I 
117TH CONGRESS 
1ST SESSION H. R. 4334 
To empower States to manage the development and production of oil and 
gas on available Federal land, to distribute revenues from oil and gas 
leasing on the Outer Continental Shelf to certain coastal States, to 
promote alternative energy development, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2021 
Mr. SCALISE (for himself and Mr. WESTERMAN) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on the Budget, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To empower States to manage the development and produc-
tion of oil and gas on available Federal land, to dis-
tribute revenues from oil and gas leasing on the Outer 
Continental Shelf to certain coastal States, to promote 
alternative energy development, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Energy First Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is the following: 
Sec. 1. Short title; table of contents. 
TITLE I—ONSHORE OIL AND GAS 
Sec. 101. Cooperative federalism in oil and gas permitting on available Federal 
land. 
Sec. 102. Conveyance to certain States of property interest in State share of 
royalties and other payments. 
Sec. 103. Access to Federal oil and gas from non-Federal surface estate. 
Sec. 104. Exemption of certain payments from sequestration. 
Sec. 105. State and Tribal authority for hydraulic fracturing regulation. 
Sec. 106. Protested lease sales. 
Sec. 107. Clarification regarding liability under Migratory Bird Treaty Act. 
Sec. 108. Amendments to the Energy Policy Act of 2005. 
Sec. 109. Administrative protest process reform. 
Sec. 110. Notifications of permit to drill. 
TITLE II—OFFSHORE OIL AND GAS 
Sec. 201. Limitation of authority of the President to withdraw areas of the 
Outer Continental Shelf from oil and gas leasing. 
Sec. 202. Disposition of revenue from oil and gas leasing on the Outer Conti-
nental Shelf to Atlantic States and Alaska. 
Sec. 203. Gulf of Mexico Outer Continental Shelf revenue. 
Sec. 204. Addressing permits for taking of marine mammals. 
Sec. 205. Energy development in the Eastern Gulf of Mexico. 
Sec. 206. Annual lease sales in Gulf of Mexico region. 
TITLE III—ALTERNATIVE ENERGY 
Sec. 301. Geothermal, solar, and wind leasing priority areas. 
Sec. 302. Geothermal production on Federal lands. 
Sec. 303. Application of Outer Continental Shelf Lands Act with respect to ter-
ritories of the United States. 
Sec. 304. Disposition of revenues with respect to territories of the United 
States. 
Sec. 305. Wind lease sales for areas of Outer Continental Shelf. 
Sec. 306. Establishment of Coral Reef Conservation Fund. 
Sec. 307. Parity in offshore wind revenue sharing. 
Sec. 308. Energy and environmental remediation demonstration project for 
biochar. 
TITLE IV—LIMITATIONS ON LEASING MORATORIUMS 
Sec. 401. Coal leases. 
Sec. 402. Congressional authority requirement. 
Sec. 403. Prohibition on moratoria of new energy leases on certain Federal land 
and on withdrawal of Federal land from energy development. 
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TITLE I—ONSHORE OIL AND GAS 
SEC. 101. 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: 
‘‘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 Application for Permit to 
Drill 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 process sundry notices. 
‘‘(3) INSPECTION
AND
ENFORCEMENT.—Any 
authorization under paragraph (1) may, upon the re-
quest of the State, include authorization to inspect 
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and enforce an Application for Permit to Drill or 
drilling plan, as applicable. An authorization under 
paragraph (1)(A) shall not affect the ability of the 
Secretary to collect inspection fees under section 
108(d) of the Federal Oil and Gas Royalty Manage-
ment Act of 1982 (30 U.S.C. 1718(d)). 
‘‘(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— 
‘‘(A) a description of the State program 
that the State proposes to administer under 
State law, including a State drilling plan; 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, 
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‘‘(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 such 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 Applications for Permit to Drill or 
drilling plans, as applicable, entered into a 
memorandum of understanding with such State 
applicant that delineates the Federal and State 
responsibilities with respect 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, such State appli-
cant of the reason for the disapproval and any 
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revisions or modifications necessary to obtain 
approval; 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 such State, enter into a memorandum of 
understanding with such State regarding the pro-
posed State program— 
‘‘(A) to delineate the Federal and State re-
sponsibilities for oil and gas regulations; 
‘‘(B) to provide technical assistance; and 
‘‘(C) to share best management practices. 
‘‘(c) ADMINISTRATIVE FEES FOR APPLICATIONS FOR 
PERMIT TO DRILL.— 
‘‘(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 Application 
for Permit to Drill that is submitted to the State. 
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‘‘(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 Application for Permit to Drill that is sub-
mitted to a State for which authority has been dele-
gated under subsection (a)(1)(A). 
‘‘(3) FEE
AMOUNT.—The fee collected under 
paragraph (1) shall be less than or equal to the 
amount of the fee described in section 35(d)(2). 
‘‘(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 
notice to the Secretary 60 days in advance of the date 
of termination. Upon expiration 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 AP-
PLICATION FOR PERMIT TO DRILL OR APPLICATION FOR 
APPROVAL OF DRILLING PLAN.— 
‘‘(1) IN GENERAL.—If a State for which the 
Secretary has delegated authority under subsection 
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(a)(1) denies an application for an Application for 
Permit to Drill or an application 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-
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.— 
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‘‘(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.—Subject to 
paragraph (3)(B), 30 days after the date on which 
the Secretary issues the public notice described in 
paragraph (3)(A), the Secretary shall resume any 
activities for which authority was delegated to the 
State during the period— 
‘‘(A) beginning on the date 30 days after 
the date on which the Secretary issues the pub-
lic notice under paragraph (3)(A); and 
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‘‘(B) ending on the date on which the Sec-
retary determines that the State will administer 
or enforce, as applicable, such State’s approved 
State program. 
‘‘(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) APPLICATION FOR PERMIT TO DRILL.— 
The term ‘Application for Permit to Drill’ or ‘Appli-
cations for Permit to Drill’ 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. 
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‘‘(2) 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; 
‘‘(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 
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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.). 
‘‘(3) 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). 
‘‘(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). 
‘‘(7) STATE PROGRAM.—The term ‘State pro-
gram’ means a program that provides for a State 
to— 
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‘‘(A) issue Applications for Permit to Drill 
or approve drilling plans, as applicable, on 
available Federal land; and 
‘‘(B) impose sanctions for violations of 
State laws, regulations, or any condition of an 
issued Application for Permit to Drill or ap-
proved drilling plan, as applicable. 
‘‘(8) SUNDRY NOTICE.—The term ‘sundry no-
tice’ means a written request— 
‘‘(A) to perform work not covered under an 
Application for Permit to Drill or drilling plan; 
or 
‘‘(B) for a change to operations covered 
under an Application for Permit to Drill or 
drilling plan.’’. 
(b) INSPECTION FEES.—Section 108 of the Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1718) is amended by adding at the end the following: 
‘‘(d) INSPECTION FEES FOR CERTAIN STATES.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct inspections of operations under each oil and gas 
lease. The Secretary shall collect annual nonrefund-
able inspection fees in the amount specified in para-
graph (2), from each designated operator under each 
oil and gas lease on Federal land that is subject to 
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inspection under subsection (b) and that is located 
in a State for which the Secretary has delegated au-
thority under section 44(a)(1)(A) of the Mineral 
Leasing Act. 
‘‘(2) AMOUNT.—The amount of the fees col-
lected under paragraph (1) shall be— 
‘‘(A) $700 for each lease or unit or 
communitization agreement with no active or 
inactive wells, but with surface use, disturb-
ance, or reclamation; 
‘‘(B) $1,225 for each lease or unit or 
communitization agreement with 1 to 10 wells, 
with any combination of active or inactive wells; 
‘‘(C) $4,900 for each lease or unit or 
communitization agreement with 11 to 50 wells, 
with any combination of active or inactive wells; 
and 
‘‘(D) $9,800 for each lease or unit or 
communitization agreement with more than 50 
wells, with any combination of active or inactive 
wells. 
‘‘(3) ONSHORE ENERGY SAFETY FUND.—There 
is established in the Treasury a fund, to be known 
as the Onshore Energy Safety Fund (referred to in 
this subsection as the ‘Fund’), into which shall be 
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deposited all amounts collected as fees under para-
graph (1). 
‘‘(4) AVAILABILITY OF FEES.—Notwithstanding 
section 3302 of title 31, United States Code, all 
amounts deposited in the Fund— 
‘‘(A) shall be credited as offsetting collec-
tions; 
‘‘(B) shall be available only to the extent 
provided for in advance in an appropriations 
Act; and 
‘‘(C) shall only be available for expenditure 
for purposes of carrying out inspections of on-
shore oil and gas operations in those States for 
which the Secretary has delegated authority 
under section 44(a)(1)(A) of the Mineral Leas-
ing Act. 
‘‘(5) PAYMENT
DUE
DATE.—The Secretary 
shall require payment of any fee assessed under this 
subsection not later than 30 days after the Secretary 
provides notice of the assessment of the fee after the 
completion of an inspection. 
‘‘(6) PENALTY.—If a designated operator as-
sessed a fee under this subsection fails to pay the 
full amount of the fee as prescribed in this sub-
section, the Secretary may, in addition to using any 
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other applicable enforcement authority, assess civil 
penalties against the operator under section 109 in 
the same manner as if this section were a mineral 
leasing law. 
‘‘(7) NOTIFICATION TO STATE OF NONCOMPLI-
ANCE.—If, on the basis of any inspection under sub-
section (b), the Secretary determines that an oper-
ator is in noncompliance with the requirements of 
mineral leasing laws and this chapter, the Secretary 
shall notify the State of such noncompliance imme-
diately.’’. 
SEC. 102. CONVEYANCE TO CERTAIN STATES OF PROPERTY 
INTEREST IN STATE SHARE OF ROYALTIES 
AND OTHER PAYMENTS. 
(a) IN GENERAL.—Section 35 of the Mineral Leasing 
Act (30 U.S.C. 191) is amended— 
(1) in subsection (a), by striking ‘‘shall be paid 
into the Treasury’’ and inserting ‘‘shall, except as 
provided in subsection (e), be paid into the Treas-
ury’’; 
(2) in subsection (c)(1), by inserting ‘‘and ex-
cept as provided in subsection (e)’’ before ‘‘, any 
rentals’’; and 
(3) by adding at the end the following: 
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‘‘(B) the leaseholder is required to pay the 
amounts directly to the State. 
‘‘(4) REPORT.—A State that has received a 
conveyance under this subsection shall report month-
ly to the Office of Natural Resources Revenue of the 
Department of the Interior the amount paid to such 
State pursuant to this subsection. 
‘‘(5) APPLICATION WITH RESPECT TO FEDERAL 
OIL AND GAS ROYALTY MANAGEMENT ACT.—With 
respect to the interest conveyed to a State under 
this subsection from sales, bonuses, royalties (includ-
ing interest charges), and rentals collected under the 
Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1701 et seq.), this subsection shall 
only apply with respect to States for which the Sec-
retary has delegated any authority under section 
44(a)(1).’’. 
(b) ADMINISTRATIVE COSTS.—Section 35(b) of the 
Mineral Leasing Act (30 U.S.C. 191(b)) is amended by 
striking ‘‘In determining’’ and inserting ‘‘Except with re-
spect to States for which the Secretary has delegated any 
authority under section 44(a)(1), in determining’’. 
(c) CONFORMING AMENDMENT.—Section 205(f) of 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1735(f)) is amended by striking ‘‘All moneys’’ 
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and inserting ‘‘Subject to subsection (e) of section 35 of 
the Mineral Leasing Act (30 U.S.C. 191), all moneys’’. 
SEC. 103. ACCESS TO FEDERAL OIL AND GAS FROM NON- 
FEDERAL SURFACE ESTATE. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 
226) is amended by adding at the end the following: 
‘‘(q) NO FEDERAL PERMIT REQUIRED FOR OIL AND 
GAS ACTIVITIES ON CERTAIN LAND.— 
‘‘(1) IN GENERAL.—The Secretary shall not re-
quire an operator to obtain a Federal drilling permit 
for oil and gas exploration and production activities 
conducted on non-Federal surface estate, provided 
that— 
‘‘(A) the United States holds an ownership 
interest of less than 50 percent of the sub-
surface mineral estate to be accessed by the 
proposed action; and 
‘‘(B) the operator submits to the Secretary 
a State permit to conduct oil and gas explo-
ration and production activities on the non-Fed-
eral surface estate. 
‘‘(2) NO FEDERAL ACTION.—An oil and gas ex-
ploration and production activity carried out under 
paragraph (1)— 
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‘‘(A) shall require no additional Federal 
action; 
‘‘(B) may commence 30 days after submis-
sion of the State permit to the Secretary; 
‘‘(C) shall be categorically excluded from 
any further analysis and documentation under 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) if the activity is con-
ducted pursuant to the Mineral Leasing Act (30 
U.S.C. 181 et seq.) for the purpose of explo-
ration or development of oil or gas; and 
‘‘(D) shall not be subject to— 
‘‘(i) section 306108 of title 54, United 
States Code (commonly known as the Na-
tional Historic Preservation Act of 1966); 
and 
‘‘(ii) section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1536). 
‘‘(3) ROYALTIES AND PRODUCTION ACCOUNT-
ABILITY.—(A) Nothing in this subsection shall affect 
the amount of royalties due to the United States 
under this Act from the production of oil and gas, 
or alter the Secretary’s authority to conduct audits 
and collect civil penalties pursuant to the Federal 
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Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1701 et seq.). 
‘‘(B) The Secretary may conduct onsite reviews 
and inspections to ensure proper accountability, 
measurement, and reporting of production of Fed-
eral oil and gas, and payment of royalties. 
‘‘(4) EXCEPTIONS.—This subsection shall not 
apply to actions on Indian lands or resources man-
aged in trust for the benefit of Indian Tribes.’’. 
SEC. 104. EXEMPTION OF CERTAIN PAYMENTS FROM SE-
QUESTRATION. 
(a) IN GENERAL.—Section 255(g)(1)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
(2 U.S.C. 905(g)(1)(A)) is amended by inserting after 
‘‘Payments to Social Security Trust Funds (28–0404–0– 
1–651).’’ the following: 
‘‘Payments to States pursuant to section 35 of 
the Mineral Leasing Act (30 U.S.C. 191) (014- 
5003-0-2-806).’’. 
(b) APPLICABILITY.—The amendment made by this 
section shall apply to any sequestration order issued under 
the Balanced Budget and Emergency Deficit Control Act 
of 1985 (2 U.S.C. 900 et seq.) on or after the date of 
enactment of this Act. 
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SEC. 105. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC 
FRACTURING REGULATION. 
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended by inserting after section 44 (as added by section 
101) the following: 
‘‘SEC. 45. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC 
FRACTURING REGULATION. 
‘‘(a) IN GENERAL.—The Secretary of the Interior 
shall not enforce any Federal regulation, guidance, or per-
mit requirement regarding hydraulic fracturing relating to 
oil, gas, or geothermal production activities on or under 
any land in any State that has regulations, guidance, or 
permit requirements for that activity. 
‘‘(b) STATE AUTHORITY.—The Secretary of the Inte-
rior shall defer to State regulations, guidance, and permit 
requirements for all activities regarding hydraulic frac-
turing relating to oil, gas, or geothermal production activi-
ties on Federal land. 
‘‘(c) TRANSPARENCY OF STATE REGULATIONS.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Bureau of Land Management a copy of the reg-
ulations of such State that apply to hydraulic frac-
turing operations on Federal land, including those 
that require disclosure of chemicals used in hydrau-
lic fracturing operations. 
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‘‘(2) AVAILABILITY.—The Secretary of the In-
terior shall make available to the public on the 
website of the Secretary the regulations submitted 
under paragraph (1). 
‘‘(d) TRIBAL AUTHORITY ON TRUST LAND.—The 
Secretary of the Interior shall not enforce any Federal reg-
ulation, guidance, or permit requirement with respect to 
hydraulic fracturing on any land held in trust or restricted 
status for the benefit of a federally recognized Indian 
Tribe or a member of such an Indian Tribe, except with 
the express consent of the beneficiary on whose behalf 
such land is held in trust or restricted status. 
‘‘(e) HYDRAULIC FRACTURING DEFINED.—In this 
section, the term ‘hydraulic fracturing’ means the process 
of creating small cracks, or fractures, in underground geo-
logical formations for well stimulation purposes of bring-
ing hydrocarbons into the wellbore and to the surface for 
capture.’’. 
SEC. 106. PROTESTED LEASE SALES. 
Section 17(b)(1)(A) of the Mineral Leasing Act (30 
U.S.C. 226(b)(1)(A)) is amended by inserting ‘‘The Sec-
retary shall resolve any protest to a lease sale not later 
than 60 days after such payment.’’ after ‘‘annual rental 
for the first lease year.’’. 
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SEC. 107. CLARIFICATION REGARDING LIABILITY UNDER 
MIGRATORY BIRD TREATY ACT. 
Section 2 of the Migratory Bird Treaty Act (16 
U.S.C. 703) is amended by adding at the end the fol-
lowing: 
‘‘(c) LIMITATION ON APPLICATION TO ACCIDENTAL 
OR INCIDENTAL TAKE.—This Act shall not apply to any 
activity described in subsection (a) that is accidental or 
incidental to the presence or operation of an otherwise 
lawful activity.’’. 
SEC. 108. AMENDMENTS TO THE ENERGY POLICY ACT OF 
2005. 
Section 390 of the Energy Policy Act of 2005 (42 
U.S.C. 15942) is amended to read as follows: 
‘‘SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT RE-
VIEW. 
‘‘(a) NATIONAL ENVIRONMENTAL POLICY ACT RE-
VIEW.—Action by the Secretary of the Interior, in man-
aging the public lands, or the Secretary of Agriculture, 
in managing National Forest System lands, with respect 
to any of the activities described in subsection (d) shall 
be categorically excluded from any further analysis and 
documentation under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) if the activity is 
conducted pursuant to the Mineral Leasing Act (30 
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U.S.C. 181 et seq.) for the purpose of exploration or devel-
opment of oil or gas. 
‘‘(b) CATEGORICAL EXCLUSION.—Use of a categor-
ical exclusion created in this section— 
‘‘(1) shall not require a finding of no extraor-
dinary circumstances; and 
‘‘(2) shall be effective for the full term of the 
authorized permit or approval. 
‘‘(c) APPLICATION.—This section shall not apply to 
an action of the Secretary of the Interior or the Secretary 
of Agriculture on Indian lands or resources managed in 
trust for the benefit of Indian Tribes. 
‘‘(d) ACTIVITIES DESCRIBED.—The activities re-
ferred to in subsection (a) are as follows: 
‘‘(1) Reinstating a lease pursuant to section 31 
of the Mineral Leasing Act (30 U.S.C. 188). 
‘‘(2) The following activities, provided that any 
new surface disturbance is contiguous with the foot-
print of the original authorization and does not ex-
ceed 20 acres or the acreage evaluated in a docu-
ment previously prepared under section 102(2)(C) of 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)) with respect to such activity, 
whichever is greater: 
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‘‘(A) Drilling an oil or gas well at a well 
pad site at which drilling has occurred pre-
viously. 
‘‘(B) Expansion of an existing oil or gas 
well pad site to accommodate an additional well. 
‘‘(C) Expansion or modification of an ex-
isting oil or gas well pad site, road, pipeline, fa-
cility, or utility submitted in a sundry notice. 
‘‘(3) Drilling of an oil or gas well at a new well 
pad site, provided that the new surface disturbance 
does not exceed 20 acres or the acreage evaluated in 
a document previously prepared under section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 
activity, whichever is greater. 
‘‘(4) Construction or realignment of a road, 
pipeline, or utility within an existing right-of-way or 
within a right-of-way corridor established in a land 
use plan. 
‘‘(5) The following activities when conducted 
from non-Federal surface into federally owned min-
erals, provided that the operator submits to the Sec-
retary concerned certification of a surface use agree-
ment with the non-Federal landowner: 
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‘‘(A) Drilling an oil or gas well at a well 
pad site at which drilling has occurred pre-
viously. 
‘‘(B) Expansion of an existing oil or gas 
well pad site to accommodate an additional well. 
‘‘(C) Expansion or modification of an ex-
isting oil or gas well pad site, road, pipeline, fa-
cility, or utility submitted in a sundry notice. 
‘‘(6) Drilling of an oil or gas well from non- 
Federal surface and non-Federal subsurface into 
Federal mineral estate. 
‘‘(7) Construction of up to 1 mile of new road 
on Federal or non-Federal surface, not to exceed 2 
miles in total. 
‘‘(8) Construction of up to 3 miles of individual 
pipelines or utilities, regardless of surface owner-
ship.’’. 
SEC. 109. ADMINISTRATIVE PROTEST PROCESS REFORM. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 
226), as amended by section 103 of this Act, is further 
amended by adding at the end the following: 
‘‘(r) PROTEST FILING FEE.— 
‘‘(1) IN GENERAL.—Before processing any pro-
test filed under this section, the Secretary shall col-
lect a filing fee in the amount described in para-
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graph (2) from the protestor to recover the cost for 
processing documents filed for each administrative 
protest. 
‘‘(2) AMOUNT.—The amount described in this 
paragraph is calculated as follows: 
‘‘(A) For each protest filed in a submission 
not exceeding 10 pages in length, the base filing 
fee shall be $150. 
‘‘(B) For each submission exceeding 10 
pages in length, in addition to the base filing 
fee, an assessment of $5 per page in excess of 
10 pages shall apply. 
‘‘(C) For protests that include more than 
one oil and gas lease parcel, right-of-way, or ap-
plication for permit to drill in a submission, an 
additional assessment of $10 per additional 
lease parcel, right-of-way, or application for 
permit to drill shall apply. 
‘‘(3) ADJUSTMENT.— 
‘‘(A) IN GENERAL.—Beginning on January 
1, 2022, and annually thereafter, the Secretary 
shall adjust the filing fees established in this 
subsection to whole dollar amounts to reflect 
changes in the Producer Price Index, as pub-
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