IB 
Union Calendar No. 781 
115TH CONGRESS 
2D SESSION 
H. R. 4239 
[Report No. 115–1000] 
To distribute revenues from oil and gas leasing on the outer Continental 
Shelf to certain coastal States, to require sale of approved offshore 
oil and gas leases, to promote offshore wind lease sales, and to empower 
States to manage the development and production of oil and gas on 
available Federal land, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2017 
Mr. SCALISE (for himself, Mr. BISHOP of Utah, Mr. GONZALEZ of Texas, and 
Mr. CUELLAR) introduced the following bill; which was referred to the 
Committee on Natural Resources 
NOVEMBER 2, 2018 
Additional sponsors: Mr. GOSAR, Mr. CRAMER, Mr. PEARCE, Mr. LAMBORN, 
Mrs. RADEWAGEN, Mr. WEBER of Texas, Mr. LAMALFA, Mr. HUDSON, 
Mr. FLORES, Mr. DUNCAN of South Carolina, Mr. YOUNG of Alaska, Mr. 
ABRAHAM, and Mr. BRAT 
NOVEMBER 2, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on November 3, 2017] 
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A BILL 
To distribute revenues from oil and gas leasing on the outer 
Continental Shelf to certain coastal States, to require 
sale of approved offshore oil and gas leases, to promote 
offshore wind lease sales, and to empower States to 
manage the development and production of oil and gas 
on available Federal land, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Strengthening the Economy with Critical Untapped Re-
sources to Expand American Energy Act’’ or the ‘‘SECURE 
American Energy Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is the following: 
Sec. 1. Short title; table of contents. 
TITLE I—OFFSHORE 
Sec. 101. Short title. 
Sec. 102. Disposition of revenues from oil and gas leasing on the outer Conti-
nental Shelf to producing States. 
Sec. 103. Limitations on the amount of distributed qualified outer Continental 
Shelf revenues under the Gulf of Mexico Energy Security Act of 
2006. 
Sec. 104. Limitation of authority of the President to withdraw areas of the outer 
Continental Shelf from oil and gas leasing. 
Sec. 105. Modification to the outer Continental Shelf leasing program. 
Sec. 106. Inspection fee collection. 
Sec. 107. Arctic rule shall have no force or effect. 
Sec. 108. Application of outer Continental Shelf Lands Act with respect to terri-
tories of the United States. 
Sec. 109. Wind lease sales for the outer Continental Shelf. 
Sec. 110. Reducing permitting delays for taking of marine mammals. 
Sec. 111. Effect. 
TITLE II—ONSHORE 
Sec. 201. Short title. 
Sec. 202. Cooperative federalism in oil and gas permitting on available Federal 
land. 
Sec. 203. Conveyance to certain States of property interest in State share of roy-
alties and other payments. 
Sec. 204. Permitting on non-Federal surface estate. 
Sec. 205. State and Tribal authority for hydraulic fracturing regulation. 
Sec. 206. Review of Integrated Activity Plan for the National Petroleum Reserve 
in Alaska. 
Sec. 207. Protested lease sales. 
Sec. 208. Clarification regarding liability under Migratory Bird Treaty Act. 
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TITLE I—OFFSHORE 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Accessing Strategic Re-
sources Offshore Act’’ or the ‘‘ASTRO’’ Act. 
SEC. 102. DISPOSITION OF REVENUES FROM OIL AND GAS 
LEASING 
ON 
THE 
OUTER 
CONTINENTAL 
SHELF TO PRODUCING STATES. 
Section 9 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1338) is amended— 
(1) by striking ‘‘All rentals’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this section, all rentals’’; and 
(2) by adding at the end the following: 
‘‘(b) DISTRIBUTION
OF REVENUE
TO PRODUCING 
STATES.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED PLANNING AREA.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the term ‘covered planning area’ means 
each of the following planning areas, as 
such planning areas are generally depicted 
in the later of the 2017–2022 Outer Conti-
nental Shelf Oil and Gas Leasing Proposed 
Final Program, dated November 2016, or a 
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subsequent oil and gas leasing program de-
veloped under section 18 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1344): 
‘‘(I) Mid-Atlantic. 
‘‘(II) South Atlantic. 
‘‘(III) Any planning area located 
off the coast of Alaska. 
‘‘(ii) EXCLUSIONS.—The term ‘covered 
planning area’ does not include any area in 
the Atlantic— 
‘‘(I) north of the southernmost lat-
eral seaward administrative boundary 
of the State of Maryland; or 
‘‘(II) south of the northernmost 
lateral seaward administrative bound-
ary of the State of Florida. 
‘‘(B) PRODUCING STATE.—The term ‘pro-
ducing State’ means each of the following States: 
‘‘(i) Virginia. 
‘‘(ii) North Carolina. 
‘‘(iii) South Carolina. 
‘‘(iv) Georgia. 
‘‘(v) Alaska. 
‘‘(C) QUALIFIED REVENUES.— 
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‘‘(i) IN GENERAL.—The term ‘qualified 
revenues’ means revenues derived from rent-
als, royalties, bonus bids, and other sums 
due and payable to the United States under 
oil and gas leases entered into on or after 
the date of the enactment of this Act for an 
area in a covered planning area. 
‘‘(ii) EXCLUSIONS.—The term ‘quali-
fied revenues’ does not include— 
‘‘(I) revenues from the forfeiture of 
a bond or other surety securing obliga-
tions other than royalties, civil pen-
alties, or royalties taken by the Sec-
retary in-kind and not sold; 
‘‘(II) revenues generated from 
leases subject to section 8(g); and 
‘‘(III) the portion of rental reve-
nues in excess of those that would have 
been collected at the rental rates in ef-
fect before August 5, 1993. 
‘‘(2) DEPOSIT OF QUALIFIED REVENUES.— 
‘‘(A) PHASE I.—With respect to qualified 
revenues under leases awarded under the first 
leasing program approved under section 18(a) 
that takes effect after the date of the enactment 
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of this section, the Secretary of the Treasury 
shall deposit or allocate, as applicable— 
‘‘(i) 87.5 percent into the general fund 
of the Treasury; and 
‘‘(ii) 12.5 percent to States in accord-
ance with paragraph (3). 
‘‘(B) PHASE II.—With respect to qualified 
revenues under leases awarded under the second 
leasing program approved under section 18(a) 
that takes effect after the date of the enactment 
of this section, the Secretary of the Treasury 
shall deposit or allocate, as applicable— 
‘‘(i) 75 percent into the general fund of 
the Treasury; and 
‘‘(ii) 25 percent to States in accord-
ance with paragraph (3). 
‘‘(C) PHASE III.—With respect to qualified 
revenues under leases awarded under the third 
leasing program approved under section 18(a) 
that takes effect after the date of the enactment 
of this section and under any such leasing pro-
gram subsequent to such third leasing program, 
the Secretary of the Treasury shall deposit or al-
locate, as applicable— 
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‘‘(i) 50 percent into the general fund of 
the Treasury; and 
‘‘(ii) 50 percent into a special account 
in the Treasury from which the Secretary of 
the Treasury shall disburse— 
‘‘(I) 75 percent to States in ac-
cordance with paragraph (3); 
‘‘(II) 12.5 percent to the Secretary 
of Transportation for energy infra-
structure development in coastal ports; 
and 
‘‘(III) 12.5 percent to the Sec-
retary of the Interior for units of the 
National Park System. 
‘‘(3) ALLOCATION TO PRODUCING STATES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of the Treasury shall 
allocate the qualified revenues distributed to 
States under paragraph (2) to each producing 
State in an amount based on a formula estab-
lished by the Secretary of the Interior, by regula-
tion, that— 
‘‘(i) is inversely proportional to the re-
spective distances between— 
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‘‘(I) the point on the coastline of 
the producing State that is closest to 
the geographical center of the applica-
ble leased tract; and 
‘‘(II) the geographical center of 
that leased tract; 
‘‘(ii) does not allocate qualified reve-
nues to any producing State that is further 
than 200 nautical miles from the leased 
tract; and 
‘‘(iii) allocates not less than 10 percent 
of qualified revenues to each producing 
State that is 200 or fewer nautical miles 
from the leased tract. 
‘‘(B) PAYMENTS
TO
COASTAL
POLITICAL 
SUBDIVISIONS.— 
‘‘(i) IN
GENERAL.—The Secretary of 
the Treasury shall pay 20 percent of the al-
locable share of each producing State deter-
mined under this paragraph to the coastal 
political subdivisions of the producing 
State. 
‘‘(ii) ALLOCATION.—The amount paid 
by the Secretary of the Treasury to coastal 
political subdivisions shall be allocated to 
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each coastal political subdivision in accord-
ance with subparagraphs (B) and (E) of 
section 31(b)(4). 
‘‘(iii) DEFINITION OF COASTAL POLIT-
ICAL SUBDIVISION.—In this subparagraph, 
the term ‘coastal political subdivision’ 
means— 
‘‘(I) with respect to a contiguous 
coastal State, a political subdivision of 
such State, any part of which is— 
‘‘(aa) within the coastal zone 
of the State (as defined in section 
304 of the Coastal Zone Manage-
ment 2 Act of 1972 (16 U.S.C. 
1453)); and 
‘‘(bb) not more than 200 
nautical miles from the geo-
graphic center of any leased tract; 
and 
‘‘(II) with respect to a noncontig-
uous coastal State— 
‘‘(aa) 
a 
county-equivalent 
subdivision 
of 
the 
State 
for 
which— 
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‘‘(AA) all or part lies 
within the coastal zone of the 
State (as defined in section 
304 of the Coastal Zone 
Management Act of 1972 (16 
U.S.C. 1453)); and 
‘‘(BB) the closest coastal 
point is not more than 200 
nautical miles from the geo-
graphical 
center 
of 
any 
leased tract on the outer Con-
tinental Shelf; or 
‘‘(bb) a municipal subdivi-
sion of the State for which— 
‘‘(AA) the closest point 
is more than 200 nautical 
miles from the geographical 
center of a leased tract on the 
outer Continental Shelf; and 
‘‘(BB) the State has de-
termined to be a significant 
staging area for oil and gas 
servicing, supply vessels, op-
erations, suppliers, or work-
ers. 
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‘‘(4) ADMINISTRATION.—Amounts made avail-
able under paragraph (2)(B) shall— 
‘‘(A) be made available, without further ap-
propriation, in accordance with this subsection; 
‘‘(B) remain available until expended; 
‘‘(C) be in addition to any amounts appro-
priated under— 
‘‘(i) chapter 2003 of title 54, United 
States Code; 
‘‘(ii) any other provision of this Act; 
and 
‘‘(iii) any other provision of law; and 
‘‘(D) be made available during the fiscal 
year immediately following the fiscal year in 
which such amounts were received.’’. 
SEC. 103. LIMITATIONS ON THE AMOUNT OF DISTRIBUTED 
QUALIFIED 
OUTER 
CONTINENTAL 
SHELF 
REVENUES UNDER THE GULF OF MEXICO EN-
ERGY SECURITY ACT OF 2006. 
Section 105(f)(1) of the Gulf of Mexico Energy Secu-
rity Act of 2006 (43 U.S.C. 1331 note) is amended to read 
as follows: 
‘‘(1) IN GENERAL.—The total amount of quali-
fied outer Continental Shelf revenues described in sec-
tion 102(9)(A)(ii) that are made available under sub-
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section (a)(2) shall remain available until expended 
and shall not exceed— 
‘‘(A) for each of fiscal years 2019 through 
2028, $500,000,000; and 
‘‘(B) for each of fiscal years 2029 through 
2059, $649,800,000.’’. 
SEC. 104. LIMITATION OF AUTHORITY OF THE PRESIDENT 
TO WITHDRAW AREAS OF THE OUTER CONTI-
NENTAL SHELF FROM OIL AND GAS LEASING. 
(a) LIMITATION ON WITHDRAWAL FROM DISPOSITION 
OF LANDS ON THE OUTER CONTINENTAL SHELF.—Section 
12 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1341) is amended by amending subsection (a) to read as 
follows: 
‘‘(a) LIMITATION ON WITHDRAWAL.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this section, no lands of the outer Continental Shelf 
may be withdrawn from disposition except by an Act 
of Congress. 
‘‘(2) NATIONAL
MARINE
SANCTUARIES.—The 
President may withdraw from disposition any of the 
unleased lands of the outer Continental Shelf located 
in a national marine sanctuary designated in accord-
ance with the National Marine Sanctuaries Act (16 
U.S.C. 1431 et seq.) or otherwise by statute. 
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‘‘(3) EXISTING WITHDRAWALS.— 
‘‘(A) IN
GENERAL.—Except for the with-
drawals listed in subparagraph (B), any with-
drawal from disposition of lands on the outer 
Continental Shelf before the date of the enact-
ment of this subsection shall have no force or ef-
fect. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply to the following withdrawals: 
‘‘(i) Any withdrawal in a national 
marine sanctuary designated in accordance 
with the National Marine Sanctuaries Act. 
‘‘(ii) Any withdrawal in a national 
monument declared under section 320301 of 
title 54, United States Code, or the Act of 
June 8, 1906 (ch. 3060; 34 Stat. 225). 
‘‘(iii) Any withdrawal in the North 
Aleutian Basin Planning Area, including 
Bristol Bay.’’. 
(b) TERMINATION OF AUTHORITY TO ESTABLISH MA-
RINE NATIONAL MONUMENTS.—Section 320301 of title 54, 
United States Code, is amended by adding at the end the 
following: 
‘‘(e) LIMITATION
ON
MARINE
NATIONAL
MONU-
MENTS.— 
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‘‘(1) IN GENERAL.—Notwithstanding subsections 
(a) and (b), the President may not declare or reserve 
any ocean waters (as such term is defined in section 
3 of the Marine Protection, Research, and Sanctuaries 
Act of 1972 (33 U.S.C. 1402)) or lands beneath ocean 
waters as a national monument. 
‘‘(2) 
MARINE
NATIONAL
MONUMENTS
DES-
IGNATED BEFORE THE DATE OF THE ENACTMENT OF 
THIS SUBSECTION.—This subsection shall not affect 
any national monument designated by the President 
before the date of the enactment of this Act.’’. 
SEC. 105. MODIFICATION TO THE OUTER CONTINENTAL 
SHELF LEASING PROGRAM. 
Section 18(e) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1344(e)) is amended by adding at the end the 
following: ‘‘The Secretary shall include in any such revised 
leasing program each unexecuted lease sale that was in-
cluded in the most recent leasing program and the Secretary 
shall execute each such lease sale as close as practicable to 
the time specified in the most recent leasing program. Sec-
tion 102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332) shall be deemed to have been satis-
fied with respect to the execution of such unexecuted lease 
sales if the Secretary, in the Secretary’s sole discretion, de-
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termines that such section was satisfied with respect to such 
unexecuted lease sales for the most recent leasing program.’’. 
SEC. 106. INSPECTION FEE COLLECTION. 
Section 22 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1348) is amended by adding at the end the fol-
lowing: 
‘‘(g) INSPECTION FEES.— 
‘‘(1) ESTABLISHMENT.—The Secretary of the In-
terior shall collect from the operators of facilities sub-
ject to inspection under subsection (c) non-refundable 
fees for such inspections— 
‘‘(A) at an aggregate level equal to the 
amount necessary to offset the annual expenses of 
inspections of outer Continental Shelf facilities 
(including mobile offshore drilling units) by the 
Secretary of the Interior; and 
‘‘(B) using a schedule that reflects the dif-
ferences in complexity among the classes of fa-
cilities to be inspected. 
‘‘(2) OCEAN ENERGY SAFETY FUND.—There is es-
tablished in the Treasury a fund, to be known as the 
‘Ocean Energy Safety Fund’ (referred to in this sub-
section as the ‘Fund’), into which shall be deposited 
all amounts collected as fees under paragraph (1) and 
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which shall be available as provided under paragraph 
(3). 
‘‘(3) AVAILABILITY OF FEES.— 
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 3302 of title 31, United States Code, all 
amounts deposited in the Fund— 
‘‘(i) shall be credited as offsetting col-
lections; 
‘‘(ii) shall be available for expenditure 
for purposes of carrying out inspections of 
outer Continental Shelf facilities (including 
mobile offshore drilling units) and the ad-
ministration of the inspection program 
under this section; 
‘‘(iii) shall be available only to the ex-
tent provided for in advance in an appro-
priations Act; and 
‘‘(iv) shall remain available until ex-
pended. 
‘‘(B) USE FOR FIELD OFFICES.—Not less 
than 75 percent of amounts in the Fund may be 
appropriated for use only for the respective De-
partment of the Interior field offices where the 
amounts were originally assessed as fees. 
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‘‘(4) INITIAL
FEES.—Fees shall be established 
under this subsection for the fiscal year in which this 
subsection takes effect and the subsequent 10 years, 
and shall not be raised, except as determined by the 
Secretary to be appropriate as an adjustment equal 
to the percentage by which the Consumer Price Index 
for the month of June of the calendar year preceding 
the adjustment exceeds the Consumer Price Index for 
the month of June of the calendar year in which the 
fee was determined or last adjusted. 
‘‘(5) ANNUAL FEES.—Annual fees shall be col-
lected under this subsection for facilities that are 
above the waterline, excluding drilling rigs, and are 
in place at the start of the fiscal year. Fees for fiscal 
year 2019 shall be— 
‘‘(A) $10,500 for facilities with no wells, but 
with processing equipment or gathering lines; 
‘‘(B) $17,000 for facilities with 1 to 10 
wells, with any combination of active or inactive 
wells; and 
‘‘(C) $31,500 for facilities with more than 
10 wells, with any combination of active or inac-
tive wells. 
‘‘(6) FEES FOR DRILLING RIGS.—Fees shall be 
collected under this subsection for drilling rigs on a 
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per inspection basis. Fees for fiscal year 2019 shall 
be— 
‘‘(A) $30,500 per inspection for rigs oper-
ating in water depths of 1,000 feet or more; and 
‘‘(B) $16,700 per inspection for rigs oper-
ating in water depths of less than 1,000 feet. 
‘‘(7) BILLING.—The Secretary shall bill des-
ignated operators under paragraph (5) annually, 
with payment required within 30 days of billing. The 
Secretary shall bill designated operators under para-
graph (6) within 30 days of the end of the month in 
which the inspection occurred, with payment required 
within 30 days after billing. 
‘‘(8) ANNUAL REPORTS.— 
‘‘(A) IN GENERAL.—Not later than 60 days 
after the end of each fiscal year beginning with 
fiscal year 2019 and ending with fiscal year 
2029, the Secretary shall submit to the Com-
mittee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources 
of the House of Representatives a report on the 
operation of the Fund during the fiscal year. 
‘‘(B) CONTENTS.—Each report shall in-
clude, for the fiscal year covered by the report, 
the following: 
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‘‘(i) A statement of the amounts depos-
ited into the Fund. 
‘‘(ii) A description of the expenditures 
made from the Fund for the fiscal year, in-
cluding the purpose of the expenditures and 
the additional hiring of personnel. 
‘‘(iii) A statement of the balance re-
maining in the Fund at the end of the fiscal 
year. 
‘‘(iv) An accounting of pace of permit 
approvals. 
‘‘(v) If fee increases are proposed, a 
proper accounting of the potential adverse 
economic impacts such fee increases will 
have on offshore economic activity and over-
all production. 
‘‘(vi) Recommendations to increase the 
efficacy and efficiency of offshore inspec-
tions. 
‘‘(vii) Any corrective actions levied 
upon offshore inspectors as a result of any 
form of misconduct.’’. 
SEC. 107. ARCTIC RULE SHALL HAVE NO FORCE OR EFFECT. 
The rule entitled ‘‘Oil and Gas and Sulfur Operations 
on the Outer Continental Shelf – Requirements for Explor-
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atory Drilling on the Arctic Outer Continental Shelf’’ and 
published in the Federal Register on July 15, 2016 (81 Fed. 
Reg. 46478), shall have no force or effect. 
SEC. 108. APPLICATION OF OUTER CONTINENTAL SHELF 
LANDS ACT WITH RESPECT TO TERRITORIES 
OF THE UNITED STATES. 
(a) IN GENERAL.—Section 2 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331) is amended— 
(1) in paragraph (a), by inserting after ‘‘con-
trol’’ the following: ‘‘or lying within the exclusive eco-
nomic zone of the United States’’; 
(2) in paragraph (p), by striking ‘‘and’’ after the 
semicolon at the end; 
(3) in paragraph (q), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(r) The term ‘State’ includes each territory of the 
United States.’’. 
(b) EXCLUSIONS.— 
(1) Section 4(a) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333) is amended by adding at 
the end the following: 
‘‘(4) This section shall not apply to the territories and 
possessions of the United States.’’. 
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(2) Section 18 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1344) is amended by adding at 
the end the following: 
‘‘(i) This section shall not apply to the scheduling of 
lease sales in the outer Continental Shelf adjacent to the 
territories and possessions of the United States.’’. 
(c) EXPLORATION LICENSES AND LEASES.—Section 
8(k) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337) is amended by adding at the end the following: 
‘‘(3) EXPLORATION LICENSES AND LEASES ON 
OUTER
CONTINENTAL
SHELF
ADJACENT
TO
TERRI-
TORIES AND POSSESSIONS.— 
‘‘(A) IN GENERAL.—The Secretary is au-
thorized to grant to any qualified applicant an 
exploration license which will provide the exclu-
sive right to explore for minerals, other than oil, 
gas, and sulphur, in an area lying within the 
United States exclusive economic zone and the 
outer Continental Shelf adjacent to any territory 
or possession of the United States. 
‘‘(B) APPLICATION.—Subsection (a) shall 
not apply to any area conveyed by Congress to 
a territorial government for administration. 
‘‘(C) EXPLORATION LICENSE DURATION.— 
Exploration licenses granted under this para-
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graph will be issued for a period pursuant to 
regulations prescribed by the Secretary. 
‘‘(D) LEASE.—Upon showing to the satis-
faction of the Secretary that valuable mineral de-
posits have been discovered by the licensee within 
the area described by the exploration license of 
the licensee, the licensee will be entitled to a lease 
for any or all of that area at a royalty rate es-
tablished by regulation and lease terms. 
‘‘(E) LEASE DURATION.—Leases under this 
section will be issued for a period established by 
regulation with a preferential right in the lessee 
to renew.’’. 
SEC. 109. WIND LEASE SALES FOR THE OUTER CONTI-
NENTAL SHELF. 
The Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) is amended by adding at the end the following: 
‘‘SEC. 33. WIND LEASE SALES FOR THE OUTER CONTI-
NENTAL SHELF. 
‘‘(a) AUTHORIZATION.—The Secretary may conduct 
wind lease sales for the outer Continental Shelf. 
‘‘(b) WIND LEASE SALE PROCEDURE.—Any wind 
lease sale conducted under this section shall be considered 
a lease under section 8(p). 
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‘‘(c) WIND LEASE SALE OFF COAST OF CALIFORNIA.— 
The Secretary, in consultation with the Secretary of De-
fense, shall offer a wind lease sale for the outer Continental 
Shelf off the coast of California as soon as practicable, but 
not later than one year after the date of enactment of this 
section. 
‘‘(d) WIND LEASE SALES OFF COAST OF PUERTO 
RICO, VIRGIN ISLANDS OF THE UNITED STATES, GUAM, 
AMERICAN SAMOA, AND
THE COMMONWEALTH
OF
THE 
NORTHERN MARIANA ISLANDS.— 
‘‘(1) STUDY
ON
FEASIBILITY
OF
CONDUCTING 
WIND LEASE SALES OFF COAST OF PUERTO RICO, VIR-
GIN ISLANDS OF THE UNITED STATES, GUAM, AMER-
ICAN
SAMOA, AND
THE
COMMONWEALTH
OF
THE 
NORTHERN MARIANA ISLANDS.— 
‘‘(A) STUDY.—The Secretary shall conduct 
a study on the feasibility, including the long 
term economic feasibility, of conducting wind 
lease sales for the outer Continental Shelf off the 
coast of Puerto Rico, the Virgin Islands of the 
United States, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
‘‘(B) SUBMISSION OF RESULTS.—Not later 
than 180 days after the date of the enactment of 
this section, the Secretary shall submit to Con-
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gress the results of the study conducted under 
subparagraph (A). 
‘‘(2) WIND LEASE SALES CONDITIONAL UPON RE-
SULTS OF STUDY.— 
‘‘(A) WIND
LEASE
SALE
OFF
COAST
OF 
PUERTO
RICO.—If the study required under 
paragraph (1)(A) concludes that a wind lease 
sale for the outer Continental Shelf off the coast 
of Puerto Rico is feasible, then the Secretary 
shall offer a wind lease sale for the outer Conti-
nental Shelf off the coast of Puerto Rico as soon 
as practicable, but not later than one year after 
the date of the enactment of this section. 
‘‘(B) WIND LEASE SALE OFF COAST OF VIR-
GIN ISLANDS OF THE UNITED STATES.—If the 
study required under paragraph (1)(A) concludes 
that a wind lease sale for the outer Continental 
Shelf off the coast of the Virgin Islands of the 
United States is feasible, then the Secretary shall 
offer a wind lease sale for the outer Continental 
Shelf off the coast of the Virgin Islands of the 
United States as soon as practicable, but not 
later than one year after the date of the enact-
ment of this section. 
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‘‘(C) WIND
LEASE
SALE
OFF
COAST
OF 
GUAM.—If the study required under paragraph 
(1)(A) concludes that a wind lease sale for the 
outer Continental Shelf off the coast of Guam is 
feasible, then the Secretary shall offer a wind 
lease sale for the outer Continental Shelf off the 
coast of Guam as soon as practicable, but not 
later than one year after the date of the enact-
ment of this section. 
‘‘(D) WIND
LEASE
SALE
OFF
COAST
OF 
AMERICAN SAMOA.—If the study required under 
paragraph (1)(A) concludes that a wind lease 
sale for the outer Continental Shelf off the coast 
of American Samoa is feasible, then the Sec-
retary shall offer a wind lease sale for the outer 
Continental Shelf off the coast of American 
Samoa as soon as practicable, but not later than 
one year after the date of the enactment of this 
section. 
‘‘(E) WIND LEASE SALE OFF COAST OF THE 
COMMONWEALTH
OF
THE
NORTHERN
MARIANA 
ISLANDS.—If the study required under para-
graph (1)(A) concludes that a wind lease sale for 
the outer Continental Shelf off the coast of the 
Commonwealth of the Northern Mariana Islands 
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wind lease sale for the outer Continental Shelf off the 
coast of the State of Hawaii as soon as practicable, 
but not later than one year after the date of the enact-
ment of this section.’’. 
SEC. 110. REDUCING PERMITTING DELAYS FOR TAKING OF 
MARINE MAMMALS. 
(a) ADDRESSING PERMITS FOR TAKING OF MARINE 
MAMMALS.—Section 101(a)(5)(D) of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1371(a)(5)(D)) is amend-
ed as follows: 
(1) In clause (i)— 
(A) by striking ‘‘citizens of the United 
States’’ and inserting ‘‘persons’’; 
(B) by striking ‘‘within a specific geo-
graphic region’’; 
(C) by striking ‘‘of small numbers’’; 
(D) by striking ‘‘such citizens’’ and insert-
ing ‘‘such persons’’; and 
(E) by striking ‘‘within that region’’. 
(2) In clause (ii)— 
(A) in subclause (I), by striking ‘‘, and 
other means of effecting the least practicable im-
pact on such species or stock and its habitat’’; 
(B) in subclause (III), by striking ‘‘require-
ments pertaining to the monitoring and report-
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ing of such taking by harassment, including’’ 
and inserting ‘‘efficient and practical require-
ments pertaining to the monitoring of such tak-
ing by harassment while the activity is being 
conducted and the reporting of such taking, in-
cluding, as the Secretary determines necessary,’’; 
and 
(C) by adding at the end the following: 
‘‘Any condition imposed pursuant to subclause (I), 
(II), or (III) may not result in more than a minor 
change to the specified activity and may not alter the 
basic design, location, scope, duration, or timing of 
the specified activity.’’. 
(3) In clause (iii), by striking ‘‘receiving an ap-
plication under this subparagraph’’ and inserting 
‘‘an application is accepted or required to be consid-
ered complete under subclause (I)(aa), (II)(aa), or 
(IV) of clause (viii), as applicable,’’. 
(4) In clause (vi), by striking ‘‘a determination 
of ‘least practicable adverse impact on such species or 
stock’ under clause (i)(I)’’ and inserting ‘‘conditions 
imposed under subclause (I), (II), or (III) of clause 
(ii)’’. 
(5) By adding at the end the following: 
‘‘(viii)(I) The Secretary shall— 
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‘‘(aa) accept as complete a written request 
for authorization under this subparagraph for 
incidental taking described in clause (i), by not 
later than 45 days after the date of submission 
of the request; or 
‘‘(bb) provide to the requester, by not later 
than 15 days after the date of submission of the 
request, a written notice describing any addi-
tional information required to complete the re-
quest. 
‘‘(II) If the Secretary provides notice under sub-
clause (I)(bb), the Secretary shall, by not later than 
30 days after the date of submission of the additional 
information described in the notice— 
‘‘(aa) accept the written request for author-
ization under this subparagraph for incidental 
taking described in clause (i); or 
‘‘(bb) deny the request and provide the re-
quester a written explanation of the reasons for 
the denial. 
‘‘(III) The Secretary may not under this sub-
paragraph make a second request for information, re-
quest that the requester withdraw and resubmit the 
request, or otherwise delay a decision on the request. 
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‘‘(IV) If the Secretary fails to respond to a re-
quest for authorization under this subparagraph in 
the manner provided in subclause (I) or (II), the re-
quest shall be considered to be complete. 
‘‘(ix)(I) At least 90 days before the date of the 
expiration of any authorization issued under this sub-
paragraph, the holder of such authorization may 
apply for a one-year extension of such authorization. 
The Secretary shall grant such extension within 14 
days after the date of such request on the same terms 
and without further review if there has been no sub-
stantial change in the activity carried out under such 
authorization nor in the status of the marine mam-
mal species or stock, as applicable, as reported in the 
final annual stock assessment reports for such species 
or stock. 
‘‘(II) In subclause (I) the term ‘substantial 
change’ means a change that prevents the Secretary 
from making the required findings to issue an author-
ization under clause (i) with respect to such species 
or stock. 
‘‘(III) The Secretary shall notify the applicant of 
such substantial changes with specificity and in writ-
ing within 14 days after the applicant’s submittal of 
the extension request. 
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‘‘(x) If the Secretary fails to make the required 
findings and, as appropriate, issue the authorization 
within 120 days after the application is accepted or 
required to be considered complete under subclause 
(I)(aa), (II)(aa), or (III) of clause (viii), as applica-
ble, the authorization is deemed to have been issued 
on the terms stated in the application and without 
further process or restrictions under this Act.’’. 
(b) REMOVING DUPLICATIONS.—Section 101(a)(5)(D) 
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371(a)(5)(D)), as amended by subsection (a), is further 
amended by adding at the end the following: 
‘‘(xi) Any taking of a marine mammal in com-
pliance with an authorization under this subpara-
graph is exempt from the prohibition on taking in 
section 9 of the Endangered Species Act of 1973 (16 
U.S.C. 1538). Any Federal agency authorizing, fund-
ing, or carrying out an action that results in such 
taking, and any agency action authorizing such tak-
ing, is exempt from the requirement to consult regard-
ing potential impacts to marine mammal species or 
designated critical habitat under section 7(a)(2) of 
such Act (16 U.S.C. 1536(a)(2)).’’. 
(c) TRANSFER OF CERTAIN RESPONSIBILITIES TO THE 
SECRETARY OF THE INTERIOR.—Section 3(12) of the Ma-
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rine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)) 
is amended— 
(1) in subparagraph (A), in the matter preceding 
clause (i), by striking ‘‘subparagraph (B)’’ and in-
serting ‘‘subparagraphs (B) and (C)’’; and 
(2) by adding at the end the following: 
‘‘(C) In sections 101(a)(3), 101(a)(5), 103, 
and 104 (16 U.S.C. 1371(a)(3), 1371(a)(5), 
1373, and 1374), for activities associated with 
operations authorized under the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331 et seq.), 
the term ‘Secretary’ means the Secretary of the 
Interior with respect to all marine mammals.’’. 
SEC. 111. EFFECT. 
Nothing in this Act, with respect to the State of Flor-
ida, shall be construed to modify— 
(1) the moratorium imposed by section 104 of 
the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note); or 
(2) the 2017–2022 leasing program prepared 
under section 18 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1344). 
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