cept as otherwise may be required by law. However, States 
may enact legislation providing for accounting for and au-
diting of such expenditures. Further, funds allocated under 
this section to States and political subdivisions may be used 
as matching funds for other Federal programs. 
‘‘(h) EFFECT OF FUTURE LAWS.—Enactment of any 
future Federal statute that has the effect, as determined by 
the Secretary, of restricting any Federal agency from spend-
ing appropriated funds, or otherwise preventing it from ful-
filling its pre-existing responsibilities as of the date of en-
actment of the statute, unless such responsibilities have been 
reassigned to another Federal agency by the statute with 
no prevention of performance, to issue any permit or other 
approval impacting on the OCS oil and gas leasing pro-
gram, or any lease issued thereunder, or to implement any 
provision of this Act shall automatically prohibit any shar-
ing of OCS Receipts under this section directly with the 
States, and their coastal political subdivisions, for the dura-
tion of the restriction. The Secretary shall make the deter-
mination of the existence of such restricting effects within 
30 days of a petition by any outer Continental Shelf lessee 
or producing State. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) COASTAL
COUNTY-EQUIVALENT
POLITICAL 
SUBDIVISION.—The term ‘coastal county-equivalent 
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political subdivision’ means a political jurisdiction 
immediately below the level of State government, in-
cluding a county, parish, borough in Alaska, inde-
pendent municipality not part of a county, parish, or 
borough in Alaska, or other equivalent subdivision of 
a coastal State, that lies within the coastal zone. 
‘‘(2) COASTAL
MUNICIPAL
POLITICAL
SUBDIVI-
SION.—The term ‘coastal municipal political subdivi-
sion’ means a municipality located within and part 
of a county, parish, borough in Alaska, or other 
equivalent subdivision of a State, all or part of which 
coastal municipal political subdivision lies within the 
coastal zone. 
‘‘(3) COASTAL POPULATION.—The term ‘coastal 
population’ means the population of all coastal coun-
ty-equivalent political subdivisions, as determined by 
the most recent official data of the Census Bureau. 
‘‘(4) COASTAL ZONE.—The term ‘coastal zone’ 
means that portion of a coastal State, including the 
entire territory of any coastal county-equivalent polit-
ical subdivision at least a part of which lies, within 
75 miles landward from the coastline, or a greater 
distance as determined by State law enacted to imple-
ment this section. 
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‘‘(5) BONUS BIDS.—The term ‘bonus bids’ means 
all funds received by the Secretary to issue an outer 
Continental Shelf minerals lease. 
‘‘(6) ROYALTIES.—The term ‘royalties’ means all 
funds received by the Secretary from production of oil 
or natural gas, or the sale of production taken in- 
kind, from an outer Continental Shelf minerals lease. 
‘‘(7) PRODUCING STATE.—The term ‘producing 
State’ means an Adjacent State having an Adjacent 
Zone containing leased tracts from which OCS Re-
ceipts were derived. 
‘‘(8) OCS RECEIPTS.—The term ‘OCS Receipts’ 
means bonus bids, royalties, and conservation of re-
sources fees.’’. 
SEC. 8. REVIEW OF OUTER CONTINENTAL SHELF EXPLO-
RATION PLANS. 
Subsections (c) and (d) of section 11 of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1340) are amended to 
read as follows: 
‘‘(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 
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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 ex-
planation 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 consistent 
with all statutory and regulatory requirements in ef-
fect on the date of issuance of the lease, and any regu-
lations promulgated under this Act to the conserva-
tion of resources after the date of the lease issuances. 
The Secretary shall have 30 days from the date the 
plan is deemed complete to conduct 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 
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plan as are necessary to achieve compliance. The Sec-
retary 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. 
‘‘(3) The Secretary may, by regulation, require 
that such plan be accompanied by a general statement 
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 AC-
TIVITIES.— 
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‘‘(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. 9. RESERVATION OF LANDS AND RIGHTS. 
Section 12 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1341) is amended— 
(1) in subsection (a) by adding at the end the 
following: ‘‘The President may partially or completely 
revise or revoke any prior withdrawal made by the 
President under the authority of this section. The 
President may not revise or revoke a withdrawal that 
was initiated by a petition from a State and ap-
proved by the Secretary of the Interior under sub-
section (h). A withdrawal by the President may be for 
a term not to exceed 10 years. When considering po-
tential uses of the outer Continental Shelf, to the max-
imum extent possible, the President shall accommo-
date competing interests and potential uses.’’; 
(2) by adding at the end the following: 
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‘‘(g) AVAILABILITY FOR LEASING WITHIN CERTAIN 
AREAS OF THE OUTER CONTINENTAL SHELF.— 
‘‘(1) PROHIBITION AGAINST LEASING.— 
‘‘(A) UNAVAILABLE FOR LEASING WITHOUT 
STATE REQUEST.—Except as otherwise provided 
in this subsection, from and after enactment of 
the Deep Ocean Energy Resources Act of 2006, 
the Secretary shall not offer for leasing for oil 
and gas, or natural gas, any area within 50 
miles of the coastline that was withdrawn from 
disposition by leasing in the Atlantic OCS Re-
gion or the Pacific OCS Region, or the Gulf of 
Mexico OCS Region Eastern Planning Area, as 
depicted on the maps referred to in this subpara-
graph, under the ‘Memorandum on Withdrawal 
of Certain Areas of the United States Outer Con-
tinental Shelf from Leasing Disposition’, 34 
Weekly Comp. Pres. Doc. 1111, dated June 12, 
1998, or any area within 50 miles of the coast-
line not withdrawn under that Memorandum 
that is included within the Gulf of Mexico OCS 
Region Eastern Planning Area as indicated on 
the map entitled ‘Gulf of Mexico OCS Region 
State Adjacent Zones and OCS Planning Areas’ 
or the Florida Straits Planning Area as indi-
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cated on the map entitled ‘Atlantic OCS Region 
State Adjacent Zones and OCS Planning Areas’, 
both of which are dated September 2005 and on 
file in the Office of the Director, Minerals Man-
agement Service. 
‘‘(B) AREAS BETWEEN 50 AND 100 MILES 
FROM
THE
COASTLINE.—Unless an Adjacent 
State petitions under subsection (h) within one 
year after the date of the enactment of the Deep 
Ocean Energy Resources Act of 2006 for natural 
gas leasing or by June 30, 2009, for oil and gas 
leasing, the Secretary shall offer for leasing any 
area more than 50 miles but less than 100 miles 
from the coastline that was withdrawn from dis-
position by leasing in the Atlantic OCS Region, 
the Pacific OCS Region, or the Gulf of Mexico 
OCS Region Eastern Planning Area, as depicted 
on the maps referred to in this subparagraph, 
under the ‘Memorandum on Withdrawal of Cer-
tain Areas of the United States Outer Conti-
nental Shelf from Leasing Disposition’, 34 Week-
ly Comp. Pres. Doc. 1111, dated June 12, 1998, 
or any area more than 50 miles but less than 
100 miles of the coastline not withdrawn under 
that Memorandum that is included within the 
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Gulf of Mexico OCS Region Eastern Planning 
Area as indicated on the map entitled ‘Gulf of 
Mexico OCS Region State Adjacent Zones and 
OCS Planning Areas’ or within the Florida 
Straits Planning Area as indicated on the map 
entitled ‘Atlantic OCS Region State Adjacent 
Zones and OCS Planning Areas’, both of which 
are dated September 2005 and on file in the Of-
fice of the Director, Minerals Management Serv-
ice. 
‘‘(2) REVOCATION OF WITHDRAWAL.—The provi-
sions of the ‘Memorandum on Withdrawal of Certain 
Areas of the United States Outer Continental Shelf 
from Leasing Disposition’, 34 Weekly Comp. Pres. 
Doc. 1111, dated June 12, 1998, are hereby revoked 
and are no longer in effect regarding any areas that 
are more than 100 miles from the coastline, nor for 
any areas that are less than 100 miles from the coast-
line and are included within the Gulf of Mexico OCS 
Region Central Planning Area as depicted on the 
map entitled ‘Gulf of Mexico OCS Region State Adja-
cent Zones and OCS Planning Areas’ dated Sep-
tember 2005 and on file in the Office of the Director, 
Minerals Management Service. The 2002–2007 5-Year 
Outer Continental Shelf Oil and Gas Leasing Pro-
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gram is hereby amended to include the areas added 
to the Gulf of Mexico OCS Region Central Planning 
Area by this Act to the extent that such areas were 
included within the original boundaries of proposed 
Lease Sale 181. The amendment to such leasing pro-
gram includes a sale in such additional areas, which 
shall be held no later than June 30, 2007. The Final 
Environmental Impact Statement prepared for this 
area for Lease Sale 181 shall be deemed sufficient for 
all purposes for each lease sale in which such area is 
offered for lease during the 2002–2007 5-Year Outer 
Continental Shelf Oil and Gas Leasing Program 
without need for supplementation. Any tract only 
partially added to the Gulf of Mexico OCS Region 
Central Planning Area by this Act shall be eligible for 
leasing of the part of such tract that is included with-
in the Gulf of Mexico OCS Region Central Planning 
Area, and the remainder of such tract that lies out-
side of the Gulf of Mexico OCS Region Central Plan-
ning Area may be developed and produced by the les-
see of such partial tract using extended reach or simi-
lar drilling from a location on a leased area. Further, 
any area in the OCS withdrawn from leasing may be 
leased, and thereafter developed and produced by the 
lessee using extended reach or similar drilling from a 
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location on a leased area located in an area available 
for leasing. 
‘‘(3) PETITION FOR LEASING.— 
‘‘(A) IN
GENERAL.—The Governor of the 
State, upon concurrence of its legislature, may 
submit to the Secretary a petition requesting 
that the Secretary make available any area that 
is within the State’s Adjacent Zone, included 
within the provisions of paragraph (1), and that 
(i) is greater than 25 miles from any point on 
the coastline of a Neighboring State for the con-
duct of offshore leasing, pre-leasing, and related 
activities with respect to natural gas leasing; or 
(ii) is greater than 50 miles from any point on 
the coastline of a Neighboring State for the con-
duct of offshore leasing, pre-leasing, and related 
activities with respect to oil and gas leasing. The 
Adjacent State may also petition for leasing any 
other area within its Adjacent Zone if leasing is 
allowed in the similar area of the Adjacent Zone 
of the applicable Neighboring State, or if not al-
lowed, if the Neighboring State, acting through 
its Governor, expresses its concurrence with the 
petition. The Secretary shall only consider such 
a petition upon making a finding that leasing is 
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allowed in the similar area of the Adjacent Zone 
of the applicable Neighboring State or upon re-
ceipt of the concurrence of the Neighboring State. 
The date of receipt by the Secretary of such con-
currence by the Neighboring State shall con-
stitute the date of receipt of the petition for that 
area for which the concurrence applies. Except 
for any area described in the last sentence of 
paragraph (2), a petition for leasing any part of 
the Alabama Adjacent Zone that is a part of the 
Gulf of Mexico Eastern Planning Area, as indi-
cated on the map entitled ‘Gulf of Mexico OCS 
Region State Adjacent Zones and OCS Planning 
Areas’ which is dated September 2005 and on 
file in the Office of the Director, Minerals Man-
agement Service, shall require the concurrence of 
both Alabama and Florida. 
‘‘(B) LIMITATIONS ON LEASING.—In its pe-
tition, a State with an Adjacent Zone that con-
tains leased tracts may condition new leasing for 
oil and gas, or natural gas for tracts within 25 
miles of the coastline by— 
‘‘(i) requiring a net reduction in the 
number of production platforms; 
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‘‘(ii) requiring a net increase in the 
average distance of production platforms 
from the coastline; 
‘‘(iii) limiting permanent surface occu-
pancy on new leases to areas that are more 
than 10 miles from the coastline; 
‘‘(iv) limiting some tracts to being pro-
duced from shore or from platforms located 
on other tracts; or 
‘‘(v) other conditions that the Adjacent 
State may deem appropriate as long as the 
Secretary does not determine that produc-
tion is made economically or technically 
impracticable or otherwise impossible. 
‘‘(C) ACTION
BY
SECRETARY.—Not later 
than 90 days after receipt of a petition under 
subparagraph (A), the Secretary shall approve 
the petition, unless the Secretary determines that 
leasing the area would probably cause serious 
harm or damage to the marine resources of the 
State’s Adjacent Zone. Prior to approving the 
petition, the Secretary shall complete an envi-
ronmental assessment that documents the antici-
pated environmental effects of leasing in the area 
included within the scope of the petition. 
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‘‘(D) FAILURE TO ACT.—If the Secretary 
fails to approve or deny a petition in accordance 
with subparagraph (C) the petition shall be con-
sidered to be approved 90 days after receipt of 
the petition. 
‘‘(E) AMENDMENT OF THE 5-YEAR LEASING 
PROGRAM.—Notwithstanding section 18, within 
180 days of the approval of a petition under sub-
paragraph (C) or (D), after the expiration of the 
time limits in paragraph (1)(B), and within 180 
days after the enactment of the Deep Ocean En-
ergy Resources Act of 2006 for the areas made 
available for leasing under paragraph (2), the 
Secretary shall amend the current 5-Year Outer 
Continental Shelf Oil and Gas Leasing Program 
to include a lease sale or sales for at least 75 
percent of the associated areas, unless there are, 
from the date of approval, expiration of such 
time limits, or enactment, as applicable, fewer 
than 12 months remaining in the current 5-Year 
Leasing Program in which case the Secretary 
shall include the associated areas within lease 
sales under the next 5-Year Leasing Program. 
For purposes of amending the 5-Year Program 
in accordance with this section, further consulta-
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tions with States shall not be required. For pur-
poses of this section, an environmental assess-
ment performed under the provisions of the Na-
tional Environmental Policy Act of 1969 to as-
sess the effects of approving the petition shall be 
sufficient to amend the 5-Year Leasing Program. 
‘‘(h) OPTION TO PETITION FOR EXTENSION OF WITH-
DRAWAL FROM LEASING WITHIN CERTAIN AREAS OF THE 
OUTER CONTINENTAL SHELF.— 
‘‘(1) IN GENERAL.—The Governor of the State, 
upon the concurrence of its legislature, may submit to 
the Secretary petitions requesting that the Secretary 
extend for a period of time of up to 5 years for each 
petition the withdrawal from leasing for all or part 
of any area within the State’s Adjacent Zone located 
more than 50 miles, but less than 100 miles, from the 
coastline that is subject to subsection (g)(1)(B). A 
State may petition multiple times for any particular 
area but not more than once per calendar year for 
any particular area. A State must submit separate 
petitions, with separate votes by its legislature, for oil 
and gas leasing and for natural gas leasing. A peti-
tion of a State may request some areas to be with-
drawn from all leasing and some areas to be with-
drawn only from one type of leasing. Petitions for ex-
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tending the withdrawal from leasing of any part of 
the Alabama Adjacent Zone that is more than 50 
miles, but less than 100 miles, from the coastline that 
is a part of the Gulf of Mexico OCS Region Eastern 
Planning Area, as indicated on the map entitled 
‘Gulf of Mexico OCS Region State Adjacent Zones 
and OCS Planning Areas’ which is dated September 
2005 and on file in the Office of the Director, Min-
erals Management Service, may be made by either 
Alabama or Florida. 
‘‘(2) ACTION
BY
SECRETARY.—The Secretary 
shall perform an environmental assessment under the 
National Environmental Policy Act of 1969 to assess 
the effects of approving the petition under paragraph 
(1). Not later than 90 days after receipt of the peti-
tion, the Secretary shall approve the petition, unless 
the Secretary determines that extending the with-
drawal from leasing would probably cause serious 
harm or damage to the marine resources of the State’s 
Adjacent Zone. The Secretary shall not approve a pe-
tition from a State that extends the remaining period 
of a withdrawal of an area from leasing for a total 
of more than 10 years. However, the Secretary may 
approve petitions to extend the withdrawal from leas-
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ing of any area ad infinitum, subject only to the lim-
itations contained in this subsection. 
‘‘(3) FAILURE TO ACT.—If the Secretary fails to 
approve or deny a petition in accordance with para-
graph (2) the petition shall be considered to be ap-
proved 90 days after receipt of the petition. 
‘‘(i) EFFECT OF OTHER LAWS.—Adoption by any Ad-
jacent State of any constitutional provision, or enactment 
of any State statute, that has the effect, as determined by 
the Secretary, of restricting either the Governor or the Leg-
islature, or both, from exercising full discretion related to 
subsection (g) or (h), or both, shall automatically (1) pro-
hibit any sharing of OCS Receipts under this Act with the 
Adjacent State, and its coastal political subdivisions, and 
(2) prohibit the Adjacent State from exercising any author-
ity under subsection (h), for the duration of the restriction. 
The Secretary shall make the determination of the existence 
of such restricting constitutional provision 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 
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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 avail-
able unleased acreage within each OCS Planning 
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 pre-
cedes paragraph (3) and inserting the following: 
‘‘(c)(1) During the preparation of any proposed leas-
ing program under this section, the Secretary shall consider 
and analyze leasing throughout the entire Outer Conti-
nental Shelf without regard to any other law affecting such 
leasing. During this preparation the Secretary shall invite 
and consider suggestions from any interested Federal agen-
cy, including the Attorney General, in consultation 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. Fur-
ther, the Secretary shall consult with the Secretary of De-
fense regarding military operational needs in the outer 
Continental Shelf. The Secretary shall work with the Sec-
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retary 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 Fed-
eral Trade Commission, the Governor of any coastal State, 
any local government of a coastal State, and any other per-
son, the Secretary shall publish in the Federal Register a 
proposed leasing program accompanied by a draft environ-
mental impact statement prepared pursuant to the Na-
tional Environmental Policy Act of 1969. After the pub-
lishing of the proposed leasing program and during the 
comment period provided for on the draft environmental 
impact statement, the Secretary shall submit a copy of the 
proposed program to the Governor of each affected State for 
review and comment. The Governor may solicit comments 
from those executives of local governments 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 submission to the Congress pursuant 
to paragraph (3) and includes a request for any modifica-
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tion 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 Sec-
retary’s reasons therefor. All such correspondence between 
the Secretary and the Governor of any affected State, to-
gether with any additional information and data relating 
thereto, shall accompany 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 current es-
timate of proven and potential oil and gas resources 
located within the State’s Adjacent Zone; and 
‘‘(2) provide to each Adjacent State, and coastal 
political subdivisions thereof, a best-efforts projection 
of the OCS Receipts that the Secretary expects will be 
shared with each Adjacent State, and its coastal polit-
ical subdivisions, using the assumption that the un-
leased tracts within the State’s Adjacent Zone are 
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fully made available for leasing, including long-term 
projected OCS Receipts. In addition, the Secretary 
shall include a macroeconomic estimate of the impact 
of such leasing on the national economy and each 
State’s economy, including investment, jobs, revenues, 
personal income, 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 ap-
prove, 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 Adjacent 
Zone that is withdrawn from oil and gas or natural gas 
leasing, except that such a pipeline may be approved, with-
out such Adjacent State’s concurrence, to pass through such 
Adjacent Zone if at least 50 percent of the production pro-
jected to be carried by the pipeline within its first 10 years 
of operation is from areas of the Adjacent State’s Adjacent 
Zone. 
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‘‘(2) No State may prohibit the construction within 
its Adjacent Zone or its State waters of a natural gas pipe-
line that will transport natural gas produced from the outer 
Continental Shelf. However, an Adjacent State may prevent 
a proposed natural gas pipeline landing location if it pro-
poses two alternate landing locations in the Adjacent State, 
acceptable to the Adjacent State, located within 50 miles 
on either side of the proposed landing location.’’. 
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 regarding the ap-
plication of the National Environmental Policy Act of 
1969: 
‘‘(A) Granting or directing lease suspensions and 
the conduct of all preliminary activities on outer 
Continental Shelf tracts, including seismic activities, 
are categorically excluded from the need to prepare ei-
ther an environmental assessment or an environ-
mental impact statement, and the Secretary shall not 
be required to analyze whether any exceptions to a 
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categorical exclusion apply for activities conducted 
under the authority of this Act. 
‘‘(B) The environmental impact statement devel-
oped 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 environ-
mental analysis. 
‘‘(C) Exploration plans shall not be subject to 
any requirement to prepare an environmental impact 
statement, and the Secretary may find that explo-
ration plans are eligible for categorical exclusion due 
to the impacts already being considered within an en-
vironmental impact statement or due to mitigation 
measures included 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, future development and pro-
duction plans for leased tracts within the Area shall 
only require the preparation of an environmental as-
sessment unless the most recent development and pro-
duction plan environmental impact statement within 
the Area was finalized more than 10 years prior to 
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