or reduced, and in what amount, the Secretary shall state 
on the record the reasons for his determinations. 
‘‘(j) JUDICIAL REVIEW.—Any person who has re-
quested a hearing in accordance with subsection (e) within 
the time the Secretary has prescribed for such a hearing 
and who is aggrieved by a final order of the Secretary under 
this section may seek review of such order in the United 
States district court for the judicial district in which the 
violation allegedly took place. Review by the district court 
shall be only on the administrative record and not de novo. 
Such an action shall be barred unless filed within 90 days 
after the Secretary’s final order. 
‘‘(k) FAILURE TO PAY.—If any person fails to pay an 
assessment of a civil penalty under this Act— 
‘‘(1) after the order making the assessment has 
become a final order and if such person does not file 
a petition for judicial review of the order in accord-
ance with subsection (j), or 
‘‘(2) after a court in an action brought under 
subsection (j) has entered a final judgment in favor 
of the Secretary, 
the court shall have jurisdiction to award the amount as-
sessed plus interest from the date of the expiration of the 
90-day period referred to in subsection (j). Judgment by 
the court shall include an order to pay. 
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‘‘(l) RELATIONSHIP TO MINERAL LEASING ACT.—No 
person shall be liable for a civil penalty under subsection 
(a) or (b) for failure to pay any rental for any lease auto-
matically terminated pursuant to section 31 of the Mineral 
Leasing Act. 
‘‘(m) TOLLING OF STATUTES OF LIMITATION.—(1) 
Any determination by the Secretary or a designee of the 
Secretary that a person has violated subsection (a), (b)(2), 
or (b)(4) shall toll any applicable statute of limitations for 
all oil and gas leases held or operated by such person, until 
the later of— 
‘‘(A) the date on which the person corrects the 
violation and certifies that all violations of a like na-
ture have been corrected for all of the oil and gas 
leases held or operated by such person; or 
‘‘(B) the date a final, nonappealable order has 
been issued by the Secretary or a court of competent 
jurisdiction. 
‘‘(2) A person determined by the Secretary or a des-
ignee of the Secretary to have violated subsection (a), (b)(2), 
or (b)(4) shall maintain all records with respect to the per-
son’s oil and gas leases until the later of— 
‘‘(A) the date the Secretary releases the person 
from the obligation to maintain such records; and 
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‘‘(B) the expiration of the period during which 
the records must be maintained under section 103(b). 
‘‘(n) STATE SHARING OF PENALTIES.—Amounts re-
ceived by the United States in an action brought under sec-
tion 3730 of title 31, United States Code, that arises from 
any underpayment of royalties owed to the United States 
under any lease shall be treated as royalties paid to the 
United States under that lease for purposes of the mineral 
leasing laws and the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l–4 et seq.).’’. 
(b) SHARED CIVIL PENALTIES.—Section 206 of the 
Federal Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1736) is amended— 
(1) by inserting ‘‘trebled royalties or’’ after ‘‘50 
per centum of any’’; and 
(2) by striking the second sentence. 
Subtitle B—Amendments to Federal 
Oil and Gas Royalty Manage-
ment Act of 1982 
SEC. 211. AMENDMENTS TO DEFINITIONS. 
Section 3 of the Federal Oil and Gas Royalty Manage-
ment Act of 1982 (30 U.S.C. 1702) is amended— 
(1) in paragraph (20)(A), by striking ‘‘: Pro-
vided, That’’ and all that follows through ‘‘subject of 
the judicial proceeding’’; 
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(2) in paragraph (20)(B), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
(3) in paragraph (23)(A), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
(4) by amending paragraph (24) to read as fol-
lows: 
‘‘(24) ‘designee’ means any person who pays, off-
sets, or credits monies, makes adjustments, requests 
and receives refunds, or submits reports with respect 
to payments a lessee must make pursuant to section 
102(a);’’; 
(5) in paragraph (25)(B), by striking ‘‘(subject 
to the provisions of section 102(a) of this Act)’’; and 
(6) in paragraph (26), by striking ‘‘(with notice 
to the lessee who designated the designee)’’. 
SEC. 212. INTEREST. 
(a) ESTIMATED PAYMENTS; INTEREST ON AMOUNT OF 
UNDERPAYMENT.—Section 111(j) of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 1721(j)) 
is amended by striking ‘‘If the estimated payment exceeds 
the actual royalties due, interest is owed on the overpay-
ment.’’. 
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(b) OVERPAYMENTS.—Section 111 of the Federal Oil 
and Gas Royalty Management Act of 1982 (30 U.S.C. 1721) 
is amended by striking subsections (h) and (i). 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall be effective one year after the date of enactment 
of this Act. 
SEC. 213. OBLIGATION PERIOD. 
Section 115(c) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1724(c)) is amended 
by adding at the end the following: 
‘‘(3) ADJUSTMENTS.—In the case of an adjust-
ment under section 111A(a) (30 U.S.C. 1721a(a)) in 
which a recoupment by the lessee results in an under-
payment of an obligation, for purposes of this Act the 
obligation becomes due on the date the lessee or its 
designee makes the adjustment.’’. 
SEC. 214. TOLLING AGREEMENTS AND SUBPOENAS. 
(a) TOLLING AGREEMENTS.—Section 115(d)(1) of the 
Federal Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1724(d)(1)) is amended by striking ‘‘(with notice to 
the lessee who designated the designee)’’. 
(b) SUBPOENAS.—Section 115(d)(2)(A) of the Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1724(d)(2)(A)) is amended by striking ‘‘(with notice to the 
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lessee who designated the designee, which notice shall not 
constitute a subpoena to the lessee)’’. 
SEC. 215. LIABILITY FOR ROYALTY PAYMENTS. 
Section 102(a) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1712(a)) is amended 
to read as follows: 
‘‘(a) In order to increase receipts and achieve effective 
collections of royalty and other payments, a lessee who is 
required to make any royalty or other payment under a 
lease or under the mineral leasing laws, shall make such 
payments in the time and manner as may be specified by 
the Secretary or the applicable delegated State. Any person 
who pays, offsets or credits monies, makes adjustments, re-
quests and receives refunds, or submits reports with respect 
to payments the lessee must make is the lessee’s designee 
under this Act. Notwithstanding any other provision of this 
Act to the contrary, a designee shall be liable for any pay-
ment obligation of any lessee on whose behalf the designee 
pays royalty under the lease. The person owning operating 
rights in a lease and a person owning legal record title in 
a lease shall be liable for that person’s pro rata share of 
payment obligations under the lease.’’. 
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Subtitle C—Public Interest in the 
Federal Energy Program 
SEC. 221. SURFACE OWNER PROTECTION. 
(a) DEFINITIONS.—As used in this section— 
(1) the term ‘‘Secretary’’ means the Secretary of 
the Interior; 
(2) the term ‘‘lease’’ means a lease issued by the 
Secretary under the Mineral Leasing Act (30 U.S.C. 
181 et seq.); 
(3) the term ‘‘lessee’’ means the holder of a lease; 
and 
(4) the term ‘‘operator’’ means any person that 
is responsible under the terms and conditions of a 
lease for the operations conducted on leased lands or 
any portion thereof. 
(b) POST-LEASE SURFACE USE AGREEMENT.— 
(1) IN GENERAL.—Except as provided in sub-
section (c), the Secretary may not authorize any oper-
ator to conduct exploration and drilling operations on 
lands with respect to which title to oil and gas re-
sources is held by the United States but title to the 
surface estate is not held by the United States, until 
the operator has filed with the Secretary a document, 
signed by the operator and the surface owner or own-
ers, showing that the operator has secured a written 
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surface use agreement between the operator and the 
surface owner or owners that meets the requirements 
of paragraph (2). 
(2) CONTENTS.—The surface use agreement shall 
provide for— 
(A) the use of only such portion of the sur-
face estate as is reasonably necessary for explo-
ration and drilling operations based on site-spe-
cific conditions; 
(B) the accommodation of the surface estate 
owner to the maximum extent practicable, in-
cluding the location, use, timing, and type of ex-
ploration and drilling operations, consistent 
with the operator’s right to develop the oil and 
gas estate; 
(C) the reclamation of the site to a condi-
tion capable of supporting the uses which such 
lands were capable of supporting prior to explo-
ration and drilling operations or other uses as 
agreed to by the operator and the surface owner; 
and 
(D) compensation for damages as a result of 
exploration and drilling operations, including 
but not limited to— 
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(i) loss of income and increased costs 
incurred; 
(ii) damage to or destruction of per-
sonal property, including crops, forage, and 
livestock; and 
(iii) failure to reclaim the site in ac-
cordance with this subparagraph (C). 
(3) PROCEDURE.— 
(A) IN GENERAL.—An operator shall notify 
the surface estate owner or owners of the opera-
tor’s desire to conclude an agreement under this 
section. If the surface estate owner and the oper-
ator do not reach an agreement within 90 days 
after the operator has provided such notice, the 
matter shall be referred to third party arbitra-
tion for resolution within a period of 90 days. 
The cost of such arbitration shall be the responsi-
bility of the operator. 
(B) IDENTIFICATION
OF
ARBITERS.—The 
Secretary shall identify persons with experience 
in conducting arbitrations and shall make this 
information available to operators and surface 
owners. 
(C) REFERRAL TO IDENTIFIED ARBITER.— 
Referral of a matter for arbitration by a person 
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identified by the Secretary pursuant to subpara-
graph (B) shall be sufficient to constitute compli-
ance with subparagraph (A). 
(4) ATTORNEYS FEES.—If action is taken to en-
force or interpret any of the terms and conditions 
contained in a surface use agreement, the prevailing 
party shall be reimbursed by the other party for rea-
sonable attorneys fees and actual costs incurred, in 
addition to any other relief which a court or arbitra-
tion panel may grant. 
(c) AUTHORIZED EXPLORATION AND DRILLING OPER-
ATIONS.— 
(1) AUTHORIZATION
WITHOUT
SURFACE
USE 
AGREEMENT.—The Secretary may authorize an oper-
ator to conduct exploration and drilling operations on 
lands covered by subsection (b) in the absence of an 
agreement with the surface estate owner or owners, 
if— 
(A) the Secretary makes a determination in 
writing that the operator made a good faith at-
tempt to conclude such an agreement, including 
referral of the matter to arbitration pursuant to 
subsection (b)(3), but that no agreement was con-
cluded within 90 days after the referral to arbi-
tration; 
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(B) the operator submits a plan of oper-
ations that provides for the matters specified in 
subsection (b)(2) and for compliance with all 
other applicable requirements of Federal and 
State law; and 
(C) the operator posts a bond or other fi-
nancial assurance in an amount the Secretary 
determines to be adequate to ensure compensa-
tion to the surface estate owner for any damages 
to the site, in the form of a surety bond, trust 
fund, letter of credit, government security, cer-
tificate of deposit, cash, or equivalent. 
(2) SURFACE OWNER PARTICIPATION.—The Sec-
retary shall provide surface estate owners with an op-
portunity to— 
(A) comment on plans of operations in ad-
vance of a determination of compliance with this 
section; 
(B) participate in bond level determinations 
and bond release proceedings under this sub-
section; 
(C) attend an on-site inspection during 
such determinations and proceedings; 
(D) file written objections to a proposed 
bond release; and 
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(E) request and participate in an on-site 
inspection when they have reason to believe there 
is a violation of the terms and conditions of a 
plan of operations. 
(3) PAYMENT
OF
FINANCIAL
GUARANTEE.—A 
surface estate owner with respect to any land subject 
to a lease may petition the Secretary for payment of 
all or any portion of a bond or other financial assur-
ance required under this subsection as compensation 
for any damages as a result of exploration and drill-
ing operations. Pursuant to such a petition, the Sec-
retary may use such bond or other guarantee to pro-
vide compensation to the surface estate owner for such 
damages. 
(4) BOND RELEASE.—Upon request and after in-
spection and opportunity for surface estate owner re-
view, the Secretary may release the financial assur-
ance required under this subsection if the Secretary 
determines that exploration and drilling operations 
have ended and all damages have been fully com-
pensated. 
(d) SURFACE OWNER NOTIFICATION.—The Secretary 
shall— 
(1) notify surface estate owners in writing at 
least 45 days in advance of lease sales; 
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(2) within ten working days after a lease is 
issued, notify surface estate owners regarding the 
identity of the lessee; 
(3) notify surface estate owners in writing with-
in 10 working days concerning any subsequent deci-
sions regarding a lease, such as modifying or waiving 
stipulations and approving rights-of-way; and 
(4) notify surface estate owners within five busi-
ness days after issuance of a drilling permit under a 
lease. 
(e) REGULATIONS.—The Secretary shall issue regula-
tions implementing this section by not later than 1 year 
after the date of the enactment of this Act. 
SEC. 222. ONSHORE OIL AND GAS RECLAMATION AND 
BONDING. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) 
is amended by adding at the end the following: 
‘‘(q) RECLAMATION
REQUIREMENTS.—An operator 
producing oil or gas (including coalbed methane) under a 
lease issued pursuant to this Act shall— 
‘‘(1) at a minimum restore the land affected to 
a condition capable of supporting the uses that it was 
capable of supporting prior to any drilling, or higher 
or better uses of which there is reasonable likelihood, 
so long as such use or uses do not present any actual 
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or probable hazard to public health or safety or pose 
any actual or probable threat of water diminution or 
pollution, and the permit applicants’ declared pro-
posed land use following reclamation is not imprac-
tical or unreasonable, inconsistent with applicable 
land use policies and plans, or involve unreasonable 
delay in implementation, or is violative of Federal or 
State law; 
‘‘(2) ensure that all reclamation efforts proceed 
in an environmentally sound manner and as contem-
poraneously as practicable with the oil and gas drill-
ing operations; and 
‘‘(3) submit with the plan of operations a rec-
lamation plan that describes in detail the methods 
and practices that will be used to ensure complete and 
timely restoration of all lands affected by oil and gas 
operations. 
‘‘(r) RECLAMATION BOND OR OTHER FINANCIAL AS-
SURANCES.—An operator producing oil or gas (including 
coalbed methane) under a lease issued under this Act shall 
post a bond or other financial assurances that cover the rec-
lamation of that area of land within the permit area upon 
which the operator will initiate and conduct oil and gas 
drilling and reclamation operations within the initial term 
of the permit. As succeeding increments of oil and gas drill-
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ing and reclamation operations are to be initiated and con-
ducted within the permit area, the lessee shall file with the 
regulatory authority an additional bond or bonds or other 
financial assurances to cover such increments in accordance 
with this section. The amount of the bond or other financial 
assurances required for each bonded area shall depend upon 
the reclamation requirements of the approved permit; shall 
reflect the probable difficulty of reclamation giving consid-
eration to such factors as topography, geology of the site, 
hydrology, and revegetation potential; and shall be deter-
mined by the Secretary. The amount of the bond or other 
financial assurances shall be sufficient to assure the comple-
tion of the reclamation plan if the work had to be performed 
by the Secretary in the event of forfeiture. 
‘‘(s) REGULATIONS.—No later than one year after the 
date of the enactment of this subsection, the Secretary shall 
promulgate regulations to implement the requirements, in-
cluding for the release of bonds or other financial assur-
ances, of subsections (q) and (r).’’. 
SEC. 223. PROTECTION OF WATER RESOURCES. 
(a) MINERAL LEASING ACT REQUIREMENTS.—Section 
17 of the Mineral Leasing Act (30 U.S.C. 226) is further 
amended by adding at the end the following: 
‘‘(t) WATER REQUIREMENTS.— 
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‘‘(1) IN GENERAL.—An operator producing oil or 
gas (including coalbed methane) under a lease issued 
under this Act shall— 
‘‘(A) remediate or replace the water supply 
of a water user who obtains all or part of such 
user’s supply of water for domestic, agricultural, 
or other purposes from an underground or sur-
face source that has been affected by contamina-
tion, diminution, or interruption proximately 
resulting from drilling operations for such pro-
duction; and 
‘‘(B) comply with all applicable require-
ments of Federal and State law for discharge of 
any water produced under the lease. 
‘‘(2) WATER MANAGEMENT PLAN.—An applica-
tion for a permit to drill submitted pursuant to a 
lease issued under this Act shall be accompanied by 
a proposed water management plan including provi-
sions to— 
‘‘(A) protect the quantity and quality of 
surface and ground water systems, both on-site 
and off-site, from adverse effects of the explo-
ration, development, and reclamation processes 
or to provide alternative sources of water if such 
protection cannot be assured; 
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‘‘(B) protect the rights of present users of 
water that would be affected by operations under 
the lease, including the discharge of any water 
produced in connection with such operations that 
is not reinjected; and 
‘‘(C) identify any agreements with other 
parties for the beneficial use of produced waters 
and the steps that will be taken to comply with 
State and Federal laws related to such use.’’. 
(b) RELATION TO STATE LAW.—Nothing in this sub-
title or any amendment made by this subtitle shall— 
(1) be construed as impairing or in any manner 
affecting any right or jurisdiction of any State with 
respect to the waters of such State; or 
(2) be construed as limiting, altering, modifying, 
or amending any of the interstate compacts or equi-
table apportionment decrees that apportion water 
among and between States. 
(c) REGULATIONS.—No later than one year after the 
date of the enactment of this Act, the Secretary of the Inte-
rior shall promulgate regulations to implement this section. 
SEC. 224. DUE DILIGENCE FEE. 
(a) ESTABLISHMENT.—The Secretary of the Interior 
shall, within 180 days after the date of enactment of this 
Act, issue regulations to establish a fee with respect to Fed-
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eral onshore lands that are subject to a lease for production 
of oil, natural gas, or coal under which production is not 
occurring. Such fee shall apply with respect to lands that 
are subject to such a lease that is in effect on the date final 
regulations are promulgated under this subsection or that 
is issued thereafter. 
(b) AMOUNT.—The amount of the fee shall be $1 per 
year for each acre of land that is not in production for 
that year. 
(c) ASSESSMENT AND COLLECTION.—The Secretary 
shall assess and collect the fee established under this section. 
(d) DEPOSIT
AND USE.—Amounts received by the 
United States in the form of the fee established under this 
section shall be available to the Secretary of the Interior 
for use to repair damage to Federal lands and resources 
caused by oil and gas development, in accordance with the 
the documents submitted by the President with the budget 
submission for fiscal year 2008 relating to the Healthy 
Lands Initiative. Amounts received by the United States 
as fees under this section shall be treated as offsetting re-
ceipts. Amounts received by the United States in the form 
of the fee established under this section from nonproducing 
coal leases shall also be available to the Secretary of the 
Interior for any coal-to-liquids programs or pilot projects 
funded in whole or in part by the Federal Government. 
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Subtitle D—Wind Energy 
SEC. 231. WIND TURBINE GUIDELINES ADVISORY COM-
MITTEE. 
(a) IN GENERAL.—The Secretary of the Interior, with-
in 30 days after the date of enactment of this Act, shall 
convene or utilize an existing Wind Turbine Guidelines Ad-
visory Committee to study and make recommendations to 
the Secretary on guidance for avoiding or minimizing im-
pacts to wildlife and their habitats related to land-based 
wind energy facilities. The matters assessed by the Com-
mittee shall include the following: 
(1) The Service Interim Guidance on Avoiding 
and Minimizing Wildlife Impacts from Wind Tur-
bines of 2003. 
(2) Balancing potential impacts to wildlife with 
requirements for acquiring the information necessary 
to assess those impacts prior to selecting sites and de-
signing facilities. 
(3) The scientific tools and procedures best able 
to assess pre-development risk or benefits provided to 
wildlife, measure post-development mortality, assess 
behavioral modification, and provide compensatory 
mitigation for unavoidable impacts. 
(4) A process for coordinating State, tribal, 
local, and national review and evaluation of the im-
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pacts to wildlife from wind energy consistent with 
State and Federal laws and international treaties. 
(5) Determination of project size thresholds or 
impacts below which guidelines may not apply. 
(6) Appropriate timetables for phasing-in guid-
ance. 
(7) Current State actions to avoid and minimize 
wildlife impacts from wind turbines in consultation 
with State wildlife agencies. 
(b) COMMITTEE OPERATIONS.—The Wind Turbine 
Guidelines Advisory Committee shall conduct its activities 
in accordance with the Federal Advisory Committee Act (5 
U.S.C. App.). The Secretary is authorized to provide such 
technical analyses and support as is requested by such advi-
sory committee. 
(c) COMMITTEE MEMBERSHIP.—The membership of 
the Wind Turbine Guidelines Advisory Committee shall not 
exceed 20 members, and shall be appointed by the Secretary 
of the Interior to achieve balanced representation of wind 
energy development, wildlife conservation, and government. 
The members shall include representatives from the United 
States Fish and Wildlife Service and other Federal agencies, 
and representatives from other interested persons, including 
States, tribes, wind energy development organizations, non-
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governmental conservation organizations, and local regu-
latory or licensing commissions. 
(d) REPORT.—The Wind Turbine Advisory Committee 
shall, within 18 months after the date of enactment of this 
Act, submit a report to Congress and the Secretary pro-
viding recommended guidance for developing effective meas-
ures to protect wildlife resources and enhance potential ben-
efits to wildlife that may be identified. 
(e) ISSUANCE OF GUIDANCE.—Not later than 6 months 
after receiving the report of the Wind Turbine Guidelines 
Advisory Committee under subsection (d), the Secretary 
shall following public notice and comment issue final guid-
ance to avoid and minimize impacts to wildlife and their 
habitats related to land-based wind energy facilities. Such 
guidance shall be based upon the findings and recommenda-
tions made in the report. 
SEC. 232. AUTHORIZATION OF APPROPRIATIONS FOR RE-
SEARCH TO STUDY WIND ENERGY IMPACTS 
ON WILDLIFE. 
There is authorized to be appropriated to the Secretary 
of the Interior $2,000,000 for each of fiscal years 2008 
through 2015 for new and ongoing research efforts to evalu-
ate methods for minimizing wildlife impacts at wind en-
ergy projects and to explore effective mitigation methods 
that may be utilized for that purpose. 
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SEC. 233. ENFORCEMENT. 
The Secretary shall enforce the Endangered Species 
Act of 1973, the Migratory Bird Treaty Act, the Bald Eagle 
Protection Act, the Golden Eagle Protection Act, the Marine 
Mammal Protection Act of 1973, the National Environ-
mental Policy Act of 1969, and any other relevant Federal 
law to address adverse wildlife impacts related to wind 
projects. Nothing in this section preempts State enforcement 
of applicable State laws. 
SEC. 234. SAVINGS CLAUSE. 
Nothing in this subtitle preempts any provision of 
State law or regulation relating to the siting of wind 
projects or to consideration or review of any environmental 
impacts of wind projects. 
Subtitle E—Enhancing Energy 
Transmission 
SEC. 241. POWER MARKETING ADMINISTRATIONS REPORT. 
(a) ANALYSIS.—The Secretary of Energy, acting 
through the Administrators of the Bonneville and Western 
Area Power Marketing Administrations and in coordina-
tion with regional transmission entities, shall conduct, or 
participate with such regional transmission entities to con-
duct, an analysis of the existing capacity of transmission 
systems serving the States of California, Oregon, and Wash-
ington to determine whether the existing capacity is ade-
quate to accommodate and integrate development and com-
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mercial operation of ocean wave, tidal, and current energy 
projects in State and Federal marine waters adjacent to 
those States. 
(b) REPORT.—Based on the analysis conducted under 
subsection (a), the Secretary of Energy shall prepare and 
provide to the Natural Resources Committee of the House 
of Representatives and the Energy and Natural Resources 
Committee of the Senate, not later than one year after the 
date of enactment of this Act, a report identifying changes 
required, if any, in the capacity of existing transmission 
systems serving the States referred to in subsection (a) in 
order to reliably and efficiently accommodate and integrate 
generation from commercial ocean wave, tidal, and current 
energy projects in aggregate, escalating amounts equal to 
2.5, 5, and 10 percent of the current electrical energy con-
sumption in those States. 
(c) LIMITATION ON IMPLEMENTATION OF CHANGES.— 
The Secretary of Energy shall not implement any changes 
identified in the report under subsection (b) until the Sec-
retary determines that transmission capacity backlogs asso-
ciated with other renewable energies and existing at the 
time the report is issued have been accommodated and inte-
grated within transmission systems serving the States of 
California, Oregon, and Washington. 
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(d) ACTIVITIES NONREIMBURSABLE.—Activities car-
ried out under subsection (a) or (b) shall be nonreimburs-
able. 
(e) EXISTING PROCEDURES AND QUEUING NOT AF-
FECTED.—Nothing in this section supercedes existing proce-
dures and queuing pursuant to the appropriate Open Access 
Transmission Tariffs filed by the Administrators of the 
Bonneville and Western Area Power Administrations. 
TITLE III—ALTERNATIVE 
ENERGY AND EFFICIENCY 
SEC. 301. STATE OCEAN AND COASTAL ALTERNATIVE EN-
ERGY PLANNING. 
(a) IN GENERAL.—The Coastal Zone Management Act 
of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting 
after section 306A the following: 
‘‘OCEAN AND COASTAL ALTERNATIVE ENERGY STATE SUR-
VEYS; ALTERNATIVE
ENERGY
SITE
IDENTIFICATION 
AND PLANNING 
‘‘SEC. 306B. (a) GRANTS TO STATES.—The Secretary 
may make grants to eligible coastal States to support vol-
untary State efforts to initiate and complete surveys of por-
tions of coastal State waters and Federal waters adjacent 
to a State’s coastal zone, in consultation with the Minerals 
Management Service, to identify potential areas suitable or 
unsuitable for the exploration, development, and production 
of alternative energy that are consistent with the enforceable 
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policies of coastal management plans approved pursuant to 
section 306A. 
‘‘(b) SURVEY ELEMENTS.—Surveys developed with 
grants under this section may include, but not be limited 
to— 
‘‘(1) hydrographic and bathymetric surveys; 
‘‘(2) oceanographic observations and measure-
ments of the physical ocean environment, especially 
seismically active areas; 
‘‘(3) identification and characterization of sig-
nificant or sensitive marine ecosystems or other areas 
possessing important conservation, recreational, eco-
logical, historic, or aesthetic values; 
‘‘(4) surveys of existing marine uses in the outer 
Continental Shelf and identification of potential con-
flicts; 
‘‘(5) inventories and surveys of shore locations 
and infrastructure capable of supporting alternative 
energy development; 
‘‘(6) inventories and surveys of offshore locations 
and infrastructure capable of supporting alternative 
energy development; and 
‘‘(7) other actions as may be necessary. 
‘‘(c) PARTICIPATION AND COOPERATION.—To the ex-
tent practicable, coastal States shall provide opportunity 
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for the participation in surveys under this section by rel-
evant Federal agencies, State agencies, local governments, 
regional organizations, port authorities, and other inter-
ested parties and stakeholders, public and private, that is 
adequate to develop a comprehensive survey. 
‘‘(d) GUIDELINES.—The Secretary shall, within 180 
days after the date of enactment of this section and after 
consultation with the coastal States, publish guidelines for 
the application for and use of grants under this section. 
‘‘(e) ANNUAL GRANTS.—For each of fiscal years 2008 
through 2011, the Secretary may make a grant to a coastal 
State under this section if the coastal State demonstrates 
to the satisfaction of the Secretary that the grant will be 
used to develop an alternative energy survey consistent with 
the requirements set forth in section 306A and this section. 
‘‘(f) GRANT AMOUNTS.—The amount of any grant 
under this section shall not exceed $750,000 for any fiscal 
year. 
‘‘(g) STATE MATCH.— 
‘‘(1) BEFORE FISCAL YEAR 2010.—The Secretary 
shall not require any State matching fund contribu-
tion for grants awarded under this section for any 
fiscal year before fiscal year 2010. 
‘‘(2) AFTER FISCAL YEAR 2010.—The Secretary 
shall require a coastal State to provide a matching 
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fund contribution for a grant under this section for 
surveys of a State’s coastal waters, according to— 
‘‘(A) a 2-to-1 ratio of Federal-to-State con-
tributions for fiscal year 2010; and 
‘‘(B) a 1-to-1 ratio of Federal-to-State con-
tributions for fiscal year 2011. 
‘‘(3) LIMITATION.—The Secretary shall not re-
quire any matching funds for surveys of Federal wa-
ters adjacent to a State’s coastal zone. 
‘‘(h) SECRETARIAL REVIEW.—After an initial grant is 
made to a coastal State under this section, no subsequent 
grant may be made to that coastal State under this section 
unless the Secretary finds that the coastal State is satisfac-
torily developing its survey. 
‘‘(i) LIMITATION ON ELIGIBILITY.—No coastal State is 
eligible to receive grants under this section for more than 
4 fiscal years. 
‘‘(j) APPLICABILITY.—This section and the surveys 
conducted with assistance under this section shall not be 
construed to convey any new authority to any coastal State, 
or repeal or supersede any existing authority of any Federal 
agency, to regulate the siting, licensing, leasing, or permit-
ting of alternative energy facilities in areas of the outer 
Continental Shelf under the administration of the Federal 
Government. Nothing in this section repeals or supersedes 
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