ject only to the limitations contained in this sub-
section. 
‘‘(3) FAILURE TO ACT.—If the Secretary fails 
to approve or deny a petition in accordance with 
paragraph (2) the petition shall be considered to be 
approved 90 days after receipt of the petition. 
‘‘(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.’’. 
SEC. 10. OUTER CONTINENTAL SHELF LEASING PROGRAM. 
Section 18 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344) is amended— 
(1) in subsection (a), by adding at the end of 
paragraph (3) the following: ‘‘The Secretary shall, in
each 5-year program, include lease sales that when 
viewed as a whole propose to offer for oil and gas 
or natural gas leasing at least 75 percent of the 
available unleased acreage within each OCS Plan-
ning Area. Available unleased acreage is that portion 
of the outer Continental Shelf that is not under 
lease at the time of the proposed lease sale, and has 
not otherwise been made unavailable for leasing by 
law.’’; 
(2) in subsection (c), by striking so much as 
precedes paragraph (3) and inserting the following: 
‘‘(c)(1) During the preparation of any proposed leas-
ing program under this section, the Secretary shall con-
sider and analyze leasing throughout the entire Outer 
Continental Shelf without regard to any other law affect-
ing such leasing. During this preparation the Secretary 
shall invite and consider suggestions from any interested 
Federal agency, including the Attorney General, in con-
sultation with the Federal Trade Commission, and from 
the Governor of any coastal State. The Secretary may also 
invite or consider any suggestions from the executive of 
any local government in a coastal State that have been 
previously submitted to the Governor of such State, and 
from any other person. Further, the Secretary shall con-
sult with the Secretary of Defense regarding military oper-
ational needs in the outer Continental Shelf. The Sec-
retary shall work with the Secretary of Defense to resolve 
any conflicts that might arise regarding offering any area 
of the outer Continental Shelf for oil and gas or natural 
gas leasing. If the Secretaries are not able to resolve all 
such conflicts, any unresolved issues shall be elevated to 
the President for resolution. 
‘‘(2) After the consideration and analysis required by 
paragraph (1), including the consideration of the sugges-
tions received from any interested Federal agency, the 
Federal Trade Commission, the Governor of any coastal 
State, any local government of a coastal State, and any 
other person, the Secretary shall publish in the Federal 
Register a proposed leasing program accompanied by a 
draft environmental impact statement prepared pursuant 
to the National Environmental Policy Act of 1969. After 
the publishing of the proposed leasing program and during 
the comment period provided for on the draft environ-
mental impact statement, the Secretary shall submit a 
copy of the proposed program to the Governor of each af-
fected State for review and comment. The Governor may 
solicit comments from those executives of local govern-
ments in the Governor’s State that the Governor, in the 
discretion of the Governor, determines will be affected by 
the proposed program. If any comment by such Governor
is received by the Secretary at least 15 days prior to sub-
mission to the Congress pursuant to paragraph (3) and 
includes a request for any modification of such proposed 
program, the Secretary shall reply in writing, granting or 
denying such request in whole or in part, or granting such 
request in such modified form as the Secretary considers 
appropriate, and stating the Secretary’s reasons therefor. 
All such correspondence between the Secretary and the 
Governor of any affected State, together with any addi-
tional information and data relating thereto, shall accom-
pany such proposed program when it is submitted to the 
Congress.’’; and 
(3) by adding at the end the following: 
‘‘(i) PROJECTION OF STATE ADJACENT ZONE RE-
SOURCES AND STATE AND LOCAL GOVERNMENT SHARES 
OF OCS RECEIPTS.—Concurrent with the publication of 
the scoping notice at the beginning of the development of 
each 5-year outer Continental Shelf oil and gas leasing 
program, or as soon thereafter as possible, the secretary 
shall— 
‘‘(1) provide to each Adjacent State a cur-
rent estimate of proven and potential oil and 
gas resources located within the State’s Adja-
cent Zone; and
‘‘(2) provide to each Adjacent State, and 
coastal political subdivisions thereof, a best-ef-
forts projection of the OCS Receipts that the 
Secretary expects will be shared with each Ad-
jacent State, and its coastal political subdivi-
sions, using the assumption that the unleased 
tracts within the State’s Adjacent Zone are 
fully made available for leasing, including long- 
term projected OCS Receipts. In addition, the 
Secretary shall include a macroeconomic esti-
mate of the impact of such leasing on the na-
tional economy and each State’s economy, in-
cluding investment, jobs, revenues, personal in-
come, and other categories.’’. 
SEC. 11. COORDINATION WITH ADJACENT STATES. 
Section 19 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1345) is amended— 
(1) in subsection (a) in the first sentence by in-
serting ‘‘, for any tract located within the Adjacent 
State’s Adjacent Zone,’’ after ‘‘government’’; and 
(2) by adding the following: 
‘‘(f)(1) No Federal agency may permit or otherwise 
approve, without the concurrence of the Adjacent State, 
the construction of a crude oil or petroleum products (or 
both) pipeline within the part of the Adjacent State’s Ad-
jacent Zone that is not available by law for oil and gas 
or natural gas leasing, except that such a pipeline may 
be approved to pass through such Adjacent Zone if at least 
50 percent of the production projected to be carried by 
the pipeline within its first 10 years of operation is from 
areas of the Adjacent State’s Adjacent Zone. 
‘‘(2) No State may prohibit the construction 
within its Adjacent Zone or its State waters of a 
natural gas pipeline that will transport natural gas 
produced from the outer Continental Shelf. How-
ever, an Adjacent State may prevent a proposed nat-
ural gas pipeline landing location if it proposes two 
alternate landing locations in the Adjacent State, ac-
ceptable to the Adjacent State, located within 50 
miles on either side of the proposed landing loca-
tion.’’. 
SEC. 12. ENVIRONMENTAL STUDIES. 
Section 20(d) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1346) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 
(2) by adding at the end the following: 
‘‘(2) For all programs, lease sales, leases, and 
actions under this Act, the following shall apply re-
garding the application of the National Environ-
mental Policy Act of 1969:
‘‘(A) Granting or directing lease suspen-
sions and the conduct of all preliminary activi-
ties on outer Continental Shelf tracts, including 
seismic activities, are categorically excluded 
from the need to prepare either an environ-
mental assessment or an environmental impact 
statement, and the Secretary shall not be re-
quired to analyze whether any exceptions to a 
categorical exclusion apply for activities con-
ducted under the authority of this Act. 
‘‘(B) The environmental impact statement 
developed in support of each 5-year oil and gas 
leasing program provides the environmental 
analysis for all lease sales to be conducted 
under the program and such sales shall not be 
subject to further environmental analysis. 
‘‘(C) Exploration plans shall not be subject 
to any requirement to prepare an environmental 
impact statement, and the Secretary may find 
that exploration plans are eligible for categor-
ical exclusion due to the impacts already being 
considered within an environmental impact 
statement or due to mitigation measures in-
cluded within the plan.
‘‘(D) Within each OCS Planning Area, 
after the preparation of the first development 
and production plan environmental impact 
statement for a leased tract within the Area, fu-
ture development and production plans for 
leased tracts within the Area shall only require 
the preparation of an environmental assessment 
unless the most recent development and produc-
tion plan environmental impact statement with-
in the Area was finalized more than 10 years 
prior to the date of the approval of the plan, in 
which case an environmental impact statement 
shall be required.’’. 
SEC. 13. REVIEW OF OUTER CONTINENTAL SHELF DEVEL-
OPMENT 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 
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. 
‘‘(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 Domestic Energy Production 
through Offshore Exploration and Equitable Treatment of 
State Holdings Act of 2006, 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 Domestic Energy Production 
through Offshore Exploration and Equitable Treatment of 
State Holdings Act of 2006. 
‘‘(c) SCOPE AND CONTENTS OF PLAN.—A plan may 
apply to more than one oil and gas lease, and shall set 
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, 
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. The plan 
shall include all required information and docu-
mentation required under subsection (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 
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 
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 SUB-
MIT 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 section 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 
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 
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. 14. FEDERAL ENERGY NATURAL RESOURCES EN-
HANCEMENT FUND ACT OF 2006. 
(a) FINDINGS.—The Congress finds the following: 
(1) Energy and minerals exploration, develop-
ment, and production on Federal onshore and off-
shore lands, including bio-based fuel, natural gas, 
minerals, oil, geothermal, and power from wind, 
waves, currents, and thermal energy, involves signifi-
cant outlays of funds by Federal and State wildlife, 
fish, and natural resource management agencies for 
environmental studies, planning, development, moni-
toring, and management of wildlife, fish, air, water, 
and other natural resources. 
(2) State wildlife, fish, and natural resource 
management agencies are funded primarily through 
permit and license fees paid to the States by the 
general public to hunt and fish, and through Federal 
excise taxes on equipment used for these activities. 
(3) Funds generated from consumptive and rec-
reational uses of wildlife, fish, and other natural re-
sources currently are inadequate to address the nat-
ural resources related to energy and minerals devel-
opment on Federal onshore and offshore lands. 
(4) Funds available to Federal agencies respon-
sible for managing Federal onshore and offshore 
lands and Federal-trust wildlife and fish species and 
their habitats are inadequate to address the natural 
resources related to energy and minerals develop-
ment on Federal onshore and offshore lands. 
(5) Receipts derived from sales, bonus bids, and 
royalties under the mineral leasing laws of the 
United States are paid to the Treasury through the 
Minerals Management Service of the Department of 
the Interior. 
(6) None of the receipts derived from sales, 
bonus bids, and royalties under the minerals leasing 
laws of the United States are paid to the Federal or 
State agencies to examine, monitor, and manage 
wildlife, fish, air, water, and other natural resources 
related to natural gas, oil, and mineral exploration 
and development. 
(b) PURPOSES.—It is the purpose of this section to— 
(1) establish a fund for the monitoring and 
management of wildlife and fish, and their habitats, 
and air, water, and other natural resources related
to energy and minerals development on Federal on-
shore and offshore lands; 
(2) make available receipts derived from sales, 
bonus bids, and royalties from onshore and offshore 
gas, mineral, oil, and any additional form of energy 
exploration and development under the laws of the 
United States for the purposes of such fund; 
(3) distribute funds from such fund each fiscal 
year to the Secretary of the Interior and the States; 
and 
(4) use the distributed funds to secure the nec-
essary trained workforce or contractual services to 
conduct environmental studies, planning, develop-
ment, monitoring, and post-development manage-
ment of wildlife and fish and their habitats and air, 
water, and other natural resources that may be re-
lated to bio-based fuel, gas, mineral, oil, wind, or 
other energy exploration, development, transpor-
tation, transmission, and associated activities on 
Federal onshore and offshore lands, including, but 
not limited to— 
(A) pertinent research, surveys, and envi-
ronmental analyses conducted to identify any 
impacts on wildlife, fish, air, water, and other 
natural resources from energy and mineral ex-
ploration, development, production, and trans-
portation or transmission; 
(B) projects to maintain, improve, or en-
hance wildlife and fish populations and their 
habitats or air, water, or other natural re-
sources, including activities under the Endan-
gered Species Act of 1973; 
(C) research, surveys, environmental anal-
yses, and projects that assist in managing, in-
cluding mitigating either onsite or offsite, or 
both, the impacts of energy and mineral activi-
ties on wildlife, fish, air, water, and other nat-
ural resources; and 
(D) projects to teach young people to live 
off the land. 
(c) DEFINITIONS.—In this section: 
(1) ENHANCEMENT
FUND.—The term ‘‘En-
hancement Fund’’ means the Federal Energy Nat-
ural Resources Enhancement Fund established by 
subsection (d). 
(2) STATE.—The term ‘‘State’’ means the State 
government agency primarily responsible for fish 
and wildlife trust resources within a State. 
(d) ESTABLISHMENT AND USE OF FEDERAL ENERGY 
NATURAL RESOURCES ENHANCEMENT FUND.—