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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4239 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 781
115th CONGRESS
  2d Session
                                H. R. 4239

                         [Report No. 115-1000]

     To distribute revenues from oil and gas leasing on the outer 
    Continental Shelf to certain coastal States, to require sale of 
 approved offshore oil and gas leases, to promote offshore wind lease 
 sales, and to empower States to manage the development and production 
   of oil and gas on available Federal land, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2017

 Mr. Scalise (for himself, Mr. Bishop of Utah, Mr. Gonzalez of Texas, 
 and Mr. Cuellar) introduced the following bill; which was referred to 
                   the Committee on Natural Resources

                            November 2, 2018

 Additional sponsors: Mr. Gosar, Mr. Cramer, Mr. Pearce, Mr. Lamborn, 
   Mrs. Radewagen, Mr. Weber of Texas, Mr. LaMalfa, Mr. Hudson, Mr. 
Flores, Mr. Duncan of South Carolina, Mr. Young of Alaska, Mr. Abraham, 
                              and Mr. Brat

                            November 2, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           November 3, 2017]

_______________________________________________________________________

                                 A BILL

 
     To distribute revenues from oil and gas leasing on the outer 
    Continental Shelf to certain coastal States, to require sale of 
 approved offshore oil and gas leases, to promote offshore wind lease 
 sales, and to empower States to manage the development and production 
   of oil and gas on available Federal land, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Strengthening the 
Economy with Critical Untapped Resources to Expand American Energy 
Act'' or the ``SECURE American Energy Act''.
    (b) Table of Contents.--The table of contents for this Act is the 
following:

Sec. 1. Short title; table of contents.

                           TITLE I--OFFSHORE

Sec. 101. Short title.
Sec. 102. Disposition of revenues from oil and gas leasing on the outer 
                            Continental Shelf to producing States.
Sec. 103. Limitations on the amount of distributed qualified outer 
                            Continental Shelf revenues under the Gulf 
                            of Mexico Energy Security Act of 2006.
Sec. 104. Limitation of authority of the President to withdraw areas of 
                            the outer Continental Shelf from oil and 
                            gas leasing.
Sec. 105. Modification to the outer Continental Shelf leasing program.
Sec. 106. Inspection fee collection.
Sec. 107. Arctic rule shall have no force or effect.
Sec. 108. Application of outer Continental Shelf Lands Act with respect 
                            to territories of the United States.
Sec. 109. Wind lease sales for the outer Continental Shelf.
Sec. 110. Reducing permitting delays for taking of marine mammals.
Sec. 111. Effect.

                           TITLE II--ONSHORE

Sec. 201. Short title.
Sec. 202. Cooperative federalism in oil and gas permitting on available 
                            Federal land.
Sec. 203. Conveyance to certain States of property interest in State 
                            share of royalties and other payments.
Sec. 204. Permitting on non-Federal surface estate.
Sec. 205. State and Tribal authority for hydraulic fracturing 
                            regulation.
Sec. 206. Review of Integrated Activity Plan for the National Petroleum 
                            Reserve in Alaska.
Sec. 207. Protested lease sales.
Sec. 208. Clarification regarding liability under Migratory Bird Treaty 
                            Act.

                           TITLE I--OFFSHORE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Accessing Strategic Resources 
Offshore Act'' or the ``ASTRO'' Act.

SEC. 102. DISPOSITION OF REVENUES FROM OIL AND GAS LEASING ON THE OUTER 
              CONTINENTAL SHELF TO PRODUCING STATES.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended--
            (1) by striking ``All rentals'' and inserting the 
        following:
    ``(a) In General.--Except as otherwise provided in this section, 
all rentals''; and
            (2) by adding at the end the following:
    ``(b) Distribution of Revenue to Producing States.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered planning area.--
                            ``(i) In general.--Subject to clause (ii), 
                        the term `covered planning area' means each of 
                        the following planning areas, as such planning 
                        areas are generally depicted in the later of 
                        the 2017-2022 Outer Continental Shelf Oil and 
                        Gas Leasing Proposed Final Program, dated 
                        November 2016, or a subsequent oil and gas 
                        leasing program developed under section 18 of 
                        the Outer Continental Shelf Lands Act (43 
                        U.S.C. 1344):
                                    ``(I) Mid-Atlantic.
                                    ``(II) South Atlantic.
                                    ``(III) Any planning area located 
                                off the coast of Alaska.
                            ``(ii) Exclusions.--The term `covered 
                        planning area' does not include any area in the 
                        Atlantic--
                                    ``(I) north of the southernmost 
                                lateral seaward administrative boundary 
                                of the State of Maryland; or
                                    ``(II) south of the northernmost 
                                lateral seaward administrative boundary 
                                of the State of Florida.
                    ``(B) Producing state.--The term `producing State' 
                means each of the following States:
                            ``(i) Virginia.
                            ``(ii) North Carolina.
                            ``(iii) South Carolina.
                            ``(iv) Georgia.
                            ``(v) Alaska.
                    ``(C) Qualified revenues.--
                            ``(i) In general.--The term `qualified 
                        revenues' means revenues derived from rentals, 
                        royalties, bonus bids, and other sums due and 
                        payable to the United States under oil and gas 
                        leases entered into on or after the date of the 
                        enactment of this Act for an area in a covered 
                        planning area.
                            ``(ii) Exclusions.--The term `qualified 
                        revenues' does not include--
                                    ``(I) revenues from the forfeiture 
                                of a bond or other surety securing 
                                obligations other than royalties, civil 
                                penalties, or royalties taken by the 
                                Secretary in-kind and not sold;
                                    ``(II) revenues generated from 
                                leases subject to section 8(g); and
                                    ``(III) the portion of rental 
                                revenues in excess of those that would 
                                have been collected at the rental rates 
                                in effect before August 5, 1993.
            ``(2) Deposit of qualified revenues.--
                    ``(A) Phase i.--With respect to qualified revenues 
                under leases awarded under the first leasing program 
                approved under section 18(a) that takes effect after 
                the date of the enactment of this section, the 
                Secretary of the Treasury shall deposit or allocate, as 
                applicable--
                            ``(i) 87.5 percent into the general fund of 
                        the Treasury; and
                            ``(ii) 12.5 percent to States in accordance 
                        with paragraph (3).
                    ``(B) Phase ii.--With respect to qualified revenues 
                under leases awarded under the second leasing program 
                approved under section 18(a) that takes effect after 
                the date of the enactment of this section, the 
                Secretary of the Treasury shall deposit or allocate, as 
                applicable--
                            ``(i) 75 percent into the general fund of 
                        the Treasury; and
                            ``(ii) 25 percent to States in accordance 
                        with paragraph (3).
                    ``(C) Phase iii.--With respect to qualified 
                revenues under leases awarded under the third leasing 
                program approved under section 18(a) that takes effect 
                after the date of the enactment of this section and 
                under any such leasing program subsequent to such third 
                leasing program, the Secretary of the Treasury shall 
                deposit or allocate, as applicable--
                            ``(i) 50 percent into the general fund of 
                        the Treasury; and
                            ``(ii) 50 percent into a special account in 
                        the Treasury from which the Secretary of the 
                        Treasury shall disburse--
                                    ``(I) 75 percent to States in 
                                accordance with paragraph (3);
                                    ``(II) 12.5 percent to the 
                                Secretary of Transportation for energy 
                                infrastructure development in coastal 
                                ports; and
                                    ``(III) 12.5 percent to the 
                                Secretary of the Interior for units of 
                                the National Park System.
            ``(3) Allocation to producing states.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary of the Treasury shall allocate the qualified 
                revenues distributed to States under paragraph (2) to 
                each producing State in an amount based on a formula 
                established by the Secretary of the Interior, by 
                regulation, that--
                            ``(i) is inversely proportional to the 
                        respective distances between--
                                    ``(I) the point on the coastline of 
                                the producing State that is closest to 
                                the geographical center of the 
                                applicable leased tract; and
                                    ``(II) the geographical center of 
                                that leased tract;
                            ``(ii) does not allocate qualified revenues 
                        to any producing State that is further than 200 
                        nautical miles from the leased tract; and
                            ``(iii) allocates not less than 10 percent 
                        of qualified revenues to each producing State 
                        that is 200 or fewer nautical miles from the 
                        leased tract.
                    ``(B) Payments to coastal political subdivisions.--
                            ``(i) In general.--The Secretary of the 
                        Treasury shall pay 20 percent of the allocable 
                        share of each producing State determined under 
                        this paragraph to the coastal political 
                        subdivisions of the producing State.
                            ``(ii) Allocation.--The amount paid by the 
                        Secretary of the Treasury to coastal political 
                        subdivisions shall be allocated to each coastal 
                        political subdivision in accordance with 
                        subparagraphs (B) and (E) of section 31(b)(4).
                            ``(iii) Definition of coastal political 
                        subdivision.--In this subparagraph, the term 
                        `coastal political subdivision' means--
                                    ``(I) with respect to a contiguous 
                                coastal State, a political subdivision 
                                of such State, any part of which is--
                                            ``(aa) within the coastal 
                                        zone of the State (as defined 
                                        in section 304 of the Coastal 
                                        Zone Management 2 Act of 1972 
                                        (16 U.S.C. 1453)); and
                                            ``(bb) not more than 200 
                                        nautical miles from the 
                                        geographic center of any leased 
                                        tract; and
                                    ``(II) with respect to a 
                                noncontiguous coastal State--
                                            ``(aa) a county-equivalent 
                                        subdivision of the State for 
                                        which--

                                                    ``(AA) all or part 
                                                lies within the coastal 
                                                zone of the State (as 
                                                defined in section 304 
                                                of the Coastal Zone 
                                                Management Act of 1972 
                                                (16 U.S.C. 1453)); and

                                                    ``(BB) the closest 
                                                coastal point is not 
                                                more than 200 nautical 
                                                miles from the 
                                                geographical center of 
                                                any leased tract on the 
                                                outer Continental 
                                                Shelf; or

                                            ``(bb) a municipal 
                                        subdivision of the State for 
                                        which--

                                                    ``(AA) the closest 
                                                point is more than 200 
                                                nautical miles from the 
                                                geographical center of 
                                                a leased tract on the 
                                                outer Continental 
                                                Shelf; and

                                                    ``(BB) the State 
                                                has determined to be a 
                                                significant staging 
                                                area for oil and gas 
                                                servicing, supply 
                                                vessels, operations, 
                                                suppliers, or workers.

            ``(4) Administration.--Amounts made available under 
        paragraph (2)(B) shall--
                    ``(A) be made available, without further 
                appropriation, in accordance with this subsection;
                    ``(B) remain available until expended;
                    ``(C) be in addition to any amounts appropriated 
                under--
                            ``(i) chapter 2003 of title 54, United 
                        States Code;
                            ``(ii) any other provision of this Act; and
                            ``(iii) any other provision of law; and
                    ``(D) be made available during the fiscal year 
                immediately following the fiscal year in which such 
                amounts were received.''.

SEC. 103. LIMITATIONS ON THE AMOUNT OF DISTRIBUTED QUALIFIED OUTER 
              CONTINENTAL SHELF REVENUES UNDER THE GULF OF MEXICO 
              ENERGY SECURITY ACT OF 2006.

    Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 
(43 U.S.C. 1331 note) is amended to read as follows:
            ``(1) In general.--The total amount of qualified outer 
        Continental Shelf revenues described in section 102(9)(A)(ii) 
        that are made available under subsection (a)(2) shall remain 
        available until expended and shall not exceed--
                    ``(A) for each of fiscal years 2019 through 2028, 
                $500,000,000; and
                    ``(B) for each of fiscal years 2029 through 2059, 
                $649,800,000.''.

SEC. 104. LIMITATION OF AUTHORITY OF THE PRESIDENT TO WITHDRAW AREAS OF 
              THE OUTER CONTINENTAL SHELF FROM OIL AND GAS LEASING.

    (a) Limitation on Withdrawal From Disposition of Lands on the Outer 
Continental Shelf.--Section 12 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1341) is amended by amending subsection (a) to read as 
follows:
    ``(a) Limitation on Withdrawal.--
            ``(1) In general.--Except as otherwise provided in this 
        section, no lands of the outer Continental Shelf may be 
        withdrawn from disposition except by an Act of Congress.
            ``(2) National marine sanctuaries.--The President may 
        withdraw from disposition any of the unleased lands of the 
        outer Continental Shelf located in a national marine sanctuary 
        designated in accordance with the National Marine Sanctuaries 
        Act (16 U.S.C. 1431 et seq.) or otherwise by statute.
            ``(3) Existing withdrawals.--
                    ``(A) In general.--Except for the withdrawals 
                listed in subparagraph (B), any withdrawal from 
                disposition of lands on the outer Continental Shelf 
                before the date of the enactment of this subsection 
                shall have no force or effect.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                to the following withdrawals:
                            ``(i) Any withdrawal in a national marine 
                        sanctuary designated in accordance with the 
                        National Marine Sanctuaries Act.
                            ``(ii) Any withdrawal in a national 
                        monument declared under section 320301 of title 
                        54, United States Code, or the Act of June 8, 
                        1906 (ch. 3060; 34 Stat. 225).
                            ``(iii) Any withdrawal in the North 
                        Aleutian Basin Planning Area, including Bristol 
                        Bay.''.
    (b) Termination of Authority To Establish Marine National 
Monuments.--Section 320301 of title 54, United States Code, is amended 
by adding at the end the following:
    ``(e) Limitation on Marine National Monuments.--
            ``(1) In general.--Notwithstanding subsections (a) and (b), 
        the President may not declare or reserve any ocean waters (as 
        such term is defined in section 3 of the Marine Protection, 
        Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402)) or 
        lands beneath ocean waters as a national monument.
            ``(2) Marine national monuments designated before the date 
        of the enactment of this subsection.--This subsection shall not 
        affect any national monument designated by the President before 
        the date of the enactment of this Act.''.

SEC. 105. MODIFICATION TO THE OUTER CONTINENTAL SHELF LEASING PROGRAM.

    Section 18(e) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344(e)) is amended by adding at the end the following: ``The Secretary 
shall include in any such revised leasing program each unexecuted lease 
sale that was included in the most recent leasing program and the 
Secretary shall execute each such lease sale as close as practicable to 
the time specified in the most recent leasing program. Section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332) shall be deemed to have been satisfied with respect to the 
execution of such unexecuted lease sales if the Secretary, in the 
Secretary's sole discretion, determines that such section was satisfied 
with respect to such unexecuted lease sales for the most recent leasing 
program.''.

SEC. 106. INSPECTION FEE COLLECTION.

    Section 22 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1348) is amended by adding at the end the following:
    ``(g) Inspection Fees.--
            ``(1) Establishment.--The Secretary of the Interior shall 
        collect from the operators of facilities subject to inspection 
        under subsection (c) non-refundable fees for such inspections--
                    ``(A) at an aggregate level equal to the amount 
                necessary to offset the annual expenses of inspections 
                of outer Continental Shelf facilities (including mobile 
                offshore drilling units) by the Secretary of the 
                Interior; and
                    ``(B) using a schedule that reflects the 
                differences in complexity among the classes of 
                facilities to be inspected.
            ``(2) Ocean energy safety fund.--There is established in 
        the Treasury a fund, to be known as the `Ocean Energy Safety 
        Fund' (referred to in this subsection as the `Fund'), into 
        which shall be deposited all amounts collected as fees under 
        paragraph (1) and which shall be available as provided under 
        paragraph (3).
            ``(3) Availability of fees.--
                    ``(A) In general.--Notwithstanding section 3302 of 
                title 31, United States Code, all amounts deposited in 
                the Fund--
                            ``(i) shall be credited as offsetting 
                        collections;
                            ``(ii) shall be available for expenditure 
                        for purposes of carrying out inspections of 
                        outer Continental Shelf facilities (including 
                        mobile offshore drilling units) and the 
                        administration of the inspection program under 
                        this section;
                            ``(iii) shall be available only to the 
                        extent provided for in advance in an 
                        appropriations Act; and
                            ``(iv) shall remain available until 
                        expended.
                    ``(B) Use for field offices.--Not less than 75 
                percent of amounts in the Fund may be appropriated for 
                use only for the respective Department of the Interior 
                field offices where the amounts were originally 
                assessed as fees.
            ``(4) Initial fees.--Fees shall be established under this 
        subsection for the fiscal year in which this subsection takes 
        effect and the subsequent 10 years, and shall not be raised, 
        except as determined by the Secretary to be appropriate as an 
        adjustment equal to the percentage by which the Consumer Price 
        Index for the month of June of the calendar year preceding the 
        adjustment exceeds the Consumer Price Index for the month of 
        June of the calendar year in which the fee was determined or 
        last adjusted.
            ``(5) Annual fees.--Annual fees shall be collected under 
        this subsection for facilities that are above the waterline, 
        excluding drilling rigs, and are in place at the start of the 
        fiscal year. Fees for fiscal year 2019 shall be--
                    ``(A) $10,500 for facilities with no wells, but 
                with processing equipment or gathering lines;
                    ``(B) $17,000 for facilities with 1 to 10 wells, 
                with any combination of active or inactive wells; and
                    ``(C) $31,500 for facilities with more than 10 
                wells, with any combination of active or inactive 
                wells.
            ``(6) Fees for drilling rigs.--Fees shall be collected 
        under this subsection for drilling rigs on a per inspection 
        basis. Fees for fiscal year 2019 shall be--
                    ``(A) $30,500 per inspection for rigs operating in 
                water depths of 1,000 feet or more; and
                    ``(B) $16,700 per inspection for rigs operating in 
                water depths of less than 1,000 feet.
            ``(7) Billing.--The Secretary shall bill designated 
        operators under paragraph (5) annually, with payment required 
        within 30 days of billing. The Secretary shall bill designated 
        operators under paragraph (6) within 30 days of the end of the 
        month in which the inspection occurred, with payment required 
        within 30 days after billing.
            ``(8) Annual reports.--
                    ``(A) In general.--Not later than 60 days after the 
                end of each fiscal year beginning with fiscal year 2019 
                and ending with fiscal year 2029, the Secretary shall 
                submit to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Natural Resources of 
                the House of Representatives a report on the operation 
                of the Fund during the fiscal year.
                    ``(B) Contents.--Each report shall include, for the 
                fiscal year covered by the report, the following:
                            ``(i) A statement of the amounts deposited 
                        into the Fund.
                            ``(ii) A description of the expenditures 
                        made from the Fund for the fiscal year, 
                        including the purpose of the expenditures and 
                        the additional hiring of personnel.
                            ``(iii) A statement of the balance 
                        remaining in the Fund at the end of the fiscal 
                        year.
                            ``(iv) An accounting of pace of permit 
                        approvals.
                            ``(v) If fee increases are proposed, a 
                        proper accounting of the potential adverse 
                        economic impacts such fee increases will have 
                        on offshore economic activity and overall 
                        production.
                            ``(vi) Recommendations to increase the 
                        efficacy and efficiency of offshore 
                        inspections.
                            ``(vii) Any corrective actions levied upon 
                        offshore inspectors as a result of any form of 
                        misconduct.''.

SEC. 107. ARCTIC RULE SHALL HAVE NO FORCE OR EFFECT.

    The rule entitled ``Oil and Gas and Sulfur Operations on the Outer 
Continental Shelf - Requirements for Exploratory Drilling on the Arctic 
Outer Continental Shelf'' and published in the Federal Register on July 
15, 2016 (81 Fed. Reg. 46478), shall have no force or effect.

SEC. 108. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT 
              TO TERRITORIES OF THE UNITED STATES.

    (a) In General.--Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended--
            (1) in paragraph (a), by inserting after ``control'' the 
        following: ``or lying within the exclusive economic zone of the 
        United States'';
            (2) in paragraph (p), by striking ``and'' after the 
        semicolon at the end;
            (3) in paragraph (q), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
    ``(r) The term `State' includes each territory of the United 
States.''.
    (b) Exclusions.--
            (1) Section 4(a) of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1333) is amended by adding at the end the following:
    ``(4) This section shall not apply to the territories and 
possessions of the United States.''.
            (2) Section 18 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1344) is amended by adding at the end the following:
    ``(i) This section shall not apply to the scheduling of lease sales 
in the outer Continental Shelf adjacent to the territories and 
possessions of the United States.''.
    (c) Exploration Licenses and Leases.--Section 8(k) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at 
the end the following:
            ``(3) Exploration licenses and leases on outer continental 
        shelf adjacent to territories and possessions.--
                    ``(A) In general.--The Secretary is authorized to 
                grant to any qualified applicant an exploration license 
                which will provide the exclusive right to explore for 
                minerals, other than oil, gas, and sulphur, in an area 
                lying within the United States exclusive economic zone 
                and the outer Continental Shelf adjacent to any 
                territory or possession of the United States.
                    ``(B) Application.--Subsection (a) shall not apply 
                to any area conveyed by Congress to a territorial 
                government for administration.
                    ``(C) Exploration license duration.--Exploration 
                licenses granted under this paragraph will be issued 
                for a period pursuant to regulations prescribed by the 
                Secretary.
                    ``(D) Lease.--Upon showing to the satisfaction of 
                the Secretary that valuable mineral deposits have been 
                discovered by the licensee within the area described by 
                the exploration license of the licensee, the licensee 
                will be entitled to a lease for any or all of that area 
                at a royalty rate established by regulation and lease 
                terms.
                    ``(E) Lease duration.--Leases under this section 
                will be issued for a period established by regulation 
                with a preferential right in the lessee to renew.''.

SEC. 109. WIND LEASE SALES FOR THE OUTER CONTINENTAL SHELF.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is 
amended by adding at the end the following:

``SEC. 33. WIND LEASE SALES FOR THE OUTER CONTINENTAL SHELF.

    ``(a) Authorization.--The Secretary may conduct wind lease sales 
for the outer Continental Shelf.
    ``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted 
under this section shall be considered a lease under section 8(p).
    ``(c) Wind Lease Sale Off Coast of California.--The Secretary, in 
consultation with the Secretary of Defense, shall offer a wind lease 
sale for the outer Continental Shelf off the coast of California as 
soon as practicable, but not later than one year after the date of 
enactment of this section.
    ``(d) Wind Lease Sales Off Coast of Puerto Rico, Virgin Islands of 
the United States, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands.--
            ``(1) Study on feasibility of conducting wind lease sales 
        off coast of puerto rico, virgin islands of the united states, 
        guam, american samoa, and the commonwealth of the northern 
        mariana islands.--
                    ``(A) Study.--The Secretary shall conduct a study 
                on the feasibility, including the long term economic 
                feasibility, of conducting wind lease sales for the 
                outer Continental Shelf off the coast of Puerto Rico, 
                the Virgin Islands of the United States, Guam, American 
                Samoa, and the Commonwealth of the Northern Mariana 
                Islands.
                    ``(B) Submission of results.--Not later than 180 
                days after the date of the enactment of this section, 
                the Secretary shall submit to Congress the results of 
                the study conducted under subparagraph (A).
            ``(2) Wind lease sales conditional upon results of study.--
                    ``(A) Wind lease sale off coast of puerto rico.--If 
                the study required under paragraph (1)(A) concludes 
                that a wind lease sale for the outer Continental Shelf 
                off the coast of Puerto Rico is feasible, then the 
                Secretary shall offer a wind lease sale for the outer 
                Continental Shelf off the coast of Puerto Rico as soon 
                as practicable, but not later than one year after the 
                date of the enactment of this section.
                    ``(B) Wind lease sale off coast of virgin islands 
                of the united states.--If the study required under 
                paragraph (1)(A) concludes that a wind lease sale for 
                the outer Continental Shelf off the coast of the Virgin 
                Islands of the United States is feasible, then the 
                Secretary shall offer a wind lease sale for the outer 
                Continental Shelf off the coast of the Virgin Islands 
                of the United States as soon as practicable, but not 
                later than one year after the date of the enactment of 
                this section.
                    ``(C) Wind lease sale off coast of guam.--If the 
                study required under paragraph (1)(A) concludes that a 
                wind lease sale for the outer Continental Shelf off the 
                coast of Guam is feasible, then the Secretary shall 
                offer a wind lease sale for the outer Continental Shelf 
                off the coast of Guam as soon as practicable, but not 
                later than one year after the date of the enactment of 
                this section.
                    ``(D) Wind lease sale off coast of american 
                samoa.--If the study required under paragraph (1)(A) 
                concludes that a wind lease sale for the outer 
                Continental Shelf off the coast of American Samoa is 
                feasible, then the Secretary shall offer a wind lease 
                sale for the outer Continental Shelf off the coast of 
                American Samoa as soon as practicable, but not later 
                than one year after the date of the enactment of this 
                section.
                    ``(E) Wind lease sale off coast of the commonwealth 
                of the northern mariana islands.--If the study required 
                under paragraph (1)(A) concludes that a wind lease sale 
                for the outer Continental Shelf off the coast of the 
                Commonwealth of the Northern Mariana Islands is 
                feasible, then the Secretary shall offer a wind lease 
                sale for the outer Continental Shelf off the coast of 
                the Commonwealth of the Northern Mariana Islands as 
                soon as practicable, but not later than one year after 
                the date of the enactment of this section.
    ``(e) Wind Lease Sale Off Coast of Hawaii.--
            ``(1) Study on feasibility of conducting wind lease sales 
        off coast of the state of hawaii.--
                    ``(A) Study.--The Secretary, in consultation with 
                the Secretary of Defense, shall conduct a study on the 
                feasibility of conducting wind lease sales for the 
                outer Continental Shelf off the coast of the State of 
                Hawaii.
                    ``(B) Submission of results.--Not later than 180 
                days after the date of the enactment of this section, 
                the Secretary shall submit to Congress the results of 
                the study conducted under subparagraph (A).
            ``(2) Wind lease sales conditional upon results of study.--
        If the study required under paragraph (1)(A) concludes that a 
        wind lease sale for the outer Continental Shelf off the coast 
        of the State of Hawaii is feasible, then the Secretary shall 
        offer a wind lease sale for the outer Continental Shelf off the 
        coast of the State of Hawaii as soon as practicable, but not 
        later than one year after the date of the enactment of this 
        section.''.

SEC. 110. REDUCING PERMITTING DELAYS FOR TAKING OF MARINE MAMMALS.

    (a) Addressing Permits for Taking of Marine Mammals.--Section 
101(a)(5)(D) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371(a)(5)(D)) is amended as follows:
            (1) In clause (i)--
                    (A) by striking ``citizens of the United States'' 
                and inserting ``persons'';
                    (B) by striking ``within a specific geographic 
                region'';
                    (C) by striking ``of small numbers'';
                    (D) by striking ``such citizens'' and inserting 
                ``such persons''; and
                    (E) by striking ``within that region''.
            (2) In clause (ii)--
                    (A) in subclause (I), by striking ``, and other 
                means of effecting the least practicable impact on such 
                species or stock and its habitat'';
                    (B) in subclause (III), by striking ``requirements 
                pertaining to the monitoring and reporting of such 
                taking by harassment, including'' and inserting 
                ``efficient and practical requirements pertaining to 
                the monitoring of such taking by harassment while the 
                activity is being conducted and the reporting of such 
                taking, including, as the Secretary determines 
                necessary,''; and
                    (C) by adding at the end the following:
        ``Any condition imposed pursuant to subclause (I), (II), or 
        (III) may not result in more than a minor change to the 
        specified activity and may not alter the basic design, 
        location, scope, duration, or timing of the specified 
        activity.''.
            (3) In clause (iii), by striking ``receiving an application 
        under this subparagraph'' and inserting ``an application is 
        accepted or required to be considered complete under subclause 
        (I)(aa), (II)(aa), or (IV) of clause (viii), as applicable,''.
            (4) In clause (vi), by striking ``a determination of `least 
        practicable adverse impact on such species or stock' under 
        clause (i)(I)'' and inserting ``conditions imposed under 
        subclause (I), (II), or (III) of clause (ii)''.
            (5) By adding at the end the following:
            ``(viii)(I) The Secretary shall--
                    ``(aa) accept as complete a written request for 
                authorization under this subparagraph for incidental 
                taking described in clause (i), by not later than 45 
                days after the date of submission of the request; or
                    ``(bb) provide to the requester, by not later than 
                15 days after the date of submission of the request, a 
                written notice describing any additional information 
                required to complete the request.
            ``(II) If the Secretary provides notice under subclause 
        (I)(bb), the Secretary shall, by not later than 30 days after 
        the date of submission of the additional information described 
        in the notice--
                    ``(aa) accept the written request for authorization 
                under this subparagraph for incidental taking described 
                in clause (i); or
                    ``(bb) deny the request and provide the requester a 
                written explanation of the reasons for the denial.
            ``(III) The Secretary may not under this subparagraph make 
        a second request for information, request that the requester 
        withdraw and resubmit the request, or otherwise delay a 
        decision on the request.
            ``(IV) If the Secretary fails to respond to a request for 
        authorization under this subparagraph in the manner provided in 
        subclause (I) or (II), the request shall be considered to be 
        complete.
            ``(ix)(I) At least 90 days before the date of the 
        expiration of any authorization issued under this subparagraph, 
        the holder of such authorization may apply for a one-year 
        extension of such authorization. The Secretary shall grant such 
        extension within 14 days after the date of such request on the 
        same terms and without further review if there has been no 
        substantial change in the activity carried out under such 
        authorization nor in the status of the marine mammal species or 
        stock, as applicable, as reported in the final annual stock 
        assessment reports for such species or stock.
            ``(II) In subclause (I) the term `substantial change' means 
        a change that prevents the Secretary from making the required 
        findings to issue an authorization under clause (i) with 
        respect to such species or stock.
            ``(III) The Secretary shall notify the applicant of such 
        substantial changes with specificity and in writing within 14 
        days after the applicant's submittal of the extension request.
            ``(x) If the Secretary fails to make the required findings 
        and, as appropriate, issue the authorization within 120 days 
        after the application is accepted or required to be considered 
        complete under subclause (I)(aa), (II)(aa), or (III) of clause 
        (viii), as applicable, the authorization is deemed to have been 
        issued on the terms stated in the application and without 
        further process or restrictions under this Act.''.
    (b) Removing Duplications.--Section 101(a)(5)(D) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)(D)), as amended by 
subsection (a), is further amended by adding at the end the following:
            ``(xi) Any taking of a marine mammal in compliance with an 
        authorization under this subparagraph is exempt from the 
        prohibition on taking in section 9 of the Endangered Species 
        Act of 1973 (16 U.S.C. 1538). Any Federal agency authorizing, 
        funding, or carrying out an action that results in such taking, 
        and any agency action authorizing such taking, is exempt from 
        the requirement to consult regarding potential impacts to 
        marine mammal species or designated critical habitat under 
        section 7(a)(2) of such Act (16 U.S.C. 1536(a)(2)).''.
    (c) Transfer of Certain Responsibilities to the Secretary of the 
Interior.--Section 3(12) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1362(12)) is amended--
            (1) in subparagraph (A), in the matter preceding clause 
        (i), by striking ``subparagraph (B)'' and inserting 
        ``subparagraphs (B) and (C)''; and
            (2) by adding at the end the following:
                    ``(C) In sections 101(a)(3), 101(a)(5), 103, and 
                104 (16 U.S.C. 1371(a)(3), 1371(a)(5), 1373, and 1374), 
                for activities associated with operations authorized 
                under the Outer Continental Shelf Lands Act (43 U.S.C. 
                1331 et seq.), the term `Secretary' means the Secretary 
                of the Interior with respect to all marine mammals.''.

SEC. 111. EFFECT.

    Nothing in this Act, with respect to the State of Florida, shall be 
construed to modify--
            (1) the moratorium imposed by section 104 of the Gulf of 
        Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note); or
            (2) the 2017-2022 leasing program prepared under section 18 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 1344).

                           TITLE II--ONSHORE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Opportunities for the Nation and 
States to Harness Onshore Resources for Energy Act'' or the ``ONSHORE 
Act''.

SEC. 202. COOPERATIVE FEDERALISM IN OIL AND GAS PERMITTING ON AVAILABLE 
              FEDERAL LAND.

    (a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended--
            (1) by redesignating section 44 as section 47; and
            (2) by adding after section 43 the following new section:

``SEC. 44. COOPERATIVE FEDERALISM IN OIL AND GAS PERMITTING ON 
              AVAILABLE FEDERAL LAND.

    ``(a) Authorizations.--
            ``(1) In general.--Upon receipt of an application under 
        subsection (b), the Secretary may delegate to a State exclusive 
        authority--
                    ``(A) to issue an APD on available Federal land; or
                    ``(B) to approve drilling plans on available 
                Federal land.
            ``(2) Sundry notices.--Any authorization under paragraph 
        (1) may, upon the request of the State, include authority to 
        issue sundry notices.
            ``(3) Inspection and enforcement.--Any authorization under 
        paragraph (1) may, upon the request of the State, include 
        authorization to inspect and enforce an APD or drilling plan, 
        as applicable. An authorization under paragraph (1)(A) shall 
        not affect the ability of the Secretary to collect inspection 
        fees under section 108(d) of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1718(d)).
    ``(b) State Application Process.--
            ``(1) Submission of application.--A State may submit an 
        application under subparagraph (A) or (B) of subsection (a)(1) 
        to the Secretary at such time and in such manner as the 
        Secretary may require.
            ``(2) Content of application.--An application submitted 
        under this subsection shall include--
                    ``(A) a description of the State program that the 
                State proposes to administer under State law; and
                    ``(B) a statement from the Governor or attorney 
                general of such State that the laws of such State 
                provide adequate authority to carry out the State 
                program.
            ``(3) Deadline for approval or disapproval.--Not later than 
        180 days after the date of receipt of an application under this 
        subsection, the Secretary shall approve or disapprove such 
        application.
            ``(4) Criteria for approval.--The Secretary may approve an 
        application received under this subsection only if the 
        Secretary has--
                    ``(A) determined that the State applicant would be 
                at least as effective as the Secretary in issuing APDs 
                or in approving drilling plans, as applicable;
                    ``(B) determined that the State program of the 
                State applicant--
                            ``(i) complies with this Act; and
                            ``(ii) provides for the termination or 
                        modification of an issued APD or approved 
                        drilling plan, as applicable, for cause, 
                        including for--
                                    ``(I) the violation of any 
                                condition of the issued APD or approved 
                                drilling plan;
                                    ``(II) obtaining the issued APD or 
                                approved drilling plan by 
                                misrepresentation; or
                                    ``(III) failure to fully disclose 
                                in the application all relevant facts;
                    ``(C) determined that the State applicant has 
                sufficient administrative and technical personnel and 
                sufficient funding to carry out the State program;
                    ``(D) provided notice to the public, solicited 
                public comment, and held a public hearing within the 
                State;
                    ``(E) determined that approval of the application 
                would not result in decreased royalty payments owed to 
                the United States under section 35(a), except as 
                provided in subsection (e) of that section; and
                    ``(F) in the case of a State applicant seeking 
                authority under subsection (a)(3) to inspect and 
                enforce APDs or drilling plans, as applicable, entered 
                into a memorandum of understanding with a State 
                applicant that delineates the Federal and State 
                responsibilities with respect to such inspection and 
                enforcement.
            ``(5) Disapproval.--If the Secretary disapproves an 
        application submitted under this subsection, then the Secretary 
        shall--
                    ``(A) notify, in writing, the State applicant of 
                the reason for the disapproval and any revisions or 
                modifications necessary to obtain approval; and
                    ``(B) provide any additional information, data, or 
                analysis upon which the disapproval is based.
            ``(6) Resubmittal of application.--A State may resubmit an 
        application under this subsection at any time.
            ``(7) State memorandum of understanding.--Before a State 
        submits an application under this subsection, the Secretary 
        may, at the request of a State, enter into a memorandum of 
        understanding with the State regarding the proposed State 
        program--
                    ``(A) to delineate the Federal and State 
                responsibilities for oil and gas regulations;
                    ``(B) to provide technical assistance; and
                    ``(C) to share best management practices.
    ``(c) Administrative Fees for APDs.--
            ``(1) In general.--A State for which authority has been 
        delegated under subsection (a)(1)(A) may collect a fee for each 
        application for an APD that is submitted to the State.
            ``(2) No collection of fee by secretary.--The Secretary may 
        not collect a fee from the applicant or from the State for an 
        application for an APD that is submitted to a State for which 
        authority has been delegated under subsection (a)(1)(A).
            ``(3) Fee amount.--The fee collected under paragraph (1) 
        shall be less than or equal to the amount of the fee collected 
        by the Secretary under section 35(d)(2)from States for which 
        authority has not been delegated under subsection (a)(1)(A).
            ``(4) Use.--A State shall use 100 percent of the fees 
        collected under this subsection for the administration of the 
        approved State program of the State.
    ``(d) Voluntary Termination of Authority.--A State may voluntarily 
terminate any authority delegated to such State under subsection (a) 
upon providing written notice to the Secretary 60 days in advance. Upon 
expiration of such 60-day period, the Secretary shall resume any 
activities for which authority was delegated to the State under 
subsection (a).
    ``(e) Appeal of Denial of Application for APD or Application for 
Approval of Drilling Plan.--
            ``(1) In general.--If a State for which the Secretary has 
        delegated authority under subsection (a)(1) denies an 
        application for an APD or an application for approval of a 
        drilling plan, the applicant may appeal such decision to the 
        Department of the Interior Office of Hearings and Appeals.
            ``(2) Fee allowed.--The Secretary may charge the applicant 
        a fee for the appeal referred to in paragraph (1).
    ``(f) Federal Administration of State Program.--
            ``(1) Notification.--If the Secretary has reason to believe 
        that a State is not administering or enforcing an approved 
        State program, the Secretary shall notify the relevant State 
        regulatory authority of any possible deficiencies.
            ``(2) State response.--Not later than 30 days after the 
        date on which a State receives notification of a possible 
        deficiency under paragraph (1), the State shall--
                    ``(A) take appropriate action to correct the 
                possible deficiency; and
                    ``(B) notify the Secretary of the action in 
                writing.
            ``(3) Determination.--
                    ``(A) In general.--On expiration of the 30-day 
                period referred to in paragraph (2), if the Secretary 
                determines that a violation of all or any part of an 
                approved State program has resulted from a failure of 
                the State to administer or enforce the approved State 
                program of the State or that the State has not 
                demonstrated its capability and intent to administer or 
                enforce such a program, the Secretary shall issue 
                public notice of such a determination.
                    ``(B) Appeal.--A State may appeal the determination 
                of the Secretary under subparagraph (A) in the 
                applicable United States District Court. The Secretary 
                may not resume activities under paragraph (4) pending 
                the resolution of the appeal.
            ``(4) Resumption by secretary.--If the Secretary has made a 
        determination under paragraph (3), the Secretary shall resume 
        any activities for which authority was delegated to the State 
        during the period--
                    ``(A) beginning on the date on which the Secretary 
                issues the public notice under paragraph (3); and
                    ``(B) ending on the date on which the Secretary 
                determines that the State will administer or enforce, 
                as applicable, the approved State program of the State.
            ``(5) Standing.--States with approved regulatory programs 
        shall have standing to sue the Secretary for any action taken 
        under this subsection.
    ``(g) Definitions.--In this section:
            ``(1) Available federal land.--The term `available Federal 
        land' means any Federal land that--
                    ``(A) is located within the boundaries of a State;
                    ``(B) is not held by the United States in trust for 
                the benefit of a federally recognized Indian Tribe or a 
                member of such an Indian Tribe;
                    ``(C) is not a unit of the National Park System;
                    ``(D) is not a unit of the National Wildlife Refuge 
                System, except for the portion of such unit for which 
                oil and gas drilling is allowed under law;
                    ``(E) is not a congressionally approved wilderness 
                area under the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    ``(F) has been identified as land available for 
                lease or has been leased for the exploration, 
                development, and production of oil and gas--
                            ``(i) by the Bureau of Land Management 
                        under--
                                    ``(I) a resource management plan 
                                under the process provided for in the 
                                Federal Land Policy and Management Act 
                                of 1976 (43 U.S.C. 1701 et seq.); or
                                    ``(II) an integrated activity plan 
                                with respect to the National Petroleum 
                                Reserve in Alaska; or
                            ``(ii) by the Forest Service under a 
                        National Forest management plan under the 
                        Forest and Rangeland Renewable Resources 
                        Planning Act of 1974 (16 U.S.C. 1600 et seq.).
            ``(2) Drilling plan.--The term `drilling plan' means a plan 
        described under section 3162.3-1(e) of title 43, Code of 
        Federal Regulations (or successor regulation).
            ``(3) APD.--The term `APD' means a permit--
                    ``(A) that grants authority to drill for oil and 
                gas; and
                    ``(B) for which an application has been received 
                that contains--
                            ``(i) a drilling plan;
                            ``(ii) a surface use plan of operations 
                        described under section 3162.3-1(f) of title 
                        43, Code of Federal Regulations (or successor 
                        regulation);
                            ``(iii) evidence of bond coverage; and
                            ``(iv) such other information as may be 
                        required by applicable orders and notices.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(5) State.--The term `State' means each of the several 
        States.
            ``(6) State applicant.--The term `State applicant' means a 
        State that has submitted an application under subsection (b).
            ``(7) State program.--The term `State program' means a 
        program that provides for a State to--
                    ``(A) issue APDs or approve drilling plans, as 
                applicable, on available Federal land; and
                    ``(B) impose sanctions for violations of State 
                laws, regulations, or any condition of an issued APD or 
                approved drilling plan, as applicable.
            ``(8) Sundry notice.--The term `sundry notice' means a 
        written request--
                    ``(A) to perform work not covered under an APD or 
                drilling plan; or
                    ``(B) for a change to operations covered under a an 
                APD or drilling plan.''.
    (b) Inspection Fees.--Section 108 of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1718) is amended by adding at 
the end the following:
    ``(d) Inspection Fees for Certain States.--
            ``(1) In general.--The Secretary shall conduct inspections 
        of operations under each oil and gas lease. The Secretary shall 
        collect annual nonrefundable inspection fees in the amount 
        specified in paragraph (2), from each designated operator under 
        each oil and gas lease on Federal or Indian land that is 
        subject to inspection under subsection (b) and that is located 
        in a State for which the Secretary has delegated authority 
        under section 44(a)(1)(A) of the Mineral Leasing Act.
            ``(2) Amount.--The amount of the fees collected under 
        paragraph (1) shall be--
                    ``(A) $700 for each lease or unit or 
                communitization agreement with no active or inactive 
                wells, but with surface use, disturbance or 
                reclamation;
                    ``(B) $1,225 for each lease or unit or 
                communitization agreement with 1 to 10 wells, with any 
                combination of active or inactive wells;
                    ``(C) $4,900 for each lease or unit or 
                communitization agreement with 11 to 50 wells, with any 
                combination of active or inactive wells; and
                    ``(D) $9,800 for each lease or unit or 
                communitization agreement with more than 50 wells, with 
                any combination of active or inactive wells.
            ``(3) Onshore energy safety fund.--There is established in 
        the Treasury a fund, to be known as the `Onshore Energy Safety 
        Fund' (referred to in this subsection as the `Fund'), into 
        which shall be deposited all amounts collected as fees under 
        paragraph (1) and which shall be available as provided under 
        paragraph (4).
            ``(4) Availability of fees.--Notwithstanding section 3302 
        of title 31, United States Code, all amounts deposited in the 
        Fund--
                    ``(A) shall be credited as offsetting collections;
                    ``(B) shall be available for expenditure for 
                purposes of carrying out inspections of onshore oil and 
                gas operations in those States for which the Secretary 
                has delegated authority under section 44(a)(1)(A) of 
                the Mineral Leasing Act;
                    ``(C) shall be available only to the extent 
                provided for in advance in an appropriations Act; and
                    ``(D) shall remain available until expended.
            ``(5) Payment due date.--The Secretary shall require 
        payment of any fee assessed under this subsection within 30 
        days after the Secretary provides notice of the assessment of 
        the fee after the completion of an inspection.
            ``(6) Penalty.--If a designated operator assessed a fee 
        under this subsection fails to pay the full amount of the fee 
        as prescribed in this subsection, the Secretary may, in 
        addition to utilizing any other applicable enforcement 
        authority, assess civil penalties against the operator under 
        section 109 in the same manner as if this section were a 
        mineral leasing law.
            ``(7) Notification to state of noncompliance.--If, on the 
        basis of any inspection under subsection (b), the Secretary 
        determines that an operator is in noncompliance with the 
        requirements of mineral leasing laws and this chapter, the 
        Secretary shall notify the State of such noncompliance 
        immediately.''.
    (c) Existing Authorities.--Section 390(a) of the Energy Policy Act 
of 2005 (42 U.S.C. 15942(a)) is amended--
            (1) by striking ``Action by the Secretary'' and inserting 
        ``The Secretary'';
            (2) by striking ``with respect to any of the activities 
        described in subsection (b) shall be subject to a rebuttable 
        presumption that the use of'' and inserting ``shall apply''; 
        and
            (3) by striking ``would apply if the activity'' and 
        inserting ``for each action described in subsection (b) if the 
        action''.

SEC. 203. CONVEYANCE TO CERTAIN STATES OF PROPERTY INTEREST IN STATE 
              SHARE OF ROYALTIES AND OTHER PAYMENTS.

    (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. 
191) is amended--
            (1) in the first sentence of subsection (a), by striking 
        ``shall be paid into the Treasury'' and inserting ``shall, 
        except as provided in subsection (e), be paid into the 
        Treasury'';
            (2) in subsection (c)(1), by inserting ``and except as 
        provided in subsection (e)'' before ``, any rentals''; and
            (3) by adding at the end the following:
    ``(e) Conveyance to Certain States of Property Interest in State 
Share.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, on request of a State and in lieu of any payments to the 
        State under subsection (a), the Secretary of the Interior shall 
        convey to the State all right, title, and interest in and to 
        the percentage specified in that subsection for that State that 
        would otherwise be required to be paid into the Treasury under 
        that subsection.
            ``(2) Amount.--Notwithstanding any other provision of law, 
        after a conveyance to a State under paragraph (1), any person 
        shall pay directly to the State any amount owed by the person 
        for which the right, title, and interest has been conveyed to 
        the State under this subsection.
            ``(3) Notice.--The Secretary of the Interior shall promptly 
        provide to each holder of a lease of public land to which 
        subsection (a) applies that is located in a State to which 
        right, title, and interest is conveyed under this subsection 
        notice that--
                    ``(A) the Secretary of the Interior has conveyed to 
                the State all right, title, and interest in and to the 
                amounts referred to in paragraph (1); and
                    ``(B) the leaseholder is required to pay the 
                amounts directly to the State.
            ``(4) Report.--A State that has received a conveyance under 
        this subsection shall report monthly to the Office of Natural 
        Resources Revenue of the Department of the Interior the amount 
        paid to such State pursuant to this subsection.
            ``(5) Application with respect to fogrma.--With respect to 
        the interest conveyed to a State under this subsection from 
        sales, bonuses, royalties (including interest charges), and 
        rentals collected under the Federal Oil and Gas Royalty 
        Management Act of 1983 (30 U.S.C. 1701 et seq.), this 
        subsection shall only apply with respect to States for which 
        the Secretary has delegated any authority under section 
        44(a)(1).''.
    (b) Administrative Costs.--Section 35(b) of the Mineral Leasing Act 
(30 U.S.C. 191(b)) is amended by striking ``In determining'' and 
inserting ``Except with respect to States for which the Secretary has 
delegated any authority under section 44(a)(1), in determining''.
    (c) Conforming Amendment.--Section 205(f) of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 1735(f)) is amended by 
striking ``All'' in the seventh sentence and inserting ``Subject to 
subsection (e) of section 35 of the Mineral Leasing Act (30 U.S.C. 
191), all''.

SEC. 204. PERMITTING ON NON-FEDERAL SURFACE ESTATE.

    The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by 
inserting after section 44 (as added by section 202(a)(2)) the 
following:

``SEC. 45. PERMITTING ON NON-FEDERAL SURFACE ESTATE.

    ``(a) Permits Not Required for Certain Activities on Non-Federal 
Surface Estate.--The following activities conducted on non-Federal 
surface estate shall not require a Bureau of Land Management drilling 
permit under the Federal Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1701 et seq.) or section 3164.1 of title 43, Code of Federal 
Regulations (or successor regulation) and shall not be considered a 
major Federal action under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.):
            ``(1) Oil and gas operations for the exploration for or 
        development or production of oil and gas in a lease or unit or 
        communitization agreement in which the United States holds a 
        mineral ownership interest of 50 percent or less.
            ``(2) Oil and gas operations that may have potential 
        drainage impacts, as determined by the Bureau of Land 
        Management, on oil and gas in which the United States holds a 
        mineral ownership interest.
    ``(b) DOI Notification.--The Secretary of the Interior shall 
provide to each State a map or list indicating Federal mineral 
ownership within that State.
    ``(c) State Notification.--Each State that has issued an APD or 
approved a drilling plan that would impact or extract oil and gas owned 
by the United States shall notify the Secretary of the Interior within 
7 days of issuing an APD.
    ``(d) Royalties.--Nothing in this section shall affect the amount 
of royalties due to the United States under this Act from the 
production of oil and gas or alter the Secretary's authority to conduct 
audits and collect civil penalties pursuant to the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1711 et seq.).
    ``(e) Application.--This section shall only apply with respect to 
States for which the Secretary has delegated any authority under 
section 44(a)(1).''.

SEC. 205. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING 
              REGULATION.

    The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by 
inserting after section 45 (as added by section 204) the following:

``SEC. 46. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING 
              REGULATION.

    ``(a) In General.--The Secretary of the Interior shall not enforce 
any Federal regulation, guidance, or permit requirement regarding 
hydraulic fracturing relating to oil, gas, or geothermal production 
activities on or under any land in any State that has regulations, 
guidance, or permit requirements for that activity.
    ``(b) State Authority.--The Secretary of the Interior shall defer 
to State regulations, guidance, and permit requirements for all 
activities regarding hydraulic fracturing relating to oil, gas, or 
geothermal production activities on Federal land.
    ``(c) Transparency of State Regulations.--
            ``(1) In general.--Each State shall submit to the Bureau of 
        Land Management a copy of the regulations of such State that 
        apply to hydraulic fracturing operations on Federal land, 
        including those that require disclosure of chemicals used in 
        hydraulic fracturing operations.
            ``(2) Availability.--The Secretary of the Interior shall 
        make available to the public on the website of the Secretary 
        the regulations submitted under paragraph (1).
    ``(d) Tribal Authority on Trust Land.--The Secretary of the 
Interior shall not enforce any Federal regulation, guidance, or permit 
requirement with respect to hydraulic fracturing on any land held in 
trust or restricted status for the benefit of a federally recognized 
Indian Tribe or a member of such an Indian Tribe, except with the 
express consent of the beneficiary on whose behalf such land is held in 
trust or restricted status.
    ``(e) Hydraulic Fracturing Defined.--In this section the term 
`hydraulic fracturing' means the process of creating small cracks, or 
fractures, in underground geological formations for well stimulation 
purposes of bringing hydrocarbons into the wellbore and to the surface 
for capture.''.

SEC. 206. REVIEW OF INTEGRATED ACTIVITY PLAN FOR THE NATIONAL PETROLEUM 
              RESERVE IN ALASKA.

    The Secretary of the Interior shall--
            (1) conduct a review of the National Petroleum Reserve-
        Alaska Final Integrated Activity Plan/Environmental Impact 
        Statement, for which notice of availability was published in 
        the Federal Register on December 28, 2012 (77 Fed. Reg. 76515), 
        to determine which lands within the National Petroleum Reserve 
        in Alaska should be made available for oil and gas leasing; and
            (2) make available the lands described in paragraph (1) for 
        oil and gas leasing.

SEC. 207. PROTESTED LEASE SALES.

    Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any 
protest to a lease sale within 60 days following such payment.'' after 
``annual rental for the first lease year.''.

SEC. 208. CLARIFICATION REGARDING LIABILITY UNDER MIGRATORY BIRD TREATY 
              ACT.

    Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is 
amended by adding at the end the following:
    ``(e) This Act shall not be construed to prohibit any activity 
proscribed by section 2 of this Act that is accidental or incidental to 
the presence or operation of an otherwise lawful activity.''.
                                                 Union Calendar No. 781

115th CONGRESS

  2d Session

                               H. R. 4239

                         [Report No. 115-1000]

_______________________________________________________________________

                                 A BILL

     To distribute revenues from oil and gas leasing on the outer 
    Continental Shelf to certain coastal States, to require sale of 
 approved offshore oil and gas leases, to promote offshore wind lease 
 sales, and to empower States to manage the development and production 
   of oil and gas on available Federal land, and for other purposes.

_______________________________________________________________________

                            November 2, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```