the outer Continental Shelf adjacent to any ter-
ritory or possession of the United States. 
‘‘(B) APPLICATION.—Subsection (a) shall 
not apply to any area conveyed by Congress to 
a territorial government for administration. 
‘‘(C) EXPLORATION LICENSE DURATION.— 
Exploration licenses granted under this para-
graph will be issued for a period pursuant to 
regulations prescribed by the Secretary. 
‘‘(D) LEASE.—Upon showing to the satis-
faction of the Secretary that valuable mineral 
deposits have been discovered by the licensee 
within the area described by the exploration li-
cense of the licensee, the licensee will be enti-
tled to a lease for any or all of that area at a 
royalty rate established by regulation and lease 
terms. 
‘‘(E) LEASE
DURATION.—Leases under 
this section will be issued for a period estab-
lished by regulation with a preferential right in 
the lessee to renew.’’. 
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SEC. 109. WIND LEASE SALES ON THE OUTER CONTI-
NENTAL SHELF. 
The Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 33. WIND LEASE SALES ON THE OUTER CONTINENTAL 
SHELF. 
‘‘(a) AUTHORIZATION.—The Secretary may conduct 
wind lease sales on the outer Continental Shelf. 
‘‘(b) WIND LEASE SALE PROCEDURE.—Any wind 
lease sale conducted under this section shall be considered 
a lease under section 8(p). 
‘‘(c) WIND LEASE SALE OFF COAST
OF CALI-
FORNIA.—The Secretary, in consultation with the Sec-
retary of Defense, shall offer a wind lease sale on the outer 
Continental shelf off the coast of California as soon as 
practicable, but not later than one year after the date of 
enactment of this section. 
‘‘(d) WIND LEASE SALES OFF COAST OF PUERTO 
RICO, VIRGIN ISLANDS OF THE UNITED STATES, AND 
GUAM.— 
‘‘(1) STUDY ON FEASIBILITY OF CONDUCTING 
WIND LEASE SALES OFF COAST OF PUERTO RICO, 
VIRGIN
ISLANDS
OF
THE
UNITED
STATES, AND 
GUAM.— 
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‘‘(A) STUDY.—The Director of the Bureau 
of Ocean Energy Management shall conduct a 
study on the feasibility, including the long term 
economic feasibility, of conducting wind lease 
sales on the outer Continental Shelf off the 
coast of Puerto Rico, the Virgin Islands of the 
United States, and Guam. 
‘‘(B) SUBMISSION OF RESULTS.—Not later 
than 180 days after the date of the enactment 
of this section, the Director of the Bureau of 
Ocean Energy Management shall submit to 
Congress the results of the study conducted 
under subparagraph (A). 
‘‘(2) WIND LEASE SALES CONDITIONAL UPON 
RESULTS OF STUDY.— 
‘‘(A) WIND LEASE SALE OFF COAST OF 
PUERTO
RICO.—If the study required under 
paragraph (1)(A) concludes that a wind lease 
sale on the outer Continental Shelf off the coast 
of Puerto Rico is feasible, then the Secretary 
shall offer a wind lease sale on the outer Conti-
nental shelf off the coast of Puerto Rico as soon 
as practicable, but not later than one year after 
the date of the enactment of this section. 
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‘‘(B) WIND LEASE SALE OFF COAST OF 
VIRGIN ISLANDS OF THE UNITED STATES.—If 
the study required under paragraph (1)(A) con-
cludes that a wind lease sale on the outer Con-
tinental Shelf off the coast of the Virgin Islands 
of the United States is feasible, then the Sec-
retary shall offer a wind lease sale on the outer 
Continental shelf off the coast of the Virgin Is-
lands of the United States as soon as prac-
ticable, but not later than one year after the 
date of the enactment of this section. 
‘‘(C) WIND LEASE SALE OFF COAST OF 
GUAM.—If the study required under paragraph 
(1)(A) concludes that a wind lease sale on the 
outer Continental Shelf off the coast of Guam 
is feasible, then the Secretary shall offer a wind 
lease sale on the outer Continental shelf off the 
coast of Guam as soon as practicable, but not 
later than one year after the date of the enact-
ment of this section. 
‘‘(e) WIND LEASE SALE OFF COAST OF HAWAII.— 
‘‘(1) STUDY ON FEASIBILITY OF CONDUCTING 
WIND LEASE SALES OFF COAST OF THE STATE OF 
HAWAII.— 
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‘‘(A) STUDY.—The Secretary, in consulta-
tion with the Secretary of Defense, shall con-
duct a study on the feasibility of conducting 
wind lease sales on the outer Continental Shelf 
off the coast of the State of Hawaii. 
‘‘(B) SUBMISSION OF RESULTS.—Not later 
than 180 days after the date of the enactment 
of this section, the Secretary shall submit to 
Congress the results of the study conducted 
under subparagraph (A). 
‘‘(2) WIND LEASE SALES CONDITIONAL UPON 
RESULTS OF STUDY.—If the study required under 
paragraph (1)(A) concludes that a wind lease sale on 
the outer Continental Shelf off the coast of the State 
of Hawaii is feasible, then the Secretary shall offer 
a wind lease sale on the outer Continental shelf off 
the coast of the State of Hawaii as soon as prac-
ticable, but not later than one year after the date of 
the enactment of this section.’’. 
SEC. 110. REDUCING PERMITTING DELAYS FOR TAKING OF 
MARINE MAMMALS. 
(a) ADDRESSING PERMITS FOR TAKING OF MARINE 
MAMMALS.—Section 101(a)(5)(D) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1371(a)(5)(D)) is 
amended as follows: 
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(1) In clause (i)— 
(A) by striking ‘‘citizens of the United 
States’’ and inserting ‘‘persons’’; 
(B) by striking ‘‘within a specific geo-
graphic region’’; 
(C) by striking ‘‘of small numbers’’; 
(D) by striking ‘‘such citizens’’ and insert-
ing ‘‘such persons’’; and 
(E) by striking ‘‘within that region’’. 
(2) In clause (ii)— 
(A) in subclause (I), by striking ‘‘, and 
other means of effecting the least practicable 
impact on such species or stock and its habi-
tat’’; 
(B) in subclause (III), by striking ‘‘re-
quirements pertaining to the monitoring and re-
porting of such taking by harassment, includ-
ing’’ and inserting ‘‘efficient and practical re-
quirements pertaining to the monitoring of such 
taking by harassment while the activity is being 
conducted and the reporting of such taking, in-
cluding, as the Secretary determines nec-
essary,’’; and 
(C) by adding at the end the following: 
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‘‘Any condition imposed pursuant to subclause (I), (II), 
or (III) may not result in more than a minor change to 
the specified activity and may not alter the basic design, 
location, scope, duration, or timing of the specified activ-
ity.’’. 
(3) In clause (iii), by striking ‘‘receiving an ap-
plication under this subparagraph’’ and inserting 
‘‘an application is accepted or required to be consid-
ered complete under subclause (I)(aa), (II)(aa), or 
(IV) of clause (viii), as applicable,’’. 
(4) In clause (vi), by striking ‘‘a determination 
of ‘least practicable adverse impact on such species 
or stock’ under clause (i)(I)’’ and inserting ‘‘condi-
tions imposed under subclause (I), (II), or (III) of 
clause (ii)’’. 
(5) By adding at the end the following: 
‘‘(viii)(I) The Secretary shall— 
‘‘(aa) accept as complete a written request for 
authorization under this subparagraph for incidental 
taking described in clause (i), by not later than 45 
days after the date of submission of the request; or 
‘‘(bb) provide to the requester, by not later than 
15 days after the date of submission of the request, 
a written notice describing any additional informa-
tion required to complete the request. 
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‘‘(II) If the Secretary provides notice under subclause 
(I)(bb), the Secretary shall, by not later than 30 days after 
the date of submission of the additional information de-
scribed in the notice— 
‘‘(aa) accept the written request for authoriza-
tion under this subparagraph for incidental taking 
described in clause (i); or 
‘‘(bb) deny the request and provide the re-
quester a written explanation of the reasons for the 
denial. 
‘‘(III) The Secretary may not under this subpara-
graph make a second request for information, request that 
the requester withdraw and resubmit the request, or other-
wise delay a decision on the request. 
‘‘(IV) If the Secretary fails to respond to a request 
for authorization under this subparagraph in the manner 
provided in subclause (I) or (II), the request shall be con-
sidered to be complete. 
‘‘(ix)(I) At least 90 days before the date of the expira-
tion of any authorization issued under this subparagraph, 
the holder of such authorization may apply for a one-year 
extension of such authorization. The Secretary shall grant 
such extension within 14 days after the date of such re-
quest on the same terms and without further review if 
there has been no substantial change in the activity car-
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ried out under such authorization nor in the status of the 
marine mammal species or stock, as applicable, as re-
ported in the final annual stock assessment reports for 
such species or stock. 
‘‘(II) In subclause (I) the term ‘substantial change’ 
means a change that prevents the Secretary from making 
the required findings to issue an authorization under 
clause (i) with respect to such species or stock. 
‘‘(III) The Secretary shall notify the applicant of 
such substantial changes with specificity and in writing 
within 14 days after the applicant’s submittal of the exten-
sion request. 
‘‘(x) If the Secretary fails to make the required find-
ings and, as appropriate, issue the authorization within 
120 days after the application is accepted or required to 
be considered complete under subclause (I)(aa), (II)(aa), 
or (III) of clause (viii), as applicable, the authorization 
is deemed to have been issued on the terms stated in the 
application and without further process or restrictions 
under this Act.’’. 
(b) 
REMOVING
DUPLICATIONS.—Section 
101(a)(5)(D) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371(a)(5)(D)), as amended by sub-
section (a), is further amended by adding at the end the 
following: 
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‘‘(xi) Any taking of a marine mammal in compliance 
with an authorization under this subparagraph is exempt 
from the prohibition on taking in section 9 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1538). Any Federal 
agency authorizing, funding, or carrying out an action 
that results in such taking, and any agency action author-
izing such taking, is exempt from the requirement to con-
sult regarding potential impacts to marine mammal spe-
cies or designated critical habitat under section 7(a)(2) 
of such Act (16 U.S.C. 1536(a)(2)).’’. 
TITLE II—ONSHORE 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Opportunities for the 
Nation and States to Harness Onshore Resources for En-
ergy Act’’ or the ‘‘ONSHORE Act’’. 
SEC. 202. COOPERATIVE FEDERALISM IN OIL AND GAS PER-
MITTING ON AVAILABLE FEDERAL LAND. 
(a) IN GENERAL.—The Mineral Leasing Act (30 
U.S.C. 181 et seq.) is amended— 
(1) by redesignating section 44 as section 47; 
and 
(2) by adding after section 43 the following new 
section: 
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‘‘SEC. 44. COOPERATIVE FEDERALISM IN OIL AND GAS PER-
MITTING ON AVAILABLE FEDERAL LAND. 
‘‘(a) AUTHORIZATIONS.— 
‘‘(1) IN GENERAL.—Upon receipt of an applica-
tion under subsection (b), the Secretary may dele-
gate to a State exclusive authority— 
‘‘(A) to issue an APD on available Federal 
land; or 
‘‘(B) to approve drilling plans on available 
Federal land. 
‘‘(2) SUNDRY
NOTICES.—Any authorization 
under paragraph (1) may, upon the request of the 
State, include authority to issue sundry notices. 
‘‘(3) INSPECTION
AND
ENFORCEMENT.—Any 
authorization under paragraph (1) may, upon the re-
quest of the State, include authorization to inspect 
and enforce an APD or drilling plan, as applicable. 
‘‘(b) STATE APPLICATION PROCESS.— 
‘‘(1) SUBMISSION
OF
APPLICATION.—A State 
may submit an application under subparagraph (A) 
or (B) of subsection (a)(1) to the Secretary at such 
time and in such manner as the Secretary may re-
quire. 
‘‘(2) CONTENT OF APPLICATION.—An applica-
tion submitted under this subsection shall include— 
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‘‘(A) a description of the State program 
that the State proposes to administer under 
State law; and 
‘‘(B) a statement from the Governor or at-
torney general of such State that the laws of 
such State provide adequate authority to carry 
out the State program. 
‘‘(3) DEADLINE
FOR
APPROVAL
OR
DIS-
APPROVAL.—Not later than 180 days after the date 
of receipt of an application under this subsection, 
the Secretary shall approve or disapprove such appli-
cation. 
‘‘(4) CRITERIA FOR APPROVAL.—The Secretary 
may approve an application received under this sub-
section only if the Secretary has— 
‘‘(A) determined that the State applicant 
would be at least as effective as the Secretary 
in issuing APDs or in approving drilling plans, 
as applicable; 
‘‘(B) determined that the State program of 
the State applicant— 
‘‘(i) complies with this Act; and 
‘‘(ii) provides for the termination or 
modification of an issued APD or approved 
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drilling plan, as applicable, for cause, in-
cluding for— 
‘‘(I) the violation of any condi-
tion of the issued APD or approved 
drilling plan; 
‘‘(II) obtaining the issued APD 
or approved drilling plan by misrepre-
sentation; or 
‘‘(III) failure to fully disclose in 
the application all relevant facts; 
‘‘(C) determined that the State applicant 
has sufficient administrative and technical per-
sonnel and sufficient funding to carry out the 
State program; 
‘‘(D) provided notice to the public, solicited 
public comment, and held a public hearing with-
in the State; 
‘‘(E) determined that approval of the ap-
plication would not result in decreased royalty 
payments owed to the United States under sec-
tion 35(a), except as provided in subsection (e) 
of that section; and 
‘‘(F) in the case of a State applicant seek-
ing authority under subsection (a)(3) to inspect 
and enforce APDs or drilling plans, as applica-
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ble, entered into a memorandum of under-
standing with a State applicant that delineates 
the Federal and State responsibilities with re-
spect to such inspection and enforcement. 
‘‘(5) DISAPPROVAL.—If the Secretary dis-
approves an application submitted under this sub-
section, then the Secretary shall— 
‘‘(A) notify, in writing, the State applicant 
of the reason for the disapproval and any revi-
sions or modifications necessary to obtain ap-
proval; and 
‘‘(B) provide any additional information, 
data, or analysis upon which the disapproval is 
based. 
‘‘(6) RESUBMITTAL OF APPLICATION.—A State 
may resubmit an application under this subsection 
at any time. 
‘‘(7) 
STATE
MEMORANDUM
OF
UNDER-
STANDING.—Before a State submits an application 
under this subsection, the Secretary may, at the re-
quest of a State, enter into a memorandum of un-
derstanding with the State regarding the proposed 
State program— 
‘‘(A) to delineate the Federal and State re-
sponsibilities for oil and gas regulations; 
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‘‘(B) to provide technical assistance; and 
‘‘(C) to share best management practices. 
‘‘(c) ADMINISTRATIVE FEES FOR APDS.— 
‘‘(1) IN GENERAL.—A State for which authority 
has been delegated under subsection (a)(1)(A) may 
collect a fee for each application for an APD that 
is submitted to the State. 
‘‘(2) NO
COLLECTION
OF
FEE
BY
SEC-
RETARY.—The Secretary may not collect a fee from 
the applicant or from the State for an application 
for an APD that is submitted to a State for which 
authority 
has 
been 
delegated 
under 
section 
44(a)(1)(A). 
‘‘(3) FEE
AMOUNT.—The fee collected under 
paragraph (1) shall be less than or equal to the 
amount of the fee collected by the Secretary under 
section 35(d)(2) from States for which authority has 
not been delegated under subsection (a)(1)(A). 
‘‘(4) USE.—A State shall use 100 percent of 
the fees collected under this subsection for the ad-
ministration of the approved State program of the 
State. 
‘‘(d) VOLUNTARY TERMINATION OF AUTHORITY.—A 
State may voluntarily terminate any authority delegated 
to such State under subsection (a) upon providing written 
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notice to the Secretary 60 days in advance. Upon expira-
tion of such 60-day period, the Secretary shall resume any 
activities for which authority was delegated to the State 
under subsection (a). 
‘‘(e) APPEAL OF DENIAL OF APPLICATION FOR APD 
OR APPLICATION FOR APPROVAL OF DRILLING PLAN.— 
‘‘(1) IN GENERAL.—If a State for which the 
Secretary has delegated authority under subsection 
(a)(1) denies an application for an APD or an appli-
cation for approval of a drilling plan, the applicant 
may appeal such decision to the Department of the 
Interior Office of Hearings and Appeals. 
‘‘(2) FEE
ALLOWED.—The Secretary may 
charge the applicant a fee for the appeal referred to 
in paragraph (1). 
‘‘(f) FEDERAL ADMINISTRATION
OF STATE PRO-
GRAM.— 
‘‘(1) NOTIFICATION.—If the Secretary has rea-
son to believe that a State is not administering or 
enforcing an approved State program, the Secretary 
shall notify the relevant State regulatory authority 
of any possible deficiencies. 
‘‘(2) STATE
RESPONSE.—Not later than 30 
days after the date on which a State receives notifi-
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cation of a possible deficiency under paragraph (1), 
the State shall— 
‘‘(A) take appropriate action to correct the 
possible deficiency; and 
‘‘(B) notify the Secretary of the action in 
writing. 
‘‘(3) DETERMINATION.— 
‘‘(A) IN GENERAL.—On expiration of the 
30-day period referred to in paragraph (2), if 
the Secretary determines that a violation of all 
or any part of an approved State program has 
resulted from a failure of the State to admin-
ister or enforce the approved State program of 
the State or that the State has not dem-
onstrated its capability and intent to administer 
or enforce such a program, the Secretary shall 
issue public notice of such a determination. 
‘‘(B) APPEAL.—A State may appeal the 
determination of the Secretary under subpara-
graph (A) in the applicable United States Dis-
trict Court. The Secretary may not resume ac-
tivities under paragraph (4) pending the resolu-
tion of the appeal. 
‘‘(4) RESUMPTION BY SECRETARY.—If the Sec-
retary has made a determination under paragraph 
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(3), the Secretary shall resume any activities for 
which authority was delegated to the State during 
the period— 
‘‘(A) beginning on the date on which the 
Secretary issues the public notice under para-
graph (3); and 
‘‘(B) ending on the date on which the Sec-
retary determines that the State will administer 
or enforce, as applicable, the approved State 
program of the State. 
‘‘(5) STANDING.—States with approved regu-
latory programs shall have standing to sue the Sec-
retary for any action taken under this subsection. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) AVAILABLE
FEDERAL
LAND.—The term 
‘available Federal land’ means any Federal land 
that— 
‘‘(A) is located within the boundaries of a 
State; 
‘‘(B) is not held by the United States in 
trust for the benefit of a federally recognized 
Indian Tribe or a member of such an Indian 
Tribe; 
‘‘(C) is not a unit of the National Park 
System; 
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‘‘(D) is not a unit of the National Wildlife 
Refuge System, except for the portion of such 
unit for which oil and gas drilling is allowed 
under law; 
‘‘(E) is not a congressionally approved wil-
derness area under the Wilderness Act (16 
U.S.C. 1131 et seq.); and 
‘‘(F) has been identified as land available 
for lease or has been leased for the exploration, 
development, and production of oil and gas— 
‘‘(i) by the Bureau of Land Manage-
ment under— 
‘‘(I) a resource management plan 
under the process provided for in the 
Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); 
or 
‘‘(II) an integrated activity plan 
with respect to the National Petro-
leum Reserve in Alaska; or 
‘‘(ii) by the Forest Service under a 
National Forest management plan under 
the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1600 et seq.). 
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‘‘(2) DRILLING PLAN.—The term ‘drilling plan’ 
means a plan described under section 3162.3–1(e) of 
title 43, Code of Federal Regulations (or successor 
regulation). 
‘‘(3) APD.—The term ‘APD’ means a permit— 
‘‘(A) that grants authority to drill for oil 
and gas; and 
‘‘(B) for which an application has been re-
ceived that contains— 
‘‘(i) a drilling plan; 
‘‘(ii) a surface use plan of operations 
described under section 3162.3–1(f) of title 
43, Code of Federal Regulations (or suc-
cessor regulation); 
‘‘(iii) evidence of bond coverage; and 
‘‘(iv) such other information as may 
be required by applicable orders and no-
tices. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior. 
‘‘(5) STATE.—The term ‘State’ means each of 
the several States. 
‘‘(6) STATE APPLICANT.—The term ‘State ap-
plicant’ means a State that has submitted an appli-
cation under subsection (b). 
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