy4 #cjb4 ,preparing for climate change 7a7 ,reinstatement of agency actions ,executive ,order #acghc1 entitled ,promoting ,energy ,independence and ,economic ,growth and dated ,march #bh1 #bjag 7#hb ,fed4 ,reg4 #afjic71 shall have no force or effect1 and each regulation1 order1 guidance document1 policy1 or other similar agency action suspended1 revised1 or rescinded by or under such ,executive order shall apply as if such ,executive order were not issued4 7b7 ,consideration of the social costs of climate change ,not later than #a-year after the date of the enactment of this ,act1 the ,council on ,environmental ,quality shall issue regulations requiring ,federal departments and agencies to-- 7#a7 comply with the final guidance of the ,council referred to in the ,notice of ,availability entitled ,final ,guidance for ,federal ,departments and ,agencies on ,consideration of ,greenhouse ,gas ,emissions and the ,effects of ,climate ,change in ,national ,environmental ,policy ,act ,reviews and published by the ,council on ,august #e1 #bjaf 7#ha ,fed4 ,reg4 #eahff72 and 7#b7 use the most recent estimates of the social cost of carbon and social cost of methane1 as determined by the ,interagency ,working ,group on ,social ,cost of ,carbon1 in all cost-benefit analyses4 #cjc4 ,,ghg inventory 7a7 ,in general ,the ,secretary of the ,interior shall make available to the public through the internet-- 7#a7 information that describes for all covered operations-- 7,a7 the aggregate amount of each fossil fuel1 by type and by ,state1 produced under ,federal leases2 and 7,b7 for gas reported1 the portion and source of such amount that was released by each of venting1 flaring1 and fugitive release2 7#b7 information that accurately describes the estimated amounts of existing fossil fuel resources on ,federal lands under lease for the production of fossil fuels1 and of ,federal lands that have potential for such leasing2 and 7#c7 information that describes the amount and sources of energy1 in megawatts1 produced from operating solar1 wind1 and geothermal projects on ,federal lands under lease for the production of renewable energy4 7b7 ,format ,information made available under this section shall be presented in a format that-- 7#a7 translates such amounts and portions into emissions of metric tons of greenhouse gases expressed in carbon dioxide equivalent using both the #bj-year and #ajj-year ,global ,warming ,potential-weighted emission values2 7#b7 for energy produced from solar1 wind1 and geothermal projects1 includes an estimate of the greenhouse gas emissions that would result from production of the same amount of energy from fossil fuel resources2 and 7#c7 allows-- 7,a7 downloading in a machine readable format2 and 7,b7 accessing the information without payment of any fee or other charge4 7c7 ,data publication frequency ,the data made available under this section shall be updated at least annually4 #cjd4 ,terrestrial carbon sequestration pilot program 7a7 ,program required ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management1 shall establish a carbon sequestration pilot program to make grants to eligible entities for projects to carry out eligible activities4 7b7 ,science advisory board ,as part of the program1 the ,secretary shall establish a science advisory board to provide analysis and recommendations regarding-- 7#a7 the selection of eligible entities and eligible activities to receive grants under the program1 based on the best available science2 and 7#b7 appropriate monitoring requirements to be required under subsection 7c74 7c7 ,monitoring and reporting ,as a condition of a grant under the program1 the grant recipient shall comply with monitoring and reporting requirements to quantify project performance and communicate results4 7d7 ,innovation competition 7#a7 ,in general ,the ,secretary shall make grants1 through a challenge competition1 to eligible entities for projects to carry out innovative approaches to eligible activities4 7#b7 ,listing ,the ,secretary shall list the challenge competition under this subsection on www4challenge4gov 7or any successor website of the ,federal ,government that lists challenge competitions run by ,federal agencies74 7e7 ,outreach1 education1 and technical assistance ,the ,secretary-- 7#a7 may provide technical assistance for eligible activities2 and 7#b7 shall expand outreach and education with respect to carbon sequestration and best practices related to eligible activities4 7f7 ,acceptance of outside funding ,the ,secretary may accept nonappropriated funds1 including funds from other public sources1 private companies1 nonprofit organizations1 or foundations1 to carry out the program4 7g7 ,reports to ,congress ,with respect to each project administered under the program1 not later than #c years after the awarding of the grant1 at least every #b years thereafter for the duration of the project1 and not later than #ahj days after the completion of the project1 the ,secretary1 working with grantees and any other agencies of jurisdiction shall submit a report to ,congress detailing-- 7#a7 the progress and accomplishments of the project in general2 7#b7 a detailed summary and estimate of the volume of carbon sequestered due to project activities2 7#c7 a summary of education and outreach efforts related to the project2 and 7#d7 a set of recommendations for land management best practices based on the outcome of the project4 7h7 ,definitions ,for the purposes of this section3 7#a7 ,biochar ,the term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing4 7#b7 ,compost ,the term compost means a biologically stable organic material suitable for use as a amendment that is produced by the controlled aerobic decomposition of manure or other organic material1 not including sewage sludge or biosolids1 by microorganisms4 7#c7 ,eligible activity ,the term eligible activity means a project for sequestering carbon through-- 7,a7 grazing practices2 7,b7 restoring degraded qualified public lands2 7,c7 application of compost on qualified public lands2 or 7,d7 using biochar as an amendment on qualified public lands4 7#d7 ,eligible entity ,the term eligible entity means an owner or operator of qualified public lands1 a university1 a nongovernmental organization1 or an ,indian tribe4 7#e7 ,program ,the term program means the ,carbon ,sequestration ,pilot ,program established by this section4 7#f7 ,qualified public lands ,the term qualified public lands means any land and interest in land owned by the ,united ,states within the several ,states and administered by the ,secretary of the ,interior through the ,bureau of ,land ,management1 the ,national ,park ,service1 or the ,united ,states ,fish and ,wildlife ,service1 without regard to how the ,united ,states acquired ownership1 except lands located on the ,outer ,continental ,shelf4 #cje4 ,federal lands adaptation 7a7 ,findings1 purposes1 and policy 7#a7 ,findings ,congress finds that-- 7,a7 healthy1 diverse1 and productive communities of fish1 wildlife1 and plants provide significant benefits to the people and economy of the ,united ,states1 including-- 7i7 abundant clean water supplies2 7ii7 flood and coastal storm protection2 7iii7 clean air2 7iv7 a source of food1 fiber1 medicines1 and pollination of the crops and other plants of the ,united ,states2 7v7 outdoor recreation1 which is a source of jobs and economic stimulus2 7vi7 hunting and fishing opportunities and support for subsistence communities2 7vii7 opportunities for scientific research and education2 7viii7 world-class tourism destinations that support local economies2 and 7ix7 sequestration and storage of carbon to help mitigate changes to the global climate system2 7,b7 the ,united ,states ,geological ,survey1 ,national ,oceanic and ,atmospheric ,administration1 ,national ,aeronautics and ,space ,administration1 and other agencies within the ,united ,states ,global ,change ,research ,program have observed that the fish1 wildlife1 and plants of the ,united ,states are facing increasing risks from changing patterns of extreme weather and climate1 including-- 7i7 severe droughts and heatwaves2 7ii7 severe storms and floods2 7iii7 frequent and severe wildfires2 7iv7 more frequent and severe outbreaks of forest pests and invasive species2 7v7 flooding and erosion of coastal areas due to rising sea levels2 7vi7 melting glaciers and sea ice2 7vii7 thawing permafrost2 7viii7 shifting distributions of fish1 wildlife1 and plant populations2 7ix7 disruptive shifts in the timing of fish1 wildlife1 and plant natural history cycles1 such as blooming1 breeding1 and seasonal migrations2 7x7 increasing ocean temperatures and acidification2 7xi7 altered patterns of rain1 snow1 runoff1 and streamflow2 and 7xii7 habitat loss1 degradation1 fragmentation1 and movement2 and 7,c7 the ,federal ,government should provide leadership in preparing for and responding to the effects described in subparagraph 7,b7 to ensure that present and future generations continue to receive the benefits of the abundant and diverse fish1 wildlife1 and plant resources of the ,united ,states4 7#b7 ,purposes ,the purpose of this section is to establish an integrated national approach-- 7,a7 to respond to ongoing and expected effects of extreme weather and climate change by protecting1 managing1 and conserving the fish1 wildlife1 and plants of the ,united ,states2 and 7,b7 to maximize ,government efficiency and reduce costs1 in cooperation with ,state1 local1 and tribal governments and other entities4 7#c7 ,national fish1 wildlife1 and plants climate change adaptation policy ,it is the policy of the ,federal ,government1 in cooperation with ,state and local governments1 ,indian tribes1 and other interested stakeholders to evaluate and reduce the increased risks and vulnerabilities associated with climate change and extreme weather events1 and to use all practicable means to protect1 manage1 and conserve healthy1 diverse1 and productive fish1 wildlife1 and plant populations4 7b7 ,definitions ,in this section3 7#a7 ,adaptation ,the term adaptation means-- 7,a7 the process of adjustment to actual or expected climate and the effects of climate change2 and 7,b7 with respect to fish1 wildlife1 and plants1 protection1 management1 and conservation efforts designed to maintain or enhance the ability of fish1 wildlife1 and plants to withstand1 adjust to1 or recover from the effects of extreme weather and climate change 7including1 where applicable1 ocean acidification1 drought1 flooding1 and wildfire74 7#b7 ,center ,the term ,center means the ,national ,climate ,change and ,wildlife ,science ,center established under subsection 7e77#a77;,a74 7#c7 ,committee ,the term ,committee means the ,advisory ,committee on ,climate ,change and ,natural ,resource ,sciences established under subsection 7e77#a77;,a74 7#d7 ,ecological processes ,the term ecological processes means biological1 chemical1 or physical interaction between the biotic and abiotic components of an ecosystem1 including-- 7,a7 decomposition2 7,b7 disease epizootiology2 7,c7 disturbance regimes1 such as fire and flooding2 7,d7 gene flow2 7,e7 hydrological cycling2 7,f7 larval dispersal and settlement2 7,g7 nutrient cycling2 7,h7 pollination2 7,i7 predator-prey relationships2 and 7,j7 soil formation4 7#e7 ,habitat ,the term habitat means the physical1 chemical1 and biological properties that fish1 wildlife1 or plants use for growth1 reproduction1 survival1 food1 water1 or cover 7whether on land1 in water1 or in an area or region74 7#f7 ,habitat connectivity ,the term habitat connectivity means areas that facilitate terrestrial1 marine1 estuarine1 and freshwater fish1 wildlife1 or plant movement that is necessary-- 7,a7 for migration1 gene flow1 or dispersal2 or 7,b7 to respond to the ongoing and expected effects of climate change 7including1 where applicable1 ocean acidification1 drought1 flooding1 and wildfire74 7#g7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#h7 ,national ,strategy ,the term ,national ,strategy means the ,national ,fish1 ,wildlife1 and ,plants ,climate ,adaptation ,strategy released ,march #bf1 #bjac4 7#i7 ,resilience2 resilient ,the terms resilience and resilient mean the ability to anticipate1 prepare for1 and adapt to changing conditions and withstand1 respond to1 and recover rapidly from disruptions4 7#aj7 ,state ,the term ,state means-- 7,a7 a ,state of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 ,american ,samoa2 7,d7 ,guam2 7,e7 the ,commonwealth of the ,northern ,mariana ,islands2 7,f7 the ,commonwealth of ,puerto ,rico2 and 7,g7 the ,united ,states ,virgin ,islands4 7#aa7 ,working ,group ,the term ,working ,group means the ,national ,fish1 ,wildlife1 and ,plants ,climate ,adaptation ,strategy ,joint ,implementation ,working ,group established under subsection 7c77#a74 7c7 ,national ,fish1 ,wildlife1 and ,plants ,climate ,adaptation ,strategy ,joint ,implementation ,working ,group 7#a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,president shall establish a ,national ,fish1 ,wildlife1 and ,plants ,climate ,adaptation ,strategy ,joint ,implementation ,working ,group composed of the heads of ,federal and ,state agencies or departments with jurisdiction over fish1 wildlife1 and plant resources of the ,united ,states1 and tribal representatives1 as follows3 7,a7 ,the ,administrator of the ,environmental ,protection ,agency4 7,b7 ,the ,administrator of the ,federal ,emergency ,management ,agency4 7,c7 ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7,d7 ,the ,chair of the ,council on ,environmental ,quality4 7,e7 ,the ,chief of ,engineers4 7,f7 ,the ,chief of the ,forest ,service4 7,g7 ,the ,commissioner of ,reclamation4 7,h7 ,the ,director of the ,bureau of ,indian ,affairs4 7,i7 ,the ,director of the ,bureau of ,land ,management4 7,j7 ,the ,director of the ,national ,park ,service4 7,k7 ,the ,director of the ,united ,states ,fish and ,wildlife ,service4 7,l7 ,the ,director of the ,united ,states ,geological ,survey4 7,m7 ,the ,secretary of ,agriculture4 7,n7 ,the ,secretary of ,defense4 7,o7 ,state representatives from each regional association of ,state fish and wildlife agencies4 7,p7 ,not less than #b tribal representatives4 7#b7 ,duties ,the ,working ,group shall serve as a forum for interagency consultation on1 and the coordination of1 the development and implementation of the ,national ,strategy4 7#c7 ,co-,chairs ,there shall be #d co-chairs1 of whom-- 7,a7 #b shall be representatives of the ,federal ,government2 7,b7 #a shall be a representative of a ,state2 and 7,c7 #a shall be a tribal representative4 7d7 ,national fish1 wildlife1 and plants climate adaptation strategy 7#a7 ,in general ,the ,working ,group shall adopt the ,national ,strategy to protect1 manage1 and conserve fish1 wildlife1 and plants to maintain the inherent resilience and adaptability of fish1 wildlife1 and plants to withstand the ongoing and expected effects of extreme weather and climate change4 7#b7 ,review and revision ,not later than #a year after each release of the assessment required under section #ajf of the ,global ,change ,research ,act of #aiij 7#ae ,u4,s4,c4 #bicf71 the ,working ,group shall-- 7,a7 use sound science to review and revise the ,national ,strategy to incorporate-- 7i7 new information regarding the ongoing and expected effects of climate change on fish1 wildlife1 and plants2 and 7ii7 advances in the development of fish1 wildlife1 and plant adaptation strategies2 and 7,b7 in carrying out paragraph 7#a71 provide public notice and opportunity for comment4 7#c7 ,contents ,a revised ,national ,strategy shall-- 7,a7 assess the vulnerability of fish1 wildlife1 and plants to climate change1 including short-term1 medium-term1 long-term1 and cumulative impacts2 7,b7 describe current1 observation1 and monitoring activities at the ,federal1 ,state1 tribal1 and local levels relating to the ongoing and expected effects of climate change on fish1 wildlife1 and plants2 7,c7 identify and prioritize research and data needs2 7,d7 identify fish1 wildlife1 and plants likely to have the greatest need for protection1 restoration1 and conservation due to the ongoing and expanding effects of extreme weather and climate change2 7,e7 include specific protocols for integrating fish1 wildlife1 and plant adaptation strategies and activities into the conservation and management of natural resources by ,federal agencies to ensure consistency across agency jurisdictions2 7,f7 identify opportunities for maintaining1 restoring1 or enhancing fish1 wildlife1 and plants to reduce the risks of extreme weather and climate change on other vulnerable sectors of society2 7,g7 identify ,federal policies and actions that may reduce resilience and increase the vulnerability of fish1 wildlife1 and plants to extreme weather and climate change2 7,h7 include specific actions that ,federal agencies shall take to protect1 conserve1 and manage fish1 wildlife1 and plants to maintain the inherent resilience and adaptability of fish1 wildlife1 and plants to withstand1 adjust to1 or recover from the ongoing and expected effects of climate change1 including a timeline to implement those actions2 7,i7 include specific mechanisms for ensuring communication and coordination-- 7i7 among ,federal agencies2 and 7ii7 between ,federal agencies and ,state agencies1 territories of the ,united ,states1 ,indian tribes1 private landowners1 conservation organizations1 and other countries that share jurisdiction over fish1 wildlife1 and plants with the ,united ,states2 7,j7 include specific actions to develop and implement coordinated fish1 wildlife1 and plants inventory and monitoring protocols through interagency coordination and collaboration with ,states and local governments1 ,indian tribes1 and private organizations2 and 7,k7 include procedures for guiding the development of detailed strategy implementation plans required under subsection 7f74 7#d7 ,implementation 7,a7 ,in general ,consistent with other laws and ,federal trust responsibilities concerning ,indian land or rights of ,indians under treaties with the ,united ,states1 each ,federal agency shall integrate the elements of the ,national ,strategy that relate to conservation1 management1 and protection of fish1 wildlife1 and plants into agency plans1 environmental reviews1 and programs4 7,b7 ,public report ,the ,working ,group shall1 on a biannual basis1 between revisions to the ,national ,strategy1 make available to the public a report documenting any actions implementing the ,strategy4 7,c7 ,coordination ,the ,working ,group shall coordinate the implementation of the ,national ,strategy with ,federal agencies not represented on the ,working ,group to achieve the policy of the ,united ,states described in subsection 7a77#c74 7e7 ,fish1 wildlife1 and plants adaptation science and information 7#a7 ,national ,climate ,change and ,wildlife ,science ,center 7,a7 ,authorization ,the ,secretary of the ,interior1 in collaboration with the ,states1 ,indian tribes1 and other partner organizations1 shall establish a ,national ,climate ,change and ,wildlife ,science ,center4 7,b7 ,duties of ,center ,the ,center shall assess and develop scientific information1 tools1 strategies1 and techniques to support the ,working ,group1 ,federal and ,state agencies1 tribes1 regionally based science and conservation centers1 regional coordinating entities1 and other interested parties in addressing the effects of extreme weather and climate change on fish1 wildlife1 and plants4 7,c7 ,general authority to enter into contracts1 grants1 and cooperative agreements ,the ,secretary may enter into contracts1 grants1 or cooperative agreements with ,state agencies1 ,state cooperative extension services1 institutions of higher education1 other research or educational institutions and organizations1 tribal organizations1 ,federal and private agencies and organizations1 individuals1 and any other contractor or recipient1 to further the duties under subparagraph 7,b7 without regard to-- 7i7 any requirements for competition2 7ii7 section #faja of title #da1 ,united ,states ,code2 or 7iii7 subsections 7a7 and 7b7 of section #ccbd of title #ca1 ,united ,states ,code4 7#b7 ,advisory ,committee on ,climate ,change and ,natural ,resource ,sciences 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and pursuant to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 the ,secretary of the ,interior shall establish an ,advisory ,committee on ,climate ,change and ,natural ,resource ,sciences4 7,b7 ,membership ,the ,committee shall be comprised of #be members who-- 7i7 represent-- 7,i7 ,federal agencies2 7,,ii7 ,state1 local1 and tribal governments2 7,,iii7 nongovernmental organizations2 7,,iv7 academic institutions2 and 7,v7 the private sector2 and 7ii7 have expertise in-- 7,i7 biology 7including fish1 wildlife1 plant1 aquatic1 coastal1 and marine biology72 7,,ii7 ecology2 7,,iii7 climate change 7including1 where applicable1 ocean acidification1 drought1 flooding1 and wildfire72 and 7,,iv7 other relevant scientific disciplines4 7,c7 ,chair ,the ,secretary of the ,interior shall appoint a ,committee ,chair from among the members of the ,committee4 7,d7 ,duties ,the ,committee shall-- 7i7 advise the ,working ,group on the state of the science regarding-- 7,i7 the ongoing and expected effects of extreme weather and climate change on fish1 wildlife1 and plants2 and 7,,ii7 scientific strategies and mechanisms for fish1 wildlife1 and plant adaptation2 7ii7 identify and recommend priorities for ongoing research needs on the issues described in clause 7i7 to inform the research priorities of the ,center described in paragraph 7#a7 and other ,federal climate science institutions2 and 7iii7 review and comment on each revised ,national ,strategy before that ,national ,strategy is finalized4 7,e7 ,collaboration ,the ,committee shall collaborate with climate change and fish1 wildlife1 and plant research entities in other ,federal agencies and departments4 7,f7 ,availability to public ,the advice and recommendations of the ,committee shall be made available to the public4 7f7 ,strategy implementation plan 7#a7 ,development ,not later than #a year after the date of enactment of this ,act and not later than #a year after the date of each revision of the ,national ,strategy1 the ,working ,group shall-- 7,a7 complete a strategy implementation plan2 7,b7 provide opportunities for public review and comment on the plan2 and 7,c7 submit the plan to the ,president for approval4 7#b7 ,requirements ,the strategy implementation plan shall-- 7,a7 identify and prioritize specific conservation and management strategies and actions that address the ongoing and expected effects of extreme weather and climate change on fish1 wildlife1 and plants1 including-- 7i7 protection1 management1 and conservation of terrestrial1 marine1 estuarine1 and freshwater habitats and ecosystems2 7ii7 establishment of terrestrial1 marine1 estuarine1 and freshwater habitat connectivity corridors2 7iii7 restoration and conservation of ecological processes2 7iv7 protection of a broad diversity of species of fish1 wildlife1 and plant populations2 and 7v7 protection of fish1 wildlife1 and plant health1 recognizing that climate can alter the distribution and ecology of parasites1 pathogens1 and vectors2 7,b7 establish methods-- 7i7 to assess the effectiveness of strategies and conservation actions implemented by the agencies to protect1 manage1 and conserve fish1 wildlife1 and plants2 and 7ii7 to update those strategies and actions to respond to new information and changing conditions2 7,c7 describe current and proposed mechanisms to enhance cooperation and coordination of fish1 wildlife1 and plant adaptation efforts with other ,federal agencies1 ,state and local governments1 ,indian tribes1 and nongovernmental stakeholders2 7,d7 include written guidance to resource managers2 and 7,e7 identify and assess data and information gaps necessary to develop fish1 wildlife1 and plant adaptation plans and strategies4 7#c7 ,implementation 7,a7 ,in general ,on approval by the ,president1 each ,federal agency shall1 consistent with existing authority1 implement the strategy implementation plan under paragraph 7#a77;,a7 through existing and new plans1 policies1 programs1 activities1 and actions1 including integration into climate adaptation plans pursuant to ,executive ,order #acfec 7#db ,u4,s4,c4 #dcba note2 relating to preparation for the impacts of climate change74 7,b7 ,consideration of effects ,to the maximum extent practicable and consistent with existing authority1 fish1 wildlife1 and plant conservation and management decisions made by each ,federal agency shall consider and promote resilience to the ongoing and expected effects of extreme weather and climate change4 7#d7 ,revision and review ,not later than #a year after the ,national ,strategy is revised under subsection 7d77#b71 the ,working ,group shall review and revise the strategy implementation plan under subsection 7a77#a7 to incorporate the best available science1 including advice and information pursuant to subsection 7e7 and other information1 regarding the ongoing and expected effects of climate change on fish1 wildlife1 and plants4 7g7 ,state fish1 wildlife1 and plants adaptation plans 7#a7 ,requirement ,to be eligible to receive funds pursuant to paragraph 7#d71 not later than #a year after the date of enactment of this ,act and not later than #a year after the date of each revision of the ,national ,strategy1 each ,state shall prepare and submit to the ,secretary of the ,interior and the ,secretary of ,commerce1 a ,state fish1 wildlife1 and plant adaptation plan detailing current and future efforts of the ,state to address the ongoing and expected effects of climate change on fish1 wildlife1 and plants and coastal areas within the jurisdiction of the ,state4 7#b7 ,review or approval ,the ,secretary of the ,interior and the ,secretary of ,commerce shall-- 7,a7 review each ,state adaptation plan2 and 7,b7 approve a ,state adaptation plan if the plan-- 7i7 meets the requirements of paragraph 7#c72 and 7ii7 is consistent with the ,national ,strategy4 7#c7 ,contents ,a ,state adaptation plan shall-- 7,a7 meet the requirements described in subsection 7f77#b72 7,b7 include the adaptation provisions of any ,state comprehensive wildlife conservation strategy 7or ,state wildlife action plan7 that has been-- 7i7 submitted to the ,director of the ,united ,states ,fish and ,wildlife ,service2 and 7ii7 approved1 or is pending approval1 by the ,director of the ,united ,states ,fish and ,wildlife ,service2 7,c7 include the adaptation provisions of a statewide assessment and strategy for forest resources required under section #b;,a of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baja;a7 that has been-- 7i7 submitted to the ,secretary of ,agriculture2 and 7ii7 approved1 or is pending approval1 by the ,secretary of ,agriculture2 and 7,d7 include the adaptation provisions of a ,coastal ,zone ,management ,plan or a ,coastal and ,estuarine ,land ,conservation ,program ,plan that has been-- 7i7 submitted to the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 and 7ii7 approved1 or is pending approval1 by the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#d7 ,distribution of funds to ,states ,any funds made available pursuant to this section shall be-- 7,a7 used to carry out activities in accordance with adaptation plans approved under this section2 and 7,b7 made available through-- 7i7 the ,state and tribal wildlife grant program under title ,i of division ,f of the ,consolidated ,appropriations ,act1 #bjjh 7,public ,law #aaj-afa2 #aba ,stat4 #bajc72 and 7ii7 7,i7 the grant program under section #cjf of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adee72 7,,ii7 the ,coastal and ,estuarine ,land ,conservation ,program established under title ,,ii of the ,department of ,commerce and ,related ,agencies ,appropriations ,act1 #bjjb 7#af ,u4,s4,c4 #adef;d72 and 7,,iii7 programs established under the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baja et seq474 7#e7 ,public input ,in developing an adaptation plan1 a ,state shall solicit and consider input from the public and independent scientists4 7#f7 ,coordination with other plans ,a ,state adaptation plan shall1 where appropriate1 integrate the goals and measures set forth in other climate adaptation1 hazard mitigation1 and fish1 wildlife1 and plant conservation strategies and plans4 7#g7 ,updates ,each ,state adaptation plan shall be updated at least every #d years4 #cjf4 ,public ,lands ,service ,corps 7a7 ,amendment to existing short title ,section #bja of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agja note2 title ,,ii of ,public ,law #ia-cgh7 is amended to read as follows3 #bja4 ,short title2 references 7a7 ,short title ,this title may be cited as the ,public ,lands ,service ,corps ,act of #aiic4 7b7 ,references ,any reference contained in any law1 regulation1 document1 paper1 or other record of the ,united ,states to the ,public ,lands ,corps ,act of #aiic shall be considered to be a reference to the ,public ,lands ,service ,corps ,act of #aiic4 4 7b7 ,name and project description changes ,the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agba et seq42 title ,,ii of ,public ,law #ia-cgh7 is amended-- 7#a7 in the title heading1 by striking ,public lands corps and inserting ,public lands service corps2 7#b7 in section #bjd 7#af ,u4,s4,c4 #agbc71 in the heading1 by striking ,public lands corps and inserting public lands service corps2 7#c7 in section #baj7;a77#b7 7#af ,u4,s4,c4 #agbi7;a77#b771 in the heading1 by striking ,public lands2 7#d7 by striking ,public ,lands ,corps each place it appears and inserting ,corps2 7#e7 by striking conservation center each place it appears and inserting residential conservation center2 7#f7 by striking conservation centers each place it appears and inserting residential conservation centers2 7#g7 by striking appropriate conservation project each place it appears and inserting appropriate natural and cultural resources conservation project2 and 7#h7 by striking appropriate conservation projects each place it appears and inserting appropriate natural and cultural resources conservation projects4 7c7 ,findings ,section #bjb7;a7 of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agba7;a771 as amended by subsection 7b71 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,corps can benefit and inserting conservation corps can benefit2 and 7,b7 by striking the natural and cultural and inserting natural and cultural2 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#d7 and 7#e71 respectively2 7#c7 by inserting after paragraph 7#a7 the following new paragraph3 7#b7 ,participants in conservation corps receive meaningful education and training1 and their experience with conservation corps provides preparation for careers in public service4 7#c7 ,young men and women who participate in the rehabilitation and restoration of the natural1 cultural1 historic1 archaeological1 recreational1 and scenic treasures of the ,united ,states will gain an increased appreciation and understanding of the public lands and heritage of the ,united ,states1 and of the value of public service1 and are likely to become life-long advocates for those values4 2 7#d7 in paragraph 7#d71 as redesignated by paragraph 7#b71 by inserting 1 cultural1 historic1 archaeological1 recreational1 and scenic after ,many facilities and natural2 and 7#e7 by adding at the end the following new paragraph3 7#f7 ,the work of conservation corps can benefit communities adjacent to public lands and facilities through renewed civic engagement and participation by corps participants and those they serve1 improved student achievement1 and restoration and rehabilitation of public assets4 4 7d7 ,purposes ,subsection 7b7 of section #bjb of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agba7 is amended to read as follows3 7b7 ,purposes ,the purposes of this ,act are as follows3 7#a7 ,to introduce young men and women to public service while furthering their understanding and appreciation of the natural1 cultural1 historic1 archaeological1 recreational1 and scenic resources of the ,united ,states4 7#b7 ,to facilitate training and recruitment opportunities in which service is credited as qualifying experience for careers in the management of such resources4 7#c7 ,to instill in a new generation of young men and women from across the ,united ,states1 including young men and women from diverse backgrounds1 the desire to seek careers in resource stewardship and public service by allowing them to work directly with professionals in agencies responsible for the management of the natural1 cultural1 historic1 archaeological1 recreational1 and scenic resources of the ,united ,states4 7#d7 ,to perform1 in a cost-effective manner1 appropriate natural and cultural resources conservation projects where such projects are not being performed by existing employees4 7#e7 ,to assist ,state and local governments and ,indian tribes in performing research and public education tasks associated with the conservation of natural1 cultural1 historic1 archaeological1 recreational1 and scenic resources4 7#f7 ,to expand educational opportunities on public lands and by rewarding individuals who participate in conservation corps with an increased ability to pursue higher education and job training4 7#g7 ,to promote public understanding and appreciation of the missions and the natural and cultural resources conservation work of the participating ,federal agencies through training opportunities1 community service and outreach1 and other appropriate means4 7#h7 ,to create a grant program for ,indian tribes to establish the ,indian ,youth ,service ,corps so that ,indian youth can benefit from carrying out projects on ,indian lands that the ,indian tribes and communities determine to be priorities4 4 7e7 ,definitions ,section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb7 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#g71 7#h7 through 7#aj71 and 7#aa7 through 7#ac7 as paragraphs 7#e7 through 7#i71 7#aa7 through 7#ac71 and 7#ae7 through 7#ag71 respectively2 7#b7 by striking paragraphs 7#a7 and 7#b7 and inserting the following new paragraphs3 7#a7 ,appropriate natural and cultural resources conservation project ,the term appropriate natural and cultural resources conservation project means any project for the conservation1 restoration1 construction1 or rehabilitation of natural1 cultural1 historic1 archaeological1 recreational1 or scenic resources4 7#b7 ,consulting intern ,the term consulting intern means a consulting intern selected under section #bjf7;a77#b74 7#c7 ,corps and public lands service corps ,the terms ,corps and ,public ,lands ,service ,corps mean the ,public ,lands ,service ,corps established under section #bjd7;a74 7#d7 ,corps participant ,the term ,corps participant means an individual enrolled-- 7,a7 in the ,corps or the ,indian ,youth ,service ,corps2 or 7,b7 as a resource assistant or consulting intern4 2 7#c7 by inserting after paragraph 7#i71 as redesignated by paragraph 7#a71 the following new paragraph3 7#aj7 ,indian youth service corps ,the term ,indian ,youth ,service ,corps means a qualified youth or conservation corps established under section #bjg that-- 7,a7 enrolls individuals between the ages of #ae and #be1 inclusive1 a majority of whom are ,indians2 and 7,b7 is established pursuant to a tribal resolution that describes the agreement between the ,indian tribe and the qualified youth or conservation corps to operate an ,indian ,youth ,service ,corps program for the benefit of the members of the ,indian tribe4 2 7#d7 by striking paragraph 7#ab71 as redesignated by paragraph 7#a71 and inserting the following new paragraph3 7#ab7 ,public lands ,the term public lands means any land or water 7or interest therein7 owned or administered by the ,united ,states1 including those areas of coastal and ocean waters1 the ,great ,lakes and their connecting waters1 and submerged lands over which the ,united ,states exercises jurisdiction1 except that such term does not include ,indian lands4 2 7#e7 in paragraph 7#ac71 as redesignated by paragraph 7#a7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking full-time12 7ii7 by inserting on eligible service lands after resource setting2 and 7iii7 by striking #af and inserting #ae2 7,b7 in subparagraph 7,b71 by striking and at the end2 7,c7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following new subparagraph3 7,d7 makes available for audit for each fiscal year for which the qualified youth or conservation corps receives ,federal funds under this ,act1 all information pertaining to the expenditure of the funds1 any matching funds1 and participant demographics4 2 7#f7 by inserting after paragraph 7#ac71 as redesignated by paragraph 7#a7 and amended by paragraph 7#e71 the following new paragraph3 7#ad7 ,residential conservation centers ,the term residential conservation centers means the facilities authorized under section #bje4 2 7#g7 in paragraph 7#ae71 as redesignated by paragraph 7#a71 by striking #bjf and inserting #bjf7;a77#a72 and 7#h7 in paragraph 7#af71 as redesignated by paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 with respect to the ,national ,marine ,sanctuary ,system1 coral reefs1 and other coastal1 estuarine1 and marine habitats1 and other lands and facilities administered by the ,national ,oceanic and ,atmospheric ,administration1 the ,secretary of ,commerce4 4 7f7 ,public ,lands ,service ,corps program ,section #bjd of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbc71 as amended by subsection 7b71 is amended-- 7#a7 by redesignating subsections 7c71 7d71 7e71 and 7f7 as subsections 7d71 7f71 7g71 and 7h71 respectively2 7#b7 by striking subsections 7a7 and 7b7 and inserting the following new subsections3 7a7 ,establishment of ,public ,lands ,service ,corps ,there is established in the ,department of the ,interior1 the ,department of ,agriculture1 and the ,department of ,commerce a ,public ,lands ,service ,corps4 7b7 ,establishment of ,corps ,office2 ,coordinators2 ,liaison 7#a7 ,establishment of ,offices 7,a7 ,department of the ,interior ,the ,secretary of the ,interior shall establish a department-level office to coordinate the ,corps activities within the ,department of the ,interior4 7,b7 ,department of ,agriculture ,the ,secretary of ,agriculture shall establish within the ,forest ,service an office to coordinate the ,corps activities within that agency4 7,c7 ,department of ,commerce ,the ,secretary of ,commerce shall establish within the ,national ,oceanic and ,atmospheric ,administration an office to coordinate the ,corps activities within that agency4 7#b7 ,establishment of coordinators ,the ,secretary shall designate a ,public ,lands ,service ,corps coordinator for each agency under the jurisdiction of the ,secretary that administers ,corps activities4 7#c7 ,establishment of liaison ,the ,secretary of the ,interior shall establish an ,indian ,youth ,service ,corps liaison that will-- 7,a7 provide outreach to ,indian tribes about opportunities for establishing ,corps and ,indian ,youth ,service ,corps programs2 and 7,b7 coordinate with the ,tribal ,liaison of the ,corporation for ,national ,service to identify and establish ,corps and ,indian ,youth ,service ,corps opportunities for ,indian youth4 7c7 ,participants 7#a7 ,in general ,the ,secretary may enroll in the ,corps individuals who are-- 7,a7 hired by an agency under the jurisdiction of the ,secretary to perform work authorized under this ,act2 or 7,b7 members of a qualified youth or conservation corps with which the ,secretary has entered into a cooperative agreement to perform work authorized under this ,act4 7#b7 ,resource assistants and consulting interns ,the ,secretary may also enroll in the ,corps resource assistants and consulting interns in accordance with section #bjf7;a74 7#c7 ,eligibility requirements ,to be eligible for enrollment as a ,corps participant1 an individual shall-- 7,a7 7i7 be between the ages of #ae and #be1 inclusive2 or 7ii7 in the case of a military veteran1 be not older than #ce2 and 7,b7 satisfy the requirements of section #acg7;a77#e7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abeia7;a77#e774 7#d7 ,terms ,each ,corps participant may be enrolled in the ,corps for a term of up to #b years of service1 which may be served over a period that exceeds #b calendar years4 7#e7 ,civil service ,an individual may be enrolled as a ,corps participant without regard to the civil service and classification laws1 rules1 or regulations of the ,united ,states4 7#f7 ,preference ,the ,secretary may establish a preference for the enrollment as ,corps participants individuals who are economically1 physically1 or educationally disadvantaged4 7#g7 ,local preference ,the ,secretary may establish a preference for enrollment of ,corps participants who are individuals who live in that ,state or region4 2 7#c7 in subsection 7d71 as redesignated by paragraph 7#a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking contracts and2 and 7ii7 by striking subsection 7d7 and inserting subsection 7f72 and 7,b7 by striking paragraph 7#b7 and inserting the following new paragraphs3 7#b7 ,recruitment ,the ,secretary shall carry out1 or enter into cooperative agreements to provide1 a program to attract eligible youth to the ,corps by publicizing ,corps opportunities through high schools1 colleges1 employment centers1 electronic media1 and other appropriate institutions and means4 7#c7 ,preference ,in entering into cooperative agreements under paragraph 7#a7 or awarding competitive grants to ,indian tribes or tribally authorized organizations under section #bjg1 the ,secretary may give preference to qualified youth or conservation corps that are located in specific areas where a substantial portion of members are economically1 physically1 or educationally disadvantaged4 2 7#d7 by inserting after subsection 7d71 as redesignated by paragraph 7#a71 the following new subsection3 7e7 ,training ,for purposes of training1 the ,secretary shall take into account training already received by ,corps participants enrolled from qualified youth or conservation corps4 2 7#e7 in subsection 7f71 as redesignated by paragraph 7#a7-- 7,a7 in paragraph 7#a7-- 7i7 in the heading1 by striking ,in general4-- and inserting ,use of ,corps2 projects4--2 7ii7 by striking ,the ,secretary may utilize the ,corps or any qualified youth or conservation corps to carry out and inserting the following3 7,a7 ,in general ,the ,secretary may use the ,corps to carry out1 with appropriate supervision and training1 2 7iii7 by striking on public lands and inserting on on eligible service lands2 and 7iv7 by adding at the end the following new subparagraph3 7,b7 ,projects ,appropriate natural and cultural resources conservation projects carried out under this section may include-- 7i7 protecting1 restoring1 or enhancing ecosystem components to promote species recovery1 improve biological diversity1 enhance productivity and carbon sequestration1 and enhance adaptability and resilience of eligible service lands and resources to climate change and other natural and human disturbances2 7ii7 promoting the health of eligible service lands1 including-- 7,i7 protecting and restoring watersheds and forest1 grassland1 riparian1 estuarine1 marine1 or other habitat2 7,,ii7 reducing the risk of uncharacteristically severe wildfire and mitigating damage from insects1 disease1 and disasters2 7,,iii7 controlling erosion2 7,,iv7 controlling and removing invasive1 noxious1 or nonnative species2 and 7,v7 restoring native species2 7iii7 collecting biological1 archaeological1 and other scientific data1 including climatological information1 species populations and movement1 habitat status1 and other information2 7iv7 assisting in historical and cultural research1 museum curatorial work1 oral history projects1 documentary photography1 and activities that support the creation of public works of art related to eligible service lands2 and 7v7 constructing1 repairing1 rehabilitating1 and maintaining roads1 trails1 campgrounds and other visitor facilities1 employee housing1 cultural and historic sites and structures1 and other facilities that further the purposes of this ,act4 2 7,b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,c7 by inserting after paragraph 7#a7 the following new paragraphs3 7#b7 ,visitor services ,the ,secretary may-- 7,a7 enter into or amend an existing cooperative agreement with a cooperating association1 educational institution1 friends group1 or similar nonprofit partner organization for the purpose of providing training and work experience to ,corps participants in areas such as sales1 office work1 accounting1 and management1 provided that the work experience directly relates to the conservation and management of eligible service lands2 and 7,b7 allow ,corps participants to help promote visitor safety and enjoyment of eligible service lands1 and assist in the gathering of visitor use data4 7#c7 ,interpretation ,the ,secretary may permit ,corps participants to provide interpretation or education services for the public under the direct and immediate supervision of an agency employee-- 7,a7 to provide orientation and information services to visitors2 7,b7 to assist agency employees in the delivery of interpretive or educational programs where audience size1 environmental conditions1 safety1 or other factors make such assistance desirable2 7,c7 to present programs that relate the personal experience of the ,corps participants for the purpose of promoting public awareness of the ,corps1 the role of the ,corps in public land management agencies1 and the availability of the ,corps to potential participants2 and 7,d7 to create nonpersonal interpretive products1 such as website content1 ,junior ,ranger program books1 printed handouts1 and audiovisual programs4 2 7#f7 in subsection 7g71 as redesignated by paragraph 7#a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking those projects which and inserting priority projects and other projects that2 and 7,b7 by striking paragraph 7#b7 and inserting the following new paragraph3 7#b7 will instill in ,corps participants a work ethic and a sense of public service2 2 and 7#g7 by adding at the end the following new subsections3 7i7 ,other participants ,the ,secretary may allow volunteers from other programs administered or designated by the ,secretary to participate as volunteers in projects carried out under this section4 7j7 ,criminal history checks 7#a7 ,in general ,the requirements of section #ahi;,d7b7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfde;g7b77 shall apply to each individual age #ah or older seeking-- 7,a7 to become a ,corps participant2 7,b7 to receive funds authorized under this ,act2 or 7,c7 to supervise or otherwise have regular contact with ,corps participants in activities authorized under this ,act4 7#b7 ,eligibility prohibition ,if any of paragraphs 7#a7 through 7#d7 of section #ahi;,d7c7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfde;g7c77 apply to an individual described in paragraph 7#a71 that individual shall not be eligible for the position or activity described in paragraph 7#a71 unless the ,secretary provides an exemption for good cause4 4 7g7 ,residential conservation centers and program support ,section #bje of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7,b7 by adding at the end the following new paragraphs3 7#b7 ,temporary housing ,the ,secretary may make arrangements with another ,federal agency1 ,state1 local government1 or private organization to provide temporary housing for ,corps participants as needed and available4 7#c7 ,transportation ,in project areas where ,corps participants reside at their own homes1 the ,secretary may provide transportation to and from project sites4 2 7#b7 by redesignating subsection 7d7 as subsection 7e72 7#c7 by inserting after subsection 7c7 the following new subsection3 7d7 ,mentors ,the ,secretary may recruit from programs1 such as ,federal volunteer and encore service programs1 and from veterans groups1 military retirees1 and active duty personnel1 such adults as may be suitable and qualified to provide training1 mentoring1 and crew-leading services to ,corps participants4 2 and 7#d7 in subsection 7e71 as redesignated by paragraph 7#b71 by striking that are appropriate and all that follows through the period and inserting that the ,secretary determines to be necessary for a residential conservation center44 7h7 ,resource assistants and consulting interns ,section #bjf of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbe7 is amended-- 7#a7 in the section heading1 by inserting and consulting interns before the period2 and 7#b7 by striking subsections 7a7 and 7b7 and inserting the following new subsections3 7a7 ,authorization 7#a7 ,resource assistants 7,a7 ,in general ,the ,secretary may provide individual placements of resource assistants with any agency under the jurisdiction of the ,secretary that carries out appropriate natural and cultural resources conservation projects to carry out research or resource protection activities on behalf of the agency4 7,b7 ,eligibility ,to be eligible for selection as a resource assistant1 an individual shall be at least #ag years of age4 7,c7 ,preference ,in selecting resource assistants for placement under this paragraph1 the ,secretary shall give a preference to individuals who are enrolled in an institution of higher education or are recent graduates from an institution of higher education1 with particular attention given to ensuring full representation of women and participants from ,historically ,black ,colleges and ,universities1 ,hispanic-serving institutions1 and ,tribal ,colleges and ,universities4 7#b7 ,consulting interns 7,a7 ,in general ,the ,secretary may provide individual placements of consulting interns with any agency under the jurisdiction of the ,secretary that carries out appropriate natural and cultural resources conservation projects to carry out management analysis activities on behalf of the agency4 7,b7 ,eligibility ,to be eligible for selection as a consulting intern1 an individual shall be enrolled in1 and have completed at least #a full year at1 a graduate or professional school that has been accredited by an accrediting body recognized by the ,secretary of ,education4 7b7 ,use of ,existing ,nonprofit ,organizations 7#a7 ,in general ,whenever one or more nonprofit organizations can provide appropriate recruitment and placement services to fulfill the requirements of this section1 the ,secretary may implement this section through such organizations4 7#b7 ,expenses ,participating organizations shall contribute to the expenses of providing and supporting the resource assistants or consulting interns from sources of funding other than the ,secretary1 at a level of not less than #be percent of the total costs 7#ae percent of which may be from in-kind sources7 of each participant in the resource assistant or consulting intern program who has been recruited and placed through that organization4 7#c7 ,reporting ,each participating organization shall be required to submit an annual report evaluating the scope1 size1 and quality of the program1 including the value of work contributed by the resource assistants and consulting interns1 to the mission of the agency4 4 7i7 ,inclusion of ,indian ,youth ,service ,corps and issuance of guidance ,the ,public ,lands ,corps ,act of #aiic is amended-- 7#a7 by redesignating sections #bjg through #baa 7#af ,u4,s4,c4 #agbf through #agcj7 as sections #bji through #bac1 respectively2 and 7#b7 by inserting after section #bjf 7#af ,u4,s4,c4 #agbe7 the following new sections3 #bjg4 ,indian ,youth ,service ,corps 7a7 ,authorization of ,cooperative ,agreements and ,competitive ,grants ,the ,secretary is authorized to enter into cooperative agreements with1 or make competitive grants to1 ,indian tribes and qualified youth or conservation corps for the establishment and administration of ,indian ,youth ,service ,corps programs to carry out appropriate natural and cultural resources conservation projects on ,indian lands4 7b7 ,application ,to be eligible to receive assistance under this section1 an ,indian tribe or a qualified youth or conservation corps shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require1 including-- 7#a7 a description of the methods by which ,indian youth will be recruited for and retained in the ,indian ,youth ,service ,corps2 7#b7 a description of the projects to be carried out by the ,indian ,youth ,service ,corps2 7#c7 a description of how the projects were identified2 and 7#d7 an explanation of the impact of1 and the direct community benefits provided by1 the proposed projects4 #bjh4 ,guidance ,not later than #ah months after funds are made available to the ,secretary to carry out this ,act1 the ,secretary shall issue guidelines for the management of programs under the jurisdiction of the ,secretary that are authorized under this ,act4 4 7j7 ,living allowances and terms of service ,section #bji of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbf71 as redesignated by subsection 7i71 is amended by striking subsections 7a71 7b71 and 7c7 and inserting the following new subsections3 7a7 ,living allowances 7#a7 ,in general ,the ,secretary shall provide each ,corps participant with a living allowance in an amount established by the ,secretary4 7#b7 ,travel costs ,the ,secretary may reimburse ,corps participants for travel costs at the beginning and end of the term of service of the ,corps participants4 7b7 ,terms of ,service 7#a7 ,in general ,each ,corps participant shall agree to participate for such term of service as may be established by the ,secretary4 7#b7 ,consultations ,with respect to the ,indian ,youth ,service ,corps1 the term of service shall be established in consultation with the affected ,indian tribe or tribally authorized organization4 7c7 ,hiring ,preference and ,future ,employment ,the ,secretary may-- 7#a7 grant to a ,corps participant credit for time served as a ,corps participant1 which may be used toward future ,federal hiring2 7#b7 provide to a former participant of the ,corps or the ,indian ,youth ,service ,corps noncompetitive hiring status for a period of not more than #b years after the date on which the service of the candidate in the ,corps or the ,indian ,youth ,service ,corps was complete1 if the candidate-- 7,a7 has served a minimum of #ifj hours on an appropriate natural or cultural resources conservation project that included at least #abj hours through the ,corps or the ,indian ,youth ,service ,corps2 and 7,b7 meets ,office of ,personnel ,management qualification standards for the position for which the candidate is applying2 7#c7 provide to a former resource assistant or consulting intern noncompetitive hiring status for a period of not more than #b years after the date on which the individual has completed an undergraduate or graduate degree1 respectively1 from an accredited institution1 if the candidate-- 7,a7 successfully fulfilled the resource assistant or consulting intern program requirements2 and 7,b7 meets ,office of ,personnel ,management qualification standards for the position for which the candidate is applying2 and 7#d7 provide1 or enter into contracts or cooperative agreements with qualified employment agencies to provide1 alumni services such as job and education counseling1 referrals1 verification of service1 communications1 and other appropriate services to ,corps participants who have completed the term of service4 4 7k7 ,national service educational awards ,section #baj of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbg71 as redesignated by subsection 7i7 and amended by subsection 7b71 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking participant in the ,corps or a resource assistant and inserting ,corps participant2 and 7,b7 by striking participant or resource assistant and inserting ,corps participant2 and 7#b7 in subsection 7b7-- 7,a7 by striking either participants in the ,corps or resource assistants and inserting ,corps participants2 and 7,b7 by striking or a resource assistant4 7l7 ,nondisplacement ,section #baa of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbh71 as redesignated by subsection 7i71 is amended by striking activities carried out and all that follows through the period and inserting ,corps participants44 7m7 ,funding ,section #bab of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbi71 as redesignated by subsection 7i71 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the second sentence1 by striking nonfederal sources and inserting sources other than the ,secretary2 and 7ii7 by inserting after the second sentence the following3 ,the ,secretary may pay up to #ij percent of the costs of a project if the ,secretary determines that the reduction is necessary to enable participation from a greater range of organizations or individuals42 and 7,b7 in paragraph 7#b71 by inserting or ,indian ,youth ,service ,corps after ,corps each place it appears2 7#b7 by striking subsection 7b7 and inserting the following new subsection3 7b7 ,funds available under ,national and ,community ,service ,act ,to carry out this title1 the ,secretary shall be eligible to apply for and receive assistance under section #aba7;b7 of the ,national and ,community ,service ,act 7#db ,u4,s4,c4 #abega7;b774 2 and 7#c7 in subsection 7c7-- 7,a7 by striking section #baa and inserting section #bac2 and 7,b7 by inserting or ,indian ,youth ,service ,corps after ,corps4 7n7 ,authorization of appropriations ,section #bac of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agcj71 as redesignated by subsection 7i71 is amended-- 7#a7 in subsection 7a71 by striking year and all that follows through the period and inserting year42 7#b7 by striking subsection 7b72 and 7#c7 by redesignating subsection 7c7 as subsection 7b74 #cjg4 ,coastal ,state climate change planning 7a7 ,in ,general ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cbj4 ,climate change adaptation planning 7a7 ,in ,general ,the ,secretary shall establish consistent with the national policies set forth in section #cjc a coastal climate change adaptation planning and response program to-- 7#a7 provide assistance to coastal states to voluntarily develop coastal climate change adaptation plans pursuant to approved management programs approved under section #cjf1 to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone2 and 7#b7 provide financial and technical assistance and training to enable coastal states to implement plans developed pursuant to this section through coastal states' enforceable policies4 7b7 ,guidelines ,within #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with the coastal states1 shall issue guidelines for the implementation of the grant program established under subsection 7c74 7c7 ,climate change adaptation planning grants 7#a7 ,in general ,the ,secretary1 subject to the availability of appropriations1 may make a grant to any coastal state for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the ,secretary under subsection 7b74 7#b7 ,plan content ,a plan developed with a grant under this section shall include the following3 7,a7 ,identification of public facilities and public services1 working waterfronts1 coastal resources of national significance1 coastal waters1 energy facilities1 or other land and water uses located in the coastal zone that are likely to be impacted by climate change4 7,b7 ,adaptive management strategies for land use to respond or adapt to changing environmental conditions1 including strategies to protect biodiversity1 protect water quality1 and establish habitat buffer zones1 migration corridors1 and climate refugia4 7,c7 ,requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section #cjc4 7,d7 ,other information considered necessary by the ,secretary to identify the full range of climate change impacts affecting coastal communities4 7#c7 ,state hazard mitigation plans ,plans developed with a grant under this section shall be consistent with ,state hazard mitigation plans and natural disaster response and recovery programs developed under ,state or ,federal law4 7#d7 ,allocation ,grants under this section shall be available only to coastal states with management programs approved by the ,secretary under section #cjf and shall be allocated among such coastal states in a manner consistent with regulations promulgated pursuant to section #cjf7;c74 7#e7 ,priority ,in the awarding of grants under this subsection the ,secretary may give priority to any coastal state that has received grant funding to develop program changes pursuant to paragraphs 7#a71 7#b71 7#c71 7#e71 7#f71 7#g71 and 7#h7 of section #cji7;a74 7#f7 ,technical assistance ,the ,secretary may provide technical assistance to a coastal state consistent with section #caj to ensure the timely development of plans supported by grants awarded under this subsection4 7#g7 ,federal ,approval ,in order to be eligible for a grant under subsection 7d71 a coastal state must have its plan developed under this section approved by the ,secretary4 7d7 ,coastal adaptation project grants 7#a7 ,in general ,the ,secretary1 subject to the availability of appropriations1 may make grants to any coastal state that has a climate change adaptation plan approved under subsection 7c77#g71 in order to support projects that implement strategies contained within such plans4 7#b7 ,program requirements ,the ,secretary within #ij days after approval of the first plan approved under subsection 7c77#g71 shall publish in the ,federal ,register requirements regarding applications1 allocations1 eligible activities1 and all terms and conditions for grants awarded under this subsection4 ,no less than #cj percent1 and no more than #ej percent1 of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process4 7#c7 ,eligible activities ,the ,secretary may award grants to coastal states to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation1 including the following3 7,a7 ,activities to address physical disturbances within the coastal zone1 especially activities related to public facilities and public services1 tourism1 sedimentation1 ocean acidification1 and other factors negatively impacting coastal waters1 and fisheries-associated habitat destruction or alteration4 7,b7 ,monitoring1 control1 or eradication of disease organisms and invasive species4 7,c7 ,activities to address the loss1 degradation1 or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers1 wildlife refugia1 other wildlife refuges1 or networks thereof1 preservation of migratory wildlife corridors and other transition zones1 and restoration of fish and wildlife habitat4 7,d7 ,implementation of projects to reduce1 mitigate1 or otherwise address likely impacts caused by natural hazards in the coastal zone1 including sea level rise1 coastal inundation1 coastal erosion and subsidence1 severe weather events such as cyclonic storms1 tsunamis and other seismic threats1 and fluctuating ,great ,lakes water levels4 7,e7 ,provide technical training and assistance to local coastal policy makers to increase awareness of science1 management1 and technology information related to climate change and adaptation strategies4 7#d7 ,promotion and use of ,national ,estuarine ,research ,reserves ,the ,secretary shall promote and encourage the use of ,national ,estuarine ,research ,reserves as sites for pilot or demonstration projects carried out with grants awarded under this section4 4 7b7 ,authorization of appropriations ,section #cah7;a7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adfd7 is further amended by striking and after the semicolon at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 2 and1 and by adding at the end the following3 7#c7 for grants under subsections 7c7 and 7d7 of section #cbj1 such sums as are necessary4 4 7c7 ,intent of ,congress ,nothing in this section shall be construed to require any coastal state to amend or modify its approved management program pursuant to section #cjf7;e7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adee7;e771 or to extend the enforceable policies of a coastal state beyond the coastal zone as identified in the coastal state's approved management program4 ,,iv ,onshore ,oil and ,gas ,reform ,a ,leasing ,reforms #dja4 ,leasing process 7a7 ,onshore oil and gas leasing ,section #ag7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;a77 is amended to read as follows3 7a7 ,leasing authority 7#a7 ,in general ,all lands subject to disposition under this ,act that are known or believed to contain oil or gas deposits may be leased by the ,secretary4 7#b7 ,receipt of fair market value ,leasing activities under this ,act shall be conducted to assure receipt of fair market value for the lands and resources leased and the rights conveyed by the ,federal ,government4 4 7b7 ,competitive bidding ,section #ag7;b77#a77;,a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77#a77;,a771 as amended by this ,act1 is further amended by-- 7#a7 striking so much as precedes ,a lease shall be conditioned and inserting ,all lands to be leased shall be leased as provided in this paragraph to the highest responsible qualified bidder by competitive bidding under general regulations in units of not more than #b1efj acres1 except in ,alaska1 where units shall be not more than #e1gfj acres4 ,such units shall be as nearly compact as possible4 ,lease sales shall be conducted by sealed bid4 ,lease sales shall be held for each ,state in which there are lands eligible for leasing no more than #c times each year1 and on a rotating basis such that the lands under the responsibility of any ,bureau of ,land ,management field office are available for leasing no more than one time each year42 7#b7 striking ,the ,secretary shall accept and all that follows through for the first lease year4 and inserting ,the ,secretary may issue a lease to the responsible qualified bidder with the highest bid that is equal to or greater than the national minimum acceptable bid4 ,the ,secretary shall decide whether to accept a bid and issue a lease within #ij days following payment by the successful bidder of the remainder of the bonus bid1 if any1 and the annual rental for the first lease year42 and 7#c7 striking the last sentence4 7c7 ,minimum bid ,subparagraph 7,b7 of section #ag7;b77#a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77#a771 as amended by this ,act1 is further amended by striking ,thereafter and all that follows through the end of the subparagraph and inserting ,the ,secretary may establish a higher minimum acceptable bid if the ,secretary finds that such a higher amount is necessary 7i7 to enhance financial returns to the ,united ,states2 and 7ii7 to promote more efficient management of oil and gas resources on ,federal lands4 ,the ,secretary may reject a bid above the national minimum acceptable bid if1 after evaluation of the value of the lands proposed for lease1 the ,secretary determines that the bid amount does not ensure that fair market value is obtained for the lease4 ,the proposal or promulgation of any regulation to establish a higher minimum acceptable bid shall not be considered a major ,federal action that is subject to the requirements of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c7744 7d7 ,rentals ,section #ag7;d7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;d771 as amended by this ,act1 is further amended by-- 7#a7 striking so much as precedes shall be conditioned and inserting the following3 7d7 ,during the #b-year period beginning on the date of the enactment of the ,sustainable ,energy ,development ,reform ,act1 all leases issued under this section 2 and 7#b7 inserting before ,a minimum royalty the following3 ,after the end of such #b-year period1 the ,secretary may establish higher rental rates for all subsequent years1 if the ,secretary finds that such action is necessary to enhance financial returns to the ,united ,states and promote more efficient management of oil and gas and alternative energy resources on ,federal lands44 7e7 ,elimination of noncompetitive leasing ,the ,mineral ,leasing ,act1 as amended by this ,act1 is further amended-- 7#a7 in section #ag7;b7 7#cj ,u4,s4,c4 #bbf7;b771 by striking paragraph 7#c72 7#b7 by amending section #ag7;c7 7#cj ,u4,s4,c4 #bbf7;c77 to read as follows3 7c7 ,lands made available for leasing under subsection 7b77#a7 but for which no bids are received1 or for which the highest bid was less than the national minimum acceptable bid1 or for which the highest bid was determined to be below fair market value1 may thereafter be made available for leasing only in accordance with subsection 7b77#a74 2 7#c7 in section #ag7;e7 7#cj ,u4,s4,c4 #bbf7;e77-- 7,a7 by striking ,competitive and noncompetitive leases and inserting ,leases2 and 7,b7 by striking competitive2 7#d7 in section #ca7;d77#a7 7#cj ,u4,s4,c4 #ahh7;d77#a77 by striking or section #ag7;c72 7#e7 in section #ca7;e7 7#cj ,u4,s4,c4 #ahh7;e77-- 7,a7 in paragraph 7#b7 by striking 1 or the inclusion and all that follows and inserting a semicolon2 and 7,b7 in paragraph 7#c7 by striking 7,a7 and by striking subparagraph 7,b72 7#f7 by striking section #ca7;f7 7#cj ,u4,s4,c4 #ahh7;f772 and 7#g7 in section #ca7;g7 7#cj ,u4,s4,c4 #ahh7;g77-- 7,a7 in paragraph 7#a7 by striking as a competitive and all that follows through the period and inserting in the same manner as the original lease issued pursuant to section #ag42 7,b7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,c7 in paragraph 7#b71 as so redesignated1 by striking 1 applicable to leases issued under subsection #ag7;c7 of this ,act 7#cj ,u4,s4,c4 #bbf7;c77 except1 and inserting 1 except4 7f7 ,lease term ,section #ag7;e7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;e77 is amended-- 7#a7 by striking #aj years and inserting #e years2 and 7#b7 by striking ten years and inserting #e years4 7g7 ,other leasing requirements ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g771 as amended by section #ajd of this ,act1 is further amended by adding at the end the following3 7#g7 ,limitation ,the ,secretary shall not issue a lease or approve the assignment of any lease to any person1 or to any subsidiary or affiliate of such person or any other person controlled by or under common control with such person1 unless such person has the demonstrated capability to explore and produce oil and gas under the lease4 7#h7 ,protection of leased lands for other uses ,each lease under this section shall include such terms as are necessary to preserve the ,federal ,government's flexibility to control or prohibit activities that pose serious and unacceptable impacts to the value of the leased lands for uses other than production of oil and gas4 4 #djb4 ,transparency and landowner protections 7a7 ,disclosure of identities filing disclosures of interest and bids ,section #ag7;b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b771 as amended by this ,act1 is further amended by adding at the end the following3 7#c7 ,the ,secretary-- 7,a7 shall require that each expression of interest to bid for a lease under this section and each bid for a lease under this section shall include the name of the person for whom such expression of interest or bid is submitted2 and 7,b7 shall promptly publish each such name4 4 7b7 ,notice requirements ,section #ag7;f7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;f77 is amended by striking all through the first #b sentences and inserting the following3 7f7 7#a7 ,at least #de days before offering lands for lease under this section1 and at least #cj days before approving applications for permits to drill under the provisions of a lease1 modifying the terms of any lease issued under this section1 or granting a waiver1 exception1 or modification of any stipulation of a lease issued under this section1 the ,secretary shall provide notice of the proposed action to-- 7,a7 the general public by posting such notice in the appropriate local office and on the electronic website of the leasing and land management agencies offering the lands for lease2 7,b7 all surface land owners in the area of the lands being offered for lease2 and 7,c7 the holders of special recreation permits for commercial use1 competitive events1 and other organized activities on the lands being offered for lease4 7#b7 4 7c7 ,surface owner protection 7#a7 ,post-lease surface use agreement 7,a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may not authorize any operator to conduct exploration and drilling operations on lands with respect to which title to oil and gas resources is held by the ,united ,states but title to the surface estate is not held by the ,united ,states1 until the operator has filed with the ,secretary a document1 signed by the operator and the surface owner or owners1 showing that the operator has secured a written surface use agreement between the operator and the surface owner or owners that meets the requirements of subparagraph 7,b74 7,b7 ,contents ,the surface use agreement shall provide for-- 7i7 the use of only such portion of the surface estate as is reasonably necessary for exploration and drilling operations based on site-specific conditions2 7ii7 the accommodation of the surface estate owner to the maximum extent practicable1 including the location1 use1 timing1 and type of exploration and drilling operations1 consistent with the operator's right to develop the oil and gas estate2 7iii7 the reclamation of the site to a condition capable of supporting the uses which such lands were capable of supporting prior to exploration and drilling operations2 and 7iv7 compensation for damages as a result of exploration and drilling operations1 including but not limited to-- 7,i7 loss of income and increased costs incurred2 7,,ii7 damage to or destruction of personal property1 including crops1 forage1 and livestock2 and 7,,iii7 failure to reclaim the site in accordance with this clause 7iii74 7,c7 ,procedure 7i7 ,an operator shall notify the surface estate owner or owners of the operator's desire to conclude an agreement under this section4 ,if the surface estate owner and the operator do not reach an agreement within #ij days after the operator has provided such notice1 the matter shall be referred to third-party arbitration for resolution within a period of #ij days4 ,the cost of such arbitration shall be the responsibility of the operator4 7ii7 ,the ,secretary shall identify persons with experience in conducting arbitrations and shall make this information available to operators4 7iii7 ,referral of a matter for arbitration by a person identified by the ,secretary pursuant to clause 7ii7 shall be sufficient to constitute compliance with clause 7i74 7,d7 ,attorneys fees ,if action is taken to enforce or interpret any of the terms and conditions contained in a surface use agreement1 the prevailing party shall be reimbursed by the other party for reasonable attorneys fees and actual costs incurred1 in addition to any other relief which a court or arbitration panel may grant4 7#b7 ,authorized exploration and drilling operations 7,a7 ,authorization without surface use agreement ,the ,secretary may authorize an operator to conduct exploration and drilling operations on lands covered by paragraph 7#a7 in the absence of an agreement with the surface estate owner or owners1 if-- 7i7 the ,secretary makes a determination in writing that the operator made a good faith attempt to conclude such an agreement1 including referral of the matter to arbitration pursuant to paragraph 7#a77;,c71 but that no agreement was concluded within #ij days after the referral to arbitration2 7ii7 the operator submits a plan of operations that provides for the matters specified in paragraph 7#a77;,b7 and for compliance with all other applicable requirements of ,federal and ,state law2 and 7iii7 the operator posts a bond or other financial assurance in an amount the ,secretary determines to be adequate to ensure compensation to the surface estate owner for any damages to the site1 in the form of a surety bond1 trust fund1 letter of credit1 government security1 certificate of deposit1 cash1 or equivalent4 7,b7 ,surface owner participation ,the ,secretary shall provide surface estate owners with an opportunity to-- 7i7 comment on plans of operations in advance of a determination of compliance with this title2 7ii7 participate in bond level determinations and bond release proceedings under this section2 7iii7 attend an on-site inspection during such determinations and proceedings2 7iv7 file written objections to a proposed bond release2 and 7v7 request and participate in an on-site inspection when they have reason to believe there is a violation of the terms and conditions of a plan of operations4 7,c7 ,payment of financial guarantee ,a surface estate owner with respect to any land subject to a lease may petition the ,secretary for payment of all or any portion of a bond or other financial assurance required under this section as compensation for any damages as a result of exploration and drilling operations4 ,pursuant to such a petition1 the ,secretary may use such bond or other guarantee to provide compensation to the surface estate owner for such damages4 7,d7 ,bond release ,upon request and after inspection and opportunity for surface estate owner review1 the ,secretary may release the financial assurance required under this section if the ,secretary determines that exploration and drilling operations are ended and all damages have been fully compensated4 7#c7 ,surface owner notification ,the ,secretary shall-- 7,a7 notify surface estate owners in writing at least #de days in advance of lease sales2 7,b7 within ten working days after a lease is issued1 notify surface estate owners of regarding the identity of the lessee2 7,c7 notify surface estate owners in writing concerning any subsequent decisions regarding a lease1 such as modifying or waiving stipulations and approving rights-of-way2 and 7,d7 notify surface estate owners within five business days after issuance of a drilling permit under a lease4 #djc4 ,lease stipulations 7a7 ,energy ,policy ,act of #bjje ,section #cfc7;b77#c77;,c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibb7;b77#c77;,c77 is amended to read as follows3 7,c7 adequately protective of the resource for which the stipulations are applied2 4 7b7 ,revision of existing memorandum ,not later than #ahj days after the date of the enactment of this ,act the ,secretary of the ,interior and the ,secretary of ,agriculture shall revise the memorandum of understanding under section #cfc7;b77#c77;,c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibb7 in accordance with the amendment made by subsection 7a74 #djd4 ,master leasing plans ,section #ag7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;a771 as amended by section #dja1 is further amended by adding at the end the following3 7#c7 ,master leasing plans 7,a7 ,in general ,the ,secretary may adopt and implement a master leasing plan to govern the issuance of oil and gas leases under this ,act for any ,federal lands1 in accordance with ,bureau of ,land ,management ,instruction ,memorandum ,no4 #bjaj-aag1 dated ,may #ag1 #bjaj1 as in effect on ,april #bd1 #bjag1 and without regard to any recision1 revocation1 amendment1 or other modification to such memorandum after such date4 7,b7 ,factors and considerations ,in deciding whether to adopt and implement master leasing plans1 the ,secretary-- 7i7 shall construe the factors stated in such ,instruction ,memorandum broadly2 and 7ii7 shall consider the benefits of avoiding conflicts and protecting other resources exercising discretion for adopting master leasing plan4 7,c7 ,requirement ,the ,secretary shall adopt and implement a master leasing plan under subparagraph 7,a7 applicable to leases for ,federal lands in a ,state or county of a ,state1 if requested by the government of such ,state or county1 respectively4 7,d7 ,petitions 7i7 ,in general ,any person who is a resident of a ,state or county of a ,state may submit a petition to the ,secretary requesting the ,secretary to adopt and implement a master leasing plan under subparagraph 7,a7 applicable to the issuance of leases for ,federal lands in that ,state or county1 respectively4 7ii7 ,consideration ,if the ,secretary receives such a petition1 the ,secretary shall promptly issue a determination of whether or not the adoption and implementation of such a master leasing plan is appropriate4 4 #dje4 ,parcel review ,section #ag7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;a771 as amended by sections #dja and #djd of this ,act1 is further amended by adding at the end the following3 7#d7 ,parcel review ,the ,secretary shall issue oil and gas leases under this ,act only in accordance with subsections ,c through ,i of section ,,iii of ,bureau of ,land ,management ,instruction ,memorandum ,no4 #bjaj-aag1 dated ,may #ag1 #bjaj4 4 #djf4 ,acreage limitations ,section #bg7;d77#a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahd7;d77#a77 is amended by striking 1 and acreage under any lease any portion of which has been committed to a federally approved unit or cooperative plan or communitization agreement or for which royalty 7including compensatory royalty or royalty in-kind7 was paid in the preceding calendar year14 #djg4 ,land management ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g77 is further amended by adding at the end the following3 7#i7 ,multiple-use management ,the ,secretary of the ,interior1 or for ,national ,forest lands1 the ,secretary of ,agriculture1 shall manage lands that are subject to an oil and gas lease under this ,act in accordance with the principles1 policies1 and requirements relating to multiple use under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 until the beginning of operations under such lease4 4 #djh4 ,oil shale ,section #ba7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bda7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking ,the ,secretary of the ,interior and inserting ,subject to paragraph 7#f71 the ,secretary of the ,interior2 and 7#b7 by adding at the end the following3 7#f7 ,the ,secretary may not issue any lease for oil shale under this ,act before the date the ,secretary issues a finding that the technical and economic feasibility of development of and production from such deposit has been demonstrated under section #cfi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibg74 4 ,b ,permitting ,reforms #daa4 ,categorical exclusions ,section #cij of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb7 is amended by adding at the end the following3 7c7 ,limitation ,based on extraordinary circumstances ,the categorical exclusion established under subsection 7a7 shall be subject to extraordinary circumstances in accordance with the ,departmental ,manual1 #eaf ,,dm #b4c;,a7#c7 and #eaf ,,dm #b1 ,appendix #b 7or successor provisions74 4 #dab4 ,permitting deadline ,section #ag7p7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7p77 is amended-- 7#a7 by striking the heading and inserting the following3 ,notice of ,receipt of ,permit ,applications4--2 7#b7 by striking paragraphs 7#b7 and 7#c72 and 7#c7 in paragraph 7#a7-- 7,a7 by striking 7#a7 ,in general4--2 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively2 and 7,c7 by moving paragraphs 7#a7 and 7#b71 as so redesignated1 #b ems to the left4 #dac4 ,abandoned and orphaned wells 7a7 ,definition ,as used in this section1 the term abandoned well means any well drilled for the purpose of exploring for or developing oil or gas resources 7including coalbed methane7 that-- 7#a7 has not been in operation for a period of #ab continuous months1 unless the owner or operator has notified the ,secretary of the ,interior 7for wells drilled to explore for or develop minerals owned by the ,united ,states7 or the relevant ,state regulatory agency 7for wells drilled to explore for or develop minerals not owned by the ,united ,states7 that the well has been temporarily shut down2 or 7#b7 has not been operative for more than #fj continuous months after the owner or operator has notified the ,secretary of the ,interior 7for wells drilled to explore for or develop minerals owned by the ,united ,states7 or the relevant ,state regulatory agency 7for wells drilled to explore for or develop minerals not owned by the ,united ,states7 that the well has been temporarily shut down4 7b7 ,federal remediation program 7#a7 ,establishment of program 7,a7 ,the ,secretary of the ,interior1 in cooperation with the ,secretary of ,agriculture1 shall establish a program to ensure to the maximum extent feasible the remediation1 reclamation1 and closure of abandoned wells that-- 7i7 are located on lands administered by an agency of the ,department of the ,interior or the ,forest ,service2 or 7ii7 were drilled to explore for or develop minerals owned by the ,united ,states located on lands with respect to which the surface estate is not owned by the ,united ,states4 7,b7 ,in implementing the program1 the ,secretary of the ,interior-- 7i7 shall cooperate with the ,secretary of ,agriculture and the ,states with respect to the ,federal lands covered by the program are located2 and 7ii7 shall consult with the ,secretary of ,energy and the ,interstate ,oil and ,gas ,compact ,commission4 7,c7 ,the ,secretary of the ,interior shall establish the program by no later than #c years after the date of enactment of this section4 7#b7 ,program elements ,the program established under paragraph 7#a7 shall-- 7,a7 provide for identification of abandoned wells to be covered by the program2 7,b7 establish a means of ranking critical sites for priority in remediation based on potential environmental harm1 other land use priorities1 and public health and safety2 and 7,c7 provide as far as possible for identifying any lessees or other persons responsible for abandoned wells1 and for recovering the costs of remediation to the maximum extent feasible4 7#c7 ,plan ,within #f months after the date of enactment of this section1 the ,secretary of the ,interior1 in cooperation with the ,secretary of ,agriculture1 shall prepare a plan for implementing the program established under paragraph 7#a74 ,a copy of the plan shall be transmitted to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7#d7 ,review and report 7,a7 ,no later than #c years after the date of enactment of this section1 the ,secretary of the ,interior1 in consultation with the ,secretary of ,agriculture1 shall complete a review of the status of remediation1 reclamation1 and closure actions under the program4 7,b7 ,upon completion of the review required by subparagraph 7,a71 the ,secretary of the ,interior shall provide to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate-- 7i7 a report on the results of the review2 7ii7 information regarding any wells on lands covered by the program that have been abandoned since the date of enactment of this section2 and 7iii7 any recommendations the ,secretary may choose to make regarding legislative or administration steps to further the purposes for which the program was established4 7c7 ,assistance to ,states and tribes 7#a7 ,state program ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,energy1 shall establish a program to provide technical assistance to facilitate ,state efforts to develop and implement practical and economical remedies for environmental problems caused by abandoned wells on lands that are not owned by the ,united ,states4 ,the ,secretary shall work with the ,states1 through the ,interstate ,oil and ,gas ,compact ,commission1 to assist the ,states in quantifying and mitigating environmental risks of onshore abandoned wells on ,state and private lands4 7#b7 ,tribal program ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,energy1 shall establish a program to provide technical assistance to facilitate efforts by ,indian ,tribes to develop and implement practical and economical remedies for environmental problems caused by abandoned wells on ,indian lands1 including lands held in trust by the ,united ,states4 7#c7 ,program elements ,so far as possible1 the programs established under this section shall include-- 7,a7 mechanisms to facilitate identification of responsible parties2 7,b7 criteria for ranking critical sites based on factors such as other land use priorities1 potential environmental harm and public visibility2 and 7,c7 information and training programs regarding best practices for remediation of different types of sites4 7d7 ,fund 7#a7 ,establishment ,there is established in the ,treasury a separate account to be known as the ,abandoned and ,orphaned ,oil and ,gas ,well ,cleanup ,fund4 7#b7 ,contents ,the account shall consist of amounts deposited in the account under section #ce7;d7 of the ,mineral ,leasing ,act4 7#c7 ,use ,of the amounts deposited into the account each fiscal year1 there shall be available to the ,secretary of the ,interior-- 7,a7 #e1jjj1jjj to carry out subsection 7b72 and 7,b7 #e1jjj1jjj to carry out subsection 7c74 7e7 ,surcharge fee for applications permits ,to drill ,section #ce7;d7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia7;d77 is amended-- 7#a7 in paragraph 7#b71 by inserting under paragraph 7#a7 after the fee2 7#b7 in paragraph 7#c7-- 7,a7 by striking this subsection and inserting paragraph 7#a72 and 7,b7 in subparagraph 7,b71 by striking the fees and inserting such fees2 and 7#c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,surcharge 7,a7 ,in general ,in addition to the fee collected under paragraph 7#a71 the ,secretary shall collect a surcharge fee for each such new application for a permit to drill in the amount of #bej 7as indexed as provided in paragraph 7#b774 7,b7 ,deposit ,amounts collected as a surcharge fee under this paragraph shall be deposited into the ,abandoned and ,orphaned ,oil and ,gas ,well ,cleanup ,fund established by section #dac of the ,sustainable ,energy ,development ,reform ,act4 4 #dad4 ,online publication of notices of staking and applications for permits to drill ,section #ag7;g7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;g771 as amended by this ,act1 is further amended by adding at the end the following3 7#aj7 ,publication of notices of staking and applications for permits to drill 7,a7 ,onsite review ,no onsite review may be conducted pursuant to a notice of staking under ,onshore ,oil and ,gas ,order ,no4 #a of the ,bureau of ,land ,management 7dated ,march #g1 #bjjg71 or any successor authority1 before the end of the #aj-;day period beginning on the date the ,secretary publishes such notice on the ,internet4 7,b7 ,permits to drill ,no permit authorizing drilling for purposes of exploration for1 or development or production of1 oil or gas under this ,act may be issued before the end of the #cj-;day period beginning on the date the ,secretary publishes the application for such permit on the ,internet4 4 #dae4 ,having open access to relevant data 7a7 ,short title ,this section may be cited as the ,having ,open ,access to ,relevant ,data ,act or the ,,hoard ,act4 7b7 ,report on ,a,p,ds 7#a7 ,in general ,not later than ,january #a of each year1 the ,secretary of the ,interior shall submit to ,congress a report on the following statistics3 7,a7 ,the number of ,a,p,ds approved by the ,,blm during the previous fiscal year for which the applicant has not begun drilling by the end of such year4 7,b7 ,the number of ,a,p,ds approved by the ,,blm during any fiscal year for which the applicant has not begun drilling by the end of the previous fiscal year4 7,c7 ,with respect to ,a,p,ds approved by the ,,blm during the previous fiscal year1 the average number of days between receipt of an ,,apd by the ,,blm and the approval of such ,,apd1 disaggregated by the average number of such days-- 7i7 the ,,apd was being processed by ,,blm2 and 7ii7 the ,,blm was waiting on additional information from the applicant4 7,d7 ,with respect to ,a,p,ds approved by the ,,blm during the previous fiscal year1 the average cost of approving an ,,apd4 7#b7 ,disaggregation ,the ,secretary of the ,interior shall disaggregate each statistic required under paragraph 7#a7 by the location of the site for which the ,,apd was requested1 including by-- 7,a7 the ,state in which such site is located2 7,b7 the ,,blm field office that administers the land upon which such site is located2 7,c7 whether or not the site is located on ,federal land2 and 7,d7 whether or not the site is located on ,indian land4 7c7 ,discouraging hoarding and speculation 7#a7 ,limitation on ,federal funds used for streamlining processing of ,a,p,ds ,no ,federal funds may be used to streamline ,,blm processing of ,a,p,ds during a fiscal year if1 on the last day of the previous fiscal year1 the number of ,a,p,ds approved by the ,,blm during any fiscal year1 but for which the applicant has not begun drilling1 is greater than twice the number of ,a,p,ds received by the ,,blm during any fiscal year for which the ,,blm has neither approved nor requested more information from the applicant4 7#b7 ,limitation on number of outstanding ,a,p,ds per applicant ,if any applicant1 including its affiliates1 has received greater than #ajj approved ,a,p,ds from the ,,blm for which such applicant1 including its affiliates1 has not begun drilling1 then such applicant1 including its affiliates1 shall not be eligible to participate in the competitive and noncompetitive bidding processes for oil and gas exploration and production under the ,minerals ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 during the #e-year period beginning on the first day of the next fiscal year4 7d7 ,definitions ,in this section3 7#a7 ,affiliate ,with respect to an applicant1 the term affiliate means any person that controls1 is controlled by1 or is under common control with the applicant4 7#b7 ,,apd ,the term ,,apd means an application received by the ,,blm for a permit to drill an oil or gas well4 7#c7 ,,blm ,the term ,,blm means the ,bureau of ,land ,management4 ,c ,operational ,reforms #dba4 ,best management practices ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior shall promulgate final regulations that require oil and gas operators to use best management practices that ensure the sound1 efficient1 and environmentally responsible development of oil and gas on ,federal lands in a manner that avoids where practical1 minimizes1 and mitigates actual and anticipated impacts to environmental habitat functions resulting from oil and gas development4 ,such regulations may allow the ,secretary to approve site-specific adjustments to address unique issues and circumstances1 on a case-by-case basis4 ,all such regulations shall be consistent with the ,united ,states trust responsibility to ,indian ,tribes4 #dbb4 ,inspection fee 7a7 ,in general ,section #ajh of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agah7 is amended by adding at the end the following3 7d7 ,inspection fee 7#a7 ,in general ,the designated operator under each oil and gas lease on ,federal or ,indian lands1 or each unit and communitization agreement that includes one or more such ,federal or ,indian leases1 that is subject to inspection under subsection 7b7 and that is in force at the start of fiscal year #bjag1 shall pay a nonrefundable inspection fee in an amount that1 except as provided in paragraph 7#b71 is established by the ,secretary by regulation and is sufficient to recover the full costs incurred by the ,united ,states for inspection and enforcement with respect to such leases4 7#b7 ,amount ,until the effective date of regulations under paragraph 7#a71 the amount of the fee shall be-- 7,a7 #gjj for each lease or unit or communitization agreement with no active or inactive wells1 but with surface use1 disturbance or reclamation2 7,b7 #a1bbe for each lease or unit or communitization agreement with #a to #aj wells1 with any combination of active or inactive wells2 7,c7 #d1ijj for each lease or unit or communitization agreement with #aa to #ej wells1 with any combination of active or inactive wells2 and 7,d7 #i1hjj for each lease or unit or communitization agreement with more than #ej wells1 with any combination of active or inactive wells4 7#c7 ,due date ,payment of the fee under this section shall be due not later than #cj days after the ,secretary provides notice of the assessment of the fee4 7#d7 ,penalty ,if the designated operator fails to pay the full amount of the fee as prescribed in this section1 the ,secretary may1 in addition to utilizing any other applicable enforcement authority1 assess civil penalties against the operator under section #aji in the same manner as if this section were a mineral leasing law4 4 7b7 ,assessment for fiscal year #bjah ,the ,secretary of the ,interior shall assess the fee under the amendment made by subsection 7a7 for fiscal year #bjah1 and provide notice of such assessment to each designated operator who is liable for such fee1 by not later than #fj days after the date of the enactment of this ,act4 #dbc4 ,protection of water resources 7a7 ,mineral ,leasing ,act requirements ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended by adding at the end the following3 7r7 ,water requirements 7#a7 ,an operator producing oil or gas 7including coalbed methane7 under a lease issued under this ,act shall-- 7,a7 replace the water supply of a water user who obtains all or part of such user's supply of water for domestic1 agricultural1 or other purposes from an underground or surface source that has been affected by contamination1 diminution1 or interruption proximately resulting from drilling operations for such production2 and 7,b7 comply with all applicable requirements of ,federal and ,state law for discharge of any water produced under the lease4 7#b7 ,an application for a permit to drill under a lease under this ,act shall be accompanied by a proposed water management plan including provisions to-- 7,a7 protect the quantity and quality of surface and ground water systems1 both on-site and off-site1 from adverse effects of the exploration1 development1 and reclamation processes or to provide alternative sources of water if such protection cannot be assured2 7,b7 protect the rights of present users of water that would be affected by operations under the lease1 including the discharge of any water produced in connection with such operations that is not reinjected2 and 7,c7 identify any agreements with other parties for the beneficial use of produced waters and the steps that will be taken to comply with ,state and ,federal laws related to such use4 4 7b7 ,relation to ,state law ,nothing in this section or any amendment made by this section shall-- 7#a7 be construed as impairing or in any manner affecting any right or jurisdiction of any ,state with respect to the waters of such ,state2 or 7#b7 be construed as limiting1 altering1 modifying1 or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between ,states4 #dbd4 ,methane emissions 7a7 ,in general ,title ,i of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agaa et seq47 is amended by adding at the end the following3 #aah4 ,gas waste reduction and enhancement of gas measuring and reporting 7a7 ,rules for preventing and reducing waste of gas via venting1 flaring1 and fugitive releases 7#a7 ,requirement to issue rules ,the ,secretary shall issue rules that establish requirements for reducing and preventing the waste of gas1 including by venting1 flaring1 and fugitive releases1 from covered operations4 7#b7 ,content of rules ,the rules shall-- 7,a7 require that #ii percent of all gas produced that is subject to a mineral leasing law be captured annually within #e years after the enactment of the ,sustainable ,energy ,development ,reform ,act2 7,b7 require flaring of gas1 rather than venting1 in all instances in which gas capture is not viable2 7,c7 require that every application for a permit to drill a production well-- 7i7 demonstrate sufficient infrastructure is in place to capture produced gas2 and 7ii7 be subject to public comments for a period of #cj days2 7,d7 prohibit all new wells from flaring1 within #b years after the date of the enactment of the ,sustainable ,energy ,development ,reform ,act2 7,e7 require the operator of any covered operation that routinely flares gas before the effective date of the prohibition under subparagraph 7,d7 to submit a gas capture plan to the ,secretary no later than #f months after such effective date that ensures the requirement in subparagraph 7,a7 will be met2 7,f7 require the operator of any covered operation that routinely flares gas before the effective date of the prohibition under subparagraph 7,d7 to demonstrate a yearly decrease in the amount of gas flared1 as a fraction of gas produced1 to meet the requirement under subparagraph 7,a72 7,g7 set performance standards based on modern equipment1 to be updated every #e years1 that minimize gas loss from-- 7i7 storage tanks2 7ii7 dehydrators2 7iii7 compressors2 7iv7 open-ended valves or lines2 7v7 pumps2 and 7vi7 other equipment for which the ,secretary considers such standards are necessary2 7,h7 require the replacement of all high-bleed gas-actuated pneumatic devices with low-bleed or no-bleed devices2 7,i7 set performance standards based on modern procedures and equipment1 to be updated every #e years1 that minimize gas loss from-- 7i7 downhole maintenance2 7ii7 liquids unloading2 7iii7 well completion2 and 7iv7 other procedures for which the ,secretary considers such standards are necessary2 7,j7 require all operators to have regularly scheduled leak detection programs that assess the entire covered operation using an infrared camera or other equipment with equivalent sensitivity and the ability to survey similarly large areas2 7,k7 require any leaks found during leak detection programs required under subparagraph 7,j71 or otherwise1 to be repaired within #b weeks2 and 7,l7 require recordkeeping for-- 7i7 equipment maintenance2 7ii7 leak detection and repair2 7iii7 venting events2 7iv7 flaring events2 and 7v7 other operations for which the ,secretary considers such requirements are necessary4 7b7 ,gas measuring1 reporting1 and transparency requirements 7#a7 ,in general ,the ,secretary shall1 in accordance with this subsection1 establish new requirements for measuring and reporting the production and disposition of all gas subject to the mineral leasing laws to allow for more accurate accounting of all such gas that is consumed or lost by venting and flaring1 and of fugitive releases of such gas4 7#b7 ,measuring and reporting requirements ,to account for all gas referred to in paragraph 7#a71 the ,secretary shall issue rules requiring oil or gas operators to-- 7,a7 measure all production and disposition of gas with such accuracy that fugitive gas releases can be calculated2 7,b7 install metering devices to measure all vented and flared gas2 and 7,c7 report to the ,secretary the volumes of gas measured under the requirements under subparagraph 7,a71 including-- 7i7 all new measured values for production and disposition1 including vented and flared volumes2 and 7ii7 fugitive releases based on guidelines for their calculation established by the ,secretary in the rule4 7#c7 ,transparency ,the ,secretary shall make all new data produced under the requirements established by the ,secretary under this subsection1 including calculated fugitive releases and volumes of gas lost to venting and flaring1 publicly available through the internet-- 7,a7 without a fee or other access charge2 7,b7 in a searchable1 sortable1 and downloadable manner1 to the extent technically possible2 and 7,c7 as soon as technically practicable after the report by the operator is filed4 7c7 ,application ,except as otherwise specified in this section1 the requirements established by the ,secretary under this section shall apply to-- 7#a7 the construction and operation of any covered operation initiated after the date of the issuance of rules under this section2 and 7#b7 after the end of the #a-year period beginning on the date of the issuance of such rules1 any covered operation initiated before the date of the issuance of such rules4 7d7 ,enforcement mechanisms 7#a7 ,in general ,the ,secretary shall include in the rules issued under this section consistent enforcement mechanisms for covered operations that are not in compliance with the requirements established by the rules4 7#b7 ,requirements ,the enforcement mechanisms under paragraph 7#a7 shall include-- 7,a7 civil penalties for unauthorized venting and flaring1 which shall-- 7i7 apply in lieu of the penalties under section #aji2 and 7ii7 include production restrictions and civil monetary penalties equivalent to #c times the market value of the vented or flared gas2 and 7,b7 civil penalties that apply to noncompliance with other new or existing procedures1 which shall-- 7i7 apply in addition to or in lieu of the penalties under section #aji2 7ii7 include production restrictions or monetary penalties1 or both2 and 7iii7 in the case of monetary penalties1 be proportional to market conditions4 7e7 ,definitions ,in this section3 7#a7 ,covered operations ,the term covered operations means all oil and gas operations that are subject to mineral leasing law or title ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#cj ,u4,s4,c4 #agfa et seq471 regardless of size1 including production1 storage1 gathering1 processing1 and handling operations4 7#b7 ,flare and flaring ,the term flaring means the intentional and controlled burning of gas that occurs in the course of oil and gas operations to limit release of gas to the atmosphere4 7#c7 ,fugitive release ,the term fugitive release means the unintentional and uncontrolled release of gas into the atmosphere in the course of oil and gas operations4 7#d7 ,gas capture plan ,the term gas capture plan means a plan that includes specific goals1 including equipment and timelines1 for capturing1 gathering1 and processing gas produced under an oil or gas lease4 7#e7 ,gas release ,the term gas release includes all gas that is discharged to the atmosphere via venting or fugitive release4 7#f7 ,vent and venting ,the term venting means the intentional and controlled release of gas into the atmosphere in the course of oil and gas operations4 4 7b7 ,clerical amendment ,the table of contents in section #a of that ,act is amended by adding at the end of the items relating to title ,i the following3 ,sec4 #aah4 ,gas waste reduction and enhancement of gas measuring and reporting4 4 7c7 ,deadline ,the ,secretary of the ,interior shall issue rules required by the amendments made by this section by not later than #a year after the date of the enactment of this ,act4 7d7 ,interim application of prior rule ,the final rule entitled ,waste ,prevention1 ,production ,subject to ,royalties1 and ,resource ,conservation1 as published in the ,federal ,register ,november #ah1 #bjaf 7#ha ,fed4 ,reg4 #hcjjh71 shall apply until the date of the publication of a final rule under the amendment made by subsection 7a74 7e7 ,assessment of venting1 flaring1 and fugitive releases ,not later than #f months after the end of the #a-year period beginning on the date the ,secretary of the ,interior first receives data submitted under the requirements established under subsection 7b7 of section #aah of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb1 as amended by this section1 the ,secretary shall-- 7#a7 submit a report to ,congress describing-- 7,a7 the volume of fugitive releases1 and gas consumed or lost by venting and flaring1 from covered operations 7as those terms are used in such section72 7,b7 additional rules the ,secretary considers necessary to further curtail venting1 flaring1 and fugitive releases1 or the rational basis for not issuing new rules if the ,secretary considers new rules are not necessary2 and 7,c7 recommendations for new statutory authority necessary to limit venting1 flaring1 or fugitive releases2 and 7#b7 issue rules described in the report under paragraph 7#a77;,b7 within #a year after the date of the submission of the report4 #dbe4 ,fracking regulation on ,federal lands 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of the ,interior1 acting through the ,bureau of ,land ,management1 shall issue regulations governing the use of hydraulic fracturing under oil and gas leases for ,federal lands4 7b7 ,included provisions ,the regulations under this section shall include-- 7#a7 requirement of baseline water testing2 and 7#b7 full disclosure to the public of chemicals used for hydraulic fracturing1 on an appropriate internet website4 7c7 ,interim application of prior rule ,the final rule entitled ,oil and ,gas2 ,hydraulic ,fracturing on ,federal and ,indian ,lands1 as published in the ,federal ,register ,march #bf1 #bjae 7#hj ,fed4 ,reg4 #afabh71 and corrected by the rule published ,march #cj1 #bjae 7#hj ,fed4 ,reg4 #afegg71 shall apply until the date of the publication of a final rule under subsection 7a74 #dbf4 ,closing loopholes 7a7 ,safe ,drinking ,water ,act 7#a7 ,hydraulic fracturing ,section #adba7;d77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h7d77#a77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil1 gas1 or geothermal production activities2 but 7,c7 excludes the underground injection of natural gas for purposes of storage4 4 7#b7 ,disclosure of hydraulic fracturing chemicals2 medical emergencies2 proprietary chemical formulas ,section #adba7;b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;,h7b77 is amended by adding at the end the following3 7#d7 7,a7 ,regulations included under paragraph 7#a77;,c7 shall include the following requirements3 7i7 ,a person conducting hydraulic fracturing operations shall disclose to the ,state 7or the ,administrator if the ,administrator has primary enforcement responsibility in the ,state7-- 7,i7 prior to the commencement of any hydraulic fracturing operations at any lease area or portion thereof1 a list of chemicals intended for use in any underground injection during such operations1 including identification of the chemical constituents of mixtures1 ,chemical ,abstracts ,service numbers for each chemical and constituent1 material safety data sheets when available1 and the anticipated volume of each chemical2 and 7,,ii7 not later than #cj days after the end of any hydraulic fracturing operations1 the list of chemicals used in each underground injection during such operations1 including identification of the chemical constituents of mixtures1 ,chemical ,abstracts ,service numbers for each chemical and constituent1 material safety data sheets when available1 and the volume of each chemical used4 7ii7 ,the ,state or the ,administrator1 as applicable1 shall make the disclosure of chemical constituents referred to in clause 7i7 available to the public1 including by posting the information on an appropriate internet website4 7iii7 ,whenever the ,state or the ,administrator1 or a treating physician or nurse1 determines that a medical emergency exists and the proprietary chemical formula of a chemical used in hydraulic fracturing operations is necessary for medical treatment1 the person conducting the hydraulic fracturing operations shall1 upon request1 immediately disclose the proprietary chemical formulas or the specific chemical identity of a trade secret chemical to the ,state1 the ,administrator1 or the treating physician or nurse1 regardless of whether a written statement of need or a confidentiality agreement has been provided4 ,the person conducting the hydraulic fracturing operations may require a written statement of need and a confidentiality agreement as soon thereafter as circumstances permit4 7,b7 ,subparagraphs 7,a77i7 and 7,a77ii7 do not authorize the ,state 7or the ,administrator7 to require the public disclosure of proprietary chemical formulas4 4 7b7 ,clean ,water ,act 7#a7 ,limitation on permit requirement ,section #djb7l7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b74 7#b7 ,definitions ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended-- 7,a7 by striking paragraph 7#bd72 and 7,b7 by redesignating paragraphs 7#be7 and 7#bf7 as paragraphs 7#bd7 and 7#be71 respectively4 7#c7 ,study 7,a7 ,in general ,the ,secretary of the ,interior shall conduct a study of stormwater impacts with respect to any area that the ,secretary determines may be contaminated by stormwater runoff associated with oil or gas operations1 which shall include-- 7i7 an analysis of measurable contamination in such area2 7ii7 an analysis of ground water resources in such area2 and 7iii7 an analysis of the susceptibility of aquifers in such area to contamination from stormwater runoff associated with such operations4 7,b7 ,report ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit to ,congress a report on the results of studies conducted under subparagraph 7,a74 7c7 ,clean ,air ,act 7#a7 ,repeal of exemption for aggregation of emissions from oil and gas sources ,section #aab7n7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7n77 is amended by striking paragraph 7#d74 7#b7 ,hydrogen sulfide as a hazardous air pollutant ,the ,administrator of the ,environmental ,protection ,agency shall-- 7,a7 not later than #ahj days after the date of enactment of this ,act1 issue a final rule adding hydrogen sulfide to the list of hazardous air pollutants under section #aab7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7;b772 and 7,b7 not later than #cfe days after a final rule under paragraph 7#a7 is issued1 revise the list under section #aab7;c7 of such ,act 7#db ,u4,s4,c4 #gdab7;c77 to include categories and subcategories of major sources and area sources of hydrogen sulfide1 including oil and gas wells4 7d7 ,solid ,waste ,disposal ,act 7#a7 ,identification or listing1 and regulation under subtitle c ,paragraph 7#b7 of section #cjja7;b7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fiba7;b77 is amended to read as follows3 7#b7 ,not later than #a year after the date of enactment of the ,sustainable ,energy ,development ,reform ,act1 the ,administrator shall-- 7,a7 determine whether drilling fluids1 produced waters1 and other wastes associated with the exploration1 development1 or production of crude oil1 natural gas1 or geothermal energy meet the criteria promulgated under this section for the identification or listing of hazardous waste2 7,b7 identify or list as hazardous waste any drilling fluids1 produced waters1 or other wastes associated with the exploration1 development1 or production of crude oil1 natural gas1 or geothermal energy that the ,administrator determines1 pursuant to subparagraph 7,a71 meet the criteria promulgated under this section for the identification or listing of hazardous waste2 and 7,c7 promulgate regulations under sections #cjjb1 #cjjc1 and #cjjd for wastes identified or listed as hazardous waste pursuant to subparagraph 7,b71 except that the ,administrator is authorized to modify the requirements of such sections to take into account the special characteristics of such wastes so long as such modified requirements protect human health and the environment4 4 7#b7 ,regulation under subtitle ,d ,section #djaj7;c7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fidi;a7c77 is amended by adding at the end the following new paragraph3 7#g7 ,drilling fluids1 produced waters1 and other wastes associated with the exploration1 development1 or production of crude oil1 natural gas1 or geothermal energy ,not later than #a year after the date of enactment of the ,sustainable ,energy ,development ,reform ,act1 the ,administrator shall promulgate revisions of the criteria promulgated under section #djjd7;a7 and under section #ajjh7;a77#c7 for facilities that may receive drilling fluids1 produced waters1 or other wastes associated with the exploration1 development1 or production of crude oil1 natural gas1 or geothermal energy1 that are not identified or listed as hazardous waste pursuant to section #cjja7;b77#b74 ,the criteria shall be those necessary to protect human health and the environment and may take into account the practicable capability of such facilities4 ,at a minimum such revisions for facilities potentially receiving such wastes should require ground water monitoring as necessary to detect contamination1 establish criteria for the acceptable location of new or existing facilities1 and provide for corrective action and financial assurance as appropriate4 4 #dbg4 ,transparency in management of leases ,section #ag7;a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;a771 as amended by sections #dja1 #djd1 and #dje of this ,act1 is further amended by adding at the end the following3 7#e7 ,transparency in management of leases ,the ,secretary shall make available on a public ,internet website for each lease under this section-- 7,a7 the identity of-- 7i7 each person who is or has been a lessee under the lease2 and 7ii7 each person who is or has been an operator under the lease2 7,b7 notice of each transfer of the lease2 and 7,c7 notice of each suspension of operations1 each suspension of production1 and each suspension of operations and production4 4 #dbh4 ,lease cancellation for improper issuance ,section #ca7;b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh7;b77 is amended by inserting if the lease was improperly issued or after #cj days notice4 #dbi4 ,protecting ,national ,parks and ,wildlife ,refuges 7a7 ,in general ,each of the rules described in subsection 7b7 shall apply as published on the date referred to in such subsection for such rule1 unless-- 7#a7 the ,secretary of the ,interior determines that modifications to such rule are necessary2 and 7#b7 such modifications are more protective of ,national ,parks or ,national ,wildlife ,refuges1 as applicable4 7b7 ,rules described ,the rules referred to in subsection 7a7 are-- 7#a7 the rule entitled ,general ,provisions and ,non-,federal ,oil and ,gas ,rights2 ,final ,rule1 as published in the ,federal ,register ,november #d1 #bjaf 7#ha ,fed4 ,reg4 #ggigb72 and 7#b7 the rule entitled ,management of ,non-,federal ,oil and ,gas ,rights1 as published ,november #ad1 #bjaf 7#ha ,fed4 ,reg4 #giidh74 ,v ,offshore ,oil and ,gas ,reforms ,a ,regional ,coordination and ,planning #eja4 ,definitions ,in this subtitle3 7#a7 ,affected ,indian ,tribe ,the term affected ,indian tribe means an ,indian tribe that has federally reserved rights that are affirmed by treaty1 statute1 ,executive order1 ,federal court order1 or other ,federal law in the area at issue4 7#b7 ,coastal ,state ,the term coastal ,state has the meaning given the term in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec74 7#c7 ,important ecological area ,the term important ecological area means an area that contributes significantly to local or larger marine ecosystem health or is an especially unique or sensitive marine ecosystem4 7#d7 ,marine ecosystem health ,the term marine ecosystem health means the ability of an ecosystem in ocean and coastal waters to support and maintain patterns1 important processes1 and productive1 sustainable1 and resilient communities of organisms1 having a species composition1 diversity1 and functional organization resulting from the natural habitat of the region1 such that it is capable of supporting a variety of activities and providing a complete range of ecological benefits4 ,such an ecosystem would be characterized by a variety of factors1 including-- 7,a7 a complete diversity of native species and habitat wherein each native species is able to maintain an abundance1 population structure1 and distribution supporting its ecological and evolutionary functions1 patterns1 and processes2 and 7,b7 a physical1 chemical1 geological1 and microbial environment that is necessary to achieve such diversity4 7#e7 ,outer ,continental ,shelf ,the term ,outer ,continental ,shelf has the meaning that the term outer ,continental ,shelf has in the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474 7#f7 ,regional ,ocean ,partnership ,the term ,regional ,ocean ,partnership means voluntary1 collaborative management initiatives developed and entered into by the ,governors of two or more coastal ,states or created by an interstate compact for the purpose of addressing more than one ocean1 coastal1 or ,great ,lakes issue and to implement policies and activities identified under special area management plans under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 or other agreements developed and signed by the ,governors4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #ejb4 ,regional coordination 7a7 ,in general ,the purpose of this subtitle is-- 7#a7 to promote better coordination1 communication1 and collaboration between ,federal agencies with authorities for ocean1 coastal1 and ,great ,lakes management2 and 7#b7 to promote coordinated and collaborative regional planning efforts using the best available science in decisions affecting the sustainable development and use of ,federal renewable and nonrenewable resources on1 in1 or above the ocean 7including the ,outer ,continental ,shelf7 and the ,great ,lakes to ensure the protection and maintenance of marine ecosystem health and for the long-term economic and environmental benefit of the ,united ,states4 7b7 ,objectives of regional efforts ,such regional efforts shall achieve the following objectives3 7#a7 ,greater systematic communication and coordination among ,federal1 coastal ,state1 and affected tribal governments concerned with the conservation of and the sustainable development and use of ,federal renewable and nonrenewable resources of the oceans1 coasts1 and ,great ,lakes4 7#b7 ,to the maximum extent feasible1 greater reliance on a multiobjective1 science- and ecosystem-based1 spatially explicit management approach that integrates regional economic1 ecological1 affected tribal1 and social objectives into ocean1 coastal1 and ,great ,lakes management decisions4 7#c7 ,identification and prioritization of shared ,state and ,federal ocean1 coastal1 and ,great ,lakes management issues4 7#d7 ,identification of data and information needed by the ,regional ,coordination ,councils established under section #ejc4 7c7 ,regions ,there are hereby designated the following ,coordination ,regions3 7#a7 ,pacific region ,the ,pacific ,coordination ,region1 which shall consist of the coastal waters and ,exclusive ,economic ,zone adjacent to the ,states of ,washington1 ,oregon1 and ,california4 7#b7 ,gulf of ,mexico region ,the ,gulf of ,mexico ,coordination ,region1 which shall consist of the coastal waters and ,exclusive ,economic ,zone adjacent to the ,states of ,texas1 ,louisiana1 ,mississippi1 and ,alabama1 and the west coast of ,florida4 7#c7 ,north ,atlantic region ,the ,north ,atlantic ,coordination ,region1 which shall consist of the coastal waters and ,exclusive ,economic ,zone adjacent to the ,states of ,maine1 ,new ,hampshire1 ,massachusetts1 ,rhode ,island1 and ,connecticut4 7#d7 ,mid ,atlantic region ,the ,mid ,atlantic ,coordination ,region1 which shall consist of the coastal waters and ,exclusive ,economic ,zone adjacent to the ,states of ,new ,york1 ,new ,jersey1 ,pennsylvania1 ,delaware1 ,maryland1 and ,virginia4 7#e7 ,south ,atlantic region ,the ,south ,atlantic ,coordination ,region1 which shall consist of the coastal waters and ,exclusive ,economic ,zone adjacent to the ,states of ,north ,carolina1 ,south ,carolina1 ,georgia1 the east coast of ,florida1 and the ,straits of ,florida ,planning ,area4 7#f7 ,alaska region ,the ,alaska ,coordination ,region1 which shall consist of the coastal waters and ,exclusive ,economic ,zone adjacent to the ,state of ,alaska4 7#g7 ,pacific ,islands region ,the ,pacific ,islands ,coordination ,region1 which shall consist of the coastal waters and ,exclusive ,economic ,zone adjacent to the ,state of ,hawaii1 the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 and ,guam4 7#h7 ,caribbean region ,the ,caribbean ,coordination ,region1 which shall consist of the coastal waters and ,exclusive ,economic ,zone adjacent to ,puerto ,rico and the ,united ,states ,virgin ,islands4 7#i7 ,great ,lakes region ,the ,great ,lakes ,coordination ,region1 which shall consist of waters of the ,great ,lakes in the ,states of ,illinois1 ,indiana1 ,michigan1 ,minnesota1 ,new ,york1 ,ohio1 ,pennsylvania1 and ,wisconsin4 #ejc4 ,regional ,coordination ,councils 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,chairman of the ,council on ,environmental ,quality1 in consultation with the affected coastal ,states and affected ,indian tribes1 shall establish or designate a ,regional ,coordination ,council for each of the ,coordination ,regions designated by section #ejb7;c74 7b7 ,membership 7#a7 ,federal representatives ,not later than #ij days after the date of the enactment of this ,act1 the ,chairman of the ,council on ,environmental ,quality shall publish the titles of the officials of each ,federal agency and department that shall participate in each ,council4 ,the ,councils shall include representatives of each ,federal agency and department that has authority related to the development of ocean1 coastal1 or ,great ,lakes policies or engages in planning1 management1 or scientific activities that significantly affect or inform the use of ocean1 coastal1 or ,great ,lakes resources4 ,the ,chairman of the ,council on ,environmental ,quality shall determine which ,federal agency representative shall serve as the chairperson of each ,council4 7#b7 ,coastal ,state representatives 7,a7 ,notice of intent to participate ,not later than #c months after the date of the enactment of this ,act1 the ,governor of each coastal ,state within each ,coordination ,region designated by section #ejb7;c7 that intends to participate in the ,regional ,coordination ,council for the ,region shall inform the ,chairman of the ,council on ,environmental ,quality4 7,b7 ,appointment of responsible ,state official ,the ,governor of each coastal ,state that intends to participate in the ,regional ,coordination ,council for the ,region shall appoint an officer or employee of the coastal ,state agency with primary responsibility for overseeing ocean and coastal policy or resource management to that ,council4 7#c7 ,regional ,fishery ,management ,council representation ,the ,chairman of each ,regional ,fishery ,management ,council with jurisdiction in the ,coordination ,region of a ,regional ,coordination ,council and the executive director of the interstate marine fisheries commission with jurisdiction in the ,coordination ,region of a ,regional ,coordination ,council shall each serve as a member of the ,council4 7#d7 ,regional ,ocean ,partnership representation ,a representative of any ,regional ,ocean ,partnership that has been established for any part of the ,coordination ,region of a ,regional ,coordination ,council may appoint a representative to serve on the ,council in addition to any ,federal or ,state appointments4 7#e7 ,tribal representation ,an appropriate tribal official selected by affected ,indian tribes situated in the affected ,coordination ,region may elect to appoint a representative of such tribes collectively to serve as a member of the ,regional ,coordination ,council for that ,region4 7#f7 ,local representation ,the ,chairman of the ,council on ,environmental ,quality shall1 in consultation with the ,governors of the coastal ,states within each ,coordination ,region1 identify and appoint representatives of county and local governments1 as appropriate1 to serve as members of the ,regional ,coordination ,council for that ,region4 7c7 ,advisory committee ,each ,regional ,coordination ,council shall establish an advisory committee made up of a balanced representation from the energy1 shipping1 and transportation1 marine tourism1 and recreation industries1 from marine environmental nongovernmental organizations1 and from scientific and educational authorities with expertise in the conservation and management of ocean1 coastal1 and ,great ,lakes resources to advise the ,council during the development of ,regional ,assessments and ,regional ,strategic ,plans and in its other activities4 7d7 ,coordination with existing programs ,each ,regional ,coordination ,council shall build upon and complement current ,state1 multistate1 and regional capacity and governance and institutional mechanisms to manage and protect ocean waters1 coastal waters1 and ocean resources4 #ejd4 ,regional strategic plans 7a7 ,initial regional assessment 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 each ,regional ,coordination ,council shall prepare an initial assessment of its ,coordination ,region that identifies deficiencies in data and information necessary to informed decisionmaking4 ,each initial assessment shall1 to the extent feasible-- 7,a7 identify the ,coordination ,region's renewable and nonrenewable resources1 including current and potential energy resources2 7,b7 identify and include a spatially and temporally explicit inventory of existing and potential uses of the ,coordination ,region1 including fishing and fish habitat1 tourism1 recreation1 and energy development2 7,c7 document the health and relative environmental sensitivity of the marine ecosystem within the ,coordination ,region1 including a comprehensive survey and status assessment of species1 habitats1 and indicators of ecosystem health2 7,d7 identify marine habitat types and important ecological areas within the ,coordination ,region2 7,e7 assess the ,coordination ,region's marine economy and cultural attributes and include regionally specific ecological and socio-economic baseline data2 7,f7 identify and prioritize additional scientific and economic data necessary to inform the development of ,strategic ,plans2 and 7,g7 include other information to improve decision making as determined by the ,regional ,coordination ,council4 7#b7 ,data ,each initial assessment shall-- 7,a7 use the best available data2 7,b7 collect and provide data in a spatially explicit manner wherever practicable and provide such data to the interagency comprehensive digital mapping initiative as described in section #b of ,public ,law #aji-eh 7#db ,u4,s4,c4 #aehja72 and 7,c7 make publicly available any such data that is not classified information4 7#c7 ,public participation ,each ,regional ,coordination ,council shall provide adequate opportunity for review and input by stakeholders and the general public during the preparation of the initial assessment and any revised assessments4 7b7 ,regional ,strategic ,plans 7#a7 ,requirement ,not later than #c years after the completion of the initial regional assessment1 each ,regional ,coordination ,council shall prepare and submit to the ,chairman of the ,council on ,environmental ,quality a multiobjective1 science- and ecosystem-based1 spatially explicit1 integrated ,strategic ,plan in accordance with this subsection for the ,council's ,coordination ,region4 7#b7 ,management objective ,the management objective of the ,strategic ,plans under this subsection shall be to foster comprehensive1 integrated1 and sustainable development and use of ocean1 coastal1 and ,great ,lakes resources1 while protecting marine ecosystem health and sustaining the long-term economic and ecosystem values of the oceans4 7#c7 ,contents ,each ,strategic ,plan prepared by a ,regional ,coordination ,council shall-- 7,a7 be based on the initial regional assessment and updates for the ,coordination ,region under subsections 7a7 and 7c71 respectively2 7,b7 foster the sustainable and integrated development and use of ocean1 coastal1 and ,great ,lakes resources in a manner that protects the health of marine ecosystems2 7,c7 identify areas with potential for siting and developing renewable energy resources and oil and gas projects in the ,coordination ,region covered by the ,strategic ,plan2 7,d7 identify other current and potential uses of the ocean and coastal resources in the ,coordination ,region2 7,e7 identify and recommend long-term monitoring needs for ecosystem health and socioeconomic variables within the ,coordination ,region covered by the ,strategic ,plan2 7,f7 identify existing ,state and ,federal regulating authorities within the ,coordination ,region covered by the ,strategic ,plan2 7,g7 identify best available technologies to minimize adverse environmental impacts and use conflicts in the development of ocean and coastal resources in the ,coordination ,region2 7,h7 identify additional research1 information1 and data needed to carry out the ,strategic ,plan2 7,i7 identify performance measures and benchmarks for purposes of fulfilling the responsibilities under this section to be used to evaluate the ,strategic ,plan's effectiveness2 7,j7 define responsibilities and include an analysis of the gaps in authority1 coordination1 and resources1 including funding1 that must be filled in order to fully achieve those performance measures and benchmarks2 and 7,k7 include such other information at the ,chairman of the ,council on ,environmental ,quality determines is appropriate4 7#d7 ,public participation ,each ,regional ,coordination ,council shall provide adequate opportunities for review and input by stakeholders and the general public during the development of the ,strategic ,plan and any ,strategic ,plan revisions4 7c7 ,updated regional assessments ,each ,regional ,coordination ,council shall update the initial regional assessment prepared under subsection 7a7 in coordination with each ,strategic ,plan revision under subsection 7e7 to provide more detailed information regarding the required elements of the assessment and to include any relevant new information that has become available in the interim4 7d7 ,review and approval 7#a7 ,commencement of review ,not later than #aj days after the receipt of a ,strategic ,plan under this section1 or any revision to such a ,strategic ,plan1 from a ,regional ,coordination ,council1 the ,chairman of the ,council of ,environmental ,quality shall commence a review of the ,strategic ,plan or the revised ,strategic ,plan1 respectively4 7#b7 ,public notice and comment ,immediately after receipt of such a ,strategic ,plan or revision1 the ,chairman of the ,council of ,environmental ,quality shall publish the ,strategic ,plan or revision in the ,federal ,register and provide an opportunity for the submission of public comment for a #ij-;day period beginning on the date of such publication4 7#c7 ,requirements for approval ,before approving a ,strategic ,plan1 or any revision to a ,strategic ,plan1 the ,chairman of the ,council on ,environmental ,quality must find that the ,strategic ,plan or revision-- 7,a7 is consistent with the ,outer ,continental ,shelf ,lands ,act2 7,b7 complies with subsection 7b72 and 7,c7 complies with the purposes of this subtitle as identified in section #ejb7;a7 and the objectives identified in section #ejb7;b74 7#d7 ,deadline for completion ,not later than #ahj days after the receipt of a ,strategic ,plan1 or a revision to a ,strategic ,plan1 the ,chairman of the ,council of ,environmental ,quality shall approve or disapprove the ,strategic ,plan or revision4 ,if the ,chairman disapproves the ,strategic ,plan or revision1 the ,chairman shall transmit to the ,regional ,coordination ,council that submitted the ,strategic ,plan or revision1 an identification of the deficiencies and recommendations to improve it4 ,the ,council shall submit a revised ,strategic ,plan or revision to such plan not later than #ahj days after receiving the recommendations from the ,chairman4 7e7 ,plan revision ,each ,strategic ,plan shall be reviewed and revised by the relevant ,regional ,coordination ,council at least once every #e years4 ,such review and revision shall be based on the most recently updated regional assessment4 ,any proposed revisions to the ,strategic ,plan shall be submitted to the ,chairman of the ,council on ,environmental ,quality for review and approval pursuant to this section4 #eje4 ,regulations ,the ,chairman of the ,council on ,environmental ,quality may issue such regulations as the ,chairman considers necessary to ensure proper administration of this subtitle4 #ejf4 ,ocean ,resources ,conservation and ,assistance 7,,orca7 ,fund 7a7 ,establishment 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a separate account to be known as the ,ocean ,resources ,conservation and ,assistance ,fund1 referred to in this section as the ,,orca ,fund4 7#b7 ,credits ,the ,,orca ,fund shall be credited with amounts as specified in section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch71 as amended by section #ead of this title4 7#c7 ,allocation of the ,,orca ,fund 7,a7 ,in general ,of the amounts deposited in the ,,orca ,fund each fiscal year-- 7i7 #gj percent shall be allocated to the ,secretary of ,commerce1 of which-- 7,i7 #ab shall be used to make grants to coastal ,states and affected ,indian tribes under subsection 7b72 and 7,,ii7 #ab shall be used for the ocean1 coastal1 and ,great ,lakes grants program established by subsection 7c72 7ii7 #bj percent shall be allocated to the ,secretary of ,commerce to carry out the purposes of subsection 7e72 and 7iii7 #aj percent shall be allocated to the ,secretary of ,commerce to make grants to ,regional ,ocean ,partnerships under subsection 7d74 7,b7 ,availability ,amounts allocated to the ,secretary of ,commerce under subparagraph 7,a7 shall be available without further appropriation4 7#d7 ,procedures ,the ,secretary of ,commerce shall establish application1 review1 oversight1 financial accountability1 and performance accountability procedures for each grant program for which funds are allocated under this subsection4 7b7 ,grants to coastal states 7#a7 ,grant authority ,the ,secretary of ,commerce may use amounts allocated under subsection 7a77#c77;,a77i77,i7 to make grants to-- 7,a7 coastal ,states pursuant to the formula established under section #cjf7;c7 of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adee7;c772 and 7,b7 affected ,indian tribes based on and proportional to any specific coastal and ocean management authority granted to an affected tribe pursuant to affirmation of a ,federal reserved right4 7#b7 ,eligibility ,to be eligible to receive a grant under this subsection1 a coastal ,state or affected ,indian tribe must prepare and revise a #e-year plan and annual work plans that-- 7,a7 demonstrate that activities for which the coastal ,state or affected ,indian tribe will use the funds are consistent with the eligible uses of the ,fund described in subsection 7f72 and 7,b7 provide mechanisms to ensure that funding is made available to government1 nongovernment1 and academic entities to carry out eligible activities at the county and local level4 7#c7 ,approval of ,state and affected tribal plans 7,a7 ,in general ,plans required under paragraph 7#b7 must be submitted to and approved by the ,secretary of ,commerce4 7,b7 ,public input and comment ,in determining whether to approve such plans1 the ,secretary of ,commerce shall provide opportunity for1 and take into consideration1 public input and comment on the plans from stakeholders and the general public4 7#d7 ,oil spill planning and response grants ,for each of the fiscal years #bjah-bjbb1 the ,secretary of ,commerce may use funds allocated for grants under this subsection to make grants to coastal ,states and affected tribes under section #cba of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq471 as amended by this ,act4 7#e7 ,use of funds ,any amounts provided as a grant under this subsection1 other than as a grant under paragraph 7#d71 may only be used for activities described in subsection 7f74 7c7 ,ocean and coastal competitive grants program 7#a7 ,establishment ,the ,secretary of ,commerce shall use amounts allocated under subsection 7a77#c77;,a77i77,,ii7 to make competitive grants for conservation and management of ocean1 coastal1 and ,great ,lakes ecosystems and marine resources4 7#b7 ,ocean1 coastal1 and great lakes review panel 7,a7 ,in general ,the ,secretary of ,commerce shall establish an ,ocean1 ,coastal1 and ,great ,lakes ,review ,panel 7in this subsection referred to as the ,panel71 which shall consist of #ab members appointed by the ,secretary of ,commerce with expertise in the conservation and management of ocean1 coastal1 and ,great ,lakes ecosystems and marine resources4 ,in appointing members to the ,council1 the ,secretary of ,commerce shall include a balanced diversity of representatives of relevant ,federal agencies1 the private sector1 nonprofit organizations1 and academia4 7,b7 ,functions ,the ,panel shall-- 7i7 review1 in accordance with the procedures and criteria established under paragraph 7#c71 grant applications under this subsection2 7ii7 make recommendations to the ,secretary of ,commerce regarding which grant applications should be funded and the amount of each grant2 and 7iii7 establish any specific requirements1 conditions1 or limitations on a grant application recommended for funding4 7#c7 ,procedures and eligibility criteria for grants 7,a7 ,in general ,the ,secretary of ,commerce shall establish-- 7i7 procedures for applying for a grant under this subsection and criteria for evaluating applications for such grants2 and 7ii7 criteria1 in consultation with the ,panel1 to determine what persons are eligible for grants under the program4 7,b7 ,eligible persons ,persons eligible under the criteria under subparagraph 7,a77ii7 shall include ,federal1 ,state1 affected tribal1 and local agencies1 fishery or wildlife management organizations1 nonprofit organizations1 and academic institutions4 7#d7 ,approval of grants ,in making grants under this subsection the ,secretary of ,commerce shall give the highest priority to the recommendations of the ,panel4 ,if the ,secretary of ,commerce disapproves a grant recommended by the ,panel1 the ,secretary of ,commerce shall explain that disapproval in writing4 7#e7 ,use of grant funds ,any amounts provided as a grant under this subsection may only be used for activities described in subsection 7f74 7d7 ,grants to ,regional ,ocean ,partnerships 7#a7 ,grant authority ,the ,secretary of ,commerce may use amounts allocated under subsection 7a77#c77;,a77iii7 to make grants to ,regional ,ocean ,partnerships4 7#b7 ,eligibility ,in order to be eligible to receive a grant1 a ,regional ,ocean ,partnership must prepare and annually revise a plan that-- 7,a7 identifies regional science and information needs1 regional goals and priorities1 and mechanisms for facilitating coordinated and collaborative responses to regional issues2 7,b7 establishes a process for coordinating and collaborating with the ,regional ,coordination ,councils established under section #ejc to address regional issues and information needs and achieve regional goals and priorities2 and 7,c7 demonstrates that activities to be carried out with such funds are eligible uses of the funds identified in subsection 7f74 7#c7 ,approval by ,secretary ,such plans must be submitted to and approved by the ,secretary of ,commerce4 7#d7 ,public input and comment ,in determining whether to approve such plans1 the ,secretary of ,commerce shall provide opportunity for1 and take into consideration1 input and comment on the plans from stakeholders and the general public4 7#e7 ,use of funds ,any amounts provided as a grant under this subsection may only be used for activities described in subsection 7f74 7e7 ,long-,term ocean and coastal observations 7#a7 ,in general ,the ,secretary of ,commerce shall use the amounts allocated under subsection 7a77#c77;,a77ii7 to build1 operate1 and maintain the system established under section #abcjd of ,public ,law #aaa-aa 7#cc ,u4,s4,c4 #cfjc71 in accordance with the purposes and policies for which the system was established4 7#b7 ,administration of funds ,the ,secretary of ,commerce shall administer and distribute funds under this subsection based upon comprehensive system budgets adopted by the ,council referred to in section #abcjd7;c77#a77;,a7 of ,public ,law #aaa-aa 7#cc ,u4,s4,c4 #cfjc7;c77#a77;,a774 7f7 ,eligible use of funds ,any funds made available under this section may only be used for activities that contribute to the conservation1 protection1 maintenance1 and restoration of ocean1 coastal1 and ,great ,lakes ecosystems in a manner that is consistent with ,federal environmental laws and that avoids environmental degradation1 including-- 7#a7 activities to conserve1 protect1 maintain1 and restore coastal1 marine1 and ,great ,lakes ecosystem health2 7#b7 activities to protect marine biodiversity and living marine and coastal resources and their habitats1 including fish populations2 7#c7 the development and implementation of multiobjective1 science- and ecosystem-based plans for monitoring and managing the wide variety of uses affecting ocean1 coastal1 and ,great ,lakes ecosystems and resources that consider cumulative impacts and are spatially explicit where appropriate2 7#d7 activities to improve the resiliency of those ecosystems2 7#e7 activities to improve the ability of those ecosystems to become more resilient1 and to adapt to and withstand the impacts of climate change and ocean acidification2 7#f7 planning for and managing coastal development to minimize the loss of life and property associated with sea level rise and the coastal hazards resulting from it2 7#g7 research1 assessment1 monitoring1 and dissemination of information that contributes to the achievement of these purposes2 7#h7 research of1 protection of1 enhancement to1 and activities to improve the resiliency of culturally significant areas and resources2 and 7#i7 activities designed to rescue1 rehabilitate1 and recover injured marine mammals1 marine birds1 and sea turtles4 #ejg4 ,waiver ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,regional ,coordination ,councils established under section #ejc4 ,b ,outer ,continental ,shelf ,lands ,act ,amendments #eaa4 ,national policy for the ,outer ,continental ,shelf ,section #c of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accb7 is amended-- 7#a7 by striking paragraph 7#c7 and inserting the following3 7#c7 the outer ,continental ,shelf is a vital national resource reserve held by the ,federal ,government for the public1 that should be managed in a manner that-- 7,a7 recognizes the need of the ,united ,states for domestic sources of energy1 food1 minerals1 and other resources2 7,b7 minimizes the potential impacts of development of those resources on the marine and coastal environment and on human health and safety2 and 7,c7 acknowledges the long-term economic value to the ,united ,states of the balanced and orderly management of those resources that safeguards the environment and respects the multiple values and uses of the outer ,continental ,shelf2 2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 7#c7 in paragraph 7#e71 by striking should be and inserting shall be1 and striking 2 and and inserting a semicolon2 7#d7 by redesignating paragraph 7#f7 as paragraph 7#g72 7#e7 by inserting after paragraph 7#e7 the following3 7#f7 exploration1 development1 and production of energy and minerals on the outer ,continental ,shelf should be allowed only when those activities can be accomplished in a manner that minimizes-- 7,a7 harmful impacts to life 7including fish and other aquatic life7 and health2 7,b7 damage to the marine1 coastal1 and human environments and to property2 and 7,c7 harm to other users of the waters1 seabed1 or subsoil2 and 2 and 7#f7 in paragraph 7#g7 7as so redesignated71 by-- 7,a7 striking should be and inserting shall be2 7,b7 inserting best available after using2 and 7,c7 striking or minimize4 #eab4 ,,ocs leasing standard ,section #e of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd7 is amended-- 7#a7 in subsection 7a71 by striking ,the ,secretary may at any time and inserting ,the ,secretary shall2 7#b7 in the second sentence of subsection 7a71 by inserting after provide for the following3 operational safety1 the protection of the marine and coastal environment1 and2 7#c7 in subsection 7a71 by inserting and the ,secretary of ,commerce with respect to matters that may affect the marine and coastal environment after which may affect competition2 7#d7 in clause 7ii7 of subsection 7a77#b77;,a71 by striking a reasonable period of time and inserting #cj days2 and 7#e7 in subsection 7a77#g71 by inserting in a manner that minimizes harmful impacts to the marine and coastal environment after lease area4 #eac4 ,,ocs leasing procedures 7a7 ,financial assurance and fiscal responsibility ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by adding at the end the following3 7q7 ,review of bond and surety amounts ,not later than ,may #a1 #bjah1 and every #e years thereafter1 the ,secretary shall review the minimum financial responsibility requirements for leases issued under this section and shall ensure that any bonds or surety required are adequate to comply with the requirements of this ,act or the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja et seq474 7r7 ,periodic fiscal review and report 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection and every #c years thereafter1 the ,secretary shall carry out a review and prepare a report setting forth-- 7,a7 7i7 the royalty and rental rates included in new offshore oil and gas leases2 and 7ii7 the rationale for the rates2 7,b7 whether1 in the view of the ,secretary1 the royalty and rental rates described in subparagraph 7,a7 will yield a fair return to the public while promoting the production of oil and gas resources in a timely manner2 7,c7 7i7 the minimum bond or surety amounts required pursuant to offshore oil and gas leases2 and 7ii7 the rationale for the minimum amounts2 7,d7 whether the bond or surety amounts described in subparagraph 7,c7 are adequate to comply with subsection 7q72 and 7,e7 whether the ,secretary intends to modify the royalty or rental rates1 or bond or surety amounts1 based on the review4 7#b7 ,public participation ,in carrying out a review and preparing a report under paragraph 7#a71 the ,secretary shall provide to the public an opportunity to participate4 7#c7 ,report deadline ,not later than #cj days after the date on which the ,secretary completes a report under paragraph 7#a71 the ,secretary shall transmit copies of the report to-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7s7 ,comparative review of fiscal system 7#a7 ,in general ,not later than #b years after the date of enactment of this subsection and every #e years thereafter1 the ,secretary shall carry out a comprehensive review of all components of the ,federal offshore oil and gas fiscal system1 including requirements for-- 7,a7 bonus bids2 7,b7 rental rates2 7,c7 royalties2 and 7,d7 oil and gas taxes4 7#b7 ,requirements 7,a7 ,contents2 scope ,a review under paragraph 7#a7 shall include-- 7i7 the information and analyses necessary to compare the offshore bonus bids1 rents1 royalties1 and taxes of the ,federal ,government to the offshore bonus bids1 rents1 royalties1 and taxes of other resource owners1 including ,states and foreign countries2 and 7ii7 an assessment of the overall offshore oil and gas fiscal system in the ,united ,states1 as compared to foreign countries4 7,b7 ,advisory committee ,in carrying out a review under paragraph 7#a71 the ,secretary shall convene and seek the advice of the ,royalty ,policy ,committee4 7#c7 ,report 7,a7 ,in general ,the ,secretary shall prepare a report that contains-- 7i7 the contents and results of the review carried out under paragraph 7#a7 for the period covered by the report2 and 7ii7 any recommendations of the ,secretary based on the contents and results of the review4 7,b7 ,report deadline ,not later than #cj days after the date on which the ,secretary completes a report under paragraph 7#a71 the ,secretary shall transmit copies of the report to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 4 7b7 ,environmental diligence ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,requirement for certification of responsible stewardship 7#a7 ,certification requirement ,no bid or request for a lease1 easement1 or right-of-way under this section1 or for a permit to drill under section #aa7;d71 may be submitted by any person unless the person certifies to the ,secretary that the person 7including any related person and any predecessor of such person or related person7 meets each of the following requirements3 7,a7 ,the person is meeting due diligence1 safety1 and environmental requirements on other leases1 easements1 and rights-of-way4 7,b7 ,in the case of a person that is a responsible party for a vessel or a facility from which oil is discharged1 for purposes of section #ajjb of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgjb71 the person has met all of its obligations under that ,act to provide compensation for covered removal costs and damages4 7#b7 ,enforcement ,if the ,secretary determines that a certification made under paragraph 7#a7 is false1 the ,secretary shall cancel any lease1 easement1 or right-of-way and shall revoke any permit with respect to which the certification was required under such paragraph4 7#c7 ,definition of related person ,for purposes of this subsection1 the term related person includes a parent1 subsidiary1 affiliate1 member of the same controlled group1 contractor1 subcontractor1 a person holding a controlling interest or in which a controlling interest is held1 and a person with substantially the same board members1 senior officers1 or investors4 4 7c7 ,review of impacts of lease sales on the marine and coastal environment by secretary ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by adding at the end of subsection 7a7 the following3 7#i7 ,at least #fj days prior to any lease sale1 the ,secretary shall request a review by the ,secretary of ,commerce of the proposed sale with respect to impacts on the marine and coastal environment4 ,the ,secretary of ,commerce shall complete and submit in writing the results of that review within #fj days after receipt of the ,secretary of the ,interior's request4 4 7d7 ,terms and provisions ,section #h7;b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;b77 is amended by striking ,an oil and gas lease issued pursuant to this section shall and inserting ,an oil and gas lease may be issued pursuant to this section only if the ,secretary determines that activities under the lease are not likely to result in any condition described in section #e7;a77#b77;,a77i71 and shall4 #ead4 ,funding ,section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch7 is amended to read as follows3 #i4 ,disposition of revenues 7a7 ,general ,except as provided in subsections 7b71 7c71 and 7d71 all rentals1 royalties1 and other sums paid to the ,secretary or the ,secretary of the ,navy under any lease on the outer ,continental ,shelf for the period from ,june #e1 #aiej1 to date1 and thereafter shall be deposited in the ,treasury of the ,united ,states and credited to miscellaneous receipts4 7b7 ,land and ,water ,conservation ,fund ,effective for fiscal year #bjah and each fiscal year thereafter1 #ijj1jjj1jjj of the amounts referred to in subsection 7a7 shall be deposited in the ,treasury of the ,united ,states and credited to the ,land and ,water ,conservation ,fund4 ,these sums shall be available to the ,secretary1 without further appropriation or fiscal year limitation1 for carrying out the purposes of chapter #bjjc of title #ed1 ,united ,states ,code4 7c7 ,historic ,preservation ,fund ,effective for fiscal year #bjah and each fiscal year thereafter1 #aej1jjj1jjj of the amounts referred to in subsection 7a7 shall be deposited in the ,treasury of the ,united ,states and credited to the ,historic ,preservation ,fund4 ,these sums shall be available to the ,secretary1 without further appropriation or fiscal year limitation1 for carrying out the purposes of chapters #cjba through #cjci of title #ed1 ,united ,states ,code4 7d7 ,ocean ,resources ,conservation and ,assistance ,fund ,effective for each fiscal year #bjah and thereafter1 #aj percent of the amounts referred to in subsection 7a7 shall be deposited in the ,treasury of the ,united ,states and credited to the ,ocean ,resources ,conservation and ,assistance ,fund established by section #ejf of the ,sustainable ,energy ,development ,reform ,act4 ,these sums shall be available to the ,secretary1 without further appropriation or fiscal year limitation1 for carrying out the purposes of such section4 7e7 ,savings provision ,nothing in this section shall decrease the amount any ,state shall receive pursuant to section #h7;g7 of this ,act or section #aje of the ,gulf of ,mexico ,energy ,security ,act 7#dc ,u4,s4,c4 #acca note74 4 #eae4 ,exploration plans 7a7 ,limitation on harm from agency exploration ,section #aa7;a77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdj7;a77#a77 is amended by striking unduly harmful to and inserting likely to harm4 7b7 ,exploration plan review ,section #aa7;c77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdj7;c77#a771 is amended-- 7#a7 by inserting 7,a7 before the first sentence2 7#b7 in paragraph 7#a77;,a71 as designated by the amendment made by paragraph 7#a7 of this subsection-- 7,a7 by striking and the provisions of such lease and inserting the provisions of such lease1 and other applicable environmental and natural resource conservation laws2 and 7,b7 by striking the fourth sentence and inserting the following3 7,b7 ,the ,secretary shall approve such plan1 as submitted or modified1 within #ij days after its submission and it is made publicly accessible by the ,secretary1 or within such additional time as the ,secretary determines is necessary to complete any environmental1 safety1 or other reviews1 if the ,secretary determines that-- 7i7 any proposed activity under such plan is not likely to result in any condition described in section #e7;a77#b77;,a77i72 7ii7 the plan complies with other applicable environmental or natural resource conservation laws2 and 7iii7 the applicant has demonstrated the capability and technology to respond immediately and effectively to a worst-case oil spill in real-world conditions in the area of the proposed activity4 2 and 7#c7 by adding at the end the following3 7#e7 ,if the ,secretary requires greater than #ij days to review an exploration plan submitted pursuant to any oil and gas lease issued or maintained under this ,act1 then the ,secretary may provide for a suspension of that lease pursuant to section #e until the review of the exploration plan is completed4 4 7c7 ,requirements ,section #aa7;c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdj7;c77 is amended by amending paragraph 7#c7 to read as follows3 7#c7 ,an exploration plan submitted under this subsection shall include1 in the degree of detail that the ,secretary may by regulation require-- 7,a7 a schedule of anticipated exploration activities to be undertaken2 7,b7 a detailed and accurate description of equipment to be used for such activities1 including-- 7i7 a description of each drilling unit2 7ii7 a statement of the design and condition of major safety-related pieces of equipment1 including independent third-party certification of such equipment2 and 7iii7 a description of any new technology to be used2 7,c7 a map showing the location of each well to be drilled2 7,d7 a scenario for the potential blowout of the well involving the highest potential volume of liquid hydrocarbons1 along with a complete description of a response plan to both control the blowout and manage the accompanying discharge of hydrocarbons1 including the likelihood for surface intervention to stop the blowout1 the availability of a rig to drill a relief well1 an estimate of the time it would take to drill a relief well1 a description of other technology that may be used to regain control of the well or capture escaping hydrocarbons and the potential timeline for using that technology for its intended purpose1 and the strategy1 organization1 and resources necessary to avoid harm to the environment and human health from hydrocarbons2 7,e7 an analysis of the potential impacts of the worst-case-scenario discharge of hydrocarbons on the marine1 coastal1 and human environments for activities conducted pursuant to the proposed exploration plan2 and 7,f7 such other information deemed pertinent by the ,secretary4 4 7d7 ,drilling permits ,section #aa7;d7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdj7;d77 is amended to read as follows3 7d7 ,drilling permits 7#a7 ,in general ,the ,secretary shall1 by regulation1 require that any lessee operating under an approved exploration plan obtain a permit prior to drilling any well in accordance with such plan1 and prior to any significant modification of the well design as originally approved by the ,secretary4 7#b7 ,engineering review required ,the ,secretary may not grant any drilling permit or modification of the permit prior to completion of a full engineering review of the well system1 including a determination that critical safety systems1 including blowout prevention1 will utilize best available technology and that blowout prevention systems will include redundancy and remote triggering capability4 7#c7 ,operator safety and environmental management required ,the ,secretary shall not grant any drilling permit or modification of the permit prior to completion of a safety and environmental management plan to be utilized by the operator during all well operations4 4 7e7 ,exploration permit requirements ,section #aa7;g7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdj7;g77 is amended-- 7#a7 by striking shall be issued and inserting may be issued2 7#b7 by inserting and after consultation with the ,secretary of ,commerce1 after in accordance with regulations issued by the ,secretary2 7#c7 by striking the and at the end of paragraph 7#b72 7#d7 in paragraph 7#c71 by striking will not be unduly harmful to and inserting is not likely to harm2 7#e7 by striking the period at the end of paragraph 7#c7 and inserting a semicolon2 and 7#f7 by adding at the end the following3 7#d7 the exploration will be conducted in accordance with other applicable environmental and natural resource conservation laws2 7#e7 in the case of geophysical surveys1 the applicant shall use the best available technologies and methods to minimize impacts on marine life2 and 7#f7 in the case of drilling operations1 the applicant has available oil spill response and clean-up equipment and technology that has been demonstrated to be capable of effectively remediating a worst-case release of oil4 4 7f7 ,environmental review of plans ,section #aa of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdj7 is amended by adding at the end the following3 7i7 ,environmental review of plans ,the ,secretary shall treat the approval of an exploration plan1 or a significant revision of such a plan1 as an agency action requiring preparation of an environmental assessment or environmental impact statement in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and shall require that such plan be based on the best available technology to ensure safety in carrying out both the drilling of the well and any oil spill response4 7j7 ,disapproval of ,plan 7#a7 ,in general ,the ,secretary shall disapprove an exploration plan if the ,secretary determines1 because of exceptional geological conditions in the lease areas1 exceptional resource values in the marine or coastal environment1 or other exceptional circumstances1 that-- 7,a7 implementation of the plan would probably cause serious harm or damage to life 7including fish and other aquatic life71 to property1 to any mineral deposits 7in areas leased or not leased71 to the national security or defense1 or to the marine1 coastal1 or human environments2 7,b7 the threat of harm or damage will not disappear or decrease to an acceptable extent within a reasonable period of time2 and 7,c7 the advantages of disapproving the plan outweigh the advantages of exploration4 7#b7 ,cancellation of lease for disapproval of plan ,if a plan is disapproved under this subsection1 the ,secretary may cancel such lease in accordance with subsection 7c77#a7 of this section4 4 #eaf4 #e-year programs ,section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 is amended-- 7#a7 in subsection 7a7 in the second sentence by striking meet national energy needs and inserting balance national energy needs and the protection of the marine and coastal environment and all the resources in that environment12 7#b7 in subsection 7a77#a71 by striking considers and inserting gives equal consideration to2 7#c7 in subsection 7a77#b77;,a7-- 7,a7 by striking existing and inserting the best available scientific2 and 7,b7 by inserting 1 including at least three consecutive years of data after information2 7#d7 in subsection 7a77#b77;,d71 by inserting 1 potential and existing sites of renewable energy installations after deepwater ports12 7#e7 in subsection 7a77#b77;,h71 by inserting including the availability of infrastructure to support oil spill response before the period2 7#f7 in subsection 7a77#c71 by-- 7,a7 striking to the maximum extent practicable12 7,b7 striking obtain a proper balance between and inserting minimize2 and 7,c7 striking damage1 and all that follows through the period and inserting damage and adverse impacts on the marine1 coastal1 and human environments1 and enhancing the potential for the discovery of oil and gas42 7#g7 in subsection 7b77#a71 by inserting environmental1 marine1 and energy after obtain2 7#h7 in subsection 7b77#b71 by inserting environmental1 marine1 and after interpret the2 7#i7 in subsection 7b77#c71 by striking and after the semicolon at the end2 7#aj7 by striking the period at the end of subsection 7b77#d7 and inserting a semicolon2 7#aa7 by adding at the end of subsection 7b7 the following3 7#e7 provide technical review and oversight of exploration plans and a systems review of the safety of well designs and other operational decisions2 7#f7 conduct regular and thorough safety reviews and inspections2 and 7#g7 enforce all applicable laws and regulations4 2 7#ab7 in the first sentence of subsection 7c77#a71 by inserting the ,national ,oceanic and ,atmospheric ,administration and after including2 7#ac7 in subsection 7c77#b7-- 7,a7 by inserting after the first sentence the following3 ,the ,secretary shall also submit a copy of such proposed program to the head of each ,federal agency referred to in1 or that otherwise provided suggestions under1 paragraph 7#a742 7,b7 in the third sentence1 by inserting or head of a ,federal agency after such ,governor2 and 7,c7 in the fourth sentence1 by inserting or between the ,secretary and the head of a ,federal agency1 after affected ,state12 7#ad7 in the second sentence of subsection 7d77#b71 by inserting 1 the head of a ,federal agency1 after ,attorney ,general2 7#ae7 in subsection 7g71 by inserting after the first sentence the following3 ,such information may include existing inventories and mapping of marine resources previously undertaken by the ,department of the ,interior and the ,national ,oceanic and ,atmospheric ,administration1 information provided by the ,department of ,defense1 and other available data regarding energy or mineral resource potential1 navigation uses1 fisheries1 aquaculture uses1 recreational uses1 habitat1 conservation1 and military uses on the outer ,continental ,shelf42 and 7#af7 by adding at the end the following3 7i7 ,research and development ,the ,secretary shall carry out a program of research and development to ensure the continued improvement of methodologies for characterizing resources of the outer ,continental ,shelf and conditions that may affect the ability to develop and use those resources in a safe1 sound1 and environmentally responsible manner4 ,such research and development activities may include activities to provide accurate estimates of energy and mineral reserves and potential on the ,outer ,continental ,shelf and any activities that may assist in filling gaps in environmental data needed to develop each leasing program under this section4 4 #eag4 ,environmental studies 7a7 ,information needed for assessment and management of environmental impacts ,section #bj of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdf7 is amended by striking so much as precedes subsection 7a77#b7 and inserting the following3 #bj4 ,environmental studies 7a7 7#a7 ,the ,secretary1 in cooperation with the ,secretary of ,commerce1 shall conduct a study no less than once every three years of any area or region included in any oil and gas lease sale or other lease in order to establish information needed for assessment and management of environmental impacts on the human1 marine1 and coastal environments of the outer ,continental ,shelf and the coastal areas which may be affected by oil and gas or other mineral development in such area or region4 4 7b7 ,impacts of deep water spills ,section #bj of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdf7 is amended by-- 7#a7 redesignating subsections 7c7 through 7f7 as 7d7 through 7g72 and 7#b7 inserting after subsection 7b7 the following3 7c7 ,the ,secretary shall conduct research to identify and reduce data gaps related to impacts of deepwater hydrocarbon spills1 including-- 7#a7 effects to benthic substrate communities and species2 7#b7 water column habitats and species2 7#c7 surface and coastal impacts from spills originating in deep waters2 and 7#d7 the use of dispersants4 4 #eah4 ,inspections and certifications ,section #bb of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdh7 is amended-- 7#a7 by amending subsection 7c7 to read as follows3 7c7 ,inspections ,the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating shall individually1 or jointly if they so agree1 promulgate regulations to provide for-- 7#a7 scheduled onsite inspection1 at least once a year1 of each facility on the outer ,continental ,shelf which is subject to any environmental or safety regulation promulgated pursuant to this ,act1 which inspection shall include all safety equipment designed to prevent or ameliorate blowouts1 fires1 spillages1 or other major accidents2 7#b7 scheduled onsite inspection1 at least once a month1 of each facility on the outer ,continental ,shelf engaged in drilling operations and which is subject to any environmental or safety regulation promulgated pursuant to this ,act1 which inspection shall include all safety equipment designed to prevent or ameliorate blowouts1 fires1 spillages1 or other major accidents2 7#c7 periodic onsite inspection without advance notice to the operator of such facility to assure compliance with such environmental or safety regulations2 and 7#d7 periodic audits of each required safety and environmental management plan1 and any associated safety case1 both with respect to their implementation at each facility on the outer ,continental ,shelf for which such a plan or safety case is required and with respect to onshore management support for activities at such a facility4 2 7#b7 in subsection 7d77#a7-- 7,a7 by striking each major fire and each major oil spillage and inserting each major fire1 each major oil spillage1 each loss of well control1 and any other accident that presented a serious risk to human or environmental safety2 and 7,b7 by inserting before the period at the end the following3 1 as a condition of the lease or permit2 7#c7 in subsection 7d77#b71 by inserting before the period at the end the following3 as a condition of the lease or permit2 7#d7 in subsection 7e71 by adding at the end the following3 ,any such allegation from any employee of the lessee or any subcontractor of the lessee shall be investigated by the ,secretary42 7#e7 in subsection 7b77#a71 by striking recognized and inserting uncontrolled2 and 7#f7 by adding at the end the following3 7g7 ,information on causes and corrective actions ,for any incident investigated under this section1 the ,secretary shall promptly make available to all lessees and the public technical information about the causes and corrective actions taken4 ,all data and reports related to any such incident shall be maintained in a data base available to the public4 7h7 ,operator's annual certification 7#a7 ,the ,secretary1 in cooperation with the ,secretary of the department in which the ,coast ,guard is operating1 shall require all operators of all new and existing drilling and production operations to annually certify that their operations are being conducted in accordance with applicable law and regulations4 7#b7 ,each certification shall include1 but1 not be limited to1 statements that verify the operator has-- 7,a7 examined all well control system equipment 7both surface and subsea7 being used to ensure that it has been properly maintained and is capable of shutting in the well during emergency operations2 7,b7 examined and conducted tests to ensure that the emergency equipment has been function-tested and is capable of addressing emergency situations2 7,c7 reviewed all rig drilling1 casing1 cementing1 well abandonment 7temporary and permanent71 completion1 and workover practices to ensure that well control is not compromised at any point while emergency equipment is installed on the wellhead2 7,d7 reviewed all emergency shutdown and dynamic positioning procedures that interface with emergency well control operations2 and 7,e7 taken the necessary steps to ensure that all personnel involved in well operations are properly trained and capable of performing their tasks under both normal drilling and emergency well control operations4 7i7 ,,ceo annual certification ,operators of all drilling and production operations shall annually submit to the ,secretary a general statement by the operator's chief executive officer that certifies to the operators' compliance with all applicable laws and operating regulations4 7j7 ,third-,party certification ,all operators that modify or upgrade any emergency equipment placed on any operation to prevent blow-outs or other well control events1 shall have an independent third party conduct a detailed physical inspection and design review of such equipment within #cj days of its installation4 ,the independent third party shall certify that the equipment will operate as originally designed and any modifications or upgrades conducted after delivery have not compromised the design1 performance or functionality of the equipment4 ,failure to comply with this subsection shall result in suspension of the lease4 4 #eai4 ,petitions ,section #bc7;c77#c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdi7;c77#c77 is amended by striking sixty and inserting #ij4 ,c ,other ,provisions #eba4 ,contractor liability ,section #bd of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acej7 is amended by adding at the end the following3 7f7 ,liability of contractors ,a person who enters into a contract with a lessee under this ,act to provide goods or services to be used in activities under a lease under this ,act shall be held jointly liable with the lessee for any damages resulting from a violation of this ,act committed by such person in their performance under the contract4 4 #ebb4 ,area-wide leasing ,the ,secretary of the ,interior shall seek to enter into an arrangement with the ,national ,academy of ,sciences to conduct a study to estimate the financial impact of the ,secretary ceasing to offer oil and gas lease sales for the outer ,continental ,shelf under the area-wide system and returning to offering such lease sales under the tract-nomination system4 #ebc4 ,frontier areas ,section #h of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7 is amended by adding at the end the following3 7q7 ,prohibition of oil and gas leasing in arctic planning area of the outer ,continental ,shelf ,notwithstanding any other provision of this ,act or any other law1 the ,secretary of the ,interior shall not issue or renew a lease or any other authorization for the exploration1 development1 or production of oil1 natural gas1 or any other mineral in the ,arctic ,ocean1 including the ,beaufort ,sea and ,chukchi ,sea ,planning ,areas4 4 #ebd4 ,strengthening coastal ,state oil spill planning and response ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cba4 ,strengthening coastal state oil spill planning and response 7a7 ,grants to states ,the ,secretary may make grants to eligible coastal states-- 7#a7 to revise management programs approved under section #cjf 7#af ,u4,s4,c4 #adee7 to identify and implement new enforceable policies and procedures to ensure sufficient response capabilities at the state level to address the environmental1 economic1 and social impacts of oil spills or other accidents resulting from outer ,continental ,shelf energy activities with the potential to affect any land or water use or natural resource of the coastal zone2 7#b7 to review and revise1 where necessary1 applicable enforceable policies and procedures of approved state management programs affecting coastal energy activities to ensure that such policies are consistent with-- 7,a7 other emergency response plans and policies developed under ,federal or ,state law2 and 7,b7 new policies and procedures developed under paragraph 7#a72 and 7#c7 after a ,state has adopted new or revised enforceable policies and procedures under paragraphs 7#a7 and 7#b7-- 7,a7 the ,state shall submit the policies and procedures to the ,secretary2 and 7,b7 the ,secretary shall notify the ,state whether the ,secretary approves or disapproves the incorporation of the policies and procedures into the ,state's management program pursuant to section #cjf7;e74 7b7 ,elements ,new enforceable policies and procedures developed by coastal states with grants awarded under this section shall consider-- 7#a7 other existing emergency response plans1 procedures and enforceable policies developed under other ,federal or ,state law that affect the coastal zone2 7#b7 identification of critical infrastructure essential to facilitate spill or accident response activities2 7#c7 identification of coordination1 logistics1 and communication networks between ,federal and ,state government agencies and between ,state agencies and affected local communities to ensure the efficient and timely dissemination of data and other information2 7#d7 inventories of shore locations and infrastructure and equipment necessary to respond to oil spills or other accidents resulting from outer ,continental ,shelf energy activities2 7#e7 identification and characterization of significant or sensitive marine ecosystems or other areas possessing important conservation1 recreational1 ecological1 historic1 or aesthetic values2 7#f7 inventories and surveys of shore locations and infrastructure capable of supporting alternative energy development2 and 7#g7 other information or actions as may be necessary or as determined by the ,secretary4 7c7 ,guidelines ,the ,secretary shall1 within #ahj days after the date of the enactment of this section and after consultation with the coastal states1 publish guidelines for the application for and use of grants under this section4 7d7 ,participation ,a coastal state shall provide opportunity for public participation in developing new enforceable policies and procedures under this section pursuant to sections #cjf7;d77#a7 and #cjf7;e71 especially by relevant ,federal agencies1 other coastal state agencies1 local governments1 regional organizations1 port authorities1 and other interested parties and stakeholders1 public and private1 that are related to1 or affected by1 outer ,continental ,shelf energy activities4 7e7 ,annual grants 7#a7 ,in general ,for each of fiscal years #bjah through #bjbb1 the ,secretary may make a grant to a coastal state to develop new enforceable polices and procedures as required under this section4 7#b7 ,grant amounts ,the amount of any grant to any one coastal ,state under this section shall not exceed #gej1jjj for any fiscal year4 7#c7 ,grant limitations ,a coastal state-- 7,a7 may not receive more than two grants under this section2 and 7,b7 may not receive more than one grant under this section in a fiscal year4 7#d7 ,no state matching contribution required ,because it is in the national interest to be able to respond efficiently and effectively at all levels of government to oil spills and other accidents resulting from outer ,continental ,shelf energy activities1 a coastal state shall not be required to contribute any portion of the cost of a grant awarded under this section4 7#e7 ,secretarial review and limit on awards ,after an initial grant is made to a coastal state under this section1 no subsequent grant may be made to that coastal state under this section unless the ,secretary finds that the coastal state is satisfactorily developing revisions to address offshore energy impacts4 7f7 ,applicability ,this section shall not be construed to convey any new authority to any coastal state or to repeal or supersede any existing authority of any coastal state to regulate the siting1 licensing1 leasing1 or permitting of energy facilities in areas of the outer ,continental ,shelf under the administration of the ,federal ,government4 ,nothing in this section repeals or supersedes any existing coastal state authority4 7g7 ,assistance by the ,secretary ,the ,secretary1 to the extent practicable1 shall provide technical assistance to the coastal states under section #caj7;a7 for the purpose of revising approved management programs to meet the requirements under this section4 4 #ebe4 ,repeal of limitation on liability for offshore facilities 7a7 ,repeal ,section #ajjd7;a7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgjd7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking the semicolon and inserting 2 and2 7#b7 by striking paragraph 7#c72 and 7#c7 by redesignating paragraph 7#d7 as paragraph 7#c74 7b7 ,conforming amendment ,section #ajjd7;b77#b7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgjd7;b77#b77 is amended by striking the second sentence4 #ebf4 ,evidence of financial responsibility for offshore facilities ,section #ajaf of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgaf7 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,b71 by striking subparagraph 7,a7 is and all that follows through the period at the end and inserting subparagraph 7,a7 is #cjj1jjj1jjj42 and 7,b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,alternate amount 7i7 ,specific facilities 7,i7 ,in general ,if the ,president determines that an amount of financial responsibility for a responsible party that is less than the amount required by subparagraph 7,b7 is justified based on the criteria established under clause 7ii71 the evidence of financial responsibility required shall be for an amount prescribed under such clause by the ,president4 7,,ii7 ,minimum amounts ,in no case shall the evidence of financial responsibility required under this section be less than-- 7aa7 #aje1jjj1jjj for an offshore facility located seaward of the seaward boundary of a ,state2 or 7bb7 #cj1jjj1jjj for an offshore facility located landward of the seaward boundary of a ,state4 7ii7 ,criteria for determination of financial responsibility ,the ,president shall prescribe the amount of financial responsibility required under clause 7i77,i7 based on the following3 7,i7 ,the market capacity of the insurance industry to issue such instruments4 7,,ii7 ,the operational risk of a discharge and the likely effects of that discharge on the environment and the region4 7,,iii7 ,the quantity and location of the oil and gas that is explored for1 drilled for1 produced by1 or transported by the responsible party4 7,,iv7 ,the asset value of the owner of the offshore facility1 including the combined asset value of all partners that own the facility4 7,v7 ,the cost of all removal costs and damages for which the responsible party may be liable under this ,act based on a worst-case-scenario4 7,,vi7 ,the safety history of the owner of the offshore facility4 7,,vii7 ,any other factors that the ,president considers appropriate4 7iii7 ,adjustment for all offshore facilities 7,i7 ,in general ,not later than #c years after the date of enactment of the ,sustainable ,energy ,development ,reform ,act1 and at least once every #c years thereafter1 the ,president shall review the levels of financial responsibility specified in this subsection and the limit on liability specified in subsection 7f77#d7 and may by regulation revise such levels and limit upward to the levels and limit that the ,president determines are justified4 7,,ii7 ,notice to ,congress ,upon completion of a review specified in subclause 7,i71 the ,president shall notify ,congress as to whether the ,president will revise the levels of financial responsibility and limit on liability referred to in subclause 7,i7 and the factors used in making such determination4 7,,iii7 ,specific adjustments ,not less frequently than every #c years1 the ,president shall review the amount of financial responsibility required of a responsible party under this subsection and revise that amount1 in accordance with this subsection1 as necessary based on the relative operational1 environmental1 and other risks posed by the quantity1 quality1 or location of oil that is explored for1 drilled for1 produced by1 or transported by the responsible party at the time of the review4 2 7#b7 in subsection 7e7 by striking self-insurer1 and inserting self-insurer1 participation in cooperative arrangements such as pooling or joint insurance12 and 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by striking ,subject and inserting ,except as provided in paragraph 7#d7 and subject2 and 7,b7 by adding at the end the following3 7#d7 ,maximum liability ,the maximum liability of a guarantor of an offshore facility under this subsection is #cjj1jjj1jjj4 4 ,,vi ,coal ,reforms #fja4 ,powder ,river ,basin 7a7 ,designation ,the ,secretary of the ,interior shall designate the ,powder ,river ,coal ,production ,region1 as such region is described in ,identification of ,coal ,production ,regions ,having ,major ,federal ,coal ,interests 7#dd ,fed4 ,reg4 #bai 7,november #i1 #aigi771 as a coal production region under section #cdjj4e of title #dc1 ,code of ,federal ,regulations 7or any successor regulation74 7b7 ,lease requirement ,the ,secretary shall offer lease sales for the ,powder ,river ,coal ,production ,region1 as designated by subsection 7a71 in a manner that maximizes competition4 #fjb4 ,deductions ,section #g of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjg7 is amended by adding at the end the following3 7d7 ,royalty payment reduction ,the ,secretary may not determine a lesser amount of royalty than the amount in subsection 7a7 for washed coal4 4 #fjc4 ,valuation 7a7 ,loophole ,section #g of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bjg71 as amended by section #fjb1 is further amended by adding at the end the following3 7e7 ,valuation of coal 7#a7 ,in general ,the value of coal for purposes of calculating the required royalty payment under subsection 7a7 is the gross proceeds accruing to the lessee or the lessee's affiliate under the first arm's-length contract for sale of the coal if-- 7,a7 the lessee or the lessee's affiliate sells the coal under an arm's-length contract2 or 7,b7 the lessee or the lessee's affiliate sells the coal to a person under a non-arm's-length contract who then sells the coal under an arm's-length contract4 7#b7 ,definition of arm's-length contract ,in this subsection1 the term arm's-length contract means a contract or agreement between independent persons who are not affiliates and who have opposing economic interests regarding that contract4 4 7b7 ,study ,the ,secretary of the ,interior shall enter into an agreement with the ,national ,academy of ,sciences to conduct a study to determine the most equitable method for valuation of coal produced on ,federal lands for purposes of ,federal coal leases4 #fjd4 ,methane recovery ,section #b of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bja7 is amended-- 7#a7 in subsection 7a77#a71 by inserting and subject to subsection 7e77#f71 after deems appropriate12 and 7#b7 by adding at the end the following3 7e7 ,notwithstanding any other provision of law1 any ,federal coal lease issued under this section and any modification of an existing coal lease issued under this section shall include terms that establish the following3 7#a7 ,coal mine methane released in conjunction with mining activities shall be deemed to be included within the scope of the coal lease if the ,united ,states owns both the coal and gas resources4 7#b7 ,except as provided in paragraph 7#d71 any coal lease issued on lands for which the ,united ,states owns both the coal and gas resources shall include a requirement that the lessee recover the coal mine methane associated with the leased coal resources to the maximum feasible extent1 taking into account the economics of both the mining and methane-capture operations4 7#c7 ,before the issuance of a lease for recovery of coal by deep mining operations1 the ,secretary shall require an analysis to determine the extent to which coal mine methane can be economically captured and either put to productive use or flared4 ,the cost of the analysis shall be paid by the lessee and carried out by a person chosen by the ,secretary with professional qualifications in the capture of coal mine methane and without financial or other economic ties to the lessee4 7#d7 ,if the ,secretary determines that recovery or flaring of coal mine methane under a lease is not economically feasible in accordance with paragraph 7#b71 or cannot be carried out in a manner that assures the protection of mine workers1 coal mining under such lease may proceed without requiring recovery or flaring of the coal mine methane4 7#e7 ,any coal lease that involves federally owned coal and nonfederally owned gas resources shall require the coal operator to make a reasonable effort to negotiate an arrangement with the gas owner in advance of conducting any mining operations4 ,if the coal lessee and gas owner are unable to arrange for the joint development of the coal and coal mine methane1 and if the joint development of those resources is economically feasible1 the ,secretary may seek a court order to allow coal mining and methane capture to proceed by the coal lessee1 subject to a reasonable division of the proceeds from the sale of the coal and methane resources4 7#f7 ,any assessment of fair market value required by subsection 7a77#a7 shall include the value of any ,federal coal mine methane that is associated with ,federal coal resources and subject to capture and use under this section4 7#g7 ,any ,federal coal mine methane that is captured and used or sold pursuant to a ,federal coal lease shall be subject to a royalty of not less than #ah4ge percent4 4 #fje4 ,self-bonding ,section #eji of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abei7 is amended-- 7#a7 by striking subsection 7c72 and 7#b7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively4 #fjf4 ,stream protection 7a7 ,addition of stream buffer ,title ,v of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abea et seq47 is amended by adding at the end the following3 #ecj4 ,limitations on surface or underground coal mining activity 7a7 ,in general ,surface or underground coal mining operations shall not be conducted if-- 7#a7 such activity would disturb the surface of land within #ajj feet of a perennial or intermittent stream1 unless the ,secretary has authorized such activity to be conducted based on a finding that such disturbance-- 7,a7 will not cause or contribute to the violation of applicable ,state or ,federal water quality standards2 and 7,b7 will not adversely affect the water quantity1 water quality1 or other environmental resources of the stream or downstream waters2 or 7#b7 the ,secretary determines that such activity will-- 7,a7 cause or contribute to the violation of applicable ,state or ,federal water quality standards2 or 7,b7 adversely affect the water quantity or quality or other environmental resources of the stream4 7b7 ,measurement of distance ,the #ajj-;foot distance referred to in subsection 7a77#a7 shall be measured horizontally on a line perpendicular to the stream1 beginning at the ordinary high water mark4 7c7 ,definition of perennial or intermittent stream ,in this section1 the term perennial or intermittent stream means a stream or part of a stream that-- 7#a7 has flowing water during periods when groundwater provides water for streamflow1 but may not have flowing water during other periods2 and 7#b7 has channels that display both a bed-and-bank configuration and an ordinary high water mark4 4 7b7 ,directed rulemaking ,the ,secretary shall issue regulations under the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq471 including the amendment to such ,act made by subsection 7a71 to-- 7#a7 define material damage to the hydrologic balance outside the permit area under section #eaj7;a77b77#c7 of such ,act 7#cj ,u4,s4,c4 #abfj 7a77b77#c77 and require that each permit specify the point at which adverse mining-related impacts on groundwater and surface water would reach that level of damage2 7#b7 ensure collection of adequate premining data about the site of a proposed mining operation and adjacent areas to establish an adequate baseline for evaluation of the impacts of mining and the effectiveness of reclamation2 7#c7 adjust monitoring requirements to enable timely detection and correction of any adverse trends in the quality or quantity of surface water and groundwater or the biological condition of streams2 7#d7 ensure protection or restoration of perennial and intermittent streams and related resources2 7#e7 ensure that permittees and regulatory authorities make use of advances in science and technology2 7#f7 ensure that land disturbed by mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining2 and 7#g7 update and codify the requirements and procedures for protection of threatened or endangered species and designated critical habitat4 #fjg4 ,certified ,states ,section #daa7;b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abdj;a7 is amended-- 7#a7 by striking ,if the ,secretary and inserting the following3 7#a7 ,in general ,subject to paragraph 7#b71 if the ,secretary 2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and moving such subparagraphs #b ems to the right2 and 7#c7 by adding at the end the following3 7#b7 ,office approval ,a ,state may not undertake a noncoal mine reclamation project under this title on lands1 waters1 or facilities determined by the ,secretary to be eligible under paragraph 7#a7 unless-- 7,a7 the ,state demonstrates to the ,office's satisfaction that the noncoal mine poses a more extreme danger to public health1 safety1 property1 or the environment than any abandoned coal mine in the ,state2 and 7,b7 the ,state has received approval from the ,office to undertake such noncoal mine reclamation project4 7#c7 ,public listing of noncoal projects ,the ,office shall maintain a public listing on the website of the ,office of the noncoal mine reclamation projects undertaken by each ,state under this subsection4 4 #fjh4 ,economic redevelopment on abandoned mine lands 7a7 ,economic revitalization for coal country 7#a7 ,in general ,title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq47 is amended by adding at the end the following3 #dae4 ,abandoned mine land economic revitalization 7a7 ,definition of committed ,in this section3 7#a7 ,in general ,the term committed means that a ,state or ,indian tribe receiving funds under this section has executed a project agreement with an applicant for the funds4 7#b7 ,inclusion ,the term committed includes1 with respect to a project agreement1 any amount used for project planning under subsection 7g74 7b7 ,authorization ,of the amounts deposited in the fund under section #dja7;b7 before ,october #a1 #bjjg1 and not otherwise appropriated1 #bjj1jjj1jjj shall be available to the ,secretary1 without further appropriation1 for each of fiscal years #bjah through #bjbb for distribution to ,states and ,indian tribes in accordance with this section for the purpose of promoting economic revitalization1 diversification1 and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before ,august #c1 #aigg4 7c7 ,use of funds ,funds distributed to a ,state or ,indian tribe under subsection 7d7 shall be used only for those projects that meet the following criteria3 7#a7 ,related to the reclamation of abandoned mine land and waters ,the project is designed-- 7,a7 to achieve one or more of the priorities stated in section #djc7;a72 or 7,b7 to be conducted on land adjacent to eligible land and waters described in section #djc7;a7 that has previously been remediated or will be remediated under this section4 7#b7 ,contribution to future economic or community development 7,a7 ,in general ,the project is reasonably likely to create favorable conditions1 as demonstrated in accordance with subparagraph 7,b71 for the economic development of the project site or promote the general welfare through economic and community development of the area in which the project is conducted4 7,b7 ,demonstration of conditions ,the conditions referred to in subparagraph 7,a7 may be demonstrated by any documentation-- 7i7 of the role of the project in the economic development strategy or other economic and community development planning process of the applicable area2 7ii7 of the planned economic and community use of the project site after the primary reclamation activities are completed1 which may include contracts1 agreements in principle1 or other evidence that1 once reclaimed1 the site is reasonably anticipated to be used for one or more industrial1 commercial1 residential1 agricultural1 or recreational purposes2 or 7iii7 agreed to by the ,state or ,indian tribe that demonstrates the project will meet the criteria set forth in this subsection4 7#c7 ,location in community affected by recent decline in mining ,the project will be conducted in a community-- 7,a7 that has been adversely affected economically by a reduction in coal mining-related activity over the preceding #e years1 as demonstrated by employment data1 per capita income1 or other indicators of reduced economic activity attributable to the reduction2 or 7,b7 7i7 that has traditionally relied on coal mining for a substantial portion of the economy of the community2 and 7ii7 in which the economic contribution of coal mining has significantly declined4 7#d7 ,stakeholder collaboration ,the project has been-- 7,a7 the subject of project planning under subsection 7g72 and 7,b7 the focus of collaboration1 including partnerships1 as appropriate1 with interested persons or local organizations4 7#e7 ,eligible applicants ,the project has been proposed and will be executed by entities of ,state1 local1 county1 or tribal government1 which may include subcontracting project-related activities1 as appropriate4 7d7 ,distribution of funds 7#a7 ,uncertified ,states 7,a7 ,in general ,of the amount made available under subsection 7b71 the ,secretary shall distribute #aie1jjj1jjj for each of fiscal years #bjah through #bjbb to ,states and ,indian tribes that have a ,state program approved under section #dje or are referred to in section #djb7;g77#h77;,b71 and have not made a certification under section #daa7;a7 in which the ,secretary has concurred1 as follows3 7i7 ,fiscal years #bjah and #bjai ,for each of fiscal years #bjah and #bjai1 the ,secretary shall allocate to each ,state and ,indian tribe the funds through a formula based on the quantity of coal historically produced in each ,state or from the land of each ,indian tribe before ,august #c1 #aigg4 7ii7 ,fiscal years #bjbj through #bjbb ,for each of fiscal years #bjbj through #bjbb1 the ,secretary shall allocate to each ,state and ,indian tribe-- 7,i7 the amount allocated to the ,state or ,indian tribe for fiscal year #bjah1 plus any amount reallocated to the ,state or ,indian tribe under this paragraph1 if the ,state or ,indian tribe has committed the full amount of the allocation of the ,state or ,indian tribe for the preceding fiscal year to eligible projects2 or 7,,ii7 if the ,state or ,indian tribe has not committed the full amount of the allocation of the ,state or ,indian tribe for the preceding fiscal year to eligible projects1 an amount equal to the lesser of-- 7aa7 the amount the ,state or ,indian tribe has committed to eligible projects from the allocation of the ,state or ,indian tribe for the preceding fiscal year2 and 7bb7 the amount allocated to the ,state or ,indian tribe for fiscal year #bjah4 7iii7 ,fiscal year #bjbc ,for fiscal year #bjbc1 the ,secretary shall allocate to each ,state and ,indian tribe the amount reallocated to the ,state or ,indian tribe under subparagraph 7,b71 if the ,state or ,indian tribe has committed the full amount of the allocation of the ,state or ,indian tribe for fiscal year #bjbb to eligible projects4 7,b7 ,reallocation of uncommitted funds 7i7 ,fiscal year #bjbj through #bjbb ,for each of fiscal years #bjbj through #bjbb1 the ,secretary shall reallocate in accordance with clause 7iii7 any amount available for distribution under this subsection that has not been committed to eligible projects in the preceding #b fiscal years1 among the ,states and ,indian tribes that have committed to eligible projects the full amount of the annual allocation of the ,state or ,indian tribe for the preceding fiscal year as described in clause 7iii74 7ii7 ,fiscal year #bjbc ,for fiscal year #bjbc1 the ,secretary shall reallocate in accordance with clause 7iii7 any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under subparagraph 7,a77iii71 among the ,states and ,indian tribes that have committed to eligible projects the full amount of the annual allocation of the ,state or ,indian tribe for fiscal year #bjbb4 7iii7 ,amount of reallocation ,the amount reallocated to each ,state and ,indian tribe under each of clauses 7i7 and 7ii7 shall be determined by the ,secretary to reflect1 to the extent practicable-- 7,i7 the proportion of unreclaimed eligible land and waters the ,state or ,indian tribe has in the inventory maintained under section #djc7;c72 and 7,,ii7 the proportion of coal mining employment loss incurred in the ,state or ,indian land1 respectively1 as determined by the ,mine ,safety and ,health ,administration1 over the #e-year period preceding the fiscal year for which the reallocation is made4 7,c7 ,supplemental funds ,funds distributed under this subsection-- 7i7 shall be in addition to1 and shall not affect1 the amount of funds distributed to ,states and ,indian tribes under section #dja7;f72 and 7ii7 shall not reduce any funds distributed to a ,state or ,indian tribe by reason of the application of section #djb7;g77#h74 7#b7 ,additional funding to certain ,states and ,indian tribes 7,a7 ,eligibility ,of the amount made available under subsection 7b71 the ,secretary shall distribute #e1jjj1jjj for each of the #e fiscal years beginning in fiscal year #bjah to ,states and ,indian tribes that-- 7i7 have a ,state program approved under section #dje2 and 7ii7 7,i7 have made a certification under section #daa7;a7 in which the ,secretary has concurred2 or 7,,ii7 receive an allocation by reason of the application of section #djb7;g77#h77;,a74 7,b7 ,application for funds 7i7 ,in general ,using the process described in section #dje7;f71 any ,state or ,indian tribe described in subparagraph 7,a7 may submit a grant application to the ,secretary for funds under this paragraph4 7ii7 ,review ,the ,secretary shall review each grant application to confirm that the projects identified in the application for funding are eligible under subsection 7c74 7,c7 ,distribution of funds ,the amount of funds distributed to each ,state and ,indian tribe under this paragraph shall be determined by the ,secretary based on the demonstrated need for the funding to accomplish the purposes of this section4 7e7 ,resolution of concerns of ,secretary2 congressional notification ,if the ,secretary does not agree with a ,state or ,indian tribe that a proposed project meets the criteria set forth in subsection 7c7-- 7#a7 the ,secretary and the ,state or ,indian tribe shall meet and confer for a period of not less than #cj days to resolve the concerns of the ,secretary2 7#b7 during that period1 the ,secretary may consult with any appropriate ,federal agency1 such as the ,appalachian ,regional ,commission1 the ,economic ,development ,administration1 and the ,bureau of ,indian ,affairs1 to assist with the resolution of the concerns2 and 7#c7 at the end of that period1 if the concerns of the ,secretary are not resolved1 the ,secretary shall provide to ,congress an explanation of the concerns4 7f7 ,acid mine drainage treatment 7#a7 ,in general ,subject to paragraph 7#c71 a ,state or ,indian tribe that receives funds under this section may retain such portion of the funds as is necessary to supplement the acid mine drainage abatement and treatment fund of the ,state or ,indian tribe established under section #djb7;g77#f77;,a71 for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section4 7#b7 ,application ,a ,state or ,indian tribe shall specify the total funds allotted for costs described in paragraph 7#a7 in the application of the ,state or ,indian tribe submitted under subsection 7d77#b77;,b74 7#c7 ,condition ,a ,state or ,indian tribe may retain and use funds under this subsection only if the ,state or ,indian tribe demonstrates that the annual grant distributed to the ,state or ,indian tribe pursuant to section #dja7;f71 including any interest from the acid mine drainage abatement and treatment fund of the ,state or ,indian tribe that is not used for the operation or maintenance of preexisting acid mine drainage treatment systems1 is insufficient to fund the operation and maintenance of any acid mine drainage treatment system associated with an individual project funded under this section4 7g7 ,project planning and administration 7#a7 ,states and ,indian tribes 7,a7 ,in general ,a ,state or ,indian tribe may use up to #aj percent of the amounts distributed to the ,state or ,indian tribe under this section for project planning and the costs of administering this section4 7,b7 ,planning requirements ,planning under this paragraph may include-- 7i7 identification of eligible projects2 7ii7 updating the inventory referred to in section #djc7;c72 7iii7 developing project designs2 7iv7 preparing cost estimates2 or 7v7 engaging in other similar activities necessary to facilitate reclamation activities under this section4 7#b7 ,secretary ,in addition to amounts available for distribution under subsection 7b71 the ,secretary may expend1 without further appropriation1 not more than #c1jjj1jjj for the #e fiscal years beginning after the date of enactment of this section for staffing and other administrative expenses necessary to carry out this section4 7h7 ,report to ,congress ,each ,state and ,indian tribe to which funds are distributed under this section shall provide to ,congress and the ,secretary at the end of each fiscal year for which the funds are distributed a detailed report on-- 7#a7 the various projects that have been undertaken with the funds2 and 7#b7 the community and economic benefits that are resulting1 or are expected to result1 from the use of the funds4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 prec4 #abja7 is amended by adding at the end of the items relating to title ,,iv the following3 ,sec4 #dae4 ,abandoned mine land economic revitalization4 4 7b7 ,technical and conforming amendments 7#a7 ,abandoned ,mine ,reclamation ,fund and purposes ,section #dja of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7 is amended-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#aj71 by striking and at the end2 7ii7 by redesignating paragraph 7#aa7 as paragraph 7#ab72 and 7iii7 by inserting after paragraph 7#aj7 the following3 7#aa7 to implement section #dae2 and 2 and 7,b7 in subsection 7d77#c71 by inserting and section #dae7;b7 before the period at the end4 7#b7 ,reclamation fee ,section #djb7;g7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;g77 is amended-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting and section #dae after subsection 7h72 and 7,b7 in paragraph 7#c71 by adding at the end the following3 7,f7 ,for the purpose of section #dae7;b77#b77;,a74 4 7#c7 ,objectives of ,fund ,section #djc7;c7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc7;c77 is amended-- 7,a7 in the first sentence-- 7i7 by striking ,for and inserting the following3 7#a7 ,in general ,for 2 7ii7 by inserting any of after which meet2 and 7iii7 by striking paragraphs 7#a7 and 7#b7 of2 7,b7 in the second sentence-- 7i7 by striking ,under and inserting the following3 7#b7 ,amendments 7,a7 ,in general ,under 2 and 7ii7 by inserting after subparagraph 7,a7 7as so designated7 the following3 7,b7 ,advanced technologies ,as practicable1 ,states and ,indian tribes shall offer amendments described in subparagraph 7,a7 based on the use of remote sensing1 global positioning systems1 and other advanced technologies4 2 7,c7 by striking ,the ,secretary shall provide and inserting the following3 7#c7 ,assistance ,the ,secretary shall provide 2 7,d7 by striking ,the ,secretary shall compile and inserting the following3 7#d7 ,inventory 7,a7 ,in general ,the ,secretary shall compile 2 7,e7 in the last sentence by striking ,on and inserting the following3 7,b7 ,projects ,on 2 and 7,f7 by adding at the end the following3 7,c7 ,updates ,the ,secretary may perform any work necessary to amend any entry in the inventory that has not been updated by a ,state or ,indian tribe within the preceding #c years to ensure that the entry is up-to-date and accurate4 4 #fji4 ,prohibition on blasting within one mile of any occupied dwelling ,section #eae7;b77#ae7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#dc ,u4,s4,c4 #abfe7;,b77#ae77 is amended by adding 2 and at the end of subparagraph 7,e71 and by adding at the end the following3 7,f7 prohibit blasting-- 7i7 within one mile of any occupied dwelling1 unless such prohibition is waived by the owner thereof1 and 7ii7 within one mile of any public building1 school1 church1 community1 institutional building1 or public park4 4 #faj4 ,coal ,miners ,pension ,protection 7a7 ,in general ,subsection 7i7 of section #djb of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb71 as amended by the ,further ,continuing and ,security ,assistance ,appropriations ,act1 #bjag1 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,additional amounts 7,a7 ,calculation ,if the dollar limitation specified in paragraph 7#c77;,a7 exceeds the aggregate amount required to be transferred under paragraphs 7#a7 and 7#b7 for a fiscal year1 the ,secretary of the ,treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the #aigd ,,umwa ,pension ,plan to pay benefits required under that plan4 7,b7 ,cessation of transfers ,the transfers described in subparagraph 7,a7 shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage 7as defined in section #dcb7;i77#b7 of the ,internal ,revenue ,code of #aihf7 of the #aigd ,,umwa ,pension ,plan is at least #ajj percent4 7,c7 ,prohibition on benefit increases1 etc ,during a fiscal year in which the #aigd ,,umwa ,pension ,plan is receiving transfers under subparagraph 7,a71 no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits1 any change in the accrual of benefits1 or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part ,i of subchapter ,d of chapter #a of the ,internal ,revenue ,code of #aihf4 7,d7 ,treatment of transfers for purposes of withdrawal liability under ,,erisa ,the amount of any transfer made under subparagraph 7,a7 7and any earnings attributable thereto7 shall be disregarded in determining the unfunded vested benefits of the #aigd ,,umwa ,pension ,plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer's withdrawal liability under section #dbja of the ,employee ,retirement ,income ,security ,act of #aigd4 7,e7 ,requirement to maintain contribution rate ,a transfer under subparagraph 7,a7 shall not be made for a fiscal year unless the persons that are obligated to contribute to the #aigd ,,umwa ,pension ,plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is #cj days before the date of enactment of the ,sustainable ,energy ,development ,reform ,act4 7,f7 ,enhanced annual reporting 7i7 ,in general ,not later than the #ijth day of each plan year beginning after the date of enactment of the ,sustainable ,energy ,development ,reform ,act1 the trustees of the #aigd ,,umwa ,pension ,plan shall file with the ,secretary of the ,treasury or the ,secretary's delegate and the ,pension ,benefit ,guaranty ,corporation a report 7including appropriate documentation and actuarial certifications from the plan actuary1 as required by the ,secretary of the ,treasury or the ,secretary's delegate7 that contains-- 7,i7 whether the plan is in endangered or critical status under section #cje of the ,employee ,retirement ,income ,security ,act of #aigd and section #dcb of the ,internal ,revenue ,code of #aihf as of the first day of such plan year2 7,,ii7 the funded percentage 7as defined in section #dcb7;i77#b7 of such ,code7 as of the first day of such plan year1 and the underlying actuarial value of assets and liabilities taken into account in determining such percentage2 7,,iii7 the market value of the assets of the plan as of the last day of the plan year preceding such plan year2 7,,iv7 the total value of all contributions made during the plan year preceding such plan year2 7,v7 the total value of all benefits paid during the plan year preceding such plan year2 7,,vi7 cash flow projections for such plan year and either the #f or #aj succeeding plan years1 at the election of the trustees1 and the assumptions relied upon in making such projections2 7,,vii7 funding standard account projections for such plan year and the #i succeeding plan years1 and the assumptions relied upon in making such projections2 7,,viii7 the total value of all investment gains or losses during the plan year preceding such plan year2 7,,ix7 any significant reduction in the number of active participants during the plan year preceding such plan year1 and the reason for such reduction2 7,x7 a list of employers that withdrew from the plan in the plan year preceding such plan year1 and the resulting reduction in contributions2 7,,xi7 a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and1 for each employer1 a total assessment of the withdrawal liability paid1 the annual payment amount1 and the number of years remaining in the payment schedule with respect to such withdrawal liability2 7,,xii7 any material changes to benefits1 accrual rates1 or contribution rates during the plan year preceding such plan year2 7,,xiii7 any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan2 7,,xiv7 details regarding any funding improvement plan or rehabilitation plan and updates to such plan2 7,,xv7 the number of participants and beneficiaries during the plan year preceding such plan year who are active participants1 the number of participants and beneficiaries in pay status1 and the number of terminated vested participants and beneficiaries2 7,,xvi7 the information contained on the most recent annual funding notice submitted by the plan under section #aja7;f7 of the ,employee ,retirement ,income ,security ,act of #aigd2 7,,xvii7 the information contained on the most recent ,department of ,labor ,form #eejj of the plan2 and 7,,xviii7 copies of the plan document and amendments1 other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans1 a breakdown of administrative expenses of the plan1 participant census data and distribution of benefits1 the most recent actuarial valuation report as of the plan year1 copies of collective bargaining agreements1 and financial reports1 and such other information as the ,secretary of the ,treasury or the ,secretary's delegate1 in consultation with the ,secretary of ,labor and the ,director of the ,pension ,benefit ,guaranty ,corporation1 may require4 7ii7 ,electronic submission ,the report required under clause 7i7 shall be submitted electronically4 7iii7 ,information sharing ,the ,secretary of the ,treasury or the ,secretary's delegate shall share the information in the report under clause 7i7 with the ,secretary of ,labor4 7iv7 ,penalty ,any failure to file the report required under clause 7i7 on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section #fjeh7;a7 of the ,internal ,revenue ,code of #aihf1 except that section #ffeb7;e7 of such ,code shall be applied with respect to any such failure by substituting #ajj for #be4 ,the preceding sentence shall not apply if the ,secretary of the ,treasury or the ,secretary's delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report4 7,g7 #aigd ,,umwa ,pension ,plan defined ,for purposes of this paragraph1 the term #aigd ,,umwa ,pension ,plan has the meaning given the term in section #igja7;a77#c7 of the ,internal ,revenue ,code of #aihf1 but without regard to the limitation on participation to individuals who retired in #aigf and thereafter4 4 7b7 ,customs user fees 7#a7 ,in general ,section #acjca7;j77#c77;,a7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7j77#c77;,a771 as amended by section #aje7;a7 of the ,health ,benefits for ,miners ,act of #bjag1 is amended by striking ,january #ad1 #bjbf and inserting ,may #ac1 #bjbf4 7#b7 ,rate for merchandise processing fees ,section #ejc of the ,united ,states-,korea ,free ,trade ,agreement ,implementation ,act 7,public ,law #aab-da2 #ai ,u4,s4,c4 #chje note71 as amended by section #aje7;b7 of the ,health ,benefits for ,miners ,act of #bjag1 is amended by striking ,january #ad1 #bjbf and inserting ,may #ac1 #bjbf4 ,,vii ,land ,management and ,science #gja4 ,,anwr 7a7 ,inclusion of ,arctic ,coastal ,plain ,in furtherance of the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 an area within the ,arctic ,national ,wildlife ,refuge in the ,state of ,alaska comprising approximately #a1eei1ech acres1 as generally depicted on a map entitled ,arctic ,national ,wildlife ,refuge--#ajjb ,area ,alternative ,e--,wilderness ,designation and dated ,october #bh1 #aiia1 is hereby designated as wilderness and1 therefore1 as a component of the ,national ,wilderness ,preservation ,system4 7b7 ,availability of map ,the map referred to in subsection 7a7 shall be available for inspection in the appropriate office of the ,secretary of the ,interior4 7c7 ,administration ,the ,secretary of the ,interior shall administer the area designated as wilderness by subsection 7a7 in accordance with the ,wilderness ,act as part of the wilderness area already in existence within the ,arctic ,national ,wildlife ,refuge as of the date of the enactment of this ,act4 #gjb4 ,land management standard ,section #cjb7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcb7;b77 is amended in the last sentence by inserting degradation after unnecessary4 #gjc4 ,geological and geophysical data ,section #cea7k7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7k77 is amended by striking #bjjf through #bjaj and inserting #bjah through #bjbb4 #gjd4 ,land and ,water ,conservation ,fund 7a7 ,in general ,section #bjjcjb of title #ed1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,during the period ending ,september #cj1 #bjah1 there and inserting ,there2 and 7#b7 in subsection 7c77#a71 by striking through ,september #cj1 #bjah4 7b7 ,public access ,section #bjjcjf of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,public access ,for each fiscal year1 not less than #a4e percent of amounts made available for expenditure in such fiscal year under section #bjjcjc1 or #aj1jjj1jjj1 whichever is greater1 shall be used for projects that secure recreational public access to existing ,federal public land for hunting1 fishing1 and other recreational purposes4 4 7c7 ,parity for territories and the ,district of ,columbia ,section #bjjcje7;b7 of title #ed1 ,united ,states ,code1 is amended by striking paragraph 7#e74 #gje4 ,mitigation ,the provisions of the order of the ,secretary of the ,interior numbered #ccdi and dated ,march #bi1 #bjag 7relating to ,american energy independence7 that revoke the order of the ,secretary numbered #cccj and dated ,october #ca1 #bjac 7relating to improving mitigation policies and practices of the ,department of the ,interior7 shall have no force or effect1 and the order of the ,secretary numbered #cccj shall apply as published on ,october #ca1 #bjac4