I 

115TH CONGRESS 

1ST SESSION H. R. 4426 

To reform Federal onshore and offshore fossil fuel leasing, exploration, and 

development; promote renewable energy on public lands; prepare for 

the impacts of climate change; increase industry accountability; improve 

returns to taxpayers for the development of Federal energy resources; 

and protect special places, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2017 

Mr. GRIJALVA (for himself, Mr. LOWENTHAL, Mr. BEYER, Mr. SOTO, Mrs. 

NAPOLITANO, Ms. TSONGAS, Mr. GOMEZ, Mr. HUFFMAN, Ms. 

BORDALLO, Mr. CONNOLLY, Ms. NORTON, Ms. BARRAGA ́N, Ms. LEE, Mr. 

MCEACHIN, Ms. ESHOO, Ms. SCHAKOWSKY, Mr. POLIS, and Ms. ROYBAL-ALLARD) introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committees on 

Energy and Commerce, Transportation and Infrastructure, Agriculture, 

Education and the Workforce, Ways and Means, and Science, Space, and 

Technology, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform Federal onshore and offshore fossil fuel leasing, 

exploration, and development; promote renewable energy 

on public lands; prepare for the impacts of climate 

change; increase industry accountability; improve returns 

to taxpayers for the development of Federal energy resources; and protect special places, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sustainable Energy 

5 Development Reform Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is the following: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—FAIR RETURN FOR TAXPAYERS 

Sec. 101. Onshore fossil fuel royalty rates. 

Sec. 102. Minimum bid amount. 

Sec. 103. Onshore oil and gas rental rates. 

Sec. 104. Surface disturbance and reclamation. 

Sec. 105. Penalties. 

Sec. 106. Royalty relief. 

Sec. 107. Revision of Royalty Policy Committee charter. 

Sec. 108. Royalty in kind. 

Sec. 109. Amendments to definitions. 

Sec. 110. Compliance reviews. 

Sec. 111. Liability for royalty payments. 

Sec. 112. Recordkeeping. 

Sec. 113. Adjustments and refunds. 

Sec. 114. Obligation period. 

Sec. 115. Tolling agreements and subpoenas. 

Sec. 116. Appeals. 

Sec. 117. Assessments. 

Sec. 118. Pilot project on automatic data transfer. 

Sec. 119. Penalty for late or incorrect reporting of data. 

Sec. 120. Required recordkeeping for natural gas plants. 

Sec. 121. Shared penalties. 

Sec. 122. Applicability to other minerals. 

Sec. 123. Entitlements. 

Sec. 124. Royalties on all extracted methane. 

TITLE II—ENCOURAGING DEVELOPMENT OF RENEWABLE 

ENERGY 

Subtitle A—Environmental Reviews and Permitting 

Sec. 201. Definitions. 

Sec. 202. Renewable energy goal. 

Sec. 203. Coordination. 

Sec. 204. Land use planning; supplements to programmatic environmental impact statements. 

Sec. 205. Environmental review on covered land. 


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Sec. 206. Program to improve renewable energy project permit coordination. 

Sec. 207. Disposition of revenues. 

Sec. 208. Study and report on conservation banking. 

Sec. 209. Brownfields. 

Subtitle B—Geothermal Energy 

Sec. 221. Reauthorization of Geothermal Steam Act of 1970. 

Sec. 222. National goal for geothermal energy. 

Sec. 223. Facilitation of coproduction of geothermal energy on oil and gas 

leases. 

Sec. 224. Noncompetitive leasing for geothermal. 

Sec. 225. Report to Congress. 

Subtitle C—Offshore Renewable Energy 

Sec. 231. Wind leasing amendments. 

Sec. 232. Report to Congress. 

TITLE III—PREPARING AND MANAGING FOR CLIMATE CHANGE 

Sec. 301. Energy development policy. 

Sec. 302. Preparing for climate change. 

Sec. 303. GHG inventory. 

Sec. 304. Terrestrial carbon sequestration pilot program. 

Sec. 305. Federal lands adaptation. 

Sec. 306. Public Lands Service Corps. 

Sec. 307. Coastal State climate change planning. 

TITLE IV—ONSHORE OIL AND GAS REFORM 

Subtitle A—Leasing Reforms 

Sec. 401. Leasing process. 

Sec. 402. Transparency and landowner protections. 

Sec. 403. Lease stipulations. 

Sec. 404. Master leasing plans. 

Sec. 405. Parcel review. 

Sec. 406. Acreage limitations. 

Sec. 407. Land management. 

Sec. 408. Oil shale. 

Subtitle B—Permitting Reforms 

Sec. 411. Categorical exclusions. 

Sec. 412. Permitting deadline. 

Sec. 413. Abandoned and orphaned wells. 

Sec. 414. Online publication of notices of staking and applications for permits 

to drill. 

Sec. 415. Having open access to relevant data. 

Subtitle C—Operational Reforms 

Sec. 421. Best management practices. 

Sec. 422. Inspection fee. 

Sec. 423. Protection of water resources. 

Sec. 424. Methane emissions. 

Sec. 425. Fracking regulation on Federal lands. 


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Sec. 426. Closing loopholes. 

Sec. 427. Transparency in management of leases. 

Sec. 428. Lease cancellation for improper issuance. 

Sec. 429. Protecting National Parks and Wildlife Refuges. 

TITLE V—OFFSHORE OIL AND GAS REFORMS 

Subtitle A—Regional Coordination and Planning 

Sec. 501. Definitions. 

Sec. 502. Regional coordination. 

Sec. 503. Regional Coordination Councils. 

Sec. 504. Regional strategic plans. 

Sec. 505. Regulations. 

Sec. 506. Ocean Resources Conservation and Assistance (ORCA) Fund. 

Sec. 507. Waiver. 

Subtitle B—Outer Continental Shelf Lands Act Amendments 

Sec. 511. National policy for the Outer Continental Shelf. 

Sec. 512. OCS leasing standard. 

Sec. 513. OCS leasing procedures. 

Sec. 514. Funding. 

Sec. 515. Exploration plans. 

Sec. 516. 5-year programs. 

Sec. 517. Environmental studies. 

Sec. 518. Inspections and certifications. 

Sec. 519. Petitions. 

Subtitle C—Other Provisions 

Sec. 521. Contractor liability. 

Sec. 522. Area-wide leasing. 

Sec. 523. Frontier areas. 

Sec. 524. Strengthening coastal State oil spill planning and response. 

Sec. 525. Repeal of limitation on liability for offshore facilities. 

Sec. 526. Evidence of financial responsibility for offshore facilities. 

TITLE VI—COAL REFORMS 

Sec. 601. Powder River Basin. 

Sec. 602. Deductions. 

Sec. 603. Valuation. 

Sec. 604. Methane recovery. 

Sec. 605. Self-bonding. 

Sec. 606. Stream protection. 

Sec. 607. Certified States. 

Sec. 608. Economic redevelopment on abandoned mine lands. 

Sec. 609. Prohibition on blasting within one mile of any occupied dwelling. 

Sec. 610. Coal Miners Pension Protection. 

TITLE VII—LAND MANAGEMENT AND SCIENCE 

Sec. 701. ANWR. 

Sec. 702. Land management standard. 

Sec. 703. Geological and geophysical data. 

Sec. 704. Land and Water Conservation Fund. 

Sec. 705. Mitigation. 


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1 TITLE I—FAIR RETURN FOR 

2 TAXPAYERS 

3 SEC. 101. ONSHORE FOSSIL FUEL ROYALTY RATES. 

4 The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 

5 amended— 

(1) in section 7, by striking ‘‘121 6 ⁄2’’ and insert7 ing ‘‘18.75’’; 

8 (2) in section 17, by— 

9 (A) striking ‘‘12.5’’ each place such term 

10 appears and inserting ‘‘18.75’’; and 

(B) striking ‘‘121 11 ⁄2’’ each place such term 

12 appears and inserting ‘‘18.75’’; and 

(3) in section 31(e), by striking ‘‘162 13 ⁄3’’ both 

14 places such term appears and inserting ‘‘25’’. 

15 SEC. 102. MINIMUM BID AMOUNT. 

16 Section 17 of the Mineral Leasing Act (30 U.S.C. 

17 226) is amended— 

18 (1) in subsection (b)(1)(B)— 

19 (A) by striking ‘‘$2 per acre’’ and insert20 ing ‘‘$5 per acre, except as otherwise provided 

21 by this paragraph’’; and 

22 (B) by striking ‘‘for a period of 2 years 

23 from the date of enactment of the Federal On24 shore Oil and Gas Leasing Reform Act of 

25 1987’’; 


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1 (2) in subsection (b)(2)(C), by striking ‘‘$2 per 

2 acre’’ and inserting ‘‘$5 per acre’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(q) INFLATION ADJUSTMENT.—The Secretary 

5 shall— 

6 ‘‘(1) by regulation, at least once every 4 years, 

7 adjust each of the dollar amounts that apply under 

8 subsections (b)(1)(B), (b)(2)(C), and (d) to reflect 

9 the change in the Consumer Price Index for All 

10 Urban Consumers published by the Bureau of Labor 

11 Statistics; and 

12 ‘‘(2) publish each such regulation in the Fed13 eral Register.’’. 

14 SEC. 103. ONSHORE OIL AND GAS RENTAL RATES. 

15 The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 

16 amended— 

17 (1) in section 17(d)— 

18 (A) by striking ‘‘$1.50 per acre’’ and in19 serting ‘‘$3 per acre’’; and 

20 (B) by striking ‘‘$2 per acre’’ and insert21 ing ‘‘$5 per acre’’; and 

22 (2) in section 31(e), by striking ‘‘$10’’ and in23 serting ‘‘$20’’. 


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1 SEC. 104. SURFACE DISTURBANCE AND RECLAMATION. 

2 Section 17(g) of the Mineral Leasing Act (30 U.S.C. 

3 226(g)) is amended to read as follows: 

4 ‘‘(g) REGULATION OF SURFACE-DISTURBING ACTIVI5 TIES; APPROVAL OF PLAN OF OPERATIONS; BOND OR

6 SURETY; FAILURE TO COMPLY WITH RECLAMATION RE7 QUIREMENTS AS BARRING LEASE; OPPORTUNITY TO

8 COMPLY WITH REQUIREMENTS; STANDARDS; MONI9 TORING.— 

10 ‘‘(1) DEFINITIONS.—In this subsection: 

11 ‘‘(A) INTERIM RECLAMATION PLAN.—The 

12 term ‘Interim Reclamation Plan’ means an on13 going plan specifying reclamation steps to be 

14 taken on all disturbed areas covered by any 

15 lease issued under this Act that are not needed 

16 for active operations. Such Interim Reclamation 

17 Plans shall be reviewed by the relevant Sec18 retary at regular intervals and shall be amend19 ed as warranted, subject to the approval of the 

20 relevant Secretary. 

21 ‘‘(B) FINAL RECLAMATION PLAN.—The 

22 term ‘Final Reclamation Plan’ includes a de23 tailed description of all reclamation activity to 

24 be conducted for all disturbed areas covered by 

25 a lease issued under this Act prior to final 

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1 clude reclamation of all locations, facilities, 

2 trenches, rights-of-way, roads and any other 

3 surface disturbance on lands covered by the 

4 lease. 

5 ‘‘(2) IN GENERAL.—The Secretary of the Inte6 rior, or for National Forest lands, the Secretary of 

7 Agriculture, shall regulate all surface-disturbing ac8 tivities conducted pursuant to any lease issued under 

9 this Act, and shall determine reclamation and other 

10 actions as required in the interest of conservation of 

11 surface resources. 

12 ‘‘(3) RECLAMATION PLANS REQUIRED.— 

13 ‘‘(A) APPLICATIONS FOR PERMITS TO

14 DRILL.—Each application for a permit to drill 

15 submitted to the Secretary pursuant to this Act 

16 shall include both an Interim Reclamation Plan 

17 and a Final Reclamation Plan. 

18 ‘‘(B) ANALYSIS AND APPROVAL RE19 QUIRED.—No permit to drill on an oil and gas 

20 lease issued under this Act may be granted 

21 without the analysis and approval by the Sec22 retary concerned of both an interim reclamation 

23 plan and a final reclamation plan covering pro24 posed surface-disturbing activities within the 

25 lease area. 


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1 ‘‘(C) PLANS OF OPERATIONS.—All Plans 

2 of Operations submitted and approved pursuant 

3 to this Act shall include an Interim Reclama4 tion Plan. 

5 ‘‘(4) BONDING.— 

6 ‘‘(A) IN GENERAL.—The Secretary con7 cerned shall, by regulation, require that an ade8 quate bond, surety, or other financial arrange9 ment will be established prior to the commence10 ment of surface-disturbing activities on any 

11 lease, to ensure the complete and timely rec12 lamation of the lease tract, and the restoration 

13 of any lands or surface waters adversely af14 fected by lease operations after the abandon15 ment or cessation of oil and gas operations on 

16 the lease. The Secretary shall not issue a lease 

17 or leases or approve the assignment of any lease 

18 or leases under the terms of this section to any 

19 person, association, corporation, or any sub20 sidiary, affiliate, or person controlled by or 

21 under common control with such person, asso22 ciation, or corporation, during any period in 

23 which, as determined by the Secretary of the 

24 Interior or Secretary of Agriculture, such entity 

25 has failed or refused to comply in any material 


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1 respect with the reclamation requirements and 

2 other standards established under this section 

3 for any prior lease to which such requirements 

4 and standards applied. Prior to making such 

5 determination with respect to any such entity 

6 the concerned Secretary shall provide such enti7 ty with adequate notification and an oppor8 tunity to comply with such reclamation require9 ments and other standards and shall consider 

10 whether any administrative or judicial appeal is 

11 pending. Once the entity has complied with the 

12 reclamation requirement or other standard con13 cerned an oil or gas lease may be issued to such 

14 entity under this Act. 

15 ‘‘(B) LIMITATION ON BONDS.—A bond, 

16 surety, or other financial arrangement described 

17 in subparagraph (A) shall not be adequate if it 

18 is less than— 

19 ‘‘(i) $50,000, in the case of an ar20 rangement for an individual surface-dis21 turbing activity of an entity; 

22 ‘‘(ii) $250,000, in the case of an ar23 rangement for all surface-disturbing activi24 ties of an entity in a State; or 


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1 ‘‘(iii) $1,000,000, in the case of an ar2 rangement for all surface-disturbing activi3 ties of an entity in the United States. 

4 ‘‘(C) ADJUSTMENTS FOR INFLATION.—In 

5 the application of subparagraph (B), the Secre6 taries concerned shall jointly at least once every 

7 three years adjust the dollar amounts in sub8 paragraph (B) to account for inflation. 

9 ‘‘(5) STANDARDS.—The Secretary of the Inte10 rior and the Secretary of Agriculture shall, by regu11 lation, establish uniform standards for all Interim 

12 and Final Reclamation Plans. The goal of such 

13 plans shall be the restoration of the affected eco14 system to a condition approximating or equal to that 

15 which existed prior to the surface disturbance. Such 

16 standards shall include, but are not limited to, res17 toration of natural vegetation and hydrology, habitat 

18 restoration, salvage, storage and reuse of topsoils, 

19 erosion control, control of invasive species and nox20 ious weeds and natural contouring. 

21 ‘‘(6) MONITORING.—The Secretary concerned 

22 shall not approve final abandonment and shall not 

23 release any bond required by this Act until the 

24 standards and requirement for final reclamation es25 tablished pursuant to this Act have been met.’’. 


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1 SEC. 105. PENALTIES. 

2 (a) MINERAL LEASING ACT.—Section 41 of the Min3 eral Leasing Act (30 U.S.C. 195) is amended— 

4 (1) in subsection (b), by striking ‘‘$500,000’’ 

5 and inserting ‘‘$1,000,000’’; and 

6 (2) in subsection (c), by striking ‘‘$100,000’’ 

7 and inserting ‘‘$250,000’’. 

8 (b) FEDERAL OIL AND GAS ROYALTY MANAGEMENT

9 ACT OF 1982.—The Federal Oil and Gas Royalty Man10 agement Act of 1982 (30 U.S.C. 1701 et seq.) is amend11 ed— 

12 (1) in section 109— 

13 (A) in subsection (a), by striking ‘‘$500’’ 

14 and inserting ‘‘$1,500’’; 

15 (B) in subsection (b), by striking ‘‘$5,000’’ 

16 and inserting ‘‘$15,000’’; 

17 (C) in subsection (c), by striking 

18 ‘‘$10,000’’ and inserting ‘‘$25,000’’; and 

19 (D) in subsection (d), by striking 

20 ‘‘$25,000’’ and inserting ‘‘$75,000’’; and 

21 (2) in section 110, by striking ‘‘$50,000’’ and 

22 inserting ‘‘$150,000’’. 

23 (c) OUTER CONTINENTAL SHELF LANDS ACT.— 

24 (1) CIVIL PENALTY, GENERALLY.—Section 

25 24(b) of the Outer Continental Shelf Lands Act (43 

26 U.S.C. 1350(b)) is amended to read as follows: 


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1 ‘‘(b)(1) Except as provided in paragraph (2), any per2 son who fails to comply with any provision of this Act, 

3 or any term of a lease, license, or permit issued pursuant 

4 to this Act, or any regulation or order issued under this 

5 Act, shall be liable for a civil administrative penalty of not 

6 more than $75,000 for each day of the continuance of 

7 such failure. The Secretary may assess, collect, and com8 promise any such penalty. No penalty shall be assessed 

9 until the person charged with a violation has been given 

10 an opportunity for a hearing. The Secretary shall, by regu11 lation at least every 3 years, adjust the penalty specified 

12 in this paragraph to reflect any increases in the Consumer 

13 Price Index (all items, United States city average) as pre14 pared by the Department of Labor. 

15 ‘‘(2) If a failure described in paragraph (1) con16 stitutes or constituted a threat of harm or damage to life 

17 (including fish and other aquatic life), property, any min18 eral deposit, or the marine, coastal, or human environ19 ment, a civil penalty of not more than $150,000 shall be 

20 assessed for each day of the continuance of the failure.’’. 

21 (2) KNOWING AND WILLFUL VIOLATIONS.—Sec22 tion 24(c) of the Outer Continental Shelf Lands Act 

23 (43 U.S.C. 1350(c)) is amended by striking 

24 ‘‘$100,000’’ and inserting ‘‘$1,000,000’’. 


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1 (3) OFFICERS AND AGENTS OF CORPORA2 TIONS.—Section 24(d) of the Outer Continental 

3 Shelf Lands Act (43 U.S.C. 1350(d)) is amended by 

4 inserting ‘‘, or with willful disregard,’’ after ‘‘know5 ingly and willfully’’. 

6 SEC. 106. ROYALTY RELIEF. 

7 (a) GULF OF MEXICO ROYALTY RELIEF.—The fol8 lowing provisions of the Energy Policy Act of 2005 (42 

9 U.S.C. 15801 et seq.) are hereby repealed: 

10 (1) Section 344 (relating to incentives for nat11 ural gas production from deep wells in the shallow 

12 waters of the Gulf of Mexico). 

13 (2) Section 345 (relating to royalty relief for 

14 deep water production). 

15 (b) ALASKA ROYALTY RELIEF.— 

16 (1) PROVISIONS RELATING TO PLANNING AREAS

17 OFFSHORE ALASKA.—Section 8(a)(3)(B) of the 

18 Outer Continental Shelf Lands Act (43 U.S.C. 

19 1337(a)(3)(B)) is amended by striking ‘‘and in the 

20 Planning Areas offshore Alaska’’ after ‘‘West lon21 gitude’’. 

22 (2) PROVISIONS RELATING TO NAVAL PETRO23 LEUM RESERVE IN ALASKA.—Section 107 of the 

24 Naval Petroleum Reserves Production Act of 1976 is 

25 amended— 


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1 (A) in subsection (i), by striking para2 graphs (2) through (6); and 

3 (B) by striking subsection (k). 

4 SEC. 107. REVISION OF ROYALTY POLICY COMMITTEE 

5 CHARTER. 

6 Not later than one year after enactment of this Act, 

7 or March 29, 2019, whichever is earlier, the Secretary of 

8 the Interior shall revise the charter of the Royalty Policy 

9 Committee (as signed on March 29, 2017) to— 

10 (1) require that of the 6 members of such Com11 mittee who are representatives of the Governors of 

12 States, no more than 4 members may be representa13 tives of Governors of the same political party; 

14 (2) increase to 6 the number of members who 

15 are representatives of academia or public, of 

16 whom— 

17 (A) 2 members shall be representatives of 

18 academia; 

19 (B) 2 members shall be representatives of 

20 public interest groups; and 

21 (C) 2 members shall be representatives of 

22 nonprofit environmental groups; and 

23 (3) require that for a person to be eligible to 

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1 holder (or both) in Federal and Indian royalty pol2 icy, the employer of that member must release— 

3 (A) for the preceding 10-year period— 

4 (i) aggregated information on all Fed5 eral royalty payments made by the em6 ployer, by year and by commodity; 

7 (ii) conclusions from compliance re8 views and audits conducted by Federal or 

9 State revenue collection entities; and 

10 (iii) a description of all enforcement 

11 actions taken against the employer regard12 ing payment of Federal or State royalties; 

13 and 

14 (B) records of— 

15 (i) prices charged by the employer for 

16 sales of minerals to captive affiliates of the 

17 employer; and 

18 (ii) prices charged by such affiliates 

19 for subsequent resales of such minerals. 

20 SEC. 108. ROYALTY IN KIND. 

21 (a) ONSHORE OIL AND GAS LEASE ROYALTIES.— 

22 Section 36 of the Mineral Leasing Act (30 U.S.C. 192) 

23 is amended in the first sentence by inserting ‘‘, except that 

24 the Secretary may not demand such payments in oil or 


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1 gas greater than the amount necessary to fill the strategic 

2 petroleum reserve’’ after ‘‘paid in oil or gas’’. 

3 (b) OFFSHORE OIL AND GAS LEASE ROYALTIES.— 

4 Section 27(a)(1) of the Outer Continental Shelf Lands Act 

5 (43 U.S.C. 1353(a)) is amended by striking the period at 

6 the end and inserting ‘‘, except that the Secretary may 

7 not demand such payments in oil or gas greater than the 

8 amount necessary to fill the strategic petroleum reserve.’’. 

9 SEC. 109. AMENDMENTS TO DEFINITIONS. 

10 Section 3 of the Federal Oil and Gas Royalty Man11 agement Act of 1982 (30 U.S.C. 1702) is amended— 

12 (1) in paragraph (8), by striking the semicolon 

13 and inserting ‘‘, including the Act of October 20, 

14 1914 (38 Stat. 741), the Act of February 25, 1920 

15 (41 Stat. 437), the Act of April 17, 1926 (44 Stat. 

16 301), the Act of February 7, 1927 (44 Stat. 1057), 

17 and all Acts heretofore or hereafter enacted that are 

18 amendatory of or supplementary to any of the fore19 going Acts;’’; 

20 (2) in paragraph (20)(A), by striking ‘‘: Pro21 vided, That’’ and all that follows through ‘‘subject of 

22 the judicial proceeding’’; 

23 (3) in paragraph (20)(B), by striking ‘‘(with 

24 written notice to the lessee who designated the des25 ignee)’’; 


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1 (4) in paragraph (23)(A), by striking ‘‘(with 

2 written notice to the lessee who designated the des3 ignee)’’; 

4 (5) by striking paragraph (24) and inserting 

5 the following: 

6 ‘‘(24) ‘designee’ means a person who pays, off7 sets, or credits monies, makes adjustments, requests 

8 and receives refunds, or submits reports with respect 

9 to payments a lessee must make pursuant to section 

10 102(a);’’; 

11 (6) in paragraph (25), in subparagraph (B)— 

12 (A) by striking ‘‘(subject to the provisions 

13 of section 102(a) of this Act)’’; and 

14 (B) in clause (ii), by striking subclause 

15 (IV) and all that follows through the end of the 

16 subparagraph and inserting the following: 

17 ‘‘(IV) any assignment, 

18 that arises from or relates to any lease, 

19 easement, right-of-way, permit, or other 

20 agreement regardless of form administered 

21 by the Secretary for, or any mineral leas22 ing law related to, the exploration, produc23 tion, and development of oil and gas or 

24 other energy resource on Federal lands or 

25 the Outer Continental Shelf;’’; 


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1 (7) in paragraph (29), by inserting ‘‘or permit’’ 

2 after ‘‘lease’’; and 

3 (8) by striking ‘‘and’’ after the semicolon at the 

4 end of paragraph (32), by striking the period at the 

5 end of paragraph (33) and inserting a semicolon, 

6 and by adding at the end the following new para7 graphs: 

8 ‘‘(34) ‘compliance review’ means a full-scope or 

9 a limited-scope examination of a lessee’s lease ac10 counts to compare one or all elements of the royalty 

11 equation (volume, value, royalty rate, and allow12 ances) against anticipated elements of the royalty 

13 equation to test for variances; and 

14 ‘‘(35) ‘marketing affiliate’ means an affiliate of 

15 a lessee whose function is to acquire the lessee’s pro16 duction and to market that production.’’. 

17 SEC. 110. COMPLIANCE REVIEWS. 

18 Section 101 of the Federal Oil and Gas Royalty Man19 agement Act of 1982 (30 U.S.C. 1711) is amended by 

20 adding at the end the following new subsection: 

21 ‘‘(d) The Secretary may, as an adjunct to audits of 

22 accounts for leases, utilize compliance reviews of accounts. 

23 Such reviews shall not constitute nor substitute for audits 

24 of lease accounts. Any disparity uncovered in such a com25 pliance review shall be immediately referred to a program 


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1 auditor. The Secretary shall, before completion of a com2 pliance review, provide notice of the review to designees 

3 whose obligations are the subject of the review.’’. 

4 SEC. 111. LIABILITY FOR ROYALTY PAYMENTS. 

5 Section 102(a) of the Federal Oil and Gas Royalty 

6 Management Act of 1982 (30 U.S.C. 1712(a)) is amended 

7 to read as follows: 

8 ‘‘(a) In order to increase receipts and achieve effec9 tive collections of royalty and other payments, a lessee who 

10 is required to make any royalty or other payment under 

11 a lease, easement, right-of-way, permit, or other agree12 ment, regardless of form, or under the mineral leasing 

13 laws, shall make such payment in the time and manner 

14 as may be specified by the Secretary or the applicable dele15 gated State. Any person who pays, offsets, or credits mon16 ies, makes adjustments, requests and receives refunds, or 

17 submits reports with respect to payments the lessee must 

18 make is the lessee’s designee under this Act. Notwith19 standing any other provision of this Act to the contrary, 

20 a designee shall be liable for any payment obligation of 

21 any lessee on whose behalf the designee pays royalty under 

22 the lease. The person owning operating rights in a lease 

23 and a person owning legal record title in a lease shall be 

24 liable for that person’s pro rata share of payment obliga25 tions under the lease.’’. 


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1 SEC. 112. RECORDKEEPING. 

2 Section 103(b) of the Federal Oil and Gas Royalty 

3 Management Act of 1982 (30 U.S.C. 1712(a)) is amended 

4 by striking ‘‘6’’ and inserting ‘‘7’’. 

5 SEC. 113. ADJUSTMENTS AND REFUNDS. 

6 Section 111A of the Federal Oil and Gas Royalty 

7 Management Act of 1982 (30 U.S.C. 1721a) is amend8 ed— 

9 (1) in subsection (a)(3), by inserting ‘‘(A)’’ after 

10 ‘‘(3)’’, and by striking the last sentence and inserting the 

11 following: 

12 ‘‘(B) Except as provided in subparagraph 

13 (C), no adjustment may be made with respect 

14 to an obligation that is the subject of an audit 

15 or compliance review after completion of the 

16 audit or compliance review, respectively, unless 

17 such adjustment is approved by the Secretary 

18 or the applicable delegated State, as appro19 priate. 

20 ‘‘(C) If an overpayment is identified during 

21 an audit, the Secretary shall allow a credit in 

22 the amount of the overpayment.’’; 

23 (2) in subsection (a)(4)— 

24 (A) by striking ‘‘six-year’’ and inserting 

25 ‘‘four-year’’; and 


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1 (B) by striking ‘‘shall’’ the first time such 

2 term appears and inserting ‘‘may’’; and 

3 (3) in subsection (b)(1) by striking ‘‘and’’ after 

4 the semicolon at the end of subparagraph (C), by 

5 striking the period at the end of subparagraph (D) 

6 and inserting ‘‘; and’’, and by adding at the end the 

7 following: 

8 ‘‘(E) is made within the adjustment period 

9 for that obligation.’’. 

10 SEC. 114. OBLIGATION PERIOD. 

11 Section 115(c) of the Federal Oil and Gas Royalty 

12 Management Act of 1982 (30 U.S.C. 1724(c)) is amended 

13 by adding at the end the following new paragraph: 

14 ‘‘(3) ADJUSTMENTS.—In the case of an adjust15 ment under section 111A(a) in which a recoupment 

16 by the lessee results in an underpayment of an obli17 gation, for purposes of this Act the obligation be18 comes due on the date the lessee or its designee 

19 makes the adjustment.’’. 

20 SEC. 115. TOLLING AGREEMENTS AND SUBPOENAS. 

21 (a) TOLLING AGREEMENTS.—Section 115(d)(1) of 

22 the Federal Oil and Gas Royalty Management Act of 1982 

23 (30 U.S.C. 1724(d)(1)) is amended by striking ‘‘(with no24 tice to the lessee who designated the designee)’’. 


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1 (b) SUBPOENAS.—Section 115(d)(2)(A) of the Fed2 eral Oil and Gas Royalty Management Act of 1982 (30 

3 U.S.C. 1724(d)(2)(A)) is amended by striking ‘‘(with no4 tice to the lessee who designated the designee, which notice 

5 shall not constitute a subpoena to the lessee)’’. 

6 SEC. 116. APPEALS. 

7 Section 115(h) of the Federal Oil and Gas Royalty 

8 Management Act of 1982 (30 U.S.C. 1724(h)) is amend9 ed— 

10 (1) in paragraph (1), in the heading, by strik11 ing ‘‘33-MONTH’’ and inserting ‘‘48-MONTH’’; 

12 (2) by striking ‘‘33 months’’ each place it ap13 pears and inserting ‘‘48 months’’; and 

14 (3) by striking ‘‘33-month’’ each place it ap15 pears and inserting ‘‘48-month’’. 

16 SEC. 117. ASSESSMENTS. 

17 Section 116 of the Federal Oil and Gas Royalty Man18 agement Act of 1982 (30 U.S.C. 1724) is repealed. 

19 SEC. 118. PILOT PROJECT ON AUTOMATIC DATA TRANSFER. 

20 (a) PILOT PROJECT.—Within 2 years after the date 

21 of the enactment of this Act, the Secretary of the Interior 

22 shall complete a pilot project with willing operators of oil 

23 and gas leases on the outer Continental Shelf (as such 

24 term is defined in the Outer Continental Shelf Lands Act 

25 (43 U.S.C. 1331 et seq.)) that assesses the costs and beneVerDate Sep 11 2014 21:17 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4426.IH H4426

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1 fits of automatic transmission of data regarding the vol2 ume and quality of oil and gas produced under Federal 

3 leases on the outer Continental Shelf in order to improve 

4 the production verification systems used to ensure accu5 rate royalty collection and audit. 

6 (b) REPORT.—The Secretary shall submit to Con7 gress a report on findings and recommendations of the 

8 pilot project within 3 years after the date of the enactment 

9 of this Act. 

10 SEC. 119. PENALTY FOR LATE OR INCORRECT REPORTING 

11 OF DATA. 

12 (a) IN GENERAL.—The Secretary of the Interior shall 

13 issue regulations by not later than 1 year after the date 

14 of enactment of this Act that establish a civil penalty for 

15 late or incorrect reporting of data under the Federal Oil 

16 and Gas Royalty Management Act of 1982 (30 U.S.C. 

17 1701 et seq.). 

18 (b) AMOUNT.—The amount of the civil penalty shall 

19 be— 

20 (1) an amount (subject to paragraph (2)) that 

21 the Secretary determines is sufficient to ensure filing 

22 of data in accordance with that Act; and 

23 (2) not less than $10 for each failure to file 

24 correct data in accordance with that Act. 


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1 (c) CONTENT OF REGULATIONS.—Except as provided 

2 in subsection (b), the regulations issued under this section 

3 shall be substantially similar to section 216.40 of title 30, 

4 Code of Federal Regulations, as most recently in effect 

5 before the date of enactment of this Act. 

6 SEC. 120. REQUIRED RECORDKEEPING FOR NATURAL GAS 

7 PLANTS. 

8 No later than 1 year after the date of the enactment 

9 of this Act, the Secretary of the Interior shall publish final 

10 regulations with respect to required recordkeeping of nat11 ural gas measurement data as set forth in section 

12 250.1203 of title 30, Code of Federal Regulations (as in 

13 effect on the date of enactment of this Act), to include 

14 operators and other persons involved in the transporting, 

15 purchasing, or selling of gas under the requirements of 

16 that rule, under the authority provided in section 103 of 

17 the Federal Oil and Gas Royalty Management Act of 1982 

18 (30 U.S.C. 1713). 

19 SEC. 121. SHARED PENALTIES. 

20 Section 206 of the Federal Oil and Gas Royalty Man21 agement Act of 1982 (30 U.S.C. 1736) is amended by 

22 striking ‘‘Any payments under this section shall be re23 duced by an amount equal to any payments provided or 

24 due to such State or Indian tribe under the cooperative 

25 agreement or delegation, as applicable, during the fiscal 


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1 year in which the civil penalty is received, up to the total 

2 amount provided or due for that fiscal year.’’. 

3 SEC. 122. APPLICABILITY TO OTHER MINERALS. 

4 Section 304 of the Federal Oil and Gas Royalty Man5 agement Act of 1982 (30 U.S.C. 1753) is amended by 

6 adding at the end the following new subsection: 

7 ‘‘(e) APPLICABILITY TO OTHER MINERALS.— 

8 ‘‘(1) Notwithstanding any other provision of 

9 law, sections 107, 109, and 110 of this Act and the 

10 regulations duly promulgated with respect thereto 

11 shall apply to any lease authorizing the development 

12 of coal or any other solid mineral on any Federal 

13 lands or Indian lands, to the same extent as if such 

14 lease were an oil and gas lease, on the same terms 

15 and conditions as those authorized for oil and gas 

16 leases. 

17 ‘‘(2) Notwithstanding any other provision of 

18 law, sections 107, 109, and 110 of this Act and the 

19 regulations duly promulgated with respect thereto 

20 shall apply with respect to any lease, easement, 

21 right-of-way, or other agreement, regardless of form 

22 (including any royalty, rent, or other payment due 

23 thereunder)— 


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1 ‘‘(A) under section 8(k) or 8(p) of the 

2 Outer Continental Shelf Lands Act (43 U.S.C. 

3 1337(k) and 1337(p)); or 

4 ‘‘(B) under the Geothermal Steam Act (30 

5 U.S.C. 1001 et seq.), to the same extent as if 

6 such lease, easement, right-of-way, or other 

7 agreement were an oil and gas lease on the 

8 same terms and conditions as those authorized 

9 for oil and gas leases. 

10 ‘‘(3) For the purposes of this subsection, the 

11 term ‘solid mineral’ means any mineral other than 

12 oil, gas, and geo-pressured-geothermal resources, 

13 that is authorized by an Act of Congress to be pro14 duced from public lands (as that term is defined in 

15 section 103 of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1702)).’’. 

17 SEC. 123. ENTITLEMENTS. 

18 (a) DIRECTED RULEMAKING.—Not later than 180 

19 days after the date of the enactment of this Act, the Sec20 retary of the Interior shall publish final regulations pre21 scribing when a Federal lessee or designee must report 

22 and pay royalties on— 

23 (1) the volume of oil and gas such lessee or des24 ignee produces or takes under a Federal lease or In25 dian lease; or 


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1 (2) the volume of oil and gas that such lessee 

2 or designee is entitled to based on its ownership in3 terest under a unitization agreement for Federal 

4 leases or Indian leases. 

5 (b) 100 PERCENT ENTITLEMENT REPORTING AND

6 PAYING.—The Secretary shall give consideration to re7 quiring 100 percent entitlement reporting and paying 

8 based on Federal or Indian oil and gas lease ownership. 

9 SEC. 124. ROYALTIES ON ALL EXTRACTED METHANE. 

10 (a) ASSESSMENT ON ALL PRODUCTION.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), royalties otherwise authorized or required 

13 under the mineral leasing laws (as that term is de14 fined in the Federal Oil and Gas Royalty Manage15 ment Act of 1982 (30 U.S.C. 1701 et seq.)) to be 

16 paid for gas shall be assessed on all gas produced 

17 under the mineral leasing laws, including— 

18 (A) gas used or consumed within the area 

19 of the lease tract for the benefit of the lease 

20 (commonly referred to as ‘‘beneficial use gas’’); 

21 and 

22 (B) all gas that is consumed or lost by 

23 venting, flaring, or fugitive releases through any 

24 equipment during upstream operations. 


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1 (2) EXCEPTION.—Paragraph (1) shall not 

2 apply with respect to— 

3 (A) gas vented or flared in an acute emer4 gency situation that poses danger to human 

5 health that occurs for no longer than 48 hours; 

6 and 

7 (B) gas injected into the ground on a lease 

8 tract in order to enhance production of an oil 

9 or gas well or for some other purpose. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) MINERAL LEASING ACT.—The Mineral 

12 Leasing Act is amended— 

13 (A) in section 14 (30 U.S.C. 223), by add14 ing at the end the following: ‘‘Notwithstanding 

15 any other provision of this Act (including this 

16 section), royalty shall be assessed with respect 

17 to oil and gas, other than gas described in sec18 tion 124(a)(2) of the Sustainable Energy Devel19 opment Reform Act, without regard to whether 

20 oil or gas is removed or sold from the leased 

21 land.’’; 

22 (B) in section 17 (30 U.S.C. 226), by 

23 striking ‘‘removed or sold’’ each place it ap24 pears; 


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1 (C) in section 22 (30 U.S.C. 251), by 

2 striking ‘‘sold or removed’’; and 

3 (D) in section 31 (30 U.S.C. 188), by 

4 striking ‘‘removed or sold’’ each place it ap5 pears. 

6 (2) OUTER CONTINENTAL SHELF LANDS ACT.— 

7 The Outer Continental Shelf Lands Act is amend8 ed— 

9 (A) in section 6(a)(8) (43 U.S.C. 

10 1335(a)(8)), by striking ‘‘saved, removed, or 

11 sold’’ each place it appears; and 

12 (B) in section 8(a) (43 U.S.C. 1337(a))— 

13 (i) in paragraph (1), by striking 

14 ‘‘saved, removed, or sold’’ each place it ap15 pears; and 

16 (ii) by adding at the end the fol17 lowing: 

18 ‘‘(9) Notwithstanding any other provision of 

19 this Act (including this section), royalty under this 

20 Act shall be assessed with respect to oil and gas, 

21 other than gas described in section 124(a)(2) of the 

22 Sustainable Energy Development Reform Act, with23 out regard to whether oil or gas is removed or sold 

24 from the leased land.’’. 


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1 (c) APPLICATION.—The amendments made by this 

2 section shall apply only with respect to leases issued on 

3 or after the date of the enactment of this Act. 

4 TITLE II—ENCOURAGING DEVEL5 OPMENT OF RENEWABLE EN6 ERGY 

7 Subtitle A—Environmental 

8 Reviews and Permitting 

9 SEC. 201. DEFINITIONS. 

10 In this subtitle: 

11 (1) COVERED LAND.—The term ‘‘covered land’’ 

12 means land that is— 

13 (A) public land administered by the Sec14 retary of the Interior; and 

15 (B) not excluded from the development of 

16 geothermal, solar, or wind energy under— 

17 (i) a land use plan established under 

18 the Federal Land Policy and Management 

19 Act of 1976 (43 U.S.C. 1701 et seq.); or 

20 (ii) other Federal law. 

21 (2) DIRECTOR.—The term ‘‘Director’’ means 

22 the Director of the Bureau of Land Management. 

23 (3) EXCLUSION AREA.—The term ‘‘exclusion 

24 area’’ means covered land that is identified by the 


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1 Bureau of Land Management as not suitable for de2 velopment of renewable energy projects. 

3 (4) PRIORITY AREA.—The term ‘‘priority area’’ 

4 means covered land identified by the land use plan5 ning process of the Bureau of Land Management as 

6 being a preferred location for a renewable energy 

7 project. 

8 (5) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means— 

10 (A) land of the National Forest System (as 

11 defined in section 11(a) of the Forest and 

12 Rangeland Renewable Resources Planning Act 

13 of 1974 (16 U.S.C. 1609(a))); and 

14 (B) public land. 

15 (6) FUND.—The term ‘‘Fund’’ means the Re16 newable Energy Resource Conservation Fund estab17 lished by section 207(c)(1). 

18 (7) PUBLIC LAND.—The term ‘‘public land’’ 

19 has the meaning given the term ‘‘public lands’’ in 

20 section 103 of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1702). 

22 (8) RENEWABLE ENERGY PROJECT.—The term 

23 ‘‘renewable energy project’’ means a project carried 

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1 thermal, wave, current, tidal, or ocean thermal en2 ergy to generate electricity. 

3 (9) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (10) VARIANCE AREA.—The term ‘‘variance 

6 area’’ means covered land that is— 

7 (A) not an exclusion area; 

8 (B) not a priority area; and 

9 (C) identified by the Secretary as— 

10 (i) potentially available for renewable 

11 energy development; and 

12 (ii) land on which such development 

13 can be conducted under a land use plan 

14 previously approved, and consistent with 

15 the principles of multiple use applicable, 

16 under the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1701 et 

18 seq.). 

19 SEC. 202. RENEWABLE ENERGY GOAL. 

20 The Secretary of the Interior and the Secretary of 

21 Agriculture shall seek to issue permits that authorize pro22 duction of not less than 25 gigawatts of electricity from 

23 renewable energy projects by not later than 2025, through 

24 management of public lands, and administration of Fed25 eral laws, under their respective jurisdictions. 


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1 SEC. 203. COORDINATION. 

2 The Secretary shall establish a position in the De3 partment of the Interior with the responsibility to— 

4 (1) coordinate renewable energy project reviews 

5 across agencies of the Department; and 

6 (2) report to Congress annually on the effec7 tiveness of such coordination efforts. 

8 SEC. 204. LAND USE PLANNING; SUPPLEMENTS TO PRO9 GRAMMATIC ENVIRONMENTAL IMPACT 

10 STATEMENTS. 

11 (a) PRIORITY AREAS.— 

12 (1) IN GENERAL.—The Director shall establish 

13 priority areas on covered land for geothermal, solar, 

14 and wind energy projects. 

15 (2) DEADLINE.— 

16 (A) GEOTHERMAL ENERGY.—For geo17 thermal energy, the Director shall establish pri18 ority and variance areas as soon as practicable, 

19 but not later than 5 years, after the date of en20 actment of this Act. 

21 (B) SOLAR ENERGY.—For solar energy, 

22 the 2012 western solar plan of the Bureau of 

23 Land Management, as amended by subsequent 

24 land use plan amendments, shall be considered 

25 to establish priority and variance areas for solar 

26 energy projects. 


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1 (C) WIND ENERGY.—For geothermal en2 ergy, the Director shall establish priority and 

3 variance areas as soon as practicable, but not 

4 later than 3 years, after the date of enactment 

5 of this Act. 

6 (b) VARIANCE AREAS.—To the maximum extent 

7 practicable, variance areas shall be considered for renew8 able energy project development, consistent with the prin9 ciples of multiple use (as defined in the Federal Land Pol10 icy and Management Act of 1976 (43 U.S.C. 1701 et 

11 seq.)). 

12 (c) REVIEW AND MODIFICATION.—Not less fre13 quently than once every 10 years, the Director shall— 

14 (1) review the adequacy of land allocations for 

15 geothermal, solar, and wind energy priority and vari16 ance areas for the purpose of encouraging new re17 newable energy development opportunities; and 

18 (2) based on the review carried out under para19 graph (1), add, modify, or eliminate priority and 

20 variance areas. 

21 (d) COMPLIANCE WITH THE NATIONAL ENVIRON22 MENTAL POLICY ACT OF 1969.—For purposes of this sec23 tion, compliance with the National Environmental Policy 

24 Act of 1969 (42 U.S.C. 4321 et seq.) shall be accom25 plished— 


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1 (1) for geothermal energy, by supplementing 

2 the October 2008 final programmatic environmental 

3 impact statement for geothermal leasing in the west4 ern United States; 

5 (2) for solar energy, by supplementing the July 

6 2012 final programmatic environmental impact 

7 statement for solar energy projects through more de8 tailed regional analyses; and 

9 (3) for wind energy, by supplementing the July 

10 2005 final programmatic environmental impact 

11 statement for wind energy projects. 

12 (e) NO EFFECT ON PROCESSING APPLICATIONS.—A 

13 requirement to prepare a supplement to a programmatic 

14 environmental impact statement under this section shall 

15 not result in any delay in processing an application for 

16 a renewable energy project. 

17 (f) COORDINATION.—In developing a supplement re18 quired by this section, the Secretary shall coordinate, on 

19 an ongoing basis, with appropriate State, tribal, and local 

20 governments, transmission infrastructure owners and op21 erators, developers, and other appropriate entities to en22 sure that priority areas identified by the Secretary are— 

23 (1) economically viable (including having access 

24 to transmission); 


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1 (2) likely to avoid or minimize impacts to habi2 tat for animals and plants, recreation, and other 

3 uses of covered land; and 

4 (3) consistent with section 202 of the Federal 

5 Land Policy and Management Act of 1976 (43 

6 U.S.C. 1712), including subsection (c)(9) of that 

7 section (43 U.S.C. 1712(c)(9)). 

8 (g) REMOVAL FROM CLASSIFICATION.—In carrying 

9 out subsections (a), (d), and (e), if the Secretary deter10 mines an area previously suited for development should 

11 be removed from priority or variance classification, not 

12 later than 90 days after the date of the determination, 

13 the Secretary shall submit to Congress a report on the 

14 determination. 

15 SEC. 205. ENVIRONMENTAL REVIEW ON COVERED LAND. 

16 (a) IN GENERAL.—If the Director determines that a 

17 proposed renewable energy project has been sufficiently 

18 analyzed by a programmatic environmental impact state19 ment prepared under section 204(d), the head of the appli20 cable Federal agency shall not require any additional re21 view under the National Environmental Policy Act of 1969 

22 (42 U.S.C. 4321 et seq.). 

23 (b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 

24 Director determines that additional environmental review 

25 under the National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) is necessary for a proposed renewable 

2 energy project, the head of the applicable Federal agency 

3 shall rely on the analysis in the programmatic environ4 mental impact statement conducted under section 204(d), 

5 to the maximum extent practicable when analyzing the po6 tential impacts of the project. 

7 SEC. 206. PROGRAM TO IMPROVE RENEWABLE ENERGY 

8 PROJECT PERMIT COORDINATION. 

9 (a) ESTABLISHMENT.—The Secretary shall establish 

10 a program to improve Federal permit coordination with 

11 respect to renewable energy projects on covered land. 

12 (b) MEMORANDUM OF UNDERSTANDING.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Sec15 retary shall enter into a memorandum of under16 standing for purposes of this section, including to 

17 specifically expedite the environmental analysis of 

18 applications for projects proposed in a variance area, 

19 with— 

20 (A) the Secretary of Agriculture; and 

21 (B) the Assistant Secretary of the Army 

22 for Civil Works. 

23 (2) STATE PARTICIPATION.—The Secretary 

24 may request the Governor of any interested State to 


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1 be a signatory to the memorandum of understanding 

2 under paragraph (1). 

3 (c) DESIGNATION OF QUALIFIED STAFF.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the date on which the memorandum of under6 standing under subsection (b) is executed, all Fed7 eral signatories, as appropriate, shall identify for 

8 each of the Bureau of Land Management Renewable 

9 Energy Coordination Offices an employee who has 

10 expertise in the regulatory issues relating to the of11 fice in which the employee is employed, including, as 

12 applicable, particular expertise in— 

13 (A) consultation regarding, and prepara14 tion of, biological opinions under section 7 of 

15 the Endangered Species Act of 1973 (16 U.S.C. 

16 1536); 

17 (B) permits under section 404 of Federal 

18 Water Pollution Control Act (33 U.S.C. 1344); 

19 (C) regulatory matters under the Clean Air 

20 Act (42 U.S.C. 7401 et seq.); 

21 (D) planning under section 14 of the Na22 tional Forest Management Act of 1976 (16 

23 U.S.C. 472a); 

24 (E) the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1701 et seq.); 


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1 (F) the Migratory Bird Treaty Act (16 

2 U.S.C. 703 et seq.); and 

3 (G) the preparation of analyses under the 

4 National Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.). 

6 (2) DUTIES.—Each employee identified under 

7 paragraph (1) shall— 

8 (A) be responsible for all issues relating to 

9 the jurisdiction of the home office or agency of 

10 the employee; and 

11 (B) participate as part of the team of per12 sonnel working on proposed energy projects, 

13 planning, monitoring, inspection, enforcement, 

14 and environmental analyses. 

15 (d) RENEWABLE ENERGY COORDINATION OF16 FICES.—In carrying out the program established under 

17 subsection (a), the Secretary may— 

18 (1) establish additional Bureau of Land Man19 agement Renewable Energy Coordination Offices; or 

20 (2) temporarily assign the qualified employees 

21 identified under subsection (c) to a State, district, or 

22 field office of the Bureau of Land Management to 

23 expedite the permitting of renewable energy projects. 

24 (e) REPORT TO CONGRESS.— 


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1 (1) IN GENERAL.—Not later than February 1 

2 of the first fiscal year beginning after the date of en3 actment of this Act, and each February 1 thereafter, 

4 the Secretary shall submit to the Chairperson and 

5 Ranking Member of the Committee on Energy and 

6 Natural Resources of the Senate and the Committee 

7 on Natural Resources of the House of Representa8 tives a report describing the progress made pursuant 

9 to the program under this subtitle during the pre10 ceding year. 

11 (2) INCLUSIONS.—Each report under this sub12 section shall include— 

13 (A) projections for renewable energy pro14 duction and capacity installations; and 

15 (B) a description of any problems relating 

16 to leasing, permitting, siting, or production. 

17 SEC. 207. DISPOSITION OF REVENUES. 

18 (a) DISPOSITION OF REVENUES.—Without further 

19 appropriation or fiscal year limitation, of the amounts col20 lected as bonus bids, royalties, rentals, fees, or other pay21 ments under a right-of-way, permit, lease, or other author22 ization (other than payments under section 504(g) of the 

23 Federal Land Policy and Management Act of 1976 (43 

24 U.S.C. 1764(g))) for the development of wind or solar en25 ergy on covered land— 


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1 (1) 25 percent shall be paid by the Secretary of 

2 the Treasury to the State within the boundaries of 

3 which the revenue is derived; 

4 (2) 25 percent shall be paid by the Secretary of 

5 the Treasury to the one or more counties within the 

6 boundaries of which the revenue is derived, to be al7 located among the counties based on the percentage 

8 of land from which the revenue is derived; 

9 (3) to be deposited in the Treasury and be 

10 made available to the Secretary to carry out the pro11 gram established by section 206, including the trans12 fer of the funds by the Bureau of Land Management 

13 to other Federal agencies and State agencies to fa14 cilitate the processing of renewable energy permits 

15 on Federal land, with priority given to using the 

16 amounts, to the maximum extent practicable, for ex17 pediting the issuance of permits required for the de18 velopment of renewable energy projects in the States 

19 from which the revenues are derived— 

20 (A) 25 percent for each of fiscal years 

21 2018 through 2025; 

22 (B) 20 percent for each of fiscal years 

23 2026 through 2030; 

24 (C) 15 percent for each of fiscal years 

25 2031 through 2035; and 


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1 (D) 10 percent for fiscal year 2036 and 

2 each fiscal year thereafter; and 

3 (4) to be deposited in the Renewable Energy 

4 Resource Conservation Fund established by sub5 section (c)— 

6 (A) 25 percent for each of fiscal years 

7 2018 through 2025; 

8 (B) 30 percent for each of fiscal years 

9 2026 through 2030; 

10 (C) 35 percent for each of fiscal years 

11 2031 through 2035; and 

12 (D) 40 percent for fiscal year 2036 and 

13 each fiscal year thereafter. 

14 (b) PAYMENTS TO STATES AND COUNTIES.— 

15 (1) IN GENERAL.—Amounts paid to States and 

16 counties under subsection (a) shall be used con17 sistent with section 35 of the Mineral Leasing Act 

18 (30 U.S.C. 191). 

19 (2) PAYMENTS IN LIEU OF TAXES.—A payment 

20 to a county under paragraph (1) shall be in addition 

21 to a payment in lieu of taxes received by the county 

22 under chapter 69 of title 31, United States Code. 

23 (c) RENEWABLE ENERGY RESOURCE CONSERVATION

24 FUND.— 


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1 (1) IN GENERAL.—There is established in the 

2 Treasury a separate account, to be known as the 

3 ‘‘Renewable Energy Resource Conservation Fund’’, 

4 which shall be available to the Secretary for use, in 

5 consultation with the Secretary of Agriculture, in ac6 cordance with paragraph (2). 

7 (2) USE OF FUNDS.—The Secretary may make 

8 funds in the Fund available to Federal, State, and 

9 tribal agencies for distribution in regions in which 

10 renewable energy projects are located on Federal 

11 land, for the purposes of— 

12 (A) restoring and protecting— 

13 (i) fish and wildlife habitat for species 

14 affected by wind, geothermal, or solar en15 ergy development; 

16 (ii) fish and wildlife corridors for spe17 cies affected by such development; and 

18 (iii) water resources in areas affected 

19 by such development; and 

20 (B) preserving and improving recreational 

21 access to Federal land and water in a region af22 fected by such development, through an ease23 ment, right-of-way, or other instrument exe24 cuted by willing landowners for the purpose of 

25 enhancing public access to existing Federal land 


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1 and water that is inaccessible or significantly 

2 restricted. 

3 (3) PARTNERSHIPS.—The Secretary may enter 

4 into cooperative agreements with State and tribal 

5 agencies, nonprofit organizations, and other appro6 priate entities to carry out the activities described in 

7 subparagraphs (A) and (B) of paragraph (2). 

8 (4) INVESTMENT OF FUND.— 

9 (A) IN GENERAL.—Any amounts deposited 

10 in the Fund shall earn interest in an amount 

11 determined by the Secretary of the Treasury on 

12 the basis of the current average market yield on 

13 outstanding marketable obligations of the 

14 United States of comparable maturities. 

15 (B) USE.—Any interest earned under sub16 paragraph (A) may be expended in accordance 

17 with this subsection. 

18 (5) INTENT OF CONGRESS.—It is the intent of 

19 Congress that the revenues deposited and used in 

20 the Fund shall supplement and not supplant annual 

21 appropriations for conservation activities described 

22 in paragraph (2)(A). 

23 SEC. 208. STUDY AND REPORT ON CONSERVATION BANK24 ING. 

25 (a) STUDY.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Secre3 taries shall carry out a study on the siting, develop4 ment, and management of projects to determine the 

5 feasibility of carrying out a conservation banking 

6 program on Federal land. 

7 (2) CONTENTS.—The study under paragraph 

8 (1) shall— 

9 (A) identify areas in which— 

10 (i) privately owned land is not avail11 able to fully offset the impacts of solar or 

12 wind energy development on federally ad13 ministered land; or 

14 (ii) mitigation investments on Federal 

15 land are likely to provide greater conserva16 tion value for impacts of solar or wind en17 ergy development on federally administered 

18 land; and 

19 (B) examine— 

20 (i) the effectiveness of laws (including 

21 regulations) and policies in effect on the 

22 date of enactment of this Act in facili23 tating the development and effective oper24 ation of conservation banks; 


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1 (ii) the advantages and disadvantages 

2 of using conservation banks on Federal 

3 land to mitigate impacts to natural re4 sources on State, tribal, and private land; 

5 and 

6 (iii) any changes in Federal law (in7 cluding regulations) or policy necessary to 

8 further develop a Federal conservation 

9 banking program. 

10 (b) REPORT TO CONGRESS.—Not later than 18 

11 months after the date of enactment of this Act, the Secre12 taries shall jointly submit to Congress a report that in13 cludes— 

14 (1) the recommendations of the Secretaries re15 lating to— 

16 (A) the most effective system for Federal 

17 land described in subsection (a)(2)(A) to meet 

18 the goals of facilitating the development of a 

19 conservation banking program on Federal land; 

20 and 

21 (B) any change to Federal law (including 

22 regulations) or policy necessary to address more 

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1 eral land to mitigate impacts to natural re2 sources on State, tribal, and private land; and 

3 (2) any administrative action to be taken by the 

4 Secretaries in response to the recommendations. 

5 (c) AVAILABILITY TO THE PUBLIC.—Not later than 

6 30 days after the date on which the report described in 

7 subsection (b) is submitted to Congress, the Secretaries 

8 shall make the results of the study available to the public. 

9 SEC. 209. BROWNFIELDS. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Environ13 mental Protection Agency. 

14 (2) BROWNFIELD SITE.—The term ‘‘brownfield 

15 site’’ has the meaning given that term in section 

16 (39) of the Comprehensive Environmental Response, 

17 Compensation, and Liability Act of 1980 (42 U.S.C. 

18 9601(39)). 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Energy. 

21 (b) DEPARTMENT OF ENERGY AND ENVIRONMENTAL

22 PROTECTION AGENCY EFFORTS.—The Secretary, in con23 junction with the Administrator, shall— 

24 (1) in partnership with the National Renewable 

25 Energy Laboratory, identify opportunities to 


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1 prioritize renewable energy project development on 

2 brownfield sites; 

3 (2) provide to States, units of local govern4 ments, project developers, and other stakeholders 

5 publicly available resources identifying potential 

6 brownfield sites for renewable energy project devel7 opment, with an emphasis on non-Federal land; and 

8 (3) provide technical assistance to State and 

9 local officials, interested project developers, and 

10 other stakeholders to expedite renewable energy 

11 projects on brownfield sites identified under this 

12 subsection, with an emphasis on non-Federal land. 

13 (c) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Secretary and Administrator 

15 shall submit to Congress a report that includes— 

16 (1) proposals for Federal policies, incentives, or 

17 other means of encouraging renewable energy 

18 projects on sites identified under subsection (b); and 

19 (2) data on existing and potential job creation 

20 from, environmental benefits of, and energy produc21 tion from renewable energy projects on brownfield 

22 sites. 

23 (d) STAKEHOLDER FORUMS.—The Secretary, in con24 junction with the Administrator, shall conduct stakeholder 

25 forums in each region of the United States to assist State 


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1 and local officials, project developers, and other stake2 holders with renewable energy project siting on brownfield 

3 sites, with an emphasis on non-Federal land. 

4 (e) EFFECT.—Nothing in this section affects existing 

5 Federal efforts to promote the reuse and redevelopment 

6 of brownfield sites. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section for each of fiscal years 

10 2018 through 2022. 

11 Subtitle B—Geothermal Energy 

12 SEC. 221. REAUTHORIZATION OF GEOTHERMAL STEAM ACT 

13 OF 1970. 

14 (a) IN GENERAL.—Section 234(a) of the Energy Pol15 icy Act of 2005 (42 U.S.C. 15873(a)) is amended by strik16 ing ‘‘in the first 5 fiscal years beginning after the date 

17 of enactment of this Act’’ and inserting ‘‘through fiscal 

18 year 2022’’. 

19 (b) AUTHORIZATION.—Section 234(b) of the Energy 

20 Policy Act of 2005 (42 U.S.C. 15873(b)) is amended— 

21 (1) by striking ‘‘Amounts’’ and inserting the 

22 following: 

23 ‘‘(1) IN GENERAL.—Amounts’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(2) AUTHORIZATION.—Effective for fiscal year 

2 2018 and each fiscal year thereafter, amounts de3 posited under subsection (a) shall be available to the 

4 Secretary of the Interior for expenditure, subject to 

5 appropriation and without fiscal year limitation, to 

6 implement the Geothermal Steam Act of 1970 (30 

7 U.S.C. 1001 et seq.) and this Act.’’. 

8 SEC. 222. NATIONAL GOAL FOR GEOTHERMAL ENERGY. 

9 It is the sense of Congress that, not later than 10 

10 years after the date of enactment of this Act— 

11 (1) the Secretary of the Interior shall seek to 

12 approve a significant increase in new geothermal en13 ergy capacity on public land across a geographically 

14 diverse set of States using the full range of available 

15 technologies; and 

16 (2) the Director of the Geological Survey and 

17 the Secretary should identify sites capable of pro18 ducing a total of 50,000 megawatts of geothermal 

19 power, using the full range of available technologies, 

20 through a program conducted in collaboration with 

21 industry, including cost-shared exploration drilling. 


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1 SEC. 223. FACILITATION OF COPRODUCTION OF GEO2 THERMAL ENERGY ON OIL AND GAS LEASES. 

3 Section 4(b) of the Geothermal Steam Act of 1970 

4 (30 U.S.C. 1003(b)) is amended by adding at the end the 

5 following: 

6 ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 

7 Land under an oil and gas lease issued pursuant to 

8 the Mineral Leasing Act (30 U.S.C. 181 et seq.) or 

9 the Mineral Leasing Act for Acquired Lands (30 

10 U.S.C. 351 et seq.) that is subject to an approved 

11 application for permit to drill and from which oil 

12 and gas production is occurring may be available for 

13 noncompetitive leasing under this section to the 

14 holder of the oil and gas lease— 

15 ‘‘(A) on a determination that— 

16 ‘‘(i) geothermal energy will be pro17 duced from a well producing or capable of 

18 producing oil and gas; and 

19 ‘‘(ii) national energy security will be 

20 improved by the issuance of such a lease; 

21 and 

22 ‘‘(B) to provide for the coproduction of 

23 geothermal energy with oil and gas.’’. 


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1 SEC. 224. NONCOMPETITIVE LEASING FOR GEOTHERMAL. 

2 Section 4(b) of the Geothermal Steam Act of 1970 

3 (30 U.S.C. 1003(b)) (as amended by section 223) is 

4 amended by adding at the end the following: 

5 ‘‘(5) ADJOINING LAND.— 

6 ‘‘(A) DEFINITIONS.—In this paragraph: 

7 ‘‘(i) FAIR MARKET VALUE PER

8 ACRE.—The term ‘fair market value per 

9 acre’ means a dollar amount per acre 

10 that— 

11 ‘‘(I) except as provided in this 

12 clause, shall be equal to the market 

13 value per acre (taking into account 

14 the determination under subparagraph 

15 (B)(iii) regarding a valid discovery on 

16 the adjoining land), as determined by 

17 the Secretary under regulations issued 

18 under this paragraph; 

19 ‘‘(II) shall be determined by the 

20 Secretary with respect to a lease 

21 under this paragraph, by not later 

22 than the end of the 180-day period 

23 beginning on the date the Secretary 

24 receives an application for the lease; 

25 and 


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1 ‘‘(III) shall be not less than the 

2 greater of— 

3 ‘‘(aa) 4 times the median 

4 amount paid per acre for all land 

5 leased under this Act during the 

6 preceding year; or 

7 ‘‘(bb) $50. 

8 ‘‘(ii) INDUSTRY STANDARDS.—The 

9 term ‘industry standards’ means the stand10 ards by which a qualified geothermal pro11 fessional assesses whether downhole or 

12 flowing temperature measurements with 

13 indications of permeability are sufficient to 

14 produce energy from geothermal resources, 

15 as determined through flow or injection 

16 testing or measurement of lost circulation 

17 while drilling. 

18 ‘‘(iii) QUALIFIED FEDERAL LAND.— 

19 The term ‘qualified Federal land’ means 

20 land that is otherwise available for leasing 

21 under this Act. 

22 ‘‘(iv) QUALIFIED GEOTHERMAL PRO23 FESSIONAL.—The term ‘qualified geo24 thermal professional’ means an individual 

25 who is an engineer or geoscientist in good 


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1 professional standing with at least 5 years 

2 of experience in geothermal exploration, 

3 development, or project assessment. 

4 ‘‘(v) QUALIFIED LESSEE.—The term 

5 ‘qualified lessee’ means a person that is el6 igible to hold a geothermal lease under this 

7 Act (including applicable regulations). 

8 ‘‘(vi) VALID DISCOVERY.—The term 

9 ‘valid discovery’ means a discovery of a 

10 geothermal resource by a new or existing 

11 slim hole or production well, that exhibits 

12 downhole or flowing temperature measure13 ments with indications of permeability that 

14 are sufficient to meet industry standards. 

15 ‘‘(B) AUTHORITY.—An area of qualified 

16 Federal land that adjoins other land for which 

17 a qualified lessee holds a legal right to develop 

18 geothermal resources may be available for a 

19 noncompetitive lease under this section to the 

20 qualified lessee at the fair market value per 

21 acre, if— 

22 ‘‘(i) the area of qualified Federal 

23 land— 


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1 ‘‘(I) consists of not less than 1 

2 acre and not more than 640 acres; 

3 and 

4 ‘‘(II) is not already leased under 

5 this Act or nominated to be leased 

6 under subsection (a); 

7 ‘‘(ii) the qualified lessee has not pre8 viously received a noncompetitive lease 

9 under this paragraph in connection with 

10 the valid discovery for which data has been 

11 submitted under clause (iii)(I); and 

12 ‘‘(iii) sufficient geological and other 

13 technical data prepared by a qualified geo14 thermal professional has been submitted by 

15 the qualified lessee to the applicable Fed16 eral land management agency that would 

17 lead individuals who are experienced in the 

18 subject matter to believe that— 

19 ‘‘(I) there is a valid discovery of 

20 geothermal resources on the land for 

21 which the qualified lessee holds the 

22 legal right to develop geothermal re23 sources; and 

24 ‘‘(II) that thermal feature ex25 tends into the adjoining areas. 


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1 ‘‘(C) DETERMINATION OF FAIR MARKET

2 VALUE.— 

3 ‘‘(i) IN GENERAL.—The Secretary 

4 shall— 

5 ‘‘(I) publish a notice of any re6 quest to lease land under this para7 graph; 

8 ‘‘(II) determine fair market value 

9 for purposes of this paragraph in ac10 cordance with procedures for making 

11 those determinations that are estab12 lished by regulations issued by the 

13 Secretary; 

14 ‘‘(III) provide to a qualified les15 see and publish, with an opportunity 

16 for public comment for a period of 30 

17 days, any proposed determination 

18 under this subparagraph of the fair 

19 market value of an area that the 

20 qualified lessee seeks to lease under 

21 this paragraph; and 

22 ‘‘(IV) provide to the qualified les23 see and any adversely affected party 

24 the opportunity to appeal the final de25 termination of fair market value in an 


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1 administrative proceeding before the 

2 applicable Federal land management 

3 agency, in accordance with applicable 

4 law (including regulations). 

5 ‘‘(ii) LIMITATION ON NOMINATION.— 

6 After publication of a notice of request to 

7 lease land under this paragraph, the Sec8 retary may not accept under subsection (a) 

9 any nomination of the land for leasing un10 less the request has been denied or with11 drawn. 

12 ‘‘(iii) ANNUAL RENTAL.—For pur13 poses of section 5(a)(3), a lease awarded 

14 under this paragraph shall be considered a 

15 lease awarded in a competitive lease sale. 

16 ‘‘(D) REGULATIONS.—Not later than 270 

17 days after the date of enactment of the Sustain18 able Energy Development Reform Act, the Sec19 retary shall issue regulations to carry out this 

20 paragraph.’’. 

21 SEC. 225. REPORT TO CONGRESS. 

22 Not later than 3 years after the date of enactment 

23 of this Act and not less frequently than once every 5 years 

24 thereafter, the Secretary of the Interior and the Secretary 


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1 shall submit to Congress a report describing the progress 

2 made towards achieving the goals described in section 222. 

3 Subtitle C—Offshore Renewable 

4 Energy 

5 SEC. 231. WIND LEASING AMENDMENTS. 

6 (a) CLARIFICATION RELATING TO ALTERNATIVE EN7 ERGY DEVELOPMENT.—Section 8(p) of the Outer Conti8 nental Shelf Lands Act (43 U.S.C. 1337(p)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A), by inserting ‘‘or’’ after ‘‘1501 et seq.),’’ 

12 and by striking ‘‘or other applicable law,’’; and 

13 (B) by amending subparagraph (D) to 

14 read as follows: 

15 ‘‘(D) use, for energy-related purposes, fa16 cilities currently or previously used for activities 

17 authorized under this Act, except that any oil 

18 and gas energy-related uses shall not be author19 ized in areas in which oil and gas preleasing, 

20 leasing, and related activities are prohibited by 

21 a moratorium.’’; and 

22 (2) in paragraph (4)— 

23 (A) in subparagraph (E), by striking ‘‘co24 ordination’’ and inserting ‘‘in consultation’’; 

25 and 


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1 (B) in subparagraph (J)(ii), by inserting 

2 ‘‘a potential site for an alternative energy facil3 ity,’’ after ‘‘deepwater port,’’. 

4 (b) NONCOMPETITIVE ALTERNATIVE ENERGY LEASE

5 OPTIONS.—Section 8(p)(3) of such Act (43 U.S.C. 

6 1337(p)(3)) is amended to read as follows: 

7 ‘‘(3) COMPETITIVE OR NONCOMPETITIVE

8 BASIS.—Any lease, easement, right-of-way, or other 

9 authorization granted under paragraph (1) shall be 

10 issued on a competitive basis, unless— 

11 ‘‘(A) the lease, easement, right-of-way, or 

12 other authorization relates to a project that 

13 meets the criteria established under section 

14 388(d) of the Energy Policy Act of 2005 (43 

15 U.S.C. 1337 note; Public Law 109–58); 

16 ‘‘(B) the lease, easement, right-of-way, or 

17 other authorization— 

18 ‘‘(i) is for the placement and oper19 ation of a meteorological or marine data 

20 collection facility; and 

21 ‘‘(ii) has a term of not more than 5 

22 years; or 

23 ‘‘(C) the Secretary determines, after pro24 viding public notice of a proposed lease, easeVerDate Sep 11 2014 21:17 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4426.IH H4426

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1 ment, right-of-way, or other authorization, that 

2 no competitive interest exists.’’. 

3 SEC. 232. REPORT TO CONGRESS. 

4 Not later than 1 year after the date of the enactment 

5 of this Act the Secretary of the Interior shall submit rec6 ommendations to reduce the time required for the Depart7 ment of the Interior to consider and act on applications 

8 for permits authorizing offshore renewable energy 

9 projects. 

10 TITLE III—PREPARING AND 

11 MANAGING FOR CLIMATE 

12 CHANGE 

13 SEC. 301. ENERGY DEVELOPMENT POLICY. 

14 It is the policy of the United States that— 

15 (1) the United States should aggressively re16 duce carbon pollution as rapidly as practicable; and 

17 (2) energy development decisions on Federal 

18 lands should be guided by the goals of— 

19 (A) protecting public health and the envi20 ronment; 

21 (B) avoiding the most dangerous impacts 

22 of climate change; and 

23 (C) promoting a rapid, just, and equitable 

24 transition to a clean-energy economy. 


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1 SEC. 302. PREPARING FOR CLIMATE CHANGE. 

2 (a) REINSTATEMENT OF AGENCY ACTIONS.—Execu3 tive Order 13783, entitled ‘‘Promoting Energy Independ4 ence and Economic Growth’’ and dated March 28, 2017 

5 (82 Fed. Reg. 16093), shall have no force or effect, and 

6 each regulation, order, guidance document, policy, or other 

7 similar agency action suspended, revised, or rescinded by 

8 or under such Executive order shall apply as if such Exec9 utive order were not issued. 

10 (b) CONSIDERATION OF THE SOCIAL COSTS OF CLI11 MATE CHANGE.—Not later than 1-year after the date of 

12 the enactment of this Act, the Council on Environmental 

13 Quality shall issue regulations requiring Federal depart14 ments and agencies to— 

15 (1) comply with the final guidance of the Coun16 cil referred to in the Notice of Availability entitled 

17 ‘‘Final Guidance for Federal Departments and 

18 Agencies on Consideration of Greenhouse Gas Emis19 sions and the Effects of Climate Change in National 

20 Environmental Policy Act Reviews’’ and published 

21 by the Council on August 5, 2016 (81 Fed. Reg. 

22 51866); and 

23 (2) use the most recent estimates of the social 

24 cost of carbon and social cost of methane, as deter25 mined by the Interagency Working Group on Social 

26 Cost of Carbon, in all cost-benefit analyses. 


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1 SEC. 303. GHG INVENTORY. 

2 (a) IN GENERAL.—The Secretary of the Interior shall 

3 make available to the public through the internet— 

4 (1) information that describes for all covered 

5 operations— 

6 (A) the aggregate amount of each fossil 

7 fuel, by type and by State, produced under Fed8 eral leases; and 

9 (B) for gas reported, the portion and 

10 source of such amount that was released by 

11 each of venting, flaring, and fugitive release; 

12 (2) information that accurately describes the es13 timated amounts of existing fossil fuel resources on 

14 Federal lands under lease for the production of fossil 

15 fuels, and of Federal lands that have potential for 

16 such leasing; and 

17 (3) information that describes the amount and 

18 sources of energy, in megawatts, produced from op19 erating solar, wind, and geothermal projects on Fed20 eral lands under lease for the production of renew21 able energy. 

22 (b) FORMAT.—Information made available under this 

23 section shall be presented in a format that— 

24 (1) translates such amounts and portions into 

25 emissions of metric tons of greenhouse gases ex26 pressed in carbon dioxide equivalent using both the 


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1 20-year and 100-year Global Warming Potential2 weighted emission values; 

3 (2) for energy produced from solar, wind, and 

4 geothermal projects, includes an estimate of the 

5 greenhouse gas emissions that would result from 

6 production of the same amount of energy from fossil 

7 fuel resources; and 

8 (3) allows— 

9 (A) downloading in a machine readable 

10 format; and 

11 (B) accessing the information without pay12 ment of any fee or other charge. 

13 (c) DATA PUBLICATION FREQUENCY.—The data 

14 made available under this section shall be updated at least 

15 annually. 

16 SEC. 304. TERRESTRIAL CARBON SEQUESTRATION PILOT 

17 PROGRAM. 

18 (a) PROGRAM REQUIRED.—Not later than 1 year 

19 after the date of the enactment of this Act, the Secretary 

20 of the Interior, acting through the Director of the Bureau 

21 of Land Management, shall establish a carbon sequestra22 tion pilot program to make grants to eligible entities for 

23 projects to carry out eligible activities. 

24 (b) SCIENCE ADVISORY BOARD.—As part of the pro25 gram, the Secretary shall establish a science advisory 


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1 board to provide analysis and recommendations regard2 ing— 

3 (1) the selection of eligible entities and eligible 

4 activities to receive grants under the program, based 

5 on the best available science; and 

6 (2) appropriate monitoring requirements to be 

7 required under subsection (c). 

8 (c) MONITORING AND REPORTING.—As a condition 

9 of a grant under the program, the grant recipient shall 

10 comply with monitoring and reporting requirements to 

11 quantify project performance and communicate results. 

12 (d) INNOVATION COMPETITION.— 

13 (1) IN GENERAL.—The Secretary shall make 

14 grants, through a challenge competition, to eligible 

15 entities for projects to carry out innovative ap16 proaches to eligible activities. 

17 (2) LISTING.—The Secretary shall list the chal18 lenge competition under this subsection on 

19 www.challenge.gov (or any successor website of the 

20 Federal Government that lists challenge competi21 tions run by Federal agencies). 

22 (e) OUTREACH, EDUCATION, AND TECHNICAL AS23 SISTANCE.—The Secretary— 

24 (1) may provide technical assistance for eligible 

25 activities; and 


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1 (2) shall expand outreach and education with 

2 respect to carbon sequestration and best practices 

3 related to eligible activities. 

4 (f) ACCEPTANCE OF OUTSIDE FUNDING.—The Sec5 retary may accept nonappropriated funds, including funds 

6 from other public sources, private companies, nonprofit or7 ganizations, or foundations, to carry out the program. 

8 (g) REPORTS TO CONGRESS.—With respect to each 

9 project administered under the program, not later than 

10 3 years after the awarding of the grant, at least every 

11 2 years thereafter for the duration of the project, and not 

12 later than 180 days after the completion of the project, 

13 the Secretary, working with grantees and any other agen14 cies of jurisdiction shall submit a report to Congress de15 tailing— 

16 (1) the progress and accomplishments of the 

17 project in general; 

18 (2) a detailed summary and estimate of the vol19 ume of carbon sequestered due to project activities; 

20 (3) a summary of education and outreach ef21 forts related to the project; and 

22 (4) a set of recommendations for land manage23 ment best practices based on the outcome of the 

24 project. 

25 (h) DEFINITIONS.—For the purposes of this section: 


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1 (1) BIOCHAR.—The term ‘‘biochar’’ means car2 bonized biomass produced by converting feedstock 

3 through reductive thermal processing. 

4 (2) COMPOST.—The term ‘‘compost’’ means a 

5 biologically stable organic material suitable for use 

6 as a amendment that is produced by the controlled 

7 aerobic decomposition of manure or other organic 

8 material, not including sewage sludge or biosolids, 

9 by microorganisms. 

10 (3) ELIGIBLE ACTIVITY.—The term ‘‘eligible 

11 activity’’ means a project for sequestering carbon 

12 through— 

13 (A) grazing practices; 

14 (B) restoring degraded qualified public 

15 lands; 

16 (C) application of compost on qualified 

17 public lands; or 

18 (D) using biochar as an amendment on 

19 qualified public lands. 

20 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means an owner or operator of qualified public 

22 lands, a university, a nongovernmental organization, 

23 or an Indian tribe. 


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1 (5) PROGRAM.—The term ‘‘program’’ means 

2 the Carbon Sequestration Pilot Program established 

3 by this section. 

4 (6) QUALIFIED PUBLIC LANDS.—The term 

5 ‘‘qualified public lands’’ means any land and interest 

6 in land owned by the United States within the sev7 eral States and administered by the Secretary of the 

8 Interior through the Bureau of Land Management, 

9 the National Park Service, or the United States 

10 Fish and Wildlife Service, without regard to how the 

11 United States acquired ownership, except lands lo12 cated on the Outer Continental Shelf. 

13 SEC. 305. FEDERAL LANDS ADAPTATION. 

14 (a) FINDINGS, PURPOSES, AND POLICY.— 

15 (1) FINDINGS.—Congress finds that— 

16 (A) healthy, diverse, and productive com17 munities of fish, wildlife, and plants provide sig18 nificant benefits to the people and economy of 

19 the United States, including— 

20 (i) abundant clean water supplies; 

21 (ii) flood and coastal storm protection; 

22 (iii) clean air; 

23 (iv) a source of food, fiber, medicines, 

24 and pollination of the crops and other 

25 plants of the United States; 


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1 (v) outdoor recreation, which is a 

2 source of jobs and economic stimulus; 

3 (vi) hunting and fishing opportunities 

4 and support for subsistence communities; 

5 (vii) opportunities for scientific re6 search and education; 

7 (viii) world-class tourism destinations 

8 that support local economies; and 

9 (ix) sequestration and storage of car10 bon to help mitigate changes to the global 

11 climate system; 

12 (B) the United States Geological Survey, 

13 National Oceanic and Atmospheric Administra14 tion, National Aeronautics and Space Adminis15 tration, and other agencies within the United 

16 States Global Change Research Program have 

17 observed that the fish, wildlife, and plants of 

18 the United States are facing increasing risks 

19 from changing patterns of extreme weather and 

20 climate, including— 

21 (i) severe droughts and heatwaves; 

22 (ii) severe storms and floods; 

23 (iii) frequent and severe wildfires; 

24 (iv) more frequent and severe out25 breaks of forest pests and invasive species; 


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1 (v) flooding and erosion of coastal 

2 areas due to rising sea levels; 

3 (vi) melting glaciers and sea ice; 

4 (vii) thawing permafrost; 

5 (viii) shifting distributions of fish, 

6 wildlife, and plant populations; 

7 (ix) disruptive shifts in the timing of 

8 fish, wildlife, and plant natural history cy9 cles, such as blooming, breeding, and sea10 sonal migrations; 

11 (x) increasing ocean temperatures and 

12 acidification; 

13 (xi) altered patterns of rain, snow, 

14 runoff, and streamflow; and 

15 (xii) habitat loss, degradation, frag16 mentation, and movement; and 

17 (C) the Federal Government should pro18 vide leadership in preparing for and responding 

19 to the effects described in subparagraph (B) to 

20 ensure that present and future generations con21 tinue to receive the benefits of the abundant 

22 and diverse fish, wildlife, and plant resources of 

23 the United States. 

24 (2) PURPOSES.—The purpose of this section is 

25 to establish an integrated national approach— 


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1 (A) to respond to ongoing and expected ef2 fects of extreme weather and climate change by 

3 protecting, managing, and conserving the fish, 

4 wildlife, and plants of the United States; and 

5 (B) to maximize Government efficiency 

6 and reduce costs, in cooperation with State, 

7 local, and tribal governments and other entities. 

8 (3) NATIONAL FISH, WILDLIFE, AND PLANTS

9 CLIMATE CHANGE ADAPTATION POLICY.—It is the 

10 policy of the Federal Government, in cooperation 

11 with State and local governments, Indian tribes, and 

12 other interested stakeholders to evaluate and reduce 

13 the increased risks and vulnerabilities associated 

14 with climate change and extreme weather events, 

15 and to use all practicable means to protect, manage, 

16 and conserve healthy, diverse, and productive fish, 

17 wildlife, and plant populations. 

18 (b) DEFINITIONS.—In this section: 

19 (1) ADAPTATION.—The term ‘‘adaptation’’ 

20 means— 

21 (A) the process of adjustment to actual or 

22 expected climate and the effects of climate 

23 change; and 

24 (B) with respect to fish, wildlife, and 

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1 tion efforts designed to maintain or enhance the 

2 ability of fish, wildlife, and plants to withstand, 

3 adjust to, or recover from the effects of extreme 

4 weather and climate change (including, where 

5 applicable, ocean acidification, drought, flood6 ing, and wildfire). 

7 (2) CENTER.—The term ‘‘Center’’ means the 

8 National Climate Change and Wildlife Science Cen9 ter established under subsection (e)(1)(A). 

10 (3) COMMITTEE.—The term ‘‘Committee’’ 

11 means the Advisory Committee on Climate Change 

12 and Natural Resource Sciences established under 

13 subsection (e)(1)(A). 

14 (4) ECOLOGICAL PROCESSES.—The term ‘‘eco15 logical processes’’ means biological, chemical, or 

16 physical interaction between the biotic and abiotic 

17 components of an ecosystem, including— 

18 (A) decomposition; 

19 (B) disease epizootiology; 

20 (C) disturbance regimes, such as fire and 

21 flooding; 

22 (D) gene flow; 

23 (E) hydrological cycling; 

24 (F) larval dispersal and settlement; 

25 (G) nutrient cycling; 


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1 (H) pollination; 

2 (I) predator-prey relationships; and 

3 (J) soil formation. 

4 (5) HABITAT.—The term ‘‘habitat’’ means the 

5 physical, chemical, and biological properties that 

6 fish, wildlife, or plants use for growth, reproduction, 

7 survival, food, water, or cover (whether on land, in 

8 water, or in an area or region). 

9 (6) HABITAT CONNECTIVITY.—The term ‘‘habi10 tat connectivity’’ means areas that facilitate terres11 trial, marine, estuarine, and freshwater fish, wildlife, 

12 or plant movement that is necessary— 

13 (A) for migration, gene flow, or dispersal; 

14 or 

15 (B) to respond to the ongoing and ex16 pected effects of climate change (including, 

17 where applicable, ocean acidification, drought, 

18 flooding, and wildfire). 

19 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

20 has the meaning given the term in section 4 of the 

21 Indian Self-Determination and Education Assistance 

22 Act (25 U.S.C. 450b). 

23 (8) NATIONAL STRATEGY.—The term ‘‘National 

24 Strategy’’ means the National Fish, Wildlife, and 


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1 Plants Climate Adaptation Strategy released March 

2 26, 2013. 

3 (9) RESILIENCE; RESILIENT.—The terms ‘‘re4 silience’’ and ‘‘resilient’’ mean the ability to antici5 pate, prepare for, and adapt to changing conditions 

6 and withstand, respond to, and recover rapidly from 

7 disruptions. 

8 (10) STATE.—The term ‘‘State’’ means— 

9 (A) a State of the United States; 

10 (B) the District of Columbia; 

11 (C) American Samoa; 

12 (D) Guam; 

13 (E) the Commonwealth of the Northern 

14 Mariana Islands; 

15 (F) the Commonwealth of Puerto Rico; 

16 and 

17 (G) the United States Virgin Islands. 

18 (11) WORKING GROUP.—The term ‘‘Working 

19 Group’’ means the National Fish, Wildlife, and 

20 Plants Climate Adaptation Strategy Joint Imple21 mentation Working Group established under sub22 section (c)(1). 

23 (c) NATIONAL FISH, WILDLIFE, AND PLANTS CLI24 MATE ADAPTATION STRATEGY JOINT IMPLEMENTATION

25 WORKING GROUP.— 


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1 (1) ESTABLISHMENT.—Not later than 90 days 

2 after the date of enactment of this Act, the Presi3 dent shall establish a National Fish, Wildlife, and 

4 Plants Climate Adaptation Strategy Joint Imple5 mentation Working Group composed of the heads of 

6 Federal and State agencies or departments with ju7 risdiction over fish, wildlife, and plant resources of 

8 the United States, and tribal representatives, as fol9 lows: 

10 (A) The Administrator of the Environ11 mental Protection Agency. 

12 (B) The Administrator of the Federal 

13 Emergency Management Agency. 

14 (C) The Administrator of the National 

15 Oceanic and Atmospheric Administration. 

16 (D) The Chair of the Council on Environ17 mental Quality. 

18 (E) The Chief of Engineers. 

19 (F) The Chief of the Forest Service. 

20 (G) The Commissioner of Reclamation. 

21 (H) The Director of the Bureau of Indian 

22 Affairs. 

23 (I) The Director of the Bureau of Land 

24 Management. 


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1 (J) The Director of the National Park 

2 Service. 

3 (K) The Director of the United States 

4 Fish and Wildlife Service. 

5 (L) The Director of the United States Ge6 ological Survey. 

7 (M) The Secretary of Agriculture. 

8 (N) The Secretary of Defense. 

9 (O) State representatives from each re10 gional association of State fish and wildlife 

11 agencies. 

12 (P) Not less than 2 tribal representatives. 

13 (2) DUTIES.—The Working Group shall serve 

14 as a forum for interagency consultation on, and the 

15 coordination of, the development and implementation 

16 of the National Strategy. 

17 (3) CO-CHAIRS.—There shall be 4 co-chairs, of 

18 whom— 

19 (A) 2 shall be representatives of the Fed20 eral Government; 

21 (B) 1 shall be a representative of a State; 

22 and 

23 (C) 1 shall be a tribal representative. 

24 (d) NATIONAL FISH, WILDLIFE, AND PLANTS CLI25 MATE ADAPTATION STRATEGY.— 


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1 (1) IN GENERAL.—The Working Group shall 

2 adopt the National Strategy to protect, manage, and 

3 conserve fish, wildlife, and plants to maintain the in4 herent resilience and adaptability of fish, wildlife, 

5 and plants to withstand the ongoing and expected 

6 effects of extreme weather and climate change. 

7 (2) REVIEW AND REVISION.—Not later than 1 

8 year after each release of the assessment required 

9 under section 106 of the Global Change Research 

10 Act of 1990 (15 U.S.C. 2936), the Working Group 

11 shall— 

12 (A) use sound science to review and revise 

13 the National Strategy to incorporate— 

14 (i) new information regarding the on15 going and expected effects of climate 

16 change on fish, wildlife, and plants; and 

17 (ii) advances in the development of 

18 fish, wildlife, and plant adaptation strate19 gies; and 

20 (B) in carrying out paragraph (1), provide 

21 public notice and opportunity for comment. 

22 (3) CONTENTS.—A revised National Strategy 

23 shall— 

24 (A) assess the vulnerability of fish, wildlife, 

25 and plants to climate change, including shortVerDate Sep 11 2014 21:17 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4426.IH H4426

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1 term, medium-term, long-term, and cumulative 

2 impacts; 

3 (B) describe current, observation, and 

4 monitoring activities at the Federal, State, trib5 al, and local levels relating to the ongoing and 

6 expected effects of climate change on fish, wild7 life, and plants; 

8 (C) identify and prioritize research and 

9 data needs; 

10 (D) identify fish, wildlife, and plants likely 

11 to have the greatest need for protection, res12 toration, and conservation due to the ongoing 

13 and expanding effects of extreme weather and 

14 climate change; 

15 (E) include specific protocols for inte16 grating fish, wildlife, and plant adaptation 

17 strategies and activities into the conservation 

18 and management of natural resources by Fed19 eral agencies to ensure consistency across agen20 cy jurisdictions; 

21 (F) identify opportunities for maintaining, 

22 restoring, or enhancing fish, wildlife, and plants 

23 to reduce the risks of extreme weather and cli24 mate change on other vulnerable sectors of soci25 ety; 


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1 (G) identify Federal policies and actions 

2 that may reduce resilience and increase the vul3 nerability of fish, wildlife, and plants to extreme 

4 weather and climate change; 

5 (H) include specific actions that Federal 

6 agencies shall take to protect, conserve, and 

7 manage fish, wildlife, and plants to maintain 

8 the inherent resilience and adaptability of fish, 

9 wildlife, and plants to withstand, adjust to, or 

10 recover from the ongoing and expected effects 

11 of climate change, including a timeline to imple12 ment those actions; 

13 (I) include specific mechanisms for ensur14 ing communication and coordination— 

15 (i) among Federal agencies; and 

16 (ii) between Federal agencies and 

17 State agencies, territories of the United 

18 States, Indian tribes, private landowners, 

19 conservation organizations, and other 

20 countries that share jurisdiction over fish, 

21 wildlife, and plants with the United States; 

22 (J) include specific actions to develop and 

23 implement coordinated fish, wildlife, and plants 

24 inventory and monitoring protocols through 

25 interagency coordination and collaboration with 


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1 States and local governments, Indian tribes, 

2 and private organizations; and 

3 (K) include procedures for guiding the de4 velopment of detailed strategy implementation 

5 plans required under subsection (f). 

6 (4) IMPLEMENTATION.— 

7 (A) IN GENERAL.—Consistent with other 

8 laws and Federal trust responsibilities con9 cerning Indian land or rights of Indians under 

10 treaties with the United States, each Federal 

11 agency shall integrate the elements of the Na12 tional Strategy that relate to conservation, 

13 management, and protection of fish, wildlife, 

14 and plants into agency plans, environmental re15 views, and programs. 

16 (B) PUBLIC REPORT.—The Working 

17 Group shall, on a biannual basis, between revi18 sions to the National Strategy, make available 

19 to the public a report documenting any actions 

20 implementing the Strategy. 

21 (C) COORDINATION.—The Working Group 

22 shall coordinate the implementation of the Na23 tional Strategy with Federal agencies not rep24 resented on the Working Group to achieve the 


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1 policy of the United States described in sub2 section (a)(3). 

3 (e) FISH, WILDLIFE, AND PLANTS ADAPTATION

4 SCIENCE AND INFORMATION.— 

5 (1) NATIONAL CLIMATE CHANGE AND WILD6 LIFE SCIENCE CENTER.— 

7 (A) AUTHORIZATION.—The Secretary of 

8 the Interior, in collaboration with the States, 

9 Indian tribes, and other partner organizations, 

10 shall establish a National Climate Change and 

11 Wildlife Science Center. 

12 (B) DUTIES OF CENTER.—The Center 

13 shall assess and develop scientific information, 

14 tools, strategies, and techniques to support the 

15 Working Group, Federal and State agencies, 

16 tribes, regionally based science and conservation 

17 centers, regional coordinating entities, and 

18 other interested parties in addressing the ef19 fects of extreme weather and climate change on 

20 fish, wildlife, and plants. 

21 (C) GENERAL AUTHORITY TO ENTER INTO

22 CONTRACTS, GRANTS, AND COOPERATIVE

23 AGREEMENTS.—The Secretary may enter into 

24 contracts, grants, or cooperative agreements 

25 with State agencies, State cooperative extension 


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1 services, institutions of higher education, other 

2 research or educational institutions and organi3 zations, tribal organizations, Federal and pri4 vate agencies and organizations, individuals, 

5 and any other contractor or recipient, to further 

6 the duties under subparagraph (B) without re7 gard to— 

8 (i) any requirements for competition; 

9 (ii) section 6101 of title 41, United 

10 States Code; or 

11 (iii) subsections (a) and (b) of section 

12 3324 of title 31, United States Code. 

13 (2) ADVISORY COMMITTEE ON CLIMATE

14 CHANGE AND NATURAL RESOURCE SCIENCES.— 

15 (A) IN GENERAL.—Not later than 180 

16 days after the date of enactment of this Act, 

17 and pursuant to the Federal Advisory Com18 mittee Act (5 U.S.C. App.), the Secretary of 

19 the Interior shall establish an Advisory Com20 mittee on Climate Change and Natural Re21 source Sciences. 

22 (B) MEMBERSHIP.—The Committee shall 

23 be comprised of 25 members who— 

24 (i) represent— 

25 (I) Federal agencies; 


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1 (II) State, local, and tribal gov2 ernments; 

3 (III) nongovernmental organiza4 tions; 

5 (IV) academic institutions; and 

6 (V) the private sector; and 

7 (ii) have expertise in— 

8 (I) biology (including fish, wild9 life, plant, aquatic, coastal, and ma10 rine biology); 

11 (II) ecology; 

12 (III) climate change (including, 

13 where applicable, ocean acidification, 

14 drought, flooding, and wildfire); and 

15 (IV) other relevant scientific dis16 ciplines. 

17 (C) CHAIR.—The Secretary of the Interior 

18 shall appoint a Committee Chair from among 

19 the members of the Committee. 

20 (D) DUTIES.—The Committee shall— 

21 (i) advise the Working Group on the 

22 state of the science regarding— 

23 (I) the ongoing and expected ef24 fects of extreme weather and climate 


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1 change on fish, wildlife, and plants; 

2 and 

3 (II) scientific strategies and 

4 mechanisms for fish, wildlife, and 

5 plant adaptation; 

6 (ii) identify and recommend priorities 

7 for ongoing research needs on the issues 

8 described in clause (i) to inform the re9 search priorities of the Center described in 

10 paragraph (1) and other Federal climate 

11 science institutions; and 

12 (iii) review and comment on each re13 vised National Strategy before that Na14 tional Strategy is finalized. 

15 (E) COLLABORATION.—The Committee 

16 shall collaborate with climate change and fish, 

17 wildlife, and plant research entities in other 

18 Federal agencies and departments. 

19 (F) AVAILABILITY TO PUBLIC.—The advice 

20 and recommendations of the Committee shall be 

21 made available to the public. 

22 (f) STRATEGY IMPLEMENTATION PLAN.— 

23 (1) DEVELOPMENT.—Not later than 1 year 

24 after the date of enactment of this Act and not later 


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1 than 1 year after the date of each revision of the 

2 National Strategy, the Working Group shall— 

3 (A) complete a strategy implementation 

4 plan; 

5 (B) provide opportunities for public review 

6 and comment on the plan; and 

7 (C) submit the plan to the President for 

8 approval. 

9 (2) REQUIREMENTS.—The strategy implemen10 tation plan shall— 

11 (A) identify and prioritize specific con12 servation and management strategies and ac13 tions that address the ongoing and expected ef14 fects of extreme weather and climate change on 

15 fish, wildlife, and plants, including— 

16 (i) protection, management, and con17 servation of terrestrial, marine, estuarine, 

18 and freshwater habitats and ecosystems; 

19 (ii) establishment of terrestrial, ma20 rine, estuarine, and freshwater habitat 

21 connectivity corridors; 

22 (iii) restoration and conservation of 

23 ecological processes; 


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1 (iv) protection of a broad diversity of 

2 species of fish, wildlife, and plant popu3 lations; and 

4 (v) protection of fish, wildlife, and 

5 plant health, recognizing that climate can 

6 alter the distribution and ecology of 

7 parasites, pathogens, and vectors; 

8 (B) establish methods— 

9 (i) to assess the effectiveness of strat10 egies and conservation actions implemented 

11 by the agencies to protect, manage, and 

12 conserve fish, wildlife, and plants; and 

13 (ii) to update those strategies and ac14 tions to respond to new information and 

15 changing conditions; 

16 (C) describe current and proposed mecha17 nisms to enhance cooperation and coordination 

18 of fish, wildlife, and plant adaptation efforts 

19 with other Federal agencies, State and local 

20 governments, Indian tribes, and nongovern21 mental stakeholders; 

22 (D) include written guidance to resource 

23 managers; and 


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1 (E) identify and assess data and informa2 tion gaps necessary to develop fish, wildlife, and 

3 plant adaptation plans and strategies. 

4 (3) IMPLEMENTATION.— 

5 (A) IN GENERAL.—On approval by the 

6 President, each Federal agency shall, consistent 

7 with existing authority, implement the strategy 

8 implementation plan under paragraph (1)(A) 

9 through existing and new plans, policies, pro10 grams, activities, and actions, including integra11 tion into climate adaptation plans pursuant to 

12 Executive Order 13653 (42 U.S.C. 4321 note; 

13 relating to preparation for the impacts of cli14 mate change). 

15 (B) CONSIDERATION OF EFFECTS.—To the 

16 maximum extent practicable and consistent with 

17 existing authority, fish, wildlife, and plant con18 servation and management decisions made by 

19 each Federal agency shall consider and promote 

20 resilience to the ongoing and expected effects of 

21 extreme weather and climate change. 

22 (4) REVISION AND REVIEW.—Not later than 1 

23 year after the National Strategy is revised under 

24 subsection (d)(2), the Working Group shall review 

25 and revise the strategy implementation plan under 


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1 subsection (a)(1) to incorporate the best available 

2 science, including advice and information pursuant 

3 to subsection (e) and other information, regarding 

4 the ongoing and expected effects of climate change 

5 on fish, wildlife, and plants. 

6 (g) STATE FISH, WILDLIFE, AND PLANTS ADAPTA7 TION PLANS.— 

8 (1) REQUIREMENT.—To be eligible to receive 

9 funds pursuant to paragraph (4), not later than 1 

10 year after the date of enactment of this Act and not 

11 later than 1 year after the date of each revision of 

12 the National Strategy, each State shall prepare and 

13 submit to the Secretary of the Interior and the Sec14 retary of Commerce, a State fish, wildlife, and plant 

15 adaptation plan detailing current and future efforts 

16 of the State to address the ongoing and expected ef17 fects of climate change on fish, wildlife, and plants 

18 and coastal areas within the jurisdiction of the 

19 State. 

20 (2) REVIEW OR APPROVAL.—The Secretary of 

21 the Interior and the Secretary of Commerce shall— 

22 (A) review each State adaptation plan; and 

23 (B) approve a State adaptation plan if the 

24 plan— 


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1 (i) meets the requirements of para2 graph (3); and 

3 (ii) is consistent with the National 

4 Strategy. 

5 (3) CONTENTS.—A State adaptation plan 

6 shall— 

7 (A) meet the requirements described in 

8 subsection (f)(2); 

9 (B) include the adaptation provisions of 

10 any State comprehensive wildlife conservation 

11 strategy (or State wildlife action plan) that has 

12 been— 

13 (i) submitted to the Director of the 

14 United States Fish and Wildlife Service; 

15 and 

16 (ii) approved, or is pending approval, 

17 by the Director of the United States Fish 

18 and Wildlife Service; 

19 (C) include the adaptation provisions of a 

20 statewide assessment and strategy for forest re21 sources required under section 2A of the Coop22 erative Forestry Assistance Act of 1978 (16 

23 U.S.C. 2101a) that has been— 

24 (i) submitted to the Secretary of Agri25 culture; and 


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1 (ii) approved, or is pending approval, 

2 by the Secretary of Agriculture; and 

3 (D) include the adaptation provisions of a 

4 Coastal Zone Management Plan or a Coastal 

5 and Estuarine Land Conservation Program 

6 Plan that has been— 

7 (i) submitted to the Administrator of 

8 the National Oceanic and Atmospheric Ad9 ministration; and 

10 (ii) approved, or is pending approval, 

11 by the Administrator of the National Oce12 anic and Atmospheric Administration. 

13 (4) DISTRIBUTION OF FUNDS TO STATES.—Any 

14 funds made available pursuant to this section shall 

15 be— 

16 (A) used to carry out activities in accord17 ance with adaptation plans approved under this 

18 section; and 

19 (B) made available through— 

20 (i) the State and tribal wildlife grant 

21 program under title I of division F of the 

22 Consolidated Appropriations Act, 2008 

23 (Public Law 110–161; 121 Stat. 2103); 

24 and 


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1 (ii)(I) the grant program under sec2 tion 306 of the Coastal Zone Management 

3 Act of 1972 (16 U.S.C. 1455); 

4 (II) the Coastal and Estuarine Land 

5 Conservation Program established under 

6 title II of the Department of Commerce 

7 and Related Agencies Appropriations Act, 

8 2002 (16 U.S.C. 1456d); and 

9 (III) programs established under the 

10 Cooperative Forestry Assistance Act of 

11 1978 (16 U.S.C. 2101 et seq.). 

12 (5) PUBLIC INPUT.—In developing an adapta13 tion plan, a State shall solicit and consider input 

14 from the public and independent scientists. 

15 (6) COORDINATION WITH OTHER PLANS.—A 

16 State adaptation plan shall, where appropriate, inte17 grate the goals and measures set forth in other cli18 mate adaptation, hazard mitigation, and fish, wild19 life, and plant conservation strategies and plans. 

20 (7) UPDATES.—Each State adaptation plan 

21 shall be updated at least every 4 years. 

22 SEC. 306. PUBLIC LANDS SERVICE CORPS. 

23 (a) AMENDMENT TO EXISTING SHORT TITLE.—Sec24 tion 201 of the Public Lands Corps Act of 1993 (16 


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1 U.S.C. 1701 note; title II of Public Law 91–378) is 

2 amended to read as follows: 

3 ‘‘SEC. 201. SHORT TITLE; REFERENCES. 

4 ‘‘(a) SHORT TITLE.—This title may be cited as the 

5 ‘Public Lands Service Corps Act of 1993’. 

6 ‘‘(b) REFERENCES.—Any reference contained in any 

7 law, regulation, document, paper, or other record of the 

8 United States to the ‘Public Lands Corps Act of 1993’ 

9 shall be considered to be a reference to the ‘Public Lands 

10 Service Corps Act of 1993’.’’. 

11 (b) NAME AND PROJECT DESCRIPTION CHANGES.— 

12 The Public Lands Corps Act of 1993 (16 U.S.C. 1721 

13 et seq.; title II of Public Law 91–378) is amended— 

14 (1) in the title heading, by striking ‘‘PUBLIC 

15 LANDS CORPS’’ and inserting ‘‘PUBLIC 

16 LANDS SERVICE CORPS’’; 

17 (2) in section 204 (16 U.S.C. 1723), in the 

18 heading, by striking ‘‘PUBLIC LANDS CORPS’’ and 

19 inserting ‘‘PUBLIC LANDS SERVICE CORPS’’; 

20 (3) in section 210(a)(2) (16 U.S.C. 

21 1729(a)(2)), in the heading, by striking ‘‘PUBLIC

22 LANDS’’; 

23 (4) by striking ‘‘Public Lands Corps’’ each 

24 place it appears and inserting ‘‘Corps’’; 


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1 (5) by striking ‘‘conservation center’’ each place 

2 it appears and inserting ‘‘residential conservation 

3 center’’; 

4 (6) by striking ‘‘conservation centers’’ each 

5 place it appears and inserting ‘‘residential conserva6 tion centers’’; 

7 (7) by striking ‘‘appropriate conservation 

8 project’’ each place it appears and inserting ‘‘appro9 priate natural and cultural resources conservation 

10 project’’; and 

11 (8) by striking ‘‘appropriate conservation 

12 projects’’ each place it appears and inserting ‘‘ap13 propriate natural and cultural resources conservation 

14 projects’’. 

15 (c) FINDINGS.—Section 202(a) of the Public Lands 

16 Corps Act of 1993 (16 U.S.C. 1721(a)), as amended by 

17 subsection (b), is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘Corps can benefit’’ and 

20 inserting ‘‘conservation corps can benefit’’; and 

21 (B) by striking ‘‘the natural and cultural’’ 

22 and inserting ‘‘natural and cultural’’; 

23 (2) by redesignating paragraphs (2) and (3) as 

24 paragraphs (4) and (5), respectively; 


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1 (3) by inserting after paragraph (1) the fol2 lowing new paragraph: 

3 ‘‘(2) Participants in conservation corps receive 

4 meaningful education and training, and their experi5 ence with conservation corps provides preparation 

6 for careers in public service. 

7 ‘‘(3) Young men and women who participate in 

8 the rehabilitation and restoration of the natural, cul9 tural, historic, archaeological, recreational, and sce10 nic treasures of the United States will gain an in11 creased appreciation and understanding of the public 

12 lands and heritage of the United States, and of the 

13 value of public service, and are likely to become life14 long advocates for those values.’’; 

15 (4) in paragraph (4), as redesignated by para16 graph (2), by inserting ‘‘, cultural, historic, archae17 ological, recreational, and scenic’’ after ‘‘Many facili18 ties and natural’’; and 

19 (5) by adding at the end the following new 

20 paragraph: 

21 ‘‘(6) The work of conservation corps can benefit 

22 communities adjacent to public lands and facilities 

23 through renewed civic engagement and participation 

24 by corps participants and those they serve, improved 


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1 student achievement, and restoration and rehabilita2 tion of public assets.’’. 

3 (d) PURPOSES.—Subsection (b) of section 202 of the 

4 Public Lands Corps Act of 1993 (16 U.S.C. 1721) is 

5 amended to read as follows: 

6 ‘‘(b) PURPOSES.—The purposes of this Act are as fol7 lows: 

8 ‘‘(1) To introduce young men and women to 

9 public service while furthering their understanding 

10 and appreciation of the natural, cultural, historic, 

11 archaeological, recreational, and scenic resources of 

12 the United States. 

13 ‘‘(2) To facilitate training and recruitment op14 portunities in which service is credited as qualifying 

15 experience for careers in the management of such 

16 resources. 

17 ‘‘(3) To instill in a new generation of young 

18 men and women from across the United States, in19 cluding young men and women from diverse back20 grounds, the desire to seek careers in resource stew21 ardship and public service by allowing them to work 

22 directly with professionals in agencies responsible for 

23 the management of the natural, cultural, historic, 

24 archaeological, recreational, and scenic resources of 

25 the United States. 


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1 ‘‘(4) To perform, in a cost-effective manner, ap2 propriate natural and cultural resources conservation 

3 projects where such projects are not being performed 

4 by existing employees. 

5 ‘‘(5) To assist State and local governments and 

6 Indian tribes in performing research and public edu7 cation tasks associated with the conservation of nat8 ural, cultural, historic, archaeological, recreational, 

9 and scenic resources. 

10 ‘‘(6) To expand educational opportunities on 

11 public lands and by rewarding individuals who par12 ticipate in conservation corps with an increased abil13 ity to pursue higher education and job training. 

14 ‘‘(7) To promote public understanding and ap15 preciation of the missions and the natural and cul16 tural resources conservation work of the partici17 pating Federal agencies through training opportuni18 ties, community service and outreach, and other ap19 propriate means. 

20 ‘‘(8) To create a grant program for Indian 

21 tribes to establish the Indian Youth Service Corps so 

22 that Indian youth can benefit from carrying out 

23 projects on Indian lands that the Indian tribes and 

24 communities determine to be priorities.’’. 


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1 (e) DEFINITIONS.—Section 203 of the Public Lands 

2 Corps Act of 1993 (16 U.S.C. 1722) is amended— 

3 (1) by redesignating paragraphs (3) through 

4 (7), (8) through (10), and (11) through (13) as 

5 paragraphs (5) through (9), (11) through (13), and 

6 (15) through (17), respectively; 

7 (2) by striking paragraphs (1) and (2) and in8 serting the following new paragraphs: 

9 ‘‘(1) APPROPRIATE NATURAL AND CULTURAL

10 RESOURCES CONSERVATION PROJECT.—The term 

11 ‘appropriate natural and cultural resources conserva12 tion project’ means any project for the conservation, 

13 restoration, construction, or rehabilitation of nat14 ural, cultural, historic, archaeological, recreational, 

15 or scenic resources. 

16 ‘‘(2) CONSULTING INTERN.—The term ‘con17 sulting intern’ means a consulting intern selected 

18 under section 206(a)(2). 

19 ‘‘(3) CORPS AND PUBLIC LANDS SERVICE

20 CORPS.—The terms ‘Corps’ and ‘Public Lands Serv21 ice Corps’ mean the Public Lands Service Corps es22 tablished under section 204(a). 

23 ‘‘(4) CORPS PARTICIPANT.—The term ‘Corps 

24 participant’ means an individual enrolled— 


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1 ‘‘(A) in the Corps or the Indian Youth 

2 Service Corps; or 

3 ‘‘(B) as a resource assistant or consulting 

4 intern.’’; 

5 (3) by inserting after paragraph (9), as redesig6 nated by paragraph (1), the following new para7 graph: 

8 ‘‘(10) INDIAN YOUTH SERVICE CORPS.—The 

9 term ‘Indian Youth Service Corps’ means a qualified 

10 youth or conservation corps established under sec11 tion 207 that— 

12 ‘‘(A) enrolls individuals between the ages 

13 of 15 and 25, inclusive, a majority of whom are 

14 Indians; and 

15 ‘‘(B) is established pursuant to a tribal 

16 resolution that describes the agreement between 

17 the Indian tribe and the qualified youth or con18 servation corps to operate an Indian Youth 

19 Service Corps program for the benefit of the 

20 members of the Indian tribe.’’; 

21 (4) by striking paragraph (12), as redesignated 

22 by paragraph (1), and inserting the following new 

23 paragraph: 

24 ‘‘(12) PUBLIC LANDS.—The term ‘public lands’ 

25 means any land or water (or interest therein) owned 


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1 or administered by the United States, including 

2 those areas of coastal and ocean waters, the Great 

3 Lakes and their connecting waters, and submerged 

4 lands over which the United States exercises juris5 diction, except that such term does not include In6 dian lands.’’; 

7 (5) in paragraph (13), as redesignated by para8 graph (1)— 

9 (A) in subparagraph (A)— 

10 (i) by striking ‘‘full-time,’’; 

11 (ii) by inserting ‘‘on eligible service 

12 lands’’ after ‘‘resource setting’’; and 

13 (iii) by striking ‘‘16’’ and inserting 

14 ‘‘15’’; 

15 (B) in subparagraph (B), by striking 

16 ‘‘and’’ at the end; 

17 (C) in subparagraph (C), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

19 (D) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(D) makes available for audit for each fis22 cal year for which the qualified youth or con23 servation corps receives Federal funds under 

24 this Act, all information pertaining to the exVerDate Sep 11 2014 21:17 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4426.IH H4426

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1 penditure of the funds, any matching funds, 

2 and participant demographics.’’; 

3 (6) by inserting after paragraph (13), as redes4 ignated by paragraph (1) and amended by para5 graph (5), the following new paragraph: 

6 ‘‘(14) RESIDENTIAL CONSERVATION CEN7 TERS.—The term ‘residential conservation centers’ 

8 means the facilities authorized under section 205.’’; 

9 (7) in paragraph (15), as redesignated by para10 graph (1), by striking ‘‘206’’ and inserting 

11 ‘‘206(a)(1)’’; and 

12 (8) in paragraph (16), as redesignated by para13 graph (1)— 

14 (A) in subparagraph (A), by striking 

15 ‘‘and’’ at the end; 

16 (B) in subparagraph (B), by striking the 

17 period at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following new 

19 subparagraph: 

20 ‘‘(C) with respect to the National Marine 

21 Sanctuary System, coral reefs, and other coast22 al, estuarine, and marine habitats, and other 

23 lands and facilities administered by the Na24 tional Oceanic and Atmospheric Administration, 

25 the Secretary of Commerce.’’. 


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1 (f) PUBLIC LANDS SERVICE CORPS PROGRAM.—Sec2 tion 204 of the Public Lands Corps Act of 1993 (16 

3 U.S.C. 1723), as amended by subsection (b), is amend4 ed— 

5 (1) by redesignating subsections (c), (d), (e), 

6 and (f) as subsections (d), (f), (g), and (h), respec7 tively; 

8 (2) by striking subsections (a) and (b) and in9 serting the following new subsections: 

10 ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS SERVICE

11 CORPS.—There is established in the Department of the 

12 Interior, the Department of Agriculture, and the Depart13 ment of Commerce a Public Lands Service Corps. 

14 ‘‘(b) ESTABLISHMENT OF CORPS OFFICE; COORDI15 NATORS; LIAISON.— 

16 ‘‘(1) ESTABLISHMENT OF OFFICES.— 

17 ‘‘(A) DEPARTMENT OF THE INTERIOR.— 

18 The Secretary of the Interior shall establish a 

19 department-level office to coordinate the Corps 

20 activities within the Department of the Interior. 

21 ‘‘(B) DEPARTMENT OF AGRICULTURE.— 

22 The Secretary of Agriculture shall establish 

23 within the Forest Service an office to coordinate 

24 the Corps activities within that agency. 


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1 ‘‘(C) DEPARTMENT OF COMMERCE.—The 

2 Secretary of Commerce shall establish within 

3 the National Oceanic and Atmospheric Admin4 istration an office to coordinate the Corps ac5 tivities within that agency. 

6 ‘‘(2) ESTABLISHMENT OF COORDINATORS.— 

7 The Secretary shall designate a Public Lands Serv8 ice Corps coordinator for each agency under the ju9 risdiction of the Secretary that administers Corps 

10 activities. 

11 ‘‘(3) ESTABLISHMENT OF LIAISON.—The Sec12 retary of the Interior shall establish an Indian Youth 

13 Service Corps liaison that will— 

14 ‘‘(A) provide outreach to Indian tribes 

15 about opportunities for establishing Corps and 

16 Indian Youth Service Corps programs; and 

17 ‘‘(B) coordinate with the Tribal Liaison of 

18 the Corporation for National Service to identify 

19 and establish Corps and Indian Youth Service 

20 Corps opportunities for Indian youth. 

21 ‘‘(c) PARTICIPANTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary may enroll 

23 in the Corps individuals who are— 


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1 ‘‘(A) hired by an agency under the juris2 diction of the Secretary to perform work au3 thorized under this Act; or 

4 ‘‘(B) members of a qualified youth or con5 servation corps with which the Secretary has 

6 entered into a cooperative agreement to perform 

7 work authorized under this Act. 

8 ‘‘(2) RESOURCE ASSISTANTS AND CONSULTING

9 INTERNS.—The Secretary may also enroll in the 

10 Corps resource assistants and consulting interns in 

11 accordance with section 206(a). 

12 ‘‘(3) ELIGIBILITY REQUIREMENTS.—To be eligi13 ble for enrollment as a Corps participant, an indi14 vidual shall— 

15 ‘‘(A)(i) be between the ages of 15 and 25, 

16 inclusive; or 

17 ‘‘(ii) in the case of a military veteran, be 

18 not older than 35; and 

19 ‘‘(B) satisfy the requirements of section 

20 137(a)(5) of the National and Community Serv21 ice Act of 1990 (42 U.S.C. 12591(a)(5)). 

22 ‘‘(4) TERMS.—Each Corps participant may be 

23 enrolled in the Corps for a term of up to 2 years of 

24 service, which may be served over a period that ex25 ceeds 2 calendar years. 


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1 ‘‘(5) CIVIL SERVICE.—An individual may be en2 rolled as a Corps participant without regard to the 

3 civil service and classification laws, rules, or regula4 tions of the United States. 

5 ‘‘(6) PREFERENCE.—The Secretary may estab6 lish a preference for the enrollment as Corps partici7 pants individuals who are economically, physically, 

8 or educationally disadvantaged. 

9 ‘‘(7) LOCAL PREFERENCE.—The Secretary may 

10 establish a preference for enrollment of Corps par11 ticipants who are individuals who live in that State 

12 or region.’’; 

13 (3) in subsection (d), as redesignated by para14 graph (1)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘contracts and’’; and 

17 (ii) by striking ‘‘subsection (d)’’ and 

18 inserting ‘‘subsection (f)’’; and 

19 (B) by striking paragraph (2) and insert20 ing the following new paragraphs: 

21 ‘‘(2) RECRUITMENT.—The Secretary shall carry 

22 out, or enter into cooperative agreements to provide, 

23 a program to attract eligible youth to the Corps by 

24 publicizing Corps opportunities through high schools, 


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1 colleges, employment centers, electronic media, and 

2 other appropriate institutions and means. 

3 ‘‘(3) PREFERENCE.—In entering into coopera4 tive agreements under paragraph (1) or awarding 

5 competitive grants to Indian tribes or tribally au6 thorized organizations under section 207, the Sec7 retary may give preference to qualified youth or con8 servation corps that are located in specific areas 

9 where a substantial portion of members are economi10 cally, physically, or educationally disadvantaged.’’; 

11 (4) by inserting after subsection (d), as redesig12 nated by paragraph (1), the following new sub13 section: 

14 ‘‘(e) TRAINING.—For purposes of training, the Sec15 retary shall take into account training already received by 

16 Corps participants enrolled from qualified youth or con17 servation corps.’’; 

18 (5) in subsection (f), as redesignated by para19 graph (1)— 

20 (A) in paragraph (1)— 

21 (i) in the heading, by striking ‘‘IN

22 GENERAL.—’’ and inserting ‘‘USE OF

23 CORPS; PROJECTS.—’’; 

24 (ii) by striking ‘‘The Secretary may 

25 utilize the Corps or any qualified youth or 


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1 conservation corps to carry out’’ and in2 serting the following: 

3 ‘‘(A) IN GENERAL.—The Secretary may 

4 use the Corps to carry out, with appropriate su5 pervision and training,’’; 

6 (iii) by striking ‘‘on public lands’’ and 

7 inserting on ‘‘on eligible service lands’’; 

8 and 

9 (iv) by adding at the end the following 

10 new subparagraph: 

11 ‘‘(B) PROJECTS.—Appropriate natural and 

12 cultural resources conservation projects carried 

13 out under this section may include— 

14 ‘‘(i) protecting, restoring, or enhanc15 ing ecosystem components to promote spe16 cies recovery, improve biological diversity, 

17 enhance productivity and carbon sequestra18 tion, and enhance adaptability and resil19 ience of eligible service lands and resources 

20 to climate change and other natural and 

21 human disturbances; 

22 ‘‘(ii) promoting the health of eligible 

23 service lands, including— 

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1 ian, estuarine, marine, or other habi2 tat; 

3 ‘‘(II) reducing the risk of 

4 uncharacteristically severe wildfire 

5 and mitigating damage from insects, 

6 disease, and disasters; 

7 ‘‘(III) controlling erosion; 

8 ‘‘(IV) controlling and removing 

9 invasive, noxious, or nonnative spe10 cies; and 

11 ‘‘(V) restoring native species; 

12 ‘‘(iii) collecting biological, archae13 ological, and other scientific data, includ14 ing climatological information, species pop15 ulations and movement, habitat status, and 

16 other information; 

17 ‘‘(iv) assisting in historical and cul18 tural research, museum curatorial work, 

19 oral history projects, documentary photog20 raphy, and activities that support the cre21 ation of public works of art related to eligi22 ble service lands; and 

23 ‘‘(v) constructing, repairing, rehabili24 tating, and maintaining roads, trails, 

25 campgrounds and other visitor facilities, 


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1 employee housing, cultural and historic 

2 sites and structures, and other facilities 

3 that further the purposes of this Act.’’; 

4 (B) by redesignating paragraphs (2) and 

5 (3) as paragraphs (4) and (5), respectively; and 

6 (C) by inserting after paragraph (1) the 

7 following new paragraphs: 

8 ‘‘(2) VISITOR SERVICES.—The Secretary may— 

9 ‘‘(A) enter into or amend an existing coop10 erative agreement with a cooperating associa11 tion, educational institution, friends group, or 

12 similar nonprofit partner organization for the 

13 purpose of providing training and work experi14 ence to Corps participants in areas such as 

15 sales, office work, accounting, and management, 

16 provided that the work experience directly re17 lates to the conservation and management of el18 igible service lands; and 

19 ‘‘(B) allow Corps participants to help pro20 mote visitor safety and enjoyment of eligible 

21 service lands, and assist in the gathering of vis22 itor use data. 

23 ‘‘(3) INTERPRETATION.—The Secretary may 

24 permit Corps participants to provide interpretation 


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1 or education services for the public under the direct 

2 and immediate supervision of an agency employee— 

3 ‘‘(A) to provide orientation and informa4 tion services to visitors; 

5 ‘‘(B) to assist agency employees in the de6 livery of interpretive or educational programs 

7 where audience size, environmental conditions, 

8 safety, or other factors make such assistance 

9 desirable; 

10 ‘‘(C) to present programs that relate the 

11 personal experience of the Corps participants 

12 for the purpose of promoting public awareness 

13 of the Corps, the role of the Corps in public 

14 land management agencies, and the availability 

15 of the Corps to potential participants; and 

16 ‘‘(D) to create nonpersonal interpretive 

17 products, such as website content, Junior Rang18 er program books, printed handouts, and audio19 visual programs.’’; 

20 (6) in subsection (g), as redesignated by para21 graph (1)— 

22 (A) in the matter preceding paragraph (1), 

23 by striking ‘‘those projects which’’ and inserting 

24 ‘‘priority projects and other projects that’’; and 


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1 (B) by striking paragraph (2) and insert2 ing the following new paragraph: 

3 ‘‘(2) will instill in Corps participants a work 

4 ethic and a sense of public service;’’; and 

5 (7) by adding at the end the following new sub6 sections: 

7 ‘‘(i) OTHER PARTICIPANTS.—The Secretary may 

8 allow volunteers from other programs administered or des9 ignated by the Secretary to participate as volunteers in 

10 projects carried out under this section. 

11 ‘‘(j) CRIMINAL HISTORY CHECKS.— 

12 ‘‘(1) IN GENERAL.—The requirements of sec13 tion 189D(b) of the National and Community Serv14 ice Act of 1990 (42 U.S.C. 12645g(b)) shall apply 

15 to each individual age 18 or older seeking— 

16 ‘‘(A) to become a Corps participant; 

17 ‘‘(B) to receive funds authorized under this 

18 Act; or 

19 ‘‘(C) to supervise or otherwise have regular 

20 contact with Corps participants in activities au21 thorized under this Act. 

22 ‘‘(2) ELIGIBILITY PROHIBITION.—If any of 

23 paragraphs (1) through (4) of section 189D(c) of 

24 the National and Community Service Act of 1990 

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1 scribed in paragraph (1), that individual shall not be 

2 eligible for the position or activity described in para3 graph (1), unless the Secretary provides an exemp4 tion for good cause.’’. 

5 (g) RESIDENTIAL CONSERVATION CENTERS AND

6 PROGRAM SUPPORT.—Section 205 of the Public Lands 

7 Corps Act of 1993 (16 U.S.C. 1724) is amended— 

8 (1) in subsection (b)— 

9 (A) by striking ‘‘The Secretary’’ and in10 serting the following: 

11 ‘‘(1) IN GENERAL.—The Secretary’’; and 

12 (B) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(2) TEMPORARY HOUSING.—The Secretary 

15 may make arrangements with another Federal agen16 cy, State, local government, or private organization 

17 to provide temporary housing for Corps participants 

18 as needed and available. 

19 ‘‘(3) TRANSPORTATION.—In project areas 

20 where Corps participants reside at their own homes, 

21 the Secretary may provide transportation to and 

22 from project sites.’’; 

23 (2) by redesignating subsection (d) as sub24 section (e); 


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1 (3) by inserting after subsection (c) the fol2 lowing new subsection: 

3 ‘‘(d) MENTORS.—The Secretary may recruit from 

4 programs, such as Federal volunteer and encore service 

5 programs, and from veterans groups, military retirees, and 

6 active duty personnel, such adults as may be suitable and 

7 qualified to provide training, mentoring, and crew-leading 

8 services to Corps participants.’’; and 

9 (4) in subsection (e), as redesignated by para10 graph (2), by striking ‘‘that are appropriate’’ and all 

11 that follows through the period and inserting ‘‘that 

12 the Secretary determines to be necessary for a resi13 dential conservation center.’’. 

14 (h) RESOURCE ASSISTANTS AND CONSULTING IN15 TERNS.—Section 206 of the Public Lands Corps Act of 

16 1993 (16 U.S.C. 1725) is amended— 

17 (1) in the section heading, by inserting ‘‘AND

18 CONSULTING INTERNS’’ before the period; and 

19 (2) by striking subsections (a) and (b) and in20 serting the following new subsections: 

21 ‘‘(a) AUTHORIZATION.— 

22 ‘‘(1) RESOURCE ASSISTANTS.— 

23 ‘‘(A) IN GENERAL.—The Secretary may 

24 provide individual placements of resource assist25 ants with any agency under the jurisdiction of 


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1 the Secretary that carries out appropriate nat2 ural and cultural resources conservation 

3 projects to carry out research or resource pro4 tection activities on behalf of the agency. 

5 ‘‘(B) ELIGIBILITY.—To be eligible for se6 lection as a resource assistant, an individual 

7 shall be at least 17 years of age. 

8 ‘‘(C) PREFERENCE.—In selecting resource 

9 assistants for placement under this paragraph, 

10 the Secretary shall give a preference to individ11 uals who are enrolled in an institution of higher 

12 education or are recent graduates from an insti13 tution of higher education, with particular at14 tention given to ensuring full representation of 

15 women and participants from Historically Black 

16 Colleges and Universities, Hispanic-serving in17 stitutions, and Tribal Colleges and Universities. 

18 ‘‘(2) CONSULTING INTERNS.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 provide individual placements of consulting in21 terns with any agency under the jurisdiction of 

22 the Secretary that carries out appropriate nat23 ural and cultural resources conservation 

24 projects to carry out management analysis ac25 tivities on behalf of the agency. 


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1 ‘‘(B) ELIGIBILITY.—To be eligible for se2 lection as a consulting intern, an individual 

3 shall be enrolled in, and have completed at least 

4 1 full year at, a graduate or professional school 

5 that has been accredited by an accrediting body 

6 recognized by the Secretary of Education. 

7 ‘‘(b) USE OF EXISTING NONPROFIT ORGANIZA8 TIONS.— 

9 ‘‘(1) IN GENERAL.—Whenever one or more non10 profit organizations can provide appropriate recruit11 ment and placement services to fulfill the require12 ments of this section, the Secretary may implement 

13 this section through such organizations. 

14 ‘‘(2) EXPENSES.—Participating organizations 

15 shall contribute to the expenses of providing and 

16 supporting the resource assistants or consulting in17 terns from sources of funding other than the Sec18 retary, at a level of not less than 25 percent of the 

19 total costs (15 percent of which may be from in-kind 

20 sources) of each participant in the resource assistant 

21 or consulting intern program who has been recruited 

22 and placed through that organization. 

23 ‘‘(3) REPORTING.—Each participating organi24 zation shall be required to submit an annual report 

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1 gram, including the value of work contributed by the 

2 resource assistants and consulting interns, to the 

3 mission of the agency.’’. 

4 (i) INCLUSION OF INDIAN YOUTH SERVICE CORPS

5 AND ISSUANCE OF GUIDANCE.—The Public Lands Corps 

6 Act of 1993 is amended— 

7 (1) by redesignating sections 207 through 211 

8 (16 U.S.C. 1726 through 1730) as sections 209 

9 through 213, respectively; and 

10 (2) by inserting after section 206 (16 U.S.C. 

11 1725) the following new sections: 

12 ‘‘SEC. 207. INDIAN YOUTH SERVICE CORPS. 

13 ‘‘(a) AUTHORIZATION OF COOPERATIVE AGREE14 MENTS AND COMPETITIVE GRANTS.—The Secretary is au15 thorized to enter into cooperative agreements with, or 

16 make competitive grants to, Indian tribes and qualified 

17 youth or conservation corps for the establishment and ad18 ministration of Indian Youth Service Corps programs to 

19 carry out appropriate natural and cultural resources con20 servation projects on Indian lands. 

21 ‘‘(b) APPLICATION.—To be eligible to receive assist22 ance under this section, an Indian tribe or a qualified 

23 youth or conservation corps shall submit to the Secretary 

24 an application in such manner and containing such infor25 mation as the Secretary may require, including— 


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1 ‘‘(1) a description of the methods by which In2 dian youth will be recruited for and retained in the 

3 Indian Youth Service Corps; 

4 ‘‘(2) a description of the projects to be carried 

5 out by the Indian Youth Service Corps; 

6 ‘‘(3) a description of how the projects were 

7 identified; and 

8 ‘‘(4) an explanation of the impact of, and the 

9 direct community benefits provided by, the proposed 

10 projects. 

11 ‘‘SEC. 208. GUIDANCE. 

12 ‘‘Not later than 18 months after funds are made 

13 available to the Secretary to carry out this Act, the Sec14 retary shall issue guidelines for the management of pro15 grams under the jurisdiction of the Secretary that are au16 thorized under this Act.’’. 

17 (j) LIVING ALLOWANCES AND TERMS OF SERVICE.— 

18 Section 209 of the Public Lands Corps Act of 1993 (16 

19 U.S.C. 1726), as redesignated by subsection (i), is amend20 ed by striking subsections (a), (b), and (c) and inserting 

21 the following new subsections: 

22 ‘‘(a) LIVING ALLOWANCES.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall provide 

24 each Corps participant with a living allowance in an 

25 amount established by the Secretary. 


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1 ‘‘(2) TRAVEL COSTS.—The Secretary may reim2 burse Corps participants for travel costs at the be3 ginning and end of the term of service of the Corps 

4 participants. 

5 ‘‘(b) TERMS OF SERVICE.— 

6 ‘‘(1) IN GENERAL.—Each Corps participant 

7 shall agree to participate for such term of service as 

8 may be established by the Secretary. 

9 ‘‘(2) CONSULTATIONS.—With respect to the In10 dian Youth Service Corps, the term of service shall 

11 be established in consultation with the affected In12 dian tribe or tribally authorized organization. 

13 ‘‘(c) HIRING PREFERENCE AND FUTURE EMPLOY14 MENT.—The Secretary may— 

15 ‘‘(1) grant to a Corps participant credit for 

16 time served as a Corps participant, which may be 

17 used toward future Federal hiring; 

18 ‘‘(2) provide to a former participant of the 

19 Corps or the Indian Youth Service Corps non20 competitive hiring status for a period of not more 

21 than 2 years after the date on which the service of 

22 the candidate in the Corps or the Indian Youth 

23 Service Corps was complete, if the candidate— 

24 ‘‘(A) has served a minimum of 960 hours 

25 on an appropriate natural or cultural resources 


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1 conservation project that included at least 120 

2 hours through the Corps or the Indian Youth 

3 Service Corps; and 

4 ‘‘(B) meets Office of Personnel Manage5 ment qualification standards for the position for 

6 which the candidate is applying; 

7 ‘‘(3) provide to a former resource assistant or 

8 consulting intern noncompetitive hiring status for a 

9 period of not more than 2 years after the date on 

10 which the individual has completed an under11 graduate or graduate degree, respectively, from an 

12 accredited institution, if the candidate— 

13 ‘‘(A) successfully fulfilled the resource as14 sistant or consulting intern program require15 ments; and 

16 ‘‘(B) meets Office of Personnel Manage17 ment qualification standards for the position for 

18 which the candidate is applying; and 

19 ‘‘(4) provide, or enter into contracts or coopera20 tive agreements with qualified employment agencies 

21 to provide, alumni services such as job and edu22 cation counseling, referrals, verification of service, 

23 communications, and other appropriate services to 

24 Corps participants who have completed the term of 

25 service.’’. 


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1 (k) NATIONAL SERVICE EDUCATIONAL AWARDS.— 

2 Section 210 of the Public Lands Corps Act of 1993 (16 

3 U.S.C. 1727), as redesignated by subsection (i) and 

4 amended by subsection (b), is amended— 

5 (1) in subsection (a), in the first sentence— 

6 (A) by striking ‘‘participant in the Corps 

7 or a resource assistant’’ and inserting ‘‘Corps 

8 participant’’; and 

9 (B) by striking ‘‘participant or resource as10 sistant’’ and inserting ‘‘Corps participant’’; and 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘either participants in the 

13 Corps or resource assistants’’ and inserting 

14 ‘‘Corps participants’’; and 

15 (B) by striking ‘‘or a resource assistant’’. 

16 (l) NONDISPLACEMENT.—Section 211 of the Public 

17 Lands Corps Act of 1993 (16 U.S.C. 1728), as redesig18 nated by subsection (i), is amended by striking ‘‘activities 

19 carried out’’ and all that follows through the period and 

20 inserting ‘‘Corps participants.’’. 

21 (m) FUNDING.—Section 212 of the Public Lands 

22 Corps Act of 1993 (16 U.S.C. 1729), as redesignated by 

23 subsection (i), is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (1)— 


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1 (i) in the second sentence, by striking 

2 ‘‘nonfederal sources’’ and inserting 

3 ‘‘sources other than the Secretary’’; and 

4 (ii) by inserting after the second sen5 tence the following: ‘‘The Secretary may 

6 pay up to 90 percent of the costs of a 

7 project if the Secretary determines that the 

8 reduction is necessary to enable participa9 tion from a greater range of organizations 

10 or individuals.’’; and 

11 (B) in paragraph (2), by inserting ‘‘or In12 dian Youth Service Corps’’ after ‘‘Corps’’ each 

13 place it appears; 

14 (2) by striking subsection (b) and inserting the 

15 following new subsection: 

16 ‘‘(b) FUNDS AVAILABLE UNDER NATIONAL AND

17 COMMUNITY SERVICE ACT.—To carry out this title, the 

18 Secretary shall be eligible to apply for and receive assist19 ance under section 121(b) of the National and Community 

20 Service Act (42 U.S.C. 12571(b)).’’; and 

21 (3) in subsection (c)— 

22 (A) by striking ‘‘section 211’’ and insert23 ing ‘‘section 213’’; and 

24 (B) by inserting ‘‘or Indian Youth Service 

25 Corps’’ after ‘‘Corps’’. 


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1 (n) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 213 of the Public Lands Corps Act of 1993 (16 U.S.C. 

3 1730), as redesignated by subsection (i), is amended— 

4 (1) in subsection (a), by striking ‘‘year’’ and all 

5 that follows through the period and inserting 

6 ‘‘year.’’; 

7 (2) by striking subsection (b); and 

8 (3) by redesignating subsection (c) as sub9 section (b). 

10 SEC. 307. COASTAL STATE CLIMATE CHANGE PLANNING. 

11 (a) IN GENERAL.—The Coastal Zone Management 

12 Act of 1972 (16 U.S.C. 1451 et seq.) is amended by add13 ing at the end the following: 

14 ‘‘CLIMATE CHANGE ADAPTATION PLANNING

15 ‘‘SEC. 320. (a) IN GENERAL.—The Secretary shall 

16 establish consistent with the national policies set forth in 

17 section 303 a coastal climate change adaptation planning 

18 and response program to— 

19 ‘‘(1) provide assistance to coastal states to vol20 untarily develop coastal climate change adaptation 

21 plans pursuant to approved management programs 

22 approved under section 306, to minimize contribu23 tions to climate change and to prepare for and re24 duce the negative consequences that may result from 

25 climate change in the coastal zone; and 


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1 ‘‘(2) provide financial and technical assistance 

2 and training to enable coastal states to implement 

3 plans developed pursuant to this section through 

4 coastal states’ enforceable policies. 

5 ‘‘(b) GUIDELINES.—Within 180 days after the date 

6 of enactment of this section, the Secretary, in consultation 

7 with the coastal states, shall issue guidelines for the imple8 mentation of the grant program established under sub9 section (c). 

10 ‘‘(c) CLIMATE CHANGE ADAPTATION PLANNING

11 GRANTS.— 

12 ‘‘(1) IN GENERAL.—The Secretary, subject to 

13 the availability of appropriations, may make a grant 

14 to any coastal state for the purpose of developing cli15 mate change adaptation plans pursuant to guidelines 

16 issued by the Secretary under subsection (b). 

17 ‘‘(2) PLAN CONTENT.—A plan developed with a 

18 grant under this section shall include the following: 

19 ‘‘(A) Identification of public facilities and 

20 public services, working waterfronts, coastal re21 sources of national significance, coastal waters, 

22 energy facilities, or other land and water uses 

23 located in the coastal zone that are likely to be 

24 impacted by climate change. 


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1 ‘‘(B) Adaptive management strategies for 

2 land use to respond or adapt to changing envi3 ronmental conditions, including strategies to 

4 protect biodiversity, protect water quality, and 

5 establish habitat buffer zones, migration cor6 ridors, and climate refugia. 

7 ‘‘(C) Requirements to initiate and main8 tain long-term monitoring of environmental 

9 change to assess coastal zone adaptation and to 

10 adjust when necessary adaptive management 

11 strategies and new planning guidelines to attain 

12 the policies under section 303. 

13 ‘‘(D) Other information considered nec14 essary by the Secretary to identify the full 

15 range of climate change impacts affecting coast16 al communities. 

17 ‘‘(3) STATE HAZARD MITIGATION PLANS.— 

18 Plans developed with a grant under this section shall 

19 be consistent with State hazard mitigation plans and 

20 natural disaster response and recovery programs de21 veloped under State or Federal law. 

22 ‘‘(4) ALLOCATION.—Grants under this section 

23 shall be available only to coastal states with manage24 ment programs approved by the Secretary under sec25 tion 306 and shall be allocated among such coastal 


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1 states in a manner consistent with regulations pro2 mulgated pursuant to section 306(c). 

3 ‘‘(5) PRIORITY.—In the awarding of grants 

4 under this subsection the Secretary may give priority 

5 to any coastal state that has received grant funding 

6 to develop program changes pursuant to paragraphs 

7 (1), (2), (3), (5), (6), (7), and (8) of section 309(a). 

8 ‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 

9 may provide technical assistance to a coastal state 

10 consistent with section 310 to ensure the timely de11 velopment of plans supported by grants awarded 

12 under this subsection. 

13 ‘‘(7) FEDERAL APPROVAL.—In order to be eligi14 ble for a grant under subsection (d), a coastal state 

15 must have its plan developed under this section ap16 proved by the Secretary. 

17 ‘‘(d) COASTAL ADAPTATION PROJECT GRANTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary, subject to 

19 the availability of appropriations, may make grants 

20 to any coastal state that has a climate change adap21 tation plan approved under subsection (c)(7), in 

22 order to support projects that implement strategies 

23 contained within such plans. 

24 ‘‘(2) PROGRAM REQUIREMENTS.—The Sec25 retary within 90 days after approval of the first plan 


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1 approved under subsection (c)(7), shall publish in 

2 the Federal Register requirements regarding appli3 cations, allocations, eligible activities, and all terms 

4 and conditions for grants awarded under this sub5 section. No less than 30 percent, and no more than 

6 50 percent, of the funds appropriated in any fiscal 

7 year for grants under this subsection shall be award8 ed through a merit-based competitive process. 

9 ‘‘(3) ELIGIBLE ACTIVITIES.—The Secretary 

10 may award grants to coastal states to implement 

11 projects in the coastal zone to address stress factors 

12 in order to improve coastal climate change adapta13 tion, including the following: 

14 ‘‘(A) Activities to address physical disturb15 ances within the coastal zone, especially activi16 ties related to public facilities and public serv17 ices, tourism, sedimentation, ocean acidification, 

18 and other factors negatively impacting coastal 

19 waters, and fisheries-associated habitat destruc20 tion or alteration. 

21 ‘‘(B) Monitoring, control, or eradication of 

22 disease organisms and invasive species. 

23 ‘‘(C) Activities to address the loss, deg24 radation, or fragmentation of wildlife habitat 

25 through projects to establish or protect marine 


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1 and terrestrial habitat buffers, wildlife refugia, 

2 other wildlife refuges, or networks thereof, pres3 ervation of migratory wildlife corridors and 

4 other transition zones, and restoration of fish 

5 and wildlife habitat. 

6 ‘‘(D) Implementation of projects to reduce, 

7 mitigate, or otherwise address likely impacts 

8 caused by natural hazards in the coastal zone, 

9 including sea level rise, coastal inundation, 

10 coastal erosion and subsidence, severe weather 

11 events such as cyclonic storms, tsunamis and 

12 other seismic threats, and fluctuating Great 

13 Lakes water levels. 

14 ‘‘(E) Provide technical training and assist15 ance to local coastal policy makers to increase 

16 awareness of science, management, and tech17 nology information related to climate change 

18 and adaptation strategies. 

19 ‘‘(4) PROMOTION AND USE OF NATIONAL ESTU20 ARINE RESEARCH RESERVES.—The Secretary shall 

21 promote and encourage the use of National Estua22 rine Research Reserves as sites for pilot or dem23 onstration projects carried out with grants awarded 

24 under this section.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 318(a) of the Coastal Zone Management Act of 1972 (16 

3 U.S.C. 1464) is further amended by striking ‘‘and’’ after 

4 the semicolon at the end of paragraph (1), by striking the 

5 period at the end of paragraph (2) and inserting ‘‘; and’’, 

6 and by adding at the end the following: 

7 ‘‘(3) for grants under subsections (c) and (d) of 

8 section 320, such sums as are necessary.’’. 

9 (c) INTENT OF CONGRESS.—Nothing in this section 

10 shall be construed to require any coastal state to amend 

11 or modify its approved management program pursuant to 

12 section 306(e) of the Coastal Zone Management Act of 

13 1972 (16 U.S.C. 1455(e)), or to extend the enforceable 

14 policies of a coastal state beyond the coastal zone as iden15 tified in the coastal state’s approved management pro16 gram. 

17 TITLE IV—ONSHORE OIL AND 

18 GAS REFORM 

19 Subtitle A—Leasing Reforms 

20 SEC. 401. LEASING PROCESS. 

21 (a) ONSHORE OIL AND GAS LEASING.—Section 17(a) 

22 of the Mineral Leasing Act (30 U.S.C. 226(a)) is amended 

23 to read as follows: 

24 ‘‘(a) LEASING AUTHORITY.— 


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1 ‘‘(1) IN GENERAL.—All lands subject to disposi2 tion under this Act that are known or believed to 

3 contain oil or gas deposits may be leased by the Sec4 retary. 

5 ‘‘(2) RECEIPT OF FAIR MARKET VALUE.—Leas6 ing activities under this Act shall be conducted to 

7 assure receipt of fair market value for the lands and 

8 resources leased and the rights conveyed by the Fed9 eral Government.’’. 

10 (b) COMPETITIVE BIDDING.—Section 17(b)(1)(A) of 

11 the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), as 

12 amended by this Act, is further amended by— 

13 (1) striking so much as precedes ‘‘A lease shall 

14 be conditioned’’ and inserting ‘‘All lands to be leased 

15 shall be leased as provided in this paragraph to the 

16 highest responsible qualified bidder by competitive 

17 bidding under general regulations in units of not 

18 more than 2,560 acres, except in Alaska, where 

19 units shall be not more than 5,760 acres. Such units 

20 shall be as nearly compact as possible. Lease sales 

21 shall be conducted by sealed bid. Lease sales shall 

22 be held for each State in which there are lands eligi23 ble for leasing no more than 3 times each year, and 

24 on a rotating basis such that the lands under the re25 sponsibility of any Bureau of Land Management 


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1 field office are available for leasing no more than 

2 one time each year.’’; 

3 (2) striking ‘‘The Secretary shall accept’’ and 

4 all that follows through ‘‘for the first lease year.’’ 

5 and inserting ‘‘The Secretary may issue a lease to 

6 the responsible qualified bidder with the highest bid 

7 that is equal to or greater than the national min8 imum acceptable bid. The Secretary shall decide 

9 whether to accept a bid and issue a lease within 90 

10 days following payment by the successful bidder of 

11 the remainder of the bonus bid, if any, and the an12 nual rental for the first lease year.’’; and 

13 (3) striking the last sentence. 

14 (c) MINIMUM BID.—Subparagraph (B) of section 

15 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 

16 226(b)(1)), as amended by this Act, is further amended 

17 by striking ‘‘Thereafter’’ and all that follows through the 

18 end of the subparagraph and inserting ‘‘The Secretary 

19 may establish a higher minimum acceptable bid if the Sec20 retary finds that such a higher amount is necessary (i) 

21 to enhance financial returns to the United States; and (ii) 

22 to promote more efficient management of oil and gas re23 sources on Federal lands. The Secretary may reject a bid 

24 above the national minimum acceptable bid if, after eval25 uation of the value of the lands proposed for lease, the 


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1 Secretary determines that the bid amount does not ensure 

2 that fair market value is obtained for the lease. The pro3 posal or promulgation of any regulation to establish a 

4 higher minimum acceptable bid shall not be considered a 

5 major Federal action that is subject to the requirements 

6 of section 102(2)(C) of the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4332(2)(C)).’’. 

8 (d) RENTALS.—Section 17(d) of the Mineral Leasing 

9 Act (30 U.S.C. 226(d)), as amended by this Act, is further 

10 amended by— 

11 (1) striking so much as precedes ‘‘shall be con12 ditioned’’ and inserting the following: 

13 ‘‘(d) During the 2-year period beginning on the date 

14 of the enactment of the Sustainable Energy Development 

15 Reform Act, all leases issued under this section’’; and 

16 (2) inserting before ‘‘A minimum royalty’’ the 

17 following: ‘‘After the end of such 2-year period, the 

18 Secretary may establish higher rental rates for all 

19 subsequent years, if the Secretary finds that such 

20 action is necessary to enhance financial returns to 

21 the United States and promote more efficient man22 agement of oil and gas and alternative energy re23 sources on Federal lands.’’. 


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1 (e) ELIMINATION OF NONCOMPETITIVE LEASING.— 

2 The Mineral Leasing Act, as amended by this Act, is fur3 ther amended— 

4 (1) in section 17(b) (30 U.S.C. 226(b)), by 

5 striking paragraph (3); 

6 (2) by amending section 17(c) (30 U.S.C. 

7 226(c)) to read as follows: 

8 ‘‘(c) Lands made available for leasing under sub9 section (b)(1) but for which no bids are received, or for 

10 which the highest bid was less than the national minimum 

11 acceptable bid, or for which the highest bid was deter12 mined to be below fair market value, may thereafter be 

13 made available for leasing only in accordance with sub14 section (b)(1).’’; 

15 (3) in section 17(e) (30 U.S.C. 226(e))— 

16 (A) by striking ‘‘Competitive and non17 competitive leases’’ and inserting ‘‘Leases’’; and 

18 (B) by striking ‘‘competitive’’; 

19 (4) in section 31(d)(1) (30 U.S.C. 188(d)(1)) 

20 by striking ‘‘or section 17(c)’’; 

21 (5) in section 31(e) (30 U.S.C. 188(e))— 

22 (A) in paragraph (2) by striking ‘‘, or the 

23 inclusion’’ and all that follows and inserting a 

24 semicolon; and 


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1 (B) in paragraph (3) by striking ‘‘(A)’’ 

2 and by striking subparagraph (B); 

3 (6) by striking section 31(f) (30 U.S.C. 188(f)); 

4 and 

5 (7) in section 31(g) (30 U.S.C. 188(g))— 

6 (A) in paragraph (1) by striking ‘‘as a 

7 competitive’’ and all that follows through the 

8 period and inserting ‘‘in the same manner as 

9 the original lease issued pursuant to section 

10 17.’’; 

11 (B) by striking paragraph (2) and redesig12 nating paragraphs (3) and (4) as paragraphs 

13 (2) and (3), respectively; and 

14 (C) in paragraph (2), as so redesignated, 

15 by striking ‘‘, applicable to leases issued under 

16 subsection 17(c) of this Act (30 U.S.C. 226(c)) 

17 except,’’ and inserting ‘‘, except’’. 

18 (f) LEASE TERM.—Section 17(e) of the Mineral 

19 Leasing Act (30 U.S.C. 226(e)) is amended— 

20 (1) by striking ‘‘10 years’’ and inserting ‘‘5 

21 years’’; and 

22 (2) by striking ‘‘ten years’’ and inserting ‘‘5 

23 years’’. 

24 (g) OTHER LEASING REQUIREMENTS.—Section 

25 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)), as 


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1 amended by section 104 of this Act, is further amended 

2 by adding at the end the following: 

3 ‘‘(7) LIMITATION.—The Secretary shall not 

4 issue a lease or approve the assignment of any lease 

5 to any person, or to any subsidiary or affiliate of 

6 such person or any other person controlled by or 

7 under common control with such person, unless such 

8 person has the demonstrated capability to explore 

9 and produce oil and gas under the lease. 

10 ‘‘(8) PROTECTION OF LEASED LANDS FOR

11 OTHER USES.—Each lease under this section shall 

12 include such terms as are necessary to preserve the 

13 Federal Government’s flexibility to control or pro14 hibit activities that pose serious and unacceptable 

15 impacts to the value of the leased lands for uses 

16 other than production of oil and gas.’’. 

17 SEC. 402. TRANSPARENCY AND LANDOWNER PROTECTIONS. 

18 (a) DISCLOSURE OF IDENTITIES FILING DISCLO19 SURES OF INTEREST AND BIDS.—Section 17(b) of the 

20 Mineral Leasing Act (30 U.S.C. 226(b)), as amended by 

21 this Act, is further amended by adding at the end the fol22 lowing: 

23 ‘‘(3) The Secretary— 

24 ‘‘(A) shall require that each expression of 

25 interest to bid for a lease under this section and 


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1 each bid for a lease under this section shall in2 clude the name of the person for whom such ex3 pression of interest or bid is submitted; and 

4 ‘‘(B) shall promptly publish each such 

5 name.’’. 

6 (b) NOTICE REQUIREMENTS.—Section 17(f) of the 

7 Mineral Leasing Act (30 U.S.C. 226(f)) is amended by 

8 striking all through the first 2 sentences and inserting the 

9 following: 

10 ‘‘(f)(1) At least 45 days before offering lands for 

11 lease under this section, and at least 30 days before ap12 proving applications for permits to drill under the provi13 sions of a lease, modifying the terms of any lease issued 

14 under this section, or granting a waiver, exception, or 

15 modification of any stipulation of a lease issued under this 

16 section, the Secretary shall provide notice of the proposed 

17 action to— 

18 ‘‘(A) the general public by posting such notice 

19 in the appropriate local office and on the electronic 

20 website of the leasing and land management agen21 cies offering the lands for lease; 

22 ‘‘(B) all surface land owners in the area of the 

23 lands being offered for lease; and 

24 ‘‘(C) the holders of special recreation permits 

25 for commercial use, competitive events, and other orVerDate Sep 11 2014 21:17 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H4426.IH H4426

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1 ganized activities on the lands being offered for 

2 lease. 

3 ‘‘(2)’’. 

4 (c) SURFACE OWNER PROTECTION.— 

5 (1) POST-LEASE SURFACE USE AGREEMENT.— 

6 (A) IN GENERAL.—Except as provided in 

7 paragraph (2), the Secretary may not authorize 

8 any operator to conduct exploration and drilling 

9 operations on lands with respect to which title 

10 to oil and gas resources is held by the United 

11 States but title to the surface estate is not held 

12 by the United States, until the operator has 

13 filed with the Secretary a document, signed by 

14 the operator and the surface owner or owners, 

15 showing that the operator has secured a written 

16 surface use agreement between the operator 

17 and the surface owner or owners that meets the 

18 requirements of subparagraph (B). 

19 (B) CONTENTS.—The surface use agree20 ment shall provide for— 

21 (i) the use of only such portion of the 

22 surface estate as is reasonably necessary 

23 for exploration and drilling operations 

24 based on site-specific conditions; 


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1 (ii) the accommodation of the surface 

2 estate owner to the maximum extent prac3 ticable, including the location, use, timing, 

4 and type of exploration and drilling oper5 ations, consistent with the operator’s right 

6 to develop the oil and gas estate; 

7 (iii) the reclamation of the site to a 

8 condition capable of supporting the uses 

9 which such lands were capable of sup10 porting prior to exploration and drilling 

11 operations; and 

12 (iv) compensation for damages as a 

13 result of exploration and drilling oper14 ations, including but not limited to— 

15 (I) loss of income and increased 

16 costs incurred; 

17 (II) damage to or destruction of 

18 personal property, including crops, 

19 forage, and livestock; and 

20 (III) failure to reclaim the site in 

21 accordance with this clause (iii). 

22 (C) PROCEDURE.— 

23 (i) An operator shall notify the sur24 face estate owner or owners of the opera25 tor’s desire to conclude an agreement 


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1 under this section. If the surface estate 

2 owner and the operator do not reach an 

3 agreement within 90 days after the oper4 ator has provided such notice, the matter 

5 shall be referred to third-party arbitration 

6 for resolution within a period of 90 days. 

7 The cost of such arbitration shall be the 

8 responsibility of the operator. 

9 (ii) The Secretary shall identify per10 sons with experience in conducting arbitra11 tions and shall make this information 

12 available to operators. 

13 (iii) Referral of a matter for arbitra14 tion by a person identified by the Secretary 

15 pursuant to clause (ii) shall be sufficient to 

16 constitute compliance with clause (i). 

17 (D) ATTORNEYS FEES.—If action is taken 

18 to enforce or interpret any of the terms and 

19 conditions contained in a surface use agree20 ment, the prevailing party shall be reimbursed 

21 by the other party for reasonable attorneys fees 

22 and actual costs incurred, in addition to any 

23 other relief which a court or arbitration panel 

24 may grant. 


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1 (2) AUTHORIZED EXPLORATION AND DRILLING

2 OPERATIONS.— 

3 (A) AUTHORIZATION WITHOUT SURFACE

4 USE AGREEMENT.—The Secretary may author5 ize an operator to conduct exploration and drill6 ing operations on lands covered by paragraph 

7 (1) in the absence of an agreement with the 

8 surface estate owner or owners, if— 

9 (i) the Secretary makes a determina10 tion in writing that the operator made a 

11 good faith attempt to conclude such an 

12 agreement, including referral of the matter 

13 to arbitration pursuant to paragraph 

14 (1)(C), but that no agreement was con15 cluded within 90 days after the referral to 

16 arbitration; 

17 (ii) the operator submits a plan of op18 erations that provides for the matters spec19 ified in paragraph (1)(B) and for compli20 ance with all other applicable requirements 

21 of Federal and State law; and 

22 (iii) the operator posts a bond or 

23 other financial assurance in an amount the 

24 Secretary determines to be adequate to en25 sure compensation to the surface estate 


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1 owner for any damages to the site, in the 

2 form of a surety bond, trust fund, letter of 

3 credit, government security, certificate of 

4 deposit, cash, or equivalent. 

5 (B) SURFACE OWNER PARTICIPATION.— 

6 The Secretary shall provide surface estate own7 ers with an opportunity to— 

8 (i) comment on plans of operations in 

9 advance of a determination of compliance 

10 with this title; 

11 (ii) participate in bond level deter12 minations and bond release proceedings 

13 under this section; 

14 (iii) attend an on-site inspection dur15 ing such determinations and proceedings; 

16 (iv) file written objections to a pro17 posed bond release; and 

18 (v) request and participate in an on19 site inspection when they have reason to 

20 believe there is a violation of the terms and 

21 conditions of a plan of operations. 

22 (C) PAYMENT OF FINANCIAL GUAR23 ANTEE.—A surface estate owner with respect to 

24 any land subject to a lease may petition the 

25 Secretary for payment of all or any portion of 


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1 a bond or other financial assurance required 

2 under this section as compensation for any 

3 damages as a result of exploration and drilling 

4 operations. Pursuant to such a petition, the 

5 Secretary may use such bond or other guar6 antee to provide compensation to the surface es7 tate owner for such damages. 

8 (D) BOND RELEASE.—Upon request and 

9 after inspection and opportunity for surface es10 tate owner review, the Secretary may release 

11 the financial assurance required under this sec12 tion if the Secretary determines that explo13 ration and drilling operations are ended and all 

14 damages have been fully compensated. 

15 (3) SURFACE OWNER NOTIFICATION.—The Sec16 retary shall— 

17 (A) notify surface estate owners in writing 

18 at least 45 days in advance of lease sales; 

19 (B) within ten working days after a lease 

20 is issued, notify surface estate owners of re21 garding the identity of the lessee; 

22 (C) notify surface estate owners in writing 

23 concerning any subsequent decisions regarding 

24 a lease, such as modifying or waiving stipula25 tions and approving rights-of-way; and 


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1 (D) notify surface estate owners within five 

2 business days after issuance of a drilling permit 

3 under a lease. 

4 SEC. 403. LEASE STIPULATIONS. 

5 (a) ENERGY POLICY ACT OF 2005.—Section 

6 363(b)(3)(C) of the Energy Policy Act of 2005 (42 U.S.C. 

7 15922(b)(3)(C)) is amended to read as follows: 

8 ‘‘(C) adequately protective of the resource 

9 for which the stipulations are applied;’’. 

10 (b) REVISION OF EXISTING MEMORANDUM.—Not 

11 later than 180 days after the date of the enactment of 

12 this Act the Secretary of the Interior and the Secretary 

13 of Agriculture shall revise the memorandum of under14 standing under section 363(b)(3)(C) of the Energy Policy 

15 Act of 2005 (42 U.S.C. 15922) in accordance with the 

16 amendment made by subsection (a). 

17 SEC. 404. MASTER LEASING PLANS. 

18 Section 17(a) of the Mineral Leasing Act (30 U.S.C. 

19 226(a)), as amended by section 401, is further amended 

20 by adding at the end the following: 

21 ‘‘(3) MASTER LEASING PLANS.— 

22 ‘‘(A) IN GENERAL.—The Secretary may 

23 adopt and implement a master leasing plan to 

24 govern the issuance of oil and gas leases under 

25 this Act for any Federal lands, in accordance 


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1 with Bureau of Land Management Instruction 

2 Memorandum No. 2010–117, dated May 17, 

3 2010, as in effect on April 24, 2017, and with4 out regard to any recision, revocation, amend5 ment, or other modification to such memo6 randum after such date. 

7 ‘‘(B) FACTORS AND CONSIDERATIONS.—In 

8 deciding whether to adopt and implement mas9 ter leasing plans, the Secretary— 

10 ‘‘(i) shall construe the factors stated 

11 in such Instruction Memorandum broadly; 

12 and 

13 ‘‘(ii) shall consider the benefits of 

14 avoiding conflicts and protecting other re15 sources exercising discretion for adopting 

16 master leasing plan. 

17 ‘‘(C) REQUIREMENT.—The Secretary shall 

18 adopt and implement a master leasing plan 

19 under subparagraph (A) applicable to leases for 

20 Federal lands in a State or county of a State, 

21 if requested by the government of such State or 

22 county, respectively. 

23 ‘‘(D) PETITIONS.— 

24 ‘‘(i) IN GENERAL.—Any person who is 

25 a resident of a State or county of a State 


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1 may submit a petition to the Secretary re2 questing the Secretary to adopt and imple3 ment a master leasing plan under subpara4 graph (A) applicable to the issuance of 

5 leases for Federal lands in that State or 

6 county, respectively. 

7 ‘‘(ii) CONSIDERATION.—If the Sec8 retary receives such a petition, the Sec9 retary shall promptly issue a determination 

10 of whether or not the adoption and imple11 mentation of such a master leasing plan is 

12 appropriate.’’. 

13 SEC. 405. PARCEL REVIEW. 

14 Section 17(a) of the Mineral Leasing Act (30 U.S.C. 

15 226(a)), as amended by sections 401 and 404 of this Act, 

16 is further amended by adding at the end the following: 

17 ‘‘(4) PARCEL REVIEW.—The Secretary shall 

18 issue oil and gas leases under this Act only in ac19 cordance with subsections C through I of section III 

20 of Bureau of Land Management Instruction Memo21 randum No. 2010–117, dated May 17, 2010.’’. 

22 SEC. 406. ACREAGE LIMITATIONS. 

23 Section 27(d)(1) of the Mineral Leasing Act (30 

24 U.S.C. 184(d)(1)) is amended by striking ‘‘, and acreage 

25 under any lease any portion of which has been committed 


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1 to a federally approved unit or cooperative plan or 

2 communitization agreement or for which royalty (includ3 ing compensatory royalty or royalty in-kind) was paid in 

4 the preceding calendar year,’’. 

5 SEC. 407. LAND MANAGEMENT. 

6 Section 17(g) of the Mineral Leasing Act (30 U.S.C. 

7 226(g)) is further amended by adding at the end the fol8 lowing: 

9 ‘‘(9) MULTIPLE-USE MANAGEMENT.—The Sec10 retary of the Interior, or for National Forest lands, 

11 the Secretary of Agriculture, shall manage lands 

12 that are subject to an oil and gas lease under this 

13 Act in accordance with the principles, policies, and 

14 requirements relating to multiple use under the Fed15 eral Land Policy and Management Act of 1976 (43 

16 U.S.C. 1701 et seq.), until the beginning of oper17 ations under such lease.’’. 

18 SEC. 408. OIL SHALE. 

19 Section 21(a) of the Mineral Leasing Act (30 U.S.C. 

20 241(a)) is amended— 

21 (1) in paragraph (1), by striking ‘‘The Sec22 retary of the Interior’’ and inserting ‘‘Subject to 

23 paragraph (6), the Secretary of the Interior’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(6) The Secretary may not issue any lease for oil 

2 shale under this Act before the date the Secretary issues 

3 a finding that the technical and economic feasibility of de4 velopment of and production from such deposit has been 

5 demonstrated under section 369 of the Energy Policy Act 

6 of 2005 (42 U.S.C. 15927).’’. 

7 Subtitle B—Permitting Reforms 

8 SEC. 411. CATEGORICAL EXCLUSIONS. 

9 Section 390 of the Energy Policy Act of 2005 (42 

10 U.S.C. 15942) is amended by adding at the end the fol11 lowing: 

12 ‘‘(c) LIMITATION BASED ON EXTRAORDINARY CIR13 CUMSTANCES.—The categorical exclusion established 

14 under subsection (a) shall be subject to extraordinary cir15 cumstances in accordance with the Departmental Manual, 

16 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or successor 

17 provisions).’’. 

18 SEC. 412. PERMITTING DEADLINE. 

19 Section 17(p) of the Mineral Leasing Act (30 U.S.C. 

20 226(p)) is amended— 

21 (1) by striking the heading and inserting the 

22 following: ‘‘NOTICE OF RECEIPT OF PERMIT APPLI23 CATIONS.—’’; 

24 (2) by striking paragraphs (2) and (3); and 

25 (3) in paragraph (1)— 


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1 (A) by striking ‘‘(1) IN GENERAL.—’’; 

2 (B) by redesignating subparagraphs (A) 

3 and (B) as paragraphs (1) and (2), respectively; 

4 and 

5 (C) by moving paragraphs (1) and (2), as 

6 so redesignated, 2 ems to the left. 

7 SEC. 413. ABANDONED AND ORPHANED WELLS. 

8 (a) DEFINITION.—As used in this section, the term 

9 ‘‘abandoned well’’ means any well drilled for the purpose 

10 of exploring for or developing oil or gas resources (includ11 ing coalbed methane) that— 

12 (1) has not been in operation for a period of 12 

13 continuous months, unless the owner or operator has 

14 notified the Secretary of the Interior (for wells 

15 drilled to explore for or develop minerals owned by 

16 the United States) or the relevant State regulatory 

17 agency (for wells drilled to explore for or develop 

18 minerals not owned by the United States) that the 

19 well has been temporarily shut down; or 

20 (2) has not been operative for more than 60 

21 continuous months after the owner or operator has 

22 notified the Secretary of the Interior (for wells 

23 drilled to explore for or develop minerals owned by 

24 the United States) or the relevant State regulatory 

25 agency (for wells drilled to explore for or develop 


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1 minerals not owned by the United States) that the 

2 well has been temporarily shut down. 

3 (b) FEDERAL REMEDIATION PROGRAM.— 

4 (1) ESTABLISHMENT OF PROGRAM.— 

5 (A) The Secretary of the Interior, in co6 operation with the Secretary of Agriculture, 

7 shall establish a program to ensure to the max8 imum extent feasible the remediation, reclama9 tion, and closure of abandoned wells that— 

10 (i) are located on lands administered 

11 by an agency of the Department of the In12 terior or the Forest Service; or 

13 (ii) were drilled to explore for or de14 velop minerals owned by the United States 

15 located on lands with respect to which the 

16 surface estate is not owned by the United 

17 States. 

18 (B) In implementing the program, the Sec19 retary of the Interior— 

20 (i) shall cooperate with the Secretary 

21 of Agriculture and the States with respect 

22 to the Federal lands covered by the pro23 gram are located; and 


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1 (ii) shall consult with the Secretary of 

2 Energy and the Interstate Oil and Gas 

3 Compact Commission. 

4 (C) The Secretary of the Interior shall es5 tablish the program by no later than 3 years 

6 after the date of enactment of this section. 

7 (2) PROGRAM ELEMENTS.—The program estab8 lished under paragraph (1) shall— 

9 (A) provide for identification of abandoned 

10 wells to be covered by the program; 

11 (B) establish a means of ranking critical 

12 sites for priority in remediation based on poten13 tial environmental harm, other land use prior14 ities, and public health and safety; and 

15 (C) provide as far as possible for identi16 fying any lessees or other persons responsible 

17 for abandoned wells, and for recovering the 

18 costs of remediation to the maximum extent 

19 feasible. 

20 (3) PLAN.—Within 6 months after the date of 

21 enactment of this section, the Secretary of the Inte22 rior, in cooperation with the Secretary of Agri23 culture, shall prepare a plan for implementing the 

24 program established under paragraph (1). A copy of 

25 the plan shall be transmitted to the Committee on 


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1 Natural Resources of the House of Representatives 

2 and the Committee on Energy and Natural Re3 sources of the Senate. 

4 (4) REVIEW AND REPORT.— 

5 (A) No later than 3 years after the date of 

6 enactment of this section, the Secretary of the 

7 Interior, in consultation with the Secretary of 

8 Agriculture, shall complete a review of the sta9 tus of remediation, reclamation, and closure ac10 tions under the program. 

11 (B) Upon completion of the review re12 quired by subparagraph (A), the Secretary of 

13 the Interior shall provide to the Committee on 

14 Natural Resources of the House of Representa15 tives and the Committee on Energy and Nat16 ural Resources of the Senate— 

17 (i) a report on the results of the re18 view; 

19 (ii) information regarding any wells 

20 on lands covered by the program that have 

21 been abandoned since the date of enact22 ment of this section; and 

23 (iii) any recommendations the Sec24 retary may choose to make regarding legis25 lative or administration steps to further 


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1 the purposes for which the program was 

2 established. 

3 (c) ASSISTANCE TO STATES AND TRIBES.— 

4 (1) STATE PROGRAM.—The Secretary of the In5 terior, in consultation with the Secretary of Energy, 

6 shall establish a program to provide technical assist7 ance to facilitate State efforts to develop and imple8 ment practical and economical remedies for environ9 mental problems caused by abandoned wells on lands 

10 that are not owned by the United States. The Sec11 retary shall work with the States, through the Inter12 state Oil and Gas Compact Commission, to assist 

13 the States in quantifying and mitigating environ14 mental risks of onshore abandoned wells on State 

15 and private lands. 

16 (2) TRIBAL PROGRAM.—The Secretary of the 

17 Interior, in consultation with the Secretary of En18 ergy, shall establish a program to provide technical 

19 assistance to facilitate efforts by Indian Tribes to 

20 develop and implement practical and economical 

21 remedies for environmental problems caused by 

22 abandoned wells on Indian lands, including lands 

23 held in trust by the United States. 


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1 (3) PROGRAM ELEMENTS.—So far as possible, 

2 the programs established under this section shall in3 clude— 

4 (A) mechanisms to facilitate identification 

5 of responsible parties; 

6 (B) criteria for ranking critical sites based 

7 on factors such as other land use priorities, po8 tential environmental harm and public visibility; 

9 and 

10 (C) information and training programs re11 garding best practices for remediation of dif12 ferent types of sites. 

13 (d) FUND.— 

14 (1) ESTABLISHMENT.—There is established in 

15 the Treasury a separate account to be known as the 

16 Abandoned and Orphaned Oil and Gas Well Cleanup 

17 Fund. 

18 (2) CONTENTS.—The account shall consist of 

19 amounts deposited in the account under section 

20 35(d) of the Mineral Leasing Act. 

21 (3) USE.—Of the amounts deposited into the 

22 account each fiscal year, there shall be available to 

23 the Secretary of the Interior— 

24 (A) $5,000,000 to carry out subsection (b); 

25 and 


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1 (B) $5,000,000 to carry out subsection (c). 

2 (e) SURCHARGE FEE FOR APPLICATIONS PERMITS

3 TO DRILL.—Section 35(d) of the Mineral Leasing Act (30 

4 U.S.C. 191(d)) is amended— 

5 (1) in paragraph (2), by inserting ‘‘under para6 graph (1)’’ after ‘‘the fee’’; 

7 (2) in paragraph (3)— 

8 (A) by striking ‘‘this subsection’’ and in9 serting ‘‘paragraph (1)’’; and 

10 (B) in subparagraph (B), by striking ‘‘the 

11 fees’’ and inserting ‘‘such fees’’; and 

12 (3) by striking paragraph (4) and inserting the 

13 following: 

14 ‘‘(4) SURCHARGE.— 

15 ‘‘(A) IN GENERAL.—In addition to the fee 

16 collected under paragraph (1), the Secretary 

17 shall collect a surcharge fee for each such new 

18 application for a permit to drill in the amount 

19 of $250 (as indexed as provided in paragraph 

20 (2)). 

21 ‘‘(B) DEPOSIT.—Amounts collected as a 

22 surcharge fee under this paragraph shall be de23 posited into the Abandoned and Orphaned Oil 

24 and Gas Well Cleanup Fund established by secVerDate Sep 11 2014 21:17 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H4426.IH H4426

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1 tion 413 of the Sustainable Energy Develop2 ment Reform Act.’’. 

3 SEC. 414. ONLINE PUBLICATION OF NOTICES OF STAKING 

4 AND APPLICATIONS FOR PERMITS TO DRILL. 

5 Section 17(g) of the Mineral Leasing Act (30 U.S.C. 

6 226(g)), as amended by this Act, is further amended by 

7 adding at the end the following: 

8 ‘‘(10) PUBLICATION OF NOTICES OF STAKING

9 AND APPLICATIONS FOR PERMITS TO DRILL.— 

10 ‘‘(A) ONSITE REVIEW.—No onsite review 

11 may be conducted pursuant to a notice of stak12 ing under Onshore Oil and Gas Order No. 1 of 

13 the Bureau of Land Management (dated March 

14 7, 2007), or any successor authority, before the 

15 end of the 10-day period beginning on the date 

16 the Secretary publishes such notice on the 

17 Internet. 

18 ‘‘(B) PERMITS TO DRILL.—No permit au19 thorizing drilling for purposes of exploration 

20 for, or development or production of, oil or gas 

21 under this Act may be issued before the end of 

22 the 30-day period beginning on the date the 

23 Secretary publishes the application for such 

24 permit on the Internet.’’. 


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1 SEC. 415. HAVING OPEN ACCESS TO RELEVANT DATA. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Having Open Access to Relevant Data Act’’ or the 

4 ‘‘HOARD Act’’. 

5 (b) REPORT ON APDS.— 

6 (1) IN GENERAL.—Not later than January 1 of 

7 each year, the Secretary of the Interior shall submit 

8 to Congress a report on the following statistics: 

9 (A) The number of APDs approved by the 

10 BLM during the previous fiscal year for which 

11 the applicant has not begun drilling by the end 

12 of such year. 

13 (B) The number of APDs approved by the 

14 BLM during any fiscal year for which the appli15 cant has not begun drilling by the end of the 

16 previous fiscal year. 

17 (C) With respect to APDs approved by the 

18 BLM during the previous fiscal year, the aver19 age number of days between receipt of an APD 

20 by the BLM and the approval of such APD, 

21 disaggregated by the average number of such 

22 days— 

23 (i) the APD was being processed by 

24 BLM; and 

25 (ii) the BLM was waiting on addi26 tional information from the applicant. 


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1 (D) With respect to APDs approved by the 

2 BLM during the previous fiscal year, the aver3 age cost of approving an APD. 

4 (2) DISAGGREGATION.—The Secretary of the 

5 Interior shall disaggregate each statistic required 

6 under paragraph (1) by the location of the site for 

7 which the APD was requested, including by— 

8 (A) the State in which such site is located; 

9 (B) the BLM field office that administers 

10 the land upon which such site is located; 

11 (C) whether or not the site is located on 

12 Federal land; and 

13 (D) whether or not the site is located on 

14 Indian land. 

15 (c) DISCOURAGING HOARDING AND SPECULATION.— 

16 (1) LIMITATION ON FEDERAL FUNDS USED FOR

17 STREAMLINING PROCESSING OF APDS.—No Federal 

18 funds may be used to streamline BLM processing of 

19 APDs during a fiscal year if, on the last day of the 

20 previous fiscal year, the number of APDs approved 

21 by the BLM during any fiscal year, but for which 

22 the applicant has not begun drilling, is greater than 

23 twice the number of APDs received by the BLM 

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1 ther approved nor requested more information from 

2 the applicant. 

3 (2) LIMITATION ON NUMBER OF OUTSTANDING

4 APDS PER APPLICANT.—If any applicant, including 

5 its affiliates, has received greater than 100 approved 

6 APDs from the BLM for which such applicant, in7 cluding its affiliates, has not begun drilling, then 

8 such applicant, including its affiliates, shall not be 

9 eligible to participate in the competitive and non10 competitive bidding processes for oil and gas explo11 ration and production under the Minerals Leasing 

12 Act (30 U.S.C. 181 et seq.) during the 5-year period 

13 beginning on the first day of the next fiscal year. 

14 (d) DEFINITIONS.—In this section: 

15 (1) AFFILIATE.—With respect to an applicant, 

16 the term ‘‘affiliate’’ means any person that controls, 

17 is controlled by, or is under common control with the 

18 applicant. 

19 (2) APD.—The term ‘‘APD’’ means an applica20 tion received by the BLM for a permit to drill an 

21 oil or gas well. 

22 (3) BLM.—The term ‘‘BLM’’ means the Bu23 reau of Land Management. 


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1 Subtitle C—Operational Reforms 

2 SEC. 421. BEST MANAGEMENT PRACTICES. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Secretary of the Interior shall promulgate 

5 final regulations that require oil and gas operators to use 

6 best management practices that ensure the sound, effi7 cient, and environmentally responsible development of oil 

8 and gas on Federal lands in a manner that avoids where 

9 practical, minimizes, and mitigates actual and anticipated 

10 impacts to environmental habitat functions resulting from 

11 oil and gas development. Such regulations may allow the 

12 Secretary to approve site-specific adjustments to address 

13 unique issues and circumstances, on a case-by-case basis. 

14 All such regulations shall be consistent with the United 

15 States trust responsibility to Indian Tribes. 

16 SEC. 422. INSPECTION FEE. 

17 (a) IN GENERAL.—Section 108 of the Federal Oil 

18 and Gas Royalty Management Act of 1982 (30 U.S.C. 

19 1718) is amended by adding at the end the following: 

20 ‘‘(d) INSPECTION FEE.— 

21 ‘‘(1) IN GENERAL.—The designated operator 

22 under each oil and gas lease on Federal or Indian 

23 lands, or each unit and communitization agreement 

24 that includes one or more such Federal or Indian 

25 leases, that is subject to inspection under subsection 


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1 (b) and that is in force at the start of fiscal year 

2 2017, shall pay a nonrefundable inspection fee in an 

3 amount that, except as provided in paragraph (2), is 

4 established by the Secretary by regulation and is 

5 sufficient to recover the full costs incurred by the 

6 United States for inspection and enforcement with 

7 respect to such leases. 

8 ‘‘(2) AMOUNT.—Until the effective date of reg9 ulations under paragraph (1), the amount of the fee 

10 shall be— 

11 ‘‘(A) $700 for each lease or unit or 

12 communitization agreement with no active or 

13 inactive wells, but with surface use, disturbance 

14 or reclamation; 

15 ‘‘(B) $1,225 for each lease or unit or 

16 communitization agreement with 1 to 10 wells, 

17 with any combination of active or inactive wells; 

18 ‘‘(C) $4,900 for each lease or unit or 

19 communitization agreement with 11 to 50 wells, 

20 with any combination of active or inactive wells; 

21 and 

22 ‘‘(D) $9,800 for each lease or unit or 

23 communitization agreement with more than 50 

24 wells, with any combination of active or inactive 

25 wells. 


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1 ‘‘(3) DUE DATE.—Payment of the fee under 

2 this section shall be due not later than 30 days after 

3 the Secretary provides notice of the assessment of 

4 the fee. 

5 ‘‘(4) PENALTY.—If the designated operator 

6 fails to pay the full amount of the fee as prescribed 

7 in this section, the Secretary may, in addition to uti8 lizing any other applicable enforcement authority, 

9 assess civil penalties against the operator under sec10 tion 109 in the same manner as if this section were 

11 a mineral leasing law.’’. 

12 (b) ASSESSMENT FOR FISCAL YEAR 2018.—The Sec13 retary of the Interior shall assess the fee under the amend14 ment made by subsection (a) for fiscal year 2018, and pro15 vide notice of such assessment to each designated operator 

16 who is liable for such fee, by not later than 60 days after 

17 the date of the enactment of this Act. 

18 SEC. 423. PROTECTION OF WATER RESOURCES. 

19 (a) MINERAL LEASING ACT REQUIREMENTS.—Sec20 tion 17 of the Mineral Leasing Act (30 U.S.C. 226) is 

21 amended by adding at the end the following: 

22 ‘‘(r) WATER REQUIREMENTS.— 

23 ‘‘(1) An operator producing oil or gas (includ24 ing coalbed methane) under a lease issued under this 

25 Act shall— 


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1 ‘‘(A) replace the water supply of a water 

2 user who obtains all or part of such user’s sup3 ply of water for domestic, agricultural, or other 

4 purposes from an underground or surface 

5 source that has been affected by contamination, 

6 diminution, or interruption proximately result7 ing from drilling operations for such produc8 tion; and 

9 ‘‘(B) comply with all applicable require10 ments of Federal and State law for discharge of 

11 any water produced under the lease. 

12 ‘‘(2) An application for a permit to drill under 

13 a lease under this Act shall be accompanied by a 

14 proposed water management plan including provi15 sions to— 

16 ‘‘(A) protect the quantity and quality of 

17 surface and ground water systems, both on-site 

18 and off-site, from adverse effects of the explo19 ration, development, and reclamation processes 

20 or to provide alternative sources of water if 

21 such protection cannot be assured; 

22 ‘‘(B) protect the rights of present users of 

23 water that would be affected by operations 

24 under the lease, including the discharge of any 


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1 water produced in connection with such oper2 ations that is not reinjected; and 

3 ‘‘(C) identify any agreements with other 

4 parties for the beneficial use of produced waters 

5 and the steps that will be taken to comply with 

6 State and Federal laws related to such use.’’. 

7 (b) RELATION TO STATE LAW.—Nothing in this sec8 tion or any amendment made by this section shall— 

9 (1) be construed as impairing or in any manner 

10 affecting any right or jurisdiction of any State with 

11 respect to the waters of such State; or 

12 (2) be construed as limiting, altering, modi13 fying, or amending any of the interstate compacts or 

14 equitable apportionment decrees that apportion 

15 water among and between States. 

16 SEC. 424. METHANE EMISSIONS. 

17 (a) IN GENERAL.—Title I of the Federal Oil and Gas 

18 Royalty Management Act of 1982 (30 U.S.C. 1711 et 

19 seq.) is amended by adding at the end the following: 

20 ‘‘SEC. 118. GAS WASTE REDUCTION AND ENHANCEMENT OF 

21 GAS MEASURING AND REPORTING. 

22 ‘‘(a) RULES FOR PREVENTING AND REDUCING

23 WASTE OF GAS VIA VENTING, FLARING, AND FUGITIVE

24 RELEASES.— 


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1 ‘‘(1) REQUIREMENT TO ISSUE RULES.—The 

2 Secretary shall issue rules that establish require3 ments for reducing and preventing the waste of gas, 

4 including by venting, flaring, and fugitive releases, 

5 from covered operations. 

6 ‘‘(2) CONTENT OF RULES.—The rules shall— 

7 ‘‘(A) require that 99 percent of all gas pro8 duced that is subject to a mineral leasing law 

9 be captured annually within 5 years after the 

10 enactment of the Sustainable Energy Develop11 ment Reform Act; 

12 ‘‘(B) require flaring of gas, rather than 

13 venting, in all instances in which gas capture is 

14 not viable; 

15 ‘‘(C) require that every application for a 

16 permit to drill a production well— 

17 ‘‘(i) demonstrate sufficient infrastruc18 ture is in place to capture produced gas; 

19 and 

20 ‘‘(ii) be subject to public comments 

21 for a period of 30 days; 

22 ‘‘(D) prohibit all new wells from flaring, 

23 within 2 years after the date of the enactment 

24 of the Sustainable Energy Development Reform 

25 Act; 


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1 ‘‘(E) require the operator of any covered 

2 operation that routinely flares gas before the ef3 fective date of the prohibition under subpara4 graph (D) to submit a gas capture plan to the 

5 Secretary no later than 6 months after such ef6 fective date that ensures the requirement in 

7 subparagraph (A) will be met; 

8 ‘‘(F) require the operator of any covered 

9 operation that routinely flares gas before the ef10 fective date of the prohibition under subpara11 graph (D) to demonstrate a yearly decrease in 

12 the amount of gas flared, as a fraction of gas 

13 produced, to meet the requirement under sub14 paragraph (A); 

15 ‘‘(G) set performance standards based on 

16 modern equipment, to be updated every 5 years, 

17 that minimize gas loss from— 

18 ‘‘(i) storage tanks; 

19 ‘‘(ii) dehydrators; 

20 ‘‘(iii) compressors; 

21 ‘‘(iv) open-ended valves or lines; 

22 ‘‘(v) pumps; and 

23 ‘‘(vi) other equipment for which the 

24 Secretary considers such standards are 

25 necessary; 


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1 ‘‘(H) require the replacement of all high2 bleed gas-actuated pneumatic devices with low3 bleed or no-bleed devices; 

4 ‘‘(I) set performance standards based on 

5 modern procedures and equipment, to be up6 dated every 5 years, that minimize gas loss 

7 from— 

8 ‘‘(i) downhole maintenance; 

9 ‘‘(ii) liquids unloading; 

10 ‘‘(iii) well completion; and 

11 ‘‘(iv) other procedures for which the 

12 Secretary considers such standards are 

13 necessary; 

14 ‘‘(J) require all operators to have regularly 

15 scheduled leak detection programs that assess 

16 the entire covered operation using an infrared 

17 camera or other equipment with equivalent sen18 sitivity and the ability to survey similarly large 

19 areas; 

20 ‘‘(K) require any leaks found during leak 

21 detection programs required under subpara22 graph (J), or otherwise, to be repaired within 2 

23 weeks; and 

24 ‘‘(L) require recordkeeping for— 

25 ‘‘(i) equipment maintenance; 


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1 ‘‘(ii) leak detection and repair; 

2 ‘‘(iii) venting events; 

3 ‘‘(iv) flaring events; and 

4 ‘‘(v) other operations for which the 

5 Secretary considers such requirements are 

6 necessary. 

7 ‘‘(b) GAS MEASURING, REPORTING, AND TRANS8 PARENCY REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall, in ac10 cordance with this subsection, establish new require11 ments for measuring and reporting the production 

12 and disposition of all gas subject to the mineral leas13 ing laws to allow for more accurate accounting of all 

14 such gas that is consumed or lost by venting and 

15 flaring, and of fugitive releases of such gas. 

16 ‘‘(2) MEASURING AND REPORTING REQUIRE17 MENTS.—To account for all gas referred to in para18 graph (1), the Secretary shall issue rules requiring 

19 oil or gas operators to— 

20 ‘‘(A) measure all production and disposi21 tion of gas with such accuracy that fugitive gas 

22 releases can be calculated; 

23 ‘‘(B) install metering devices to measure 

24 all vented and flared gas; and 


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1 ‘‘(C) report to the Secretary the volumes of 

2 gas measured under the requirements under 

3 subparagraph (A), including— 

4 ‘‘(i) all new measured values for pro5 duction and disposition, including vented 

6 and flared volumes; and 

7 ‘‘(ii) fugitive releases based on guide8 lines for their calculation established by 

9 the Secretary in the rule. 

10 ‘‘(3) TRANSPARENCY.—The Secretary shall 

11 make all new data produced under the requirements 

12 established by the Secretary under this subsection, 

13 including calculated fugitive releases and volumes of 

14 gas lost to venting and flaring, publicly available 

15 through the internet— 

16 ‘‘(A) without a fee or other access charge; 

17 ‘‘(B) in a searchable, sortable, and 

18 downloadable manner, to the extent technically 

19 possible; and 

20 ‘‘(C) as soon as technically practicable 

21 after the report by the operator is filed. 

22 ‘‘(c) APPLICATION.—Except as otherwise specified in 

23 this section, the requirements established by the Secretary 

24 under this section shall apply to— 


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1 ‘‘(1) the construction and operation of any cov2 ered operation initiated after the date of the 

3 issuance of rules under this section; and 

4 ‘‘(2) after the end of the 1-year period begin5 ning on the date of the issuance of such rules, any 

6 covered operation initiated before the date of the 

7 issuance of such rules. 

8 ‘‘(d) ENFORCEMENT MECHANISMS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall include 

10 in the rules issued under this section consistent en11 forcement mechanisms for covered operations that 

12 are not in compliance with the requirements estab13 lished by the rules. 

14 ‘‘(2) REQUIREMENTS.—The enforcement mech15 anisms under paragraph (1) shall include— 

16 ‘‘(A) civil penalties for unauthorized vent17 ing and flaring, which shall— 

18 ‘‘(i) apply in lieu of the penalties 

19 under section 109; and 

20 ‘‘(ii) include production restrictions 

21 and civil monetary penalties equivalent to 

22 3 times the market value of the vented or 

23 flared gas; and 


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1 ‘‘(B) civil penalties that apply to non2 compliance with other new or existing proce3 dures, which shall— 

4 ‘‘(i) apply in addition to or in lieu of 

5 the penalties under section 109; 

6 ‘‘(ii) include production restrictions or 

7 monetary penalties, or both; and 

8 ‘‘(iii) in the case of monetary pen9 alties, be proportional to market condi10 tions. 

11 ‘‘(e) DEFINITIONS.—In this section: 

12 ‘‘(1) COVERED OPERATIONS.—The term ‘cov13 ered operations’ means all oil and gas operations 

14 that are subject to mineral leasing law or title V of 

15 the Federal Land Policy and Management Act of 

16 1976 (30 U.S.C. 1761 et seq.), regardless of size, in17 cluding production, storage, gathering, processing, 

18 and handling operations. 

19 ‘‘(2) FLARE AND FLARING.—The term ‘flaring’ 

20 means the intentional and controlled burning of gas 

21 that occurs in the course of oil and gas operations 

22 to limit release of gas to the atmosphere. 

23 ‘‘(3) FUGITIVE RELEASE.—The term ‘fugitive 

24 release’ means the unintentional and uncontrolled 


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1 release of gas into the atmosphere in the course of 

2 oil and gas operations. 

3 ‘‘(4) GAS CAPTURE PLAN.—The term ‘gas cap4 ture plan’ means a plan that includes specific goals, 

5 including equipment and timelines, for capturing, 

6 gathering, and processing gas produced under an oil 

7 or gas lease. 

8 ‘‘(5) GAS RELEASE.—The term ‘gas release’ in9 cludes all gas that is discharged to the atmosphere 

10 via venting or fugitive release. 

11 ‘‘(6) VENT AND VENTING.—The term ‘venting’ 

12 means the intentional and controlled release of gas 

13 into the atmosphere in the course of oil and gas op14 erations.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1 of that Act is amended by adding at the end 

17 of the items relating to title I the following: 

‘‘Sec. 118. Gas waste reduction and enhancement of gas measuring and reporting.’’. 

18 (c) DEADLINE.—The Secretary of the Interior shall 

19 issue rules required by the amendments made by this sec20 tion by not later than 1 year after the date of the enact21 ment of this Act. 

22 (d) INTERIM APPLICATION OF PRIOR RULE.—The 

23 final rule entitled ‘‘Waste Prevention, Production Subject 

24 to Royalties, and Resource Conservation’’, as published in 


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1 the Federal Register November 18, 2016 (81 Fed. Reg. 

2 83008), shall apply until the date of the publication of 

3 a final rule under the amendment made by subsection (a). 

4 (e) ASSESSMENT OF VENTING, FLARING, AND FUGI5 TIVE RELEASES.—Not later than 6 months after the end 

6 of the 1-year period beginning on the date the Secretary 

7 of the Interior first receives data submitted under the re8 quirements established under subsection (b) of section 118 

9 of the Federal Oil and Gas Royalty Management Act of 

10 1982, as amended by this section, the Secretary shall— 

11 (1) submit a report to Congress describing— 

12 (A) the volume of fugitive releases, and gas 

13 consumed or lost by venting and flaring, from 

14 covered operations (as those terms are used in 

15 such section); 

16 (B) additional rules the Secretary con17 siders necessary to further curtail venting, flar18 ing, and fugitive releases, or the rational basis 

19 for not issuing new rules if the Secretary con20 siders new rules are not necessary; and 

21 (C) recommendations for new statutory au22 thority necessary to limit venting, flaring, or fu23 gitive releases; and 


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1 (2) issue rules described in the report under 

2 paragraph (1)(B) within 1 year after the date of the 

3 submission of the report. 

4 SEC. 425. FRACKING REGULATION ON FEDERAL LANDS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, the Secretary of the 

7 Interior, acting through the Bureau of Land Management, 

8 shall issue regulations governing the use of hydraulic frac9 turing under oil and gas leases for Federal lands. 

10 (b) INCLUDED PROVISIONS.—The regulations under 

11 this section shall include— 

12 (1) requirement of baseline water testing; and 

13 (2) full disclosure to the public of chemicals 

14 used for hydraulic fracturing, on an appropriate 

15 internet website. 

16 (c) INTERIM APPLICATION OF PRIOR RULE.—The 

17 final rule entitled ‘‘Oil and Gas; Hydraulic Fracturing on 

18 Federal and Indian Lands’’, as published in the Federal 

19 Register March 26, 2015 (80 Fed. Reg. 16128), and cor20 rected by the rule published March 30, 2015 (80 Fed. 

21 Reg. 16577), shall apply until the date of the publication 

22 of a final rule under subsection (a). 

23 SEC. 426. CLOSING LOOPHOLES. 

24 (a) SAFE DRINKING WATER ACT.— 


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1 (1) HYDRAULIC FRACTURING.—Section 

2 1421(d)(1) of the Safe Drinking Water Act (42 

3 U.S.C. 300h(d)(1)) is amended by striking subpara4 graph (B) and inserting the following: 

5 ‘‘(B) includes the underground injection of 

6 fluids or propping agents pursuant to hydraulic frac7 turing operations related to oil, gas, or geothermal 

8 production activities; but 

9 ‘‘(C) excludes the underground injection of nat10 ural gas for purposes of storage.’’. 

11 (2) DISCLOSURE OF HYDRAULIC FRACTURING

12 CHEMICALS; MEDICAL EMERGENCIES; PROPRIETARY

13 CHEMICAL FORMULAS.—Section 1421(b) of the Safe 

14 Drinking Water Act (42 U.S.C. 300H(b)) is amend15 ed by adding at the end the following: 

16 ‘‘(4)(A) Regulations included under paragraph 

17 (1)(C) shall include the following requirements: 

18 ‘‘(i) A person conducting hydraulic frac19 turing operations shall disclose to the State (or 

20 the Administrator if the Administrator has pri21 mary enforcement responsibility in the State)— 

22 ‘‘(I) prior to the commencement of 

23 any hydraulic fracturing operations at any 

24 lease area or portion thereof, a list of 

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1 ground injection during such operations, 

2 including identification of the chemical 

3 constituents of mixtures, Chemical Ab4 stracts Service numbers for each chemical 

5 and constituent, material safety data 

6 sheets when available, and the anticipated 

7 volume of each chemical; and 

8 ‘‘(II) not later than 30 days after the 

9 end of any hydraulic fracturing operations, 

10 the list of chemicals used in each under11 ground injection during such operations, 

12 including identification of the chemical 

13 constituents of mixtures, Chemical Ab14 stracts Service numbers for each chemical 

15 and constituent, material safety data 

16 sheets when available, and the volume of 

17 each chemical used. 

18 ‘‘(ii) The State or the Administrator, as 

19 applicable, shall make the disclosure of chemical 

20 constituents referred to in clause (i) available to 

21 the public, including by posting the information 

22 on an appropriate internet website. 

23 ‘‘(iii) Whenever the State or the Adminis24 trator, or a treating physician or nurse, deter25 mines that a medical emergency exists and the 


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1 proprietary chemical formula of a chemical used 

2 in hydraulic fracturing operations is necessary 

3 for medical treatment, the person conducting 

4 the hydraulic fracturing operations shall, upon 

5 request, immediately disclose the proprietary 

6 chemical formulas or the specific chemical iden7 tity of a trade secret chemical to the State, the 

8 Administrator, or the treating physician or 

9 nurse, regardless of whether a written state10 ment of need or a confidentiality agreement has 

11 been provided. The person conducting the hy12 draulic fracturing operations may require a 

13 written statement of need and a confidentiality 

14 agreement as soon thereafter as circumstances 

15 permit. 

16 ‘‘(B) Subparagraphs (A)(i) and (A)(ii) do not 

17 authorize the State (or the Administrator) to require 

18 the public disclosure of proprietary chemical for19 mulas.’’. 

20 (b) CLEAN WATER ACT.— 

21 (1) LIMITATION ON PERMIT REQUIREMENT.— 

22 Section 402(l) of the Federal Water Pollution Con23 trol Act (33 U.S.C. 1342) is amended by striking 

24 paragraph (2) and redesignating paragraph (3) as 

25 paragraph (2). 


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1 (2) DEFINITIONS.—Section 502 of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1362) is 

3 amended— 

4 (A) by striking paragraph (24); and 

5 (B) by redesignating paragraphs (25) and 

6 (26) as paragraphs (24) and (25), respectively. 

7 (3) STUDY.— 

8 (A) IN GENERAL.—The Secretary of the 

9 Interior shall conduct a study of stormwater 

10 impacts with respect to any area that the Sec11 retary determines may be contaminated by 

12 stormwater runoff associated with oil or gas op13 erations, which shall include— 

14 (i) an analysis of measurable contami15 nation in such area; 

16 (ii) an analysis of ground water re17 sources in such area; and 

18 (iii) an analysis of the susceptibility of 

19 aquifers in such area to contamination 

20 from stormwater runoff associated with 

21 such operations. 

22 (B) REPORT.—Not later than 1 year after 

23 the date of enactment of this section, the Sec24 retary shall submit to Congress a report on the 


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1 results of studies conducted under subpara2 graph (A). 

3 (c) CLEAN AIR ACT.— 

4 (1) REPEAL OF EXEMPTION FOR AGGREGATION

5 OF EMISSIONS FROM OIL AND GAS SOURCES.—Sec6 tion 112(n) of the Clean Air Act (42 U.S.C. 

7 7412(n)) is amended by striking paragraph (4). 

8 (2) HYDROGEN SULFIDE AS A HAZARDOUS AIR

9 POLLUTANT.—The Administrator of the Environ10 mental Protection Agency shall— 

11 (A) not later than 180 days after the date 

12 of enactment of this Act, issue a final rule add13 ing hydrogen sulfide to the list of hazardous air 

14 pollutants under section 112(b) of the Clean 

15 Air Act (42 U.S.C. 7412(b)); and 

16 (B) not later than 365 days after a final 

17 rule under paragraph (1) is issued, revise the 

18 list under section 112(c) of such Act (42 U.S.C. 

19 7412(c)) to include categories and subcategories 

20 of major sources and area sources of hydrogen 

21 sulfide, including oil and gas wells. 

22 (d) SOLID WASTE DISPOSAL ACT.— 

23 (1) IDENTIFICATION OR LISTING, AND REGULA24 TION UNDER SUBTITLE C.—Paragraph (2) of section 


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1 3001(b) of the Solid Waste Disposal Act (42 U.S.C. 

2 6921(b)) is amended to read as follows: 

3 ‘‘(2) Not later than 1 year after the date of enact4 ment of the Sustainable Energy Development Reform Act, 

5 the Administrator shall— 

6 ‘‘(A) determine whether drilling fluids, pro7 duced waters, and other wastes associated with the 

8 exploration, development, or production of crude oil, 

9 natural gas, or geothermal energy meet the criteria 

10 promulgated under this section for the identification 

11 or listing of hazardous waste; 

12 ‘‘(B) identify or list as hazardous waste any 

13 drilling fluids, produced waters, or other wastes as14 sociated with the exploration, development, or pro15 duction of crude oil, natural gas, or geothermal en16 ergy that the Administrator determines, pursuant to 

17 subparagraph (A), meet the criteria promulgated 

18 under this section for the identification or listing of 

19 hazardous waste; and 

20 ‘‘(C) promulgate regulations under sections 

21 3002, 3003, and 3004 for wastes identified or listed 

22 as hazardous waste pursuant to subparagraph (B), 

23 except that the Administrator is authorized to mod24 ify the requirements of such sections to take into ac25 count the special characteristics of such wastes so 


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1 long as such modified requirements protect human 

2 health and the environment.’’. 

3 (2) REGULATION UNDER SUBTITLE D.—Section 

4 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 

5 6949a(c)) is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(7) DRILLING FLUIDS, PRODUCED WATERS, 

8 AND OTHER WASTES ASSOCIATED WITH THE EXPLO9 RATION, DEVELOPMENT, OR PRODUCTION OF CRUDE

10 OIL, NATURAL GAS, OR GEOTHERMAL ENERGY.—Not 

11 later than 1 year after the date of enactment of the 

12 Sustainable Energy Development Reform Act, the 

13 Administrator shall promulgate revisions of the cri14 teria promulgated under section 4004(a) and under 

15 section 1008(a)(3) for facilities that may receive 

16 drilling fluids, produced waters, or other wastes as17 sociated with the exploration, development, or pro18 duction of crude oil, natural gas, or geothermal en19 ergy, that are not identified or listed as hazardous 

20 waste pursuant to section 3001(b)(2). The criteria 

21 shall be those necessary to protect human health 

22 and the environment and may take into account the 

23 practicable capability of such facilities. At a min24 imum such revisions for facilities potentially receiv25 ing such wastes should require ground water moniVerDate Sep 11 2014 21:17 Nov 22, 2017 Jkt 079200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H4426.IH H4426

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1 toring as necessary to detect contamination, estab2 lish criteria for the acceptable location of new or ex3 isting facilities, and provide for corrective action and 

4 financial assurance as appropriate.’’. 

5 SEC. 427. TRANSPARENCY IN MANAGEMENT OF LEASES. 

6 Section 17(a) of the Mineral Leasing Act (30 U.S.C. 

7 226(a)), as amended by sections 401, 404, and 405 of this 

8 Act, is further amended by adding at the end the fol9 lowing: 

10 ‘‘(5) TRANSPARENCY IN MANAGEMENT OF

11 LEASES.—The Secretary shall make available on a 

12 public Internet website for each lease under this sec13 tion— 

14 ‘‘(A) the identity of— 

15 ‘‘(i) each person who is or has been a 

16 lessee under the lease; and 

17 ‘‘(ii) each person who is or has been 

18 an operator under the lease; 

19 ‘‘(B) notice of each transfer of the lease; 

20 and 

21 ‘‘(C) notice of each suspension of oper22 ations, each suspension of production, and each 

23 suspension of operations and production.’’. 


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1 SEC. 428. LEASE CANCELLATION FOR IMPROPER 

2 ISSUANCE. 

3 Section 31(b) of the Mineral Leasing Act (30 U.S.C. 

4 188(b)) is amended by inserting ‘‘if the lease was improp5 erly issued or’’ after ‘‘30 days notice’’. 

6 SEC. 429. PROTECTING NATIONAL PARKS AND WILDLIFE 

7 REFUGES. 

8 (a) IN GENERAL.—Each of the rules described in 

9 subsection (b) shall apply as published on the date re10 ferred to in such subsection for such rule, unless— 

11 (1) the Secretary of the Interior determines 

12 that modifications to such rule are necessary; and 

13 (2) such modifications are more protective of 

14 National Parks or National Wildlife Refuges, as ap15 plicable. 

16 (b) RULES DESCRIBED.—The rules referred to in 

17 subsection (a) are— 

18 (1) the rule entitled ‘‘General Provisions and 

19 Non-Federal Oil and Gas Rights; Final Rule’’, as 

20 published in the Federal Register November 4, 2016 

21 (81 Fed. Reg. 77972); and 

22 (2) the rule entitled ‘‘Management of Non-Fed23 eral Oil and Gas Rights’’, as published November 

24 14, 2016 (81 Fed. Reg. 79948). 


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1 TITLE V—OFFSHORE OIL AND 

2 GAS REFORMS 

3 Subtitle A—Regional Coordination 

4 and Planning 

5 SEC. 501. DEFINITIONS. 

6 In this subtitle: 

7 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af8 fected Indian tribe’’ means an Indian tribe that has 

9 federally reserved rights that are affirmed by treaty, 

10 statute, Executive order, Federal court order, or 

11 other Federal law in the area at issue. 

12 (2) COASTAL STATE.—The term ‘‘coastal 

13 State’’ has the meaning given the term in section 

14 304 of the Coastal Zone Management Act of 1972 

15 (16 U.S.C. 1453). 

16 (3) IMPORTANT ECOLOGICAL AREA.—The term 

17 ‘‘important ecological area’’ means an area that con18 tributes significantly to local or larger marine eco19 system health or is an especially unique or sensitive 

20 marine ecosystem. 

21 (4) MARINE ECOSYSTEM HEALTH.—The term 

22 ‘‘marine ecosystem health’’ means the ability of an 

23 ecosystem in ocean and coastal waters to support 

24 and maintain patterns, important processes, and 

25 productive, sustainable, and resilient communities of 


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1 organisms, having a species composition, diversity, 

2 and functional organization resulting from the nat3 ural habitat of the region, such that it is capable of 

4 supporting a variety of activities and providing a 

5 complete range of ecological benefits. Such an eco6 system would be characterized by a variety of fac7 tors, including— 

8 (A) a complete diversity of native species 

9 and habitat wherein each native species is able 

10 to maintain an abundance, population struc11 ture, and distribution supporting its ecological 

12 and evolutionary functions, patterns, and proc13 esses; and 

14 (B) a physical, chemical, geological, and 

15 microbial environment that is necessary to 

16 achieve such diversity. 

17 (5) OUTER CONTINENTAL SHELF.—The term 

18 ‘‘Outer Continental Shelf’’ has the meaning that the 

19 term ‘‘outer Continental Shelf’’ has in the Outer 

20 Continental Shelf Lands Act (43 U.S.C. 1331 et 

21 seq.). 

22 (6) REGIONAL OCEAN PARTNERSHIP.—The 

23 term ‘‘Regional Ocean Partnership’’ means vol24 untary, collaborative management initiatives devel25 oped and entered into by the Governors of two or 


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1 more coastal States or created by an interstate com2 pact for the purpose of addressing more than one 

3 ocean, coastal, or Great Lakes issue and to imple4 ment policies and activities identified under special 

5 area management plans under the Coastal Zone 

6 Management Act of 1972 (16 U.S.C. 1451 et seq.) 

7 or other agreements developed and signed by the 

8 Governors. 

9 (7) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 SEC. 502. REGIONAL COORDINATION. 

12 (a) IN GENERAL.—The purpose of this subtitle is— 

13 (1) to promote better coordination, communica14 tion, and collaboration between Federal agencies 

15 with authorities for ocean, coastal, and Great Lakes 

16 management; and 

17 (2) to promote coordinated and collaborative re18 gional planning efforts using the best available 

19 science in decisions affecting the sustainable develop20 ment and use of Federal renewable and nonrenew21 able resources on, in, or above the ocean (including 

22 the Outer Continental Shelf) and the Great Lakes to 

23 ensure the protection and maintenance of marine 

24 ecosystem health and for the long-term economic 

25 and environmental benefit of the United States. 


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1 (b) OBJECTIVES OF REGIONAL EFFORTS.—Such re2 gional efforts shall achieve the following objectives: 

3 (1) Greater systematic communication and co4 ordination among Federal, coastal State, and af5 fected tribal governments concerned with the con6 servation of and the sustainable development and 

7 use of Federal renewable and nonrenewable re8 sources of the oceans, coasts, and Great Lakes. 

9 (2) To the maximum extent feasible, greater re10 liance on a multiobjective, science- and ecosystem11 based, spatially explicit management approach that 

12 integrates regional economic, ecological, affected 

13 tribal, and social objectives into ocean, coastal, and 

14 Great Lakes management decisions. 

15 (3) Identification and prioritization of shared 

16 State and Federal ocean, coastal, and Great Lakes 

17 management issues. 

18 (4) Identification of data and information need19 ed by the Regional Coordination Councils established 

20 under section 503. 

21 (c) REGIONS.—There are hereby designated the fol22 lowing Coordination Regions: 

23 (1) PACIFIC REGION.—The Pacific Coordination 

24 Region, which shall consist of the coastal waters and 


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1 Exclusive Economic Zone adjacent to the States of 

2 Washington, Oregon, and California. 

3 (2) GULF OF MEXICO REGION.—The Gulf of 

4 Mexico Coordination Region, which shall consist of 

5 the coastal waters and Exclusive Economic Zone ad6 jacent to the States of Texas, Louisiana, Mississippi, 

7 and Alabama, and the west coast of Florida. 

8 (3) NORTH ATLANTIC REGION.—The North At9 lantic Coordination Region, which shall consist of 

10 the coastal waters and Exclusive Economic Zone ad11 jacent to the States of Maine, New Hampshire, Mas12 sachusetts, Rhode Island, and Connecticut. 

13 (4) MID ATLANTIC REGION.—The Mid Atlantic 

14 Coordination Region, which shall consist of the 

15 coastal waters and Exclusive Economic Zone adja16 cent to the States of New York, New Jersey, Penn17 sylvania, Delaware, Maryland, and Virginia. 

18 (5) SOUTH ATLANTIC REGION.—The South At19 lantic Coordination Region, which shall consist of 

20 the coastal waters and Exclusive Economic Zone ad21 jacent to the States of North Carolina, South Caro22 lina, Georgia, the east coast of Florida, and the 

23 Straits of Florida Planning Area. 

24 (6) ALASKA REGION.—The Alaska Coordination 

25 Region, which shall consist of the coastal waters and 


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1 Exclusive Economic Zone adjacent to the State of 

2 Alaska. 

3 (7) PACIFIC ISLANDS REGION.—The Pacific Is4 lands Coordination Region, which shall consist of the 

5 coastal waters and Exclusive Economic Zone adja6 cent to the State of Hawaii, the Commonwealth of 

7 the Northern Mariana Islands, American Samoa, 

8 and Guam. 

9 (8) CARIBBEAN REGION.—The Caribbean Co10 ordination Region, which shall consist of the coastal 

11 waters and Exclusive Economic Zone adjacent to 

12 Puerto Rico and the United States Virgin Islands. 

13 (9) GREAT LAKES REGION.—The Great Lakes 

14 Coordination Region, which shall consist of waters of 

15 the Great Lakes in the States of Illinois, Indiana, 

16 Michigan, Minnesota, New York, Ohio, Pennsyl17 vania, and Wisconsin. 

18 SEC. 503. REGIONAL COORDINATION COUNCILS. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, the Chairman of the 

21 Council on Environmental Quality, in consultation with 

22 the affected coastal States and affected Indian tribes, shall 

23 establish or designate a Regional Coordination Council for 

24 each of the Coordination Regions designated by section 

25 502(c). 


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1 (b) MEMBERSHIP.— 

2 (1) FEDERAL REPRESENTATIVES.—Not later 

3 than 90 days after the date of the enactment of this 

4 Act, the Chairman of the Council on Environmental 

5 Quality shall publish the titles of the officials of each 

6 Federal agency and department that shall partici7 pate in each Council. The Councils shall include rep8 resentatives of each Federal agency and department 

9 that has authority related to the development of 

10 ocean, coastal, or Great Lakes policies or engages in 

11 planning, management, or scientific activities that 

12 significantly affect or inform the use of ocean, coast13 al, or Great Lakes resources. The Chairman of the 

14 Council on Environmental Quality shall determine 

15 which Federal agency representative shall serve as 

16 the chairperson of each Council. 

17 (2) COASTAL STATE REPRESENTATIVES.— 

18 (A) NOTICE OF INTENT TO PARTICI19 PATE.—Not later than 3 months after the date 

20 of the enactment of this Act, the Governor of 

21 each coastal State within each Coordination Re22 gion designated by section 502(c) that intends 

23 to participate in the Regional Coordination 

24 Council for the Region shall inform the Chair25 man of the Council on Environmental Quality. 


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1 (B) APPOINTMENT OF RESPONSIBLE

2 STATE OFFICIAL.—The Governor of each coast3 al State that intends to participate in the Re4 gional Coordination Council for the Region shall 

5 appoint an officer or employee of the coastal 

6 State agency with primary responsibility for 

7 overseeing ocean and coastal policy or resource 

8 management to that Council. 

9 (3) REGIONAL FISHERY MANAGEMENT COUNCIL

10 REPRESENTATION.—The Chairman of each Regional 

11 Fishery Management Council with jurisdiction in the 

12 Coordination Region of a Regional Coordination 

13 Council and the executive director of the interstate 

14 marine fisheries commission with jurisdiction in the 

15 Coordination Region of a Regional Coordination 

16 Council shall each serve as a member of the Council. 

17 (4) REGIONAL OCEAN PARTNERSHIP REP18 RESENTATION.—A representative of any Regional 

19 Ocean Partnership that has been established for any 

20 part of the Coordination Region of a Regional Co21 ordination Council may appoint a representative to 

22 serve on the Council in addition to any Federal or 

23 State appointments. 

24 (5) TRIBAL REPRESENTATION.—An appropriate 

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1 ated in the affected Coordination Region may elect 

2 to appoint a representative of such tribes collectively 

3 to serve as a member of the Regional Coordination 

4 Council for that Region. 

5 (6) LOCAL REPRESENTATION.—The Chairman 

6 of the Council on Environmental Quality shall, in 

7 consultation with the Governors of the coastal States 

8 within each Coordination Region, identify and ap9 point representatives of county and local govern10 ments, as appropriate, to serve as members of the 

11 Regional Coordination Council for that Region. 

12 (c) ADVISORY COMMITTEE.—Each Regional Coordi13 nation Council shall establish an advisory committee made 

14 up of a balanced representation from the energy, shipping, 

15 and transportation, marine tourism, and recreation indus16 tries, from marine environmental nongovernmental organi17 zations, and from scientific and educational authorities 

18 with expertise in the conservation and management of 

19 ocean, coastal, and Great Lakes resources to advise the 

20 Council during the development of Regional Assessments 

21 and Regional Strategic Plans and in its other activities. 

22 (d) COORDINATION WITH EXISTING PROGRAMS.— 

23 Each Regional Coordination Council shall build upon and 

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1 age and protect ocean waters, coastal waters, and ocean 

2 resources. 

3 SEC. 504. REGIONAL STRATEGIC PLANS. 

4 (a) INITIAL REGIONAL ASSESSMENT.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of the enactment of this Act, each Regional 

7 Coordination Council shall prepare an initial assess8 ment of its Coordination Region that identifies defi9 ciencies in data and information necessary to in10 formed decisionmaking. Each initial assessment 

11 shall, to the extent feasible— 

12 (A) identify the Coordination Region’s re13 newable and nonrenewable resources, including 

14 current and potential energy resources; 

15 (B) identify and include a spatially and 

16 temporally explicit inventory of existing and po17 tential uses of the Coordination Region, includ18 ing fishing and fish habitat, tourism, recreation, 

19 and energy development; 

20 (C) document the health and relative envi21 ronmental sensitivity of the marine ecosystem 

22 within the Coordination Region, including a 

23 comprehensive survey and status assessment of 

24 species, habitats, and indicators of ecosystem 

25 health; 


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1 (D) identify marine habitat types and im2 portant ecological areas within the Coordination 

3 Region; 

4 (E) assess the Coordination Region’s ma5 rine economy and cultural attributes and in6 clude regionally specific ecological and socio7 economic baseline data; 

8 (F) identify and prioritize additional sci9 entific and economic data necessary to inform 

10 the development of Strategic Plans; and 

11 (G) include other information to improve 

12 decision making as determined by the Regional 

13 Coordination Council. 

14 (2) DATA.—Each initial assessment shall— 

15 (A) use the best available data; 

16 (B) collect and provide data in a spatially 

17 explicit manner wherever practicable and pro18 vide such data to the interagency comprehensive 

19 digital mapping initiative as described in section 

20 2 of Public Law 109–58 (42 U.S.C. 15801); 

21 and 

22 (C) make publicly available any such data 

23 that is not classified information. 

24 (3) PUBLIC PARTICIPATION.—Each Regional 

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1 tunity for review and input by stakeholders and the 

2 general public during the preparation of the initial 

3 assessment and any revised assessments. 

4 (b) REGIONAL STRATEGIC PLANS.— 

5 (1) REQUIREMENT.—Not later than 3 years 

6 after the completion of the initial regional assess7 ment, each Regional Coordination Council shall pre8 pare and submit to the Chairman of the Council on 

9 Environmental Quality a multiobjective, science- and 

10 ecosystem-based, spatially explicit, integrated Stra11 tegic Plan in accordance with this subsection for the 

12 Council’s Coordination Region. 

13 (2) MANAGEMENT OBJECTIVE.—The manage14 ment objective of the Strategic Plans under this sub15 section shall be to foster comprehensive, integrated, 

16 and sustainable development and use of ocean, 

17 coastal, and Great Lakes resources, while protecting 

18 marine ecosystem health and sustaining the long19 term economic and ecosystem values of the oceans. 

20 (3) CONTENTS.—Each Strategic Plan prepared 

21 by a Regional Coordination Council shall— 

22 (A) be based on the initial regional assess23 ment and updates for the Coordination Region 

24 under subsections (a) and (c), respectively; 


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1 (B) foster the sustainable and integrated 

2 development and use of ocean, coastal, and 

3 Great Lakes resources in a manner that pro4 tects the health of marine ecosystems; 

5 (C) identify areas with potential for siting 

6 and developing renewable energy resources and 

7 oil and gas projects in the Coordination Region 

8 covered by the Strategic Plan; 

9 (D) identify other current and potential 

10 uses of the ocean and coastal resources in the 

11 Coordination Region; 

12 (E) identify and recommend long-term 

13 monitoring needs for ecosystem health and so14 cioeconomic variables within the Coordination 

15 Region covered by the Strategic Plan; 

16 (F) identify existing State and Federal 

17 regulating authorities within the Coordination 

18 Region covered by the Strategic Plan; 

19 (G) identify best available technologies to 

20 minimize adverse environmental impacts and 

21 use conflicts in the development of ocean and 

22 coastal resources in the Coordination Region; 

23 (H) identify additional research, informa24 tion, and data needed to carry out the Strategic 

25 Plan; 


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1 (I) identify performance measures and 

2 benchmarks for purposes of fulfilling the re3 sponsibilities under this section to be used to 

4 evaluate the Strategic Plan’s effectiveness; 

5 (J) define responsibilities and include an 

6 analysis of the gaps in authority, coordination, 

7 and resources, including funding, that must be 

8 filled in order to fully achieve those perform9 ance measures and benchmarks; and 

10 (K) include such other information at the 

11 Chairman of the Council on Environmental 

12 Quality determines is appropriate. 

13 (4) PUBLIC PARTICIPATION.—Each Regional 

14 Coordination Council shall provide adequate oppor15 tunities for review and input by stakeholders and the 

16 general public during the development of the Stra17 tegic Plan and any Strategic Plan revisions. 

18 (c) UPDATED REGIONAL ASSESSMENTS.—Each Re19 gional Coordination Council shall update the initial re20 gional assessment prepared under subsection (a) in coordi21 nation with each Strategic Plan revision under subsection 

22 (e) to provide more detailed information regarding the re23 quired elements of the assessment and to include any rel24 evant new information that has become available in the 

25 interim. 


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1 (d) REVIEW AND APPROVAL.— 

2 (1) COMMENCEMENT OF REVIEW.—Not later 

3 than 10 days after the receipt of a Strategic Plan 

4 under this section, or any revision to such a Stra5 tegic Plan, from a Regional Coordination Council, 

6 the Chairman of the Council of Environmental Qual7 ity shall commence a review of the Strategic Plan or 

8 the revised Strategic Plan, respectively. 

9 (2) PUBLIC NOTICE AND COMMENT.—Imme10 diately after receipt of such a Strategic Plan or revi11 sion, the Chairman of the Council of Environmental 

12 Quality shall publish the Strategic Plan or revision 

13 in the Federal Register and provide an opportunity 

14 for the submission of public comment for a 90-day 

15 period beginning on the date of such publication. 

16 (3) REQUIREMENTS FOR APPROVAL.—Before 

17 approving a Strategic Plan, or any revision to a 

18 Strategic Plan, the Chairman of the Council on En19 vironmental Quality must find that the Strategic 

20 Plan or revision— 

21 (A) is consistent with the Outer Conti22 nental Shelf Lands Act; 

23 (B) complies with subsection (b); and 


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1 (C) complies with the purposes of this sub2 title as identified in section 502(a) and the ob3 jectives identified in section 502(b). 

4 (4) DEADLINE FOR COMPLETION.—Not later 

5 than 180 days after the receipt of a Strategic Plan, 

6 or a revision to a Strategic Plan, the Chairman of 

7 the Council of Environmental Quality shall approve 

8 or disapprove the Strategic Plan or revision. If the 

9 Chairman disapproves the Strategic Plan or revision, 

10 the Chairman shall transmit to the Regional Coordi11 nation Council that submitted the Strategic Plan or 

12 revision, an identification of the deficiencies and rec13 ommendations to improve it. The Council shall sub14 mit a revised Strategic Plan or revision to such plan 

15 not later than 180 days after receiving the rec16 ommendations from the Chairman. 

17 (e) PLAN REVISION.—Each Strategic Plan shall be 

18 reviewed and revised by the relevant Regional Coordina19 tion Council at least once every 5 years. Such review and 

20 revision shall be based on the most recently updated re21 gional assessment. Any proposed revisions to the Strategic 

22 Plan shall be submitted to the Chairman of the Council 

23 on Environmental Quality for review and approval pursu24 ant to this section. 


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1 SEC. 505. REGULATIONS. 

2 The Chairman of the Council on Environmental 

3 Quality may issue such regulations as the Chairman con4 siders necessary to ensure proper administration of this 

5 subtitle. 

6 SEC. 506. OCEAN RESOURCES CONSERVATION AND ASSIST7 ANCE (ORCA) FUND. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established in the 

10 Treasury of the United States a separate account to 

11 be known as the Ocean Resources Conservation and 

12 Assistance Fund, referred to in this section as the 

13 ‘‘ORCA Fund’’. 

14 (2) CREDITS.—The ORCA Fund shall be cred15 ited with amounts as specified in section 9 of the 

16 Outer Continental Shelf Lands Act (43 U.S.C. 

17 1338), as amended by section 514 of this title. 

18 (3) ALLOCATION OF THE ORCA FUND.— 

19 (A) IN GENERAL.—Of the amounts depos20 ited in the ORCA Fund each fiscal year— 

21 (i) 70 percent shall be allocated to the 

22 Secretary of Commerce, of which— 

(I) 1 23 ⁄2 shall be used to make 

24 grants to coastal States and affected 

25 Indian tribes under subsection (b); 

26 and 


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(II) 1 1 ⁄2 shall be used for the 

2 ocean, coastal, and Great Lakes 

3 grants program established by sub4 section (c); 

5 (ii) 20 percent shall be allocated to 

6 the Secretary of Commerce to carry out 

7 the purposes of subsection (e); and 

8 (iii) 10 percent shall be allocated to 

9 the Secretary of Commerce to make grants 

10 to Regional Ocean Partnerships under sub11 section (d). 

12 (B) AVAILABILITY.—Amounts allocated to 

13 the Secretary of Commerce under subparagraph 

14 (A) shall be available without further appropria15 tion. 

16 (4) PROCEDURES.—The Secretary of Commerce 

17 shall establish application, review, oversight, finan18 cial accountability, and performance accountability 

19 procedures for each grant program for which funds 

20 are allocated under this subsection. 

21 (b) GRANTS TO COASTAL STATES.— 

22 (1) GRANT AUTHORITY.—The Secretary of 

23 Commerce may use amounts allocated under sub24 section (a)(3)(A)(i)(I) to make grants to— 


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1 (A) coastal States pursuant to the formula 

2 established under section 306(c) of the Coastal 

3 Zone Management Act of 1972 (16 U.S.C. 

4 1455(c)); and 

5 (B) affected Indian tribes based on and 

6 proportional to any specific coastal and ocean 

7 management authority granted to an affected 

8 tribe pursuant to affirmation of a Federal re9 served right. 

10 (2) ELIGIBILITY.—To be eligible to receive a 

11 grant under this subsection, a coastal State or af12 fected Indian tribe must prepare and revise a 5-year 

13 plan and annual work plans that— 

14 (A) demonstrate that activities for which 

15 the coastal State or affected Indian tribe will 

16 use the funds are consistent with the eligible 

17 uses of the Fund described in subsection (f); 

18 and 

19 (B) provide mechanisms to ensure that 

20 funding is made available to government, non21 government, and academic entities to carry out 

22 eligible activities at the county and local level. 

23 (3) APPROVAL OF STATE AND AFFECTED TRIB24 AL PLANS.— 


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1 (A) IN GENERAL.—Plans required under 

2 paragraph (2) must be submitted to and ap3 proved by the Secretary of Commerce. 

4 (B) PUBLIC INPUT AND COMMENT.—In de5 termining whether to approve such plans, the 

6 Secretary of Commerce shall provide oppor7 tunity for, and take into consideration, public 

8 input and comment on the plans from stake9 holders and the general public. 

10 (4) OIL SPILL PLANNING AND RESPONSE

11 GRANTS.—For each of the fiscal years 2018–2022, 

12 the Secretary of Commerce may use funds allocated 

13 for grants under this subsection to make grants to 

14 coastal States and affected tribes under section 321 

15 of the Coastal Zone Management Act of 1972 (16 

16 U.S.C. 1451 et seq.), as amended by this Act. 

17 (5) USE OF FUNDS.—Any amounts provided as 

18 a grant under this subsection, other than as a grant 

19 under paragraph (4), may only be used for activities 

20 described in subsection (f). 

21 (c) OCEAN AND COASTAL COMPETITIVE GRANTS

22 PROGRAM.— 

23 (1) ESTABLISHMENT.—The Secretary of Com24 merce shall use amounts allocated under subsection 

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1 servation and management of ocean, coastal, and 

2 Great Lakes ecosystems and marine resources. 

3 (2) OCEAN, COASTAL, AND GREAT LAKES RE4 VIEW PANEL.— 

5 (A) IN GENERAL.—The Secretary of Com6 merce shall establish an Ocean, Coastal, and 

7 Great Lakes Review Panel (in this subsection 

8 referred to as the ‘‘Panel’’), which shall consist 

9 of 12 members appointed by the Secretary of 

10 Commerce with expertise in the conservation 

11 and management of ocean, coastal, and Great 

12 Lakes ecosystems and marine resources. In ap13 pointing members to the Council, the Secretary 

14 of Commerce shall include a balanced diversity 

15 of representatives of relevant Federal agencies, 

16 the private sector, nonprofit organizations, and 

17 academia. 

18 (B) FUNCTIONS.—The Panel shall— 

19 (i) review, in accordance with the pro20 cedures and criteria established under 

21 paragraph (3), grant applications under 

22 this subsection; 

23 (ii) make recommendations to the 

24 Secretary of Commerce regarding which 


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1 grant applications should be funded and 

2 the amount of each grant; and 

3 (iii) establish any specific require4 ments, conditions, or limitations on a grant 

5 application recommended for funding. 

6 (3) PROCEDURES AND ELIGIBILITY CRITERIA

7 FOR GRANTS.— 

8 (A) IN GENERAL.—The Secretary of Com9 merce shall establish— 

10 (i) procedures for applying for a grant 

11 under this subsection and criteria for eval12 uating applications for such grants; and 

13 (ii) criteria, in consultation with the 

14 Panel, to determine what persons are eligi15 ble for grants under the program. 

16 (B) ELIGIBLE PERSONS.—Persons eligible 

17 under the criteria under subparagraph (A)(ii) 

18 shall include Federal, State, affected tribal, and 

19 local agencies, fishery or wildlife management 

20 organizations, nonprofit organizations, and aca21 demic institutions. 

22 (4) APPROVAL OF GRANTS.—In making grants 

23 under this subsection the Secretary of Commerce 

24 shall give the highest priority to the recommenda25 tions of the Panel. If the Secretary of Commerce 


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1 disapproves a grant recommended by the Panel, the 

2 Secretary of Commerce shall explain that dis3 approval in writing. 

4 (5) USE OF GRANT FUNDS.—Any amounts pro5 vided as a grant under this subsection may only be 

6 used for activities described in subsection (f). 

7 (d) GRANTS TO REGIONAL OCEAN PARTNERSHIPS.— 

8 (1) GRANT AUTHORITY.—The Secretary of 

9 Commerce may use amounts allocated under sub10 section (a)(3)(A)(iii) to make grants to Regional 

11 Ocean Partnerships. 

12 (2) ELIGIBILITY.—In order to be eligible to re13 ceive a grant, a Regional Ocean Partnership must 

14 prepare and annually revise a plan that— 

15 (A) identifies regional science and informa16 tion needs, regional goals and priorities, and 

17 mechanisms for facilitating coordinated and col18 laborative responses to regional issues; 

19 (B) establishes a process for coordinating 

20 and collaborating with the Regional Coordina21 tion Councils established under section 503 to 

22 address regional issues and information needs 

23 and achieve regional goals and priorities; and 


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1 (C) demonstrates that activities to be car2 ried out with such funds are eligible uses of the 

3 funds identified in subsection (f). 

4 (3) APPROVAL BY SECRETARY.—Such plans 

5 must be submitted to and approved by the Secretary 

6 of Commerce. 

7 (4) PUBLIC INPUT AND COMMENT.—In deter8 mining whether to approve such plans, the Secretary 

9 of Commerce shall provide opportunity for, and take 

10 into consideration, input and comment on the plans 

11 from stakeholders and the general public. 

12 (5) USE OF FUNDS.—Any amounts provided as 

13 a grant under this subsection may only be used for 

14 activities described in subsection (f). 

15 (e) LONG-TERM OCEAN AND COASTAL OBSERVA16 TIONS.— 

17 (1) IN GENERAL.—The Secretary of Commerce 

18 shall use the amounts allocated under subsection 

19 (a)(3)(A)(ii) to build, operate, and maintain the sys20 tem established under section 12304 of Public Law 

21 111–11 (33 U.S.C. 3603), in accordance with the 

22 purposes and policies for which the system was es23 tablished. 

24 (2) ADMINISTRATION OF FUNDS.—The Sec25 retary of Commerce shall administer and distribute 


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1 funds under this subsection based upon comprehen2 sive system budgets adopted by the Council referred 

3 to in section 12304(c)(1)(A) of Public Law 111–11 

4 (33 U.S.C. 3603(c)(1)(A)). 

5 (f) ELIGIBLE USE OF FUNDS.—Any funds made 

6 available under this section may only be used for activities 

7 that contribute to the conservation, protection, mainte8 nance, and restoration of ocean, coastal, and Great Lakes 

9 ecosystems in a manner that is consistent with Federal 

10 environmental laws and that avoids environmental deg11 radation, including— 

12 (1) activities to conserve, protect, maintain, and 

13 restore coastal, marine, and Great Lakes ecosystem 

14 health; 

15 (2) activities to protect marine biodiversity and 

16 living marine and coastal resources and their habi17 tats, including fish populations; 

18 (3) the development and implementation of 

19 multiobjective, science- and ecosystem-based plans 

20 for monitoring and managing the wide variety of 

21 uses affecting ocean, coastal, and Great Lakes eco22 systems and resources that consider cumulative im23 pacts and are spatially explicit where appropriate; 

24 (4) activities to improve the resiliency of those 

25 ecosystems; 


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1 (5) activities to improve the ability of those eco2 systems to become more resilient, and to adapt to 

3 and withstand the impacts of climate change and 

4 ocean acidification; 

5 (6) planning for and managing coastal develop6 ment to minimize the loss of life and property asso7 ciated with sea level rise and the coastal hazards re8 sulting from it; 

9 (7) research, assessment, monitoring, and dis10 semination of information that contributes to the 

11 achievement of these purposes; 

12 (8) research of, protection of, enhancement to, 

13 and activities to improve the resiliency of culturally 

14 significant areas and resources; and 

15 (9) activities designed to rescue, rehabilitate, 

16 and recover injured marine mammals, marine birds, 

17 and sea turtles. 

18 SEC. 507. WAIVER. 

19 The Federal Advisory Committee Act (5 U.S.C. App.) 

20 shall not apply to the Regional Coordination Councils es21 tablished under section 503. 


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1 Subtitle B—Outer Continental 

2 Shelf Lands Act Amendments 

3 SEC. 511. NATIONAL POLICY FOR THE OUTER CONTI4 NENTAL SHELF. 

5 Section 3 of the Outer Continental Shelf Lands Act 

6 (43 U.S.C. 1332) is amended— 

7 (1) by striking paragraph (3) and inserting the 

8 following: 

9 ‘‘(3) the outer Continental Shelf is a vital na10 tional resource reserve held by the Federal Govern11 ment for the public, that should be managed in a 

12 manner that— 

13 ‘‘(A) recognizes the need of the United 

14 States for domestic sources of energy, food, 

15 minerals, and other resources; 

16 ‘‘(B) minimizes the potential impacts of 

17 development of those resources on the marine 

18 and coastal environment and on human health 

19 and safety; and 

20 ‘‘(C) acknowledges the long-term economic 

21 value to the United States of the balanced and 

22 orderly management of those resources that 

23 safeguards the environment and respects the 

24 multiple values and uses of the outer Conti25 nental Shelf;’’; 


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1 (2) in paragraph (4), by striking the period at 

2 the end and inserting a semicolon; 

3 (3) in paragraph (5), by striking ‘‘should be’’ 

4 and inserting ‘‘shall be’’, and striking ‘‘; and’’ and 

5 inserting a semicolon; 

6 (4) by redesignating paragraph (6) as para7 graph (7); 

8 (5) by inserting after paragraph (5) the fol9 lowing: 

10 ‘‘(6) exploration, development, and production 

11 of energy and minerals on the outer Continental 

12 Shelf should be allowed only when those activities 

13 can be accomplished in a manner that minimizes— 

14 ‘‘(A) harmful impacts to life (including fish 

15 and other aquatic life) and health; 

16 ‘‘(B) damage to the marine, coastal, and 

17 human environments and to property; and 

18 ‘‘(C) harm to other users of the waters, 

19 seabed, or subsoil; and’’; and 

20 (6) in paragraph (7) (as so redesignated), by— 

21 (A) striking ‘‘should be’’ and inserting 

22 ‘‘shall be’’; 

23 (B) inserting ‘‘best available’’ after 

24 ‘‘using’’; and 

25 (C) striking ‘‘or minimize’’. 


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1 SEC. 512. OCS LEASING STANDARD. 

2 Section 5 of the Outer Continental Shelf Lands Act 

3 (43 U.S.C. 1334) is amended— 

4 (1) in subsection (a), by striking ‘‘The Sec5 retary may at any time’’ and inserting ‘‘The Sec6 retary shall’’; 

7 (2) in the second sentence of subsection (a), by 

8 inserting after ‘‘provide for’’ the following: ‘‘oper9 ational safety, the protection of the marine and 

10 coastal environment, and’’; 

11 (3) in subsection (a), by inserting ‘‘and the Sec12 retary of Commerce with respect to matters that 

13 may affect the marine and coastal environment’’ 

14 after ‘‘which may affect competition’’; 

15 (4) in clause (ii) of subsection (a)(2)(A), by 

16 striking ‘‘a reasonable period of time’’ and inserting 

17 ‘‘30 days’’; and 

18 (5) in subsection (a)(7), by inserting ‘‘in a 

19 manner that minimizes harmful impacts to the ma20 rine and coastal environment’’ after ‘‘lease area’’. 

21 SEC. 513. OCS LEASING PROCEDURES. 

22 (a) FINANCIAL ASSURANCE AND FISCAL RESPONSI23 BILITY.—Section 8 of the Outer Continental Shelf Lands 

24 Act (43 U.S.C. 1337) is amended by adding at the end 

25 the following: 


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1 ‘‘(q) REVIEW OF BOND AND SURETY AMOUNTS.— 

2 Not later than May 1, 2018, and every 5 years thereafter, 

3 the Secretary shall review the minimum financial responsi4 bility requirements for leases issued under this section and 

5 shall ensure that any bonds or surety required are ade6 quate to comply with the requirements of this Act or the 

7 Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.). 

8 ‘‘(r) PERIODIC FISCAL REVIEW AND REPORT.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this subsection and every 

11 3 years thereafter, the Secretary shall carry out a 

12 review and prepare a report setting forth— 

13 ‘‘(A)(i) the royalty and rental rates in14 cluded in new offshore oil and gas leases; and 

15 ‘‘(ii) the rationale for the rates; 

16 ‘‘(B) whether, in the view of the Secretary, 

17 the royalty and rental rates described in sub18 paragraph (A) will yield a fair return to the 

19 public while promoting the production of oil and 

20 gas resources in a timely manner; 

21 ‘‘(C)(i) the minimum bond or surety 

22 amounts required pursuant to offshore oil and 

23 gas leases; and 

24 ‘‘(ii) the rationale for the minimum 

25 amounts; 


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1 ‘‘(D) whether the bond or surety amounts 

2 described in subparagraph (C) are adequate to 

3 comply with subsection (q); and 

4 ‘‘(E) whether the Secretary intends to 

5 modify the royalty or rental rates, or bond or 

6 surety amounts, based on the review. 

7 ‘‘(2) PUBLIC PARTICIPATION.—In carrying out 

8 a review and preparing a report under paragraph 

9 (1), the Secretary shall provide to the public an op10 portunity to participate. 

11 ‘‘(3) REPORT DEADLINE.—Not later than 30 

12 days after the date on which the Secretary completes 

13 a report under paragraph (1), the Secretary shall 

14 transmit copies of the report to— 

15 ‘‘(A) the Committee on Energy and Nat16 ural Resources of the Senate; and 

17 ‘‘(B) the Committee on Natural Resources 

18 of the House of Representatives. 

19 ‘‘(s) COMPARATIVE REVIEW OF FISCAL SYSTEM.— 

20 ‘‘(1) IN GENERAL.—Not later than 2 years 

21 after the date of enactment of this subsection and 

22 every 5 years thereafter, the Secretary shall carry 

23 out a comprehensive review of all components of the 

24 Federal offshore oil and gas fiscal system, including 

25 requirements for— 


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1 ‘‘(A) bonus bids; 

2 ‘‘(B) rental rates; 

3 ‘‘(C) royalties; and 

4 ‘‘(D) oil and gas taxes. 

5 ‘‘(2) REQUIREMENTS.— 

6 ‘‘(A) CONTENTS; SCOPE.—A review under 

7 paragraph (1) shall include— 

8 ‘‘(i) the information and analyses nec9 essary to compare the offshore bonus bids, 

10 rents, royalties, and taxes of the Federal 

11 Government to the offshore bonus bids, 

12 rents, royalties, and taxes of other resource 

13 owners, including States and foreign coun14 tries; and 

15 ‘‘(ii) an assessment of the overall off16 shore oil and gas fiscal system in the 

17 United States, as compared to foreign 

18 countries. 

19 ‘‘(B) ADVISORY COMMITTEE.—In carrying 

20 out a review under paragraph (1), the Secretary 

21 shall convene and seek the advice of the Royalty 

22 Policy Committee. 

23 ‘‘(3) REPORT.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall 

25 prepare a report that contains— 


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1 ‘‘(i) the contents and results of the re2 view carried out under paragraph (1) for 

3 the period covered by the report; and 

4 ‘‘(ii) any recommendations of the Sec5 retary based on the contents and results of 

6 the review. 

7 ‘‘(B) REPORT DEADLINE.—Not later than 

8 30 days after the date on which the Secretary 

9 completes a report under paragraph (1), the 

10 Secretary shall transmit copies of the report to 

11 the Committee on Natural Resources of the 

12 House of Representatives and the Committee 

13 on Energy and Natural Resources of the Sen14 ate.’’. 

15 (b) ENVIRONMENTAL DILIGENCE.—Section 8 of the 

16 Outer Continental Shelf Lands Act (43 U.S.C. 1337) is 

17 amended by striking subsection (d) and inserting the fol18 lowing: 

19 ‘‘(d) REQUIREMENT FOR CERTIFICATION OF RE20 SPONSIBLE STEWARDSHIP.— 

21 ‘‘(1) CERTIFICATION REQUIREMENT.—No bid 

22 or request for a lease, easement, or right-of-way 

23 under this section, or for a permit to drill under sec24 tion 11(d), may be submitted by any person unless 

25 the person certifies to the Secretary that the person 


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1 (including any related person and any predecessor of 

2 such person or related person) meets each of the fol3 lowing requirements: 

4 ‘‘(A) The person is meeting due diligence, 

5 safety, and environmental requirements on 

6 other leases, easements, and rights-of-way. 

7 ‘‘(B) In the case of a person that is a re8 sponsible party for a vessel or a facility from 

9 which oil is discharged, for purposes of section 

10 1002 of the Oil Pollution Act of 1990 (33 

11 U.S.C. 2702), the person has met all of its obli12 gations under that Act to provide compensation 

13 for covered removal costs and damages. 

14 ‘‘(2) ENFORCEMENT.—If the Secretary deter15 mines that a certification made under paragraph (1) 

16 is false, the Secretary shall cancel any lease, ease17 ment, or right-of-way and shall revoke any permit 

18 with respect to which the certification was required 

19 under such paragraph. 

20 ‘‘(3) DEFINITION OF RELATED PERSON.—For 

21 purposes of this subsection, the term ‘related person’ 

22 includes a parent, subsidiary, affiliate, member of 

23 the same controlled group, contractor, subcontractor, 

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1 stantially the same board members, senior officers, 

2 or investors.’’. 

3 (c) REVIEW OF IMPACTS OF LEASE SALES ON THE

4 MARINE AND COASTAL ENVIRONMENT BY SECRETARY.— 

5 Section 8 of the Outer Continental Shelf Lands Act (43 

6 U.S.C. 1337) is amended by adding at the end of sub7 section (a) the following: 

8 ‘‘(9) At least 60 days prior to any lease sale, 

9 the Secretary shall request a review by the Secretary 

10 of Commerce of the proposed sale with respect to 

11 impacts on the marine and coastal environment. The 

12 Secretary of Commerce shall complete and submit in 

13 writing the results of that review within 60 days 

14 after receipt of the Secretary of the Interior’s re15 quest.’’. 

16 (d) TERMS AND PROVISIONS.—Section 8(b) of the 

17 Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)) 

18 is amended by striking ‘‘An oil and gas lease issued pursu19 ant to this section shall’’ and inserting ‘‘An oil and gas 

20 lease may be issued pursuant to this section only if the 

21 Secretary determines that activities under the lease are 

22 not likely to result in any condition described in section 

23 5(a)(2)(A)(i), and shall’’. 


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1 SEC. 514. FUNDING. 

2 Section 9 of the Outer Continental Shelf Lands Act 

3 (43 U.S.C. 1338) is amended to read as follows: 

4 ‘‘SEC. 9. DISPOSITION OF REVENUES. 

5 ‘‘(a) GENERAL.—Except as provided in subsections 

6 (b), (c), and (d), all rentals, royalties, and other sums paid 

7 to the Secretary or the Secretary of the Navy under any 

8 lease on the outer Continental Shelf for the period from 

9 June 5, 1950, to date, and thereafter shall be deposited 

10 in the Treasury of the United States and credited to mis11 cellaneous receipts. 

12 ‘‘(b) LAND AND WATER CONSERVATION FUND.—Ef13 fective for fiscal year 2018 and each fiscal year thereafter, 

14 $900,000,000 of the amounts referred to in subsection (a) 

15 shall be deposited in the Treasury of the United States 

16 and credited to the Land and Water Conservation Fund. 

17 These sums shall be available to the Secretary, without 

18 further appropriation or fiscal year limitation, for carrying 

19 out the purposes of chapter 2003 of title 54, United States 

20 Code. 

21 ‘‘(c) HISTORIC PRESERVATION FUND.—Effective for 

22 fiscal year 2018 and each fiscal year thereafter, 

23 $150,000,000 of the amounts referred to in subsection (a) 

24 shall be deposited in the Treasury of the United States 

25 and credited to the Historic Preservation Fund. These 

26 sums shall be available to the Secretary, without further 


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1 appropriation or fiscal year limitation, for carrying out the 

2 purposes of chapters 3021 through 3039 of title 54, 

3 United States Code. 

4 ‘‘(d) OCEAN RESOURCES CONSERVATION AND AS5 SISTANCE FUND.—Effective for each fiscal year 2018 and 

6 thereafter, 10 percent of the amounts referred to in sub7 section (a) shall be deposited in the Treasury of the 

8 United States and credited to the Ocean Resources Con9 servation and Assistance Fund established by section 506 

10 of the Sustainable Energy Development Reform Act. 

11 These sums shall be available to the Secretary, without 

12 further appropriation or fiscal year limitation, for carrying 

13 out the purposes of such section. 

14 ‘‘(e) SAVINGS PROVISION.—Nothing in this section 

15 shall decrease the amount any State shall receive pursuant 

16 to section 8(g) of this Act or section 105 of the Gulf of 

17 Mexico Energy Security Act (43 U.S.C. 1331 note).’’. 

18 SEC. 515. EXPLORATION PLANS. 

19 (a) LIMITATION ON HARM FROM AGENCY EXPLO20 RATION.—Section 11(a)(1) of the Outer Continental Shelf 

21 Lands Act (43 U.S.C. 1340(a)(1)) is amended by striking 

22 ‘‘unduly harmful to’’ and inserting ‘‘likely to harm’’. 

23 (b) EXPLORATION PLAN REVIEW.—Section 11(c)(1) 

24 of the Outer Continental Shelf Lands Act (43 U.S.C. 

25 1340(c)(1)), is amended— 


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1 (1) by inserting ‘‘(A)’’ before the first sentence; 

2 (2) in paragraph (1)(A), as designated by the 

3 amendment made by paragraph (1) of this sub4 section— 

5 (A) by striking ‘‘and the provisions of such 

6 lease’’ and inserting ‘‘the provisions of such 

7 lease, and other applicable environmental and 

8 natural resource conservation laws’’; and 

9 (B) by striking the fourth sentence and in10 serting the following: 

11 ‘‘(B) The Secretary shall approve such 

12 plan, as submitted or modified, within 90 days 

13 after its submission and it is made publicly ac14 cessible by the Secretary, or within such addi15 tional time as the Secretary determines is nec16 essary to complete any environmental, safety, or 

17 other reviews, if the Secretary determines 

18 that— 

19 ‘‘(i) any proposed activity under such 

20 plan is not likely to result in any condition 

21 described in section 5(a)(2)(A)(i); 

22 ‘‘(ii) the plan complies with other ap23 plicable environmental or natural resource 

24 conservation laws; and 


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1 ‘‘(iii) the applicant has demonstrated 

2 the capability and technology to respond 

3 immediately and effectively to a worst-case 

4 oil spill in real-world conditions in the area 

5 of the proposed activity.’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(5) If the Secretary requires greater than 90 

8 days to review an exploration plan submitted pursu9 ant to any oil and gas lease issued or maintained 

10 under this Act, then the Secretary may provide for 

11 a suspension of that lease pursuant to section 5 

12 until the review of the exploration plan is com13 pleted.’’. 

14 (c) REQUIREMENTS.—Section 11(c) of the Outer 

15 Continental Shelf Lands Act (43 U.S.C. 1340(c)) is 

16 amended by amending paragraph (3) to read as follows: 

17 ‘‘(3) An exploration plan submitted under this 

18 subsection shall include, in the degree of detail that 

19 the Secretary may by regulation require— 

20 ‘‘(A) a schedule of anticipated exploration 

21 activities to be undertaken; 

22 ‘‘(B) a detailed and accurate description of 

23 equipment to be used for such activities, includ24 ing— 

25 ‘‘(i) a description of each drilling unit; 


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1 ‘‘(ii) a statement of the design and 

2 condition of major safety-related pieces of 

3 equipment, including independent third4 party certification of such equipment; and 

5 ‘‘(iii) a description of any new tech6 nology to be used; 

7 ‘‘(C) a map showing the location of each 

8 well to be drilled; 

9 ‘‘(D) a scenario for the potential blowout 

10 of the well involving the highest potential vol11 ume of liquid hydrocarbons, along with a com12 plete description of a response plan to both con13 trol the blowout and manage the accompanying 

14 discharge of hydrocarbons, including the likeli15 hood for surface intervention to stop the blow16 out, the availability of a rig to drill a relief well, 

17 an estimate of the time it would take to drill a 

18 relief well, a description of other technology 

19 that may be used to regain control of the well 

20 or capture escaping hydrocarbons and the po21 tential timeline for using that technology for its 

22 intended purpose, and the strategy, organiza23 tion, and resources necessary to avoid harm to 

24 the environment and human health from hydro25 carbons; 


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1 ‘‘(E) an analysis of the potential impacts 

2 of the worst-case-scenario discharge of hydro3 carbons on the marine, coastal, and human en4 vironments for activities conducted pursuant to 

5 the proposed exploration plan; and 

6 ‘‘(F) such other information deemed perti7 nent by the Secretary.’’. 

8 (d) DRILLING PERMITS.—Section 11(d) of the Outer 

9 Continental Shelf Lands Act (43 U.S.C. 1340(d)) is 

10 amended to read as follows: 

11 ‘‘(d) DRILLING PERMITS.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall, by 

13 regulation, require that any lessee operating under 

14 an approved exploration plan obtain a permit prior 

15 to drilling any well in accordance with such plan, 

16 and prior to any significant modification of the well 

17 design as originally approved by the Secretary. 

18 ‘‘(2) ENGINEERING REVIEW REQUIRED.—The 

19 Secretary may not grant any drilling permit or 

20 modification of the permit prior to completion of a 

21 full engineering review of the well system, including 

22 a determination that critical safety systems, includ23 ing blowout prevention, will utilize best available 

24 technology and that blowout prevention systems will 

25 include redundancy and remote triggering capability. 


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1 ‘‘(3) OPERATOR SAFETY AND ENVIRONMENTAL

2 MANAGEMENT REQUIRED.—The Secretary shall not 

3 grant any drilling permit or modification of the per4 mit prior to completion of a safety and environ5 mental management plan to be utilized by the oper6 ator during all well operations.’’. 

7 (e) EXPLORATION PERMIT REQUIREMENTS.—Sec8 tion 11(g) of the Outer Continental Shelf Lands Act (43 

9 U.S.C. 1340(g)) is amended— 

10 (1) by striking ‘‘shall be issued’’ and inserting 

11 ‘‘may be issued’’; 

12 (2) by inserting ‘‘and after consultation with 

13 the Secretary of Commerce,’’ after ‘‘in accordance 

14 with regulations issued by the Secretary’’; 

15 (3) by striking the ‘‘and’’ at the end of para16 graph (2); 

17 (4) in paragraph (3), by striking ‘‘will not be 

18 unduly harmful to’’ and inserting ‘‘is not likely to 

19 harm’’; 

20 (5) by striking the period at the end of para21 graph (3) and inserting a semicolon; and 

22 (6) by adding at the end the following: 

23 ‘‘(4) the exploration will be conducted in ac24 cordance with other applicable environmental and 

25 natural resource conservation laws; 


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1 ‘‘(5) in the case of geophysical surveys, the ap2 plicant shall use the best available technologies and 

3 methods to minimize impacts on marine life; and 

4 ‘‘(6) in the case of drilling operations, the appli5 cant has available oil spill response and clean-up 

6 equipment and technology that has been dem7 onstrated to be capable of effectively remediating a 

8 worst-case release of oil.’’. 

9 (f) ENVIRONMENTAL REVIEW OF PLANS.—Section 

10 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 

11 1340) is amended by adding at the end the following: 

12 ‘‘(i) ENVIRONMENTAL REVIEW OF PLANS.—The Sec13 retary shall treat the approval of an exploration plan, or 

14 a significant revision of such a plan, as an agency action 

15 requiring preparation of an environmental assessment or 

16 environmental impact statement in accordance with the 

17 National Environmental Policy Act of 1969 (42 U.S.C. 

18 4321 et seq.) and shall require that such plan be based 

19 on the best available technology to ensure safety in car20 rying out both the drilling of the well and any oil spill 

21 response. 

22 ‘‘(j) DISAPPROVAL OF PLAN.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall dis24 approve an exploration plan if the Secretary deter25 mines, because of exceptional geological conditions in 


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1 the lease areas, exceptional resource values in the 

2 marine or coastal environment, or other exceptional 

3 circumstances, that— 

4 ‘‘(A) implementation of the plan would 

5 probably cause serious harm or damage to life 

6 (including fish and other aquatic life), to prop7 erty, to any mineral deposits (in areas leased or 

8 not leased), to the national security or defense, 

9 or to the marine, coastal, or human environ10 ments; 

11 ‘‘(B) the threat of harm or damage will 

12 not disappear or decrease to an acceptable ex13 tent within a reasonable period of time; and 

14 ‘‘(C) the advantages of disapproving the 

15 plan outweigh the advantages of exploration. 

16 ‘‘(2) CANCELLATION OF LEASE FOR DIS17 APPROVAL OF PLAN.—If a plan is disapproved under 

18 this subsection, the Secretary may cancel such lease 

19 in accordance with subsection (c)(1) of this sec20 tion.’’. 

21 SEC. 516. 5-YEAR PROGRAMS. 

22 Section 18 of the Outer Continental Shelf Lands Act 

23 (43 U.S.C. 1344) is amended— 

24 (1) in subsection (a) in the second sentence by 

25 striking ‘‘meet national energy needs’’ and inserting 


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1 ‘‘balance national energy needs and the protection of 

2 the marine and coastal environment and all the re3 sources in that environment,’’; 

4 (2) in subsection (a)(1), by striking ‘‘considers’’ 

5 and inserting ‘‘gives equal consideration to’’; 

6 (3) in subsection (a)(2)(A)— 

7 (A) by striking ‘‘existing’’ and inserting 

8 ‘‘the best available scientific’’; and 

9 (B) by inserting ‘‘, including at least three 

10 consecutive years of data’’ after ‘‘information’’; 

11 (4) in subsection (a)(2)(D), by inserting ‘‘, po12 tential and existing sites of renewable energy instal13 lations’’ after ‘‘deepwater ports,’’; 

14 (5) in subsection (a)(2)(H), by inserting ‘‘in15 cluding the availability of infrastructure to support 

16 oil spill response’’ before the period; 

17 (6) in subsection (a)(3), by— 

18 (A) striking ‘‘to the maximum extent prac19 ticable,’’; 

20 (B) striking ‘‘obtain a proper balance be21 tween’’ and inserting ‘‘minimize’’; and 

22 (C) striking ‘‘damage,’’ and all that follows 

23 through the period and inserting ‘‘damage and 

24 adverse impacts on the marine, coastal, and 


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1 human environments, and enhancing the poten2 tial for the discovery of oil and gas.’’; 

3 (7) in subsection (b)(1), by inserting ‘‘environ4 mental, marine, and energy’’ after ‘‘obtain’’; 

5 (8) in subsection (b)(2), by inserting ‘‘environ6 mental, marine, and’’ after ‘‘interpret the’’; 

7 (9) in subsection (b)(3), by striking ‘‘and’’ after 

8 the semicolon at the end; 

9 (10) by striking the period at the end of sub10 section (b)(4) and inserting a semicolon; 

11 (11) by adding at the end of subsection (b) the 

12 following: 

13 ‘‘(5) provide technical review and oversight of 

14 exploration plans and a systems review of the safety 

15 of well designs and other operational decisions; 

16 ‘‘(6) conduct regular and thorough safety re17 views and inspections; and 

18 ‘‘(7) enforce all applicable laws and regula19 tions.’’; 

20 (12) in the first sentence of subsection (c)(1), 

21 by inserting ‘‘the National Oceanic and Atmospheric 

22 Administration and’’ after ‘‘including’’; 

23 (13) in subsection (c)(2)— 

24 (A) by inserting after the first sentence the 

25 following: ‘‘The Secretary shall also submit a 


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1 copy of such proposed program to the head of 

2 each Federal agency referred to in, or that oth3 erwise provided suggestions under, paragraph 

4 (1).’’; 

5 (B) in the third sentence, by inserting ‘‘or 

6 head of a Federal agency’’ after ‘‘such Gov7 ernor’’; and 

8 (C) in the fourth sentence, by inserting ‘‘or 

9 between the Secretary and the head of a Fed10 eral agency,’’ after ‘‘affected State,’’; 

11 (14) in the second sentence of subsection 

12 (d)(2), by inserting ‘‘, the head of a Federal agen13 cy,’’ after ‘‘Attorney General’’; 

14 (15) in subsection (g), by inserting after the 

15 first sentence the following: ‘‘Such information may 

16 include existing inventories and mapping of marine 

17 resources previously undertaken by the Department 

18 of the Interior and the National Oceanic and Atmos19 pheric Administration, information provided by the 

20 Department of Defense, and other available data re21 garding energy or mineral resource potential, navi22 gation uses, fisheries, aquaculture uses, recreational 

23 uses, habitat, conservation, and military uses on the 

24 outer Continental Shelf.’’; and 

25 (16) by adding at the end the following: 


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1 ‘‘(i) RESEARCH AND DEVELOPMENT.—The Secretary 

2 shall carry out a program of research and development 

3 to ensure the continued improvement of methodologies for 

4 characterizing resources of the outer Continental Shelf 

5 and conditions that may affect the ability to develop and 

6 use those resources in a safe, sound, and environmentally 

7 responsible manner. Such research and development ac8 tivities may include activities to provide accurate estimates 

9 of energy and mineral reserves and potential on the Outer 

10 Continental Shelf and any activities that may assist in fill11 ing gaps in environmental data needed to develop each 

12 leasing program under this section.’’. 

13 SEC. 517. ENVIRONMENTAL STUDIES. 

14 (a) INFORMATION NEEDED FOR ASSESSMENT AND

15 MANAGEMENT OF ENVIRONMENTAL IMPACTS.—Section 

16 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 

17 1346) is amended by striking so much as precedes sub18 section (a)(2) and inserting the following: 

19 ‘‘SEC. 20. ENVIRONMENTAL STUDIES. 

20 ‘‘(a)(1) The Secretary, in cooperation with the Sec21 retary of Commerce, shall conduct a study no less than 

22 once every three years of any area or region included in 

23 any oil and gas lease sale or other lease in order to estab24 lish information needed for assessment and management 

25 of environmental impacts on the human, marine, and 


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1 coastal environments of the outer Continental Shelf and 

2 the coastal areas which may be affected by oil and gas 

3 or other mineral development in such area or region.’’. 

4 (b) IMPACTS OF DEEP WATER SPILLS.—Section 20 

5 of the Outer Continental Shelf Lands Act (43 U.S.C. 

6 1346) is amended by— 

7 (1) redesignating subsections (c) through (f) as 

8 (d) through (g); and 

9 (2) inserting after subsection (b) the following: 

10 ‘‘(c) The Secretary shall conduct research to identify 

11 and reduce data gaps related to impacts of deepwater hy12 drocarbon spills, including— 

13 ‘‘(1) effects to benthic substrate communities 

14 and species; 

15 ‘‘(2) water column habitats and species; 

16 ‘‘(3) surface and coastal impacts from spills 

17 originating in deep waters; and 

18 ‘‘(4) the use of dispersants.’’. 

19 SEC. 518. INSPECTIONS AND CERTIFICATIONS. 

20 Section 22 of the Outer Continental Shelf Lands Act 

21 (43 U.S.C. 1348) is amended— 

22 (1) by amending subsection (c) to read as fol23 lows: 

24 ‘‘(c) INSPECTIONS.—The Secretary and the Secretary 

25 of the department in which the Coast Guard is operating 


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1 shall individually, or jointly if they so agree, promulgate 

2 regulations to provide for— 

3 ‘‘(1) scheduled onsite inspection, at least once a 

4 year, of each facility on the outer Continental Shelf 

5 which is subject to any environmental or safety regu6 lation promulgated pursuant to this Act, which in7 spection shall include all safety equipment designed 

8 to prevent or ameliorate blowouts, fires, spillages, or 

9 other major accidents; 

10 ‘‘(2) scheduled onsite inspection, at least once a 

11 month, of each facility on the outer Continental 

12 Shelf engaged in drilling operations and which is 

13 subject to any environmental or safety regulation 

14 promulgated pursuant to this Act, which inspection 

15 shall include all safety equipment designed to pre16 vent or ameliorate blowouts, fires, spillages, or other 

17 major accidents; 

18 ‘‘(3) periodic onsite inspection without advance 

19 notice to the operator of such facility to assure com20 pliance with such environmental or safety regula21 tions; and 

22 ‘‘(4) periodic audits of each required safety and 

23 environmental management plan, and any associated 

24 safety case, both with respect to their implementa25 tion at each facility on the outer Continental Shelf 


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1 for which such a plan or safety case is required and 

2 with respect to onshore management support for ac3 tivities at such a facility.’’; 

4 (2) in subsection (d)(1)— 

5 (A) by striking ‘‘each major fire and each 

6 major oil spillage’’ and inserting ‘‘each major 

7 fire, each major oil spillage, each loss of well 

8 control, and any other accident that presented 

9 a serious risk to human or environmental safe10 ty’’; and 

11 (B) by inserting before the period at the 

12 end the following: ‘‘, as a condition of the lease 

13 or permit’’; 

14 (3) in subsection (d)(2), by inserting before the 

15 period at the end the following: ‘‘as a condition of 

16 the lease or permit’’; 

17 (4) in subsection (e), by adding at the end the 

18 following: ‘‘Any such allegation from any employee 

19 of the lessee or any subcontractor of the lessee shall 

20 be investigated by the Secretary.’’; 

21 (5) in subsection (b)(1), by striking ‘‘recog22 nized’’ and inserting ‘‘uncontrolled’’; and 

23 (6) by adding at the end the following: 

24 ‘‘(g) INFORMATION ON CAUSES AND CORRECTIVE

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1 tion, the Secretary shall promptly make available to all 

2 lessees and the public technical information about the 

3 causes and corrective actions taken. All data and reports 

4 related to any such incident shall be maintained in a data 

5 base available to the public. 

6 ‘‘(h) OPERATOR’S ANNUAL CERTIFICATION.— 

7 ‘‘(1) The Secretary, in cooperation with the 

8 Secretary of the department in which the Coast 

9 Guard is operating, shall require all operators of all 

10 new and existing drilling and production operations 

11 to annually certify that their operations are being 

12 conducted in accordance with applicable law and reg13 ulations. 

14 ‘‘(2) Each certification shall include, but, not be 

15 limited to, statements that verify the operator has— 

16 ‘‘(A) examined all well control system 

17 equipment (both surface and subsea) being used 

18 to ensure that it has been properly maintained 

19 and is capable of shutting in the well during 

20 emergency operations; 

21 ‘‘(B) examined and conducted tests to en22 sure that the emergency equipment has been 

23 function-tested and is capable of addressing 

24 emergency situations; 


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1 ‘‘(C) reviewed all rig drilling, casing, ce2 menting, well abandonment (temporary and 

3 permanent), completion, and workover practices 

4 to ensure that well control is not compromised 

5 at any point while emergency equipment is in6 stalled on the wellhead; 

7 ‘‘(D) reviewed all emergency shutdown and 

8 dynamic positioning procedures that interface 

9 with emergency well control operations; and 

10 ‘‘(E) taken the necessary steps to ensure 

11 that all personnel involved in well operations 

12 are properly trained and capable of performing 

13 their tasks under both normal drilling and 

14 emergency well control operations. 

15 ‘‘(i) CEO ANNUAL CERTIFICATION.—Operators of all 

16 drilling and production operations shall annually submit 

17 to the Secretary a general statement by the operator’s 

18 chief executive officer that certifies to the operators’ com19 pliance with all applicable laws and operating regulations. 

20 ‘‘(j) THIRD-PARTY CERTIFICATION.—All operators 

21 that modify or upgrade any emergency equipment placed 

22 on any operation to prevent blow-outs or other well control 

23 events, shall have an independent third party conduct a 

24 detailed physical inspection and design review of such 

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1 pendent third party shall certify that the equipment will 

2 operate as originally designed and any modifications or 

3 upgrades conducted after delivery have not compromised 

4 the design, performance or functionality of the equipment. 

5 Failure to comply with this subsection shall result in sus6 pension of the lease.’’. 

7 SEC. 519. PETITIONS. 

8 Section 23(c)(3) of the Outer Continental Shelf 

9 Lands Act (43 U.S.C. 1349(c)(3)) is amended by striking 

10 ‘‘sixty’’ and inserting ‘‘90’’. 

11 Subtitle C—Other Provisions 

12 SEC. 521. CONTRACTOR LIABILITY. 

13 Section 24 of the Outer Continental Shelf Lands Act 

14 (43 U.S.C. 1350) is amended by adding at the end the 

15 following: 

16 ‘‘(f) LIABILITY OF CONTRACTORS.—A person who 

17 enters into a contract with a lessee under this Act to pro18 vide goods or services to be used in activities under a lease 

19 under this Act shall be held jointly liable with the lessee 

20 for any damages resulting from a violation of this Act 

21 committed by such person in their performance under the 

22 contract.’’. 

23 SEC. 522. AREA-WIDE LEASING. 

24 The Secretary of the Interior shall seek to enter into 

25 an arrangement with the National Academy of Sciences 


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1 to conduct a study to estimate the financial impact of the 

2 Secretary ceasing to offer oil and gas lease sales for the 

3 outer Continental Shelf under the area-wide system and 

4 returning to offering such lease sales under the tract-nom5 ination system. 

6 SEC. 523. FRONTIER AREAS. 

7 Section 8 of the Outer Continental Shelf Lands Act 

8 (43 U.S.C. 1337) is amended by adding at the end the 

9 following: 

10 ‘‘(q) PROHIBITION OF OIL AND GAS LEASING IN

11 ARCTIC PLANNING AREA OF THE OUTER CONTINENTAL

12 SHELF.—Notwithstanding any other provision of this Act 

13 or any other law, the Secretary of the Interior shall not 

14 issue or renew a lease or any other authorization for the 

15 exploration, development, or production of oil, natural gas, 

16 or any other mineral in the Arctic Ocean, including the 

17 Beaufort Sea and Chukchi Sea Planning Areas.’’. 

18 SEC. 524. STRENGTHENING COASTAL STATE OIL SPILL 

19 PLANNING AND RESPONSE. 

20 The Coastal Zone Management Act of 1972 (16 

21 U.S.C. 1451 et seq.) is amended by adding at the end 

22 the following: 


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1 ‘‘SEC. 321. STRENGTHENING COASTAL STATE OIL SPILL 

2 PLANNING AND RESPONSE. 

3 ‘‘(a) GRANTS TO STATES.—The Secretary may make 

4 grants to eligible coastal states— 

5 ‘‘(1) to revise management programs approved 

6 under section 306 (16 U.S.C. 1455) to identify and 

7 implement new enforceable policies and procedures 

8 to ensure sufficient response capabilities at the state 

9 level to address the environmental, economic, and so10 cial impacts of oil spills or other accidents resulting 

11 from outer Continental Shelf energy activities with 

12 the potential to affect any land or water use or nat13 ural resource of the coastal zone; 

14 ‘‘(2) to review and revise, where necessary, ap15 plicable enforceable policies and procedures of ap16 proved state management programs affecting coastal 

17 energy activities to ensure that such policies are con18 sistent with— 

19 ‘‘(A) other emergency response plans and 

20 policies developed under Federal or State law; 

21 and 

22 ‘‘(B) new policies and procedures developed 

23 under paragraph (1); and 

24 ‘‘(3) after a State has adopted new or revised 

25 enforceable policies and procedures under para26 graphs (1) and (2)— 


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1 ‘‘(A) the State shall submit the policies 

2 and procedures to the Secretary; and 

3 ‘‘(B) the Secretary shall notify the State 

4 whether the Secretary approves or disapproves 

5 the incorporation of the policies and procedures 

6 into the State’s management program pursuant 

7 to section 306(e). 

8 ‘‘(b) ELEMENTS.—New enforceable policies and pro9 cedures developed by coastal states with grants awarded 

10 under this section shall consider— 

11 ‘‘(1) other existing emergency response plans, 

12 procedures and enforceable policies developed under 

13 other Federal or State law that affect the coastal 

14 zone; 

15 ‘‘(2) identification of critical infrastructure es16 sential to facilitate spill or accident response activi17 ties; 

18 ‘‘(3) identification of coordination, logistics, and 

19 communication networks between Federal and State 

20 government agencies and between State agencies 

21 and affected local communities to ensure the effi22 cient and timely dissemination of data and other in23 formation; 

24 ‘‘(4) inventories of shore locations and infra25 structure and equipment necessary to respond to oil 


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1 spills or other accidents resulting from outer Conti2 nental Shelf energy activities; 

3 ‘‘(5) identification and characterization of sig4 nificant or sensitive marine ecosystems or other 

5 areas possessing important conservation, rec6 reational, ecological, historic, or aesthetic values; 

7 ‘‘(6) inventories and surveys of shore locations 

8 and infrastructure capable of supporting alternative 

9 energy development; and 

10 ‘‘(7) other information or actions as may be 

11 necessary or as determined by the Secretary. 

12 ‘‘(c) GUIDELINES.—The Secretary shall, within 180 

13 days after the date of the enactment of this section and 

14 after consultation with the coastal states, publish guide15 lines for the application for and use of grants under this 

16 section. 

17 ‘‘(d) PARTICIPATION.—A coastal state shall provide 

18 opportunity for public participation in developing new en19 forceable policies and procedures under this section pursu20 ant to sections 306(d)(1) and 306(e), especially by rel21 evant Federal agencies, other coastal state agencies, local 

22 governments, regional organizations, port authorities, and 

23 other interested parties and stakeholders, public and pri24 vate, that are related to, or affected by, outer Continental 

25 Shelf energy activities. 


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1 ‘‘(e) ANNUAL GRANTS.— 

2 ‘‘(1) IN GENERAL.—For each of fiscal years 

3 2018 through 2022, the Secretary may make a 

4 grant to a coastal state to develop new enforceable 

5 polices and procedures as required under this sec6 tion. 

7 ‘‘(2) GRANT AMOUNTS.—The amount of any 

8 grant to any one coastal State under this section 

9 shall not exceed $750,000 for any fiscal year. 

10 ‘‘(3) GRANT LIMITATIONS.—A coastal state— 

11 ‘‘(A) may not receive more than two grants 

12 under this section; and 

13 ‘‘(B) may not receive more than one grant 

14 under this section in a fiscal year. 

15 ‘‘(4) NO STATE MATCHING CONTRIBUTION RE16 QUIRED.—Because it is in the national interest to be 

17 able to respond efficiently and effectively at all levels 

18 of government to oil spills and other accidents re19 sulting from outer Continental Shelf energy activi20 ties, a coastal state shall not be required to con21 tribute any portion of the cost of a grant awarded 

22 under this section. 

23 ‘‘(5) SECRETARIAL REVIEW AND LIMIT ON

24 AWARDS.—After an initial grant is made to a coastal 

25 state under this section, no subsequent grant may be 


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1 made to that coastal state under this section unless 

2 the Secretary finds that the coastal state is satisfac3 torily developing revisions to address offshore energy 

4 impacts. 

5 ‘‘(f) APPLICABILITY.—This section shall not be con6 strued to convey any new authority to any coastal state 

7 or to repeal or supersede any existing authority of any 

8 coastal state to regulate the siting, licensing, leasing, or 

9 permitting of energy facilities in areas of the outer Conti10 nental Shelf under the administration of the Federal Gov11 ernment. Nothing in this section repeals or supersedes any 

12 existing coastal state authority. 

13 ‘‘(g) ASSISTANCE BY THE SECRETARY.—The Sec14 retary, to the extent practicable, shall provide technical as15 sistance to the coastal states under section 310(a) for the 

16 purpose of revising approved management programs to 

17 meet the requirements under this section.’’. 

18 SEC. 525. REPEAL OF LIMITATION ON LIABILITY FOR OFF19 SHORE FACILITIES. 

20 (a) REPEAL.—Section 1004(a) of the Oil Pollution 

21 Act of 1990 (33 U.S.C. 2704(a)) is amended— 

22 (1) in paragraph (2), by striking the semicolon 

23 and inserting ‘‘; and’’; 

24 (2) by striking paragraph (3); and 


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1 (3) by redesignating paragraph (4) as para2 graph (3). 

3 (b) CONFORMING AMENDMENT.—Section 1004(b)(2) 

4 of the Oil Pollution Act of 1990 (33 U.S.C. 2704(b)(2)) 

5 is amended by striking the second sentence. 

6 SEC. 526. EVIDENCE OF FINANCIAL RESPONSIBILITY FOR 

7 OFFSHORE FACILITIES. 

8 Section 1016 of the Oil Pollution Act of 1990 (33 

9 U.S.C. 2716) is amended— 

10 (1) in subsection (c)(1)— 

11 (A) in subparagraph (B), by striking ‘‘sub12 paragraph (A) is’’ and all that follows through 

13 the period at the end and inserting ‘‘subpara14 graph (A) is $300,000,000.’’; and 

15 (B) by striking subparagraph (C) and in16 serting the following: 

17 ‘‘(C) ALTERNATE AMOUNT.— 

18 ‘‘(i) SPECIFIC FACILITIES.— 

19 ‘‘(I) IN GENERAL.—If the Presi20 dent determines that an amount of fi21 nancial responsibility for a responsible 

22 party that is less than the amount re23 quired by subparagraph (B) is justi24 fied based on the criteria established 

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1 nancial responsibility required shall be 

2 for an amount prescribed under such 

3 clause by the President. 

4 ‘‘(II) MINIMUM AMOUNTS.—In 

5 no case shall the evidence of financial 

6 responsibility required under this sec7 tion be less than— 

8 ‘‘(aa) $105,000,000 for an 

9 offshore facility located seaward 

10 of the seaward boundary of a 

11 State; or 

12 ‘‘(bb) $30,000,000 for an 

13 offshore facility located landward 

14 of the seaward boundary of a 

15 State. 

16 ‘‘(ii) CRITERIA FOR DETERMINATION

17 OF FINANCIAL RESPONSIBILITY.—The 

18 President shall prescribe the amount of fi19 nancial responsibility required under clause 

20 (i)(I) based on the following: 

21 ‘‘(I) The market capacity of the 

22 insurance industry to issue such in23 struments. 

24 ‘‘(II) The operational risk of a 

25 discharge and the likely effects of that 


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1 discharge on the environment and the 

2 region. 

3 ‘‘(III) The quantity and location 

4 of the oil and gas that is explored for, 

5 drilled for, produced by, or trans6 ported by the responsible party. 

7 ‘‘(IV) The asset value of the 

8 owner of the offshore facility, includ9 ing the combined asset value of all 

10 partners that own the facility. 

11 ‘‘(V) The cost of all removal 

12 costs and damages for which the re13 sponsible party may be liable under 

14 this Act based on a worst-case-sce15 nario. 

16 ‘‘(VI) The safety history of the 

17 owner of the offshore facility. 

18 ‘‘(VII) Any other factors that the 

19 President considers appropriate. 

20 ‘‘(iii) ADJUSTMENT FOR ALL OFF21 SHORE FACILITIES.— 

22 ‘‘(I) IN GENERAL.—Not later 

23 than 3 years after the date of enact24 ment of the Sustainable Energy De25 velopment Reform Act, and at least 


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1 once every 3 years thereafter, the 

2 President shall review the levels of fi3 nancial responsibility specified in this 

4 subsection and the limit on liability 

5 specified in subsection (f)(4) and may 

6 by regulation revise such levels and 

7 limit upward to the levels and limit 

8 that the President determines are jus9 tified. 

10 ‘‘(II) NOTICE TO CONGRESS.— 

11 Upon completion of a review specified 

12 in subclause (I), the President shall 

13 notify Congress as to whether the 

14 President will revise the levels of fi15 nancial responsibility and limit on li16 ability referred to in subclause (I) and 

17 the factors used in making such deter18 mination. 

19 ‘‘(III) SPECIFIC ADJUST20 MENTS.—Not less frequently than 

21 every 3 years, the President shall re22 view the amount of financial responsi23 bility required of a responsible party 

24 under this subsection and revise that 

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1 section, as necessary based on the rel2 ative operational, environmental, and 

3 other risks posed by the quantity, 

4 quality, or location of oil that is ex5 plored for, drilled for, produced by, or 

6 transported by the responsible party 

7 at the time of the review.’’; 

8 (2) in subsection (e) by striking ‘‘self-insurer,’’ 

9 and inserting ‘‘self-insurer, participation in coopera10 tive arrangements such as pooling or joint insur11 ance,’’; and 

12 (3) in subsection (f)— 

13 (A) in paragraph (1) by striking ‘‘Subject’’ 

14 and inserting ‘‘Except as provided in paragraph 

15 (4) and subject’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(4) MAXIMUM LIABILITY.—The maximum li18 ability of a guarantor of an offshore facility under 

19 this subsection is $300,000,000.’’. 

20 TITLE VI—COAL REFORMS 

21 SEC. 601. POWDER RIVER BASIN. 

22 (a) DESIGNATION.—The Secretary of the Interior 

23 shall designate the Powder River Coal Production Region, 

24 as such region is described in ‘‘Identification of Coal Pro25 duction Regions Having Major Federal Coal Interests’’ 


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1 (44 Fed. Reg. 219 (November 9, 1979)), as a coal produc2 tion region under section 3400.5 of title 43, Code of Fed3 eral Regulations (or any successor regulation). 

4 (b) LEASE REQUIREMENT.—The Secretary shall 

5 offer lease sales for the Powder River Coal Production Re6 gion, as designated by subsection (a), in a manner that 

7 maximizes competition. 

8 SEC. 602. DEDUCTIONS. 

9 Section 7 of the Mineral Leasing Act (30 U.S.C. 207) 

10 is amended by adding at the end the following: 

11 ‘‘(d) ROYALTY PAYMENT REDUCTION.—The Sec12 retary may not determine a lesser amount of royalty than 

13 the amount in subsection (a) for washed coal.’’. 

14 SEC. 603. VALUATION. 

15 (a) LOOPHOLE.—Section 7 of the Mineral Leasing 

16 Act (30 U.S.C. 207), as amended by section 602, is fur17 ther amended by adding at the end the following: 

18 ‘‘(e) VALUATION OF COAL.— 

19 ‘‘(1) IN GENERAL.—The value of coal for pur20 poses of calculating the required royalty payment 

21 under subsection (a) is the gross proceeds accruing 

22 to the lessee or the lessee’s affiliate under the first 

23 arm’s-length contract for sale of the coal if— 

24 ‘‘(A) the lessee or the lessee’s affiliate sells 

25 the coal under an arm’s-length contract; or 


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1 ‘‘(B) the lessee or the lessee’s affiliate sells 

2 the coal to a person under a non-arm’s-length 

3 contract who then sells the coal under an arm’s4 length contract. 

5 ‘‘(2) DEFINITION OF ARM’S-LENGTH CON6 TRACT.—In this subsection, the term ‘arm’s-length 

7 contract’ means a contract or agreement between 

8 independent persons who are not affiliates and who 

9 have opposing economic interests regarding that con10 tract.’’. 

11 (b) STUDY.—The Secretary of the Interior shall enter 

12 into an agreement with the National Academy of Sciences 

13 to conduct a study to determine the most equitable method 

14 for valuation of coal produced on Federal lands for pur15 poses of Federal coal leases. 

16 SEC. 604. METHANE RECOVERY. 

17 Section 2 of the Mineral Leasing Act (30 U.S.C. 201) 

18 is amended— 

19 (1) in subsection (a)(1), by inserting ‘‘and sub20 ject to subsection (e)(6),’’ after ‘‘deems appro21 priate,’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(e) Notwithstanding any other provision of law, any 

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1 fication of an existing coal lease issued under this section 

2 shall include terms that establish the following: 

3 ‘‘(1) Coal mine methane released in conjunction 

4 with mining activities shall be deemed to be included 

5 within the scope of the coal lease if the United 

6 States owns both the coal and gas resources. 

7 ‘‘(2) Except as provided in paragraph (4), any 

8 coal lease issued on lands for which the United 

9 States owns both the coal and gas resources shall in10 clude a requirement that the lessee recover the coal 

11 mine methane associated with the leased coal re12 sources to the maximum feasible extent, taking into 

13 account the economics of both the mining and meth14 ane-capture operations. 

15 ‘‘(3) Before the issuance of a lease for recovery 

16 of coal by deep mining operations, the Secretary 

17 shall require an analysis to determine the extent to 

18 which coal mine methane can be economically cap19 tured and either put to productive use or flared. The 

20 cost of the analysis shall be paid by the lessee and 

21 carried out by a person chosen by the Secretary with 

22 professional qualifications in the capture of coal 

23 mine methane and without financial or other eco24 nomic ties to the lessee. 


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1 ‘‘(4) If the Secretary determines that recovery 

2 or flaring of coal mine methane under a lease is not 

3 economically feasible in accordance with paragraph 

4 (2), or cannot be carried out in a manner that 

5 assures the protection of mine workers, coal mining 

6 under such lease may proceed without requiring re7 covery or flaring of the coal mine methane. 

8 ‘‘(5) Any coal lease that involves federally 

9 owned coal and nonfederally owned gas resources 

10 shall require the coal operator to make a reasonable 

11 effort to negotiate an arrangement with the gas 

12 owner in advance of conducting any mining oper13 ations. If the coal lessee and gas owner are unable 

14 to arrange for the joint development of the coal and 

15 coal mine methane, and if the joint development of 

16 those resources is economically feasible, the Sec17 retary may seek a court order to allow coal mining 

18 and methane capture to proceed by the coal lessee, 

19 subject to a reasonable division of the proceeds from 

20 the sale of the coal and methane resources. 

21 ‘‘(6) Any assessment of fair market value re22 quired by subsection (a)(1) shall include the value of 

23 any Federal coal mine methane that is associated 

24 with Federal coal resources and subject to capture 

25 and use under this section. 


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1 ‘‘(7) Any Federal coal mine methane that is 

2 captured and used or sold pursuant to a Federal 

3 coal lease shall be subject to a royalty of not less 

4 than 18.75 percent.’’. 

5 SEC. 605. SELF-BONDING. 

6 Section 509 of the Surface Mining Control and Rec7 lamation Act of 1977 (30 U.S.C. 1259) is amended— 

8 (1) by striking subsection (c); and 

9 (2) by redesignating subsections (d) and (e) as 

10 subsections (c) and (d), respectively. 

11 SEC. 606. STREAM PROTECTION. 

12 (a) ADDITION OF STREAM BUFFER.—Title V of the 

13 Surface Mining Control and Reclamation Act of 1977 (30 

14 U.S.C. 1251 et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘SEC. 530. LIMITATIONS ON SURFACE OR UNDERGROUND 

17 COAL MINING ACTIVITY. 

18 ‘‘(a) IN GENERAL.—Surface or underground coal 

19 mining operations shall not be conducted if— 

20 ‘‘(1) such activity would disturb the surface of 

21 land within 100 feet of a perennial or intermittent 

22 stream, unless the Secretary has authorized such ac23 tivity to be conducted based on a finding that such 

24 disturbance— 


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1 ‘‘(A) will not cause or contribute to the 

2 violation of applicable State or Federal water 

3 quality standards; and 

4 ‘‘(B) will not adversely affect the water 

5 quantity, water quality, or other environmental 

6 resources of the stream or downstream waters; 

7 or 

8 ‘‘(2) the Secretary determines that such activity 

9 will— 

10 ‘‘(A) cause or contribute to the violation of 

11 applicable State or Federal water quality stand12 ards; or 

13 ‘‘(B) adversely affect the water quantity or 

14 quality or other environmental resources of the 

15 stream. 

16 ‘‘(b) MEASUREMENT OF DISTANCE.—The 100-foot 

17 distance referred to in subsection (a)(1) shall be measured 

18 horizontally on a line perpendicular to the stream, begin19 ning at the ordinary high water mark. 

20 ‘‘(c) DEFINITION OF PERENNIAL OR INTERMITTENT

21 STREAM.—In this section, the term ‘perennial or intermit22 tent stream’ means a stream or part of a stream that— 

23 ‘‘(1) has flowing water during periods when 

24 groundwater provides water for streamflow, but may 

25 not have flowing water during other periods; and 


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1 ‘‘(2) has channels that display both a bed-and2 bank configuration and an ordinary high water 

3 mark.’’. 

4 (b) DIRECTED RULEMAKING.—The Secretary shall 

5 issue regulations under the Surface Mining Control and 

6 Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), includ7 ing the amendment to such Act made by subsection (a), 

8 to— 

9 (1) define ‘‘material damage to the hydrologic 

10 balance outside the permit area’’ under section 

11 510(a)(b)(3) of such Act (30 U.S.C. 1260 (a)(b)(3)) 

12 and require that each permit specify the point at 

13 which adverse mining-related impacts on ground14 water and surface water would reach that level of 

15 damage; 

16 (2) ensure collection of adequate premining 

17 data about the site of a proposed mining operation 

18 and adjacent areas to establish an adequate baseline 

19 for evaluation of the impacts of mining and the ef20 fectiveness of reclamation; 

21 (3) adjust monitoring requirements to enable 

22 timely detection and correction of any adverse trends 

23 in the quality or quantity of surface water and 

24 groundwater or the biological condition of streams; 


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1 (4) ensure protection or restoration of perennial 

2 and intermittent streams and related resources; 

3 (5) ensure that permittees and regulatory au4 thorities make use of advances in science and tech5 nology; 

6 (6) ensure that land disturbed by mining oper7 ations is restored to a condition capable of sup8 porting the uses that it was capable of supporting 

9 before mining; and 

10 (7) update and codify the requirements and 

11 procedures for protection of threatened or endan12 gered species and designated critical habitat. 

13 SEC. 607. CERTIFIED STATES. 

14 Section 411(b) of the Surface Mining Control and 

15 Reclamation Act of 1977 (30 U.S.C. 1240a) is amended— 

16 (1) by striking ‘‘If the Secretary’’ and inserting 

17 the following: 

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

19 if the Secretary’’; 

20 (2) by redesignating paragraphs (1) and (2) as 

21 subparagraphs (A) and (B), respectively, and mov22 ing such subparagraphs 2 ems to the right; and 

23 (3) by adding at the end the following: 

24 ‘‘(2) OFFICE APPROVAL.—A State may not un25 dertake a noncoal mine reclamation project under 


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1 this title on lands, waters, or facilities determined by 

2 the Secretary to be eligible under paragraph (1) un3 less— 

4 ‘‘(A) the State demonstrates to the Office’s 

5 satisfaction that the noncoal mine poses a more 

6 extreme danger to public health, safety, prop7 erty, or the environment than any abandoned 

8 coal mine in the State; and 

9 ‘‘(B) the State has received approval from 

10 the Office to undertake such noncoal mine rec11 lamation project. 

12 ‘‘(3) PUBLIC LISTING OF NONCOAL

13 PROJECTS.—The Office shall maintain a public list14 ing on the website of the Office of the noncoal mine 

15 reclamation projects undertaken by each State under 

16 this subsection.’’. 

17 SEC. 608. ECONOMIC REDEVELOPMENT ON ABANDONED 

18 MINE LANDS. 

19 (a) ECONOMIC REVITALIZATION FOR COAL COUN20 TRY.— 

21 (1) IN GENERAL.—Title IV of the Surface Min22 ing Control and Reclamation Act of 1977 (30 U.S.C. 

23 1231 et seq.) is amended by adding at the end the 

24 following: 


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1 ‘‘SEC. 415. ABANDONED MINE LAND ECONOMIC REVITAL2 IZATION. 

3 ‘‘(a) DEFINITION OF COMMITTED.—In this section: 

4 ‘‘(1) IN GENERAL.—The term ‘committed’ 

5 means that a State or Indian tribe receiving funds 

6 under this section has executed a project agreement 

7 with an applicant for the funds. 

8 ‘‘(2) INCLUSION.—The term ‘committed’ in9 cludes, with respect to a project agreement, any 

10 amount used for project planning under subsection 

11 (g). 

12 ‘‘(b) AUTHORIZATION.—Of the amounts deposited in 

13 the fund under section 401(b) before October 1, 2007, and 

14 not otherwise appropriated, $200,000,000 shall be avail15 able to the Secretary, without further appropriation, for 

16 each of fiscal years 2018 through 2022 for distribution 

17 to States and Indian tribes in accordance with this section 

18 for the purpose of promoting economic revitalization, di19 versification, and development in economically distressed 

20 communities through the reclamation and restoration of 

21 land and water resources adversely affected by coal mining 

22 carried out before August 3, 1977. 

23 ‘‘(c) USE OF FUNDS.—Funds distributed to a State 

24 or Indian tribe under subsection (d) shall be used only 

25 for those projects that meet the following criteria: 


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1 ‘‘(1) RELATED TO THE RECLAMATION OF ABAN2 DONED MINE LAND AND WATERS.—The project is 

3 designed— 

4 ‘‘(A) to achieve one or more of the prior5 ities stated in section 403(a); or 

6 ‘‘(B) to be conducted on land adjacent to 

7 eligible land and waters described in section 

8 403(a) that has previously been remediated or 

9 will be remediated under this section. 

10 ‘‘(2) CONTRIBUTION TO FUTURE ECONOMIC OR

11 COMMUNITY DEVELOPMENT.— 

12 ‘‘(A) IN GENERAL.—The project is reason13 ably likely to create favorable conditions, as 

14 demonstrated in accordance with subparagraph 

15 (B), for the economic development of the 

16 project site or promote the general welfare 

17 through economic and community development 

18 of the area in which the project is conducted. 

19 ‘‘(B) DEMONSTRATION OF CONDITIONS.— 

20 The conditions referred to in subparagraph (A) 

21 may be demonstrated by any documentation— 

22 ‘‘(i) of the role of the project in the 

23 economic development strategy or other 

24 economic and community development 

25 planning process of the applicable area; 


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1 ‘‘(ii) of the planned economic and 

2 community use of the project site after the 

3 primary reclamation activities are com4 pleted, which may include contracts, agree5 ments in principle, or other evidence that, 

6 once reclaimed, the site is reasonably an7 ticipated to be used for one or more indus8 trial, commercial, residential, agricultural, 

9 or recreational purposes; or 

10 ‘‘(iii) agreed to by the State or Indian 

11 tribe that demonstrates the project will 

12 meet the criteria set forth in this sub13 section. 

14 ‘‘(3) LOCATION IN COMMUNITY AFFECTED BY

15 RECENT DECLINE IN MINING.—The project will be 

16 conducted in a community— 

17 ‘‘(A) that has been adversely affected eco18 nomically by a reduction in coal mining-related 

19 activity over the preceding 5 years, as dem20 onstrated by employment data, per capita in21 come, or other indicators of reduced economic 

22 activity attributable to the reduction; or 

23 ‘‘(B)(i) that has traditionally relied on coal 

24 mining for a substantial portion of the economy 

25 of the community; and 


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1 ‘‘(ii) in which the economic contribution of 

2 coal mining has significantly declined. 

3 ‘‘(4) STAKEHOLDER COLLABORATION.—The 

4 project has been— 

5 ‘‘(A) the subject of project planning under 

6 subsection (g); and 

7 ‘‘(B) the focus of collaboration, including 

8 partnerships, as appropriate, with interested 

9 persons or local organizations. 

10 ‘‘(5) ELIGIBLE APPLICANTS.—The project has 

11 been proposed and will be executed by entities of 

12 State, local, county, or tribal government, which may 

13 include subcontracting project-related activities, as 

14 appropriate. 

15 ‘‘(d) DISTRIBUTION OF FUNDS.— 

16 ‘‘(1) UNCERTIFIED STATES.— 

17 ‘‘(A) IN GENERAL.—Of the amount made 

18 available under subsection (b), the Secretary 

19 shall distribute $195,000,000 for each of fiscal 

20 years 2018 through 2022 to States and Indian 

21 tribes that have a State program approved 

22 under section 405 or are referred to in section 

23 402(g)(8)(B), and have not made a certification 

24 under section 411(a) in which the Secretary has 

25 concurred, as follows: 


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1 ‘‘(i) FISCAL YEARS 2018 AND 2019.— 

2 For each of fiscal years 2018 and 2019, 

3 the Secretary shall allocate to each State 

4 and Indian tribe the funds through a for5 mula based on the quantity of coal histori6 cally produced in each State or from the 

7 land of each Indian tribe before August 3, 

8 1977. 

9 ‘‘(ii) FISCAL YEARS 2020 THROUGH

10 2022.—For each of fiscal years 2020 

11 through 2022, the Secretary shall allocate 

12 to each State and Indian tribe— 

13 ‘‘(I) the amount allocated to the 

14 State or Indian tribe for fiscal year 

15 2018, plus any amount reallocated to 

16 the State or Indian tribe under this 

17 paragraph, if the State or Indian tribe 

18 has committed the full amount of the 

19 allocation of the State or Indian tribe 

20 for the preceding fiscal year to eligible 

21 projects; or 

22 ‘‘(II) if the State or Indian tribe 

23 has not committed the full amount of 

24 the allocation of the State or Indian 

25 tribe for the preceding fiscal year to 


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1 eligible projects, an amount equal to 

2 the lesser of— 

3 ‘‘(aa) the amount the State 

4 or Indian tribe has committed to 

5 eligible projects from the alloca6 tion of the State or Indian tribe 

7 for the preceding fiscal year; and 

8 ‘‘(bb) the amount allocated 

9 to the State or Indian tribe for 

10 fiscal year 2018. 

11 ‘‘(iii) FISCAL YEAR 2023.—For fiscal 

12 year 2023, the Secretary shall allocate to 

13 each State and Indian tribe the amount re14 allocated to the State or Indian tribe under 

15 subparagraph (B), if the State or Indian 

16 tribe has committed the full amount of the 

17 allocation of the State or Indian tribe for 

18 fiscal year 2022 to eligible projects. 

19 ‘‘(B) REALLOCATION OF UNCOMMITTED

20 FUNDS.— 

21 ‘‘(i) FISCAL YEAR 2020 THROUGH

22 2022.—For each of fiscal years 2020 

23 through 2022, the Secretary shall reallo24 cate in accordance with clause (iii) any 

25 amount available for distribution under 


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1 this subsection that has not been com2 mitted to eligible projects in the preceding 

3 2 fiscal years, among the States and In4 dian tribes that have committed to eligible 

5 projects the full amount of the annual allo6 cation of the State or Indian tribe for the 

7 preceding fiscal year as described in clause 

8 (iii). 

9 ‘‘(ii) FISCAL YEAR 2023.—For fiscal 

10 year 2023, the Secretary shall reallocate in 

11 accordance with clause (iii) any amount 

12 available for distribution under this sub13 section that has not been committed to eli14 gible projects or distributed under sub15 paragraph (A)(iii), among the States and 

16 Indian tribes that have committed to eligi17 ble projects the full amount of the annual 

18 allocation of the State or Indian tribe for 

19 fiscal year 2022. 

20 ‘‘(iii) AMOUNT OF REALLOCATION.— 

21 The amount reallocated to each State and 

22 Indian tribe under each of clauses (i) and 

23 (ii) shall be determined by the Secretary to 

24 reflect, to the extent practicable— 


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1 ‘‘(I) the proportion of 

2 unreclaimed eligible land and waters 

3 the State or Indian tribe has in the 

4 inventory maintained under section 

5 403(c); and 

6 ‘‘(II) the proportion of coal min7 ing employment loss incurred in the 

8 State or Indian land, respectively, as 

9 determined by the Mine Safety and 

10 Health Administration, over the 5- 

11 year period preceding the fiscal year 

12 for which the reallocation is made. 

13 ‘‘(C) SUPPLEMENTAL FUNDS.—Funds dis14 tributed under this subsection— 

15 ‘‘(i) shall be in addition to, and shall 

16 not affect, the amount of funds distributed 

17 to States and Indian tribes under section 

18 401(f); and 

19 ‘‘(ii) shall not reduce any funds dis20 tributed to a State or Indian tribe by rea21 son of the application of section 402(g)(8). 

22 ‘‘(2) ADDITIONAL FUNDING TO CERTAIN

23 STATES AND INDIAN TRIBES.— 

24 ‘‘(A) ELIGIBILITY.—Of the amount made 

25 available under subsection (b), the Secretary 


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1 shall distribute $5,000,000 for each of the 5 

2 fiscal years beginning in fiscal year 2018 to 

3 States and Indian tribes that— 

4 ‘‘(i) have a State program approved 

5 under section 405; and 

6 ‘‘(ii)(I) have made a certification 

7 under section 411(a) in which the Sec8 retary has concurred; or 

9 ‘‘(II) receive an allocation by reason 

10 of the application of section 402(g)(8)(A). 

11 ‘‘(B) APPLICATION FOR FUNDS.— 

12 ‘‘(i) IN GENERAL.—Using the process 

13 described in section 405(f), any State or 

14 Indian tribe described in subparagraph (A) 

15 may submit a grant application to the Sec16 retary for funds under this paragraph. 

17 ‘‘(ii) REVIEW.—The Secretary shall 

18 review each grant application to confirm 

19 that the projects identified in the applica20 tion for funding are eligible under sub21 section (c). 

22 ‘‘(C) DISTRIBUTION OF FUNDS.—The 

23 amount of funds distributed to each State and 

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1 onstrated need for the funding to accomplish 

2 the purposes of this section. 

3 ‘‘(e) RESOLUTION OF CONCERNS OF SECRETARY; 

4 CONGRESSIONAL NOTIFICATION.—If the Secretary does 

5 not agree with a State or Indian tribe that a proposed 

6 project meets the criteria set forth in subsection (c)— 

7 ‘‘(1) the Secretary and the State or Indian tribe 

8 shall meet and confer for a period of not less than 

9 30 days to resolve the concerns of the Secretary; 

10 ‘‘(2) during that period, the Secretary may con11 sult with any appropriate Federal agency, such as 

12 the Appalachian Regional Commission, the Eco13 nomic Development Administration, and the Bureau 

14 of Indian Affairs, to assist with the resolution of the 

15 concerns; and 

16 ‘‘(3) at the end of that period, if the concerns 

17 of the Secretary are not resolved, the Secretary shall 

18 provide to Congress an explanation of the concerns. 

19 ‘‘(f) ACID MINE DRAINAGE TREATMENT.— 

20 ‘‘(1) IN GENERAL.—Subject to paragraph (3), a 

21 State or Indian tribe that receives funds under this 

22 section may retain such portion of the funds as is 

23 necessary to supplement the acid mine drainage 

24 abatement and treatment fund of the State or In25 dian tribe established under section 402(g)(6)(A), 


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1 for future operation and maintenance costs for the 

2 treatment of acid mine drainage associated with the 

3 individual projects funded under this section. 

4 ‘‘(2) APPLICATION.—A State or Indian tribe 

5 shall specify the total funds allotted for costs de6 scribed in paragraph (1) in the application of the 

7 State or Indian tribe submitted under subsection 

8 (d)(2)(B). 

9 ‘‘(3) CONDITION.—A State or Indian tribe may 

10 retain and use funds under this subsection only if 

11 the State or Indian tribe demonstrates that the an12 nual grant distributed to the State or Indian tribe 

13 pursuant to section 401(f), including any interest 

14 from the acid mine drainage abatement and treat15 ment fund of the State or Indian tribe that is not 

16 used for the operation or maintenance of preexisting 

17 acid mine drainage treatment systems, is insufficient 

18 to fund the operation and maintenance of any acid 

19 mine drainage treatment system associated with an 

20 individual project funded under this section. 

21 ‘‘(g) PROJECT PLANNING AND ADMINISTRATION.— 

22 ‘‘(1) STATES AND INDIAN TRIBES.— 

23 ‘‘(A) IN GENERAL.—A State or Indian 

24 tribe may use up to 10 percent of the amounts 

25 distributed to the State or Indian tribe under 


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1 this section for project planning and the costs 

2 of administering this section. 

3 ‘‘(B) PLANNING REQUIREMENTS.—Plan4 ning under this paragraph may include— 

5 ‘‘(i) identification of eligible projects; 

6 ‘‘(ii) updating the inventory referred 

7 to in section 403(c); 

8 ‘‘(iii) developing project designs; 

9 ‘‘(iv) preparing cost estimates; or 

10 ‘‘(v) engaging in other similar activi11 ties necessary to facilitate reclamation ac12 tivities under this section. 

13 ‘‘(2) SECRETARY.—In addition to amounts 

14 available for distribution under subsection (b), the 

15 Secretary may expend, without further appropria16 tion, not more than $3,000,000 for the 5 fiscal years 

17 beginning after the date of enactment of this section 

18 for staffing and other administrative expenses nec19 essary to carry out this section. 

20 ‘‘(h) REPORT TO CONGRESS.—Each State and Indian 

21 tribe to which funds are distributed under this section 

22 shall provide to Congress and the Secretary at the end 

23 of each fiscal year for which the funds are distributed a 

24 detailed report on— 


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1 ‘‘(1) the various projects that have been under2 taken with the funds; and 

3 ‘‘(2) the community and economic benefits that 

4 are resulting, or are expected to result, from the use 

5 of the funds.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents in the first section of the Surface Mining Con8 trol and Reclamation Act of 1977 (30 U.S.C. prec. 

9 1201) is amended by adding at the end of the items 

10 relating to title IV the following: 

‘‘Sec. 415. Abandoned mine land economic revitalization.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) ABANDONED MINE RECLAMATION FUND

13 AND PURPOSES.—Section 401 of the Surface Mining 

14 Control and Reclamation Act of 1977 (30 U.S.C. 

15 1231) is amended— 

16 (A) in subsection (c)— 

17 (i) in paragraph (10), by striking 

18 ‘‘and’’ at the end; 

19 (ii) by redesignating paragraph (11) 

20 as paragraph (12); and 

21 (iii) by inserting after paragraph (10) 

22 the following: 

23 ‘‘(11) to implement section 415; and’’; and 

24 (B) in subsection (d)(3), by inserting ‘‘and 

25 section 415(b)’’ before the period at the end. 


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1 (2) RECLAMATION FEE.—Section 402(g) of the 

2 Surface Mining Control and Reclamation Act of 

3 1977 (30 U.S.C. 1232(g)) is amended— 

4 (A) in paragraph (1), in the matter pre5 ceding subparagraph (A), by inserting ‘‘and sec6 tion 415’’ after ‘‘subsection (h)’’; and 

7 (B) in paragraph (3), by adding at the end 

8 the following: 

9 ‘‘(F) For the purpose of section 

10 415(b)(2)(A).’’. 

11 (3) OBJECTIVES OF FUND.—Section 403(c) of 

12 the Surface Mining Control and Reclamation Act of 

13 1977 (30 U.S.C. 1233(c)) is amended— 

14 (A) in the first sentence— 

15 (i) by striking ‘‘For’’ and inserting 

16 the following: 

17 ‘‘(1) IN GENERAL.—For’’; 

18 (ii) by inserting ‘‘any of’’ after ‘‘which 

19 meet’’; and 

20 (iii) by striking ‘‘paragraphs (1) and 

21 (2) of’’; 

22 (B) in the second sentence— 

23 (i) by striking ‘‘Under’’ and inserting 

24 the following: 

25 ‘‘(2) AMENDMENTS.— 


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1 ‘‘(A) IN GENERAL.—Under’’; and 

2 (ii) by inserting after subparagraph 

3 (A) (as so designated) the following: 

4 ‘‘(B) ADVANCED TECHNOLOGIES.—As 

5 practicable, States and Indian tribes shall offer 

6 amendments described in subparagraph (A) 

7 based on the use of remote sensing, global posi8 tioning systems, and other advanced tech9 nologies.’’; 

10 (C) by striking ‘‘The Secretary shall pro11 vide’’ and inserting the following: 

12 ‘‘(3) ASSISTANCE.—The Secretary shall pro13 vide’’; 

14 (D) by striking ‘‘The Secretary shall com15 pile’’ and inserting the following: 

16 ‘‘(4) INVENTORY.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 compile’’; 

19 (E) in the last sentence by striking ‘‘On’’ 

20 and inserting the following: 

21 ‘‘(B) PROJECTS.—On’’; and 

22 (F) by adding at the end the following: 

23 ‘‘(C) UPDATES.—The Secretary may per24 form any work necessary to amend any entry in 

25 the inventory that has not been updated by a 


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1 State or Indian tribe within the preceding 3 

2 years to ensure that the entry is up-to-date and 

3 accurate.’’. 

4 SEC. 609. PROHIBITION ON BLASTING WITHIN ONE MILE OF 

5 ANY OCCUPIED DWELLING. 

6 Section 515(b)(15) of the Surface Mining Control 

7 and Reclamation Act of 1977 (43 U.S.C. 1265(B)(15)) 

8 is amended by adding ‘‘; and’’ at the end of subparagraph 

9 (E), and by adding at the end the following: 

10 ‘‘(F) prohibit blasting— 

11 ‘‘(i) within one mile of any occupied 

12 dwelling, unless such prohibition is waived 

13 by the owner thereof, and 

14 ‘‘(ii) within one mile of any public 

15 building, school, church, community, insti16 tutional building, or public park.’’. 

17 SEC. 610. COAL MINERS PENSION PROTECTION. 

18 (a) IN GENERAL.—Subsection (i) of section 402 of 

19 the Surface Mining Control and Reclamation Act of 1977 

20 (30 U.S.C. 1232), as amended by the Further Continuing 

21 and Security Assistance Appropriations Act, 2017, is 

22 amended— 

23 (1) by redesignating paragraph (4) as para24 graph (5); and 


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1 (2) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) ADDITIONAL AMOUNTS.— 

4 ‘‘(A) CALCULATION.—If the dollar limita5 tion specified in paragraph (3)(A) exceeds the 

6 aggregate amount required to be transferred 

7 under paragraphs (1) and (2) for a fiscal year, 

8 the Secretary of the Treasury shall transfer an 

9 additional amount equal to the difference be10 tween such dollar limitation and such aggregate 

11 amount to the trustees of the 1974 UMWA 

12 Pension Plan to pay benefits required under 

13 that plan. 

14 ‘‘(B) CESSATION OF TRANSFERS.—The 

15 transfers described in subparagraph (A) shall 

16 cease as of the first fiscal year beginning after 

17 the first plan year for which the funded per18 centage (as defined in section 432(i)(2) of the 

19 Internal Revenue Code of 1986) of the 1974 

20 UMWA Pension Plan is at least 100 percent. 

21 ‘‘(C) PROHIBITION ON BENEFIT IN22 CREASES, ETC.—During a fiscal year in which 

23 the 1974 UMWA Pension Plan is receiving 

24 transfers under subparagraph (A), no amend25 ment of such plan which increases the liabilities 


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1 of the plan by reason of any increase in bene2 fits, any change in the accrual of benefits, or 

3 any change in the rate at which benefits become 

4 nonforfeitable under the plan may be adopted 

5 unless the amendment is required as a condi6 tion of qualification under part I of subchapter 

7 D of chapter 1 of the Internal Revenue Code of 

8 1986. 

9 ‘‘(D) TREATMENT OF TRANSFERS FOR

10 PURPOSES OF WITHDRAWAL LIABILITY UNDER

11 ERISA.—The amount of any transfer made 

12 under subparagraph (A) (and any earnings at13 tributable thereto) shall be disregarded in deter14 mining the unfunded vested benefits of the 

15 1974 UMWA Pension Plan and the allocation 

16 of such unfunded vested benefits to an employer 

17 for purposes of determining the employer’s 

18 withdrawal liability under section 4201 of the 

19 Employee Retirement Income Security Act of 

20 1974. 

21 ‘‘(E) REQUIREMENT TO MAINTAIN CON22 TRIBUTION RATE.—A transfer under subpara23 graph (A) shall not be made for a fiscal year 

24 unless the persons that are obligated to con25 tribute to the 1974 UMWA Pension Plan on 


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1 the date of the transfer are obligated to make 

2 the contributions at rates that are no less than 

3 those in effect on the date which is 30 days be4 fore the date of enactment of the Sustainable 

5 Energy Development Reform Act. 

6 ‘‘(F) ENHANCED ANNUAL REPORTING.— 

7 ‘‘(i) IN GENERAL.—Not later than the 

8 90th day of each plan year beginning after 

9 the date of enactment of the Sustainable 

10 Energy Development Reform Act, the 

11 trustees of the 1974 UMWA Pension Plan 

12 shall file with the Secretary of the Treas13 ury or the Secretary’s delegate and the 

14 Pension Benefit Guaranty Corporation a 

15 report (including appropriate documenta16 tion and actuarial certifications from the 

17 plan actuary, as required by the Secretary 

18 of the Treasury or the Secretary’s dele19 gate) that contains— 

20 ‘‘(I) whether the plan is in en21 dangered or critical status under sec22 tion 305 of the Employee Retirement 

23 Income Security Act of 1974 and sec24 tion 432 of the Internal Revenue Code 


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1 of 1986 as of the first day of such 

2 plan year; 

3 ‘‘(II) the funded percentage (as 

4 defined in section 432(i)(2) of such 

5 Code) as of the first day of such plan 

6 year, and the underlying actuarial 

7 value of assets and liabilities taken 

8 into account in determining such per9 centage; 

10 ‘‘(III) the market value of the as11 sets of the plan as of the last day of 

12 the plan year preceding such plan 

13 year; 

14 ‘‘(IV) the total value of all con15 tributions made during the plan year 

16 preceding such plan year; 

17 ‘‘(V) the total value of all bene18 fits paid during the plan year pre19 ceding such plan year; 

20 ‘‘(VI) cash flow projections for 

21 such plan year and either the 6 or 10 

22 succeeding plan years, at the election 

23 of the trustees, and the assumptions 

24 relied upon in making such projec25 tions; 


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1 ‘‘(VII) funding standard account 

2 projections for such plan year and the 

3 9 succeeding plan years, and the as4 sumptions relied upon in making such 

5 projections; 

6 ‘‘(VIII) the total value of all in7 vestment gains or losses during the 

8 plan year preceding such plan year; 

9 ‘‘(IX) any significant reduction 

10 in the number of active participants 

11 during the plan year preceding such 

12 plan year, and the reason for such re13 duction; 

14 ‘‘(X) a list of employers that 

15 withdrew from the plan in the plan 

16 year preceding such plan year, and 

17 the resulting reduction in contribu18 tions; 

19 ‘‘(XI) a list of employers that 

20 paid withdrawal liability to the plan 

21 during the plan year preceding such 

22 plan year and, for each employer, a 

23 total assessment of the withdrawal li24 ability paid, the annual payment 

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1 maining in the payment schedule with 

2 respect to such withdrawal liability; 

3 ‘‘(XII) any material changes to 

4 benefits, accrual rates, or contribution 

5 rates during the plan year preceding 

6 such plan year; 

7 ‘‘(XIII) any scheduled benefit in8 crease or decrease in the plan year 

9 preceding such plan year having a 

10 material effect on liabilities of the 

11 plan; 

12 ‘‘(XIV) details regarding any 

13 funding improvement plan or rehabili14 tation plan and updates to such plan; 

15 ‘‘(XV) the number of partici16 pants and beneficiaries during the 

17 plan year preceding such plan year 

18 who are active participants, the num19 ber of participants and beneficiaries in 

20 pay status, and the number of termi21 nated vested participants and bene22 ficiaries; 

23 ‘‘(XVI) the information contained 

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1 tion 101(f) of the Employee Retire2 ment Income Security Act of 1974; 

3 ‘‘(XVII) the information con4 tained on the most recent Department 

5 of Labor Form 5500 of the plan; and 

6 ‘‘(XVIII) copies of the plan docu7 ment and amendments, other retire8 ment benefit or ancillary benefit plans 

9 relating to the plan and contribution 

10 obligations under such plans, a break11 down of administrative expenses of 

12 the plan, participant census data and 

13 distribution of benefits, the most re14 cent actuarial valuation report as of 

15 the plan year, copies of collective bar16 gaining agreements, and financial re17 ports, and such other information as 

18 the Secretary of the Treasury or the 

19 Secretary’s delegate, in consultation 

20 with the Secretary of Labor and the 

21 Director of the Pension Benefit Guar22 anty Corporation, may require. 

23 ‘‘(ii) ELECTRONIC SUBMISSION.—The 

24 report required under clause (i) shall be 

25 submitted electronically. 


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1 ‘‘(iii) INFORMATION SHARING.—The 

2 Secretary of the Treasury or the Sec3 retary’s delegate shall share the informa4 tion in the report under clause (i) with the 

5 Secretary of Labor. 

6 ‘‘(iv) PENALTY.—Any failure to file 

7 the report required under clause (i) on or 

8 before the date described in such clause 

9 shall be treated as a failure to file a report 

10 required to be filed under section 6058(a) 

11 of the Internal Revenue Code of 1986, ex12 cept that section 6652(e) of such Code 

13 shall be applied with respect to any such 

14 failure by substituting ‘$100’ for ‘$25’. 

15 The preceding sentence shall not apply if 

16 the Secretary of the Treasury or the Sec17 retary’s delegate determines that reason18 able diligence has been exercised by the 

19 trustees of such plan in attempting to 

20 timely file such report. 

21 ‘‘(G) 1974 UMWA PENSION PLAN DE22 FINED.—For purposes of this paragraph, the 

23 term ‘1974 UMWA Pension Plan’ has the 

24 meaning given the term in section 9701(a)(3) 

25 of the Internal Revenue Code of 1986, but 


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1 without regard to the limitation on participation 

2 to individuals who retired in 1976 and there3 after.’’. 

4 (b) CUSTOMS USER FEES.— 

5 (1) IN GENERAL.—Section 13031(j)(3)(A) of 

6 the Consolidated Omnibus Budget Reconciliation Act 

7 of 1985 (19 U.S.C. 58c(j)(3)(A)), as amended by 

8 section 105(a) of the Health Benefits for Miners Act 

9 of 2017, is amended by striking ‘‘January 14, 2026’’ 

10 and inserting ‘‘May 13, 2026’’. 

11 (2) RATE FOR MERCHANDISE PROCESSING

12 FEES.—Section 503 of the United States–Korea 

13 Free Trade Agreement Implementation Act (Public 

14 Law 112–41; 19 U.S.C. 3805 note), as amended by 

15 section 105(b) of the Health Benefits for Miners Act 

16 of 2017, is amended by striking ‘‘January 14, 2026’’ 

17 and inserting ‘‘May 13, 2026’’. 

18 TITLE VII—LAND MANAGEMENT 

19 AND SCIENCE 

20 SEC. 701. ANWR. 

21 (a) INCLUSION OF ARCTIC COASTAL PLAIN.—In fur22 therance of the Wilderness Act (16 U.S.C. 1131 et seq.), 

23 an area within the Arctic National Wildlife Refuge in the 

24 State of Alaska comprising approximately 1,559,538 

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1 tional Wildlife Refuge—1002 Area Alternative E—Wilder2 ness Designation’’ and dated October 28, 1991, is hereby 

3 designated as wilderness and, therefore, as a component 

4 of the National Wilderness Preservation System. 

5 (b) AVAILABILITY OF MAP.—The map referred to in 

6 subsection (a) shall be available for inspection in the ap7 propriate office of the Secretary of the Interior. 

8 (c) ADMINISTRATION.—The Secretary of the Interior 

9 shall administer the area designated as wilderness by sub10 section (a) in accordance with the Wilderness Act as part 

11 of the wilderness area already in existence within the Arc12 tic National Wildlife Refuge as of the date of the enact13 ment of this Act. 

14 SEC. 702. LAND MANAGEMENT STANDARD. 

15 Section 302(b) of the Federal Land Policy and Man16 agement Act of 1976 (43 U.S.C. 1732(b)) is amended in 

17 the last sentence by inserting ‘‘degradation’’ after ‘‘unnec18 essary’’. 

19 SEC. 703. GEOLOGICAL AND GEOPHYSICAL DATA. 

20 Section 351(k) of the Energy Policy Act of 2005 (42 

21 U.S.C. 15908(k)) is amended by striking ‘‘2006 through 

22 2010’’ and inserting ‘‘2018 through 2022’’. 

23 SEC. 704. LAND AND WATER CONSERVATION FUND. 

24 (a) IN GENERAL.—Section 200302 of title 54, United 

25 States Code, is amended— 


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1 (1) in subsection (b), in the matter preceding 

2 paragraph (1), by striking ‘‘During the period end3 ing September 30, 2018, there’’ and inserting 

4 ‘‘There’’; and 

5 (2) in subsection (c)(1), by striking ‘‘through 

6 September 30, 2018’’. 

7 (b) PUBLIC ACCESS.—Section 200306 of title 54, 

8 United States Code, is amended by adding at the end the 

9 following: 

10 ‘‘(c) PUBLIC ACCESS.—For each fiscal year, not less 

11 than 1.5 percent of amounts made available for expendi12 ture in such fiscal year under section 200303, or 

13 $10,000,000, whichever is greater, shall be used for 

14 projects that secure recreational public access to existing 

15 Federal public land for hunting, fishing, and other rec16 reational purposes.’’. 

17 (c) PARITY FOR TERRITORIES AND THE DISTRICT OF

18 COLUMBIA.—Section 200305(b) of title 54, United States 

19 Code, is amended by striking paragraph (5). 

20 SEC. 705. MITIGATION. 

21 The provisions of the order of the Secretary of the 

22 Interior numbered 3349 and dated March 29, 2017 (relat23 ing to American energy independence) that revoke the 

24 order of the Secretary numbered 3330 and dated October 

25 31, 2013 (relating to improving mitigation policies and 


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1 practices of the Department of the Interior) shall have no 

2 force or effect, and the order of the Secretary numbered 

3 3330 shall apply as published on October 31, 2013. 

Æ 


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