nental Shelf Lands Act (43 
U.S.C. 1356a(b)(4)). 
‘‘(iii) TIMING.—The amounts required 
to be deposited under item (cc) of clause 
(ii)(I) for the applicable fiscal year shall be 
made available in accordance with that 
item during the fiscal year immediately fol-
lowing the applicable fiscal year. 
‘‘(iv) AUTHORIZED USES.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), each State shall use all 
amounts 
received 
under 
clause 
(ii)(I)(cc) in accordance with all appli-
cable Federal and State laws, only for 
1 or more of the following purposes: 
‘‘(aa) Projects and activities 
for the purposes of coastal pro-
tection, including conservation, 
coastal 
restoration, 
hurricane 
protection, and infrastructure di-
rectly affected by coastal wetland 
losses. 
‘‘(bb) Mitigation of damage 
to fish, wildlife, or natural re-
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sources, including through fish-
eries science and research. 
‘‘(cc) Implementation of a 
federally approved marine, coast-
al, or comprehensive conservation 
management plan. 
‘‘(dd) Mitigation of the im-
pact of outer Continental Shelf 
activities through the funding of 
onshore infrastructure projects. 
‘‘(ee) Planning assistance 
and the administrative costs of 
complying with this section. 
‘‘(II) 
LIMITATION.—Of 
the 
amounts received by a State under 
clause (ii)(I)(cc), not more than 3 per-
cent shall be used for the purposes de-
scribed in subclause (I)(ee). 
‘‘(v) ADMINISTRATION.—Subject to 
clause (vi)(III), amounts made available 
under clauses (ii)(I)(aa) and (ii)(I)(cc) 
shall— 
‘‘(I) be made available, without 
further appropriation, in accordance 
with this paragraph; 
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‘‘(II) remain available until ex-
pended; and 
‘‘(III) be in addition to any 
amount appropriated under any other 
Act. 
‘‘(vi) REPORTING REQUIREMENT.— 
‘‘(I) IN
GENERAL.—Not later 
than 180 days after the end of each 
fiscal year, the Governor of each eligi-
ble State that receives amounts under 
clause (ii)(I)(cc) for the applicable fis-
cal year shall submit to the Secretary 
a report that describes the use of the 
amounts by the eligible State during 
the period covered by the report. 
‘‘(II) PUBLIC AVAILABILITY.—On 
receipt of a report under subclause 
(I), the Secretary shall make the re-
port available to the public on the 
website of the Department of the In-
terior. 
‘‘(III) LIMITATION.—If the Gov-
ernor of an eligible State that receives 
amounts under clause (ii)(I)(cc) for 
the applicable fiscal year fails to sub-
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mit the report required under sub-
clause (I) by the deadline specified in 
that subclause, any amounts that 
would otherwise be provided to the eli-
gible State under clause (ii)(I)(cc) for 
the succeeding fiscal year shall be de-
posited in the Treasury and credited 
to miscellaneous receipts.’’. 
(b) EXEMPTION OF CERTAIN PAYMENTS FROM SE-
QUESTRATION.— 
(1) IN GENERAL.—Section 255(g)(1)(A) of the 
Balanced 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 subparagraph 
(C)(ii)(I)(cc) of section 8(p)(2) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(p)(2)).’’. 
(2) APPLICABILITY.—The amendment made by 
this subsection shall apply to any sequestration 
order issued under the Balanced Budget and Emer-
gency 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. 308. ENERGY AND ENVIRONMENTAL REMEDIATION 
DEMONSTRATION PROJECT FOR BIOCHAR. 
(a) DEMONSTRATION PROJECTS.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of this section, 
the Secretary shall establish a program to enter 
into partnerships with eligible entities to carry 
out demonstration projects to support the devel-
opment and commercialization of biochar in ac-
cordance with this subsection. 
(B) 
LOCATION
OF
DEMONSTRATION 
PROJECTS.—The Secretary shall, to the max-
imum extent practicable, establish biochar dem-
onstration projects in geographically diverse re-
gions. 
(2) PROPOSALS.—To be eligible to enter into a 
partnership to carry out a biochar demonstration 
project under paragraph (1)(A), an eligible entity 
shall submit to the Secretary a proposal at such 
time, in such manner, and containing such informa-
tion as the Secretary may require. 
(3) PRIORITY.—In selecting proposals under 
paragraph (2), the Secretary shall give priority to 
partnering with eligible entities that submit pro-
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posals to carry out biochar demonstration projects 
that— 
(A) have the most carbon sequestration po-
tential; 
(B) will create new jobs and contribute to 
local economies, particularly in rural areas; 
(C) will demonstrate— 
(i) new and innovative uses of biochar; 
(ii) viable markets for cost-effective 
biochar-based products; 
(iii) the ecosystem services of biochar; 
or 
(iv) any combination of purposes spec-
ified in clauses (i) through (iii); 
(D) are located in local markets that have 
the greatest need for the biochar production 
units due to— 
(i) availability of sufficient quantities 
of feedstocks; or 
(ii) a high level of demand for biochar 
or other commercial byproducts of biochar; 
or 
(E) meet any combination of criteria speci-
fied in subparagraphs (A) through (D). 
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(4) USE OF FUNDS.—In carrying out the pro-
gram established under paragraph (1)(A), the Sec-
retary may enter into partnerships and provide 
funding to carry out demonstration projects that— 
(A) acquire and test various feedstocks and 
their efficacy; 
(B) develop and optimize commercially and 
technologically viable biochar production units, 
including mobile and permanent units; 
(C) build, expand, or establish biochar fa-
cilities; 
(D) conduct research on new and innova-
tive uses of biochar or demonstrate cost-effec-
tive market opportunities for biochar and 
biochar-based products; 
(E) carry out any other activities the Sec-
retary determines appropriate; or 
(F) meet any combination of the criteria 
specified in subparagraphs (A) through (E). 
(5) REVIEW OF BIOCHAR DEMONSTRATION.— 
(A) IN
GENERAL.—The Secretary shall 
conduct regionally specific research, including 
economic analyses and life-cycle assessments, on 
the biochar produced from the demonstration 
projects under this subsection, including— 
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(i) the effects of such biochar on— 
(I) carbon capture and sequestra-
tion, including increasing soil carbon 
in the short term and long term; 
(II) environmental remediation 
activities, including abandoned mine 
land remediation; and 
(III) other ecosystem services of 
biochar; 
(ii) the efficacy of biochar as a co-
product of biofuels or in biochemicals; and 
(iii) whether biochar can effectively be 
used to produce any other technologically 
and commercially viable outcome. 
(B) COORDINATION.—The Secretary shall, 
to the maximum extent practicable, provide 
data, analysis, and other relevant information 
collected under subparagraph (A) to eligible in-
stitutions conducting research and development 
activities on biochar. 
(6) LIMITATION
ON
FUNDING
FOR
ESTAB-
LISHING BIOCHAR FACILITIES.—In the case of an el-
igible entity that enters into a partnership to carry 
out a biochar demonstration project under this sub-
section and seeks to establish a biochar facility 
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under such demonstration project, the Secretary 
may not provide funding to such eligible entity in an 
amount greater than 35 percent of the capital cost 
of establishing such biochar facility. 
(b) REPORTS.— 
(1) REPORT TO CONGRESS.—Not later than 2 
years after the date of the enactment of this section, 
the Secretary shall submit a report to Congress 
that— 
(A) includes policy and program rec-
ommendations to improve the widespread use of 
biochar; 
(B) identifies the areas of research needed 
to advance biochar commercialization and op-
portunities to expand markets for biochar and 
create jobs, particularly in rural areas; 
(C) identifies barriers to further biochar 
commercialization, including permitting and 
siting considerations; and 
(D) identifies best management practices 
of biochar and biochar-based products to maxi-
mize— 
(i) carbon sequestration benefits; 
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(ii) applications in environmental re-
mediation, including abandoned mine land 
remediation; and 
(iii) applications as a coproduct of 
biofuels or in biochemicals. 
(2) PRESIDENT’S ANNUAL BUDGET REQUEST.— 
Beginning 2 years after the date of the enactment 
of this section and annually until the date described 
in subsection (c), the Secretary shall include in the 
budget materials submitted to Congress in support 
of the President’s annual budget request (submitted 
to Congress pursuant to section 1105 of title 31, 
United States Code) for each fiscal year a report on 
the status of the demonstration projects carried out 
under subsection (a). 
(c) SUNSET.—The authority to carry out this section 
shall terminate on the date that is 10 years after the date 
of the enactment of this section. 
(d) DEFINITIONS.—In this section: 
(1) BIOCHAR.—The term ‘‘biochar’’ means car-
bonized biomass produced by converting feedstock 
through reductive thermal processing for nonfuel 
uses. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
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(A) State, local, and Tribal governments; 
(B) eligible institutions; and 
(C) private, nonprivate, or cooperative enti-
ties. 
(3) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
ble institution’’ means land-grant colleges and uni-
versities, including institutions eligible for funding 
under the— 
(A) Act of July 2, 1862; 
(B) Act of August 30, 1890, including 
Tuskegee University; 
(C) Public Law 87–788 (commonly known 
as the McIntire-Stennis Act of 1962); or 
(D) Equity in Educational Land-Grant 
Status Act of 1994 (7 U.S.C. 301 note). 
(4) FEEDSTOCK.—The term ‘‘feedstock’’ means 
excess biomass in the form of plant matter or mate-
rials that serves as the raw material for the produc-
tion of biochar. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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TITLE IV—LIMITATIONS ON 
LEASING MORATORIUMS 
SEC. 401. COAL LEASES. 
Section 2(a)(1) of the Mineral Leasing Act (30 
U.S.C. 201(a)(1)) is amended by striking ‘‘in his discre-
tion, upon the request of any qualified applicant or on his 
own motion from time to time’’ and inserting ‘‘at the Sec-
retary’s discretion or upon the request of any qualified ap-
plicant’’. 
SEC. 402. CONGRESSIONAL AUTHORITY REQUIREMENT. 
Notwithstanding any other provision of law, the Sec-
retary of the Interior may not declare a moratorium on 
the leasing of Federal lands, including on the Outer Conti-
nental Shelf, for the drilling, mining, or collection of oil, 
gas, or coal, or related activities unless such moratorium 
is authorized by an Act of Congress. 
SEC. 403. PROHIBITION ON MORATORIA OF NEW ENERGY 
LEASES ON CERTAIN FEDERAL LAND AND ON 
WITHDRAWAL OF FEDERAL LAND FROM EN-
ERGY DEVELOPMENT. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘critical mineral’’ means any min-
eral included on the list of critical minerals pub-
lished in the notice of the Secretary of the Interior 
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100 
entitled ‘‘Final List of Critical Minerals 2018’’ (83 
Fed. Reg. 23295 (May 18, 2018)); 
(2) the term ‘‘Federal land’’— 
(A) means— 
(i) National Forest System land; 
(ii) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)); 
(iii) the Outer Continental Shelf (as 
defined in section 2 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331)); 
and 
(iv) land managed by the Secretary of 
Energy; and 
(B) includes land described in clauses (i) 
through (iv) of subparagraph (A) for which the 
rights to the surface estate or subsurface estate 
are owned by a non-Federal entity; and 
(3) the term ‘‘President’’ means the President 
or any designee, including— 
(A) the Secretary of Agriculture; 
(B) the Secretary of Energy; and 
(C) the Secretary of the Interior. 
(b) PROHIBITIONS.— 
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101 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the President may not carry out 
any action that would prohibit or substantially delay 
the issuance of any of the following on Federal land, 
unless such an action has been authorized by an Act 
of Congress: 
(A) New oil and gas leases, drill permits, 
approvals, or authorizations. 
(B) New coal leases, permits, approvals, or 
authorizations. 
(C) New hard rock leases, permits, approv-
als, or authorizations. 
(D) New critical minerals leases, permits, 
approvals, or authorizations. 
(2) PROHIBITION ON WITHDRAWAL.—Notwith-
standing any other provision of law, the President 
may not withdraw any Federal land from forms of 
entry, appropriation, or disposal under the public 
land laws, location, entry, and patent under the min-
ing laws, or disposition under laws pertaining to 
mineral and geothermal leasing or mineral materials 
unless the withdrawal has been authorized by an Act 
of Congress. 
Æ 
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