I 
110TH CONGRESS 
2D SESSION 
H. R. 6779 
To provide for secure rural schools and counties, and State enhanced 
authority for coastal and ocean resources, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2008 
Mr. WALDEN of Oregon (for himself, Mr. BISHOP of Utah, Mrs. MYRICK, Mrs. 
DRAKE, Mr. PETERSON of Pennsylvania, Mr. BONNER, Mr. BOOZMAN, 
Mr. BROWN of South Carolina, Mrs. CUBIN, Mr. DOOLITTLE, Mrs. 
EMERSON, Ms. FALLIN, Mr. FORTUN˜O, Mr. GOHMERT, Mr. HASTINGS of 
Washington, Mr. HELLER of Nevada, Mr. HERGER, Mr. LAMBORN, Mr. 
DANIEL E. LUNGREN of California, Mr. NUNES, Mr. PICKERING, Mr. 
RADANOVICH, Mr. REHBERG, Mrs. MCMORRIS RODGERS, Mr. ROGERS of 
Alabama, Mr. SALI, Mr. SESSIONS, Mr. SIMPSON, Mr. TANCREDO, Mr. 
WAMP, Mrs. WILSON of New Mexico, Mr. WITTMAN of Virginia, Mr. 
PEARCE, Mr. YOUNG of Alaska, and Mr. RENZI) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
addition to the Committees on Energy and Commerce, Agriculture, the 
Judiciary, Education and Labor, and Transportation and Infrastructure, 
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 provide for secure rural schools and counties, and State 
enhanced authority for coastal and ocean resources, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Security and Energy for America Act of 2008’’, or the 
‘‘SEA Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
TITLE I—SECURE RURAL SCHOOLS AND COUNTIES 
Sec. 101. Short title. 
Sec. 102. Funding for payments in lieu of taxes. 
Sec. 103. Transitional payments to States and counties previously entitled to 
payments under Secure Rural Schools and Community Self-De-
termination Act of 2000. 
Sec. 104. Special requirements regarding transition payments to certain States. 
Sec. 105. Sense of Congress on distribution of secure rural schools transition 
payments to eligible counties. 
TITLE II—STATE ENHANCED AUTHORITY FOR COASTAL AND 
OCEAN RESOURCES 
Sec. 201. Short title. 
Sec. 202. Findings. 
Sec. 203. Definitions under the Submerged Lands Act. 
Sec. 204. Seaward boundaries of States. 
Sec. 205. Exceptions from confirmation and establishment of States’ title, 
power, and rights. 
Sec. 206. Definitions under the Outer Continental Shelf Lands Act. 
Sec. 207. Determination of Adjacent Zones and Planning Areas. 
Sec. 208. Administration of leasing. 
Sec. 209. Grant of leases by Secretary. 
Sec. 210. Disposition of receipts. 
Sec. 211. Review of outer Continental Shelf exploration plans. 
Sec. 212. Reservation of lands and rights. 
Sec. 213. Outer Continental Shelf leasing program. 
Sec. 214. Coordination with Adjacent States. 
Sec. 215. Environmental studies. 
Sec. 216. Review of outer Continental Shelf development and production plans. 
Sec. 217. Federal Energy Natural Resources Enhancement Fund Act of 2008. 
Sec. 218. Termination of effect of laws prohibiting the spending of appro-
priated funds for certain purposes. 
Sec. 219. Outer Continental Shelf incompatible use. 
Sec. 220. Repurchase of certain leases. 
Sec. 221. Offsite environmental mitigation. 
Sec. 222. Regulation of onshore surface-disturbing activities. 
Sec. 223. Renaming of Minerals Management Service. 
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Sec. 224. Authority to use decommissioned offshore oil and gas platforms and 
other facilities for artificial reef, scientific research, or other 
uses. 
Sec. 225. Mining and petroleum schools. 
Sec. 226. OCS regional headquarters. 
Sec. 227. Freedom Fuels Act. 
Sec. 228. Coastal impact assistance. 
Sec. 229. Oil shale and tar sands amendments. 
Sec. 230. Buy and build American. 
Sec. 231. Repeal of the Gulf of Mexico Energy Security Act of 2006. 
Sec. 232. Royalty-in-kind. 
Sec. 233. Mandatory issuance of regulations promoting production of natural 
gas from gas hydrates. 
Sec. 234. Mandatory issuance of regulations promoting enhanced oil and nat-
ural gas production through carbon dioxide injection. 
Sec. 235. Conservation of resources fee for future onshore nonproducing oil and 
gas leases. 
Sec. 236. Outer Continental Shelf conservation of living and nonliving resources 
fee on liquid fuels. 
Sec. 237. Outer Continental Shelf discharges and emissions. 
Sec. 238. OCS joint permitting offices. 
Sec. 239. Application of section 307 of the Coastal Zone Management Act of 
1972. 
Sec. 240. Oil spill response plans. 
Sec. 241. Clean Air Act and Clean Water Act. 
Sec. 242. Resource assessments. 
TITLE I—SECURE RURAL 
SCHOOLS AND COUNTIES 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Secure Rural Schools 
and Counties Act of 2008’’. 
SEC. 102. FUNDING FOR PAYMENTS IN LIEU OF TAXES. 
(a) IN GENERAL.—Section 6906 of title 31, United 
States Code, is amended to read as follows: 
‘‘§ 6906. Funding 
‘‘(a) GENERAL RULE.—Necessary amounts may be 
appropriated to the Secretary of the Interior to carry out 
this chapter. Except as provided in subsection (b) and sec-
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tion 6908 of this title, amounts are available only as pro-
vided in appropriation laws. 
‘‘(b) TRANSITION
TO FULL FUNDING.—Amounts 
necessary to carry out under this chapter shall be made 
available to the Secretary of the Interior, out of any funds 
in the Treasury not otherwise appropriated and without 
further appropriation, for obligation or expenditure in ac-
cordance with this chapter as follows: 
‘‘(1) For fiscal year 2009, 90 percent of the au-
thorized payment amounts calculated for that fiscal 
year under the payment formulas contained in sec-
tions 6903, 6904, and 6905 of this title. 
‘‘(2) For fiscal year 2010, 90 percent of the au-
thorized payment amounts calculated for that fiscal 
year under the payment formulas contained in such 
sections. 
‘‘(3) For fiscal years 2011, 2012, and 2013, 
100 percent of the authorized payment amounts cal-
culated for the applicable fiscal year under the pay-
ment formulas contained in such sections. 
‘‘(c) RELATION TO SECURE RURAL SCHOOLS TRAN-
SITION PAYMENTS.—In this section, the term ‘chapter’ 
does not include section 6908 of this title. Subsection (g) 
of such section provides for the funding of secure rural 
schools transition payments under such section.’’. 
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(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 69 of title 31, United States Code, is 
amended by striking the item relating to section 6906 and 
inserting the following new item: 
‘‘6906. Funding.’’. 
SEC. 103. TRANSITIONAL PAYMENTS TO STATES AND COUN-
TIES PREVIOUSLY ENTITLED TO PAYMENTS 
UNDER SECURE RURAL SCHOOLS AND COM-
MUNITY SELF-DETERMINATION ACT OF 2000. 
(a) TRANSITIONAL PAYMENTS.—Chapter 69 of title 
31, United States Code, is amended by adding at the end 
the following new section: 
‘‘SEC. 6908. SECURE RURAL SCHOOLS TRANSITION PAY-
MENTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADJUSTED
SHARE.—The term ‘adjusted 
share’ means the number equal to the quotient ob-
tained by dividing— 
‘‘(A) the number equal to the quotient ob-
tained by dividing— 
‘‘(i) the base share for the eligible 
county; by 
‘‘(ii) the income adjustment for the el-
igible county; by 
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‘‘(B) the number equal to the sum of the 
quotients obtained under subparagraph (A) and 
paragraph (8)(A) for all eligible counties. 
‘‘(2) BASE
SHARE.—The term ‘base share’ 
means the number equal to the average of— 
‘‘(A) the quotient obtained by dividing— 
‘‘(i) the number of acres of Federal 
land described in paragraph (7)(A) in each 
eligible county; by 
‘‘(ii) the total number acres of Fed-
eral land in all eligible counties in all eligi-
ble States; and 
‘‘(B) the quotient obtained by dividing— 
‘‘(i) the amount equal to the average 
of the 3 highest 25-percent payments and 
safety net payments made to each eligible 
State for each eligible county during the 
eligibility period; by 
‘‘(ii) the amount equal to the sum of 
the amounts calculated under clause (i) 
and paragraph (9)(B)(i) for all eligible 
counties in all eligible States during the 
eligibility period. 
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ministered pursuant to the Act of July 22, 
1937 (7 U.S.C. 1010–1012); and 
‘‘(B) such portions of the revested Oregon 
and California Railroad and reconveyed Coos 
Bay Wagon Road grant land as are or may 
hereafter come under the jurisdiction of the De-
partment of the Interior, which have heretofore 
or may hereafter be classified as timberlands, 
and power-site land valuable for timber, that 
shall be managed, except as provided in the 
former section 3 of the Act of August 28, 1937 
(50 Stat. 875; 43 U.S.C. 1181c), for permanent 
forest production. 
‘‘(8) 50-PERCENT
ADJUSTED
SHARE.—The 
term ‘50-percent adjusted share’ means the number 
equal to the quotient obtained by dividing— 
‘‘(A) the number equal to the quotient ob-
tained by dividing— 
‘‘(i) the 50-percent base share for the 
eligible county; by 
‘‘(ii) the income adjustment for the el-
igible county; by 
‘‘(B) the number equal to the sum of the 
quotients obtained under subparagraph (A) and 
paragraph (1)(A) for all eligible counties. 
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‘‘(9) 50-PERCENT BASE SHARE.—The term ‘50- 
percent base share’ means the number equal to the 
average of— 
‘‘(A) the quotient obtained by dividing— 
‘‘(i) the number of acres of Federal 
land described in paragraph (7)(B) in each 
eligible county; by 
‘‘(ii) the total number acres of Fed-
eral land in all eligible counties in all eligi-
ble States; and 
‘‘(B) the quotient obtained by dividing— 
‘‘(i) the amount equal to the average 
of the 3 highest 50-percent payments made 
to each eligible county during the eligibility 
period; by 
‘‘(ii) the amount equal to the sum of 
the amounts calculated under clause (i) 
and paragraph (2)(B)(i) for all eligible 
counties in all eligible States during the 
eligibility period. 
‘‘(10) 50-PERCENT PAYMENT.—The term ‘50- 
percent payment’ means the payment that is the 
sum of the 50-percent share otherwise paid to a 
county pursuant to title II of the Act of August 28, 
1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), 
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and the payment made to a county pursuant to the 
Act of May 24, 1939 (chapter 144; 53 Stat. 753; 43 
U.S.C. 1181f–1 et seq.). 
‘‘(11) FULL FUNDING AMOUNT.—The term ‘full 
funding amount’ means— 
‘‘(A) $520,000,000 for fiscal year 2008; 
and 
‘‘(B) for fiscal years 2009, 2010, 2011, 
and 2012, the amount that is equal to 90 per-
cent of the full funding amount for the pre-
ceding fiscal year. 
‘‘(12) INCOME
ADJUSTMENT.—The term ‘in-
come adjustment’ means the square of the quotient 
obtained by dividing— 
‘‘(A) the per capita personal income for 
each eligible county; by 
‘‘(B) the median per capita personal in-
come of all eligible counties. 
‘‘(13) PER
CAPITA
PERSONAL
INCOME.—The 
term ‘per capita personal income’ means the most 
recent per capita personal income data, as deter-
mined by the Bureau of Economic Analysis. 
‘‘(14) SAFETY
NET
PAYMENTS.—The term 
‘safety net payments’ means the special payment 
amounts paid to States and counties required by 
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section 13982 or 13983 of the Omnibus Budget 
Reconciliation Act of 1993 (Public Law 103–66; 16 
U.S.C. 500 note; 43 U.S.C. 1181f note). 
‘‘(15) SECRETARY
CONCERNED.—The term 
‘Secretary concerned’ means— 
‘‘(A) the Secretary of Agriculture or the 
designee of the Secretary of Agriculture with 
respect to the Federal land described in para-
graph (7)(A); and 
‘‘(B) the Secretary of the Interior or the 
designee of the Secretary of the Interior with 
respect to the Federal land described in para-
graph (7)(B). 
‘‘(16) STATE PAYMENT.—The term ‘State pay-
ment’ means the payment for an eligible State cal-
culated under subsection (b). 
‘‘(17) 25-PERCENT PAYMENT.—The term ‘25- 
percent payment’ means the payment to States re-
quired by the sixth paragraph under the heading of 
‘forest service’ in the Act of May 23, 1908 (35 Stat. 
260; 16 U.S.C. 500), and section 13 of the Act of 
March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). 
‘‘(b) CALCULATION OF STATE PAYMENT AMOUNT.— 
For each of fiscal years 2008 through 2012, the Secretary 
of Agriculture shall calculate for each eligible State an 
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amount equal to the sum of the products obtained by mul-
tiplying— 
‘‘(1) the adjusted share for each eligible county 
within the eligible State; by 
‘‘(2) the full funding amount for the fiscal year. 
‘‘(c) 
CALCULATION
OF
COUNTY
PAYMENT 
AMOUNT.—For each of fiscal years 2008 through 2012, 
the Secretary of the Interior shall calculate for each eligi-
ble county that received a 50-percent payment during the 
eligibility period an amount equal to the product obtained 
by multiplying— 
‘‘(1) the 50-percent adjusted share for the eligi-
ble county; by 
‘‘(2) the full funding amount for the fiscal year. 
‘‘(d) PAYMENT AMOUNTS FOR ELIGIBLE STATES.— 
From funds made available under subsection (g), the Sec-
retary of the Treasury shall pay to each eligible State an 
amount equal to the sum of the amounts elected under 
subsection (f) by each county within the eligible State 
for— 
‘‘(1) if the county is eligible for the 25-percent 
payment, the share of the 25-percent payment; or 
‘‘(2) the share of the State payment of the eli-
gible county. 
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‘‘(e) PAYMENT AMOUNTS
FOR ELIGIBLE COUN-
TIES.—From funds made available under subsection (g), 
the Secretary of the Treasury shall pay to each eligible 
county an amount equal to the amount elected under sub-
section (f) by the county for— 
‘‘(1) if the county is eligible for the 50-percent 
payment, the 50-percent payment; or 
‘‘(2) the county payment for the eligible county. 
‘‘(f) ELECTION TO RECEIVE PAYMENT AMOUNT.— 
‘‘(1) ELECTION; SUBMISSION OF RESULTS.— 
‘‘(A) IN GENERAL.—The election to receive 
a share of the State payment, the county pay-
ment, a share of the State payment and the 
county payment, a share of the 25-percent pay-
ment, the 50-percent payment, or a share of the 
25-percent payment and the 50-percent pay-
ment, as applicable, shall be made at the discre-
tion of each affected county by August 1, 2008, 
and thereafter in accordance with paragraph 
(2)(A), and transmitted to the Secretary con-
cerned by the Governor of each eligible State. 
‘‘(B) FAILURE TO TRANSMIT.—If an elec-
tion for an affected county is not transmitted to 
the Secretary concerned by the date specified 
under subparagraph (A), the affected county 
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shall be considered to have elected to receive a 
share of the State payment, the county pay-
ment, or a share of the State payment and the 
county payment, as applicable. 
‘‘(2) DURATION OF ELECTIONS.—A county elec-
tion to receive a share of the 25-percent payment or 
the 50-percent payment, as applicable, shall be effec-
tive for 2 fiscal years. A county election to receive 
a share of the State payment or a county payment 
or a transition payment pursuant to section 104 of 
the Secure Rural Schools and Counties Act of 2008 
for a fiscal year before fiscal year 2011 shall be ef-
fective through fiscal year 2010. 
‘‘(g) SOURCE
OF PAYMENT AMOUNTS.—The pay-
ment to an eligible State or eligible county under this sec-
tion for a fiscal year shall be derived, without further ap-
propriation, from— 
‘‘(1) any revenues, fees, penalties, or miscella-
neous receipts, exclusive of deposits to any relevant 
trust fund, special account, or permanent operating 
funds, received by the Federal Government from ac-
tivities by the Bureau of Land Management or the 
Forest Service on the applicable Federal land; and 
‘‘(2) to the extent of any shortfall in the 
amounts described in paragraph (1), out of any 
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(B) in section 301(2), by inserting before 
the period the following: ‘‘or reserves under sec-
tion 6908(h)(3) of title 31, United States Code, 
or section 104(e) of the Secure Rural Schools 
and Counties Act of 2008 for expenditure in ac-
cordance with this title’’. 
SEC. 104. SPECIAL REQUIREMENTS REGARDING TRANSI-
TION PAYMENTS TO CERTAIN STATES. 
(a) DEFINITIONS.—In this section: 
(1) ADJUSTED AMOUNT.—The term ‘‘adjusted 
amount’’ means, with respect to a covered State— 
(A) for fiscal year 2008— 
(i) the sum of the amounts paid for 
fiscal year 2006 under section 102(a)(2) of 
the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 
500 note; Public Law 106–393), as in ef-
fect on September 29, 2006, for the eligi-
ble counties in the covered State that have 
elected under section 6908 of title 31, 
United States Code, as added by section 
103 of this Act, to receive a share of the 
State payment for fiscal year 2008; and 
(ii) the sum of the amounts paid for 
fiscal year 2006 under section 103(a)(2) 
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Secure Rural Schools and Community Self- 
Determination Act of 2000 (16 U.S.C. 500 
note; Public Law 106–393), as in effect on 
September 29, 2006, for the eligible coun-
ties in the State of Oregon that have elect-
ed under section 6908 of title 31, United 
States Code, as added by section 103 of 
this Act, to receive the county payment for 
fiscal year 2008; 
(B) for fiscal year 2009, 90 percent of— 
(i) the sum of the amounts paid for 
fiscal year 2006 under such section 
102(a)(2) for the eligible counties in the 
covered State that have elected under such 
section 6908 to receive a share of the 
State payment for fiscal year 2009; and 
(ii) the sum of the amounts paid for 
fiscal year 2006 under such section 
103(a)(2) for the eligible counties in the 
State of Oregon that have elected under 
such section 6908 to receive the county 
payment for fiscal year 2009; 
(C) for fiscal year 2010, 81 percent of— 
(i) the sum of the amounts paid for 
fiscal year 2006 under such section 
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102(a)(2) for the eligible counties in the 
covered State that have elected under such 
section 6908 to receive a share of the 
State payment for fiscal year 2010; and 
(ii) the sum of the amounts paid for 
fiscal year 2006 under such section 
103(a)(2) for the eligible counties in the 
State of Oregon that have elected under 
such section 6908 to receive the county 
payment for fiscal year 2010; and 
(D) for each of fiscal years 2011 and 
2012, 73 percent of— 
(i) the sum of the amounts paid for 
fiscal year 2006 under such section 
102(a)(2) for the eligible counties in the 
covered State that have elected under such 
section 6908 to receive a share of the 
State payment for fiscal year 2011 or 
2012; and 
(ii) the sum of the amounts paid for 
fiscal year 2006 under such section 
103(a)(2) for the eligible counties in the 
State of Oregon that have elected under 
such section 6908 to receive the county 
payment for fiscal year 2011 or 2012. 
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(2) COVERED
STATE.—The term ‘‘covered 
State’’ means each of the States of California, Lou-
isiana, Oregon, Pennsylvania, South Carolina, South 
Dakota, Texas, and Washington. 
(3) ELIGIBLE
COUNTY.—The term ‘‘eligible 
county’’ has the meaning given that term in section 
6908 of title 31, United States Code, as added by 
section 103 of this Act. 
(b) TRANSITION PAYMENTS.—At the election of each 
covered State and eligible counties within the covered 
State, for each of fiscal years 2008 through 2012, in lieu 
of the payment amounts that otherwise would have been 
made under section 6908 of title 31, United States Code, 
as added by section 103 of this Act, the Secretary of the 
Treasury, using amounts made available under subsection 
(g) of such section 6908, shall pay the adjusted amount 
to each covered State and the eligible counties within the 
covered State, as applicable. 
(c) DISTRIBUTION OF PAYMENTS IN CALIFORNIA.— 
The following payments shall be distributed among the eli-
gible counties in the State of California in the same pro-
portion that payments under section 102(a)(2) of the Se-
cure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 500 note; Public Law 106–393), 
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as in effect on September 29, 2006, were distributed to 
those eligible counties for fiscal year 2006: 
(1) Payments to the State of California under 
subsection (b). 
(2) The shares of the eligible counties of the 
State payment for California under section 6908 of 
title 31, United States Code, as added by section 
103 of this Act, for fiscal year 2012. 
(d) TREATMENT OF PAYMENTS.—Any payment made 
under subsection (b) shall be considered to be a payment 
made under section 6908 of title 31, United States Code, 
as added by section 103 of this Act, except that each eligi-
ble county receiving a payment under such subsection or 
a portion of such payment under subsection (c) or (d) shall 
reserve not less than 15 percent of the amount received 
for expenditure in accordance with titles II and III of the 
Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 500 note; Public Law 106–393), 
as required by subsection (h)(3) of such section 6908. 
SEC. 105. SENSE OF CONGRESS ON DISTRIBUTION OF SE-
CURE RURAL SCHOOLS TRANSITION PAY-
MENTS TO ELIGIBLE COUNTIES. 
It is the sense of Congress that amounts made avail-
able by a State to an eligible county under section 6908 
of title 31, United States Code, as added by section 103 
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of this Act, or under section 104 of this Act to support 
public schools in that county should be in addition to, and 
not in lieu of, general funds of the State made available 
to support public schools in that county, and that the 
State should not adjust education funding allocations to 
reflect the receipt of amounts under such section 6908 or 
section 104. 
TITLE II—STATE ENHANCED AU-
THORITY FOR COASTAL AND 
OCEAN RESOURCES 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘State Enhanced Au-
thority for Coastal and Ocean Resources Act of 2008’’, 
or ‘‘SEACOR’’. 
SEC. 202. FINDINGS. 
The Congress finds that— 
(1) the United States is blessed with abundant 
energy resources on the outer Continental Shelf and 
has developed a comprehensive framework of envi-
ronmental laws and regulations and fostered the de-
velopment of state-of-the-art technology that allows 
for the responsible development of these resources 
for the benefit of its citizenry; 
(2) adjacent States are required by the cir-
cumstances to commit significant resources in sup-
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port of exploration, development, and production ac-
tivities for mineral resources on the outer Conti-
nental Shelf, and it is fair and proper for a portion 
of the receipts from such activities to be shared with 
Adjacent States and their local coastal governments; 
(3) the existing laws governing the leasing and 
production of the mineral resources of the outer 
Continental Shelf have reduced the production of 
mineral resources, have preempted Adjacent States 
from being sufficiently involved in the decisions re-
garding the allowance of mineral resource develop-
ment, and have been harmful to the national inter-
est; 
(4) the national interest is served by granting 
the Adjacent States more options related to whether 
or not mineral leasing should occur in the outer 
Continental Shelf within their Adjacent Zones; 
(5) it is not reasonably foreseeable that explo-
ration of a leased tract located more than 25 miles 
seaward of the coastline, development and produc-
tion of a natural gas discovery located more than 25 
miles seaward of the coastline, or development and 
production of an oil discovery located more than 50 
miles seaward of the coastline will adversely affect 
resources near the coastline; 
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(6) transportation of oil from a leased tract 
might reasonably be foreseen, under limited cir-
cumstances, to have the potential to adversely affect 
resources near the coastline if the oil is within 50 
miles of the coastline, but such potential to adversely 
affect such resources is likely no greater, and prob-
ably less, than the potential impacts from tanker 
transportation because tanker spills usually involve 
large releases of oil over a brief period of time; and 
(7) among other bodies of inland waters, the 
Great Lakes, Long Island Sound, Delaware Bay, 
Chesapeake Bay, Albemarle Sound, San Francisco 
Bay, and Puget Sound are not part of the outer 
Continental Shelf, and are not subject to leasing by 
the Federal Government for the exploration, develop-
ment, and production of any mineral resources that 
might lie beneath them. 
SEC. 203. DEFINITIONS UNDER THE SUBMERGED LANDS 
ACT. 
Section 2 of the Submerged Lands Act (43 U.S.C. 
1301) is amended— 
(1) in subparagraph (2) of paragraph (a) by 
striking all after ‘‘seaward to a line’’ and inserting 
‘‘twelve nautical miles distant from the coast line;’’; 
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(2) by striking paragraph (b) and redesignating 
the subsequent paragraphs in order as paragraphs 
(b) through (g); 
(3) by striking the semicolon at the end of each 
paragraph and inserting a period; and 
(4) by adding at the end the following: 
‘‘(i) The term ‘Secretary’ means the Secretary of the 
Interior. 
‘‘(j) The term ‘State’ has the meaning that term has 
in section 2(r) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331(r)).’’. 
SEC. 204. SEAWARD BOUNDARIES OF STATES. 
Section 4 of the Submerged Lands Act (43 U.S.C. 
1312) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘original’’; and 
(B) by striking ‘‘three geographical’’ and 
inserting ‘‘twelve nautical’’; and 
(2) by striking all after the first sentence and 
inserting the following: ‘‘Extension and delineation 
of lateral offshore State boundaries under this Act 
shall follow the lines used to determine the Adjacent 
Zones of coastal States under the Outer Continental 
Shelf Lands Act to the extent such lines extend 
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twelve nautical miles seaward from the nearest 
coastline.’’. 
SEC. 205. EXCEPTIONS FROM CONFIRMATION AND ESTAB-
LISHMENT OF STATES’ TITLE, POWER, AND 
RIGHTS. 
Section 5 of the Submerged Lands Act (43 U.S.C. 
1313) is amended— 
(1) by redesignating paragraphs (a) through (c) 
in order as paragraphs (1) through (3); 
(2) by inserting ‘‘(a)’’ before ‘‘There is ex-
cepted’’; and 
(3) by adding at the end the following: 
‘‘(b) EXCEPTION
OF
OIL
AND
GAS
MINERAL 
RIGHTS.—There is excepted from the operation of section 
3 all of the oil and gas mineral rights for lands beneath 
the navigable waters that are located within the extended 
offshore State seaward boundaries established under the 
second sentence of section 4. These oil and gas mineral 
rights shall remain Federal property and shall be consid-
ered to be part of the Federal outer Continental Shelf for 
purposes of the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.) and subject to leasing under the au-
thority of that Act and to laws applicable to the leasing 
of the oil and gas resources of the Federal outer Conti-
nental Shelf. All Federal oil and gas leases that are in 
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effect as of the date of the extension of offshore State sea-
ward boundaries under the second sentence of section 4 
shall continue unchanged by the provisions of this Act, ex-
cept as otherwise provided in SEACOR. However, a State 
may exercise all of its sovereign powers of taxation within 
the entire extent of its seaward State boundaries.’’. 
SEC. 206. DEFINITIONS UNDER THE OUTER CONTINENTAL 
SHELF LANDS ACT. 
Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended— 
(1) by amending paragraph (f) to read as fol-
lows: 
‘‘(f) The term ‘affected State’ means the Adjacent 
State.’’; 
(2) by striking the semicolon at the end of each 
of paragraphs (a) through (o) and inserting a pe-
riod; 
(3) by striking ‘‘; and’’ at the end of paragraph 
(p) and inserting a period; 
(4) by adding at the end the following: 
‘‘(r) The term ‘Adjacent State’ means, with respect 
to any program, plan, lease sale, leased tract or other ac-
tivity, proposed, conducted, or approved pursuant to the 
provisions of this Act, any State the laws of which are 
declared, pursuant to section 4(a)(2), to be the law of the 
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United States for the portion of the outer Continental 
Shelf on which such program, plan, lease sale, leased tract 
or activity appertains or is, or is proposed to be, con-
ducted. 
‘‘(s) The term ‘State’ includes all States having a 
coastline contiguous to the Arctic, Atlantic, or Pacific 
Oceans, or the Gulf of Mexico, the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, the Virgin Islands, American Samoa, Guam, the 
other territories of the United States, and the District of 
Columbia. 
‘‘(t) The term ‘Adjacent Zone’ means, with respect 
to any program, plan, lease sale, leased tract, or other ac-
tivity, proposed, conducted, or approved pursuant to the 
provisions of this Act, the portion of the outer Continental 
Shelf for which the laws of a particular Adjacent State 
are declared, pursuant to section 4(a)(2), to be the law 
of the United States. 
‘‘(u) The term ‘miles’ means statute miles. 
‘‘(v) The term ‘coastline’ has the same meaning as 
the term ‘coast line’ as defined in section 2(c) of the Sub-
merged Lands Act (43 U.S.C. 1301(c)). 
‘‘(w) The term ‘Neighboring State’ means a coastal 
State having a common boundary at the coastline with the 
Adjacent State.’’; and 
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(5) in paragraph (a), by inserting after ‘‘con-
trol’’ the following: ‘‘or lying within the United 
States’ Exclusive Economic Zone and outer Conti-
nental Shelf adjacent to the Commonwealth of Puer-
to Rico, the Commonwealth of the Northern Mar-
iana Islands, the Virgin Islands, American Samoa, 
Guam, or any other territory of the United States’’. 
SEC. 207. DETERMINATION OF ADJACENT ZONES AND 
PLANNING AREAS. 
Section 4(a)(2)(A) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 
first sentence by striking ‘‘, and the President’’ and all 
that follows through the end of the sentence and inserting 
the following: ‘‘. The lines extending seaward and defining 
each State’s Adjacent Zone, and each OCS Planning Area, 
are as indicated on the maps for each outer Continental 
Shelf region entitled ‘Alaska OCS Region State Adjacent 
Zone and OCS Planning Areas’, ‘Pacific OCS Region 
State Adjacent Zones and OCS Planning Areas’, ‘Gulf of 
Mexico OCS Region State Adjacent Zones and OCS Plan-
ning Areas’, and ‘Atlantic OCS Region State Adjacent 
Zones and OCS Planning Areas’, all of which are dated 
September 2005 and on file in the Office of the Director, 
Minerals Management Service. The Secretary shall des-
ignate the Adjacent Zones of States, and additional OCS 
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Planning Areas, for parts of the United States’ Exclusive 
Economic Zone and outer Continental Shelf not covered 
by those maps.’’. 
SEC. 208. ADMINISTRATION OF LEASING. 
Section 5 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1334) is amended by adding at the end the 
following: 
‘‘(k) VOLUNTARY PARTIAL RELINQUISHMENT OF A 
LEASE.—Any lessee of a producing lease may relinquish 
to the Secretary any portion of a lease that the lessee has 
no interest in producing and that the Secretary finds is 
geologically prospective. In return for any such relinquish-
ment, the Secretary shall provide to the lessee a royalty 
incentive for the portion of the lease retained by the lessee, 
in accordance with regulations promulgated by the Sec-
retary to carry out this subsection. The Secretary shall 
publish final regulations implementing this subsection 
within 365 days after the date of the enactment of the 
State Enhanced Authority for Coastal and Ocean Re-
sources Act of 2008. 
‘‘(l) NATURAL GAS LEASE REGULATIONS.—Not later 
than July 1, 2009, the Secretary shall publish a final regu-
lation that shall— 
‘‘(1) establish procedures for entering into nat-
ural gas leases; 
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‘‘(2) ensure that natural gas leases are only 
available for tracts on the outer Continental Shelf 
that are wholly within 75 miles of the coastline with-
in an area withdrawn from disposition by leasing on 
the day after the date of enactment of the State En-
hanced Authority for Coastal and Ocean Resources 
Act of 2008; 
‘‘(3) provide that natural gas leases shall con-
tain the same rights and obligations established for 
oil and gas leases, except as otherwise provided in 
the State Enhanced Authority for Coastal and 
Ocean Resources Act of 2008; 
‘‘(4) provide that, in reviewing the adequacy of 
bids for natural gas leases, the value of any crude 
oil estimated to be contained within any tract shall 
be excluded; 
‘‘(5) provide that any crude oil produced from 
a well and reinjected into the leased tract shall not 
be subject to payment of royalty, and that the Sec-
retary shall consider, in setting the royalty rates for 
a natural gas lease, the additional cost to the lessee 
of not producing any crude oil; and 
‘‘(6) provide that any Federal law that applies 
to an oil and gas lease on the outer Continental 
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Shelf shall apply to a natural gas lease unless other-
wise clearly inapplicable.’’. 
SEC. 209. GRANT OF LEASES BY SECRETARY. 
Section 8 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1337) is amended— 
(1) in subsection (a)(1) by inserting after the 
first sentence the following: ‘‘Further, the Secretary 
may grant natural gas leases in a manner similar to 
the granting of oil and gas leases and under the var-
ious bidding systems available for oil and gas 
leases.’’; 
(2) by adding at the end of subsection (b) the 
following: 
‘‘The Secretary may issue more than one lease for a given 
tract if each lease applies to a separate and distinct range 
of vertical depths, horizontal surface area, or a combina-
tion of the two. The Secretary may issue regulations that 
the Secretary determines are necessary to manage such 
leases consistent with the purposes of this Act.’’; 
(3) by amending subsection (p)(2)(B) to read 
as follows: 
‘‘(B) The Secretary shall provide for the 
payment to coastal States, and their local coast-
al governments, of 50 percent of Federal re-
ceipts from projects authorized under this sec-
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tion located within the area extending seaward 
of State submerged lands. Payments shall be 
based on a formula established by the Secretary 
by rulemaking no later than 180 days after the 
date of the enactment of the State Enhanced 
Authority for Coastal and Ocean Resources Act 
of 2008 that provides for equitable distribution 
among coastal States that have a coastline that 
is located within 200 miles of the geographic 
center of the project.’’; 
(4) by adding at the end the following: 
‘‘(q) NATURAL GAS LEASES.— 
‘‘(1) RIGHT
TO
PRODUCE
NATURAL
GAS.—A 
lessee of a natural gas lease shall have the right to 
produce the natural gas from a field on a natural 
gas leased tract if the Secretary estimates that the 
discovered field has at least 40 percent of the tech-
nically recoverable Btu content of the field contained 
within natural gas. 
‘‘(2) CRUDE OIL.—A lessee of a natural gas 
lease may produce crude oil from the lease unless 
the Governor and the legislature of the Adjacent 
State object to such production within 180 days 
after written notice from the lessee of intent to 
produce crude oil from the lease. If the leased tract 
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is located within 50 miles of the nearest point on the 
coastline of a Neighboring State, the Governor and 
legislature of the Neighboring State shall also re-
ceive such notice and have the right to object to 
such production within 180 days after receipt of 
such notice. 
‘‘(3) ESTIMATES OF BTU CONTENT.—The Sec-
retary shall make estimates of the natural gas Btu 
content of discovered fields on a natural gas lease 
only after the completion of at least one exploration 
well, the data from which has been tied to the re-
sults of a three-dimensional seismic survey of the 
field. The Secretary may not require the lessee to 
further delineate any discovered field prior to mak-
ing such estimates. 
‘‘(4) TRANSPORTATION OF CRUDE OIL.—If an 
Adjacent State or any applicable Neighboring State 
does not object to production of crude oil from a 
natural gas lease tract, the lessee shall be permitted 
to transport the crude oil from the leased tract 
through the Adjacent State’s waters, and the Neigh-
boring State’s waters if applicable, to facilities lo-
cated onshore in the Adjacent State, and Neigh-
boring State if applicable, unless the lessee agreed to 
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other arrangements with the Adjacent State or 
Neighboring State, or both. 
‘‘(5) REPURCHASE OF CERTAIN NATURAL GAS 
LEASES.—Upon request of the lessee and certifi-
cation by the Secretary of the Interior that a natural 
gas lease tract contains all or part of a commercial 
oil and gas discovery that is not allowed to be pro-
duced because it does not meet the standard set in 
paragraph (1), the Secretary of the Treasury shall 
repurchase the lease by issuance of a check or elec-
tronic payment from OCS Receipts to the lessee in 
full compensation for the repurchase. The Secretary 
shall recoup from the State and local governments 
any funds previously shared with them that were de-
rived from the repurchased lease. Such recoupment 
shall only be from the State and local governments’ 
shares of OCS receipts that are payable after the 
date of repurchase. 
‘‘(6) AMOUNT OF COMPENSATION.—Repurchase 
compensation for each lease repurchased under the 
authority of this section shall be in the amount of 
the lesser of the original bonus bid paid for the lease 
or, if the lessee is not the original lessee, the com-
pensation paid by the current lessee to obtain its in-
terest in the lease. In addition, the lessee shall be 
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compensated for any expenses directly attributable 
to the lease that the lessee incurs after acquisition 
of its interest in the lease to be repurchased, includ-
ing rentals, seismic acquisition costs, drilling costs, 
and other reasonable expenses under the lease, in-
cluding expenses incurred in the repurchase process, 
to the extent that the lessee has not previously been 
compensated by the United States for such expenses. 
The lessee shall not be compensated for general 
overhead expenses or employee salaries. 
‘‘(7) PRIORITY RIGHT TO OBTAIN FUTURE OIL 
AND GAS LEASE.—The lessee, or a designee of the 
lessee, of a repurchased natural gas leased tract 
shall have the right to repurchase such lease as an 
oil and gas lease, on a noncompetitive basis, by re-
paying the amount received by the lessee if the 
leased tract is made available for lease under an oil 
and gas lease within 30 years after the repurchase. 
‘‘(8) DEFINITION OF NATURAL GAS.—For pur-
poses of a natural gas lease, the term ‘natural gas’ 
means natural gas and all substances produced in 
association with gas, including, but not limited to, 
hydrocarbon liquids (other than crude oil) that are 
obtained by the condensation of hydrocarbon vapors 
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and that separate out in liquid form from the pro-
duced gas stream. 
‘‘(r) REMOVAL OF RESTRICTIONS ON JOINT BIDDING 
IN
CERTAIN
AREAS
OF
THE
OUTER
CONTINENTAL 
SHELF.—Restrictions on joint bidders shall no longer 
apply to tracts determined to be ‘frontier tracts’ or other-
wise ‘high cost tracts’ under final regulations that shall 
be published by the Secretary by not later than 365 days 
after the date of the enactment of the State Enhanced 
Authority for Coastal and Ocean Resources Act of 2008. 
‘‘(s) ROYALTY SUSPENSION PROVISIONS.—The Sec-
retary shall agree to a request by any lessee to amend 
any lease issued for Central and Western Gulf of Mexico 
tracts during the period of December 1, 1995, through 
December 31, 2000, to incorporate price thresholds appli-
cable to royalty suspension provisions, or amend existing 
price thresholds, in the amount of $34.73 per barrel (Jan-
uary 1, 2005, dollars) for oil and for natural gas of $4.34 
per million Btu (January 1, 2005, dollars). Any royalties 
paid because of such new or revised price thresholds shall 
be treated as offsetting receipts. Any royalties paid under 
lease price thresholds agreed to after the date of enact-
ment of the State Enhanced Authority for Coastal and 
Ocean Resources Act of 2008 shall be subject to imme-
diate receipts sharing under section 9(b)(3). 
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‘‘(t) MANDATORY PRICE THRESHOLDS FOR ROYALTY 
SUSPENSION VOLUMES.—Price thresholds shall apply to 
any royalty suspension volumes granted by the Secretary 
after the date of the enactment of the State Enhanced 
Authority for Coastal and Ocean Resources Act of 2008. 
Unless otherwise set by the Secretary by regulation or for 
a particular lease sale within the final notice of sale, the 
price thresholds shall be $34.73 per barrel of oil (January 
1, 2005, dollars) and $4.34 per million Btu of natural gas 
(January 1, 2005, dollars). 
‘‘(u) CONSERVATION
OF RESOURCES FEES.—The 
Secretary shall establish a conservation of resources fee 
for nonproducing leases that will apply to all new leases 
issued after the date of enactment of the State Enhanced 
Authority for Coastal and Ocean Resources Act of 2008. 
The fee shall be initially set at $1.00 per acre per year 
for the first year of a lease and shall increase by $1 per 
acre per year until the fee reaches $5.00 per acre per year 
and shall be paid each year until the lease enters produc-
tion in paying quantities. The fee shall be treated as off-
setting receipts. The sums generated by the fee shall not 
be subject to receipts sharing under section 9 and shall 
be transferred by the Secretary of the Interior to the 
Treasury with one-third allocated to the account estab-
lished by section 217 of the State Enhanced Authority for 
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Coastal and Ocean Resources Act of 2008, one-third allo-
cated to the account established by section 225 of the 
State Enhanced Authority for Coastal and Ocean Re-
sources Act of 2008, and one-third allocated to the ac-
count established by section 227 of the State Enhanced 
Authority for Coastal and Ocean Resources Act of 2008. 
‘‘(v) VOLUNTARY PRODUCING LEASE CONSERVATION 
OF RESOURCES FEES.—Not later than one year after the 
date of the enactment of SEACOR, the Secretary by regu-
lation shall establish a voluntary conservation of resources 
fee for producing leases that will apply to Central and 
Western Gulf of Mexico leases issued for tracts during the 
period of December 1, 1995, through December 31, 2000, 
that are located in more than 200 meters of water and 
for which royalties are not due under the lease when prices 
exceed $34.73 per barrel for oil and $4.34 per million Btu 
for natural gas (January 1, 2005, dollars). The fee shall 
be set at $9 per barrel for oil and $1.25 per million Btu 
for gas. If the lessee agrees to pay the fee, it shall apply 
to production from and after October 1, 2008, for all such 
leases owned by the lessee and shall be treated as offset-
ting receipts. Once the lessee agrees to pay the fee, it shall 
become a binding part of the lease and may not be re-
scinded and shall only apply to any production volumes 
for which royalty does not apply. Any fees paid under this 
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clause shall be subject to immediate receipts sharing under 
section 9(b)(3).’’; 
(5) in subsection (a)(3) by striking subpara-
graph (A) and redesignating the subsequent sub-
paragraphs as subparagraphs (A) and (B), respec-
tively; 
(6) in subsection (a)(3)(A) (as so redesignated) 
by striking ‘‘In the Western’’ and all that follows 
through ‘‘the Secretary’’ the first place it appears 
and inserting ‘‘The Secretary’’; 
(7) effective October 1, 2008, in subsection 
(g)— 
(A) by striking all after ‘‘(g)’’, except para-
graph (3); 
(B) by striking the last sentence of para-
graph (3); and 
(C) by striking ‘‘(3)’’; and 
(8) by striking subsection (m). 
SEC. 210. DISPOSITION OF RECEIPTS. 
Section 9 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1338) is amended— 
(1) by designating the existing text as sub-
section (a); 
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(2) in subsection (a) (as so designated) by in-
serting ‘‘, if not paid as otherwise provided in this 
title’’ after ‘‘receipts’’; and 
(3) by adding at the end the following: 
‘‘(b) TREATMENT OF OCS RECEIPTS.— 
‘‘(1) DEPOSIT.—The Secretary shall deposit 
into a separate account in the Treasury the portion 
of OCS Receipts for each fiscal year that will be 
shared under paragraphs (2), (3), and (4). 
‘‘(2) PHASED-IN RECEIPTS SHARING.— 
‘‘(A) Beginning October 1, 2008, the Sec-
retary shall share OCS Receipts derived from 
lease tracts located completely beyond 4 marine 
leagues from any coastline in the following 
areas: 
‘‘(i) On portions of the Gulf of Mexico 
OCS Region that were available for leasing 
under the 2002 through 2007 5-Year OCS 
Oil and Gas Leasing Program. 
‘‘(ii) Lease tracts in production prior 
to October 1, 2008, located on portions of 
the OCS that were not available for leasing 
under the 2002 through 2007 5-Year OCS 
Oil and Gas Leasing Program. 
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‘‘(iii) Lease tracts for which leases are 
issued prior to October 1, 2008, located in 
the Alaska OCS Region completely beyond 
4 marine leagues from any coastline. 
‘‘(B) The Secretary shall share the fol-
lowing percentages of OCS Receipts from the 
lease tracts described in subparagraph (A) de-
rived during the fiscal year indicated: 
‘‘(i) For fiscal year 2009, 4 percent. 
‘‘(ii) For fiscal year 2010, 5 percent. 
‘‘(iii) For fiscal year 2011, 6 percent. 
‘‘(iv) For fiscal year 2012, 7 percent. 
‘‘(v) For fiscal year 2013, 8 percent. 
‘‘(vi) For fiscal year 2014, 9 percent. 
‘‘(vii) For fiscal year 2015, 10 per-
cent. 
‘‘(viii) For fiscal year 2016, 11 per-
cent. 
‘‘(ix) For fiscal year 2017, 12 percent. 
‘‘(x) For fiscal year 2018 and each 
subsequent fiscal year, 50 percent. 
‘‘(C) This paragraph shall not apply to 
leases that could not have been issued but for 
section 5(k) of this Act or section 8(b) of this 
Act. 
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‘‘(3) IMMEDIATE RECEIPTS SHARING.—Begin-
ning October 1, 2008, the Secretary shall share 50 
percent of OCS Receipts derived from all lease 
tracts located completely beyond 4 marine leagues 
from any coastline not included within the provisions 
of paragraph (2), except that the Secretary shall 
only share 25 percent of such OCS Receipts derived 
from all such lease tracts within a State’s Adjacent 
Zone if leasing is not allowed within at least 25 per-
cent of that State’s Adjacent Zone located com-
pletely within 75 miles of any coastline. 
‘‘(4) RECEIPTS SHARING FROM TRACTS WITHIN 
4 MARINE LEAGUES OF ANY COASTLINE.— 
‘‘(A) AREAS
DESCRIBED
IN
PARAGRAPH 
(2).—Beginning October 1, 2008, and con-
tinuing through September 30, 2013, the Sec-
retary shall share with the Adjacent State and 
its coastal political subdivisions 25 percent of 
OCS Receipts derived from all lease tracts lo-
cated within 4 marine leagues from any coast-
line within areas described in paragraph (2). 
For each fiscal year after September 30, 2013, 
the Secretary shall increase the percent shared 
in 2 percent increments each fiscal year until 
the sharing rate for all lease tracts located 
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within 4 marine leagues from any coastline 
within areas described in paragraph (2) be-
comes 50 percent. 
‘‘(B) AREAS
NOT
DESCRIBED
IN
PARA-
GRAPH
(2).—Beginning October 1, 2008, the 
Secretary shall share with the Adjacent State 
and its coastal political subdivisions 50 percent 
of OCS receipts derived from all lease tracts lo-
cated completely or partially within 4 marine 
leagues from any coastline within areas not de-
scribed in paragraph (2). 
‘‘(C) TRANSMISSION
OF
FUNDS.—Trans-
mission of funds shared under this paragraph 
shall be in accordance with subsection (c). 
‘‘(5) ALLOCATIONS.—The Secretary shall allo-
cate the OCS Receipts deposited into the separate 
account established by paragraph (1) that are 
shared under paragraphs (2) and (3), as follows: 
‘‘(A) BONUS BIDS.—Deposits derived from 
bonus bids from a leased tract, including inter-
est thereon, shall be allocated at the end of 
each fiscal year as follows: 
‘‘(i) 50 percent to the Adjacent State. 
‘‘(ii) 15 percent to all States, includ-
ing the Adjacent State, having a coastline 
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point within 300 miles of the leased tract, 
divided equally, if such State allows leasing 
within at least 25 percent of its Adjacent 
Zone within 75 miles of the coastline. 
‘‘(iii) 5 percent into the Treasury, 
which shall be allocated to the account es-
tablished by section 217 of the State En-
hanced Authority for Coastal and Ocean 
Resources Act of 2008. 
‘‘(iv) 5 percent into the Treasury, 
which shall be allocated to the account es-
tablished by section 225 of the State En-
hanced Authority for Coastal and Ocean 
Resources Act of 2008. 
‘‘(v) 5 percent into the Treasury, 
which shall be allocated to the account es-
tablished by section 227 of the State En-
hanced Authority for Coastal and Ocean 
Resources Act of 2008. 
‘‘(vi) 5 percent to all States referred 
to in section 2(s) of this Act, the other 
States that have been admitted to the 
Union, and the District of Columbia, di-
vided equally. 
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‘‘(vii) 5 percent to all States referred 
to in section 2(s) of this Act, the other 
States that have been admitted to the 
Union, and the District of Columbia, di-
vided based on the percentage of the total 
population of the United States that re-
sides in each. 
‘‘(viii) 10 percent to the Low-Income 
Home Energy Assistance Program. 
‘‘(B) ROYALTIES.—Deposits derived from 
royalties and net profit shares from a leased 
tract, including interest thereon, shall be allo-
cated at the end of each fiscal year as follows: 
‘‘(i) 30 percent to the Adjacent State. 
‘‘(ii) 35 percent to all States, includ-
ing the Adjacent State, having a coastline 
point within 300 miles of the leased tract, 
divided equally, except this clause applies 
to a State only if such State allows leasing 
within at least 25 percent of its Adjacent 
Zone within 75 miles of the coastline. 
‘‘(iii) 5 percent into the Treasury, 
which shall be allocated to the account es-
tablished by section 217 of the State En-
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hanced Authority for Coastal and Ocean 
Resources Act of 2008. 
‘‘(iv) 5 percent into the Treasury, 
which shall be allocated to the account es-
tablished by section 225 of the State En-
hanced Authority for Coastal and Ocean 
Resources Act of 2008. 
‘‘(v) 5 percent into the Treasury, 
which shall be allocated to the account es-
tablished by section 227 of the State En-
hanced Authority for Coastal and Ocean 
Resources Act of 2008. 
‘‘(vi) 5 percent to all States referred 
to in section 2(s) of this Act and the other 
States that have been admitted to the 
Union, divided equally. 
‘‘(vii) 5 percent to all States referred 
to in section 2(s) of this Act and the other 
States that have been admitted to the 
Union, divided based on the percentage of 
the national population that resides in 
each. 
‘‘(viii) 10 percent to the Low-Income 
Home Energy Assistance Program. 
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‘‘(C) LIMITATION
IF
NOT
ADMITTED
TO 
THE UNION AS A STATE.—Any entity defined as 
a ‘State’ under section 2(s) that has not been 
admitted to the Union as a State shall only be 
entitled to one-half of a State share under sub-
paragraphs (A)(iv) and (B)(iv). 
‘‘(c) TRANSMISSION OF ALLOCATIONS.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the end of each fiscal year, the Secretary shall 
transmit— 
‘‘(A) to each State 60 percent of such 
State’s allocations under subsection (b)(5)(A)(i) 
and (ii) and subsection (b)(5)(B)(i) and (ii) for 
the immediate prior fiscal year; 
‘‘(B) to each coastal county-equivalent and 
municipal political subdivisions of such State a 
total of 40 percent of such State’s allocations 
under subsection (b)(5)(A)(i) and (ii) and sub-
section (b)(5)(B)(i) and (ii), for the immediate 
prior fiscal year, together with all accrued inter-
est thereon; and 
‘‘(C) the remaining allocations under sub-
section (b)(5), together with all accrued interest 
thereon. 
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‘‘(2) ALLOCATIONS
TO
COASTAL
COUNTY- 
EQUIVALENT
POLITICAL
SUBDIVISIONS.—The Sec-
retary shall make an initial allocation of the OCS 
Receipts to be shared under paragraph (1)(B) as fol-
lows: 
‘‘(A) 25 percent shall be allocated to coast-
al county-equivalent political subdivisions that 
are completely more than 25 miles landward of 
the coastline and at least a part of which lies 
not more than 75 miles landward from the 
coastline, with the allocation among such coast-
al county-equivalent political subdivisions based 
on population. 
‘‘(B) 75 percent shall be allocated to coast-
al county-equivalent political subdivisions that 
are completely or partially less than 25 miles 
landward of the coastline, with the allocation 
among such coastal county-equivalent political 
subdivisions to be further allocated as follows: 
‘‘(i) 25 percent shall be allocated 
based on the ratio of such coastal county- 
equivalent political subdivision’s population 
to the coastal population of all coastal 
county-equivalent political subdivisions in 
the State. 
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‘‘(ii) 25 percent shall be allocated 
based on the ratio of such coastal county- 
equivalent political subdivision’s coastline 
miles to the coastline miles of all coastal 
county-equivalent political subdivisions in 
the State as calculated by the Secretary. 
In such calculations, coastal county-equiva-
lent political subdivisions without a coast-
line shall be considered to have 50 percent 
of the average coastline miles of the coast-
al county-equivalent political subdivisions 
that do have coastlines. 
‘‘(iii) 50 percent shall be allocated 
equally to all coastal county-equivalent po-
litical subdivisions having a coastline point 
within 300 miles of the leased tract for 
which OCS Receipts are being shared. 
‘‘(3) ALLOCATIONS TO COASTAL MUNICIPAL PO-
LITICAL
SUBDIVISIONS.—The initial allocation to 
each coastal county-equivalent political subdivision 
under paragraph (2) shall be further allocated to the 
coastal county-equivalent political subdivision and 
any coastal municipal political subdivisions located 
partially or wholly within the boundaries of the 
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coastal county-equivalent political subdivision as fol-
lows: 
‘‘(A) One-third shall be allocated to the 
coastal county-equivalent political subdivision. 
‘‘(B) Two-thirds shall be allocated on a per 
capita basis to the municipal political subdivi-
sions and the county-equivalent political sub-
division, with the allocation to the latter based 
upon its population not included within the 
boundaries of a municipal political subdivision. 
‘‘(d) INVESTMENT OF DEPOSITS.—Amounts depos-
ited under this section shall be invested by the Secretary 
of the Treasury in securities backed by the full faith and 
credit of the United States having maturities suitable to 
the needs of the account in which they are deposited and 
yielding the highest reasonably available interest rates as 
determined by the Secretary of the Treasury. 
‘‘(e) USE OF FUNDS.—A recipient of funds under 
this section may use the funds for one or more of the fol-
lowing: 
‘‘(1) To reduce in-State college tuition at public 
institutions of higher learning and otherwise support 
public education, including career technical edu-
cation. 
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‘‘(2) To make transportation infrastructure im-
provements. 
‘‘(3) To reduce taxes. 
‘‘(4) To promote, fund, and provide for— 
‘‘(A) coastal or environmental restoration; 
‘‘(B) fish, wildlife, and marine life habitat 
enhancement; 
‘‘(C) waterways construction and mainte-
nance; 
‘‘(D) levee construction and maintenance 
and shore protection; and 
‘‘(E) marine and oceanographic education 
and research. 
‘‘(5) To promote, fund, and provide for— 
‘‘(A) infrastructure associated with energy 
production activities conducted on the outer 
Continental Shelf; 
‘‘(B) energy demonstration projects; 
‘‘(C) supporting infrastructure for shore- 
based energy projects; 
‘‘(D) State geologic programs, including 
geologic mapping and data storage programs, 
and State geophysical data acquisition; 
‘‘(E) State seismic monitoring programs, 
including operation of monitoring stations; 
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‘‘(F) development of oil and gas resources 
through enhanced recovery techniques; 
‘‘(G) alternative energy development, in-
cluding bio fuels, coal-to-liquids, oil shale, tar 
sands, geothermal, geopressure, wind, waves, 
currents, hydro, and other renewable energy; 
‘‘(H) energy efficiency and conservation 
programs; and 
‘‘(I) front-end engineering and design for 
facilities that produce liquid fuels from hydro-
carbons and other biological matter. 
‘‘(6) To promote, fund, and provide for— 
‘‘(A) historic preservation programs and 
projects; 
‘‘(B) natural disaster planning and re-
sponse; and 
‘‘(C) hurricane and natural disaster insur-
ance programs. 
‘‘(7) For any other purpose as determined by 
State law. 
‘‘(f) NO ACCOUNTING REQUIRED.—No recipient of 
funds under this section shall be required to account to 
the Federal Government for the expenditure of such 
funds, except as otherwise may be required by law. How-
ever, States may enact legislation providing for accounting 
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for and auditing of such expenditures. Further, funds allo-
cated under this section to States and political subdivi-
sions may be used as matching funds for other Federal 
programs. 
‘‘(g) EFFECT OF FUTURE LAWS.—Enactment of any 
future Federal statute that has the effect, as determined 
by the Secretary, of restricting any Federal agency from 
spending appropriated funds, or otherwise preventing it 
from fulfilling its pre-existing responsibilities as of the 
date of enactment of the statute, unless such responsibil-
ities have been reassigned to another Federal agency by 
the statute with no prevention of performance, to issue 
any permit or other approval impacting on the outer Con-
tinental Shelf oil and gas leasing program, or any lease 
issued thereunder, or to implement any provision of this 
Act shall automatically prohibit any sharing of OCS Re-
ceipts under this section directly with the States, and their 
coastal political subdivisions, for the duration of the re-
striction. The Secretary shall make the determination of 
the existence of such restricting effect within 30 days of 
a petition by any outer Continental Shelf lessee or pro-
ducing State. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) COASTAL COUNTY-EQUIVALENT POLITICAL 
SUBDIVISION.—The term ‘coastal county-equivalent 
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political subdivision’ means a political jurisdiction 
immediately below the level of State government, in-
cluding a county, parish, borough in Alaska, inde-
pendent municipality not part of a county, parish, or 
borough in Alaska, or other equivalent subdivision of 
a coastal State, that lies within the coastal zone. 
‘‘(2) COASTAL MUNICIPAL POLITICAL SUBDIVI-
SION.—The term ‘coastal municipal political subdivi-
sion’ means a municipality located within and part 
of a county, parish, borough in Alaska, or other 
equivalent subdivision of a State, all or part of which 
municipality lies within the coastal zone. 
‘‘(3) COASTAL POPULATION.—The term ‘coastal 
population’ means the population of all coastal coun-
ty-equivalent political subdivisions, as determined by 
the most recent official data of the Census Bureau. 
‘‘(4) COASTAL ZONE.—The term ‘coastal zone’ 
means that portion of a coastal State, including the 
entire territory of any coastal county-equivalent po-
litical subdivision at least a part of which lies, within 
75 miles landward from the coastline. 
‘‘(5) BONUS
BIDS.—The term ‘bonus bids’ 
means all funds received by the Secretary to issue 
an outer Continental Shelf minerals lease. 
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‘‘(6) ROYALTIES.—The term ‘royalties’ means 
all funds received by the Secretary from production 
of oil or natural gas, or the sale of production taken 
in-kind, or from net profit shares, from an outer 
Continental Shelf minerals lease. 
‘‘(7) PRODUCING STATE.—The term ‘producing 
State’ means an Adjacent State having an Adjacent 
Zone containing leased tracts from which OCS Re-
ceipts were derived. 
‘‘(8) OCS RECEIPTS.—The term ‘OCS Receipts’ 
means bonus bids and royalties.’’. 
SEC. 211. REVIEW OF OUTER CONTINENTAL SHELF EXPLO-
RATION PLANS. 
Subsections (c) and (d) of section 11 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1340) are amend-
ed to read as follows: 
‘‘(c) PLAN REVIEW; PLAN PROVISIONS.— 
‘‘(1) Except as otherwise provided in this Act, 
prior to commencing exploration pursuant to any oil 
and gas lease issued or maintained under this Act, 
the holder thereof shall submit an exploration plan 
(hereinafter in this section referred to as a ‘plan’) to 
the Secretary for review which shall include all infor-
mation and documentation required under para-
graphs (2) and (3). The Secretary shall review the 
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plan for completeness within 10 days of submission. 
If the Secretary finds that the plan is not complete, 
the Secretary shall notify the lessee with a detailed 
explanation and require such modifications of such 
plan as are necessary to achieve completeness. The 
Secretary shall have 10 days to review a modified 
plan for completeness. Such plan may apply to more 
than one lease held by a lessee in any one region of 
the outer Continental Shelf, or by a group of lessees 
acting under a unitization, pooling, or drilling agree-
ment, and the lessee shall certify that such plan is 
consistent with the terms of the lease and is con-
sistent with all statutory and regulatory require-
ments in effect on the date of issuance of the lease, 
and any regulations promulgated under this Act to 
provide for the conservation of resources after the 
date of the lease issuance. The Secretary shall have 
30 days from the date the plan is deemed by the 
Secretary complete to conduct a review of the plan. 
If the Secretary finds the plan is not consistent with 
the lease and all such statutory and regulatory re-
quirements, the Secretary shall notify the lessee with 
a detailed explanation of such modifications of such 
plan as are necessary to achieve such consistency. 
The Secretary shall have 30 days to review any 
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modified plan submitted by the lessee. The lessee 
shall not take any action under the exploration plan 
within the 30-day review period, or thereafter until 
the plan has been modified to achieve such consist-
ency as so notified. 
‘‘(2) An exploration plan submitted under this 
subsection shall include, in the degree of detail 
which the Secretary may by regulation require— 
‘‘(A) a schedule of anticipated exploration 
activities to be undertaken; 
‘‘(B) a description of equipment to be used 
for such activities; 
‘‘(C) the general location of each well to be 
drilled; and 
‘‘(D) such other information deemed perti-
nent by the Secretary. 
‘‘(3) The Secretary may, by regulation, require 
that such plan be accompanied by a general state-
ment of development and production intentions 
which shall be for planning purposes only and which 
shall not be binding on any party. 
‘‘(d) PLAN REVISIONS; CONDUCT OF EXPLORATION 
ACTIVITIES.— 
‘‘(1) PLAN REVISIONS.—If a significant revision 
of an exploration plan under this subsection is sub-
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mitted to the Secretary, the process to be used for 
the review of such revision shall be the same as set 
forth in subsection (c). 
‘‘(2) EXPLORATION
ACTIVITIES.—All explo-
ration activities pursuant to any lease shall be con-
ducted in accordance with an exploration plan or a 
revised plan that has been submitted to and re-
viewed by the Secretary.’’. 
SEC. 212. RESERVATION OF LANDS AND RIGHTS. 
Section 12 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1341) is amended— 
(1) in subsection (a) by adding at the end the 
following: ‘‘The President may partially or com-
pletely revise or revoke any prior withdrawal made 
by the President under the authority of this section. 
The President may not revise or revoke a withdrawal 
that is extended by a State under subsection (h), nor 
may the President withdraw from leasing any area 
for which a State failed to prohibit, or petition to 
prohibit, leasing under subsection (g). Further, in 
the area of the outer Continental Shelf more than 
75 miles from any coastline, not more than 25 per-
cent of the acreage of any OCS Planning Area may 
be withdrawn from leasing under this section at any 
point in time. A withdrawal by the President may be 
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for a term not to exceed 5 years. Except when other-
wise provided by law, when considering potential 
uses of the outer Continental Shelf, to the maximum 
extent possible, the President shall accommodate 
competing interests and potential uses.’’; and 
(2) by adding at the end the following: 
‘‘(g) AVAILABILITY FOR LEASING WITHIN CERTAIN 
AREAS OF THE OUTER CONTINENTAL SHELF.— 
‘‘(1) PROHIBITION AGAINST LEASING.— 
‘‘(A) UNAVAILABLE
FOR
LEASING
WITH-
OUT
STATE
REQUEST.—Except as otherwise 
provided in this subsection, from and after en-
actment of the State Enhanced Authority for 
Coastal and Ocean Resources Act of 2008, the 
Secretary shall not offer for leasing for oil and 
gas, or natural gas, any area within 35 miles of 
the coastline that was withdrawn from disposi-
tion by leasing in the Atlantic OCS Region or 
the Pacific OCS Region, or the Gulf of Mexico 
OCS Region Eastern Planning Area, as de-
picted on the maps referred to in this subpara-
graph, under the Memorandum on Withdrawal 
of Certain Areas of the United States Outer 
Continental Shelf from Leasing Disposition, 34 
Weekly Comp. Pres. Doc. 1111, dated June 12, 
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1998, or any area within 35 miles of the coast-
line not withdrawn from leasing under that 
Memorandum that is included within the terri-
torial waters and Exclusive Economic Zone ad-
jacent to the Commonwealth of Puerto Rico, 
the Commonwealth of the Northern Mariana Is-
lands, the Virgin Islands, American Samoa, 
Guam, and the other territories of the United 
States, or any area within 35 miles of the 
coastline within the Florida Straits Planning 
Area as indicated on the map entitled ‘Atlantic 
OCS Region State Adjacent Zones and OCS 
Planning Areas’, which is dated September 
2005 and on file in the Office of the Director, 
Minerals Management Service. 
‘‘(B) AREAS BETWEEN 35 AND 75 MILES 
FROM
THE
COASTLINE.—Unless an Adjacent 
State petitions under subsection (h) within one 
year after the date of the enactment of the 
State Enhanced Authority for Coastal and 
Ocean Resources Act of 2008 for natural gas 
leasing or within three years after date of en-
actment of that Act for oil and gas leasing, the 
Secretary shall offer for leasing any area more 
than 35 miles but less than 75 miles from the 
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coastline that was withdrawn from disposition 
by leasing in the Atlantic OCS Region, the Pa-
cific OCS Region, or the Gulf of Mexico OCS 
Region Eastern Planning Area, as depicted on 
the maps referred to in this subparagraph, 
under the Memorandum on Withdrawal of Cer-
tain Areas of the United States Outer Conti-
nental Shelf from Leasing Disposition, 34 
Weekly Comp. Pres. Doc. 1111, dated June 12, 
1998, or any area more than 35 miles but less 
than 75 miles of the coastline not withdrawn 
under that Memorandum that is included with-
in the Exclusive Economic Zone adjacent to the 
Commonwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands, the 
Virgin Islands, American Samoa, Guam, and 
the other territories of the United States, or 
any area more than 35 miles but less than 75 
miles of the coastline within the Florida Straits 
Planning Area as indicated on the map entitled 
‘Atlantic OCS Region State Adjacent Zones and 
OCS Planning Areas’, which is dated Sep-
tember 2005 and on file in the Office of the Di-
rector, Minerals Management Service. 
‘‘(2) PETITION FOR LEASING.— 
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‘‘(A) IN GENERAL.—The Governor of the 
State, upon enactment of a State statute pro-
viding for such, shall submit to the Secretary a 
petition requesting that the Secretary make 
available any area that is within the State’s Ad-
jacent Zone, included within the provisions of 
paragraph (1), and that (i) is greater than 35 
miles from any point on the coastline of a 
Neighboring State for the conduct of offshore 
leasing, pre-leasing, and related activities with 
respect to natural gas leasing; or (ii) is greater 
than 50 miles from any point on the coastline 
of a Neighboring State for the conduct of off-
shore leasing, pre-leasing, and related activities 
with respect to oil and gas leasing. The Adja-
cent State may also petition for leasing any 
other area within its Adjacent Zone if leasing is 
allowed in the similar area of the Adjacent 
Zone of the applicable Neighboring State, or if 
not allowed, if the Neighboring State, acting 
through its Governor, expresses its concurrence 
with the petition. The Secretary shall only con-
sider such a petition upon making a finding 
that leasing is allowed in the similar area of the 
Adjacent Zone of the applicable Neighboring 
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State or upon receipt of the concurrence of the 
Neighboring State. The date of receipt by the 
Secretary of such concurrence by the Neigh-
boring State shall constitute the date of receipt 
of the petition for that area for which the con-
currence applies. 
‘‘(B) LIMITATIONS
ON
LEASING.—In its 
petition, a State with an Adjacent Zone that 
contains leased tracts may condition new leas-
ing for oil and gas, or natural gas for tracts 
within 35 miles of the coastline by— 
‘‘(i) requiring a net reduction in the 
number of production platforms; 
‘‘(ii) requiring a net increase in the 
average distance of production platforms 
from the coastline; 
‘‘(iii) limiting permanent surface occu-
pancy on new leases to areas that are more 
than 10 miles from the coastline; 
‘‘(iv) limiting some tracts to being 
produced from shore or from platforms lo-
cated on other tracts; or 
‘‘(v) other conditions that the Adja-
cent State may deem appropriate as long 
as the Secretary does not determine that 
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production is made economically or tech-
nically impracticable or otherwise impos-
sible. 
‘‘(C) ACTION BY SECRETARY.—Not later 
than 90 days after receipt of a petition under 
subparagraph (A), the Secretary shall approve 
the petition, unless the Secretary determines 
that leasing the area would probably cause seri-
ous harm or damage to the marine resources of 
the State’s Adjacent Zone. Prior to approving 
the petition, the Secretary shall complete an en-
vironmental assessment that documents the an-
ticipated environmental effects of leasing in the 
area included within the scope of the petition. 
‘‘(D) FAILURE TO ACT.—If the Secretary 
fails to approve or deny a petition in accordance 
with subparagraph (C) the petition shall be con-
sidered to be approved 90 days after receipt of 
the petition. 
‘‘(E) AMENDMENT OF THE 5-YEAR LEAS-
ING
PROGRAM.—Notwithstanding section 18, 
within 180 days of the approval of a petition 
under subparagraph (C) or (D), after the expi-
ration of the time limits in paragraph (1)(B), 
and within 180 days after the enactment of the 
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State Enhanced Authority for Coastal and 
Ocean Resources Act of 2008 for the areas 
made available for leasing under paragraph (2), 
the Secretary shall amend the current 5-Year 
Outer Continental Shelf Oil and Gas Leasing 
Program to include a lease sale or sales for at 
least 75 percent of the associated areas, unless 
there are, from the date of approval, expiration 
of such time limits, or enactment, as applicable, 
fewer than 12 months remaining in the current 
5-Year Leasing Program in which case the Sec-
retary shall include the associated areas within 
lease sales under the next 5-Year Leasing Pro-
gram. For purposes of amending the 5-Year 
Program in accordance with this section, fur-
ther consultations with States shall not be re-
quired. For purposes of this section, an environ-
mental assessment performed under the provi-
sions of the National Environmental Policy Act 
of 1969 to assess the effects of approving the 
petition shall be sufficient to amend the 5-Year 
Leasing Program. 
‘‘(h) OPTION
TO
EXTEND
WITHDRAWAL
FROM 
LEASING WITHIN CERTAIN AREAS OF THE OUTER CON-
TINENTAL SHELF.—A State, through enactment of a 
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State statute, may extend for a period of time of up to 
5 years for each extension the withdrawal from leasing for 
all or part of any area within the State’s Adjacent Zone 
located more than 35 miles, but less than 75 miles, from 
the coastline that is subject to subsection (g)(1)(B). A 
State may extend multiple times for any particular area 
but not more than once per calendar year for any par-
ticular area, nor may a State extend the withdrawal for 
an area to cause it to extend to a total of more than 5 
years from the date of concurrence by the legislature. A 
State must prepare separate extensions, with enactment 
of separate State statutes, for oil and gas leasing and for 
natural gas leasing. An extension by a State may affect 
some areas to be withdrawn from all leasing and some 
areas to be withdrawn only from one type of leasing. 
‘‘(i) EFFECT OF OTHER LAWS.—Adoption by any 
Adjacent State of any constitutional provision, or enact-
ment of any State statute, that has the effect, as deter-
mined by the Secretary, of restricting either the Governor 
or the Legislature, or both, from exercising full discretion 
related to subsection (g) or (h), or both, shall automati-
cally (1) prohibit any sharing of OCS Receipts under this 
Act with the Adjacent State, and its coastal political sub-
divisions, and (2) prohibit the Adjacent State from exer-
cising any authority under subsection (h), for the duration 
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of the restriction. The Secretary shall make the determina-
tion of the existence of such restricting constitutional pro-
vision or State statute within 30 days of a petition by any 
outer Continental Shelf lessee or any State. 
‘‘(j) AREA OF THE GULF OF MEXICO EAST OF THE 
MILITARY MISSION LINE.— 
‘‘(1) IN GENERAL.—When preparing the leasing 
program under section 18, the Secretary shall con-
sult with the Secretary of Defense regarding military 
operational needs in the area of the Gulf of Mexico 
East of the Military Mission Line. The Secretary 
shall not offer for leasing for oil and gas or natural 
gas any part of that area for which the Secretary of 
Defense finds oil and gas operations cannot, or can-
not be modified to, compatibly coexist with military 
operations. If any part of the area described in this 
paragraph is leased, 50 percent of the OCS Receipts 
from a lease within such area shall be paid under 
section 9 and the other 50 percent shall be paid an-
nually to the National Guards of all States, allocated 
by the Secretary among the States on a per capita 
basis using the entire population of such States. 
‘‘(2) MILITARY
MISSION
LINE
DEFINED.—In 
this subsection, the term ‘Military Mission Line’ 
means a line located at 86 degrees, 41 minutes West 
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Longitude, and extending south from the coast of 
Florida to the outer boundary of United States ex-
clusive economic zone in the Gulf of Mexico.’’. 
SEC. 213. OUTER CONTINENTAL SHELF LEASING PROGRAM. 
Section 18 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344) is amended— 
(1) in subsection (a), by adding at the end of 
paragraph (3) the following: ‘‘The Secretary shall, in 
each 5-year program, include lease sales that when 
viewed as a whole propose to offer for oil and gas 
or natural gas leasing at least 75 percent of the 
available unleased acreage within each outer Conti-
nental Shelf Planning Area. For purposes of the pre-
ceding sentence, available unleased acreage is that 
portion of the outer Continental Shelf that is not 
under lease at the time of the proposed lease sale, 
and has not otherwise been made unavailable for 
leasing by law.’’; 
(2) in subsection (c), by striking so much as 
precedes paragraph (3) and inserting the following: 
‘‘(c)(1) During the preparation of any proposed leas-
ing program under this section, the Secretary shall con-
sider and analyze leasing throughout the entire outer Con-
tinental Shelf without regard to any other law affecting 
such leasing. During this preparation the Secretary shall 
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invite and consider suggestions from any interested Fed-
eral agency, including the Attorney General, in consulta-
tion with the Federal Trade Commission, and from the 
Governor of any coastal State. The Secretary may also in-
vite or consider any suggestions from the executive of any 
local government in a coastal State that have been pre-
viously submitted to the Governor of such State, and from 
any other person. Further, the Secretary shall consult 
with the Secretary of Defense regarding military oper-
ational needs in the outer Continental Shelf. The Sec-
retary shall work with the Secretary of Defense to resolve 
any conflicts that might arise regarding offering any area 
of the outer Continental Shelf for oil and gas or natural 
gas leasing. If the Secretaries are not able to resolve all 
such conflicts, any unresolved issues shall be elevated to 
the President for resolution. 
‘‘(2) After the consideration and analysis required by 
paragraph (1), including the consideration of the sugges-
tions received from any interested Federal agency, the 
Federal Trade Commission, the Governor of any coastal 
State, any local government of a coastal State, and any 
other person, the Secretary shall publish in the Federal 
Register a proposed leasing program accompanied by a 
draft environmental impact statement prepared pursuant 
to the National Environmental Policy Act of 1969. After 
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