SEC. 337. 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 
100 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be withdrawn from leasing under this section at any 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 
for a term not to exceed 10 years. When considering 
potential uses of the outer Continental Shelf, to the 
maximum extent possible, the President shall accom-
modate competing interests and potential uses.’’; 
(2) by adding at the end the following: 
‘‘(g) AVAILABILITY FOR LEASING WITHIN CERTAIN 
AREAS OF THE OUTER CONTINENTAL SHELF.— 
‘‘(1) PROHIBITION AGAINST LEASING.— 
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‘‘(A) UNAVAILABLE
FOR
LEASING
WITH-
OUT
STATE
REQUEST.—Except as otherwise 
provided in this subsection, from and after en-
actment of the Deep Ocean Energy Resources 
Act of 2008, the Secretary shall not offer for 
leasing for oil and gas, or natural gas, any area 
within 50 miles of the coastline that was with-
drawn from disposition by leasing in the Atlan-
tic OCS Region or the Pacific OCS Region, or 
the Gulf of Mexico OCS Region Eastern Plan-
ning Area, as depicted on the maps referred to 
in this subparagraph, 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, 1998, or any area within 
50 miles of the coastline not withdrawn under 
that Memorandum that is included within the 
Gulf of Mexico OCS Region Eastern Planning 
Area as indicated on the map entitled ‘Gulf of 
Mexico OCS Region State Adjacent Zones and 
OCS Planning Areas’ or the Florida Straits 
Planning Area as indicated on the map entitled 
‘Atlantic OCS Region State Adjacent Zones and 
OCS Planning Areas’, both of which are dated 
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September 2005 and on file in the Office of the 
Director, Minerals Management Service. 
‘‘(B) AREAS BETWEEN 50 AND 100 MILES 
FROM
THE
COASTLINE.—Unless an Adjacent 
State petitions under subsection (h) within one 
year after the date of the enactment of the 
Deep Ocean Energy Resources Act of 2008 for 
natural gas leasing or by June 30, 2011, for oil 
and gas leasing, the Secretary shall offer for 
leasing any area more than 50 miles but less 
than 100 miles from the coastline that was 
withdrawn from disposition by leasing in the 
Atlantic OCS Region, the Pacific OCS Region, 
or the Gulf of Mexico OCS Region Eastern 
Planning Area, as depicted on the maps re-
ferred to in this subparagraph, 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, 1998, or any 
area more than 50 miles but less than 100 
miles of the coastline not withdrawn under that 
Memorandum that is included within the Gulf 
of Mexico OCS Region Eastern Planning Area 
as indicated on the map entitled ‘Gulf of Mexico 
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OCS Region State Adjacent Zones and OCS 
Planning Areas’ or within the Florida Straits 
Planning Area as indicated on the map entitled 
‘Atlantic OCS Region State Adjacent Zones and 
OCS Planning Areas’, both of which are dated 
September 2005 and on file in the Office of the 
Director, Minerals Management Service. 
‘‘(2) REVOCATION OF WITHDRAWAL.—The pro-
visions of the ‘Memorandum on Withdrawal of Cer-
tain Areas of the United States Outer Continental 
Shelf from Leasing Disposition’, 34 Weekly Comp. 
Pres. Doc. 1111, dated June 12, 1998, are hereby 
revoked and are no longer in effect. Any tract only 
partially added to the Gulf of Mexico OCS Region 
Central Planning Area by this Act shall be eligible 
for leasing of the part of such tract that is included 
within the Gulf of Mexico OCS Region Central Plan-
ning Area, and the remainder of such tract that lies 
outside of the Gulf of Mexico OCS Region Central 
Planning Area may be developed and produced by 
the lessee of such partial tract using extended reach 
or similar drilling from a location on a leased area. 
Further, any area in the OCS withdrawn from leas-
ing may be leased, and thereafter developed and pro-
duced by the lessee using extended reach or similar 
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drilling from a location on a leased area located in 
an area available for leasing. 
‘‘(3) PETITION FOR LEASING.— 
‘‘(A) IN GENERAL.—The Governor of the 
State, upon concurrence of its legislature, may 
submit to the Secretary a petition requesting 
that the Secretary make available any area that 
is within the State’s Adjacent Zone, included 
within the provisions of paragraph (1), and that 
(i) is greater than 25 miles from any point on 
the coastline of a Neighboring State for the 
conduct of offshore leasing, pre-leasing, and re-
lated activities with respect to natural gas leas-
ing; or (ii) is greater than 50 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 oil and gas 
leasing. The Adjacent 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 Neigh-
boring State, or if not allowed, if the Neigh-
boring State, acting through its Governor, ex-
presses its concurrence with the petition. The 
Secretary shall only consider such a petition 
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100 
upon making a finding that leasing is allowed 
in the similar area of the Adjacent Zone of the 
applicable Neighboring State or upon receipt of 
the concurrence of the Neighboring State. The 
date of receipt by the Secretary of such concur-
rence by the Neighboring State shall constitute 
the date of receipt of the petition for that area 
for which the concurrence applies. Except for 
any area described in the last sentence of para-
graph (2), a petition for leasing any part of the 
Alabama Adjacent Zone that is a part of the 
Gulf of Mexico Eastern Planning Area, as indi-
cated on the map entitled ‘Gulf of Mexico OCS 
Region State Adjacent Zones and OCS Plan-
ning Areas’ which is dated September 2005 and 
on file in the Office of the Director, Minerals 
Management Service, shall require the concur-
rence of both Alabama and Florida. 
‘‘(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 25 miles of the coastline by— 
‘‘(i) requiring a net reduction in the 
number of production platforms; 
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101 
‘‘(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 
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-
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102 
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 
Deep Ocean Energy 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 ap-
proval, expiration of such time limits, or enact-
ment, as applicable, fewer than 12 months re-
maining in the current 5-Year Leasing Program 
in which case the Secretary shall include the as-
sociated areas within lease sales under the next 
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103 
5-Year Leasing Program. For purposes of 
amending the 5-Year Program in accordance 
with this section, further consultations with 
States shall not be required. For purposes of 
this section, an environmental assessment per-
formed under the provisions of the National 
Environmental Policy Act of 1969 to assess the 
effects of approving the petition shall be suffi-
cient 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 its Governor and 
upon the concurrence of its legislature, may extend for a 
period of time of up to 5 years for each extension the with-
drawal from leasing for all or part of any area within the 
State’s Adjacent Zone located more than 50 miles, but less 
than 100 miles, from the coastline that is subject to sub-
section (g)(1)(B). A State may extend multiple times for 
any particular area but not more than once per calendar 
year for any particular area. A State must prepare sepa-
rate extensions, with separate votes by its legislature, for 
oil and gas leasing and for natural gas leasing. An exten-
sion 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. Extensions of the withdrawal from 
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104 
leasing of any part of the Alabama Adjacent Zone that 
is more than 50 miles, but less than 100 miles, from the 
coastline that is a part of the Gulf of Mexico OCS Region 
Eastern Planning Area, as indicated on the map entitled 
‘Gulf of Mexico 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, may be made by either Alabama or Florida. 
‘‘(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 
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 coastal State. 
‘‘(j) PROHIBITION ON LEASING EAST OF THE MILI-
TARY MISSION LINE.— 
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116 
(2) PAYMENT
TO
SECRETARY
OF
THE
INTE-
RIOR.—Beginning with fiscal year 2009, and in each 
fiscal year thereafter, one-third of amounts appro-
priated for the Enhancement Program shall be avail-
able to the Secretary of the Interior for use for the 
purposes described in subsection (c)(3). 
(3) PAYMENT TO STATES.— 
(A) IN GENERAL.—Beginning with fiscal 
year 2009, and in each fiscal year thereafter, 
two-thirds of amounts appropriated for the En-
hancement Program shall be available to the 
States for use for the purposes described in 
(c)(3). 
(B) USE OF PAYMENTS BY STATE.—Each 
State shall use the payments made under this 
paragraph only for carrying out projects and 
programs for the purposes described in (c)(3). 
(C) ENCOURAGE USE OF PRIVATE FUNDS 
BY STATE.—Each State shall use the payments 
made under this paragraph to leverage private 
funds for carrying out projects for the purposes 
described in (c)(3). 
(g) LIMITATION ON USE.—Amounts made available 
under this section may not be used for the purchase of 
any interest in land. 
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