the publishing of the proposed leasing program and during 
the comment period provided for on the draft environ-
mental impact statement, the Secretary shall submit a 
copy of the proposed program to the Governor of each af-
fected State for review and comment. The Governor may 
solicit comments from those executives of local govern-
ments in the Governor’s State that the Governor, in the 
discretion of the Governor, determines will be affected by 
the proposed program. If any comment by such Governor 
is received by the Secretary at least 15 days prior to sub-
mission to the Congress pursuant to paragraph (3) and 
includes a request for any modification of such proposed 
program, the Secretary shall reply in writing, granting or 
denying such request in whole or in part, or granting such 
request in such modified form as the Secretary considers 
appropriate, and stating the Secretary’s reasons therefor. 
All such correspondence between the Secretary and the 
Governor of any affected State, together with any addi-
tional information and data relating thereto, shall accom-
pany such proposed program when it is submitted to the 
Congress.’’; and 
(3) by adding at the end the following: 
‘‘(i) PROJECTION OF STATE ADJACENT ZONE RE-
SOURCES AND STATE AND LOCAL GOVERNMENT SHARES 
OF OCS RECEIPTS.—Concurrent with the publication of 
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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 
estimate of proven and potential oil and gas re-
sources located within the State’s Adjacent Zone; 
and 
‘‘(2) provide to each Adjacent State, and coast-
al political subdivisions thereof, a best-efforts projec-
tion of the OCS Receipts that the Secretary expects 
will be shared with each Adjacent State, and its 
coastal political subdivisions, using the assumption 
that the unleased tracts within the State’s Adjacent 
Zone are fully made available for leasing, including 
long-term projected OCS Receipts. In addition, the 
Secretary shall include a macroeconomic estimate of 
the impact of such leasing on the national economy 
and each State’s economy, including investment, 
jobs, revenues, personal income, and other cat-
egories.’’. 
SEC. 214. COORDINATION WITH ADJACENT STATES. 
Section 19 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1345) is amended— 
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(1) in subsection (a) in the first sentence by in-
serting ‘‘, for any tract located within the Adjacent 
State’s Adjacent Zone,’’ after ‘‘government’’; and 
(2) by adding the following: 
‘‘(f)(1) No Federal agency may permit or otherwise 
approve, without the concurrence of the Adjacent State, 
the construction of a crude oil or petroleum products (or 
both) pipeline within the part of the Adjacent State’s Ad-
jacent Zone that is withdrawn from oil and gas or natural 
gas leasing, except that such a pipeline may be approved, 
without such Adjacent State’s concurrence, to pass 
through such Adjacent Zone if at least 50 percent of the 
production projected to be carried by the pipeline within 
its first 10 years of operation is from areas of the Adja-
cent State’s Adjacent Zone. 
‘‘(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 proposes two alternate landing locations in the Adja-
cent State, acceptable to the Adjacent State, located with-
in 50 miles on either side of the proposed landing loca-
tion.’’. 
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SEC. 215. 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 
either an environmental assessment or an environ-
mental impact statement, and the Secretary shall 
not be required to analyze whether any exceptions to 
a categorical exclusion apply for activities conducted 
under the authority of this Act. 
‘‘(B) The environmental impact statement de-
veloped 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 
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statement, and the Secretary may find that explo-
ration plans are eligible for categorical exclusion due 
to the impacts already being considered within an 
environmental 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 
production plan environmental impact statement 
within the Area was finalized more than 10 years 
prior to the date of the approval of the plan, in 
which case an environmental impact statement shall 
be required.’’. 
SEC. 216. REVIEW OF OUTER CONTINENTAL SHELF DEVEL-
OPMENT AND PRODUCTION PLANS. 
Section 25 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1351(a)) is amended to read as follows: 
‘‘SEC. 25. REVIEW OF OUTER CONTINENTAL SHELF DEVEL-
OPMENT AND PRODUCTION PLANS. 
‘‘(a) DEVELOPMENT AND PRODUCTION PLANS; SUB-
MISSION TO SECRETARY; STATEMENT OF FACILITIES AND 
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OPERATION; SUBMISSION TO GOVERNORS OF AFFECTED 
STATES AND LOCAL GOVERNMENTS.— 
‘‘(1) Prior to development and production pur-
suant to an oil and gas lease issued on or after Sep-
tember 18, 1978, for any area of the outer Conti-
nental Shelf, or issued or maintained prior to Sep-
tember 18, 1978, for any area of the outer Conti-
nental Shelf, with respect to which no oil or gas has 
been discovered in paying quantities prior to Sep-
tember 18, 1978, the lessee shall submit a develop-
ment and production plan (hereinafter in this sec-
tion referred to as a ‘plan’) to the Secretary for re-
view. 
‘‘(2) A plan shall be accompanied by a state-
ment describing all facilities and operations, other 
than those on the outer Continental Shelf, proposed 
by the lessee and known by the lessee (whether or 
not owned or operated by such lessee) that will be 
constructed or utilized in the development and pro-
duction of oil or gas from the lease area, including 
the location and site of such facilities and oper-
ations, the land, labor, material, and energy require-
ments associated with such facilities and operations, 
and all environmental and safety safeguards to be 
implemented. 
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‘‘(3) Except for any privileged or proprietary 
information (as such term is defined in regulations 
issued by the Secretary), the Secretary, within 30 
days after receipt of a plan and statement, shall— 
‘‘(A) submit such plan and statement to 
the Governor of any affected State, and upon 
request to the executive of any affected local 
government; and 
‘‘(B) make such plan and statement avail-
able to any appropriate interstate regional enti-
ty and the public. 
‘‘(b) DEVELOPMENT AND PRODUCTION ACTIVITIES 
IN ACCORDANCE WITH PLAN AS LEASE REQUIREMENT.— 
After enactment of the State Enhanced Authority for 
Coastal and Ocean Resources Act of 2008, no oil and gas 
lease may be issued pursuant to this Act in any region 
of the outer Continental Shelf, unless such lease requires 
that development and production activities be carried out 
in accordance with a plan that complies with the require-
ments of this section. This section shall also apply to 
leases that do not have an approved development and pro-
duction plan as of the date of enactment of the State En-
hanced Authority for Coastal and Ocean Resources Act 
of 2008. 
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‘‘(c) SCOPE AND CONTENTS OF PLAN.—A plan may 
apply to more than one oil and gas lease, and shall set 
forth, in the degree of detail established by regulations 
issued by the Secretary— 
‘‘(1) the general work to be performed; 
‘‘(2) a description of all facilities and operations 
located on the outer Continental Shelf that are pro-
posed by the lessee or known by the lessee (whether 
or not owned or operated by such lessee) to be di-
rectly related to the proposed development, including 
the location and size of such facilities and oper-
ations, and the land, labor, material, and energy re-
quirements associated with such facilities and oper-
ations; 
‘‘(3) the environmental safeguards to be imple-
mented on the outer Continental Shelf and how such 
safeguards are to be implemented; 
‘‘(4) all safety standards to be met and how 
such standards are to be met; 
‘‘(5) an expected rate of development and pro-
duction and a time schedule for performance; and 
‘‘(6) such other relevant information as the Sec-
retary may by regulation require. 
‘‘(d) COMPLETENESS REVIEW OF THE PLAN.— 
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‘‘(1) Prior to commencing any activity under a 
development and production plan pursuant to any oil 
and gas lease issued or maintained under this Act, 
the lessee shall certify that the plan is consistent 
with the terms of the lease and that it is consistent 
with all statutory and regulatory requirements in ef-
fect on the date of issuance of the lease, and any 
regulations promulgated under this Act related to 
the conservation of resources after the date of lease 
issuance. The plan shall include all required infor-
mation and documentation required under sub-
section (c). 
‘‘(2) The Secretary shall review the plan for 
completeness within 30 days of submission. If the 
Secretary finds that the plan is not complete, the 
Secretary shall notify the lessee with a detailed ex-
planation of such modifications of such plan as are 
necessary to achieve completeness. The Secretary 
shall have 30 days to review a modified plan for 
completeness. 
‘‘(e) REVIEW FOR CONSISTENCY OF THE PLAN.— 
‘‘(1) After a determination that a plan is com-
plete, the Secretary shall have 120 days to conduct 
a review of the plan, to ensure that it is consistent 
with the terms of the lease, and that it is consistent 
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with all such statutory and regulatory requirements 
applicable to the lease. The review shall ensure that 
the plan is consistent with lease terms, and statutory 
and regulatory requirements applicable to the lease, 
related to national security or national defense, in-
cluding any military operating stipulations or other 
restrictions. The Secretary shall seek the assistance 
of the Department of Defense in the conduct of the 
review of any plan prepared under this section for 
a lease containing military operating stipulations or 
other restrictions and shall accept the assistance of 
the Department of Defense in the conduct of the re-
view of any plan prepared under this section for any 
other lease when the Secretary of Defense requests 
an opportunity to participate in the review. If the 
Secretary finds that the plan is not consistent, the 
Secretary shall notify the lessee with a detailed ex-
planation of such modifications of such plan as are 
necessary to achieve consistency. 
‘‘(2) The Secretary shall have 120 days to re-
view a modified plan. 
‘‘(3) The lessee shall not conduct any activities 
under the plan during any 120-day review period, or 
thereafter until the plan has been modified to 
achieve compliance as so notified. 
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‘‘(4) After review by the Secretary provided for 
by this section, a lessee may operate pursuant to the 
plan without further review or approval by the Sec-
retary. 
‘‘(f) REVIEW
OF REVISION
OF
THE APPROVED 
PLAN.—The lessee may submit to the Secretary any revi-
sion of a plan if the lessee determines that such revision 
will lead to greater recovery of oil and natural gas, im-
prove the efficiency, safety, and environmental protection 
of the recovery operation, is the only means available to 
avoid substantial economic hardship to the lessee, or is 
otherwise not inconsistent with the provisions of this Act, 
to the extent such revision is consistent with protection 
of the human, marine, and coastal environments. The 
process to be used for the review of any such revision shall 
be the same as that set forth in subsections (d) and (e). 
‘‘(g) CANCELLATION
OF LEASE
ON FAILURE TO 
SUBMIT PLAN OR COMPLY WITH A PLAN.—Whenever the 
owner of any lease fails to submit a plan in accordance 
with regulations issued under this section, or fails to com-
ply with a plan, the lease may be canceled in accordance 
with section 5(c) and (d). Cancellation of a lease because 
of failure to comply with a plan, including required modi-
fications or revisions, shall not entitle a lessee to any com-
pensation. 
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‘‘(h) PRODUCTION AND TRANSPORTATION OF NAT-
URAL GAS; SUBMISSION OF PLAN TO FEDERAL ENERGY 
REGULATORY COMMISSION; IMPACT STATEMENT.—If any 
development and production plan submitted to the Sec-
retary pursuant to this section provides for the production 
and transportation of natural gas, the lessee shall contem-
poraneously submit to the Federal Energy Regulatory 
Commission that portion of such plan that relates to the 
facilities for transportation of natural gas. The Secretary 
and the Federal Energy Regulatory Commission shall 
agree as to which of them shall prepare an environmental 
impact statement pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable 
to such portion of such plan, or conduct studies as to the 
effect on the environment of implementing it. Thereafter, 
the findings and recommendations by the agency pre-
paring such environmental impact statement or con-
ducting such studies pursuant to such agreement shall be 
adopted by the other agency, and such other agency shall 
not independently prepare another environmental impact 
statement or duplicate such studies with respect to such 
portion of such plan, but the Federal Energy Regulatory 
Commission, in connection with its review of an applica-
tion for a certificate of public convenience and necessity 
applicable to such transportation facilities pursuant to sec-
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tion 7 of the Natural Gas Act (15 U.S.C. 717f), may pre-
pare such environmental studies or statement relevant to 
certification of such transportation facilities as have not 
been covered by an environmental impact statement or 
studies prepared by the Secretary. The Secretary, in con-
sultation with the Federal Energy Regulatory Commis-
sion, shall promulgate rules to implement this subsection, 
but the Federal Energy Regulatory Commission shall re-
tain sole authority with respect to rules and procedures 
applicable to the filing of any application with the Com-
mission and to all aspects of the Commission’s review of, 
and action on, any such application.’’. 
SEC. 217. FEDERAL ENERGY NATURAL RESOURCES EN-
HANCEMENT FUND ACT OF 2008. 
(a) FINDINGS.—The Congress finds the following: 
(1) Energy and minerals exploration, develop-
ment, and production on Federal onshore and off-
shore lands, including bio-based fuel, natural gas, 
minerals, oil, geothermal, and power from wind, 
waves, currents, and thermal energy, involves signifi-
cant outlays of funds by Federal and State wildlife, 
fish, and natural resource management agencies for 
environmental studies, planning, development, moni-
toring, and management of wildlife, fish, air, water, 
and other natural resources. 
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(2) State wildlife, fish, and natural resource 
management agencies are funded primarily through 
permit and license fees paid to the States by the 
general public to hunt and fish, and through Federal 
excise taxes on equipment used for these activities. 
(3) Funds generated from consumptive and rec-
reational uses of wildlife, fish, and other natural re-
sources currently are inadequate to address the nat-
ural resources related to energy and minerals devel-
opment on Federal onshore and offshore lands. 
(4) Funds available to Federal agencies respon-
sible for managing Federal onshore and offshore 
lands and Federal-trust wildlife and fish species and 
their habitats are inadequate to address the natural 
resources related to energy and minerals develop-
ment on Federal onshore and offshore lands. 
(5) Receipts derived from sales, bonus bids, and 
royalties under the mineral leasing laws of the 
United States are paid to the Treasury through the 
Minerals Management Service of the Department of 
the Interior. 
(6) None of the receipts derived from sales, 
bonus bids, and royalties under the minerals leasing 
laws of the United States are paid to the Federal or 
State agencies to examine, monitor, and manage 
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wildlife, fish, air, water, and other natural resources 
related to natural gas, oil, and mineral exploration 
and development. 
(b) PURPOSES.—It is the purpose of this section to— 
(1) establish a fund for the monitoring and 
management of wildlife and fish, and their habitats, 
and air, water, and other natural resources related 
to energy and minerals development on Federal on-
shore and offshore lands; 
(2) make available receipts derived from sales, 
bonus bids, royalties, net profit shares, and fees 
from onshore and offshore gas, mineral, oil, and any 
additional form of energy and minerals development 
under the laws of the United States for the purposes 
of such fund; 
(3) distribute funds from such fund each fiscal 
year to the Secretary of the Interior, the Secretary 
of Agriculture, and the States; and 
(4) use the distributed funds to secure the nec-
essary trained workforce or contractual services to 
conduct environmental studies, planning, develop-
ment, monitoring, and postdevelopment management 
of wildlife and fish and their habitats and air, water, 
and other natural resources that may be related to 
bio-based fuel, gas, mineral, oil, wind, or other en-
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ergy exploration, development, transportation, trans-
mission, and associated activities on Federal onshore 
and offshore lands, including, but not limited to— 
(A) pertinent research, surveys, and envi-
ronmental analyses conducted to identify any 
impacts on wildlife, fish, air, water, and other 
natural resources from energy and mineral ex-
ploration, development, production, and trans-
portation or transmission; 
(B) projects to maintain, improve, or en-
hance wildlife and fish populations and their 
habitats or air, water, or other natural re-
sources, including activities under the Endan-
gered Species Act of 1973; 
(C) research, surveys, environmental anal-
yses, and projects that assist in managing, in-
cluding mitigating either onsite or offsite, or 
both, the impacts of energy and mineral activi-
ties on wildlife, fish, air, water, and other nat-
ural resources; and 
(D) projects to teach young people to live 
off the land. 
(c) DEFINITIONS.—In this section: 
(1) ENHANCEMENT
FUND.—The term ‘‘En-
hancement Fund’’ means the Federal Energy Nat-
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ural Resources Enhancement Fund established by 
this subsection (d). 
(2) STATE.—The term ‘‘State’’ means the Gov-
ernor of a State, commonwealth, or territory of the 
United States. 
(d) ESTABLISHMENT AND USE OF FEDERAL ENERGY 
NATURAL RESOURCES ENHANCEMENT FUND.— 
(1) ENHANCEMENT
FUND.—There is estab-
lished in the Treasury a separate account to be 
known as the ‘‘Federal Energy Natural Resources 
Enhancement Fund’’. 
(2) FUNDING.—The Secretary of the Treasury 
shall deposit in the Enhancement Fund— 
(A) such sums as are provided by sections 
9(b)(5)(A)(iii) and 9(b)(5)(B)(iii), of the Outer 
Continental Shelf Lands Act, as amended by 
this Act; 
(B)(i) during the period of October 1, 
2008, through September 30, 2018, one percent 
of all sums paid into the Treasury under sec-
tion 35 of the Mineral Leasing Act (30 U.S.C. 
191); and 
(ii) beginning October 1, 2018, and there-
after, 2.5 percent of all sums paid into the 
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Treasury under section 35 of the Mineral Leas-
ing Act (30 U.S.C. 191); 
(C)(i) during the period of October 1, 
2008, through September 30, 2018, one percent 
of all sums paid into the Treasury from receipts 
derived from bonus bids, royalties, rentals, and 
other receipts from other mineral and energy 
leasing, rights, easements, and other permis-
sions to operate on public lands; and 
(ii) beginning October 1, 2018, and there-
after, 2.5 percent of all sums paid into the 
Treasury from receipts derived from bonus bids, 
royalties, rentals, and other receipts from other 
mineral and energy leasing, rights, easements, 
and other permissions to operate on public 
lands; 
(D) donations to the Fund; and 
(E) such sums as are provided by sub-
section (u) of section 8 of the Outer Conti-
nental Shelf Lands Act and section 235 of the 
State Enhanced Authority for Coastal and 
Ocean Resources Act of 2008. 
(3) DONATIONS.—The Secretary of the Interior 
may solicit and accept donations of funds for deposit 
into the Enhancement Fund. Donors may designate 
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the activities under this section that will be funded 
by their donation, and the allocation of funds to 
each. 
(4) INVESTMENTS.—The Secretary of the 
Treasury shall invest the amounts deposited under 
paragraph (2), and all accrued interest on the 
amounts deposited under paragraph (2), only in in-
terest bearing obligations of the United States or in 
obligations guaranteed as to both principal and in-
terest by the United States. 
(5) PAYMENT TO THE SECRETARY OF THE IN-
TERIOR.— 
(A) IN GENERAL.—Beginning with fiscal 
year 2009, and in each fiscal year thereafter, 
one-third of amounts deposited into the En-
hancement Fund during the previous fiscal 
year, together with the interest thereon, shall be 
available, without further appropriation and 
without fiscal year limitation, to the Secretary 
of the Interior for allocation to the Department 
of the Interior and the Department of Agri-
culture, under an equitable allocation that the 
Secretary of the Interior shall devise, for use 
for the purposes described in subsection (b)(4). 
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(B) WITHDRAWALS
AND
TRANSFER
OF 
FUNDS.—The Secretary of the Treasury shall 
withdraw such amounts from the Enhancement 
Fund as the Secretary of the Interior may re-
quest, subject to the limitation in subparagraph 
(A), and transfer such amounts to the Sec-
retary of the Interior to be used, at the discre-
tion of the Secretary of the Interior, by the 
Minerals Management Service, the Bureau of 
Land Management, the National Park Service, 
and the United States Fish and Wildlife Serv-
ice, and to the Secretary of Agriculture to be 
used by the Forest Service, for the purposes de-
scribed in subsection (b)(4). Each fiscal year 
the Secretary of the Interior shall request with-
drawal of one-third of the amounts deposited 
into the Enhancement Fund during the pre-
vious fiscal year, together with the interest 
thereon. 
(6) PAYMENT TO STATES.— 
(A) IN GENERAL.—Beginning with fiscal 
year 2009, and in each fiscal year thereafter, 
two-thirds of amounts deposited into the En-
hancement Fund, together with interest there-
on, shall be available, without fiscal year limita-
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tions, to the States for use for the purposes de-
scribed in (b)(4). 
(B) WITHDRAWALS
AND
TRANSFER
OF 
FUNDS.—Within the first 90 days of each fiscal 
year, the Secretary of the Treasury shall with-
draw the amounts identified in subparagraph 
(A) from the Enhancement Fund and transfer 
such amounts to the States based on the pro-
portion of all receipts that were collected the 
previous year into the Fund from Federal 
leases and other rights, easements, and permis-
sions within the boundaries of each State and 
each State’s outer Continental Shelf Adjacent 
Zone as determined in accordance with section 
4(a) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1333(a)), as amended by this Act. 
(C) USE OF PAYMENTS BY STATE.—Each 
State shall use the payments made under sub-
paragraph (B) only for carrying out projects 
and programs for the purposes described in 
subsection (b)(4). 
(D) ENCOURAGE USE OF PRIVATE FUNDS 
BY STATE.—Each State shall use the payments 
made under subparagraph (B) to leverage pri-
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vate funds for carrying out projects for the pur-
poses described in subsection (b)(4). 
(e) LIMITATION ON USE.—Amounts made available 
under this section may not be used for the purchase of 
any interest in land. 
(f) REPORTS TO CONGRESS.— 
(1) IN
GENERAL.—Beginning in fiscal year 
2010 and continuing for each fiscal year thereafter, 
the Secretary of the Interior, the Secretary of Agri-
culture, and each State receiving funds from the En-
hancement Fund shall submit a report to the Com-
mittee on Energy and Natural Resources of the Sen-
ate and the Committee on Natural Resources of the 
House of Representatives. 
(2) REQUIRED
INFORMATION.—Reports sub-
mitted to the Congress by the Secretary of the Inte-
rior, the Secretary of Agriculture, and States under 
this subsection shall include the following informa-
tion regarding expenditures during the previous fis-
cal year: 
(A) A summary of pertinent scientific re-
search and surveys conducted to identify im-
pacts on wildlife, fish, and other natural re-
sources from energy and mineral developments. 
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(B) A summary of projects planned and 
completed to maintain, improve, or enhance 
wildlife and fish populations and their habitats 
or other natural resources. 
(C) A list of additional actions that assist, 
or would assist, in managing, including miti-
gating either onsite or offsite, or both, the im-
pacts of energy and mineral development on 
wildlife, fish, and other natural resources. 
(D) A summary of private (non-Federal) 
funds used to plan, conduct, and complete the 
plans and programs identified in paragraphs 
(2)(A) and (2)(B). 
(g) SHORT TITLE.—This section may be cited as the 
‘‘Federal Energy Natural Resources Enhancement Fund 
Act of 2008’’. 
SEC. 218. TERMINATION OF EFFECT OF LAWS PROHIBITING 
THE SPENDING OF APPROPRIATED FUNDS 
FOR CERTAIN PURPOSES. 
(a) OUTER CONTINENTAL SHELF.—All provisions of 
existing Federal law prohibiting the spending of appro-
priated funds to conduct oil and natural gas leasing and 
preleasing activities, or to issue a lease to any person, for 
any area of the outer Continental Shelf shall have no force 
or effect. 
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(b) OIL SHALE AND TAR SANDS.—Section 433 of di-
vision F of the Consolidated Appropriations Act, 2008 
(121 Stat. 2152), and all other provisions of existing Fed-
eral law prohibiting the spending of appropriated funds 
to issue final commercial leasing regulations or to perform 
any other function related to section 369 of the Energy 
Policy Act of 2005 (42 U.S.C. 15927) shall have no force 
or effect. 
SEC. 219. OUTER CONTINENTAL SHELF INCOMPATIBLE 
USE. 
(a) IN GENERAL.—No Federal agency may permit 
construction or operation (or both) of any facility, or des-
ignate or maintain a restricted transportation corridor or 
operating area on the Federal outer Continental Shelf or 
in State waters, that will be incompatible with, as deter-
mined by the Secretary of the Interior, oil and gas or nat-
ural gas leasing and substantially full exploration and pro-
duction of tracts that are geologically prospective for oil 
or natural gas (or both). 
(b) EXCEPTIONS.—Subsection (a) shall not apply to 
any facility, transportation corridor, or operating area the 
construction, operation, designation, or maintenance of 
which is or will be— 
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(1) located in an area of the outer Continental 
Shelf that is unavailable for oil and gas or natural 
gas leasing by operation of Federal law; 
(2) used for a military readiness activity (as de-
fined in section 315(f) of Public Law 107–314 (16 
U.S.C. 703 note)); or 
(3) required in the national interest, as deter-
mined by the President. 
SEC. 220. REPURCHASE OF CERTAIN LEASES. 
(a) AUTHORITY TO REPURCHASE AND CANCEL CER-
TAIN LEASES.—The Secretary of the Interior shall repur-
chase and cancel any Federal oil and gas, geothermal, 
coal, oil shale, tar sands, or other mineral lease, whether 
onshore or offshore, but not including any outer Conti-
nental Shelf oil and gas leases that were subject to litiga-
tion in the Court of Federal Claims on January 1, 2008, 
if the Secretary finds that such lease qualifies for repur-
chase and cancellation under the regulations authorized 
by this section. 
(b) REGULATIONS.—Not later than 365 days after 
the date of the enactment of this Act, the Secretary shall 
publish a final regulation stating the conditions under 
which a lease referred to in subsection (a) would qualify 
for repurchase and cancellation, and the process to be fol-
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lowed regarding repurchase and cancellation. Such regula-
tion shall include, but not be limited to, the following: 
(1) The Secretary shall repurchase and cancel 
a lease after written request by the lessee upon a 
finding by the Secretary that— 
(A) a request by the lessee for a required 
permit or other approval complied with applica-
ble law, except the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.), and 
terms of the lease, and such permit or other ap-
proval was denied; 
(B) a Federal agency failed to act on a re-
quest by the lessee for a required permit, other 
approval, or administrative appeal within a reg-
ulatory or statutory timeframe associated with 
the requested action, whether advisory or man-
datory, or if none, within 180 days; or 
(C) a Federal agency attached a condition 
of approval, without agreement by the lessee, to 
a required permit or other approval if such con-
dition of approval was not mandated by Federal 
statute or regulation in effect on the date of 
lease issuance, or was not specifically allowed 
under the terms of the lease. 
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(2) A lessee shall not be required to exhaust ad-
ministrative remedies regarding a permit request, 
administrative appeal, or other required request for 
approval for the purposes of this section. 
(3) The Secretary shall make a final agency de-
cision on a request by a lessee under this section 
within 180 days of the request. 
(4) Compensation to a lessee to repurchase and 
cancel a lease under this section shall be the amount 
that a lessee would receive in a restitution case for 
a material breach of contract. 
(5) Compensation shall be in the form of a 
check or electronic transfer from the Department of 
the Treasury from funds deposited into miscella-
neous receipts under the authority of the same Act 
that authorized the issuance of the lease being re-
purchased. 
(6) Failure of the Secretary to make a final 
agency decision on a request by a lessee under this 
section within 180 days of the request shall result in 
a 10 percent increase in the compensation due to the 
lessee if the lease is ultimately repurchased. 
(c) NO PREJUDICE.—This section shall not be inter-
preted to prejudice any other rights that the lessee would 
have in the absence of this section. 
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SEC. 221. OFFSITE ENVIRONMENTAL MITIGATION. 
Notwithstanding any other provision of law, any per-
son conducting activities under the Mineral Leasing Act 
(30 U.S.C. 181 et seq.), the Geothermal Steam Act (30 
U.S.C. 1001 et seq.), the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.), the Weeks Act (16 
U.S.C. 552 et seq.), the General Mining Act of 1872 (30 
U.S.C. 22 et seq.), the Materials Act of 1947 (30 U.S.C. 
601 et seq.), or the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.), may in satisfying any mitigation 
requirements associated with such activities propose miti-
gation measures on a site away from the area impacted 
and the Secretary of the Interior shall accept these pro-
posed measures if the Secretary finds that they generally 
achieve the purposes for which mitigation measures apper-
tained. 
SEC. 
222. 
REGULATION 
OF 
ONSHORE 
SURFACE-DIS-
TURBING ACTIVITIES. 
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 
226(g)) is amended to read as follows: 
‘‘(g) REGULATION OF SURFACE-DISTURBING ACTIVI-
TIES.— 
‘‘(1) REGULATION
OF
SURFACE-DISTURBING 
ACTIVITIES.—The Secretary of the Interior, or for 
National Forest lands, the Secretary of Agriculture, 
shall regulate all surface-disturbing activities con-
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100 
ducted pursuant to any lease issued under this Act, 
and shall determine reclamation and other actions as 
required in the interest of conservation of surface re-
sources. 
‘‘(2) SUBMISSION OF EXPLORATION PLAN; COM-
PLETION REVIEW; COMPLIANCE REVIEW.— 
‘‘(A) Prior to beginning oil and gas explo-
ration activities, a lessee shall submit an explo-
ration plan to the appropriate Secretary under 
paragraph (1) for review. 
‘‘(B) The Secretary shall review the plan 
for completeness within 10 days of submission. 
‘‘(C) In the event the exploration plan is 
determined to be incomplete, the Secretary shall 
notify the lessee in writing and specify the 
items or information needed to complete the ex-
ploration plan. 
‘‘(D) The Secretary shall have 10 days to 
review any modified exploration plan submitted 
by the lessee. 
‘‘(E) To be deemed complete, an explo-
ration plan shall include, in the degree of detail 
to be determined by the Secretary by rule or 
regulation— 
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101 
‘‘(i) a drilling plan containing a de-
scription of the drilling program; 
‘‘(ii) the surface and projected com-
pletion zone location; 
‘‘(iii) pertinent geologic data; 
‘‘(iv) expected hazards, and proposed 
mitigation measures to address such haz-
ards; 
‘‘(v) a schedule of anticipated explo-
ration activities to be undertaken; 
‘‘(vi) a description of equipment to be 
used for such activities; 
‘‘(vii) a certification from the lessee 
stating that the exploration plan complies 
with all lease, regulatory, and statutory re-
quirements in effect on the date of the 
issuance of the lease and any regulations 
promulgated after the date of lease 
issuance related to the conservation of re-
sources; 
‘‘(viii) evidence that the lessee has se-
cured an adequate bond, surety, or other 
financial arrangement prior to commence-
ment of any surface disturbing activity; 
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103 
‘‘(3) PLAN
REVISIONS; CONDUCT
OF
EXPLO-
RATION ACTIVITIES.— 
‘‘(A) If a significant revision of an explo-
ration plan under this subsection is submitted 
to the Secretary, the process to be used for the 
review of such revision shall be the same as set 
forth in paragraph (1) of this subsection. 
‘‘(B) All exploration activities pursuant to 
any lease shall be conducted in accordance with 
an exploration plan that has been submitted to 
and reviewed by the Secretary or a revision of 
such plan. 
‘‘(4) SUBMISSION OF DEVELOPMENT AND PRO-
DUCTION
PLAN; COMPLETENESS
REVIEW; COMPLI-
ANCE REVIEW.— 
‘‘(A) Prior to beginning oil and gas devel-
opment and production activities, a lessee shall 
submit a development and exploration plan to 
the appropriate Secretary under paragraph (1). 
Upon submission, such plans shall be subject to 
a review for completeness. 
‘‘(B) The Secretary shall review the plan 
for completeness within 30 days of submission. 
‘‘(C) In the event a development and pro-
duction plan is determined to be incomplete, the 
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104 
Secretary shall notify the lessee in writing and 
specify the items or information needed to com-
plete the plan. 
‘‘(D) The Secretary shall have 30 days to 
review for completeness any modified develop-
ment and production plan submitted by the les-
see. 
‘‘(E) To be deemed complete, a develop-
ment and production plan shall include, in the 
degree of detail to be determined by the Sec-
retary by rule or regulation— 
‘‘(i) a drilling plan containing a de-
scription of the drilling program; 
‘‘(ii) the surface and projected com-
pletion zone location; 
‘‘(iii) pertinent geologic data; 
‘‘(iv) expected hazards, and proposed 
mitigation measures to address such haz-
ards; 
‘‘(v) a statement describing all facili-
ties and operations proposed by the lessee 
and known by the lessee (whether or not 
owned or operated by such lessee) that 
shall be constructed or utilized in the de-
velopment and production of oil or gas 
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105 
from the leases areas, including the loca-
tion and site of such facilities and oper-
ations, the land, labor, material, and en-
ergy requirements associated with such fa-
cilities and operations; 
‘‘(vi) the general work to be per-
formed; 
‘‘(vii) the environmental safeguards to 
be implemented in connection with the de-
velopment and production and how such 
safeguards are to be implemented; 
‘‘(viii) all safety standards to be met 
and how such standards are to be met; 
‘‘(ix) an expected rate of development 
and production and a time schedule for 
performance; 
‘‘(x) a certification from the lessee 
stating that the development and produc-
tion plan complies with all lease, regu-
latory, and statutory requirements in effect 
on the date of issuance of the lease, and 
any regulations promulgated after the date 
of lease issuance related to the conserva-
tion of resources; 
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106 
‘‘(xi) evidence that the lessee has se-
cured an adequate bond, surety, or other 
financial arrangement prior to commence-
ment of any surface disturbing activity; 
‘‘(xii) a plan that details the complete 
and timely reclamation of the lease tract; 
and 
‘‘(xiii) such other relevant information 
as the Secretary may by regulation require. 
‘‘(F) Upon a determination that the devel-
opment and production plan is complete, the 
Secretary shall have 120 days from the date the 
plan is deemed complete to conduct a review of 
the plan. 
‘‘(G) If the Secretary finds the develop-
ment and production plan is not consistent with 
all statutory and regulatory requirements de-
scribed in subparagraph (E)(x), the Secretary 
shall notify the lessee with a detailed expla-
nation of such modifications of the development 
and production plan as are necessary to achieve 
compliance. 
‘‘(H) The lessee shall not take any action 
under the development and production plan 
within a 120-day review period, or thereafter 
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107 
until the plan has been modified to achieve 
compliance as so notified. 
‘‘(5) PLAN REVISIONS; CONDUCT OF DEVELOP-
MENT AND PRODUCTION ACTIVITIES.— 
‘‘(A) If a significant revision of a develop-
ment and production plan under this subsection 
is submitted to the Secretary, the process to be 
used for the review of such revision shall be the 
same as set forth in paragraph (4) of this sub-
section. 
‘‘(B) All development and production ac-
tivities pursuant to any lease shall be conducted 
in accordance with a development and produc-
tion plan that has been submitted to and re-
viewed by the Secretary or a revision of such 
plan. 
‘‘(6) CANCELLATION OF LEASE ON FAILURE TO 
SUBMIT PLAN OR COMPLY WITH APPROVED PLAN.— 
Whenever the owner of any lease fails to submit a 
plan in accordance with regulations issued under 
this section, or fails to comply with a plan, the lease 
may be canceled in accordance with section 31. Can-
cellation of a lease under this paragraph because of 
failure to comply with a plan, including required 
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108 
modifications or revisions, shall not entitle a lessee 
to any compensation.’’. 
SEC. 223. RENAMING OF MINERALS MANAGEMENT SERV-
ICE. 
The bureau known as the ‘‘Minerals Management 
Service’’ in the Department of the Interior shall be known 
as the ‘‘National Ocean Resources and Royalty Service’’. 
SEC. 224. AUTHORITY TO USE DECOMMISSIONED OFF-
SHORE 
OIL 
AND 
GAS 
PLATFORMS 
AND 
OTHER FACILITIES FOR ARTIFICIAL REEF, 
SCIENTIFIC RESEARCH, OR OTHER USES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Rigs to Reefs Act of 2008’’. 
(b) IN GENERAL.—The Outer Continental Shelf 
Lands Act (43 U.S.C. 1301 et seq.) is amended by insert-
ing after section 9 the following: 
‘‘SEC. 10. USE OF DECOMMISSIONED OFFSHORE OIL AND 
GAS PLATFORMS AND OTHER FACILITIES 
FOR 
ARTIFICIAL 
REEF, 
SCIENTIFIC 
RE-
SEARCH, OR OTHER USES. 
‘‘(a) IN GENERAL.—The Secretary shall issue regula-
tions under which the Secretary may authorize use of an 
offshore oil and gas platform or other facility that is de-
commissioned from service for oil and gas purposes for 
an artificial reef, scientific research, or any other use au-
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109 
thorized under section 8(p) or any other applicable Fed-
eral law. 
‘‘(b) TRANSFER
REQUIREMENTS.—The Secretary 
shall not allow the transfer under this section of a decom-
missioned offshore oil and gas platform or other facility 
to another person unless the Secretary is satisfied that 
the transferee is sufficiently bonded, endowed, or other-
wise financially able to fulfill its obligations, including but 
not limited to— 
‘‘(1) ongoing maintenance of the platform or 
other facility; 
‘‘(2) any liability obligations that might arise; 
‘‘(3) removal of the platform or other facility if 
determined necessary by the Secretary; and 
‘‘(4) any other requirements and obligations 
that the Secretary may deem appropriate by regula-
tion. 
‘‘(c) PLUGGING
AND
ABANDONMENT.—The Sec-
retary shall ensure that plugging and abandonment of 
wells of a decommissioned offshore oil and gas platform 
is accomplished at an appropriate time. 
‘‘(d) POTENTIAL TO PETITION TO OPT-OUT OF REG-
ULATIONS.—An Adjacent State acting through a resolu-
tion of its legislature, with concurrence of its Governor, 
may preliminarily petition to opt-out of the application of 
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110 
regulations promulgated under this section to platforms 
and other facilities located in the area of its Adjacent Zone 
within 12 miles of the coastline. Upon receipt of the pre-
liminary petition, the Secretary shall complete an environ-
mental assessment that documents the anticipated envi-
ronmental effects of approving the petition. The Secretary 
shall provide the environmental assessment to the State, 
which then has the choice of no action or confirming its 
petition by further action of its legislature, with the con-
currence of its Governor. The Secretary may except such 
area from the application of such regulations, and shall 
approve any confirmed petition. 
‘‘(e) LIMITATION ON LIABILITY.—A person that had 
used an offshore oil and gas platform or other facility for 
oil and gas purposes and that no longer has any ownership 
or control of the platform or other facility shall not be 
liable under Federal law for any costs or damages arising 
from such platform or other facility after the date the plat-
form or other facility is used for any purpose under sub-
section (a), unless such costs or damages arise from— 
‘‘(1) use of the platform or other facility by the 
person for development or production of oil or gas; 
or 
‘‘(2) another act or omission of the person. 
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111 
‘‘(f) OTHER LEASING AND USE NOT AFFECTED.— 
This section, and the use of any offshore oil and gas plat-
form or other facility for any purpose under subsection 
(a), shall not affect— 
‘‘(1) the authority of the Secretary to lease any 
area under this Act; or 
‘‘(2) any activity otherwise authorized under 
this Act.’’. 
(c) DEADLINE FOR REGULATIONS.—The Secretary of 
the Interior shall issue regulations under subsection (b) 
by not later than 180 days after the date of the enactment 
of this Act. 
(d) STUDY AND REPORT ON EFFECTS OF REMOVAL 
OF PLATFORMS.—Not later than one year after the date 
of enactment of this Act, the Secretary of the Interior, 
in consultation with other Federal agencies as the Sec-
retary deems advisable, shall study and report to the Con-
gress regarding how the removal of offshore oil and gas 
platforms and other facilities from the outer Continental 
Shelf would affect existing fish stocks and coral popu-
lations. 
SEC. 225. MINING AND PETROLEUM SCHOOLS. 
(a) ENERGY
AND MINERAL SCHOOLS REINVEST-
MENT ACT FUND.— 
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112 
(1) ENERGY AND MINERAL SCHOOLS REINVEST-
MENT
ACT
FUND.—There is established in the 
Treasury a separate account to be known as the 
‘‘Energy and Mineral Schools Reinvestment Act 
Fund’’ (in this section referred to as the ‘‘EMSRA 
Fund’’). 
(2) FUNDING.—The Secretary of the Treasury 
shall deposit in the EMSRA Fund— 
(A) such sums as are provided by sections 
9(b)(5)(A)(iv) and 9(b)(5)(B)(iv) of the Outer 
Continental Shelf Lands Act, as amended by 
this Act; 
(B)(i) during the period of October 1, 
2008, through September 30, 2018, one percent 
of all sums paid into the Treasury under sec-
tion 35 of the Mineral Leasing Act (30 U.S.C. 
191); and 
(ii) beginning October 1, 2018, and there-
after, 2.5 percent of all sums paid into the 
Treasury under section 35 of the Mineral Leas-
ing Act (30 U.S.C. 191); 
(C)(i) during the period of October 1, 
2008, through September 30, 2018, one percent 
of all sums paid into the Treasury from receipts 
derived from bonus bids, royalties, rentals, and 
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113 
other receipts from other mineral and energy 
leasing, rights, easements, and other permis-
sions to operate on public lands; and 
(ii) beginning October 1, 2018, and there-
after, 2.5 percent of all sums paid into the 
Treasury from receipts derived from bonus bids, 
royalties, rentals, and other receipts from other 
mineral and energy leasing, rights, easements, 
and other permissions to operate on public 
lands; 
(D) donations received under paragraph 
(4); 
(E) amounts referred to in section 2325 of 
the Revised Statutes; and 
(F) such sums as are provided by sub-
section (u) of section 8 of the Outer Conti-
nental Shelf Lands Act and section 235 of the 
State Enhanced Authority for Coastal and 
Ocean Resources Act of 2008. 
(3) INVESTMENTS.—The Secretary of the 
Treasury shall invest the amounts deposited under 
paragraph (2), and all accrued interest on the 
amounts deposited under paragraph (2), only in in-
terest bearing obligations of the United States or in 
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114 
obligations guaranteed as to both principal and in-
terest by the United States. 
(4) DONATIONS.—The Secretary of the Interior 
may solicit and accept donations of funds for deposit 
into the EMSRA Fund. Donors may designate which 
activities under this section that will be funded by 
their donation, and the allocation of funds to each. 
(5) PAYMENT TO THE SECRETARY OF THE IN-
TERIOR.— 
(A) IN GENERAL.—Beginning with fiscal 
year 2009, and in each fiscal year thereafter, 
the amounts deposited into the EMSRA Fund, 
shall be available, without further appropriation 
and without fiscal year limitations, to the Sec-
retary of the Interior for use to carry out the 
Energy and Minerals Schools Reinvestment Act, 
as amended by subsection (b). 
(B) WITHDRAWALS
AND
TRANSFER
OF 
FUNDS.—The Secretary of the Treasury shall 
withdraw such amounts from the EMSRA 
Fund as were deposited in the previous fiscal 
year, together with interest thereon, and trans-
fer such amounts to the Secretary of the Inte-
rior to be used, at the discretion of the Sec-
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115 
retary of the Interior to carry out the Energy 
and Mineral Schools Reinvestment Act. 
(b) MAINTENANCE AND RESTORATION OF EXISTING 
AND HISTORIC PETROLEUM AND MINING ENGINEERING 
PROGRAMS.—Public Law 98–409 (30 U.S.C. 1221 et 
seq.) is amended to read as follows: 
‘‘SECTION 1. SHORT TITLE. 
‘‘This Act may be cited as the ‘Energy and Mineral 
Schools Reinvestment Act’. 
‘‘SEC. 2. TABLE OF CONTENTS. 
‘‘The table of contents for this Act is as follows: 
‘‘Sec. 1. Short title. 
‘‘Sec. 2. Table of contents. 
‘‘Sec. 3. Policies. 
‘‘Sec. 4. Energy engineering. 
‘‘Sec. 5. Mining engineering. 
‘‘Sec. 6. Applied geology and applied geophysics schools. 
‘‘Sec. 7. Physical science, engineering and technology scholarship program. 
‘‘Sec. 8. Career technical education. 
‘‘Sec. 9. Administration. 
‘‘Sec. 10. Applications for funding and duties of receiving schools and individ-
uals. 
‘‘Sec. 11. Advisory Committee. 
‘‘Sec. 12. Program scholarships & fellowships. 
‘‘Sec. 13. Annual funding. 
‘‘Sec. 14. Studies. 
‘‘SEC. 3. POLICIES. 
‘‘It is the policy of the United States to— 
‘‘(1) maintain the human capital needed to pre-
serve and foster the economic, energy, and mineral 
resources security of the United States. The chem-
ical, petroleum and mining engineering programs 
and the applied geology and geophysics programs at 
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116 
schools, universities, and institutions that produce 
the human capital are national assets and will be as-
sisted with Federal funds to ensure their continued 
good health and existence; 
‘‘(2) develop the Nation’s energy and mineral 
resources in a fashion that fosters community-based 
economic and environmental sustainability, sound 
environmental protection, productive secondary use 
of the involved lands, and ensures effective, efficient 
and economically-sound reclamation that supports 
sustainable communities. In order to achieve these 
goals it is the policy of the United States to support 
continuing research into the scientific and engineer-
ing fundamentals of energy and mineral resource ex-
traction, paying heed to all matters of operational 
safety and efficiency; 
‘‘(3) support the Nation’s petroleum and min-
ing schools in conducting continuing research into 
the optimization of the extraction and reclamation 
operations by encouraging the integration of public 
policy, law, economics, environmental management 
and engineering into activities that foster sustain-
able energy and mineral development; and 
‘‘(4) establish research priorities and edu-
cational policies that will enhance the principles of 
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domestic free enterprise, protect America’s competi-
tive edge, and promote the ability of the U.S. indus-
trial economy to compete effectively in the world 
marketplace of the 21st century for the benefit of all 
of the citizens of the Nation. 
‘‘SEC. 4. ENERGY ENGINEERING. 
‘‘(a) RECOGNIZED ENERGY SCHOOLS.—Recognized 
Energy Schools are those schools, universities, or edu-
cational institutions that have programs that meet the 
specific program criteria for chemical engineering, petro-
leum engineering or natural gas engineering and that are 
accredited on the date of enactment of by ABET, Inc., 
of Baltimore, Maryland, and that are actively pursuing re-
search and development programs that meet the objectives 
of subsection (d). 
‘‘(b) NEW ENERGY SCHOOLS, 2+2 DEGREE PRO-
GRAMS, MINORITY SERVING INSTITUTIONS.— 
‘‘(1) A school, university, or educational institu-
tion that seeks to establish a energy school shall be 
treated as a recognized school for purposes of this 
Act if it establishes a chemical, petroleum or natural 
gas engineering program that meets the specific pro-
gram criteria and receives accredited as such by 
ABET, Inc., and agrees to the conditions of sub-
section (c). 
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‘‘(2) Any partnership between a recognized en-
ergy school as defined in subsection (a) and a aca-
demic program at another institution at which the 
successful completion of an associate’s degree in en-
gineering that will allow the student to continue to 
complete a bachelor’s degree in Chemical, Petroleum 
Engineering or Natural Gas Engineering shall be 
treated as a recognized school for the purposes of re-
ceiving funds under this Act. The program receiving 
funding shall be the recognized petroleum school, 
which shall distribute the funding in a manner 
agreed to by the partnership and approved by the 
Secretary. 
‘‘(3) A minority serving institution that estab-
lishes a program in petroleum engineering or that 
participates in a partnership described in subsection 
(b)(2) shall in addition to the R&D funding made 
available under this Act be eligible to receive by au-
thorized transfer, appropriate federally owned equip-
ment that will support the development of such pro-
grams. 
‘‘(4) The Secretary shall authorize the sta-
tioning of appropriate Departmental personnel at all 
newly established institutions to serve as advisors, 
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mentors and adjunct faculty for a period of not more 
than 5 years. 
‘‘(5) The Secretary shall provide to faculty and 
students in newly established minority serving pro-
grams substantial opportunity to participate in col-
laborative research projects that are directly related 
to the Departmental missions, allow faculty and stu-
dents in these programs to participate available Fed-
eral training activities as Departmental employees; 
and provide funding for paid internships in agency 
facilities for students in these programs. When De-
partmental funding is sufficient, all such participa-
tion in training shall be at no cost to the institutions 
or the participants. 
‘‘(c) REQUIREMENTS TO BE MET FOR R&D FUND-
ING FOR PARTICIPATING SCHOOLS.—Each school, univer-
sity, or institution receiving funds under this section 
shall— 
‘‘(1) agree to maintain programs to train un-
dergraduate and graduate petroleum engineers for 
10 years after the date of the last receipt of funds 
under this section; 
‘‘(2) take the steps described in its application 
for funding to increase the number of undergraduate 
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and graduate students enrolled in and completing 
the program of study; and 
‘‘(3) carry out research, investigations, dem-
onstrations, and experiments in a manner that will 
enhance undergraduate and graduate education in 
petroleum engineering. 
‘‘(d) RESEARCH AND DEVELOPMENT OBJECTIVES.— 
‘‘(1) The schools receiving funding under this 
section shall use such funds to conduct research in 
chemical engineering, petroleum engineering, natural 
gas engineering, drilling or production engineering, 
reservoir management, and formation evaluation as 
applied to hydrocarbon systems science as defined in 
section 5005 of Public Law 110–69, the America 
COMPETES Act of 2007, while providing edu-
cational opportunities for students, paying particular 
emphasis on undergraduate education. 
‘‘(2) The research funded by this Act may in-
clude, but is not limited to the following: 
‘‘(A) Developing improvements in drilling 
engineering and technology for both offshore 
and onshore activities that will enhance the 
safety, cost effectiveness, and environmental 
soundness of drilling and well completion oper-
ations. 
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‘‘(B) Studying reservoir characterization, 
modeling and engineering to improve recovery 
in aging fields with the goal of maximizing re-
covery while accommodating economic and oper-
ational constraints. 
‘‘(C) Developing new production system 
technology for low permeability formations and 
the applying new technology to improve the per-
formance of fields in such formations. 
‘‘(D) Developing energy efficient lift sys-
tems and improving fluid flow and separation 
systems. 
‘‘(E) Expanding carbon capture and se-
questration research, conducting field dem-
onstrations on an operational scale and exam-
ining the utilization of carbon dioxide and other 
greenhouse gases to enhance the recovery at 
aging fields. 
‘‘(F) Developing methodologies and tech-
nologies for the commercial and environ-
mentally sound production of methane hydrates, 
oil shale and other non-conventional petroleum 
resources. 
‘‘(G) Developing applied strategies and 
technology that minimize the surface expression 
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of drilling and production activities that mini-
mize environmental impact of the immediate re-
source development. 
‘‘(3) To the extent that the research programs 
goals listed in subsection (b) overlap with the re-
search goals of section 6(d), funding under this Act 
is appropriate. Petroleum engineering and petroleum 
geology and geophysics programs at a single institu-
tion are encouraged to develop joint proposals for 
funding under this Act. 
‘‘(4) As a general rule, research funded under 
this section shall be related to the immediate pro-
duction of oil and natural gas resources, the imme-
diate on-site processing of produced resources and 
their placement into the distribution systems. 
‘‘(e) PETROLEUM AND NATURAL GAS TECHNOLOGY 
PROGRAMS.— 
‘‘(1) Where appropriate, the Secretary may 
make funds available to programs in engineering 
technology that award either associate or bacca-
laureate degrees in engineering technology, provided 
that such programs provide training and produce 
outcomes that qualify graduates for employment in 
the petroleum industry. 
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‘‘(2) The Secretary shall base the availability of 
such funds on the presence of an approved program 
in engineering technology or industrial technology 
that is focused on technology and its use in energy, 
natural gas and petroleum production, processing 
and related maintenance, operational safety. 
‘‘(3) Programs that are focused on federally-ap-
proved energy infrastructure protection and security, 
granting either an associate’s degree or a bacca-
laureate degree shall be eligible for funding. 
‘‘(4) Funds made available as grants by the 
Secretary shall be for three-year increments to sup-
port these programs for a period not to exceed 12 
years, but all Federal funds must be matched with 
State and or industry funds at a rate of twice that 
of the amount granted by the Secretary. Funding 
may be used to acquire and maintain equipment 
used for classroom and laboratory training purposes, 
except that any underground training facilities shall 
be subject to the provision of section 10(f). 
‘‘(5) In the absence of a nationally recognized 
accreditation or certification processes for petro-
leum-related engineering technology programs, the 
Secretary shall request the committee created by 
section 11 to examine requesting programs and the 
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outcomes of the programs to determine if it is ap-
propriate to provide funding to the programs. 
‘‘SEC. 5. MINING ENGINEERING. 
‘‘(a) RECOGNIZED MINING SCHOOLS DEFINED.— 
Recognized mining schools are those schools, universities, 
or educational institutions that meet the specific program 
criteria for mining or mineral engineering and that are 
accredited on the date of enactment of by ABET, Inc., 
of Baltimore, Maryland. 
‘‘(b) NEW MINING SCHOOLS, 2+2 DEGREE PRO-
GRAMS, MINORITY SERVING INSTITUTIONS.— 
‘‘(1) A school, university, or educational institu-
tion that seeks to establish a mining or mineral en-
gineering program shall be treated as a recognized 
mining school for purposes of this Act if it estab-
lishes a mining or mineral engineering program that 
meets the specific program criteria and is accredited 
as such by ABET, Inc., and agrees to the conditions 
of subsection (c). 
‘‘(2) Any partnership between a recognized 
mining school and an academic program at another 
institution at which the successful completion of an 
associate’s degree in engineering that will allow the 
student to continue to complete a Bachelor’s degree 
in Mining or Mineral Engineering shall be treated as 
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a recognized mining school for the purposes of this 
Act. The program receiving funding shall be the rec-
ognized mining school, which shall distribute the 
funding in a manner agreed to by the partnership 
and approved by the Secretary. 
‘‘(3) A minority serving institution that estab-
lishes a program in Mining or Mineral Engineering 
or that participates in a partnership described in 
subsection (b)(2) shall in addition to the R&D fund-
ing made available under this Act be eligible to re-
ceive by authorized transfer, appropriate federally 
owned equipment that will support the development 
of such programs. 
‘‘(4) The Secretary shall authorize the sta-
tioning of appropriate Departmental personnel at all 
newly established institutions to serve as advisors, 
mentors and adjunct faculty for a period of not more 
than 5 years. 
‘‘(5) The Secretary shall provide to faculty and 
students in newly established minority serving pro-
grams substantial opportunity to participate in col-
laborative research projects that are directly related 
to the Departmental missions, allow faculty and stu-
dents in these programs to participate available Fed-
eral training activities as Departmental employees; 
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and provide funding for paid internships in agency 
facilities for students in these programs. When De-
partmental funding is sufficient, all such participa-
tion in training shall be at no cost to the institutions 
or the participants. 
‘‘(c) REQUIREMENTS TO BE MET FOR R&D FUND-
ING FOR PARTICIPATING SCHOOLS.—Each school, univer-
sity, or institution receiving funds under this section 
shall— 
‘‘(1) agree to maintain programs to train un-
dergraduate and graduate mining and mineral engi-
neers for 10 years after the date of the last receipt 
of funds under this section; 
‘‘(2) take steps described in its application for 
funding to increase the number of undergraduate 
and graduate students enrolled in and completing 
the programs of study; 
‘‘(3) take steps to increase the Nation’s future 
mining and mineral engineering professorial corps by 
maintaining and encouraging participation of United 
States citizens in PhD programs; and 
‘‘(4) carry out research, investigations, dem-
onstrations, and experiments in a manner that will 
enhance undergraduate and graduate education in 
mining, and mineral engineering. 
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‘‘(d) RESEARCH AND DEVELOPMENT GOALS.— 
‘‘(1) The schools receiving are to use funding 
under this section to conduct research in the produc-
tion of conventional and non-conventional solid-min-
eral fuel resources, metallic and non-metallic mineral 
resources, including industrial mineral resources, 
and the production of stone, sand, and gravel. 
‘‘(2) Research funded by this Act related to 
production shall include but not be limited to— 
‘‘(A) improving mining and mineral extrac-
tion methods, mine equipment automation, ma-
terials handling, and mine production tech-
nology and systems; 
‘‘(B) improving technology directly related 
to miners safety, and the prevention of mining 
injury and mining-related diseases; 
‘‘(C) improving mine ventilation and sim-
ulation; 
‘‘(D) fundamental and applied rock me-
chanics, including catastrophic failure detection 
and prevention and the stability of surface and 
underground excavations for both mining and 
post-mining purposes; 
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‘‘(E) research into the basic science and 
engineering of deep mines, petroleum reserves, 
and deep engineered underground structures; 
‘‘(F) scale effects in terms of size and 
time, as it is related to open-pit mining, includ-
ing estimating rock mass strength of large 
slopes and transitioning from open pit to under-
ground mining methods; 
‘‘(G) explosives engineering improvement, 
rock cutting and fragmentation analysis and op-
timization of rock breakage processes; 
‘‘(H) improving environmental manage-
ment and reclamation technology, and reclama-
tion practices for active operations; 
‘‘(I) the development of re-mining systems 
and technologies to facilitate reclamation that 
fosters the ultimate recovery of resources and 
the utilization of mined materials that are not 
currently used in the materials manufacturing 
process; 
‘‘(J) development or improvement of mine 
production and processing designs and methods 
to minimize energy and water consumption, de-
velop use of alternative energy sources, and 
minimization of surface impacts; 
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‘‘(K) the engineering economics evaluation 
of mineral resource production, including issues 
relating to sustainable development, foreign 
competition for resources, supply and demand 
for resources, resource depletion, and sustaining 
supplies of critical and strategic resources; 
‘‘(L) fundamental and applied research on 
mineral processing, including comminution, flo-
tation, hydrometallurgy, pyrometallurgy, and bi-
ological influences on processing and extracting 
minerals; 
‘‘(M) solid-liquid separation in mineral 
beneficiation, such as dewatering of the con-
centrates and recycling of washing water in a 
concentrator; and 
‘‘(N) development of environment-oriented 
waste water treatment technology applied in 
mining industry to minimize the impact of the 
acid mine drainage and the tailing water on the 
surrounding environments. 
‘‘(3) As a general rule, research funded under 
this section shall be related to the immediate pro-
duction of mineral and earth material resources, the 
immediate 
crushing, 
milling, 
processing, 
beneficiation, smelting, or refining of the resources 
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and shall not include primary fabrication or manu-
facturing. Downstream research is not appropriately 
funded under this section. Proposals fostering and 
providing the scientific and engineering basis for 
sustainable development are appropriately funded 
under this section. 
‘‘(4) Research recommendations made by the 
National Academy prior to the date of enactment 
shall be properly funded under this section if the 
Secretary, as advised by the Committee established 
by section 11, finds that recommended research con-
tinues to have merit. 
‘‘(e) MINING
ENGINEERING
TECHNOLOGY
PRO-
GRAMS.— 
‘‘(1) Where appropriate, the Secretary may 
make funds available to programs in engineering 
technology that award either associate and bacca-
laureate degrees in engineering technology, provided 
that such programs provide training and produce 
outcomes that qualify graduates for employment in 
the mining industry in positions in mineral produc-
tion, mining facilities construction, mineral prepara-
tion, mining equipment maintenance or sales, main-
tenance of environmental controls and other posi-
tions that assist mining engineers. 
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‘‘(2) The funds may be made available as 
grants by the Secretary in not more than three-year 
increments to support these programs for a period 
not to exceed 12 years, but all Federal funds must 
be matched with State and or industry funds at a 
rate of twice that of the amount granted by the Sec-
retary. Funding may be used to acquire and main-
tain equipment used for classroom and practical 
training purposes; except that any underground 
training facilities shall be subject to the provision of 
section 10(f). 
‘‘(3) In the absence of a nationally recognized 
accreditation program for mining engineering tech-
nology, the Secretary shall request the committee 
created by section 11 to examine the program and 
the outcomes of the programs to determine if it is 
appropriate to provide funding to the program. 
‘‘SEC. 6. APPLIED GEOLOGY AND APPLIED GEOPHYSICS 
SCHOOLS. 
‘‘(a) RECOGNIZED APPLIED GEOLOGY
AND GEO-
PHYSICS PROGRAMS.— 
‘‘(1) For purposes of receiving funds under this 
Act, recognized applied geology and geophysics 
schools are those schools that have as of the date of 
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this Act programs of undergraduate and graduate 
education and research in— 
‘‘(A) geological engineering that is accred-
ited on the date of enactment of this Act by 
ABET, Inc., of Baltimore, Maryland, and which 
is focused on petroleum or natural gas produc-
tion, the production of mineral resources, and 
the development of permanent underground 
workings as demonstrated by the curriculum 
and the expertise of the existing faculty; and 
‘‘(B) geophysical engineering that is ac-
credited on the date of enactment by ABET, 
Inc., of Baltimore, Maryland, and which is fo-
cused on the discovery and development of oil, 
gas, mineral deposits or assisting in the place-
ment of large engineered structures as dem-
onstrated by the curriculum and the expertise 
of the existing faculty. 
‘‘(2) Recognized applied geology and geophysics 
programs shall also be those that the Secretary de-
termines to be acceptable under subsection (b)(2) 
and section 11(d) and that have undergraduate and 
graduate programs of research and education in— 
‘‘(A) the geology and geophysics of conven-
tional or non-conventional petroleum deposits; 
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‘‘(B) the geology and geophysics of the de-
velopment of all forms of geothermal energy; 
and 
‘‘(C) the geology and geophysics of explo-
ration for mineral resources, including coal and 
like substances, metallic and non-metallic min-
eral resources, including industrial minerals, 
and stone, sand, and gravel. 
‘‘(b) APPLIED GEOLOGY AND GEOPHYSICS PROGRAM 
CRITERIA.— 
‘‘(1) Programs listed in subsection (a) with the 
focus and the nationally recognized accreditation 
through ABET, Inc., of Baltimore, Maryland, shall 
be deemed as recognized programs, provided that 
the program focus is similar to that found in sub-
section (a)(1). 
‘‘(2) In the absence of a nationally recognized 
accreditation program for the applied geology and 
geophysics programs listed in this section, the Sec-
retary shall request the committee created by section 
11 to examine the program and the outcomes of the 
programs to determine if it is appropriate to provide 
funding to the program. 
‘‘(c) REQUIREMENTS TO BE MET FOR R&D FUND-
ING FOR PARTICIPATING SCHOOLS.— 
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‘‘(1) Each school, university, or institution re-
ceiving funds under this section shall— 
‘‘(A) agree to maintain programs to train 
undergraduate and graduate students for not 
less than 10 years after the date of the last re-
ceipt of funds under this section; 
‘‘(B) take steps described in its application 
for funding to increase the number of under-
graduate and graduate students enrolled in and 
completing the programs of study; 
‘‘(C) increase the Nation’s future pro-
fessorial corps through maintaining existing 
Ph.D. programs that place particular emphasis 
on the training of United States citizens; and 
‘‘(D) carry out research, investigations, 
demonstrations, and experiments in a manner 
that will enhance undergraduate and graduate 
education in their respective programs areas. 
‘‘(2) As a general rule, research funded under 
this section shall be related to the exploration for 
and the production of deposits of conventional and 
unconventional oil and natural gas, coal and like 
substances, geothermal systems, metallic and non- 
metallic minerals, industrial minerals and stone sand 
and gravel. Research into the immediate on-site 
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processing of produced resources and their place-
ment into the distribution systems is appropriate 
under this section. Research directly related to the 
formation and distribution of mineral deposits in 
space and time, and research on the availability of 
critical and strategic minerals to the Nations indus-
trial economy is appropriately funded under this sec-
tion. Research of the downstream usage of mined 
materials is not appropriately funded under this Act. 
‘‘(d) RESEARCH AND DEVELOPMENT GOALS FOR AP-
PLIED GEOLOGY AND GEOPHYSICS PROGRAMS.— 
‘‘(1) Research funded by this Act related to ge-
ological engineering may include, but is not limited 
to— 
‘‘(A) 
development 
of 
numerical 
geomechanics models for rock fracture, frag-
mentation, material flow, surface and under-
ground structure stability including computer 
infrastructure for large computational models; 
‘‘(B) analysis of coupled geological proc-
esses, including mechanical, hydrological, chem-
ical, thermal, time-dependent processes, and in 
particular, those applicable to nuclear waste 
disposal, deep underground excavations, and 
surface weathering; 
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‘‘(C) development of improved rock support 
systems including, but not limited to methods 
such as bolts, shotcrete, and epoxy systems, im-
proved modeling methods to predict the inter-
action of rock and rock support methods; 
‘‘(D) modeling the effects of seismicity on 
surface and subsurface earth structures, includ-
ing earthquake prediction to those structures; 
‘‘(E) modeling and analyzing mining and 
constructibility issues in surface and under-
ground operations in weak rock; 
‘‘(F) development of monitoring equipment 
for surface and underground structure stability; 
‘‘(G) integration of modeling, sampling, 
analysis, and interpretation methods to combine 
geo-related parameters for integrated system 
response to resource development, reclamation 
and environmental management; 
‘‘(H) development of improved geochemical 
sensing systems/equipment and integration/un-
derstanding of complex geochemical environ-
ments for exploration, production, and reclama-
tion; and 
‘‘(I) improved remote sensing technology 
and interpretation for exploration, production, 
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and reclamation of a site, including detection 
and monitoring of subsidence, earth stresses, 
ground stability related to resource develop-
ment. 
‘‘(2) Research funded by this Act related to 
geophysical engineering may include but is not lim-
ited to— 
‘‘(A) development of or improvement of 
three dimensional and time-dependent numer-
ical models of geophysical methods for earth 
models related to energy and mineral resources; 
‘‘(B) development of new sensor tech-
nologies for aerial, surface, subsurface, bore-
hole, and machine deployment for improved res-
olution with depth and time and improved dis-
crimination of physical and chemical properties 
of the rock mass and dimensions of the target 
of interest during the exploration, development, 
production or reclamation phases of a site; 
‘‘(C) development of smart sensor net-
works for improved resolution with depth or 
time (or both) of physical and chemical prop-
erties of energy and mineral resources during 
the exploration, development, production, and 
reclamation phases of a site; 
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‘‘(D) development of integrated interpreta-
tion methods and data fusion methods for geo-
physical, geological, and ancillary data during 
the exploration, development, production, and 
reclamation phases; 
‘‘(E) creation of publicly available data-
bases of geophysical datasets, interpretations, 
modeling codes that are not in violation of prior 
confidentiality agreements; 
‘‘(F) development of geosensing tech-
nologies to aid in production, equipment auto-
mation, and smart systems; 
‘‘(G) developing the next generation of geo-
physical sensors for detecting the geophysical 
attributes of mineral deposits masked by vege-
tation and/or hidden under cover of unconsoli-
dated materials; and 
‘‘(H) development of systems to detect un-
derground mine voids left by past mining in aid 
of enhancing public health and safety and pro-
tection of infrastructure including roads, build-
ings, power lines and pipelines. 
‘‘(3) Research funded by this Act related to pe-
troleum geology and geophysics may include but is 
not limited to— 
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‘‘(A) developing refined techniques or de-
signing innovative tools to identify and delin-
eate economic accumulations of conventional 
and non-conventional oil and gas resources; 
‘‘(B) developing geological and geophysical 
diagnostic methodologies or tools for character-
izing and modeling conventional and non-con-
ventional oil and gas bearing rocks, reservoirs 
and source beds; 
‘‘(C) studying conventional and non-con-
ventional oil and gas economics to sustain do-
mestic oil and gas resource exploration and pro-
duction; 
‘‘(D) developing new methodologies, tech-
nologies, or strategies, including rock-fluid 
interaction studies, to improve the recovery of 
known conventional and unconventional oil and 
gas resources from established fields; and 
‘‘(E) studying procedures to extract con-
ventional and non-conventional oil and gas re-
sources that reduce the environmental impact of 
these activities. 
‘‘(4) Research funded by this Act related to the 
production of geothermal energy should reflect the 
near and long-term needs of finding, bringing online, 
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and sustaining geothermal energy sources, including, 
but not restricted to the following: 
‘‘(A) Identifying and characterizing geo-
thermal energy resources, especially those that 
are hidden, and the development and refine-
ment of technologies and approaches to increase 
the success rate in finding these resources. 
‘‘(B) Engineering, maintaining, and sus-
taining a geothermal resource through multi-
disciplinary, applied studies in engineering, ge-
ology, and geophysics, including fluid flow in 
the subsurface, reservoir characterization and 
engineering. 
‘‘(C) Extraction of economic minerals from 
geothermal fluid streams. 
‘‘(5) Research funded by this Act into the geol-
ogy and geophysics of exploration for mineral depos-
its, including coal and like substances, metallic and 
non-metallic mineral resources to include industrial 
minerals, and stone, sand, and gravel may include— 
‘‘(A) improving the estimates of the United 
States coal resource endowment, assessing the 
extent of the Nation’s coal recoverable reserves 
and assessing the quality of recoverable re-
serves, regardless of ownership; 
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‘‘(B) enhancing the understanding of 
mineability and recoverability of coal resources 
due to technical constraints, such as mining 
methods, coal processing technologies, intended 
use, environmental considerations, and geology, 
and due to economic, policy, and legal con-
straints; 
‘‘(C) regional and local geologic, geo-
chemical, and geophysical characterization of 
the United States mineral resource endow-
ments, including the development of new tech-
niques for assessing the mineral resource poten-
tial; 
‘‘(D) 
construction 
and 
testing 
of 
hypotheses and models for the formation and 
global distribution of important classes of min-
eral resource in space and time; 
‘‘(E) development of improved methodology 
and technology for exploration and discovery of 
concealed or deep mineral resources, including 
the detection of geochemical and geophysical at-
tributes of mineral deposits that have little or 
no surface expression and are obscured by over-
lying barren rock materials, water, and vegeta-
tion; and 
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‘‘(F) research analyzing the potential glob-
al availability of mineral resources needed by 
the United States’ industrial economy to com-
pete in the world marketplace, including but not 
limited to the physical and engineering factors, 
the economic and market factors, and the polit-
ical and legal factors that will affect mineral re-
source availability. 
‘‘SEC. 7. PHYSICAL SCIENCE, ENGINEERING AND TECH-
NOLOGY SCHOLARSHIP PROGRAM. 
‘‘(a) INTERIOR WORKFORCE ENHANCEMENT.— 
‘‘(1) The Secretary shall provide financial as-
sistance for education in physical sciences, engineer-
ing, and engineering or industrial technology and 
disciplines that, as determined by the Secretary, are 
critical to the functions of the Department of the In-
terior and are needed in the Department of the Inte-
rior workforce. 
‘‘(2) The Secretary of the Interior may award 
a scholarship in accordance with this section to a 
person who— 
‘‘(A) is a citizen or a national of the 
United States; 
‘‘(B) is pursuing an undergraduate or ad-
vanced degree in a critical skill or discipline de-
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scribed in paragraph (1) at an institution of 
higher education; and 
‘‘(C) enters into a service agreement with 
the Secretary of the Interior as described in 
this section. 
‘‘(3) The amount of the financial assistance 
provided under a scholarship awarded to a person 
under this subsection shall be the amount deter-
mined by the Secretary of the Interior as being nec-
essary to pay all educational expenses incurred by 
that person, including tuition, fees, cost of books, 
laboratory expenses, and expenses of room and 
board. The expenses paid, however, shall be limited 
to those educational expenses normally incurred by 
students at the institution of higher education in-
volved. 
‘‘(b) MINORITY WORKFORCE ENHANCEMENT.— 
‘‘(1) The Secretary shall award scholarships in 
accordance with this section to persons who— 
‘‘(A) are enrolled in a Minority Serving 
Higher Education Institutions; 
‘‘(B) are citizens or nationals of the 
United States; 
‘‘(C) are pursuing an undergraduate or ad-
vanced degree in agriculture, engineering, engi-
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neering or industrial technology, or physical 
sciences, or other discipline that is found by the 
Secretary to be critical to the functions of the 
Department of the Interior and are needed in 
the Department of the Interior workforce; and 
‘‘(D) enter into a service agreement with 
the Secretary of the Interior as described in 
this section. 
‘‘(2) The amount of the financial assistance 
provided under a scholarship awarded to a person 
under this subsection shall be the amount deter-
mined by the Secretary of the Interior as being nec-
essary to pay all educational expenses incurred by 
that person, including tuition, fees, cost of books, 
laboratory expenses, and expenses of room and 
board. The expenses paid, however, shall be limited 
to those educational expenses normally incurred by 
students at the institution of higher education in-
volved. 
‘‘(c) EDUCATION PARTNERSHIPS WITH MINORITY 
SERVING HIGHER EDUCATION INSTITUTIONS.— 
‘‘(1) The Secretary shall require the director of 
each Bureau and Office, to foster the participation 
of Minority Serving Higher Education Institutions 
in any regulatory activity, land management activity, 
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science activity, engineering or industrial technology 
activity, or engineering activity carried out by the 
Department of the Interior. 
‘‘(2) The Secretary shall support activities at 
Minority Serving Higher Education Institutions 
by— 
‘‘(A) funding faculty and students in these 
institutions in collaborative research projects 
that are directly related to the Departmental or 
Bureau missions; 
‘‘(B) allowing equipment transfer to Mi-
nority Serving Higher Education Institutions as 
a part of a collaborative research program di-
rectly related to a Departmental or Bureau mis-
sion; 
‘‘(C) allowing faculty and students at these 
Minority Serving Higher Education Institutions 
to participate Departmental and Bureau train-
ing activities at no charge; 
‘‘(D) funding paid internships in Depart-
mental and Bureau facilities for students at Mi-
nority Serving Higher Education Institutions; 
and 
‘‘(E) assigning Departmental and Bureau 
personnel to positions located at Minority Serv-
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146 
ing Higher Educational Institutions to serve as 
mentors to students interested in a science, 
technology or engineering disciplines related to 
the mission of the Department or the Bureaus. 
‘‘(d) UNIFORM SERVICE AGREEMENT FOR RECIPI-
ENTS OF ASSISTANCE.— 
‘‘(1) To receive financial assistance under sub-
section (a) or (b)— 
‘‘(A) in the case of an employee of the De-
partment of the Interior, the employee shall 
enter into a written agreement to continue in 
the employment of the department for the pe-
riod of obligated service determined under para-
graph (2); and 
‘‘(B) in the case of a person not an em-
ployee of the Department of the Interior, the 
person shall enter into a written agreement to 
accept and continue employment in the Depart-
ment of the Interior for the period of obligated 
service determined under paragraph (2). 
‘‘(2) For the purposes of this section, the period 
of obligated service for a recipient of a scholarship 
under this section shall be the period determined by 
the Secretary of the Interior as being appropriate to 
obtain adequate service in exchange for the financial 
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assistance provided under the scholarship. In no 
event may the period of service required of a recipi-
ent be less than the total period of pursuit of a de-
gree that is covered by the scholarship. The period 
of obligated service is in addition to any other period 
for which the recipient is obligated to serve in the 
civil service of the United States. 
‘‘(3) An agreement entered into under this sub-
section by a person pursuing an academic degree 
shall include any terms and conditions that the Sec-
retary of the Interior determines necessary to pro-
tect the interests of the United States or otherwise 
appropriate for carrying out this section. 
‘‘(e) REFUND
FOR PERIOD
OF UNSERVED OBLI-
GATED SERVICE.— 
‘‘(1) A person who voluntarily terminates serv-
ice before the end of the period of obligated service 
required under an agreement entered into under 
subsection (d)(2) shall refund to the United States 
an amount determined by the Secretary of the Inte-
rior as being appropriate to obtain adequate service 
in exchange for financial assistance. 
‘‘(2) An obligation to reimburse the United 
States imposed under paragraph (1) is for all pur-
poses a debt owed to the United States. 
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‘‘(3) The Secretary of the Interior may waive, 
in whole or in part, a refund required under para-
graph (1) if the Secretary determines that recovery 
would be against equity and good conscience or 
would be contrary to the best interests of the United 
States. 
‘‘(4) A discharge in bankruptcy under title 11, 
United States Code, that is entered less than five 
years after the termination of an agreement under 
this section does not discharge the person signing 
such agreement from a debt arising under such 
agreement or under this subsection. 
‘‘(f) RELATIONSHIP
TO OTHER PROGRAMS.—The 
Secretary of the Interior shall coordinate the provision of 
financial assistance under the authority of this section 
with the provision of financial assistance under the au-
thorities provided in this Act in order to maximize the ben-
efits derived by the Department of the Interior from the 
exercise of all such authorities. 
‘‘(g) ANNUAL REPORT.—Not later than September 
30 of each year, the Secretary of the Interior shall submit 
to the Congress a report on the status of the assistance 
program carried out under this section. The report shall 
describe the programs within the Department designed to 
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recruit and retain a workforce on a short-term basis and 
on a long-term basis. 
‘‘(h) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘Minority Serving Higher Edu-
cation Institutions’ means a Hispanic-serving insti-
tution, historically Black college or university, Alas-
ka Native-serving institution, tribal college or uni-
versity, or insular area school. 
‘‘(2) The term ‘Hispanic-serving institution’ has 
the meaning given the term in section 502(a) of the 
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1101a(a)). 
‘‘(3) The term ‘historically Black college or uni-
versity’ has the meaning given the term ‘part B in-
stitution’ in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061). 
‘‘(4) The term ‘tribal college or university’ has 
the meaning given the term ‘Tribal College or Uni-
versity’ in section 316(b)(3) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059c). 
‘‘(5) The term ‘institution of higher education’ 
has the meaning given such term in section 101 of 
the Higher Education Act of 1965 (20 U.S.C. 
1001). 
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‘‘(6) The term ‘Alaska Native-serving institu-
tion’ has the meaning given the term in section 317 
of the Higher Education Act of 1965 (20 U.S.C. 
1059d). 
‘‘(7) The term ‘insular area school’ means an 
academic institution or university in American 
Samoa, Guam, The Northern Mariana Islands, 
Puerto Rico, and the Virgin Islands, or any other 
territory or possession of the United States. 
‘‘SEC. 8. CAREER TECHNICAL EDUCATION. 
‘‘(a) POLICY.—It is the policy of the United States 
that programs that train skilled workers and tradesman 
receive appropriate funding to ensure a steady supply of 
these workers for the Nation’s mines, oil fields, and fac-
tories, fisheries and farms. In recognition that skilled 
workers are integral to the Nation’s economy, it is the pur-
pose of this Act to foster stronger links between post sec-
ondary education and the training of skilled workers and 
tradesman. In furtherance of this purpose, funds author-
ized by this Act may be granted to colleges, universities, 
community colleges, tribal colleges and universities, tech-
nical institutes, apprenticeship programs, and secondary 
schools to implement this section. 
‘‘(b) COMMUNITY COLLEGE CAREER TECHNICAL 
COLLEGE FUNDING.— 
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‘‘(1) A Community or Tribal College may re-
ceive funding under this section if it submits an ap-
plication that demonstrates the presence of a State- 
approved program in engineering technology or in-
dustrial technology that— 
‘‘(A) is focused on the application of tech-
nology to energy and mineral production; min-
eral processing and beneficiation or metals re-
fining; maintenance related to energy and min-
eral resource production activities and oper-
ational safety; energy an mineral production in-
frastructure protection and security; and indus-
trial process operations; and 
‘‘(B) grants a certificate in one of the sub-
jects listed in subsection (b)(1)(A). 
‘‘(2) A Community or Tribal College may re-
ceive funding under this section if it submits an ap-
plication that demonstrates that it cooperatively of-
fers training to individuals seeking to complete pro-
grams described in subsection (c) or (d) and pro-
vides college level credit for the successful comple-
tion of the training. 
‘‘(3) The funds may be made available as 
grants by the Secretary in not more than three-year 
increments to support these programs for a period 
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not to exceed 12 years, but all Federal funds must 
be matched with State and or industry funds at a 
rate of twice that of the amount granted by the Sec-
retary. 
‘‘(4) Federal funding may be used to acquire 
and maintain equipment used for classroom and lab-
oratory training purposes, except that any under-
ground training facilities shall be subject to the pro-
vision of section 10(f). 
‘‘(c) SECONDARY SCHOOL CAREER TECHNICAL EDU-
CATION FUNDING.— 
‘‘(1) A secondary school with the presence of a 
program, including a secondary school vocational 
education program or career academy, that provides 
training for individuals seeking to enter the petro-
leum, coal mining, or mineral mining industries may 
apply for funding under this section. 
‘‘(2) Secondary schools may apply for funding 
if they maintain a State-approved program of career 
technical education offered cooperatively with a com-
munity college in one of the industrial sectors of— 
‘‘(A) agriculture, forestry, or fisheries; 
‘‘(B) utilities, particularly power trans-
mission and pipelines operations; 
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‘‘(C) maintenance and maintenance logis-
tics; 
‘‘(D) construction; 
‘‘(E) manufacturing; 
‘‘(F) mining, surveying, and well drilling; 
or 
‘‘(G) transportation and warehousing. 
‘‘(3) Secondary schools seeking funds to sup-
port the operation of a program may initially only 
use those funds for enhancing the instructional skills 
of teachers through additional training and re-
sources as will permit such teachers to enhance their 
skills. 
‘‘(4) After the teachers at existing programs 
have achieved enhanced skills and meet an appro-
priate standard, as agreed to by local authorities in 
consultation with the Secretary, the funds be used to 
purchase classroom and laboratory equipment. 
‘‘(5) Secondary schools seeking funds to sup-
port the development of a new program shall use the 
funds to support the purchase of classroom and lab-
oratory equipment and to supplement teacher sala-
ries to encourage the hiring of highly qualified 
teachers. 
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154 
‘‘(d) SKILLED
TRADES
TRAINING
PROGRAMS.— 
Jointly sponsored apprenticeship and training programs 
that are authorized by Federal law and that offer commu-
nity college credit for the successful completion of 
coursework may apply for funding under this section, pro-
vided that the training offered in one of the sectors listed 
in subsection (b)(1)(A) or (c). 
‘‘(e) APPLICATION FOR FUNDING.—An application 
for funds under this section must show evidence of an in-
stitutional commitment for career technical education and 
provide evidence that the school or institution has received 
or will receive industry cooperation in the form of equip-
ment, employee time, or donations of funds to support the 
activities that are within the scope of this section. 
‘‘(f) USE OF CAREER TECHNICAL EDUCATION FUND-
ING.— 
‘‘(1) Schools or institutions receiving funds 
under this section must agree to maintain the pro-
grams for which the funding is sought for a period 
of 10 years beginning on the date the school or insti-
tution receives such funds, unless the Secretary 
finds that a shorter period of time is appropriate for 
the local labor market or is required by State au-
thorities. 
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155 
‘‘(2) Schools or institutions receiving funds 
under this section may combine these funds with 
State funds, and other Federal funds where allowed 
by law, to carry out programs described in this sec-
tion. However the use of the funds received under 
this section must be reported to the Secretary not 
less than annually or more frequently should the 
Secretary determine such reporting to be appro-
priate. 
‘‘SEC. 9. ADMINISTRATION. 
‘‘(a) DUTIES OF THE SECRETARY.— 
‘‘(1) The Secretary, acting through the Director 
of the National Center for Science and Technology 
Education, shall administer this Act and shall pre-
scribe such rules and regulations as may be nec-
essary to carry out its provisions not later than 1 
year after the enactment of SEACOR. 
‘‘(2) The regulations required by this section 
shall ensure that when scholarships, fellowships, or 
grants are to be awarded that there be a preference 
given to veterans and service members who have re-
ceived or will receive either the Afghanistan Cam-
paign Medal or the Iraq Campaign Medal as author-
ized by Public Law 108–234, and Executive Order 
No. 13363. 
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‘‘(3) The regulations prepared by the Secretary 
shall establish procedures— 
‘‘(A) to ensure that each employee and 
contractor of the Center established by this sec-
tion and each member of the Committee estab-
lished pursuant to section 11 shall disclose to 
the Secretary any financial interests in or fi-
nancial relationships with schools, universities, 
institutions, or individuals receiving funds, 
scholarships or fellowships under this Act; 
‘‘(B) to require any employee, contractor, 
or member of the Committee with a financial 
relationship disclosed under subparagraph (A) 
to recuse themselves from— 
‘‘(i) any recommendation or decision 
regarding the awarding of funds, scholar-
ships, or fellowships; and 
‘‘(ii) any accreditation review, report, 
analysis or investigation regarding compli-
ance with the provisions of this Act by a 
school, university, or institution or any in-
dividual; and 
‘‘(C) that ensure that membership on the 
Committee established by section 11 by rep-
resentatives of a school, university, or institu-
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tion shall not serve as a bar to the receipt of 
funding under this Act if the representatives 
has taken steps to recuse themselves from the 
decision. 
‘‘(b) NATIONAL CENTER FOR SCIENCE AND TECH-
NOLOGY EDUCATION.— 
‘‘(1) There is established in the Department of 
the Interior, under the supervision of the Secretary, 
a center to be known as the National Center for 
Science and Technology Education (hereafter in this 
Act referred to as the ‘Center’) to administer the 
provisions of this Act. The position of the Director 
shall be allocated from among the existing Senior 
Executive Service positions at the Department of the 
Interior and shall be a career reserved position as 
defined in section 3132(a)(8) of title 5, United 
States Code. 
‘‘(2)(A) The Director may appoint a Deputy 
Director and employ such officers and employees as 
may be necessary to enable the Center to carry out 
its functions. 
‘‘(B) In general, all such appointments shall be 
made from existing positions at the Department of 
the Interior, and shall be subject to the provisions 
of title 5, United States Code, governing appoint-
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158 
ments in the competitive service and shall be paid in 
accordance with the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates. 
‘‘(C) Whenever it is determined to be in the in-
terest of the government, the Director may appoint 
non-status individuals to professional positions at 
the Center for term assignments, not to exceed four 
years, if— 
‘‘(i) such individuals are citizens of the 
United States, United States nationals, or resi-
dent aliens; and 
‘‘(ii) the individuals hold advanced degrees 
in fields of study that will enhance the capacity 
of the Center or its additional offices to carry 
out the programs funded under this Act. 
‘‘(3) In carrying out his or her functions, the 
Director shall assist and advise the Secretary and 
the Committee established pursuant to this Act by— 
‘‘(A) providing professional and adminis-
trative support for the Committee including 
record keeping and maintaining minutes of all 
Committee and subcommittee meetings; 
‘‘(B) coordinating the activities of the 
Committee with Federal agencies and depart-
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ments, and the schools, universities, and insti-
tutions to which funds are provided under this 
Act; 
‘‘(C) maintaining accurate records of funds 
disbursed for all scholarship and fellowship 
grants, research grants, and grants for career 
technical education purposes; 
‘‘(D) preparing any regulations required to 
implement this Act; 
‘‘(E) conducting site visits at schools, uni-
versities, and institutions receiving funding 
under this Act; and 
‘‘(F) serving as a central repository for re-
ports and a clearing house for public informa-
tion on research and data funded by this Act. 
‘‘(4) The Director or an employee of the Center 
shall be present at each meeting of the Committee 
established pursuant to section 11, a meeting of a 
subcommittee of such Committee, or of a task force 
established by the Committee. 
‘‘(5) The Director is authorized to contract with 
public or private agencies, institutions, and organiza-
tions and with individuals without regard to section 
3324(a) and (b) of title 31, United States Code, and 
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section 5 of title 41, United States Code, in carrying 
out his or her functions. 
‘‘(6) As needed the Director shall ascertain 
whether the requirements of this Act have been met 
by schools, universities, institutions, and individuals. 
‘‘(7) If any of the funds received under this Act 
are found by the Director to have been improperly 
diminished, lost, or misapplied, the Director shall 
take all necessary steps to recover such funds. 
‘‘(c) NATIONAL CENTER LOCATION AND ADDITIONAL 
OFFICES.— 
‘‘(1) The Center shall be located at a site on or 
near the campus of a school, college, or university 
with a recognized program, to be determined by the 
Secretary after consultation with the Committee and 
the receipt of public comments. 
‘‘(2) The Director, with the advice of the Com-
mittee, may establish additional offices at or near 
the campuses of school, colleges, or universities with 
recognized programs, if such offices are found to be 
of assistance in managing the programs carried out 
under this Act. In creating additional offices— 
‘‘(A) at least on full-time Federal employee 
must be stationed at any such office to serve as 
the supervisor of the office; 
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‘‘(B) priority shall given to local graduate 
and undergraduate students enrolled in recog-
nized programs in filling administrative posi-
tions in such additional offices; 
‘‘(C) priority shall be given to research fac-
ulty and teaching faculty at recognized pro-
grams when filling scientific, engineering and 
technical positions; and 
‘‘(D) to encourage a continual flow of new 
personnel into the positions at the additional of-
fices shall be filled on a term basis not to ex-
ceed four years. 
‘‘(3) No Federal funds may be utilized to pur-
chase land or building for the Center or additional 
offices. However, the Director, acting through the 
General Services Administration, may lease land and 
buildings for the purpose of housing the Center or 
additional offices. 
‘‘(d) DATA AVAILABILITY.— 
‘‘(1) The Director shall establish the mecha-
nism for public release of findings and data from re-
search supported under this Act. Such release may 
include data, physical collections, and other sup-
porting materials created or gathered in the course 
of the work. Data release policies shall follow the 
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best practices established by Federal agencies sup-
porting extramural research. 
‘‘(2) The Director shall establish policies for the 
establishment, maintenance, validation, description, 
and distribution of high-quality, data sets, including 
the following: 
‘‘(A) Data archives must include easily ac-
cessible information about the data holdings, in-
cluding quality assessments, supporting ancil-
lary information, and guidance and aids for lo-
cating and obtaining data. 
‘‘(B) Data may be made available for sec-
ondary use through submission to a national 
data center, publication in a widely available 
scientific journal, book or website, through the 
institutional archives that are standard for a 
particular discipline, or through other Director- 
specified repositories. 
‘‘(C) Data inventories should be published 
or entered into a public database periodically 
and when there is a significant change in type, 
location, or frequency of such observations. 
‘‘(D) For those activities in which propri-
etary or confidential information is acquired or 
generated, data release shall not violate con-
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fidentiality agreements. Those data, samples, or 
supporting materials that can be released 
should be made openly available as soon as pos-
sible, but no later than one year after the con-
clusion of the funded project or within 6 
months of a published paper. This period may 
be extended under exceptional circumstances, 
but only by agreement between the Principal 
Investigator and the Director. 
‘‘(E) Within the proposal review process, 
compliance with these data guidelines will be 
considered in the overall evaluation of a Prin-
cipal Investigator’s record of prior support. 
‘‘(F) Exceptions to these data guidelines 
require agreement between the Principal Inves-
tigator and the Director. 
‘‘(3) The Director shall take all necessary steps 
to ensure that the data within the database is in a 
form that is compatible with the data contained in 
the database mandated by section 351 of the Energy 
Policy Act of 2005. 
‘‘(4) In all cases the cost to the public to access 
the data shall be no more than the cost to maintain 
the data in electronic format. 
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‘‘SEC. 10. APPLICATIONS FOR FUNDING AND DUTIES OF RE-
CEIVING SCHOOLS AND INDIVIDUALS. 
‘‘(a) APPLICATIONS FOR FUNDING AND DUTIES OF 
SCHOOLS RECEIVING FUNDING.— 
‘‘(1) Each application to the Secretary for 
funds under this Act shall state, among other 
things— 
‘‘(A) the nature of the project to be under-
taken and its relation to other known research 
projects; 
‘‘(B) the period during which it will be 
pursued; 
‘‘(C) the qualifications of the personnel 
who will direct and conduct it; 
‘‘(D) the estimated costs; 
‘‘(E) the extent to which the proposed 
project will maximize the opportunity for the 
training of undergraduate and graduate chem-
ical, petroleum, mining, and mineral engineers, 
geologists, and geophysicists; and 
‘‘(F) the extent of participation by non-
governmental sources in the project. 
‘‘(2) Funds shall only be made available upon 
the basis of the merit of the application, and the op-
portunity the proposal provides for undergraduate 
training. 
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‘‘(3) Funds may be made available for multiple 
programs within a single institution but each pro-
gram must file a separate application for funding 
that meets the requirements of paragraph (1). 
‘‘(4) Funds available under this Act shall be 
paid at such times and in such amounts during each 
fiscal year as determined by the Secretary, and upon 
vouchers approved by the Secretary. 
‘‘(b) DUTIES OF RECEIVING SCHOOLS.—Each school, 
university, or institution that receives funds under this Act 
shall— 
‘‘(1) establish policies and procedures that as-
sure that Federal funds made available under this 
Act for any fiscal year will supplement and, to the 
extent practicable, increase the level of funds that 
would, in the absence of such Federal funds, be 
made available for purposes of this Act, and in no 
case supplant such funds; and 
‘‘(2) have an officer appointed by its governing 
authority who shall receive and account for all funds 
paid under this Act and shall make an annual report 
to the Secretary on or before the first day of Octo-
ber of each year, on work accomplished and the sta-
tus of projects underway, together with a detailed 
statement of the amounts received under this Act 
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during the preceding fiscal year, and of its disburse-
ments on schedules prescribed by the Secretary. 
‘‘(c) INSTITUTIONAL AND INDIVIDUAL REPORTING 
REQUIREMENTS.— 
‘‘(1) On or before the first day of October of 
each year beginning after the date of enactment of 
this Act, schools, universities, and institutions re-
ceiving funds under this Act shall certify compliance 
with this Act and upon request of the Director of 
the Center provide documentation of such compli-
ance. 
‘‘(2) An individual granted a scholarship or fel-
lowship with funds provided under this Act shall an-
nually, through their respective school, university, or 
institution, advise the Director of the Center of 
progress towards completion of the course of studies 
and upon the awarding of the degree within 30 days 
after the award. 
‘‘(d) CONSORTIA.— 
‘‘(1) Where appropriate, the Secretary may 
make funds available to recognized schools under 
this Act that participate in consortia performing re-
search that meets the goals of this Act. 
‘‘(2) Consortia as authorized by this Act, may 
include— 
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‘‘(A) domestic schools, universities, or in-
stitutions, including those that are otherwise in-
eligible for funds under this Act; 
‘‘(B) professional societies or foundations 
that support or that are supported by profes-
sional societies; 
‘‘(C) industry trade associations or indi-
vidual companies, either singly or as multiple 
participants; 
‘‘(D) State agencies, including federally 
recognized multistate commissions and regional 
organizations; 
‘‘(E) Federal agencies, if their participa-
tion is authorized by Federal law; 
‘‘(F) national laboratories, if their partici-
pation uses funds other than those provided by 
this Act; 
‘‘(G) privately funded, non-governmental 
organizations, including charitable trusts, non- 
profit, organizations, and professional societies 
and associations; and 
‘‘(H) individuals with financial assets, in-
cluding Federal research grants. 
‘‘(3) Participants in a consortia must have in-
structional or research skills, programs, facilities, or 
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other significant assets specifically identified during 
the application process as needed for the success of 
the research being carried out by the consortia. 
‘‘(4) Consortia participants may provide addi-
tional funding for consortia activities, including Fed-
eral funds, however any such Federal funding must 
be in addition to any funds provide by this Act and 
may not be utilized in lieu of funds received under 
this Act. 
‘‘(5) Approved funding under this Act for con-
sortia shall be disbursed by the Secretary only to a 
single point of contact at a recognized school. With 
respect to such disbursements— 
‘‘(A) the receiving institution shall dis-
tribute funds to the other members of the con-
sortia and shall serve as the lead institution 
and the sole point of contact for all other par-
ticipants; 
‘‘(B) all reports of the consortium required 
by this Act shall be filed by the lead institution; 
and 
‘‘(C) with the concurrence of the Com-
mittee and the Secretary, the lead institution 
may terminate the participation of any other 
participant in the consortium. 
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‘‘(e) COORDINATION.— 
‘‘(1) Nothing in this Act shall be construed to 
impair or modify the legal relationship existing be-
tween any of any school, university, or institution re-
ceiving funds under this Act and the government of 
the State in which it is located. Nothing in this Act 
shall in any way be construed to authorize Federal 
control or direction of education at any school, uni-
versity, or institution. 
‘‘(2) The schools, universities, and institutions 
receiving funding under this Act shall make detailed 
reports to the Center on projects completed, in 
progress, or planned with funds provided under this 
Act. All such reports shall be available to the public 
on not less than an annual basis through the Center. 
‘‘(3) All uses, products, processes, and other de-
velopments resulting from any research, demonstra-
tion, or experiment funded in whole or in part under 
this Act shall be made available promptly to the gen-
eral public, subject to exception or limitation, if any, 
as the Secretary may find necessary in the interest 
of national security, and subject to the applicable 
Federal law governing patents. 
‘‘(f) LABS, PHYSICAL PLANT, TEACHING MINES AND 
DRILLING RIGS.— 
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‘‘(1) Funding under this Act may be used for 
proposals that will provide for maintaining or up-
grading of existing laboratories and laboratory 
equipment only with the express approval of the Sec-
retary. No funding for such maintenance or up grad-
ing may be used for university overhead expenses 
unless agreed to in advance by the Secretary. 
‘‘(2) Funding made available under this Act 
may be used for maintaining and upgrading mines 
and oil and gas drilling rigs owned by a school, uni-
versity, or institution described in this section that 
are used for undergraduate and graduate training 
and worker safety training. All requests for funding 
such mines and oil and gas drilling rigs must dem-
onstrate that they have been owned by the school, 
university, or institution for 5 years prior to the 
date of enactment of SEACOR and have been ac-
tively used for instructional or training purposes 
during that time. 
‘‘(3) No funds made available under this Act 
shall be used to purchase or lease any land or inter-
ests therein, or the rental, purchase, construction, 
preservation, or repair of any building. 
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‘‘SEC. 11. ADVISORY COMMITTEE. 
‘‘(a) ADVISORY COMMITTEE ESTABLISHED.—The 
Secretary shall establish and appoint a Committee on 
Science and Technology Education composed of the fol-
lowing: 
‘‘(1) The Assistant Secretary of the Interior re-
sponsible for land and minerals management and 18 
other persons who are knowledgeable in the fields of 
mining and mineral resources research, including 
two university administrators whom shall be from an 
institution with a recognized energy or mining 
school; a community or technical college adminis-
trator; a tribal college administrator; a career tech-
nical education educator; six representatives equally 
distributed from the petroleum, mining, and aggre-
gate industries; a working miner; a working oil field 
worker; a representative of the Interstate Oil and 
Gas Compact Commission; a representative from the 
Interstate Mining Compact Commission; a rep-
resentative of the State geologists; and two rep-
resentatives of the general public. In making these 
appointments, the Secretary shall consult with inter-
ested groups. 
‘‘(2) The Assistant Secretary for Land and 
Minerals Management, in the capacity of the Chair-
man of the Committee, may invite the representa-
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tives of any Federal agency with responsibility for 
energy and minerals resources to Committee meet-
ings to serve as technical advisors to the committee. 
The Assistant Secretary may also invite representa-
tives from the National Academies and the National 
Science Foundation to attend as observers and when 
appropriate as advisors. Neither advisors nor observ-
ers shall voting responsibilities. 
‘‘(3) Committee members shall be appointed for 
a term of 5 years, except that the regulations under 
which the Committee shall operate shall allow for 
the length of the initial appointments to be stag-
gered to ensure continuity of operations. Members 
appointed to the initial terms that may be less than 
five years may be reappointed by the Secretary. 
‘‘(b) DUTIES OF THE COMMITTEE.— 
‘‘(1) The Committee shall consult with, and 
make recommendations to, the Secretary on all mat-
ters relating to carrying out this Act, including rec-
ommending the approval of funding. The Secretary 
shall regularly consult with and carefully consider 
recommendations of the Committee in such matters. 
‘‘(2) When requested by the Secretary the com-
mittee shall review a program requesting funding 
that does not have a nationally recognized accredita-
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tion to determine the extent to which the requesting 
program meets the program criteria set out in this 
Act. Requesting programs shall be given an oppor-
tunity to review and comment on the program re-
views carried out the by Committee. 
‘‘(3) Following completion of the report re-
quired by section 385 of the Energy Policy Act of 
2005, the Committee shall consider the rec-
ommendations of the report, ongoing efforts in the 
schools, universities, and institutions receiving fund-
ing under this Act, the Federal and State Govern-
ments, and the private sector, and after receiving 
public comments on possible research directions, 
shall formulate and recommend to the Secretary a 
national plan for a program utilizing the fiscal re-
sources provided under this Act. The Committee 
shall submit such plan to the Secretary for approval. 
Upon approval, the plan shall guide the Secretary 
and the Committee in their actions under this Act 
for the subsequent 10 years. 
‘‘(4) The Committee shall review the reports 
work submitted to the Center pursuant to section 
10(e)(2) and seek public comments on the work 
being conducted. 
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‘‘(5) The Committee shall every 10 years review 
the research and development goals for this section, 
taking public comment and suggest to the Secretary 
appropriate and promising avenues for additional re-
search and development goals. If the Committee de-
termines that previously suggested avenues for re-
search are no longer providing useful results, they 
may recommend that these lines of research be dis-
continued. In conducting this review, the Committee 
shall seek the views of the National Academies and 
the National Science Foundation. 
‘‘(c) TRANSMISSION OF REPORTS.—The Secretary 
shall without further review by any other government 
agency, transmit the reports of the Committee together 
with the recommendations to the President of the Senate 
and the Speaker of the House of Representatives. 
‘‘(d) ORGANIZATION OF THE COMMITTEE.— 
‘‘(1) The Committee shall be chaired by the As-
sistant Secretary of the Interior responsible for land 
and minerals management. 
‘‘(2) The Committee shall also elect a Vice 
Chairman from among the members. The Vice 
Chairman shall perform such duties as are deter-
mined to be appropriate by the committee, except 
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that the Chairman of the Committee must person-
ally preside at all meetings of the full Committee. 
‘‘(3) The Committee may organize itself into 
such subcommittees and teams as the Committee 
may deem appropriate by a vote of the members 
present. 
‘‘(4) When the Committee is performing a re-
view under subsection (d), it may invite participants 
from the appropriate disciple or from nationally rec-
ognized accreditation organizations to participate as 
observers. 
‘‘(e) PROGRAM ACCREDITATION.— 
‘‘(1) To the extent practicable, the committee 
shall utilize self-reviews by programs seeking accred-
itation, which shall be coupled with a campus visits 
by an evaluation team 
‘‘(2) The evaluation team shall conduct an exit 
interview with the appropriate institutional officials, 
during which time the team shall provide the pre-
liminary results of the evaluation. The program 
being evaluated shall have 14 calendar days to cor-
rect any errors of fact communicated during the exit 
interview. The team will draft statement to be pro-
vided to the institution within 90 days of the end the 
visit. On receipt of the draft statement, the institu-
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tion has 30 days to respond to issues identified in 
the evaluation. After receiving the institutional com-
ments the team will prepare a final statement on the 
program under review along with a recommendation 
on accreditation action to the Committee within 60 
days. At the next scheduled meeting, the Committee 
shall review the report and recommendation and ad-
vise the Secretary in writing of the results together 
with a recommendation for final action by the Sec-
retary. A decision by the Secretary to grant accredi-
tation shall be good for 5 years. 
‘‘(3) A program will be determined to be a rec-
ognized program under this section, if the committee 
finds after review that the program has— 
‘‘(A) specific programmatic tracks for the 
relevant program for undergraduate or grad-
uate education (or both) and these pro-
grammatic tracks must be readily identifiably 
via name and curriculum requirements; 
‘‘(B) has a demonstrated record of pro-
ducing entry level practitioners and provides the 
applied skills necessary for successful careers in 
the relevant industry; 
‘‘(C) has a demonstrated record of active 
research in the relevant applied field; and 
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‘‘(D) places high priority on the recruit-
ment, support, retention and graduation of mi-
nority undergraduate and graduate students. 
‘‘(4) To qualify as a recognized program, the 
school or institution must have at least one tenured 
or tenure-track faculty member whose research is fo-
cused on the program of study applied for, and who 
is recognized by peers as a specialist in the appro-
priate applied discipline or holds a State-based pro-
fessional registration or certification that allows the 
holder to publicly practice the appropriate discipline. 
Peer-based-recognition shall be determined sufficient 
if the Secretary as advised by the Committee finds 
the peer recognition is based on a combination of 
educational achievement and work experience in the 
discipline. 
‘‘(5) Certification by a professional society in a 
particular discipline will constitute recognition if the 
Committee finds and the Secretary concurs that 
such a certification by a professional society requires 
that— 
‘‘(A) the individual to have been a practi-
tioner of the discipline for a specific period of 
time; 
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‘‘(B) the individual must be a graduate of 
recognized institution with a degree in the ap-
propriate discipline; and 
‘‘(C) the individual must be held to the so-
ciety’s enforceable code of ethics. 
‘‘SEC. 12. PROGRAM SCHOLARSHIPS & FELLOWSHIPS. 
‘‘(a) MERIT-BASED SCHOLARSHIPS.—The Secretary 
may establish by rules a program for providing merit- 
based scholarships for undergraduate education, graduate 
fellowships, and postdoctoral fellowships in the disciplines 
described sections 4, 5, and 6. All such scholarships, grad-
uate fellowships, and postdoctoral fellowships shall be 
awarded through the institutions receiving funding under 
this Act. 
‘‘(b) INSTITUTIONAL AWARDS OF SCHOLARSHIPS.— 
‘‘(1) An institution seeking funds under this 
subsection shall describe, in its application to the 
Secretary for funding, the number of students that 
would be awarded scholarships or fellowships if the 
application is approved, how such students would be 
selected, and how the provisions of this section will 
be enforced. 
‘‘(2) The Secretary shall award grants for 
scholarship and fellowships to schools, universities, 
and institutions that are eligible to receive funding 
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under this Act. A school, university, or institution 
receiving funding under this subsection shall be re-
sponsible for enforcing the requirements of this sec-
tion for scholarship or fellowship students and shall 
return to the Secretary any funds recovered from an 
individual under subsection (d). 
‘‘(c) QUALIFICATIONS FOR SCHOLARSHIPS AND FEL-
LOWSHIPS.—In order to receive a scholarship or a grad-
uate fellowship, an individual student must be a lawful 
permanent resident of the United States or a United 
States citizen and must agree in writing to complete a 
course of studies and receive a degree in chemical, petro-
leum, mining, or mineral engineering, petroleum geology, 
geothermal geology, mining and economic geology, petro-
leum and mining geophysics, or mineral economics that 
is focused on the exploration, development and production 
of energy and mineral resources as set forth in this Act. 
‘‘(d) DUTIES OF SCHOLARSHIP AND FELLOWSHIP 
RECIPIENTS.—The regulations required by this Act shall 
require that an individual, in order to retain a scholarship 
or graduate fellowship, must continue in one of the course 
of studies listed in subsection (c), must remain in good 
academic standing, as determined by the school, institu-
tion, or university, and must allow for reinstatement of 
the scholarship or graduate fellowship by the Secretary, 
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upon the recommendation of the school or institution. 
Such regulations may also provide for recovery of funds 
from an individual who fails to complete any of the courses 
of study listed in subsection (c) after notice that such com-
pletion is a requirement of receipt funding under this Act. 
‘‘SEC. 13. ANNUAL FUNDING. 
‘‘From the amounts transferred to the Secretary 
under section 225(a)(5)(B) of SEACOR, the Secretary 
shall annually allocate the following: 
‘‘(1) For research and development under sec-
tions 4, 5, and 6, not less than 50 percent nor more 
than 60 percent of such amounts, to be divided 
equally among the three sections. 
‘‘(2) For scholarships established by section 7, 
not less than 3 percent nor more than 5 percent of 
such amounts, to be divided equally between scholar-
ships offered under subsections (a) and (b). 
‘‘(3) For career technical education programs 
under section 8, not less than 32 percent nor more 
than 37 percent of such amounts. 
‘‘(4) For scholarships established by section 12, 
not less than 5 percent nor more than 8 percent of 
such amounts. 
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‘‘SEC. 14. STUDIES. 
‘‘(a) REPORT ON ENERGY AND MINERAL POLICY 
LEADERSHIP IN THE EXECUTIVE BRANCH.— 
‘‘(1) Within 180 days of the date of enactment 
of SEACOR, the Secretary of the Interior from ex-
isting funds shall provide funding to the National 
Academy of Public Administration. 
‘‘(2) The National Academy of Public Adminis-
tration shall— 
‘‘(A) use the funds to conduct an analysis 
and prepare a report on the State of Energy 
and Mineral Policy Leadership within the Exec-
utive Branch; and 
‘‘(B) upon completion of the report, trans-
mit that report together with its recommenda-
tions to the President of the Senate and the 
Speaker of the House of Representatives. 
‘‘(3) In preparing the report, the Academy 
shall— 
‘‘(A) provide a complete description of the 
executive branch organization of existing energy 
and mineral inventory, assessment, and man-
agement agencies and bureaus, which shall fur-
ther identify all policy; 
‘‘(B) analyze the operation of the existing 
executive branch organizations, paying careful 
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182 
the demographics and sustainability Federal en-
ergy and mineral workforce; 
‘‘(C) examine how well executive branch 
agencies focus on cross-agency matters related 
to national defense, finance and capital forma-
tion, taxation, and workforce, in addition to 
how well the agencies inventory, evaluate, and 
manage to access to energy and mineral re-
sources; 
‘‘(D) examine the placement and utiliza-
tion of mineral and energy economic analysis 
functions within the executive branch; 
‘‘(E) examine the present location of the 
energy and mineral information collection func-
tions in the executive branch; 
‘‘(F) examine the impacts of the closure of 
the Bureau of Mines on the development and 
implementation of executive branch mineral pol-
icy; 
‘‘(G) examine energy and minerals policy 
making organizations in the Federal, provincial, 
and State governments of Canada and Aus-
tralia and any other countries deemed appro-
priate by the Academy; 
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183 
‘‘(H) examine the impacts of centralizing 
all energy and mineral functions within the ex-
ecutive branch, taking into account the re-
sources needed to operate and manage a cen-
tralized organization fully capable of energy and 
mineral policy setting, commodity information 
gathering, resource inventory activities, eco-
nomic assessment and evaluation activities, and 
the management of all aspects reasonably re-
lated to granting access to federally owned en-
ergy and mineral resources; and 
‘‘(I) advise the Congress of the Academy’s 
recommendations for improving coordination of 
executive branch function including but not lim-
ited to centralizing of functions.’’. 
SEC. 226. OCS REGIONAL HEADQUARTERS. 
Not later than July 1, 2011, the Secretary of the In-
terior shall establish the headquarters for the Atlantic 
OCS Region and the headquarters for the Pacific OCS 
Region within a State bordering the Atlantic OCS Region, 
and a State bordering the Pacific OCS Region, respec-
tively, from among the States bordering those Regions 
that petitions by no later than January 1, 2011, for leas-
ing, for oil and gas or natural gas, covering at least 40 
percent of the area of their respective Adjacent Zones 
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184 
within 75 miles of the coastline. Such Atlantic and Pacific 
OCS Regions headquarters shall be located within 25 
miles of the coastline and each Minerals Management 
Service OCS regional headquarters shall be the permanent 
duty station for all Minerals Management Service per-
sonnel that on a daily basis spend on average 60 percent 
or more of their time in performance of duties in support 
of the activities of the respective Region, except that the 
Minerals Management Service may house regional inspec-
tion staff in other locations. Each OCS Region shall each 
be led by a Regional Director who shall be an employee 
within the Senior Executive Service. 
SEC. 227. FREEDOM FUELS ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Freedom Fuels Act’’. 
(b) PURPOSES.—The purpose of this section is to— 
(1) establish a fund to provide funding for the 
management of geologic programs, geophysical and 
other seismic studies, seismic monitoring programs, 
and the preservation and use of geologic and geo-
physical data, geothermal and geopressure energy 
renewable resource management, unconventional en-
ergy resources management, and renewable energy 
management associated with ocean wave, tidal, cur-
rent, and thermal resources; 
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185 
(2) make available receipts derived from sales, 
bonus bids, royalties, and fees from onshore and off-
shore gas, minerals, oil, other sources of funds, and 
any additional form of energy exploration and devel-
opment under the laws of the United States for the 
purposes of such fund; 
(3) distribute funds from such fund each fiscal 
year to the Secretary of the Interior; and 
(4) use the distributed funds to manage activi-
ties conducted under this section, and to secure the 
necessary trained workforce, contractual services, 
and other support, including maintenance and cap-
ital investments, to perform the functions and activi-
ties described in paragraph (1). 
(c) DEFINITIONS.—In this section: 
(1) FREEDOM FUELS FUND.—The term ‘‘Free-
dom Fuels Fund’’ means the Freedom Fuels Fund 
established by subsection (d). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(d) ESTABLISHMENT AND USE OF THE FREEDOM 
FUELS FUND.— 
(1) FREEDOM FUELS FUND.—There is estab-
lished in the Treasury a separate account to be 
known as the ‘‘Freedom Fuels Fund’’. 
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186 
(2) FUNDING.—The Secretary of the Treasury 
shall deposit in the Freedom Fuels Fund— 
(A) such sums as are provided by sections 
9(b)(5)(A)(v) and 9(b)(5)(B)(v) of the Outer 
Continental Shelf Lands Act, as amended by 
this Act; 
(B)(i) during the period of October 1, 
2008, through September 30, 2018, one percent 
of all sums paid into the Treasury under sec-
tion 35 of the Mineral Leasing Act (30 U.S.C. 
191); and 
(ii) beginning October 1, 2018, and there-
after, 2.5 percent of all sums paid into the 
Treasury under section 35 of the Mineral Leas-
ing Act (30 U.S.C. 191); 
(C)(i) during the period of October 1, 
2008, through September 30, 2018, one percent 
of all sums paid into the Treasury from receipts 
derived from bonus bids, royalties, rentals, and 
other receipts from other mineral and energy 
leasing, rights, easements, and other permis-
sions to operate on public lands; and 
(ii) beginning October 1, 2018, and there-
after, 2.5 percent of all sums paid into the 
Treasury from receipts derived from bonus bids, 
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187 
royalties, rentals, and other receipts from other 
mineral and energy leasing, rights, easements, 
and other permissions to operate on public 
lands; 
(D) donations to the Fund; 
(E) such sums as are provided by section 
236 of the State Enhanced Authority for Coast-
al and Ocean Resources Act of 2008; and 
(F) such sums as are provided by sub-
section (u) of section 8 of the Outer Conti-
nental Shelf Lands Act and section 235 of the 
State Enhanced Authority for Coastal and 
Ocean Resources Act of 2008. 
(3) INVESTMENTS.—The Secretary of the 
Treasury shall invest the amounts deposited under 
paragraph (2), and all accrued interest thereon, only 
in interest bearing obligations of the United States 
or in obligations guaranteed as to both principal and 
interest by the United States. 
(4) DONATIONS.—The Secretary of the Interior 
may solicit and accept donations of funds for deposit 
into the Freedom Fuels Fund. Donors may des-
ignate which subsection(s) of this section that will be 
funded by their donation, and the allocation of funds 
to each. 
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188 
(5) AVAILABILITY TO THE SECRETARY OF THE 
INTERIOR.— 
(A) IN GENERAL.—Beginning with fiscal 
year 2009, and in each fiscal year thereafter, 
the amounts deposited into the Freedom Fuels 
Fund, unless otherwise specified in this section, 
together with the interest thereon, shall be 
available, without further appropriation and 
without fiscal year limitation, to the Secretary 
for use for the purposes described in this sec-
tion. 
(B) WITHDRAWALS
AND
TRANSFER
OF 
FUNDS.—The Secretary of the Treasury shall 
withdraw such amounts from the Freedom 
Fuels Fund as the Secretary of the Interior 
may request and transfer such amounts to the 
Secretary of the Interior to be used, at the dis-
cretion of the Secretary of the Interior, by the 
Minerals Management Service, the Bureau of 
Land Management, the United States Geologi-
cal Survey, and others as the Secretary may 
designate, for the purposes described in this 
section. No funds distributed from the Freedom 
Fuels Fund may be used to purchase an inter-
est in land. 
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189 
(e) FREEDOM FUELS STRATEGIC UNCONVENTIONAL 
RESOURCES PROGRAM.— 
(1) PROGRAM.—The Secretary shall establish a 
program for production of liquid fuels from strategic 
unconventional resources, and production of oil and 
gas resources using advanced CO2 enhanced recov-
ery. The program shall focus initially on activities 
and domestic resources most likely to result in sig-
nificant production in the near future, and shall in-
clude work necessary to improve extraction tech-
niques, including surface and in situ operations. The 
program shall include characterization and assess-
ment of potential resources, a sampling program, 
appropriate laboratory and other analyses and test-
ing, and assessment of methods for exploration and 
development of these strategic unconventional re-
sources. Not less than 20 percent of the funds shall 
be used for advanced CO2 enhanced recovery tech-
nology activities. 
(2) PILOT PROJECTS.—The program created in 
paragraph (1) shall include, but not be limited to, 
pilot projects for— 
(A) Texas and New Mexico, 
(B) Oklahoma, Arkansas, and Louisiana, 
(C) Colorado, Utah, and Wyoming, 
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(D) Alabama, Mississippi, and Tennessee, 
(E) Kentucky, West Virginia, Pennsyl-
vania, New York, and Ohio, 
(F) Indiana, Illinois, Michigan, Wisconsin, 
and Minnesota, 
(G) California, Arizona, and Nevada, 
(H) Alaska, 
(I) Oregon, Washington, Idaho, and Mon-
tana, 
(J) North Dakota, South Dakota, Kansas, 
Missouri, and Nebraska, 
(K) Connecticut, Rhode Island, Massachu-
setts, New Hampshire, Vermont, Maine, and 
New Jersey, and 
(L) Delaware, Maryland, Virginia, North 
Carolina, South Carolina, Georgia, Florida, 
Puerto Rico, and the remaining commonwealths 
and territories. 
For purposes of this subsection, the term ‘‘State’’ 
shall include the State and its OCS Adjacent Zone, 
if any. The Secretary shall provide grants to con-
sortia of Federal energy laboratories, universities, 
States, and private persons, in coordination with 
designated bureaus of the Department of the Inte-
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191 
rior, to implement the pilot projects under this sub-
section. 
(3) DEFINITIONS.—In this subsection: 
(A) STRATEGIC
UNCONVENTIONAL
RE-
SOURCES.—The term ‘‘strategic unconventional 
resources’’ means hydrocarbon resources, in-
cluding heavy oil, oil shale, tar sands, and coal 
deposits, Alaska natural gas, gas hydrates, 
other unconventional natural gas, and stranded 
oil in declining reservoirs, from all of which liq-
uid fuels may be produced. 
(B) IN SITU EXTRACTION METHODS.—The 
term ‘‘in situ extraction methods’’ means recov-
ery techniques that are applied to the resources 
while they are still in the ground, and are in 
commercial use or advanced stages of develop-
ment. Such techniques include, but are not lim-
ited to, steam flooding, steam-assisted gravity 
drainage (including combination with electric 
power generation where appropriate), cyclic 
steam stimulation, air injection, CO2 flooding, 
and chemical treatment. 
(4) FUNDING.—The Secretary shall carry out 
the program for the production of strategic uncon-
ventional fuels with funds from the Freedom Fuels 
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Fund in each of fiscal years 2009 through 2018, 
and each fiscal year thereafter in the discretion of 
the Secretary, in the amount of not less than 
$100,000,000 per year. Each pilot project shall be 
allocated not less than $4,000,000 nor more than 
$12,000,000 per year in each of fiscal years 2009 
through 2018. The Secretary shall determine the 
amount to be allocated to each pilot project based on 
(A) the relative strategic unconventional resources 
potential in the pilot project area, and (B) the per-
ceived ability of the pilot project to move the greater 
amount of those resources to production within the 
shortest period of time. Not less than 60 percent of 
the funds allocated to each pilot project shall be pro-
vided to universities that are members of the con-
sortia for the pilot project, and not less than 20 per-
cent of the funds for each pilot project shall be pro-
vided to Federal energy laboratories. The Secretary 
shall encourage the consortia to seek donations and 
State funding in support of their activities. 
(5) REPORT TO CONGRESS.—Not later than 2 
years after enactment of this Act, the Secretary 
shall identify and report to Congress on feasible in-
centives to foster recovery of unconventional fuels by 
private industry within the United States. Such in-
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centives may include, but are not limited to, long- 
term contracts for the purchase of unconventional 
fuels for defense or civilian purposes (or both), Fed-
eral grants and loan guarantees for necessary capital 
expenditures, and favorable terms for the leasing of 
Government lands containing unconventional re-
sources. 
(f) SUPPORT OF GEOTHERMAL AND GEOPRESSURE 
OIL AND GAS ENERGY PRODUCTION.— 
(1) IN
GENERAL.—The Secretary shall carry 
out a grant program in support of geothermal and 
geopressure oil and gas energy production. The pro-
gram shall include grants for a total of not less than 
nine assessments of the use of innovative geothermal 
techniques such as organic Rankine cycle systems at 
marginal, unproductive, and productive oil and gas 
wells, and not less than three assessments of the use 
of innovative geopressure techniques. The Secretary 
shall, to the extent practicable and in the public in-
terest, make awards that— 
(A) include not less than five oil or gas 
well sites per project award; 
(B) use a range of oil or gas well hot water 
source temperatures from 150 degrees Fahr-
enheit to 300 degrees Fahrenheit; 
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194 
(C) use existing or new oil or gas wells; 
(D) cover a range of sizes from 175 kilo-
watts to one megawatt; 
(E) are located at a range of sites includ-
ing tribal lands, Federal lease, State, or pri-
vately owned sites; 
(F) can be replicated at a wide range of 
sites; 
(G) facilitate identification of optimum 
techniques among competing alternatives; 
(H) include business commercialization 
plans that have the potential for production of 
equipment at high volumes and operation and 
support at a large number of sites; and 
(I) satisfy other criteria that the Secretary 
determines are necessary to carry out the pro-
gram. 
The Secretary shall give preference to assessments 
that address multiple elements contained in subpara-
graphs (A) through (I). 
(2) GRANT AWARDS.—Each grant award for as-
sessment of innovative geothermal or geopressure 
technology such as organic Rankine cycle systems at 
oil and gas wells made by the Secretary under this 
section shall include— 
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195 
(A) necessary and appropriate site engi-
neering study; 
(B) detailed economic assessment of site 
specific conditions; 
(C) appropriate feasibility studies to deter-
mine ability for replication; 
(D) design or adaptation of existing tech-
nology for site specific circumstances or condi-
tions; 
(E) installation of equipment, service, and 
support; and 
(F) monitoring for a minimum of one year 
after commissioning date. 
(3) COMPETITIVE GRANT SELECTION.—Not less 
than 180 days after the date of the enactment of 
this Act, the Secretary shall conduct a national solic-
itation for applications for grants under the pro-
gram. Grant recipients shall be selected on a com-
petitive basis based on criteria in subsection (b). 
(4) FEDERAL SHARE.—The Federal share of 
costs of grants under this subsection shall be pro-
vided from funds made available to carry out this 
section. The Federal share of the cost of a project 
carried out with such a grant shall not exceed 50 
percent of such cost. 
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196 
(5) FUNDING.—The Secretary shall carry out 
the grant program under this subsection with funds 
from the Freedom Fuels Fund in each of fiscal 
years 2009 through 2018, and in each fiscal year 
thereafter in the discretion of the Secretary, in the 
amount of not less than $10,000,000 each fiscal 
year. No funds authorized under this section may be 
used for the purposes of drilling new wells. 
(6) AMENDMENT.—Section 4 of the Geothermal 
Steam Act of 1970 (30 U.S.C. 1003) is amended by 
adding at the end the following: 
‘‘(h) GEOTHERMAL AND GEOPRESSURE RESOURCES 
CO-PRODUCED WITH THE MINERALS.—Any person who 
holds a lease or who operates a cooperative or unit plan 
under the Mineral Leasing Act or the Outer Continental 
Shelf Lands Act, in the absence of an existing lease for 
geothermal resources under either of those Acts, shall 
upon notice to the Secretary have the right to utilize any 
geothermal or geopressure resources co-produced with the 
minerals for which the lease was issued during the oper-
ation of that lease or cooperative or unit plan, for the gen-
erating of electricity to operate the lease. Any electricity 
that is produced in excess of that which is required to op-
erate the lease and that is sold for purposes outside of 
the boundary of the lease shall be subject to the require-
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197 
ments of section 5. The lessee may continue the lease, 
without further payment except royalties, for the sole pur-
pose of the production of geothermal or geopressure re-
sources (or both) after the other minerals have ceased pro-
duction in paying quantities.’’. 
(g) FREEDOM FUELS FEED GRANT PROGRAM.— 
(1) FEED GRANT PROGRAM.—The Secretary of 
the Interior shall establish a grant program for 
FEED grants for projects for coal-to-liquids, petro-
leum coke-to-liquids, oil shale, tar sands, and Alaska 
natural gas-to-liquids and the production of low-rank 
coal water fuel (in this subsection referred to as 
‘‘LRCWF’’). 
(2) DEFINITIONS.—In this subsection: 
(A) FRONT-END
ENGINEERING
AND
DE-
SIGN.—The terms ‘‘front-end engineering and 
design’’ and ‘‘FEED’’ mean those expenditures 
necessary to engineer, design, and obtain per-
mits for a facility for a particular geographic lo-
cation that will utilize a process or technique to 
produce liquid fuels from coal, petroleum coke, 
oil shale, tar sands, and Alaska natural gas re-
sources. 
(B) LOW-RANK COAL WATER FUEL.—The 
term ‘‘low-rank coal water fuel’’ means a liquid 
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fuel produced from hydrothermal treatment of 
lignite and sub-bituminous coals. 
(3) GRANT PROVISIONS.—All grants shall re-
quire a 50 percent non-Federal cost share. The first 
4 FEED grant recipients who receive full project 
construction financing commitments, based on ear-
liest calendar date, shall not be required to repay 
any of their grants. The next 4 FEED grant recipi-
ents who receive such commitments shall be required 
to repay 25 percent of the grant. The next 4 FEED 
grant recipients who receive such commitments shall 
be required to repay 50 percent of the grant, and 
the remaining FEED grant recipients shall be re-
quired to repay 75 percent of the grant. Any re-
quired repayment shall be paid as part of the closing 
process for any construction financing relating to 
the grant. No repayment shall require the payment 
of interest if repaid within 5 years of the issuance 
of the grant. FEED grants shall be limited to a 
maximum of $1,000,000 per 1,000 barrels per day 
of liquid fuels production capacity, not to exceed $20 
million each. The Secretary shall fund at least 4 
FEED grants for each of coal-to-liquids and oil 
shale; and at least 2 FEED grants for each of tar 
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226 
the right for a consistency review for these same activities 
on tracts partially or wholly beyond 75 miles from the 
coastline. 
(c) APPLICATION OF CONSISTENCY TO EXPLORATION 
PLANS.—Section 307 of the Coastal Zone Management 
Act of 1972 shall only apply to actions on exploration 
plans under the authority of section 11 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1340), and all other 
Federal permits necessary for their implementation, for 
leased tracts, or units if unitized, wholly within 35 miles 
of the coastline. Further, consistency review only applies 
to the first exploration plan per lease tract, or unit if unit-
ized, and only the Adjacent State may review an explo-
ration plan for consistency. 
(d) APPLICATION OF CONSISTENCY TO DEVELOP-
MENT
AND PRODUCTION PLANS.—Section 307 of the 
Coastal Zone Management Act of 1972 shall only apply 
to actions on development and production plans under the 
authority of section 25 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1351), and all other Federal per-
mits necessary for their implementation, as follows: 
(1) FOR LEASED TRACTS, OR UNITS IF UNIT-
IZED, WHOLLY WITHIN 75 MILES OF THE COAST-
LINE.—For leased tracts, or units if unitized, wholly 
within 75 miles of the coastline, only the Adjacent 
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State and the State into which the oil or natural gas 
(or both) will be transported may review the develop-
ment and production plan for consistency. The Adja-
cent State may review the consistency of the entire 
project, and the State receiving the oil or natural 
gas (or both) may only review the transportation as-
pects of the project outside of the leased tract, or 
unit if unitized. 
(2) FOR LEASED TRACTS, OR UNITS IF UNIT-
IZED, PARTIALLY OR WHOLLY BEYOND 75 MILES OF 
THE
COASTLINE.—Development 
and 
production 
plans for leased tracts, or units if unitized, partially 
or wholly beyond 75 miles of the coastline are not 
subject to consistency review except by the State 
into which the oil or natural gas (or both) will be 
transported. That State may only review the trans-
portation aspects of the project outside of the leased 
tract, or unit if unitized. 
(e) DETERMINATION OF COMPLETENESS OF CON-
SISTENCY CERTIFICATION.—The Secretary of the Interior 
has the authority to determine, for purposes of section 307 
of the Coastal Zone Management Act of 1972, whether 
a lessee, or group of lessees, has submitted a complete con-
sistency certification, including necessary data and infor-
mation, for exploration or development and production 
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plans proposed under the authority of the Outer Conti-
nental Shelf Lands Act. 
(f) STANDARD OF REVIEW.—Exploration or develop-
ment and production plans proposed under the authority 
of the Outer Continental Shelf Lands Act shall only be 
reviewed for consistency under section 307 of the Coastal 
Zone Management Act of 1972 using the standard of 
whether it is reasonably foreseeable that activities to be 
conducted under the plan will directly cause significant ef-
fects in the coastal zone of the reviewing State. 
SEC. 240. OIL SPILL RESPONSE PLANS. 
(a) REVIEW OF OIL SPILL RESPONSE PLAN APPROV-
ALS.—Any action of the Secretary of the Interior to ap-
prove oil spill response plans under the Oil Pollution Act 
of 1990 shall only be subject to judicial review under the 
provisions applicable to actions subject to section 23(c)(2) 
of the Outer Continental Shelf Lands Act (43 U.S.C. 
1349(c)(2)). 
(b) ISSUANCE
OF 5-YEAR OIL SPILL RESPONSE 
PLANS.—The Secretary of the Interior shall develop and 
issue 5-year oil spill response plans for each outer Conti-
nental Shelf Planning Area upon request by a lessee or 
association of lessees. 
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