I 
111TH CONGRESS 
1ST SESSION H. R. 3616 
To expedite the exploration and development of oil and gas from Federal 
lands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2009 
Ms. FALLIN introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To expedite the exploration and development of oil and gas 
from Federal lands, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Exploration 
and Production Reform Act of 2009’’. 
SEC. 2. 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: 
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‘‘(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 
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 
the conservation of resources after the date of the 
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lease issuances. The Secretary shall have 30 days 
from the date the plan is deemed complete to con-
duct a review of the plan. If the Secretary finds the 
plan is not consistent with the lease and all such 
statutory and regulatory requirements, the Secretary 
shall notify the lessee with a detailed explanation of 
such modifications of such plan as are necessary to 
achieve compliance. The Secretary shall have 30 
days to review any 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 compliance 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. 
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‘‘(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) If a significant revision of an exploration 
plan under this subsection is submitted to the Sec-
retary, the process to be used for the review of such 
revision shall be the same as set forth in subsection 
(c) of this section. 
‘‘(2) All exploration activities pursuant to any 
lease shall be conducted in accordance with an explo-
ration plan or a revised plan which has been sub-
mitted to and reviewed by the Secretary.’’. 
SEC. 3. REVIEW OF OUTER CONTINENTAL SHELF DEVELOP-
MENT AND PRODUCTION PLANS. 
Section 25 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1351(a)) is amended to read as follows: 
‘‘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 
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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-
ments associated with such facilities and operations, 
and all environmental and safety safeguards to be 
implemented. 
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‘‘(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 Federal Exploration and Produc-
tion Reform Act of 2008, no oil and gas lease may be 
issued pursuant to this Act in any region of the outer Con-
tinental 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 
date of enactment of the Federal Exploration and Produc-
tion Reform Act of 2008. 
‘‘(c) SCOPE AND CONTENTS OF PLAN.—A plan may 
apply to more than one oil and gas lease, and shall set 
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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. 
‘‘(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, 
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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, and any 
regulations promulgated under this Act related to 
the conservation of resources after the date of lease 
issuance. The plan shall include all required infor-
mation and documentation required under sub-
section (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 
the plan is consistent with lease terms, and statutory 
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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 
SUBMIT 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 sections 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. 4. REGULATION OF ONSHORE SURFACE-DISTURBING 
ACTIVITIES. 
(a) 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, 
and shall determine reclamation and other actions as 
required in the interest of conservation of surface re-
sources. 
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‘‘(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; 
‘‘(ii) the surface and projected com-
pletion zone location; 
‘‘(iii) pertinent geologic data; 
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‘‘(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 and any regulations 
promulgated after the date of lease 
issuance related to the conservation of re-
sources; 
‘‘(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 described in subpara-
graph (E)(vii), the Secretary shall notify the 
lessee with a detailed explanation of such modi-
fications 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, and 
any regulations promulgated after the date 
of lease issuance related to the conserva-
tion of resources; 
‘‘(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; 
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‘‘(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. 
‘‘(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 de-
scribed in subparagraph (E)(x), the Secretary 
shall notify the lessee with a detailed expla-
nation of such modifications of the development 
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.— 
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‘‘(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 
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 a development and produc-
tion plan that has been submitted to and re-
viewed by the Secretary 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.’’. 
(b) Section 17(p) of the Mineral Leasing Act (30 
U.S.C. 226(p)) is repealed. 
Æ 
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