,i #aagth ,,congress #ast ,session ,h4 ,r4 #dccd ,,in ,,the ,,house ,,of ,,representatives ,july #a1 #bjba ,mr4 ,scalise 7for himself and ,mr4 ,westerman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on the ,budget1 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 empower ,states to manage the development and production of oil and gas on available ,federal land1 to distribute revenues from oil and gas leasing on the ,outer ,continental ,shelf to certain coastal ,states1 to promote alternative energy development1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,energy ,first ,act4 7b7 ,table of contents ,the table of contents for this ,act is the following3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,onshore ,oil and ,gas ,sec4 #aja4 ,cooperative federalism in oil and gas permitting on available ,federal land4 ,sec4 #ajb4 ,conveyance to certain ,states of property interest in ,state share of royalties and other payments4 ,sec4 #ajc4 ,access to ,federal oil and gas from non-,federal surface estate4 ,sec4 #ajd4 ,exemption of certain payments from sequestration4 ,sec4 #aje4 ,state and ,tribal authority for hydraulic fracturing regulation4 ,sec4 #ajf4 ,protested lease sales4 ,sec4 #ajg4 ,clarification regarding liability under ,migratory ,bird ,treaty ,act4 ,sec4 #ajh4 ,amendments to the ,energy ,policy ,act of #bjje4 ,sec4 #aji4 ,administrative protest process reform4 ,sec4 #aaj4 ,notifications of permit to drill4 ,title ,,ii--,offshore ,oil and ,gas ,sec4 #bja4 ,limitation of authority of the ,president to withdraw areas of the ,outer ,continental ,shelf from oil and gas leasing4 ,sec4 #bjb4 ,disposition of revenue from oil and gas leasing on the ,outer ,continental ,shelf to ,atlantic ,states and ,alaska4 ,sec4 #bjc4 ,gulf of ,mexico ,outer ,continental ,shelf revenue4 ,sec4 #bjd4 ,addressing permits for taking of marine mammals4 ,sec4 #bje4 ,energy development in the ,eastern ,gulf of ,mexico4 ,sec4 #bjf4 ,annual lease sales in ,gulf of ,mexico region4 ,title ,,iii--,alternative ,energy ,sec4 #cja4 ,geothermal1 solar1 and wind leasing priority areas4 ,sec4 #cjb4 ,geothermal production on ,federal lands4 ,sec4 #cjc4 ,application of ,outer ,continental ,shelf ,lands ,act with respect to territories of the ,united ,states4 ,sec4 #cjd4 ,disposition of revenues with respect to territories of the ,united ,states4 ,sec4 #cje4 ,wind lease sales for areas of ,outer ,continental ,shelf4 ,sec4 #cjf4 ,establishment of ,coral ,reef ,conservation ,fund4 ,sec4 #cjg4 ,parity in offshore wind revenue sharing4 ,sec4 #cjh4 ,energy and environmental remediation demonstration project for biochar4 ,title ,,iv--,limitations on ,leasing ,moratoriums ,sec4 #dja4 ,coal leases4 ,sec4 #djb4 ,congressional authority requirement4 ,sec4 #djc4 ,prohibition on moratoria of new energy leases on certain ,federal land and on withdrawal of ,federal land from energy development4 ,i ,onshore ,oil and ,gas #aja4 ,cooperative federalism in oil and gas permitting on available ,federal land 7a7 ,in general ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended-- 7#a7 by redesignating section #dd as section #dg2 and 7#b7 by adding after section #dc the following new section3 #dd4 ,cooperative federalism in oil and gas permitting on available ,federal land 7a7 ,authorizations 7#a7 ,in general ,upon receipt of an application under subsection 7b71 the ,secretary may delegate to a ,state exclusive authority-- 7,a7 to issue an ,application for ,permit to ,drill on available ,federal land2 or 7,b7 to approve drilling plans on available ,federal land4 7#b7 ,sundry notices ,any authorization under paragraph 7#a7 may1 upon the request of the ,state1 include authority to process sundry notices4 7#c7 ,inspection and enforcement ,any authorization under paragraph 7#a7 may1 upon the request of the ,state1 include authorization to inspect and enforce an ,application for ,permit to ,drill or drilling plan1 as applicable4 ,an authorization under paragraph 7#a77;,a7 shall not affect the ability of the ,secretary to collect inspection fees under section #ajh7;d7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agah7;d774 7b7 ,state application process 7#a7 ,submission of application ,a ,state may submit an application under subparagraph 7,a7 or 7,b7 of subsection 7a77#a7 to the ,secretary at such time and in such manner as the ,secretary may require4 7#b7 ,content of application ,an application submitted under this subsection shall include-- 7,a7 a description of the ,state program that the ,state proposes to administer under ,state law1 including a ,state drilling plan2 and 7,b7 a statement from the ,governor or attorney general of such ,state that the laws of such ,state provide adequate authority to carry out the ,state program4 7#c7 ,deadline for approval or disapproval ,not later than #ahj days after the date of receipt of an application under this subsection1 the ,secretary shall approve or disapprove such application4 7#d7 ,criteria for approval ,the ,secretary may approve an application received under this subsection only if the ,secretary has-- 7,a7 determined that the ,state applicant would be at least as effective as the ,secretary in issuing ,applications for ,permit to ,drill or in approving drilling plans1 as applicable2 7,b7 determined that the ,state program of the ,state applicant-- 7i7 complies with this ,act2 and 7ii7 provides for the termination or modification of an issued ,application for ,permit to ,drill or approved drilling plan1 as applicable1 for cause1 including for-- 7,i7 the violation of any condition of the issued ,application for ,permit to ,drill or approved drilling plan2 7,,ii7 obtaining the issued ,application for ,permit to ,drill or approved drilling plan by misrepresentation2 or 7,,iii7 failure to fully disclose in the application all relevant facts2 7,c7 determined that the ,state applicant has sufficient administrative and technical personnel and sufficient funding to carry out the ,state program2 7,d7 provided notice to the public1 solicited public comment1 and held a public hearing within such ,state2 7,e7 determined that approval of the application would not result in decreased royalty payments owed to the ,united ,states under section #ce7;a71 except as provided in subsection 7e7 of that section2 and 7,f7 in the case of a ,state applicant seeking authority under subsection 7a77#c7 to inspect and enforce ,applications for ,permit to ,drill or drilling plans1 as applicable1 entered into a memorandum of understanding with such ,state applicant that delineates the ,federal and ,state responsibilities with respect to such inspection and enforcement4 7#e7 ,disapproval ,if the ,secretary disapproves an application submitted under this subsection1 then the ,secretary shall-- 7,a7 notify1 in writing1 such ,state applicant of the reason for the disapproval and any revisions or modifications necessary to obtain approval2 and 7,b7 provide any additional information1 data1 or analysis upon which the disapproval is based4 7#f7 ,resubmittal of application ,a ,state may resubmit an application under this subsection at any time4 7#g7 ,state ,memorandum of ,understanding ,before a ,state submits an application under this subsection1 the ,secretary may1 at the request of such ,state1 enter into a memorandum of understanding with such ,state regarding the proposed ,state program-- 7,a7 to delineate the ,federal and ,state responsibilities for oil and gas regulations2 7,b7 to provide technical assistance2 and 7,c7 to share best management practices4 7c7 ,administrative fees for ,applications for ,permit ,to ,drill 7#a7 ,in general ,a ,state for which authority has been delegated under subsection 7a77#a77;,a7 may collect a fee for each application for an ,application for ,permit to ,drill that is submitted to the ,state4 7#b7 ,no collection of fee by ,secretary ,the ,secretary may not collect a fee from the applicant or from the ,state for an application for an ,application for ,permit to ,drill that is submitted to a ,state for which authority has been delegated under subsection 7a77#a77;,a74 7#c7 ,fee amount ,the fee collected under paragraph 7#a7 shall be less than or equal to the amount of the fee described in section #ce7;d77#b74 7#d7 ,use ,a ,state shall use #ajj percent of the fees collected under this subsection for the administration of the approved ,state program of the ,state4 7d7 ,voluntary termination of authority ,a ,state may voluntarily terminate any authority delegated to such ,state under subsection 7a7 upon providing written notice to the ,secretary #fj days in advance of the date of termination4 ,upon expiration of such #fj-;day period1 the ,secretary shall resume any activities for which authority was delegated to the ,state under subsection 7a74 7e7 ,appeal of denial of application for ,application for ,permit ,to ,drill or application for approval of drilling plan 7#a7 ,in general ,if a ,state for which the ,secretary has delegated authority under subsection 7a77#a7 denies an application for an ,application for ,permit to ,drill or an application for approval of a drilling plan1 the applicant may appeal such decision to the ,department of the ,interior ,office of ,hearings and ,appeals4 7#b7 ,fee allowed ,the ,secretary may charge the applicant a fee for the appeal referred to in paragraph 7#a74 7f7 ,federal administration of ,state program 7#a7 ,notification ,if the ,secretary has reason to believe that a ,state is not administering or enforcing an approved ,state program1 the ,secretary shall notify the relevant ,state regulatory authority of any possible deficiencies4 7#b7 ,state response ,not later than #cj days after the date on which a ,state receives notification of a possible deficiency under paragraph 7#a71 the ,state shall-- 7,a7 take appropriate action to correct the possible deficiency2 and 7,b7 notify the ,secretary of the action in writing4 7#c7 ,determination 7,a7 ,in general ,on expiration of the #cj-;day period referred to in paragraph 7#b71 if the ,secretary determines that a violation of all or any part of an approved ,state program has resulted from a failure of the ,state to administer or enforce the approved ,state program of the ,state or that the ,state has not demonstrated its capability and intent to administer or enforce such a program1 the ,secretary shall issue public notice of such a determination4 7,b7 ,appeal ,a ,state may appeal the determination of the ,secretary under subparagraph 7,a7 in the applicable ,united ,states district court4 ,the ,secretary may not resume activities under paragraph 7#d7 pending the resolution of the appeal4 7#d7 ,resumption by ,secretary ,subject to paragraph 7#c77;,b71 #cj days after the date on which the ,secretary issues the public notice described in paragraph 7#c77;,a71 the ,secretary shall resume any activities for which authority was delegated to the ,state during the period-- 7,a7 beginning on the date #cj days after the date on which the ,secretary issues the public notice under paragraph 7#c77;,a72 and 7,b7 ending on the date on which the ,secretary determines that the ,state will administer or enforce1 as applicable1 such ,state's approved ,state program4 7#e7 ,standing ,states with approved regulatory programs shall have standing to sue the ,secretary for any action taken under this subsection4 7g7 ,definitions ,in this section3 7#a7 ,application for ,permit to ,drill ,the term ,application for ,permit to ,drill or ,applications for ,permit to ,drill means a permit-- 7,a7 that grants authority to drill for oil and gas2 and 7,b7 for which an application has been received that contains-- 7i7 a drilling plan2 7ii7 a surface use plan of operations described under section #cafb4c-a7;f7 of title #dc1 ,code of ,federal ,regulations 7or successor regulation72 7iii7 evidence of bond coverage2 and 7iv7 such other information as may be required by applicable orders and notices4 7#b7 ,available ,federal land ,the term available ,federal land means any ,federal land that-- 7,a7 is located within the boundaries of a ,state2 7,b7 is not held by the ,united ,states in trust for the benefit of a federally recognized ,indian ,tribe or a member of such an ,indian ,tribe2 7,c7 is not a unit of the ,national ,park ,system2 7,d7 is not a unit of the ,national ,wildlife ,refuge ,system1 except for the portion of such unit for which oil and gas drilling is allowed under law2 7,e7 is not a congressionally approved wilderness area under the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 and 7,f7 has been identified as land available for lease or has been leased for the exploration1 development1 and production of oil and gas-- 7i7 by the ,bureau of ,land ,management under-- 7,i7 a resource management plan under the process provided for in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7,,ii7 an integrated activity plan with respect to the ,national ,petroleum ,reserve in ,alaska2 or 7ii7 by the ,forest ,service under a ,national ,forest management plan under the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq474 7#c7 ,drilling plan ,the term drilling plan means a plan described under section #cafb4c-a7;e7 of title #dc1 ,code of ,federal ,regulations 7or successor regulation74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means each of the several ,states4 7#f7 ,state applicant ,the term ,state applicant means a ,state that has submitted an application under subsection 7b74 7#g7 ,state program ,the term ,state program means a program that provides for a ,state to-- 7,a7 issue ,applications for ,permit to ,drill or approve drilling plans1 as applicable1 on available ,federal land2 and 7,b7 impose sanctions for violations of ,state laws1 regulations1 or any condition of an issued ,application for ,permit to ,drill or approved drilling plan1 as applicable4 7#h7 ,sundry notice ,the term sundry notice means a written request-- 7,a7 to perform work not covered under an ,application for ,permit to ,drill or drilling plan2 or 7,b7 for a change to operations covered under an ,application for ,permit to ,drill or drilling plan4 4 7b7 ,inspection fees ,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 fees for certain ,states 7#a7 ,in general ,the ,secretary shall conduct inspections of operations under each oil and gas lease4 ,the ,secretary shall collect annual nonrefundable inspection fees in the amount specified in paragraph 7#b71 from each designated operator under each oil and gas lease on ,federal land that is subject to inspection under subsection 7b7 and that is located in a ,state for which the ,secretary has delegated authority under section #dd7;a77#a77;,a7 of the ,mineral ,leasing ,act4 7#b7 ,amount ,the amount of the fees collected under paragraph 7#a7 shall be-- 7,a7 #gjj for each lease or unit or communitization agreement with no active or inactive wells1 but with surface use1 disturbance1 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 ,onshore energy safety fund ,there is established in the ,treasury a fund1 to be known as the ,onshore ,energy ,safety ,fund 7referred to in this subsection as the ,fund71 into which shall be deposited all amounts collected as fees under paragraph 7#a74 7#d7 ,availability of fees ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 all amounts deposited in the ,fund-- 7,a7 shall be credited as offsetting collections2 7,b7 shall be available only to the extent provided for in advance in an appropriations ,act2 and 7,c7 shall only be available for expenditure for purposes of carrying out inspections of onshore oil and gas operations in those ,states for which the ,secretary has delegated authority under section #dd7;a77#a77;,a7 of the ,mineral ,leasing ,act4 7#e7 ,payment due date ,the ,secretary shall require payment of any fee assessed under this subsection not later than #cj days after the ,secretary provides notice of the assessment of the fee after the completion of an inspection4 7#f7 ,penalty ,if a designated operator assessed a fee under this subsection fails to pay the full amount of the fee as prescribed in this subsection1 the ,secretary may1 in addition to using 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 7#g7 ,notification to ,state of noncompliance ,if1 on the basis of any inspection under subsection 7b71 the ,secretary determines that an operator is in noncompliance with the requirements of mineral leasing laws and this chapter1 the ,secretary shall notify the ,state of such noncompliance immediately4 4 #ajb4 ,conveyance to certain ,states of property interest in ,state share of royalties and other payments 7a7 ,in general ,section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia7 is amended-- 7#a7 in subsection 7a71 by striking shall be paid into the ,treasury and inserting shall1 except as provided in subsection 7e71 be paid into the ,treasury2 7#b7 in subsection 7c77#a71 by inserting and except as provided in subsection 7e7 before 1 any rentals2 and 7#c7 by adding at the end the following3 7e7 ,conveyance to certain ,states of property interest in ,state share 7#a7 ,in general ,notwithstanding any other provision of law1 on request of a ,state and in lieu of any payments to the ,state under subsection 7a71 the ,secretary of the ,interior shall convey to the ,state all right1 title1 and interest in and to the percentage specified in that subsection for that ,state that would otherwise be required to be paid into the ,treasury under that subsection4 7#b7 ,amount ,notwithstanding any other provision of law1 after a conveyance to a ,state under paragraph 7#a71 any person shall pay directly to the ,state any amount owed by the person for which the right1 title1 and interest has been conveyed to the ,state under this subsection4 7#c7 ,notice ,the ,secretary of the ,interior shall promptly provide to each holder of a lease of public land to which subsection 7a7 applies that is located in a ,state to which right1 title1 and interest is conveyed under this subsection notice that-- 7,a7 the ,secretary of the ,interior has conveyed to the ,state all right1 title1 and interest in and to the amounts referred to in paragraph 7#a72 and 7,b7 the leaseholder is required to pay the amounts directly to the ,state4 7#d7 ,report ,a ,state that has received a conveyance under this subsection shall report monthly to the ,office of ,natural ,resources ,revenue of the ,department of the ,interior the amount paid to such ,state pursuant to this subsection4 7#e7 ,application with respect to ,federal ,oil and ,gas ,royalty ,management ,act ,with respect to the interest conveyed to a ,state under this subsection from sales1 bonuses1 royalties 7including interest charges71 and rentals collected under the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq471 this subsection shall only apply with respect to ,states for which the ,secretary has delegated any authority under section #dd7;a77#a74 4 7b7 ,administrative costs ,section #ce7;b7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia7;b77 is amended by striking ,in determining and inserting ,except with respect to ,states for which the ,secretary has delegated any authority under section #dd7;a77#a71 in determining4 7c7 ,conforming amendment ,section #bje7;f7 of the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agce7;f77 is amended by striking ,all moneys and inserting ,subject to subsection 7e7 of section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia71 all moneys4 #ajc4 ,access to ,federal oil and gas from non-,federal surface estate ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7 is amended by adding at the end the following3 7q7 ,no ,federal permit required for oil and gas activities on certain land 7#a7 ,in general ,the ,secretary shall not require an operator to obtain a ,federal drilling permit for oil and gas exploration and production activities conducted on non-,federal surface estate1 provided that-- 7,a7 the ,united ,states holds an ownership interest of less than #ej percent of the subsurface mineral estate to be accessed by the proposed action2 and 7,b7 the operator submits to the ,secretary a ,state permit to conduct oil and gas exploration and production activities on the non-,federal surface estate4 7#b7 ,no ,federal action ,an oil and gas exploration and production activity carried out under paragraph 7#a7-- 7,a7 shall require no additional ,federal action2 7,b7 may commence #cj days after submission of the ,state permit to the ,secretary2 7,c7 shall be categorically excluded from any further analysis and documentation under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the activity is conducted pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 for the purpose of exploration or development of oil or gas2 and 7,d7 shall not be subject to-- 7i7 section #cjfajh of title #ed1 ,united ,states ,code 7commonly known as the ,national ,historic ,preservation ,act of #aiff72 and 7ii7 section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf74 7#c7 ,royalties and production accountability 7,a7 ,nothing in this subsection shall affect the amount of royalties due to the ,united ,states under this ,act from the production of oil and gas1 or alter the ,secretary's authority to conduct audits and collect civil penalties pursuant to the ,federal ,oil and ,gas ,royalty ,management ,act of #aihb 7#cj ,u4,s4,c4 #agja et seq474 7,b7 ,the ,secretary may conduct onsite reviews and inspections to ensure proper accountability1 measurement1 and reporting of production of ,federal oil and gas1 and payment of royalties4 7#d7 ,exceptions ,this subsection shall not apply to actions on ,indian lands or resources managed in trust for the benefit of ,indian ,tribes4 4 #ajd4 ,exemption of certain payments from sequestration 7a7 ,in general ,section #bee7;g77#a77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ije7;g77#a77;,a77 is amended by inserting after ,payments to ,social ,security ,trust ,funds 7#bh-jdjd-j-a-fea74 the following3 ,payments to ,states pursuant to section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia7 7#jad-ejjc-j-b-hjf74 4 7b7 ,applicability ,the amendment made by this section shall apply to any sequestration order issued under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq47 on or after the date of enactment of this ,act4 #aje4 ,state and ,tribal authority for hydraulic fracturing regulation ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended by inserting after section #dd 7as added by section #aja7 the following3 #de4 ,state and ,tribal authority for hydraulic fracturing regulation 7a7 ,in general ,the ,secretary of the ,interior shall not enforce any ,federal regulation1 guidance1 or permit requirement regarding hydraulic fracturing relating to oil1 gas1 or geothermal production activities on or under any land in any ,state that has regulations1 guidance1 or permit requirements for that activity4 7b7 ,state authority ,the ,secretary of the ,interior shall defer to ,state regulations1 guidance1 and permit requirements for all activities regarding hydraulic fracturing relating to oil1 gas1 or geothermal production activities on ,federal land4 7c7 ,transparency of ,state regulations 7#a7 ,in general ,each ,state shall submit to the ,bureau of ,land ,management a copy of the regulations of such ,state that apply to hydraulic fracturing operations on ,federal land1 including those that require disclosure of chemicals used in hydraulic fracturing operations4 7#b7 ,availability ,the ,secretary of the ,interior shall make available to the public on the website of the ,secretary the regulations submitted under paragraph 7#a74 7d7 ,tribal authority on trust land ,the ,secretary of the ,interior shall not enforce any ,federal regulation1 guidance1 or permit requirement with respect to hydraulic fracturing on any land held in trust or restricted status for the benefit of a federally recognized ,indian ,tribe or a member of such an ,indian ,tribe1 except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status4 7e7 ,hydraulic fracturing defined ,in this section1 the term hydraulic fracturing means the process of creating small cracks1 or fractures1 in underground geological formations for well stimulation purposes of bringing hydrocarbons into the wellbore and to the surface for capture4 4 #ajf4 ,protested lease sales ,section #ag7;b77#a77;,a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77#a77;,a77 is amended by inserting ,the ,secretary shall resolve any protest to a lease sale not later than #fj days after such payment4 after annual rental for the first lease year44 #ajg4 ,clarification regarding liability under ,migratory ,bird ,treaty ,act ,section #b of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc7 is amended by adding at the end the following3 7c7 ,limitation on application to accidental or incidental take ,this ,act shall not apply to any activity described in subsection 7a7 that is accidental or incidental to the presence or operation of an otherwise lawful activity4 4 #ajh4 ,amendments to the ,energy ,policy ,act of #bjje ,section #cij of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeidb7 is amended to read as follows3 #cij4 ,national ,environmental ,policy ,act review 7a7 ,national ,environmental ,policy ,act review ,action by the ,secretary of the ,interior1 in managing the public lands1 or the ,secretary of ,agriculture1 in managing ,national ,forest ,system lands1 with respect to any of the activities described in subsection 7d7 shall be categorically excluded from any further analysis and documentation under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the activity is conducted pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 for the purpose of exploration or development of oil or gas4 7b7 ,categorical exclusion ,use of a categorical exclusion created in this section-- 7#a7 shall not require a finding of no extraordinary circumstances2 and 7#b7 shall be effective for the full term of the authorized permit or approval4 7c7 ,application ,this section shall not apply to an action of the ,secretary of the ,interior or the ,secretary of ,agriculture on ,indian lands or resources managed in trust for the benefit of ,indian ,tribes4 7d7 ,activities described ,the activities referred to in subsection 7a7 are as follows3 7#a7 ,reinstating a lease pursuant to section #ca of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahh74 7#b7 ,the following activities1 provided that any new surface disturbance is contiguous with the footprint of the original authorization and does not exceed #bj acres or the acreage evaluated in a document previously prepared under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 with respect to such activity1 whichever is greater3 7,a7 ,drilling an oil or gas well at a well pad site at which drilling has occurred previously4 7,b7 ,expansion of an existing oil or gas well pad site to accommodate an additional well4 7,c7 ,expansion or modification of an existing oil or gas well pad site1 road1 pipeline1 facility1 or utility submitted in a sundry notice4 7#c7 ,drilling of an oil or gas well at a new well pad site1 provided that the new surface disturbance does not exceed #bj acres or the acreage evaluated in a document previously prepared under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 with respect to such activity1 whichever is greater4 7#d7 ,construction or realignment of a road1 pipeline1 or utility within an existing right-of-way or within a right-of-way corridor established in a land use plan4 7#e7 ,the following activities when conducted from non-,federal surface into federally owned minerals1 provided that the operator submits to the ,secretary concerned certification of a surface use agreement with the non-,federal landowner3 7,a7 ,drilling an oil or gas well at a well pad site at which drilling has occurred previously4 7,b7 ,expansion of an existing oil or gas well pad site to accommodate an additional well4 7,c7 ,expansion or modification of an existing oil or gas well pad site1 road1 pipeline1 facility1 or utility submitted in a sundry notice4 7#f7 ,drilling of an oil or gas well from non-,federal surface and non-,federal subsurface into ,federal mineral estate4 7#g7 ,construction of up to #a mile of new road on ,federal or non-,federal surface1 not to exceed #b miles in total4 7#h7 ,construction of up to #c miles of individual pipelines or utilities1 regardless of surface ownership4 4 #aji4 ,administrative protest process reform ,section #ag of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf71 as amended by section #ajc of this ,act1 is further amended by adding at the end the following3 7r7 ,protest filing fee 7#a7 ,in general ,before processing any protest filed under this section1 the ,secretary shall collect a filing fee in the amount described in paragraph 7#b7 from the protestor to recover the cost for processing documents filed for each administrative protest4 7#b7 ,amount ,the amount described in this paragraph is calculated as follows3 7,a7 ,for each protest filed in a submission not exceeding #aj pages in length1 the base filing fee shall be #aej4 7,b7 ,for each submission exceeding #aj pages in length1 in addition to the base filing fee1 an assessment of #e per page in excess of #aj pages shall apply4 7,c7 ,for protests that include more than one oil and gas lease parcel1 right-of-way1 or application for permit to drill in a submission1 an additional assessment of #aj per additional lease parcel1 right-of-way1 or application for permit to drill shall apply4 7#c7 ,adjustment 7,a7 ,in general ,beginning on ,january #a1 #bjbb1 and annually thereafter1 the ,secretary shall adjust the filing fees established in this subsection to whole dollar amounts to reflect changes in the ,producer ,price ,index1 as published by the ,bureau of ,labor ,statistics1 for the previous #ab months4 7,b7 ,publication of adjusted filing fees ,at least #cj days before the filing fees as adjusted under this paragraph take effect1 the ,secretary shall publish notification of the adjustment of such fees in the ,federal ,register4 4 #aaj4 ,notifications of permit to drill ,the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 is amended by inserting after section #de 7as added by section #ajd of this ,act7 the following3 #df4 ,notifications of permit to drill 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall establish procedures by which an operator may conduct drilling and production activities on available ,federal land and non-,federal land that is located in a ,state to which the ,secretary has not delegated exclusive authority under section #dd7;a77#a7 after sending to the ,secretary a notification of permit to drill under this section in lieu of obtaining an ,application for ,permit to ,drill4 7b7 ,content of notification ,to be considered a complete notification of permit to drill under this section1 an operator shall include in the notification of permit to drill submitted under this section-- 7#a7 a notification of permit to drill form2 7#b7 a surface use plan of operations2 7#c7 a drilling plan2 7#d7 a well plat certified by a registered surveyor2 7#e7 an operator certification2 7#f7 evidence of bond coverage2 and 7#g7 a notification of permit to drill fee in an amount to be determined by the ,secretary4 7c7 ,justifications for objection 7#a7 ,in general ,except as otherwise provided in this subsection1 the ,secretary may not object to a notification of permit to drill under this section if the notification-- 7,a7 demonstrates that the drilling operations described in the notification of permit to drill will be located in-- 7i7 a developed field1 where there are existing oil and gas wells within a #e-mile radius and for which an approved land use plan or environmental review was prepared within the last #aj years under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 that analyzed such drilling operations as a reasonably foreseeable activity2 7ii7 a location or well pad site at which drilling has occurred within #aj years before the date of spudding the well and the proposed operations do not increase the surface disturbance on the location or well pad site2 7iii7 an area consisting of individual surface disturbances of less than #aj acres and the total surface disturbance on the lease is not greater than #aej acres and for which an approved land use plan or environmental review was prepared within the last #aj years under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 that analyzed such drilling operations as a reasonably foreseeable activity2 7iv7 an area consisting of ,federal mineral interests that is located within the boundaries of a communitization agreement or unit agreement which contains minerals leased by a ,state or private mineral owner for which a drilling permit has been approved by a ,state regulatory agency2 or 7v7 an area in which a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applies for oil and gas drilling or reentry activities2 or 7,b7 includes-- 7i7 an environmental review that concludes that actions described in the notification of permit to drill pose no significant effects on the human environment or threatened or endangered species2 and 7ii7 an archaeological review that concludes that actions described in the notification of permit to drill pose no significant effects on cultural or historic properties or resources4 7#b7 ,endangered species protection 7,a7 ,in general ,notwithstanding paragraph 7#a71 the ,secretary shall object to a notification of permit to drill if the activity described in such notification of permit to drill is likely to jeopardize the continued existence of a species that is a threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or result in the destruction or adverse modification of critical habitat of such species4 7,b7 ,withdrawal of objection ,the ,secretary may withdraw an objection under subparagraph 7,a7 if the operator consults with the ,secretary on such objection and places conditions on the notification of permit to drill sufficient to comply with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#c7 ,national ,historic ,preservation 7,a7 ,in general ,notwithstanding paragraph 7#a71 the ,secretary shall object to a notification of permit to drill if the activity described in such notification of permit to drill is likely to affect properties listed1 or eligible for listing1 in the ,national ,register of ,historic ,places under section #cjfajh of title #ed1 ,united ,states ,code 7commonly known as the ,national ,historic ,preservation ,act of #aiff74 7,b7 ,withdrawal of objection ,the ,secretary may withdraw an objection under subparagraph 7,a7 if the operator consults with the ,secretary on such objection and places conditions on the notification of permit to drill sufficient to comply with section #cjfajh of title #ed1 ,united ,states ,code 7commonly known as the ,national ,historic ,preservation ,act of #aiff74 7d7 ,objection or no action 7#a7 ,notification of incomplete notification ,not later than #ae days after receipt of a notification of permit to drill or a revised notification of permit to drill from an operator under this section1 the ,secretary shall notify the operator in writing if the notification of permit to drill is not complete4 7#b7 ,notification of objections ,the ,secretary shall notify an operator of any objections to the notification of permit to drill not later than #de days after receipt of a complete notification of permit to drill from an operator under this section4 7#c7 ,no action required ,if the ,secretary has not notified an operator under either paragraph 7#a7 or paragraph 7#b7 within #de days after receipt of a notification of permit to drill from the operator under this section1 the operator may1 without further action from the ,secretary1 conduct the drilling and production activities for which the notification of permit to drill was submitted4 7#d7 ,opportunity to resubmit notification ,if the ,secretary notifies an operator under paragraph 7#a7 of an incomplete notification or paragraph 7#b7 of an objection1 the ,secretary shall allow the operator to address such incomplete notification or objection and revise and resubmit the notification of permit to drill4 7#e7 ,opportunity to resubmit notification as ,application for ,permit to ,drill ,if the ,secretary notifies an operator under paragraph 7#b7 of an objection1 the ,secretary shall allow the operator to resubmit such information in the form of an ,application for ,permit to ,drill4 7e7 ,notification fee ,the ,secretary may not charge an operator under this section a fee for submitting a notification of permit to drill greater than the fee the ,secretary charges an applicant for an ,application for ,permit to ,drill4 7f7 ,environmental review 7#a7 ,in general ,an environmental review or archaeological review described in subsection 7c77#a77;,b7 may be completed by a third-party contractor approved by the ,secretary or pursuant to a memorandum of understanding between the operator and the ,secretary4 7#b7 ,field work authorization ,the ,secretary shall issue a field work authorization to a third-party contractor for the purposes of paragraph 7#a7 within a reasonable time4 7#c7 ,request for concurrence ,the ,secretary shall allow a third-party contractor to submit a request to the ,state ,historic ,preservation ,office on behalf of the ,secretary4 7g7 ,additional surface use permits ,the ,secretary may not require an operator that has submitted a notification of permit to drill for which the ,secretary did not object to obtain a surface use permit for an action included in the notification of permit to drill4 7h7 ,site inspection ,the ,secretary may not require an operator that has submitted a notification of permit to drill for which the ,secretary did not object to submit to a site inspection before commencement of the activities described in the notification of permit to drill4 7i7 ,federal enforcement ,the ,secretary may conduct inspections of and evaluate activities described in a notification of permit to drill for purposes of bringing an enforcement action4 ,the ,secretary may suspend enforcement proceedings if the operator modifies its activities to comply with the notification of permit to drill or obtains an ,application for ,permit to ,drill for such activities4 7j7 ,application of the ,national ,environmental ,policy ,act 7#a7 ,no action by ,secretary ,the decision by the ,secretary to take no action under subsection 7c77#a77;,b77#b7 shall not constitute a major ,federal action for the purposes of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#b7 ,development of regulations ,the development of any regulation pursuant to this section shall constitute a major ,federal action for the purposes of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7k7 ,definitions ,in this section3 7#a7 ,in general ,the terms ,application for ,permit to ,drill1 ,applications for ,permit to ,drill1 available ,federal land1 and drilling plan have the meaning given those terms in section #dd4 7#b7 ,surface use plan of operation ,the term surface use plan of operation means a plan containing-- 7,a7 the road and drill pad location2 7,b7 details of pad construction2 7,c7 methods for containment and disposal of waste material2 7,d7 plans for reclamation of the surface2 7,e7 any other information specified in applicable orders or notices2 and 7,f7 any other pertinent data as the ,secretary may require4 4 ,,ii ,offshore ,oil and ,gas #bja4 ,limitation of authority of the ,president to withdraw areas of the ,outer ,continental ,shelf from oil and gas leasing 7a7 ,reservations ,section #ab7;a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acda7;a77 is amended to read as follows3 7a7 ,limitation on withdrawal 7#a7 ,in general ,except as otherwise provided in this section1 no submerged lands of the ,outer ,continental ,shelf may be withdrawn from disposition except by an ,act of ,congress4 7#b7 ,national marine sanctuaries ,the ,president may withdraw from disposition any of the unleased submerged lands of the ,outer ,continental ,shelf that are located in a national marine sanctuary designated-- 7,a7 in accordance with the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adca et seq472 or 7,b7 by an ,act of ,congress4 7#c7 ,existing withdrawals 7,a7 ,in general ,except for the withdrawals described in subparagraph 7,b71 any withdrawal from disposition of submerged lands of the ,outer ,continental ,shelf before the date of the enactment of this subsection shall have no force or effect4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to the following withdrawals3 7i7 ,any withdrawal from disposition of submerged lands of the ,outer ,continental ,shelf that are located in a national marine sanctuary designated in accordance with the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adca et seq474 7ii7 ,any withdrawal from disposition of submerged lands of the ,outer ,continental ,shelf that are located in the boundary of a national monument declared under section #cbjcja of title #ed1 ,united ,states ,code4 7iii7 ,any withdrawal from disposition of the ,north ,aleutian ,basin planning area1 including ,bristol ,bay 7as such planning area is depicted in the document titled #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,proposed ,final ,program1 dated ,november #bjaf1 or a subsequent oil and gas leasing program developed under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd774 4 7b7 ,termination of authority ,to establish marine national monuments ,section #cbjcja of title #ed1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking ,the ,president may1 and inserting ,except as provided in subsection 7e71 the ,president may12 7#b7 in subsection 7b71 by striking ,the ,president may and inserting ,except as provided in subsection 7e71 the ,president may2 and 7#c7 by adding at the end the following3 7e7 ,limitation on marine national monuments 7#a7 ,in general ,the ,president may not declare or reserve any ocean waters 7as such term is defined in section #c of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adjb77 or submerged lands as a national monument4 7#b7 ,marine national monuments designated before the date of the enactment of this subsection ,this subsection shall not affect any national monument designated by the ,president before the date of the enactment of this ,act4 4 #bjb4 ,disposition of revenue from oil and gas leasing on the ,outer ,continental ,shelf to ,atlantic ,states and ,alaska ,section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch7 is amended-- 7#a7 by striking ,all rentals and inserting the following3 7a7 ,in general ,except as otherwise provided in this section1 all rentals 2 and 7#b7 by adding at the end the following3 7b7 ,distribution of revenue to producing ,states 7#a7 ,definitions ,in this subsection3 7,a7 ,covered planning area 7i7 ,in general ,subject to clause 7ii71 the term covered planning area means each of the following planning areas 7as such planning areas are depicted in the document titled #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,proposed ,final ,program1 dated ,november #bjaf1 or a subsequent oil and gas leasing program developed under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd773 7,i7 ,the ,mid-,atlantic planning area4 7,,ii7 ,the ,south ,atlantic planning area4 7,,iii7 ,any planning area located off the coast of the ,state of ,alaska4 7ii7 ,exclusions ,the term covered planning area does not include any area in the ,atlantic ,ocean-- 7,i7 north of the southernmost lateral seaward administrative boundary of the ,state of ,maryland2 or 7,,ii7 south of the northernmost lateral seaward administrative boundary of the ,state of ,florida4 7,b7 ,producing ,state 7i7 ,in general ,the term producing ,state means each of the following ,states3 7,i7 ,virginia4 7,,ii7 ,north ,carolina4 7,,iii7 ,south ,carolina4 7,,iv7 ,georgia4 7,v7 ,alaska4 7ii7 ,exclusion ,the term producing ,state does not include any ,state the coastal seaward boundary of which is further than #bjj nautical miles from the geographic center of any leased tract of the ,outer ,continental ,shelf4 7,c7 ,qualified revenue 7i7 ,in general ,the term qualified revenue means any revenue derived from rentals1 royalties1 bonus bids1 and other sums due and payable to the ,united ,states under an oil and gas lease with respect to a covered planning area entered into on or after the date of the enactment of this subsection4 7ii7 ,exclusions ,the term qualified revenue does not include-- 7,i7 revenue from the forfeiture of a bond or other surety securing obligations other than royalties1 civil penalties1 or royalties taken by the ,secretary in kind and not sold2 7,,ii7 revenue generated from a lease subject to section #h7;g72 and 7,,iii7 the portion of the rental revenue in excess of the amount of rental revenue that would have been collected at the rates in effect before ,august #e1 #aiic4 7#b7 ,deposit of qualified revenue 7,a7 ,phase ,i ,with respect to qualified revenue from leases awarded under the first leasing program approved under section #ah7;a7 that takes effect after the date of the enactment of this subsection1 the ,secretary of the ,treasury shall deposit or allocate1 as applicable-- 7i7 #hg4e percent of such qualified revenue into the general fund of the ,treasury2 and 7ii7 #ab4e percent of such qualified revenue to producing ,states in accordance with paragraph 7#c74 7,b7 ,phase ,,ii ,with respect to qualified revenue from leases awarded under the second leasing program approved under section #ah7;a7 that takes effect after the date of the enactment of this subsection1 the ,secretary of the ,treasury shall deposit or allocate1 as applicable-- 7i7 #ge percent of such qualified revenue into the general fund of the ,treasury2 and 7ii7 #be percent of such qualified revenue to producing ,states in accordance with paragraph 7#c74 7,c7 ,phase ,,iii ,with respect to qualified revenue from leases awarded under the third leasing program approved under section #ah7;a7 that takes effect after the date of the enactment of this subsection1 and under any subsequent such leasing program1 the ,secretary of the ,treasury shall deposit or allocate1 as applicable-- 7i7 #ej percent of such qualified revenue into the general fund of the ,treasury2 and 7ii7 #ej percent of such qualified revenue into a special account in the ,treasury from which the ,secretary of the ,treasury shall disburse-- 7,i7 #ge percent to ,states in accordance with paragraph 7#c72 and 7,,ii7 #be percent to the ,secretary of the ,interior for units of the ,national ,park ,system4 7#c7 ,allocation to producing ,states 7,a7 ,in general ,in accordance with subparagraphs 7,b7 and 7,c71 the ,secretary of the ,treasury shall annually allocate the amounts made available under subparagraphs 7,a77ii71 7,b77ii71 and 7,c77ii77,i7 of paragraph 7#b7 to each producing ,state in an amount 7based on a formula established by the ,secretary by regulation7 that-- 7i7 is inversely proportional to the respective distances between-- 7,i7 the point on the coastline of the producing ,state that is closest to the geographical center of the applicable leased tract2 and 7,,ii7 the geographical center of that leased tract2 and 7ii7 is not less than #aj percent of the qualified revenue for a given leasing program4 7,b7 ,allocation to noncontiguous coastal ,states 7i7 ,in general ,with respect to each producing ,state that is a noncontiguous coastal ,state1 the ,secretary of the ,treasury shall allocate #bj percent of the allocable share of such ,state determined under this paragraph to the coastal political subdivisions of such ,state4 7ii7 ,allocation ,the amount allocated by the ,secretary of the ,treasury to coastal political subdivisions under this subparagraph shall be allocated to each such coastal political subdivision in accordance with subparagraphs 7,b7 and 7,e7 of section #ca7;b77#d74 7iii7 ,definition of coastal political subdivision ,in this subparagraph1 the term coastal political subdivision means-- 7,i7 a county-equivalent subdivision of a ,state for which-- 7aa7 all or part of such subdivision lies within the coastal zone of the ,state 7as defined in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec772 and 7bb7 the closest coastal point of such subdivision is not more than #bjj nautical miles from the geographical center of any leased tract on the ,outer ,continental ,shelf2 or 7,,ii7 a municipal subdivision of a ,state-- 7aa7 for which the closest point of such subdivision is not more than #bjj nautical miles from the geographical center of a leased tract on the ,outer ,continental ,shelf2 and 7bb7 that the ,state determines is a significant staging area for oil and gas servicing1 supply vessels1 operations1 suppliers1 or workers4 7,c7 ,allocation to contiguous coastal ,states 7i7 ,in general ,with respect to each producing ,state that is a contiguous coastal ,state1 the ,secretary of the ,treasury shall allocate-- 7,i7 #ej percent of the allocable share of such ,state determined under this paragraph to the ,state treasury to be used by the ,state in accordance with clause 7ii72 7,,ii7 #be percent of the allocable share of such ,state determined under this paragraph to coastal towns2 and 7,,iii7 #be percent of the allocable share of such ,state determined under this paragraph to coastal counties4 7ii7 ,use of funds ,funds allocated to a producing ,state under clause 7i77,i7 shall be used by such ,state-- 7,i7 to enhance ,state land and water conservation efforts1 particularly in inlets1 waterways1 and beaches2 7,,ii7 for the purposes of beach nourishment and coastline enhancements2 7,,iii7 for the protection of coastal wildlife2 7,,iv7 to support estuary health and aquaculture management2 7,v7 for dredging and port infrastructure development2 7,,vi7 to provide grants to support the geological and geophysical sciences or petroleum engineering programs or departments at institutions of higher education 7as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 that-- 7aa7 are accredited by the ,accreditation ,board for ,engineering and ,technology2 and 7bb7 are located within the producing ,state2 or 7,,vii7 for any other purpose that enhances coastal communities1 as determined by the ,governor of the producing ,state4 7iii7 ,definition of coastal town ,in this subparagraph1 the term coastal town means an economic and residential center that is not more than #bj miles from the coast of the producing ,state4 7#d7 ,administration ,amounts made available under paragraph 7#b77;,b7 shall-- 7,a7 be made available1 without further appropriation1 in accordance with this subsection2 7,b7 remain available until expended2 7,c7 be in addition to any amounts appropriated under-- 7i7 chapter #bjjc of title #ed1 ,united ,states ,code2 7ii7 any other provision of this ,act2 and 7iii7 any other provision of law2 and 7,d7 be made available during the fiscal year immediately following the fiscal year in which such amounts were received4 4 #bjc4 ,gulf of ,mexico ,outer ,continental ,shelf revenue 7a7 ,distribution of outer continental shelf revenue to gulf producing ,states ,section #aje of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking #ej and inserting #cg4e2 and 7,b7 in paragraph 7#b7-- 7i7 by striking #ej and inserting #fb4e2 7ii7 in subparagraph 7,a71 by striking #ge and inserting #hj2 and 7iii7 in subparagraph 7,b71 by striking #be and inserting #bj2 and 7#b7 by striking subsection 7f74 7b7 ,exemption of certain payments from sequestration 7#a7 ,in general ,section #bee7;g77#a77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ije7;g77#a77;,a77 is amended by inserting after ,payments to ,social ,security ,trust ,funds 7#bh-jdjd-j-a-fea74 the following3 ,payments to ,states pursuant to section #aje7;a77#b77;,a7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7,public ,law #aji-dcb2 #dc ,u4,s4,c4 #acca note7 7#jad-eece-j-b-cjb74 4 7#b7 ,applicability ,the amendment made by this subsection shall apply to any sequestration order issued under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq47 on or after the date of enactment of this ,act4 #bjd4 ,addressing permits for taking of marine mammals ,section #aja7;a77#e77;,d7 of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acga7;a77#e77;,d77 is amended as follows3 7#a7 ,in clause 7i7-- 7,a7 by striking citizens of the ,united ,states and inserting persons2 7,b7 by striking within a specific geographic region2 7,c7 by striking of small numbers2 7,d7 by striking such citizens and inserting such persons2 and 7,e7 by striking within that region4 7#b7 ,in clause 7ii7-- 7,a7 in subclause 7,i71 by striking 1 and other means of effecting the least practicable impact on such species or stock and its habitat2 7,b7 in subclause 7,,iii71 by striking requirements pertaining to the monitoring and reporting of such taking by harassment1 including and inserting efficient and practical requirements pertaining to the monitoring of such taking by harassment while the activity is being conducted and the reporting of such taking1 including1 as the ,secretary determines necessary1 2 and 7,c7 by adding at the end the following3 ,any condition imposed pursuant to subclause 7,i71 7,,ii71 or 7,,iii7 may not result in more than a minor change to the specified activity and may not alter the basic design1 location1 scope1 duration1 or timing of the specified activity4 4 7#c7 ,in clause 7iii71 by striking receiving an application under this subparagraph and inserting an application is accepted or required to be considered complete under subclause 7,i77aa71 7,,ii77aa71 or 7,,iv7 of clause 7viii71 as applicable14 7#d7 ,in clause 7vi71 by striking a determination of least practicable adverse impact on such species or stock under clause 7i77,i7 and inserting conditions imposed under subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7ii74 7#e7 ,by adding at the end the following3 7viii7 7,i7 ,the ,secretary shall-- 7aa7 accept as complete a written request for authorization under this subparagraph for incidental taking described in clause 7i71 by not later than #de days after the date of submission of the request2 or 7bb7 provide to the requester1 by not later than #ae days after the date of submission of the request1 a written notice describing any additional information required to complete the request4 7,,ii7 ,if the ,secretary provides notice under subclause 7,i77bb71 the ,secretary shall1 by not later than #cj days after the date of submission of the additional information described in the notice-- 7aa7 accept the written request for authorization under this subparagraph for incidental taking described in clause 7i72 or 7bb7 deny the request and provide the requester a written explanation of the reasons for the denial4 7,,iii7 ,the ,secretary may not make a second request for information1 request that the requester withdraw and resubmit the request1 or otherwise delay a decision on the request4 7,,iv7 ,if the ,secretary fails to respond to a request for authorization under this subparagraph in the manner provided in subclause 7,i7 or 7,,ii71 the request shall be considered to be complete4 7ix7 7,i7 ,at least #ij days before the expiration of any authorization issued under this subparagraph1 the holder of such authorization may apply for a one-year extension of such authorization4 ,the ,secretary shall grant such extension not later than #ad days after the date of such request on the same terms and without further review if there has been no substantial change in the activity carried out under such authorization nor in the status of the marine mammal species or stock1 as applicable1 as reported in the final annual stock assessment reports for such species or stock4 7,,ii7 ,in subclause 7,i71 the term substantial change means a change that prevents the ,secretary from making the required findings to issue an authorization under clause 7i7 with respect to such species or stock4 7,,iii7 ,the ,secretary shall notify the applicant of such substantial changes with specificity and in writing not later than #ad days after the applicant's submittal of the extension request4 7x7 ,if the ,secretary fails to make the required findings and1 as appropriate1 issue the authorization not later than #abj days after the application is accepted or required to be considered complete under subclause 7,i77aa71 7,,ii77aa71 or 7,,iii7 of clause 7viii71 as applicable1 the authorization is deemed to have been issued on the terms stated in the application and without further process or restrictions under this ,act4 7xi7 ,any taking of a marine mammal in compliance with an authorization under this subparagraph is exempt from the prohibition on taking in section #i of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aech74 ,any ,federal agency authorizing1 funding1 or carrying out an action that results in such taking1 and any agency action authorizing such taking1 is exempt from the requirement to consult regarding potential impacts to marine mammal species or designated critical habitat under section #g7;a77#b7 of such ,act 7#af ,u4,s4,c4 #aecf7;a77#b774 4 #bje4 ,energy development in the ,eastern ,gulf of ,mexico 7a7 ,compatibility between military mission and oil and gas operations 7#a7 ,updating memorandum of agreement ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary of the ,interior and the ,secretary of ,defense shall update the memorandum of agreement entitled ,memorandum of ,agreement ,between the ,department of ,defense and the ,department of the ,interior on ,mutual ,concerns on the ,outer ,continental ,shelf to ensure compatibility between the military mission and oil and gas operations in the ,eastern ,gulf of ,mexico4 7#b7 ,reservations ,nothing in this section affects section #ab of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acda74 7#c7 ,existing leases ,the stipulations and restrictions developed under this subsection shall not apply to existing leases in the ,eastern ,planning ,area4 7b7 ,directed lease sales 7#a7 ,in general ,notwithstanding the omission of any of these areas from the ,outer ,continental ,shelf oil and gas leasing program approved by the ,secretary of the ,interior under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd71 as in effect at the time of the lease sale1 but subject to paragraph 7#b7 of this subsection1 the ,secretary shall offer the following areas for oil and gas leasing under such ,act3 7,a7 ,all acreage of the ,eastern ,planning ,area that is not subject to section #ajd7;a7 of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note71 as in effect on the date of the enactment of this ,act1 by holding at least two lease sales before ,december #ca1 #bjba4 7,b7 ,all acreage of the ,eastern ,planning ,area by holding at least one additional sale after ,june #cj1 #bjbb1 and before ,december #ca1 #bjbb1 and at least two additional sales each subsequent year4 7#b7 ,national ,environmental ,policy ,act requirements ,the ,secretary and all other ,federal officials shall complete all actions required by section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 with respect to such lease sales by not later than #a year before the final lease sale conducted under paragraph 7#a74 7#c7 ,definitions ,in this section1 the term ,eastern ,planning ,area means the ,eastern ,gulf of ,mexico ,planning ,area of the ,outer ,continental ,shelf1 as such planning area is depicted in the document titled #bjag-bjbb ,outer ,continental ,shelf ,oil and ,gas ,leasing ,proposed ,final ,program1 dated ,november #bjaf1 or a subsequent oil and gas leasing program developed under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd74 7c7 ,lease terms 7#a7 ,in general ,section #h7;b77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7;b77#b77 is amended to read as follows3 7#b7 be for an initial period of not more than-- 7,a7 #e years2 7,b7 #aj years if the ,secretary finds that a longer period is necessary to encourage exploration and development in areas with unusually deep water or other unusually adverse conditions2 or 7,c7 #ae years for leases located in water depths of more than #a1ejj meters and as long as-- 7i7 oil or gas is produced from the area in paying quantities2 or 7ii7 drilling or well reworking operations approved by the ,secretary are conducted2 4 7#b7 ,extension of existing leases 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,interior shall issue regulations under which the ,secretary may extend by #e years the term of an oil and gas lease under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 for a tract located in water depths of more than #a1ejj meters4 7,b7 ,application2 payment ,regulations issued under this paragraph shall require-- 7i7 submission of an application for such extension2 and 7ii7 payment of a minimum bid amount4 7,c7 ,limitation ,the ,secretary may not extend the term of a lease under this paragraph more than once4 7d7 ,report 7#a7 ,in general ,the ,secretary of the ,interior shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report regarding options for sharing the revenue collected from oil and gas leasing in the ,eastern ,gulf of ,mexico ,planning ,area with the ,gulf ,states consistent with section #aje of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note71 as amended by section #bjc of this ,act4 7#b7 ,inclusion ,the report shall include analysis of potential economic benefits to the ,gulf ,states and recommendations for authorizing the use of the revenue for coastal restoration1 recovering endangered species1 coral restoration1 and mitigation of harmful algal blooms4 #bjf4 ,annual lease sales in ,gulf of ,mexico region ,section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd7 is amended by adding at the end the following3 7i7 ,annual lease sales in ,gulf of ,mexico ,region 7#a7 ,definitions ,in this subsection3 7,a7 ,central ,gulf of ,mexico ,planning ,area ,the term ,central ,gulf of ,mexico ,planning ,area has the meaning given the term ,central ,planning ,area in section #ajb of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note2 ,public ,law #aji-dcb74 7,b7 ,western ,gulf of ,mexico ,planning ,area ,the term ,western ,gulf of ,mexico ,planning ,area means the ,western ,gulf of ,mexico ,planning ,area of the ,outer ,continental ,shelf1 as designated in the document entitled ,draft ,proposed ,program ,outer ,continental ,shelf ,oil and ,gas ,leasing ,program #bjjg-bjab and dated ,february #bjjf4 7#b7 ,annual lease sales ,notwithstanding any other provision of law1 beginning in fiscal year #bjbb1 the ,secretary shall hold a minimum of #b regionwide lease sales annually in the ,gulf of ,mexico pursuant to this ,act1 each of which shall include areas in-- 7,a7 the ,central ,gulf of ,mexico ,planning ,area2 and 7,b7 the ,western ,gulf of ,mexico ,planning ,area4 7#c7 ,requirements 7,a7 ,in general ,in carrying out the lease sales under paragraph 7#b71 the ,secretary shall issue leases to the highest responsible qualified bidder or bidders4 7,b7 ,areas included in lease sales ,in carrying out the lease sales under paragraph 7#b71 the ,secretary shall include in each lease sale all unleased areas that are not subject to restrictions as of the date of the lease sale4 7#d7 ,environmental review 7,a7 ,in general ,with respect to each lease sale required under paragraph 7#b71 the ,secretary shall conduct any environmental reviews required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,deadline 7i7 ,individual review ,if the ,secretary conducts environmental reviews with respect to a lease sale under subparagraph 7,a7 for each individual lease included in the lease sale1 the ,secretary shall complete all environmental reviews for the lease sale1 including by issuing a finding of no significant impact or a record of decision1 if applicable1 in less than #cfe calendar days4 7ii7 ,programmatic review ,if the ,secretary conducts a programmatic environmental review with respect to a lease sale under subparagraph 7,a7 for all leases under the lease sale1 the ,secretary shall complete the programmatic environmental review1 including by issuing a finding of no significant impact or a record of decision1 if applicable1 in less than #ahj calendar days4 7j7 ,permitting 7#a7 ,in general ,pursuant to sovereign contracting rights and obligations1 the ,secretary shall review and grant or deny in accordance with paragraph 7#b7 any application for a permit or other approval for offshore oil and natural gas exploration1 development1 and production activities under a lease issued pursuant to this ,act by not later than the earlier of-- 7,a7 #ge calendar days after the date on which the application is received by the ,bureau of ,ocean ,energy ,management or the ,bureau of ,safety and ,environmental ,enforcement2 or 7,b7 any other applicable deadline required by law4 7#b7 ,approval or denial 7,a7 ,in general ,absent clear grounds for denial of an application for a permit or other approval described in paragraph 7#a71 the ,secretary shall grant the permit or approval4 7,b7 ,requirement ,if the ,secretary denies an application for a permit or other approval under subparagraph 7,a71 the ,secretary shall provide to the applicant written notice explaining the grounds for the denial4 4 ,,iii ,alternative ,energy #cja4 ,geothermal1 solar1 and wind leasing priority areas 7a7 ,definitions ,in this section1 the following terms apply3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 ,federal land2 and 7,b7 not excluded from the development of geothermal 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 any other ,federal law4 7#b7 ,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 project for solar1 wind1 or geothermal energy4 7#c7 ,solar designated leasing area ,the term solar designated leasing area means covered land identified by the land use planning process of the ,bureau of ,land ,management as being a preferred location for a solar energy project1 including the solar energy zones established by the #bjab ,western ,solar ,plan of the ,bureau of ,land ,management1 and any subsequent land use plan amendments4 7b7 ,designation of geothermal1 solar1 and wind leasing priority areas 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,energy1 shall establish priority areas on covered land for geothermal1 solar1 and wind energy projects4 7#b7 ,deadline 7,a7 ,geothermal and wind energy ,with respect to geothermal and wind energy1 the ,secretary shall establish priority areas as soon as practicable1 but not later than #e years after the date of enactment of this ,act4 7,b7 ,solar energy ,solar designated leasing areas shall be considered to be priority areas for solar energy leases4 ,the ,secretary shall establish additional priority areas for solar energy as soon as practicable1 but not later than #c years after the date of enactment of this ,act4 7c7 ,criteria for selection ,in determining which covered land to designate as a priority area for geothermal1 solar1 or wind leasing under subsection 7b71 the ,secretary1 in consultation with the ,secretary of ,energy1 shall consider if-- 7#a7 the covered land is preferable for geothermal1 solar1 or wind leasing2 7#b7 production of geothermal1 solar1 or wind energy on such land is economically viable1 including if such land has access to methods of energy transmission2 and 7#c7 the designation would be in compliance 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 section4 7d7 ,review and modification ,not less frequently than once every #e years1 the ,secretary shall-- 7#a7 review covered land and1 if appropriate1 make additional designations of priority areas for geothermal1 solar1 or wind leasing2 and 7#b7 review each area designated as a priority area for geothermal1 solar1 or wind energy leasing under this section and1 if appropriate1 remove such designation4 7e7 ,compliance with the ,national ,environmental ,policy ,act ,for the 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 with respect to geothermal energy1 by supplementing the ,october #bjjh final programmatic environmental impact statement for geothermal leasing in the ,western ,united ,states and incorporating any additional regional analyses that have been completed by ,federal agencies since such programmatic environmental impact statement was finalized2 7#b7 with respect to solar energy1 by supplementing the ,july #bjab final programmatic environmental impact statement for solar energy development and incorporating any additional regional analyses that have been completed by ,federal agencies since such programmatic environmental impact statement was finalized2 and 7#c7 with respect to wind energy1 by supplementing the ,july #bjje final programmatic environmental impact statement for wind energy development and incorporating any additional regional analyses that have been completed by ,federal agencies since such programmatic environmental impact statement was finalized4 7f7 ,additional environmental review ,if the ,secretary 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 ,secretary shall-- 7#a7 rely on the analysis in the programmatic environmental impact statement conducted under subsection 7e71 to the maximum extent practicable when analyzing the potential impacts of the project2 7#b7 complete any such environmental review document by not later than #cfd days2 and 7#c7 limit any such review documents to #aej pages in length4 #cjb4 ,geothermal production on ,federal lands ,the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following3 #cj4 ,geothermal exploration test projects 7a7 ,definition of geothermal exploration test project ,in this section1 the term geothermal exploration test project means the drilling of a well to test or explore for geothermal resources on lands for which the ,secretary has issued a lease under this ,act1 that-- 7#a7 is carried out by the holder of the lease2 7#b7 causes-- 7,a7 less than #e acres of soil or vegetation disruption at the location of each geothermal exploration well2 and 7,b7 not more than an additional #e acres of soil or vegetation disruption during access or egress to the test site2 7#c7 is developed-- 7,a7 with a bore well measuring less than #i inches in diameter2 7,b7 in a manner that does not require off-road motorized access other than to and from the well site along an identified off-road route2 7,c7 without construction of new roads other than upgrading of existing drainage crossings for safety purposes2 7,d7 with the use of rubber-tired digging or drilling equipment vehicles2 and 7,e7 without the use of high-pressure well stimulation2 7#d7 is completed in less than #ij days1 including the removal of any surface infrastructure from the site2 and 7#e7 requires the restoration of the project site not later than #c years after the date of first exploration drilling to approximately the condition that existed at the time the project began1 unless the site is subsequently used as part of energy development under the lease4 7b7 ,categorical exclusion 7#a7 ,in general ,unless extraordinary circumstances exist1 a project that the ,secretary determines under subsection 7c7 is a geothermal exploration test project shall be categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7#b7 ,extraordinary circumstances ,the term extraordinary circumstances has the meaning give that term in the ,department of the ,interior ,departmental ,manual1 #eaf ,,dm #b4c;,a7#c7 and #eaf ,,dm #b1 #c ,appendix #b 7or successor provisions74 7c7 ,process 7#a7 ,requirement to provide notice ,a leaseholder shall provide notice to the ,secretary of the leaseholder's intent to carry out a geothermal exploration test project at least #cj days before the date on which drilling under the project will begin4 7#b7 ,review and determination ,not later than #aj days after receipt of a notice of intent under paragraph 7#a71 the ,secretary shall1 with respect to the project described in the notice of intent-- 7,a7 determine if the project qualifies for a categorical exclusion under subsection 7b72 and 7,b7 notify the leaseholder of such determination4 7#c7 ,opportunity to remedy ,if the ,secretary determines under paragraph 7#b77;,a7 that the project does not qualify for a categorical exclusion under subsection 7b71 the ,secretary shall-- 7,a7 include in such notice clear and detailed findings on any deficiencies in the project that resulted in such determination2 and 7,b7 allow the leaseholder to remedy any such deficiencies and resubmit the notice of intent under paragraph 7#a74 4 #cjc4 ,application of ,outer ,continental ,shelf ,lands ,act with respect to territories of the ,united ,states 7a7 ,in general ,section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7 is amended-- 7#a7 in subsection 7a71 by inserting before the semicolon the following3 or lying within the exclusive economic zone of the ,united ,states and the ,outer ,continental ,shelf adjacent to any territory or possession of the ,united ,states1 except that such term shall not include any area conveyed by ,congress to a territorial government for administration2 7#b7 in subsection 7p71 by striking and after the semicolon at the end2 7#c7 in subsection 7q71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7r7 ,the term ,state means the several ,states1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands4 4 7b7 ,exclusions ,section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd71 as amended by section #bjf of this ,act1 is further amended by adding at the end the following3 7k7 ,exclusions ,this section shall not apply to the scheduling of lease sales in the ,outer ,continental ,shelf adjacent to the territories and possessions of the ,united ,states4 4 #cjd4 ,disposition of revenues with respect to territories of the ,united ,states ,section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch7 is amended-- 7#a7 by striking ,all rentals and inserting the following3 7a7 ,in general ,except as otherwise provided in law1 all rentals 2 and 7#b7 by adding at the end the following3 7b7 ,disposition of revenues to territories of the united states ,of the bonuses1 rentals1 royalties1 and other sums paid to the ,secretary under this ,act from a lease for an area of land on the ,outer ,continental ,shelf adjacent to a territory and lying within the exclusive economic zone of the ,united ,states pertaining to such territory1 and not otherwise obligated or appropriated-- 7#a7 #ej percent shall be deposited in the ,treasury and credited to miscellaneous receipts2 7#b7 #ab4e percent shall be deposited in the ,coral ,reef ,conservation ,fund established under section #baa of the ,coral ,reef ,conservation ,act of #bjjj2 and 7#c7 #cg4e percent shall be disbursed to territories of the ,united ,states in an amount for each territory 7based on a formula established by the ,secretary by regulation7 that is inversely proportional to the respective distance between the point on the coastline of the territory that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract4 4 #cje4 ,wind lease sales for areas of ,outer ,continental ,shelf 7a7 ,conditional wind lease sales in territories of the ,united ,states ,the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 is amended by adding at the end the following3 #cc4 ,wind lease sales for areas of ,outer ,continental ,shelf 7a7 ,authorization ,the ,secretary may conduct wind lease sales on the ,outer ,continental ,shelf4 7b7 ,wind lease sale procedure ,any wind lease sale conducted under this section shall be considered a lease under section #h7p74 7c7 ,wind lease sales off coasts of territories of the ,united ,states 7#a7 ,study on feasibility of conducting wind lease sales 7,a7 ,in general ,the ,secretary shall conduct a study on the feasibility1 including the technological and long-term economic feasibility1 of conducting wind lease sales on an area of the ,outer ,continental ,shelf within the territorial jurisdiction of ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,commonwealth of ,puerto ,rico1 and the ,united ,states ,virgin ,islands4 7,b7 ,consultation ,in conducting the study required in paragraph 7,a71 the ,secretary shall consult-- 7i7 the ,national ,laboratories1 as that term is defined in section #b7c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja7c772 7ii7 the ,governor of each of ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,commonwealth of ,puerto ,rico1 and the ,united ,states ,virgin ,islands2 and 7iii7 the ,national ,oceanic and ,atmospheric ,administration1 including the ,office of ,national ,marine ,sanctuaries and the ,national ,marine ,fisheries ,service4 7,c7 ,publication ,the findings and determinations of the study required in subparagraph 7,a7 shall be published in the ,federal ,register and open for public comment for not fewer than #fj days4 7,d7 ,submission of results ,not later than #ah months after the date of enactment of this section1 the ,secretary shall submit the results of the study conducted under subparagraph 7,a7 to-- 7i7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7iii7 each of the delegates or resident commissioner to the ,house of ,representatives from ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,commonwealth of ,puerto ,rico1 and the ,united ,states ,virgin ,islands1 respectively4 7,e7 ,public availability ,the findings and determinations of the study published under subparagraph 7,c7 shall be made readily available on a public website4 7#b7 ,call for information and nominations ,the ,secretary shall issue a call for information and nominations for proposed wind lease sales for areas determined to be feasible under the study conducted under paragraph 7#a74 7#c7 ,conditional wind lease sales 7,a7 ,in general ,for each territory specified in paragraph 7#a71 the ,secretary shall conduct not less than one wind lease sale on an area of the ,outer ,continental ,shelf within the territorial jurisdiction of each such territory that meets each of the following criteria3 7i7 ,the study required under paragraph 7#a7 concluded that a wind lease sale on the area is feasible4 7ii7 ,the ,secretary has determined that the call for information has generated sufficient interest for the area4 7iii7 ,the ,secretary has consulted with the ,secretary of ,defense regarding such a sale4 7,b7 ,exception ,if no area of the ,outer ,continental ,shelf within the territorial jurisdiction of a territory meets each of the criteria in clauses 7i7 through 7iii7 of subparagraph 7,a71 the requirement under subparagraph 7,a7 shall not apply to such territory4 4 #cjf4 ,establishment of ,coral ,reef ,conservation ,fund 7a7 ,in general ,the ,coral ,reef ,conservation ,act of #bjjj 7#af ,u4,s4,c4 #fdja et seq47 is amended by adding at the end the following3 #baa4 ,coral ,reef ,conservation ,fund 7a7 ,establishment ,there is established in the ,treasury the ,coral ,reef ,conservation ,fund1 7in this section referred to as the ,fund74 7b7 ,deposits ,for each fiscal year1 there shall be deposited in the ,fund the portion of such revenues due and payable to the ,united ,states under subsection 7b77#b7 of section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch74 7c7 ,uses ,amounts deposited in the ,fund under this section and appropriated to the ,secretary of ,commerce under subsection 7f7 shall be used by the ,secretary of ,commerce to carry out this ,act1 with priority given to carrying out sections #bjd and #bjf4 7d7 ,availability ,amounts deposited in the ,fund shall remain in the ,fund until appropriated by ,congress4 7e7 ,reporting ,the ,president shall include with the proposed budget for the ,united ,states ,government submitted to ,congress for a fiscal year a comprehensive statement of deposits into the ,fund during the previous fiscal year and estimated requirements during the following fiscal year for appropriations from the ,fund4 7f7 ,authorization of appropriations ,there is authorized to be appropriated from the ,fund to the ,secretary of ,commerce1 an amount equal to the amount deposited in the ,fund in the previous fiscal year4 7g7 ,no limitation ,appropriations from the ,fund pursuant to this section may be made without fiscal year limitation4 4 7b7 ,renaming of existing fund ,section #bje of the ,coral ,reef ,conservation ,act of #bjjj 7#af ,u4,s4,c4 #fdjd7 is amended-- 7#a7 in the heading1 by striking ,coral reef conservation fund and inserting ,coral ,reef ,public-,private ,partnership2 7#b7 in subsection 7a7-- 7,a7 in the subsection heading1 by striking ,fund and inserting ,public-,private ,partnership2 and 7,b7 by striking 1 hereafter referred to as the ,fund12 and 7#c7 in subsection 7b71 by striking ,fund and inserting separate interest bearing account4 #cjg4 ,parity in offshore wind revenue sharing 7a7 ,payments and revenues ,section #h7p77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking 7,a7 ,the ,secretary and inserting the following3 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the ,secretary 2 7#b7 in subparagraph 7,b71 by striking 7,b7 ,the ,secretary and inserting the following3 7,b7 ,disposition of revenues for projects located within #c nautical miles seaward of state submerged land ,the ,secretary 2 and 7#c7 by adding at the end the following3 7,c7 ,disposition of revenues for offshore wind projects in certain areas 7i7 ,definitions ,in this subparagraph3 7,i7 ,covered offshore wind project ,the term covered offshore wind project means a wind powered electric generation project in a wind energy area on the outer ,continental ,shelf that is not wholly or partially located within an area subject to subparagraph 7,b74 7,,ii7 ,eligible state ,the term eligible ,state means a ,state a point on the coastline of which is located within #ge miles of the geographic center of the covered offshore wind project4 7ii7 ,requirement 7,i7 ,in general ,of the operating fees1 rentals1 bonuses1 royalties1 and other payments that are paid to the ,secretary under subparagraph 7,a7 from covered offshore wind projects-- 7aa7 #ab4e percent shall be deposited in the ,treasury and credited to miscellaneous receipts2 7bb7 #cg4e percent shall be deposited in the ,north ,american ,wetlands ,conservation ,fund2 7cc7 #ej percent shall be deposited in a special account in the ,treasury1 from which the ,secretary1 subject to subclause 7,,ii71 shall disburse to each eligible ,state an amount 7based on a formula established by the ,secretary of the ,interior by rulemaking not later than #ahj days after the date of enactment of the ,american ,energy ,first ,act7 that is inversely proportional to the respective distances between-- 7,,aa7 the point on the coastline of each eligible ,state that is closest to the geographic center of the applicable leased tract2 and 7,,bb7 the geographic center of the leased tract4 7,,ii7 ,wind revenue sharing allocations 7aa7 ,minimum ,allocation ,the amount allocated to an eligible ,state each fiscal year under item 7cc7 of subclause 7,i7 shall be at least #aj percent of the amounts available under that item4 7bb7 ,payments to ,coastal ,political ,subdivisions 7,,aa7 ,in general ,the ,secretary shall pay #bj percent of the allocable share of each ,gulf producing ,state1 as determined under paragraphs 7#a7 and 7#b7 of section #aje7;b7 of the ,gulf of ,mexico ,energy ,security ,act 7#dc ,u4,s4,c4 #acca note71 to the coastal political subdivisions of the ,gulf producing ,state4 7,,bb7 ,allocation ,the amount paid by the ,secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs 7,b71 7,c71 and 7,e7 of section #ca7;b77#d7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acef;a7b77#d774 7iii7 ,timing ,the amounts required to be deposited under item 7cc7 of clause 7ii77,i7 for the applicable fiscal year shall be made available in accordance with that item during the fiscal year immediately following the applicable fiscal year4 7iv7 ,authorized uses 7,i7 ,in general ,subject to subclause 7,,ii71 each ,state shall use all amounts received under clause 7ii77,i77cc7 in accordance with all applicable ,federal and ,state laws1 only for #a or more of the following purposes3 7aa7 ,projects and activities for the purposes of coastal protection1 including conservation1 coastal restoration1 hurricane protection1 and infrastructure directly affected by coastal wetland losses4 7bb7 ,mitigation of damage to fish1 wildlife1 or natural resources1 including through fisheries science and research4 7cc7 ,implementation of a federally approved marine1 coastal1 or comprehensive conservation management plan4 7dd7 ,mitigation of the impact of outer ,continental ,shelf activities through the funding of onshore infrastructure projects4 7ee7 ,planning assistance and the administrative costs of complying with this section4 7,,ii7 ,limitation ,of the amounts received by a ,state under clause 7ii77,i77cc71 not more than #c percent shall be used for the purposes described in subclause 7,i77ee74 7v7 ,administration ,subject to clause 7vi77,,iii71 amounts made available under clauses 7ii77,i77aa7 and 7ii77,i77cc7 shall-- 7,i7 be made available1 without further appropriation1 in accordance with this paragraph2 7,,ii7 remain available until expended2 and 7,,iii7 be in addition to any amount appropriated under any other ,act4 7vi7 ,reporting requirement 7,i7 ,in general ,not later than #ahj days after the end of each fiscal year1 the ,governor of each eligible ,state that receives amounts under clause 7ii77,i77cc7 for the applicable fiscal year shall submit to the ,secretary a report that describes the use of the amounts by the eligible ,state during the period covered by the report4 7,,ii7 ,public availability ,on receipt of a report under subclause 7,i71 the ,secretary shall make the report available to the public on the website of the ,department of the ,interior4 7,,iii7 ,limitation ,if the ,governor of an eligible ,state that receives amounts under clause 7ii77,i77cc7 for the applicable fiscal year fails to submit the report required under subclause 7,i7 by the deadline specified in that subclause1 any amounts that would otherwise be provided to the eligible ,state under clause 7ii77,i77cc7 for the succeeding fiscal year shall be deposited in the ,treasury and credited to miscellaneous receipts4 4 7b7 ,exemption of certain payments from sequestration 7#a7 ,in general ,section #bee7;g77#a77;,a7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ije7;g77#a77;,a77 is amended by inserting after ,payments to ,social ,security ,trust ,funds 7#bh-jdjd-j-a-fea74 the following3 ,payments to ,states pursuant to subparagraph 7,c77ii77,i77cc7 of section #h7p77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#b774 4 7#b7 ,applicability ,the amendment made by this subsection shall apply to any sequestration order issued under the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj et seq47 on or after the date of enactment of this ,act4 #cjh4 ,energy and environmental remediation demonstration project for biochar 7a7 ,demonstration projects 7#a7 ,establishment 7,a7 ,in general ,not later than #b years after the date of the enactment of this section1 the ,secretary shall establish a program to enter into partnerships with eligible entities to carry out demonstration projects to support the development and commercialization of biochar in accordance with this subsection4 7,b7 ,location of demonstration projects ,the ,secretary shall1 to the maximum extent practicable1 establish biochar demonstration projects in geographically diverse regions4 7#b7 ,proposals ,to be eligible to enter into a partnership to carry out a biochar demonstration project under paragraph 7#a77;,a71 an eligible entity shall submit to the ,secretary a proposal at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,priority ,in selecting proposals under paragraph 7#b71 the ,secretary shall give priority to partnering with eligible entities that submit proposals to carry out biochar demonstration projects that-- 7,a7 have the most carbon sequestration potential2 7,b7 will create new jobs and contribute to local economies1 particularly in rural areas2 7,c7 will demonstrate-- 7i7 new and innovative uses of biochar2 7ii7 viable markets for cost-effective biochar-based products2 7iii7 the ecosystem services of biochar2 or 7iv7 any combination of purposes specified in clauses 7i7 through 7iii72 7,d7 are located in local markets that have the greatest need for the biochar production units due to-- 7i7 availability of sufficient quantities of feedstocks2 or 7ii7 a high level of demand for biochar or other commercial byproducts of biochar2 or 7,e7 meet any combination of criteria specified in subparagraphs 7,a7 through 7,d74 7#d7 ,use of funds ,in carrying out the program established under paragraph 7#a77;,a71 the ,secretary may enter into partnerships and provide funding to carry out demonstration projects that-- 7,a7 acquire and test various feedstocks and their efficacy2 7,b7 develop and optimize commercially and technologically viable biochar production units1 including mobile and permanent units2 7,c7 build1 expand1 or establish biochar facilities2 7,d7 conduct research on new and innovative uses of biochar or demonstrate cost-effective market opportunities for biochar and biochar-based products2 7,e7 carry out any other activities the ,secretary determines appropriate2 or 7,f7 meet any combination of the criteria specified in subparagraphs 7,a7 through 7,e74 7#e7 ,review of biochar demonstration 7,a7 ,in general ,the ,secretary shall conduct regionally specific research1 including economic analyses and life-cycle assessments1 on the biochar produced from the demonstration projects under this subsection1 including-- 7i7 the effects of such biochar on-- 7,i7 carbon capture and sequestration1 including increasing soil carbon in the short term and long term2 7,,ii7 environmental remediation activities1 including abandoned mine land remediation2 and 7,,iii7 other ecosystem services of biochar2 7ii7 the efficacy of biochar as a coproduct of biofuels or in biochemicals2 and 7iii7 whether biochar can effectively be used to produce any other technologically and commercially viable outcome4 7,b7 ,coordination ,the ,secretary shall1 to the maximum extent practicable1 provide data1 analysis1 and other relevant information collected under subparagraph 7,a7 to eligible institutions conducting research and development activities on biochar4 7#f7 ,limitation on funding for establishing biochar facilities ,in the case of an eligible entity that enters into a partnership to carry out a biochar demonstration project under this subsection and seeks to establish a biochar facility under such demonstration project1 the ,secretary may not provide funding to such eligible entity in an amount greater than #ce percent of the capital cost of establishing such biochar facility4 7b7 ,reports 7#a7 ,report to congress ,not later than #b years after the date of the enactment of this section1 the ,secretary shall submit a report to ,congress that-- 7,a7 includes policy and program recommendations to improve the widespread use of biochar2 7,b7 identifies the areas of research needed to advance biochar commercialization and opportunities to expand markets for biochar and create jobs1 particularly in rural areas2 7,c7 identifies barriers to further biochar commercialization1 including permitting and siting considerations2 and 7,d7 identifies best management practices of biochar and biochar-based products to maximize-- 7i7 carbon sequestration benefits2 7ii7 applications in environmental remediation1 including abandoned mine land remediation2 and 7iii7 applications as a coproduct of biofuels or in biochemicals4 7#b7 ,president's annual budget request ,beginning #b years after the date of the enactment of this section and annually until the date described in subsection 7c71 the ,secretary shall include in the budget materials submitted to ,congress in support of the ,president's annual budget request 7submitted to ,congress pursuant to section #aaje of title #ca1 ,united ,states ,code7 for each fiscal year a report on the status of the demonstration projects carried out under subsection 7a74 7c7 ,sunset ,the authority to carry out this section shall terminate on the date that is #aj years after the date of the enactment of this section4 7d7 ,definitions ,in this section3 7#a7 ,biochar ,the term biochar means carbonized biomass produced by converting feedstock through reductive thermal processing for nonfuel uses4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 ,state1 local1 and ,tribal governments2 7,b7 eligible institutions2 and 7,c7 private1 nonprivate1 or cooperative entities4 7#c7 ,eligible institution ,the term eligible institution means land-grant colleges and universities1 including institutions eligible for funding under the-- 7,a7 ,act of ,july #b1 #ahfb2 7,b7 ,act of ,august #cj1 #ahij1 including ,tuskegee ,university2 7,c7 ,public ,law #hg-ghh 7commonly known as the ,mc,intire-,stennis ,act of #aifb72 or 7,d7 ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note74 7#d7 ,feedstock ,the term feedstock means excess biomass in the form of plant matter or materials that serves as the raw material for the production of biochar4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,,iv ,limitations on ,leasing ,moratoriums #dja4 ,coal leases ,section #b7;a77#a7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bja7;a77#a77 is amended by striking in his discretion1 upon the request of any qualified applicant or on his own motion from time to time and inserting at the ,secretary's discretion or upon the request of any qualified applicant4 #djb4 ,congressional authority requirement ,notwithstanding any other provision of law1 the ,secretary of the ,interior may not declare a moratorium on the leasing of ,federal lands1 including on the ,outer ,continental ,shelf1 for the drilling1 mining1 or collection of oil1 gas1 or coal1 or related activities unless such moratorium is authorized by an ,act of ,congress4 #djc4 ,prohibition on moratoria of new energy leases on certain ,federal land and on withdrawal of ,federal land from energy development 7a7 ,definitions ,in this section-- 7#a7 the term critical mineral means any mineral included on the list of critical minerals published in the notice of the ,secretary of the ,interior entitled ,final ,list of ,critical ,minerals #bjah 7#hc ,fed4 ,reg4 #bcbie 7,may #ah1 #bjah772 7#b7 the term ,federal land-- 7,a7 means-- 7i7 ,national ,forest ,system land2 7ii7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb772 7iii7 the ,outer ,continental ,shelf 7as defined in section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca772 and 7iv7 land managed by the ,secretary of ,energy2 and 7,b7 includes land described in clauses 7i7 through 7iv7 of subparagraph 7,a7 for which the rights to the surface estate or subsurface estate are owned by a non-,federal entity2 and 7#c7 the term ,president means the ,president or any designee1 including-- 7,a7 the ,secretary of ,agriculture2 7,b7 the ,secretary of ,energy2 and 7,c7 the ,secretary of the ,interior4 7b7 ,prohibitions 7#a7 ,in general ,notwithstanding any other provision of law1 the ,president may not carry out any action that would prohibit or substantially delay the issuance of any of the following on ,federal land1 unless such an action has been authorized by an ,act of ,congress3 7,a7 ,new oil and gas leases1 drill permits1 approvals1 or authorizations4 7,b7 ,new coal leases1 permits1 approvals1 or authorizations4 7,c7 ,new hard rock leases1 permits1 approvals1 or authorizations4 7,d7 ,new critical minerals leases1 permits1 approvals1 or authorizations4 7#b7 ,prohibition on withdrawal ,notwithstanding any other provision of law1 the ,president may not withdraw any ,federal land from forms of entry1 appropriation1 or disposal under the public land laws1 location1 entry1 and patent under the mining laws1 or disposition under laws pertaining to mineral and geothermal leasing or mineral materials unless the withdrawal has been authorized by an ,act of ,congress4