SEC. 12. ENVIRONMENTAL STUDIES. 
Section 20(d) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1346) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 
(2) by adding at the end the following: 
‘‘(2) For all programs, lease sales, leases, and 
actions under this Act, the following shall apply re-
garding the application of the National Environ-
mental Policy Act of 1969: 
‘‘(A) Granting or directing lease suspen-
sions and the conduct of all preliminary activi-
ties on outer Continental Shelf tracts, including 
seismic activities, are categorically excluded 
from the need to prepare either an environ-
mental assessment or an environmental impact 
statement, and the Secretary shall not be re-
quired to analyze whether any exceptions to a 
categorical exclusion apply for activities con-
ducted under the authority of this Act. 
‘‘(B) The environmental impact statement 
developed in support of each 5-year oil and gas 
leasing program provides the environmental 
analysis for all lease sales to be conducted 
under the program and such sales shall not be 
subject to further environmental analysis. 
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‘‘(C) Exploration plans shall not be subject 
to any requirement to prepare an environmental 
impact statement, and the Secretary may find 
that exploration plans are eligible for categor-
ical exclusion due to the impacts already being 
considered within an environmental impact 
statement or due to mitigation measures in-
cluded within the plan. 
‘‘(D) Within each OCS Planning Area, 
after the preparation of the first development 
and production plan environmental impact 
statement for a leased tract within the Area, fu-
ture development and production plans for 
leased tracts within the Area shall only require 
the preparation of an environmental assessment 
unless the most recent development and produc-
tion plan environmental impact statement with-
in the Area was finalized more than 10 years 
prior to the date of the approval of the plan, in 
which case an environmental impact statement 
shall be required.’’. 
SEC. 13. REVIEW OF OUTER CONTINENTAL SHELF DEVEL-
OPMENT AND PRODUCTION PLANS. 
Section 25 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1351(a)) is amended to read as follows: 
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‘‘SEC. 25. REVIEW OF OUTER CONTINENTAL SHELF DEVEL-
OPMENT AND PRODUCTION PLANS. 
‘‘(a) DEVELOPMENT AND PRODUCTION PLANS; SUB-
MISSION TO SECRETARY; STATEMENT OF FACILITIES AND 
OPERATION; SUBMISSION TO GOVERNORS OF AFFECTED 
STATES AND LOCAL GOVERNMENTS.— 
‘‘(1) Prior to development and production pur-
suant to an oil and gas lease issued on or after Sep-
tember 18, 1978, for any area of the outer Conti-
nental Shelf, or issued or maintained prior to Sep-
tember 18, 1978, for any area of the outer Conti-
nental Shelf, with respect to which no oil or gas has 
been discovered in paying quantities prior to Sep-
tember 18, 1978, the lessee shall submit a develop-
ment and production plan (hereinafter in this sec-
tion referred to as a ‘plan’) to the Secretary for re-
view. 
‘‘(2) A plan shall be accompanied by a state-
ment describing all facilities and operations, other 
than those on the outer Continental Shelf, proposed 
by the lessee and known by the lessee (whether or 
not owned or operated by such lessee) that will be 
constructed or utilized in the development and pro-
duction of oil or gas from the lease area, including 
the location and site of such facilities and oper-
ations, the land, labor, material, and energy require-
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ments associated with such facilities and operations, 
and all environmental and safety safeguards to be 
implemented. 
‘‘(3) Except for any privileged or proprietary 
information (as such term is defined in regulations 
issued by the Secretary), the Secretary, within 30 
days after receipt of a plan and statement, shall— 
‘‘(A) submit such plan and statement to 
the Governor of any affected State, and upon 
request to the executive of any affected local 
government; and 
‘‘(B) make such plan and statement avail-
able to any appropriate interstate regional enti-
ty and the public. 
‘‘(b) DEVELOPMENT AND PRODUCTION ACTIVITIES 
IN ACCORDANCE WITH PLAN AS LEASE REQUIREMENT.— 
After enactment of the Coastal Economic and Environ-
mental Protection Act, no oil and gas lease may be issued 
pursuant to this Act in any region of the outer Continental 
Shelf, unless such lease requires that development and 
production activities be carried out in accordance with a 
plan that complies with the requirements of this section. 
This section shall also apply to leases that do not have 
an approved development and production plan as of the 
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date of enactment of the Coastal Economic and Environ-
mental Protection Act. 
‘‘(c) SCOPE AND CONTENTS OF PLAN.—A plan may 
apply to more than one oil and gas lease, and shall set 
forth, in the degree of detail established by regulations 
issued by the Secretary— 
‘‘(1) the general work to be performed; 
‘‘(2) a description of all facilities and operations 
located on the outer Continental Shelf that are pro-
posed by the lessee or known by the lessee (whether 
or not owned or operated by such lessee) to be di-
rectly related to the proposed development, including 
the location and size of such facilities and oper-
ations, and the land, labor, material, and energy re-
quirements associated with such facilities and oper-
ations; 
‘‘(3) the environmental safeguards to be imple-
mented on the outer Continental Shelf and how such 
safeguards are to be implemented; 
‘‘(4) all safety standards to be met and how 
such standards are to be met; 
‘‘(5) an expected rate of development and pro-
duction and a time schedule for performance; and 
‘‘(6) such other relevant information as the Sec-
retary may by regulation require. 
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‘‘(d) COMPLETENESS REVIEW OF THE PLAN.— 
‘‘(1) Prior to commencing any activity under a 
development and production plan pursuant to any oil 
and gas lease issued or maintained under this Act, 
the lessee shall certify that the plan is consistent 
with the terms of the lease and that it is consistent 
with all statutory and regulatory requirements in ef-
fect on the date of issuance of the lease. The plan 
shall include all required information and docu-
mentation required under subsection (c). 
‘‘(2) The Secretary shall review the plan for 
completeness within 30 days of submission. If the 
Secretary finds that the plan is not complete, the 
Secretary shall notify the lessee with a detailed ex-
planation of such modifications of such plan as are 
necessary to achieve completeness. The Secretary 
shall have 30 days to review a modified plan for 
completeness. 
‘‘(e) REVIEW FOR CONSISTENCY OF THE PLAN.— 
‘‘(1) After a determination that a plan is com-
plete, the Secretary shall have 120 days to conduct 
a review of the plan, to ensure that it is consistent 
with the terms of the lease, and that it is consistent 
with all such statutory and regulatory requirements 
applicable to the lease. The review shall ensure that 
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the plan is consistent with lease terms, and statutory 
and regulatory requirements applicable to the lease, 
related to national security or national defense, in-
cluding any military operating stipulations or other 
restrictions. The Secretary shall seek the assistance 
of the Department of Defense in the conduct of the 
review of any plan prepared under this section for 
a lease containing military operating stipulations or 
other restrictions and shall accept the assistance of 
the Department of Defense in the conduct of the re-
view of any plan prepared under this section for any 
other lease when the Secretary of Defense requests 
an opportunity to participate in the review. If the 
Secretary finds that the plan is not consistent, the 
Secretary shall notify the lessee with a detailed ex-
planation of such modifications of such plan as are 
necessary to achieve consistency. 
‘‘(2) The Secretary shall have 120 days to re-
view a modified plan. 
‘‘(3) The lessee shall not conduct any activities 
under the plan during any 120-day review period, or 
thereafter until the plan has been modified to 
achieve compliance as so notified. 
‘‘(4) After review by the Secretary provided for 
by this section, a lessee may operate pursuant to the 
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plan without further review or approval by the Sec-
retary. 
‘‘(f) REVIEW
OF REVISION
OF
THE APPROVED 
PLAN.—The lessee may submit to the Secretary any revi-
sion of a plan if the lessee determines that such revision 
will lead to greater recovery of oil and natural gas, im-
prove the efficiency, safety, and environmental protection 
of the recovery operation, is the only means available to 
avoid substantial economic hardship to the lessee, or is 
otherwise not inconsistent with the provisions of this Act, 
to the extent such revision is consistent with protection 
of the human, marine, and coastal environments. The 
process to be used for the review of any such revision shall 
be the same as that set forth in subsections (d) and (e). 
‘‘(g) CANCELLATION OF LEASE ON FAILURE TO SUB-
MIT PLAN OR COMPLY WITH A PLAN.—Whenever the 
owner of any lease fails to submit a plan in accordance 
with regulations issued under this section, or fails to com-
ply with a plan, the lease may be canceled in accordance 
with section 5(c) and (d). Termination of a lease because 
of failure to comply with a plan, including required modi-
fications or revisions, shall not entitle a lessee to any com-
pensation. 
‘‘(h) PRODUCTION AND TRANSPORTATION OF NAT-
URAL GAS; SUBMISSION OF PLAN TO FEDERAL ENERGY 
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REGULATORY COMMISSION; IMPACT STATEMENT.—If any 
development and production plan submitted to the Sec-
retary pursuant to this section provides for the production 
and transportation of natural gas, the lessee shall contem-
poraneously submit to the Federal Energy Regulatory 
Commission that portion of such plan that relates to the 
facilities for transportation of natural gas. The Secretary 
and the Federal Energy Regulatory Commission shall 
agree as to which of them shall prepare an environmental 
impact statement pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable 
to such portion of such plan, or conduct studies as to the 
effect on the environment of implementing it. Thereafter, 
the findings and recommendations by the agency pre-
paring such environmental impact statement or con-
ducting such studies pursuant to such agreement shall be 
adopted by the other agency, and such other agency shall 
not independently prepare another environmental impact 
statement or duplicate such studies with respect to such 
portion of such plan, but the Federal Energy Regulatory 
Commission, in connection with its review of an applica-
tion for a certificate of public convenience and necessity 
applicable to such transportation facilities pursuant to sec-
tion 7 of the Natural Gas Act (15 U.S.C. 717f), may pre-
pare such environmental studies or statement relevant to 
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certification of such transportation facilities as have not 
been covered by an environmental impact statement or 
studies prepared by the Secretary. The Secretary, in con-
sultation with the Federal Energy Regulatory Commis-
sion, shall promulgate rules to implement this subsection, 
but the Federal Energy Regulatory Commission shall re-
tain sole authority with respect to rules and procedures 
applicable to the filing of any application with the Com-
mission and to all aspects of the Commission’s review of, 
and action on, any such application.’’. 
SEC. 14. FEDERAL ENERGY NATURAL RESOURCES EN-
HANCEMENT FUND ACT OF 2006. 
(a) FINDINGS.—The Congress finds the following: 
(1) Energy and minerals exploration, develop-
ment, and production on Federal onshore and off-
shore lands, including bio-based fuel, natural gas, 
minerals, oil, geothermal, and power from wind, 
waves, currents, and thermal energy, involves signifi-
cant outlays of funds by Federal and State wildlife, 
fish, and natural resource management agencies for 
environmental studies, planning, development, moni-
toring, and management of wildlife, fish, air, water, 
and other natural resources. 
(2) State wildlife, fish, and natural resource 
management agencies are funded primarily through 
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permit and license fees paid to the States by the 
general public to hunt and fish, and through Federal 
excise taxes on equipment used for these activities. 
(3) Funds generated from consumptive and rec-
reational uses of wildlife, fish, and other natural re-
sources currently are inadequate to address the nat-
ural resources related to energy and minerals devel-
opment on Federal onshore and offshore lands. 
(4) Funds available to Federal agencies respon-
sible for managing Federal onshore and offshore 
lands and Federal-trust wildlife and fish species and 
their habitats are inadequate to address the natural 
resources related to energy and minerals develop-
ment on Federal onshore and offshore lands. 
(5) Receipts derived from sales, bonus bids, and 
royalties under the mineral leasing laws of the 
United States are paid to the Treasury through the 
Minerals Management Service of the Department of 
the Interior. 
(6) None of the receipts derived from sales, 
bonus bids, and royalties under the minerals leasing 
laws of the United States are paid to the Federal or 
State agencies to examine, monitor, and manage 
wildlife, fish, air, water, and other natural resources 
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related to natural gas, oil, and mineral exploration 
and development. 
(b) PURPOSES.—It is the purpose of this section to— 
(1) establish a fund for the monitoring and 
management of wildlife and fish, and their habitats, 
and air, water, and other natural resources related 
to energy and minerals development on Federal on-
shore and offshore lands; 
(2) make available receipts derived from sales, 
bonus bids, and royalties from onshore and offshore 
gas, mineral, oil, and any additional form of energy 
exploration and development under the laws of the 
United States for the purposes of such fund; 
(3) distribute funds from such fund each fiscal 
year to the Secretary of the Interior and the States; 
and 
(4) use the distributed funds to secure the nec-
essary trained workforce or contractual services to 
conduct environmental studies, planning, develop-
ment, monitoring, and post-development manage-
ment of wildlife and fish and their habitats and air, 
water, and other natural resources that may be re-
lated to bio-based fuel, gas, mineral, oil, wind, or 
other energy exploration, development, transpor-
tation, transmission, and associated activities on 
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Federal onshore and offshore lands, including, but 
not limited to— 
(A) pertinent research, surveys, and envi-
ronmental analyses conducted to identify any 
impacts on wildlife, fish, air, water, and other 
natural resources from energy and mineral ex-
ploration, development, production, and trans-
portation or transmission; 
(B) projects to maintain, improve, or en-
hance wildlife and fish populations and their 
habitats or air, water, or other natural re-
sources, including activities under the Endan-
gered Species Act of 1973; 
(C) research, surveys, environmental anal-
yses, and projects that assist in managing, in-
cluding mitigating either onsite or offsite, or 
both, the impacts of energy and mineral activi-
ties on wildlife, fish, air, water, and other nat-
ural resources; and 
(D) projects to teach young people to live 
off the land. 
(c) DEFINITIONS.—In this section: 
(1) ENHANCEMENT
FUND.—The term ‘‘En-
hancement Fund’’ means the Federal Energy Nat-
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ural Resources Enhancement Fund established by 
subsection (d). 
(2) STATE.—The term ‘‘State’’ means the State 
government agency primarily responsible for fish 
and wildlife trust resources within a State. 
(d) ESTABLISHMENT AND USE OF FEDERAL ENERGY 
NATURAL RESOURCES ENHANCEMENT FUND.— 
(1) ENHANCEMENT
FUND.—There is estab-
lished in the Treasury a separate account to be 
known as the ‘‘Federal Energy Natural Resources 
Enhancement Fund’’. 
(2) FUNDING.—The Secretary of the Treasury 
shall deposit in the Enhancement Fund— 
(A) such sums as are provided by sections 
9(b)(5)(A)(ii), 9(b)(5)(B)(ii), 9(c)(4)(A)(ii), and 
9(c)(4)(B)(ii) of the Outer Continental Shelf 
Lands Act, as amended by this Act; 
(B)(i) during the period of October 1, 
2006, through September 30, 2015, 0.5 percent 
of all sums paid into the Treasury under sec-
tion 35 of the Mineral Leasing Act (30 U.S.C. 
191), and 
(ii) beginning October 1, 2015, and there-
after, 2.5 percent of all sums paid into the 
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Treasury under section 35 of the Mineral Leas-
ing Act (30 U.S.C. 191); and 
(C)(i) during the period of October 1, 
2006, through September 30, 2015, 0.5 percent 
of all sums paid into the Treasury from receipts 
derived from bonus bids and royalties from 
other mineral leasing on public lands, and 
(ii) beginning October 1, 2015, and there-
after, 2.5 percent of all sums paid into the 
Treasury from receipts derived from bonus bids 
and royalties from other mineral leasing on 
public lands. 
(3) INVESTMENTS.—The Secretary of the 
Treasury shall invest the amounts deposited under 
paragraph (2) and all accrued interest on the 
amounts deposited under paragraph (2) only in in-
terest bearing obligations of the United States or in 
obligations guaranteed as to both principal and in-
terest by the United States. 
(4) PAYMENT
TO
SECRETARY
OF
THE
INTE-
RIOR.— 
(A) IN GENERAL.—Beginning with fiscal 
year 2007, and in each fiscal year thereafter, 
one-third of amounts deposited into the En-
hancement Fund, together with the interest 
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thereon, shall be available, without fiscal year 
limitations, to the Secretary of the Interior for 
use for the purposes described in (b)(4). 
(B) WITHDRAWALS
AND
TRANSFER
OF 
FUNDS.—The Secretary of the Treasury shall 
withdraw such amounts from the Enhancement 
Fund as the Secretary of the Interior may re-
quest, subject to the limitation in (A), and 
transfer such amounts to the Secretary of the 
Interior to be used, at the discretion of the Sec-
retary of the Interior, by the Minerals Manage-
ment Service, the Bureau of Land Manage-
ment, and the United States Fish and Wildlife 
Service for use for the purposes described in 
subsection (b)(4). 
(5) PAYMENT TO STATES.— 
(A) IN GENERAL.—Beginning with fiscal 
year 2007, and in each fiscal year thereafter, 
two-thirds of amounts deposited into the En-
hancement Fund, together with the interest 
thereon, shall be available, without fiscal year 
limitations, to the States for use for the pur-
poses described in (b)(4). 
(B) WITHDRAWALS
AND
TRANSFER
OF 
FUNDS.—Within the first 90 days of each fiscal 
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year, the Secretary of the Treasury shall with-
draw amounts from the Enhancement Fund 
and transfer such amounts to the States based 
on the proportion of all receipts that were col-
lected the previous fiscal year from Federal 
leases within the boundaries of each State and 
each State’s outer Continental Shelf Adjacent 
Zone as determined in accordance with section 
4(a) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1333(a)), as amended by this Act. 
(C) USE OF PAYMENTS BY STATE.—Each 
State shall use the payments made under sub-
paragraph (B) only for carrying out projects 
and programs for the purposes described in 
(b)(4). 
(D) ENCOURAGE USE OF PRIVATE FUNDS 
BY STATE.—Each State shall use the payments 
made under subparagraph (B) to leverage pri-
vate funds for carrying out projects for the pur-
poses described in (b)(4). 
(e) LIMITATION ON USE.—Amounts available under 
this section may not be used for the purchase of any inter-
est in land. 
(f) REPORTS TO CONGRESS.— 
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(1) IN
GENERAL.—Beginning in fiscal year 
2008 and continuing for each fiscal year thereafter, 
the Secretary of the Interior and each State receiv-
ing funds from the Enhancement Fund shall submit 
a report to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Re-
sources of the House of Representatives. 
(2) REQUIRED
INFORMATION.—Reports sub-
mitted to the Congress by the Secretary of the Inte-
rior and States under this subsection shall include 
the following information regarding expenditures 
during the previous fiscal year: 
(A) A summary of pertinent scientific re-
search and surveys conducted to identify im-
pacts on wildlife, fish, and other natural re-
sources from energy and mineral developments. 
(B) A summary of projects planned and 
completed to maintain, improve or enhance 
wildlife and fish populations and their habitats 
or other natural resources. 
(C) A list of additional actions that assist, 
or would assist, in managing, including miti-
gating either onsite or offsite, or both, the im-
pacts of energy and mineral development on 
wildlife, fish, and other natural resources. 
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(D) A summary of private (non-Federal) 
funds used to plan, conduct, and complete the 
plans and programs identified in paragraphs 
(2)(A) and (2)(B). 
SEC. 15. TERMINATION OF EFFECT OF LAWS PROHIBITING 
THE SPENDING OF APPROPRIATED FUNDS 
FOR CERTAIN PURPOSES. 
All provisions of existing Federal law prohibiting the 
spending of appropriated funds to conduct oil and natural 
gas leasing and preleasing activities for any area of the 
outer Continental Shelf shall have no force or effect. 
SEC. 16. OUTER CONTINENTAL SHELF INCOMPATIBLE USE. 
(a) IN GENERAL.—No Federal agency may permit 
construction or operation (or both) of any facility, or des-
ignate or maintain a restricted transportation corridor or 
operating area on the Federal outer Continental Shelf or 
in State waters, that will be incompatible with, as deter-
mined by the Secretary of the Interior, oil and gas or nat-
ural gas leasing and substantially full exploration and pro-
duction of tracts that are geologically prospective for oil 
or natural gas (or both). 
(b) EXCEPTIONS.—Subsection (a) shall not apply to 
any facility, transportation corridor, or operating area the 
construction, operation, designation, or maintenance of 
which is or will be— 
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(1) located in an area of the outer Continental 
Shelf that is unavailable for oil and gas or natural 
gas leasing by operation of law; 
(2) used for a military readiness activity (as de-
fined in section 315(f) of Public Law 107–314; 16 
U.S.C. 703 note); or 
(3) required in the national interest, as deter-
mined by the President. 
SEC. 17. REPURCHASE OF CERTAIN LEASES. 
(a) AUTHORITY TO REPURCHASE AND CANCEL CER-
TAIN LEASES.—The Secretary of the Interior shall repur-
chase and cancel any Federal oil and gas, geothermal, 
coal, oil shale, tar sands, or other mineral lease, whether 
onshore or offshore, if the Secretary finds that such lease 
qualifies for repurchase and cancellation under the regula-
tions authorized by this section. 
(b) REGULATIONS.—Not later than 365 days after 
the date of the enactment of this Act, the Secretary shall 
publish a final regulation stating the conditions under 
which a lease referred to in subsection (a) would qualify 
for repurchase and cancellation, and the process to be fol-
lowed regarding repurchase and cancellation. Such regula-
tion shall include, but not be limited to, the following: 
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(1) The Secretary shall repurchase and cancel 
a lease after written request by the lessee upon a 
finding by the Secretary that— 
(A) a request by the lessee for a required 
permit or other approval complied with applica-
ble law, except the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.), and 
terms of the lease and such permit or other ap-
proval was denied; 
(B) a Federal agency failed to act on a re-
quest by the lessee for a required permit, other 
approval, or administrative appeal within a reg-
ulatory or statutory time-frame associated with 
the requested action, whether advisory or man-
datory, or if none, within 180 days; or 
(C) a Federal agency attached a condition 
of approval, without agreement by the lessee, to 
a required permit or other approval if such con-
dition of approval was not mandated by Federal 
statute or regulation in effect on the date of 
lease issuance, or was not specifically allowed 
under the terms of the lease. 
(2) A lessee shall not be required to exhaust ad-
ministrative remedies regarding a permit request, 
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administrative appeal, or other required request for 
approval for the purposes of this section. 
(3) The Secretary shall make a final agency de-
cision on a request by a lessee under this section 
within 180 days of request. 
(4) Compensation to a lessee to repurchase and 
cancel a lease under this section shall be the amount 
that a lessee would receive in a restitution case for 
a material breach of contract. 
(5) Compensation shall be in the form of a 
check or electronic transfer from the Department of 
the Treasury from funds deposited into miscella-
neous receipts under the authority of the same Act 
that authorized the issuance of the lease being re-
purchased. 
(6) Failure of the Secretary to make a final 
agency decision on a request by a lessee under this 
section within 180 days of request shall result in a 
10 percent increase in the compensation due to the 
lessee if the lease is ultimately repurchased. 
(c) NO PREJUDICE.—This section shall not be inter-
preted to prejudice any other rights that the lessee would 
have in the absence of this section. 
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SEC. 18. OFFSITE ENVIRONMENTAL MITIGATION. 
Notwithstanding any other provision of law, any per-
son conducting activities under the Mineral Leasing Act 
(30 U.S.C. 181 et seq.), the Geothermal Steam Act (30 
U.S.C. 1001 et seq.), the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.), the Weeks Act (16 
U.S.C. 552 et seq.), the General Mining Act of 1872 (30 
U.S.C. 22 et seq.), the Materials Act of 1947 (30 U.S.C. 
601 et seq.), or the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.), may in satisfying any mitigation 
requirements associated with such activities propose miti-
gation measures on a site away from the area impacted 
and the Secretary of the Interior shall accept these pro-
posed measures if the Secretary finds that they generally 
achieve the purposes for which mitigation measures apper-
tained. 
SEC. 19. AMENDMENTS TO THE MINERAL LEASING ACT. 
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 
226(g)) is amended to read as follows: 
‘‘(g) REGULATION OF SURFACE-DISTURBING ACTIVI-
TIES.— 
‘‘(1) REGULATION
OF
SURFACE-DISTURBING 
ACTIVITIES.—The Secretary of the Interior, or for 
National Forest lands, the Secretary of Agriculture, 
shall regulate all surface-disturbing activities con-
ducted pursuant to any lease issued under this Act, 
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and shall determine reclamation and other actions as 
required in the interest of conservation of surface re-
sources. 
‘‘(2) SUBMISSION OF EXPLORATION PLAN; COM-
PLETION REVIEW; COMPLIANCE REVIEW.— 
‘‘(A) Prior to beginning oil and gas explo-
ration activities, a lessee shall submit an explo-
ration plan to the Secretary of the Interior for 
review. 
‘‘(B) The Secretary shall review the plan 
for completeness within 10 days of submission. 
‘‘(C) In the event the exploration plan is 
determined to be incomplete, the Secretary shall 
notify the lessee in writing and specify the 
items or information needed to complete the ex-
ploration plan. 
‘‘(D) The Secretary shall have 10 days to 
review any modified exploration plan submitted 
by the lessee. 
‘‘(E) To be deemed complete, an explo-
ration plan shall include, in the degree of detail 
to be determined by the Secretary by rule or 
regulation— 
‘‘(i) a drilling plan containing a de-
scription of the drilling program; 
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‘‘(ii) the surface and projected com-
pletion zone location; 
‘‘(iii) pertinent geologic data; 
‘‘(iv) expected hazards, and proposed 
mitigation measures to address such haz-
ards; 
‘‘(v) a schedule of anticipated explo-
ration activities to be undertaken; 
‘‘(vi) a description of equipment to be 
used for such activities; 
‘‘(vii) a certification from the lessee 
stating that the exploration plan complies 
with all lease, regulatory and statutory re-
quirements in effect on the date of the 
issuance of the lease; 
‘‘(viii) evidence that the lessee has se-
cured an adequate bond, surety, or other 
financial arrangement prior to commence-
ment of any surface disturbing activity; 
‘‘(ix) a plan that details the complete 
and timely reclamation of the lease tract; 
and 
‘‘(x) such other relevant information 
as the Secretary may by regulation require. 
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‘‘(F) Upon a determination that the explo-
ration plan is complete, the Secretary shall have 
30 days from the date the plan is deemed com-
plete to conduct a review of the plan. 
‘‘(G) If the Secretary finds the exploration 
plan is not consistent with all statutory and 
regulatory requirements in effect on the date of 
issuance of the lease, the Secretary shall notify 
the lessee with a detailed explanation of such 
modifications of the exploration plan as are nec-
essary to achieve compliance. 
‘‘(H) The lessee shall not take any action 
under the exploration plan within a 30 day re-
view period, or thereafter until the plan has 
been modified to achieve compliance as so noti-
fied. 
‘‘(I) After review by the Secretary provided 
by this subsection, a lessee may operate pursu-
ant to the plan without further review or ap-
proval by the Secretary. 
‘‘(3) PLAN
REVISIONS; CONDUCT
OF
EXPLO-
RATION ACTIVITIES.— 
‘‘(A) If a significant revision of an explo-
ration plan under this subsection is submitted 
to the Secretary, the process to be used for the 
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review of such revision shall be the same as set 
forth in paragraph (1) of this subsection. 
‘‘(B) All exploration activities pursuant to 
any lease shall be conducted in accordance with 
an exploration plan that has been submitted to 
and reviewed by the Secretary or a revision of 
such plan. 
‘‘(4) SUBMISSION OF DEVELOPMENT AND PRO-
DUCTION
PLAN; COMPLETENESS
REVIEW; COMPLI-
ANCE REVIEW.— 
‘‘(A) Prior to beginning oil and gas devel-
opment and production activities, a lessee shall 
submit a development and exploration plan to 
the Secretary of the Interior. Upon submission, 
such plans shall be subject to a review for com-
pleteness. 
‘‘(B) The Secretary shall review the plan 
for completeness within 30 days of submission. 
‘‘(C) In the event a development and pro-
duction plan is determined to be incomplete, the 
Secretary shall notify the lessee in writing and 
specify the items or information needed to com-
plete the plan. 
‘‘(D) The Secretary shall have 30 days to 
review for completeness any modified develop-
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ment and production plan submitted by the les-
see. 
‘‘(E) To be deemed complete, a develop-
ment and production plan shall include, in the 
degree of detail to be determined by the Sec-
retary by rule or regulation— 
‘‘(i) a drilling plan containing a de-
scription of the drilling program; 
‘‘(ii) the surface and projected com-
pletion zone location; 
‘‘(iii) pertinent geologic data; 
‘‘(iv) expected hazards, and proposed 
mitigation measures to address such haz-
ards; 
‘‘(v) a statement describing all facili-
ties and operations proposed by the lessee 
and known by the lessee (whether or not 
owned or operated by such lessee) that 
shall be constructed or utilized in the de-
velopment and production of oil or gas 
from the leases areas, including the loca-
tion and site of such facilities and oper-
ations, the land, labor, material, and en-
ergy requirements associated with such fa-
cilities and operations; 
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‘‘(vi) the general work to be per-
formed; 
‘‘(vii) the environmental safeguards to 
be implemented in connection with the de-
velopment and production and how such 
safeguards are to be implemented; 
‘‘(viii) all safety standards to be met 
and how such standards are to be met; 
‘‘(ix) an expected rate of development 
and production and a time schedule for 
performance; 
‘‘(x) a certification from the lessee 
stating that the development and produc-
tion plan complies with all lease, regu-
latory, and statutory requirements in effect 
on the date of issuance of the lease; 
‘‘(xi) evidence that the lessee has se-
cured an adequate bond, surety, or other 
financial arrangement prior to commence-
ment of any surface disturbing activity; 
‘‘(xii) a plan that details the complete 
and timely reclamation of the lease tract; 
and 
‘‘(xiii) such other relevant information 
as the Secretary may by regulation require. 
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‘‘(F) Upon a determination that the devel-
opment and production plan is complete, the 
Secretary shall have 120 days from the date the 
plan is deemed complete to conduct a review of 
the plan. 
‘‘(G) If the Secretary finds the develop-
ment and production plan is not consistent with 
all statutory and regulatory requirements in ef-
fect on the date of issuance of the lease, the 
Secretary shall notify the lessee with a detailed 
explanation of such modifications of the devel-
opment and production plan as are necessary to 
achieve compliance. 
‘‘(H) The lessee shall not take any action 
under the development and production plan 
within a 120 day review period, or thereafter 
until the plan has been modified to achieve 
compliance as so notified. 
‘‘(5) PLAN REVISIONS; CONDUCT OF DEVELOP-
MENT AND PRODUCTION ACTIVITIES.— 
‘‘(A) If a significant revision of a develop-
ment and production plan under this subsection 
is submitted to the Secretary, the process to be 
used for the review of such revision shall be the 
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same as set forth in paragraph (4) of this sub-
section. 
‘‘(B) All development and production ac-
tivities pursuant to any lease shall be conducted 
in accordance with an exploration plan that has 
been submitted to and reviewed by the Sec-
retary or a revision of such plan. 
‘‘(6) CANCELLATION OF LEASE ON FAILURE TO 
SUBMIT PLAN OR COMPLY WITH APPROVED PLAN.— 
Whenever the owner of any lease fails to submit a 
plan in accordance with regulations issued under 
this section, or fails to comply with a plan, the lease 
may be canceled in accordance with section 31. Ter-
mination of a lease because of failure to comply with 
a plan, including required modifications or revisions, 
shall not entitle a lessee to any compensation.’’. 
SEC. 20. MINERALS MANAGEMENT SERVICE. 
The bureau known as the ‘‘Minerals Management 
Service’’ in the Department of the Interior shall be known 
as the ‘‘National Ocean Resources and Royalty Service’’. 
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SEC. 21. AUTHORITY TO USE DECOMMISSIONED OFFSHORE 
OIL AND GAS PLATFORMS AND OTHER FA-
CILITIES 
FOR 
MARICULTURE, 
ARTIFICIAL 
REEF, SCIENTIFIC RESEARCH, OR OTHER 
USES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Rigs to Reefs Act of 2005’’. 
(b) IN GENERAL.—The Outer Continental Shelf 
Lands Act (43 U.S.C. 1301 et seq.) is amended by insert-
ing after section 9 the following: 
‘‘SEC. 10. USE OF DECOMMISSIONED OFFSHORE OIL AND 
GAS PLATFORMS AND OTHER FACILITIES 
FOR MARICULTURE, ARTIFICIAL REEF, SCI-
ENTIFIC RESEARCH, OR OTHER USES. 
‘‘(a) IN GENERAL.—The Secretary shall issue regula-
tions under which the Secretary may authorize use of an 
offshore oil and gas platform or other facility that is de-
commissioned from service for oil and gas purposes for 
culture of marine organisms, an artificial reef, scientific 
research, or any other use authorized under section 8(p). 
‘‘(b) TRANSFER
REQUIREMENTS.—The Secretary 
shall not allow the transfer of a decommissioned offshore 
oil and gas platform or other facility to another person 
unless the Secretary is satisfied that the transferee is suf-
ficiently bonded, endowed, or otherwise financially able to 
fulfill its obligations, including but not limited to— 
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‘‘(1) ongoing maintenance of the platform or 
other facility; 
‘‘(2) any liability obligations that might arise; 
‘‘(3) removal of the platform or other facility if 
determined necessary by the Secretary; and 
‘‘(4) any other requirements and obligations 
that the Secretary may deem appropriate by regula-
tion. 
‘‘(c) PLUGGING
AND
ABANDONMENT.—The Sec-
retary shall ensure that obligations of a lessee regarding 
the plugging and abandonment of wells are unaffected by 
implementation of this section. 
‘‘(d) POTENTIAL TO PETITION TO OPT-OUT OF REG-
ULATIONS.—An Adjacent State acting through a resolu-
tion of its legislature, with concurrence of its Governor, 
may petition to opt-out of the application of regulations 
promulgated under this section to platforms and other fa-
cilities located in the area of its Adjacent Zone within 25 
miles of the coastline. The Secretary is authorized to ex-
cept such area from the application of such regulations, 
and shall approve such petition, unless the Secretary finds 
that approving the petition would probably cause serious 
harm or damage to the marine resources of the State’s 
Adjacent Zone. Prior to acting on the petition, the Sec-
retary shall complete an environmental assessment that 
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documents the anticipated environmental effects of ap-
proving the petition. 
‘‘(e) LIMITATION ON LIABILITY.—A person that had 
used an offshore oil and gas platform or other facility for 
oil and gas purposes and that no longer has any ownership 
or control of the platform or other facility shall not be 
liable under Federal law for any costs or damages arising 
from such platform or other facility after the date the plat-
form or other facility is used for any purpose under sub-
section (a), unless such costs or damages arise from— 
‘‘(1) use of the platform or other facility by the 
person for development or production of oil or gas; 
or 
‘‘(2) another act or omission of the person. 
‘‘(f) OTHER LEASING AND USE NOT AFFECTED.— 
This section, and the use of any offshore oil and gas plat-
form or other facility for any purpose under subsection 
(a), shall not affect— 
‘‘(1) the authority of the Secretary to lease any 
area under this Act; or 
‘‘(2) any activity otherwise authorized under 
this Act.’’. 
(c) DEADLINE FOR REGULATIONS.—The Secretary of 
the Interior shall issue regulations under subsection (b) 
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by not later than 180 days after the date of the enactment 
of this Act. 
(d) STUDY AND REPORT ON EFFECTS OF REMOVAL 
OF PLATFORMS.—Not later than one year after the date 
of enactment of this Act, the Secretary of the Interior, 
in consultation with other Federal agencies as the Sec-
retary deems advisable, shall study and report to the Con-
gress regarding how the removal of offshore oil and gas 
platforms and other facilities from the outer Continental 
Shelf would affect existing fish stocks and coral popu-
lations. 
SEC. 22. REPEAL OF REQUIREMENT TO CONDUCT COM-
PREHENSIVE INVENTORY OF OCS OIL AND 
NATURAL GAS RESOURCES. 
The Energy Policy Act of 2005 (Public Law 109– 
58) is amended— 
(1) by repealing section 357 (119 Stat. 720; 42 
U.S.C. 15912); and 
(2) in the table of contents in section 1(b), by 
striking the item relating to such section 357. 
SEC. 23. ONSHORE AND OFFSHORE MINERAL LEASE FEES. 
Notwithstanding any other provision of law, the De-
partment of the Interior is prohibited from charging fees 
applicable to actions on Federal onshore and offshore oil 
and gas, coal, geothermal, and other mineral leases, in-
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cluding transportation of any production from such leases, 
if such fees were not established in final regulations prior 
to the date of issuance of the lease. 
SEC. 24. LEASES FOR AREAS LOCATED WITHIN 125 MILES 
OF CALIFORNIA OR FLORIDA. 
(a) AUTHORIZATION
TO CANCEL
AND EXCHANGE 
CERTAIN EXISTING OIL AND GAS LEASES; PROHIBITION 
ON SUBMITTAL OF EXPLORATION PLANS FOR CERTAIN 
LEASES PRIOR TO JUNE 30, 2012.— 
(1) AUTHORITY.—Effective 180 days after the 
date of enactment of this Act, the lessee of an exist-
ing oil and gas lease for an area located completely 
within 125 miles of the coastline within the Cali-
fornia or Florida Adjacent Zones shall have the op-
tion, without compensation, of exchanging such lease 
for a new oil and gas lease having a primary term 
of 5 years. For the area subject to the new lease, the 
lessee may select any unleased tract that is com-
pletely beyond 100 miles from the coastline of the 
Adjacent State and is located within the same Adja-
cent State’s Adjacent Zone as the lease being ex-
changed, except that leases being exchanged within 
the Florida Adjacent Zone may be exchanged for 
any unleased tract that is completely beyond 100 
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