the date of the approval of the plan, in which case an 
environmental impact statement shall be required.’’. 
SEC. 13. REVIEW OF OUTER CONTINENTAL SHELF DEVEL-
OPMENT AND PRODUCTION PLANS. 
Section 25 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1351(a)) is amended to read as follows: 
‘‘SEC. 25. REVIEW OF OUTER CONTINENTAL SHELF DEVEL-
OPMENT AND PRODUCTION PLANS. 
‘‘(a) DEVELOPMENT AND PRODUCTION PLANS; SUB-
MISSION TO SECRETARY; STATEMENT OF FACILITIES AND 
OPERATION; SUBMISSION TO GOVERNORS OF AFFECTED 
STATES AND LOCAL GOVERNMENTS.— 
‘‘(1) Prior to development and production pursu-
ant 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 development 
and production plan (hereinafter in this section re-
ferred to as a ‘plan’) to the Secretary for review. 
‘‘(2) A plan shall be accompanied by a statement 
describing all facilities and operations, other than 
those on the outer Continental Shelf, proposed by the 
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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 production of oil or 
gas from the lease area, including the location and 
site of such facilities and operations, the land, labor, 
material, and energy requirements associated with 
such facilities and operations, and all environmental 
and safety safeguards to be implemented. 
‘‘(3) Except for any privileged or proprietary in-
formation (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 Deep Ocean Energy Resources Act of 2006, 
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 
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be carried out in accordance with a plan that complies with 
the requirements of this section. This section shall also 
apply to leases that do not have an approved development 
and production plan as of the date of enactment of the Deep 
Ocean Energy Resources Act of 2006. 
‘‘(c) SCOPE AND CONTENTS OF PLAN.—A plan may 
apply to more than one oil and gas lease, and shall set forth, 
in the degree of detail established by regulations issued by 
the Secretary— 
‘‘(1) the general work to be performed; 
‘‘(2) a description of all facilities and operations 
located on the outer Continental Shelf that are pro-
posed by the lessee or known by the lessee (whether or 
not owned or operated by such lessee) to be directly 
related to the proposed development, including the lo-
cation and size of such facilities and operations, and 
the land, labor, material, and energy requirements as-
sociated with such facilities and operations; 
‘‘(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 
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‘‘(6) such other relevant information as the Sec-
retary may by regulation require. 
‘‘(d) COMPLETENESS REVIEW OF THE PLAN.— 
‘‘(1) Prior to commencing any activity under a 
development and production plan pursuant to any oil 
and gas lease issued or maintained under this Act, 
the lessee shall certify that the plan is consistent with 
the terms of the lease and that it is consistent with 
all statutory and regulatory requirements in effect on 
the date of issuance of the lease, and any regulations 
promulgated under this Act related to the conserva-
tion of resources after the date of lease issuance. The 
plan shall include all required information and docu-
mentation required under subsection (c). 
‘‘(2) The Secretary shall review the plan for com-
pleteness within 30 days of submission. If the Sec-
retary finds that the plan is not complete, the Sec-
retary shall notify the lessee with a detailed expla-
nation of such modifications of such plan as are nec-
essary to achieve completeness. The Secretary shall 
have 30 days to review a modified plan for complete-
ness. 
‘‘(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 
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review of the plan, to ensure that it is consistent with 
the terms of the lease, and that it is consistent with 
all such statutory and regulatory requirements appli-
cable to the lease. The review shall ensure that the 
plan is consistent with lease terms, and statutory and 
regulatory requirements applicable to the lease, re-
lated to national security or national defense, includ-
ing any military operating stipulations or other re-
strictions. The Secretary shall seek the assistance of 
the Department of Defense in the conduct of the re-
view 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 review of 
any plan prepared under this section for any other 
lease when the Secretary of Defense requests an oppor-
tunity to participate in the review. If the Secretary 
finds that the plan is not consistent, the Secretary 
shall notify the lessee with a detailed explanation of 
such modifications of such plan as are necessary to 
achieve consistency. 
‘‘(2) The Secretary shall have 120 days to review 
a modified plan. 
‘‘(3) The lessee shall not conduct any activities 
under the plan during any 120-day review period, or 
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thereafter until the plan has been modified to achieve 
compliance as so notified. 
‘‘(4) After review by the Secretary provided for 
by this section, a lessee may operate pursuant to the 
plan without further review or approval by the Sec-
retary. 
‘‘(f) REVIEW OF REVISION OF THE APPROVED PLAN.— 
The lessee may submit to the Secretary any revision of a 
plan if the lessee determines that such revision will lead 
to greater recovery of oil and natural gas, improve the effi-
ciency, 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 incon-
sistent with the provisions of this Act, to the extent such 
revision is consistent with protection of the human, marine, 
and coastal environments. The process to be used for the 
review of any such revision shall be the same as that set 
forth in subsections (d) and (e). 
‘‘(g) CANCELLATION OF LEASE ON FAILURE TO SUB-
MIT PLAN OR COMPLY WITH A PLAN.—Whenever the owner 
of any lease fails to submit a plan in accordance with regu-
lations issued under this section, or fails to comply with 
a plan, the lease may be canceled in accordance with section 
5(c) and (d). Termination of a lease because of failure to 
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comply with a plan, including required modifications or 
revisions, shall not entitle a lessee to any compensation. 
‘‘(h) PRODUCTION AND TRANSPORTATION OF NATURAL 
GAS; SUBMISSION OF PLAN TO FEDERAL ENERGY REGU-
LATORY COMMISSION; IMPACT STATEMENT.—If any devel-
opment and production plan submitted to the Secretary 
pursuant to this section provides for the production and 
transportation of natural gas, the lessee shall contempora-
neously submit to the Federal Energy Regulatory Commis-
sion 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 state-
ment 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 envi-
ronment of implementing it. Thereafter, the findings and 
recommendations by the agency preparing such environ-
mental impact statement or conducting such studies pursu-
ant to such agreement shall be adopted by the other agency, 
and such other agency shall not independently prepare an-
other 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 application for a certificate of public 
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convenience and necessity applicable to such transportation 
facilities pursuant to section 7 of the Natural Gas Act (15 
U.S.C. 717f), may prepare such environmental studies or 
statement relevant to certification of such transportation fa-
cilities as have not been covered by an environmental im-
pact statement or studies prepared by the Secretary. The 
Secretary, in consultation with the Federal Energy Regu-
latory Commission, shall promulgate rules to implement 
this subsection, but the Federal Energy Regulatory Com-
mission shall retain sole authority with respect to rules and 
procedures applicable to the filing of any application with 
the Commission and to all aspects of the Commission’s re-
view of, and action on, any such application.’’. 
SEC. 14. FEDERAL ENERGY NATURAL RESOURCES EN-
HANCEMENT FUND ACT OF 2006. 
(a) FINDINGS.—The Congress finds the following: 
(1) Energy and minerals exploration, develop-
ment, and production on Federal onshore and offshore 
lands, including bio-based fuel, natural gas, minerals, 
oil, geothermal, and power from wind, waves, cur-
rents, and thermal energy, involves significant out-
lays of funds by Federal and State wildlife, fish, and 
natural resource management agencies for environ-
mental studies, planning, development, monitoring, 
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and management of wildlife, fish, air, water, and 
other natural resources. 
(2) State wildlife, fish, and natural resource 
management agencies are funded primarily through 
permit and license fees paid to the States by the gen-
eral public to hunt and fish, and through Federal ex-
cise 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 develop-
ment 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 re-
sources related to energy and minerals development 
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 Inte-
rior. 
(6) None of the receipts derived from sales, bonus 
bids, and royalties under the minerals leasing laws of 
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the United States are paid to the Federal or State 
agencies to examine, monitor, and manage wildlife, 
fish, air, water, and other natural resources related to 
natural gas, oil, and mineral exploration and devel-
opment. 
(b) PURPOSES.—It is the purpose of this section to— 
(1) establish a fund for the monitoring and man-
agement of wildlife and fish, and their habitats, and 
air, water, and other natural resources related to en-
ergy and minerals development on Federal onshore 
and offshore lands; 
(2) make available receipts derived from sales, 
bonus bids, royalties, and fees from onshore and off-
shore 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 and the States; 
and 
(4) use the distributed funds to secure the nec-
essary trained workforce or contractual services to 
conduct environmental studies, planning, develop-
ment, monitoring, and post-development management 
of wildlife and fish and their habitats and air, water, 
and other natural resources that may be related to 
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bio-based fuel, gas, mineral, oil, wind, or other energy 
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 resources, 
including activities under the Endangered Spe-
cies 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: 
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(1) ENHANCEMENT FUND.—The term ‘‘Enhance-
ment Fund’’ means the Federal Energy Natural Re-
sources Enhancement Fund established by subsection 
(d). 
(2) STATE.—The term ‘‘State’’ means the Gov-
ernor of the State. 
(d) ESTABLISHMENT AND USE OF FEDERAL ENERGY 
NATURAL RESOURCES ENHANCEMENT FUND.— 
(1) ENHANCEMENT FUND.—There is established 
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)(ii), 9(b)(5)(B)(ii), 9(c)(4)(A)(ii), and 
9(c)(4)(B)(ii) of the Outer Continental Shelf 
Lands Act, as amended by this Act; 
(B)(i) during the period of October 1, 2006, 
through September 30, 2015, one percent of all 
sums paid into the Treasury under section 35 of 
the Mineral Leasing Act (30 U.S.C. 191), and 
(ii) beginning October 1, 2015, 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); and 
(C)(i) during the period of October 1, 2006, 
through September 30, 2015, one percent of all 
sums paid into the Treasury from receipts de-
rived from bonus bids and royalties from other 
mineral leasing on public lands, and 
(ii) beginning October 1, 2015, and there-
after, 2.5 percent of all sums paid into the 
Treasury from receipts derived from bonus bids 
and royalties from other mineral leasing on pub-
lic lands. 
(3) INVESTMENTS.—The Secretary of the Treas-
ury shall invest the amounts deposited under para-
graph (2) and all accrued interest on the amounts de-
posited under paragraph (2) only in interest bearing 
obligations of the United States or in obligations 
guaranteed as to both principal and interest by the 
United States. 
(4) PAYMENT
TO
SECRETARY
OF
THE
INTE-
RIOR.— 
(A) IN
GENERAL.—Beginning with fiscal 
year 2007, and in each fiscal year thereafter, 
one-third of amounts deposited into the Enhance-
ment Fund, together with the interest thereon, 
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shall be available, without fiscal year limita-
tions, to the Secretary of the Interior for use for 
the purposes described in (b)(4). 
(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 (A), and trans-
fer such amounts to the Secretary of the Interior 
to be used, at the discretion of the Secretary of 
the Interior, by the Minerals Management Serv-
ice, the Bureau of Land Management, and the 
United States Fish and Wildlife Service for use 
for the purposes described in subsection (b)(4). 
(5) PAYMENT TO STATES.— 
(A) IN
GENERAL.—Beginning with fiscal 
year 2007, and in each fiscal year thereafter, 
two-thirds of amounts deposited into the En-
hancement Fund, together with the interest there-
on, shall be available, without fiscal year limita-
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-
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draw amounts from the Enhancement Fund and 
transfer such amounts to the States based on the 
proportion of all receipts that were collected the 
previous fiscal year from Federal leases within 
the boundaries of each State and each State’s 
outer Continental Shelf Adjacent Zone as deter-
mined 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 
(b)(4). 
(D) ENCOURAGE USE OF PRIVATE FUNDS BY 
STATE.—Each State shall use the payments 
made under subparagraph (B) to leverage pri-
vate funds for carrying out projects for the pur-
poses described in (b)(4). 
(e) LIMITATION ON USE.—Amounts 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 2008 
and continuing for each fiscal year thereafter, the 
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Secretary of the Interior and each State receiving 
funds from the Enhancement Fund shall submit a re-
port to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Resources 
of the House of Representatives. 
(2) 
REQUIRED
INFORMATION.—Reports 
sub-
mitted to the Congress by the Secretary of the Interior 
and States under this subsection shall include the fol-
lowing information regarding expenditures during the 
previous fiscal year: 
(A) A summary of pertinent scientific re-
search and surveys conducted to identify impacts 
on wildlife, fish, and other natural resources 
from energy and mineral developments. 
(B) A summary of projects planned and 
completed to maintain, improve or enhance wild-
life 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 
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plans and programs identified in paragraphs 
(2)(A) and (2)(B). 
SEC. 15. TERMINATION OF EFFECT OF LAWS PROHIBITING 
THE SPENDING OF APPROPRIATED FUNDS 
FOR CERTAIN PURPOSES. 
All provisions of existing Federal law prohibiting the 
spending of appropriated 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. 
SEC. 16. 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 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. 17. 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, if the Secretary finds that such lease qualifies 
for repurchase and cancellation under the regulations au-
thorized 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 repur-
chase and cancellation, and the process to be followed re-
garding repurchase and cancellation. Such regulation shall 
include, but not be limited to, the following: 
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(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 approval 
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 time-frame associated with 
the requested action, whether advisory or manda-
tory, 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. 
(2) A lessee shall not be required to exhaust ad-
ministrative remedies regarding a permit request, ad-
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ministrative appeal, or other required request for ap-
proval 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 with-
in 180 days of 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 miscellaneous re-
ceipts under the authority of the same Act that au-
thorized the issuance of the lease being repurchased. 
(6) Failure of the Secretary to make a final 
agency decision on a request by a lessee under this 
section within 180 days of 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. 
SEC. 18. OFFSITE ENVIRONMENTAL MITIGATION. 
Notwithstanding any other provision of law, any per-
son conducting activities under the Mineral Leasing Act (30 
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U.S.C. 181 et seq.), the Geothermal Steam Act (30 U.S.C. 
1001 et seq.), the Mineral Leasing Act for Acquired 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 mitigation measures on a site 
away from the area impacted and the Secretary of the Inte-
rior shall accept these proposed measures if the Secretary 
finds that they generally achieve the purposes for which 
mitigation measures appertained. 
SEC. 19. AMENDMENTS TO THE MINERAL LEASING ACT. 
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 AC-
TIVITIES.—The Secretary of the Interior, or for Na-
tional Forest lands, the Secretary of Agriculture, shall 
regulate all surface-disturbing activities conducted 
pursuant to any lease issued under this Act, and shall 
determine reclamation and other actions as required 
in the interest of conservation of surface resources. 
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‘‘(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 Secretary of the Interior for 
review. 
‘‘(B) The Secretary shall review the plan for 
completeness within 10 days of submission. 
‘‘(C) In the event the exploration plan is de-
termined to be incomplete, the Secretary shall 
notify the lessee in writing and specify the items 
or information needed to complete the explo-
ration plan. 
‘‘(D) The Secretary shall have 10 days to 
review any modified exploration plan submitted 
by the lessee. 
‘‘(E) To be deemed complete, an exploration 
plan shall include, in the degree of detail to be 
determined by the Secretary by rule or regula-
tion— 
‘‘(i) a drilling plan containing a de-
scription of the drilling program; 
‘‘(ii) the surface and projected comple-
tion zone location; 
‘‘(iii) pertinent geologic data; 
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‘‘(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 resources; 
‘‘(viii) evidence that the lessee has se-
cured an adequate bond, surety, or other fi-
nancial arrangement prior to commence-
ment of any surface disturbing activity; 
‘‘(ix) a plan that details the complete 
and timely reclamation of the lease tract; 
and 
‘‘(x) such other relevant information as 
the Secretary may by regulation require. 
‘‘(F) Upon a determination that the explo-
ration plan is complete, the Secretary shall have 
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30 days from the date the plan is deemed com-
plete to conduct a review of the plan. 
‘‘(G) If the Secretary finds the exploration 
plan is not consistent with all statutory and reg-
ulatory requirements described in subparagraph 
(E)(vii), the Secretary shall notify the lessee with 
a detailed explanation of such modifications of 
the exploration plan as are necessary to achieve 
compliance. 
‘‘(H) The lessee shall not take any action 
under the exploration plan within a 30 day re-
view period, or thereafter until the plan has been 
modified to achieve compliance as so notified. 
‘‘(I) After review by the Secretary provided 
by this subsection, a lessee may operate pursuant 
to the plan without further review or approval 
by the Secretary. 
‘‘(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 re-
view of such revision shall be the same as set 
forth in paragraph (1) of this subsection. 
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‘‘(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; COMPLIANCE 
REVIEW.— 
‘‘(A) Prior to beginning oil and gas devel-
opment and production activities, a lessee shall 
submit a development and exploration plan to 
the Secretary of the Interior. Upon submission, 
such plans shall be subject to a review for com-
pleteness. 
‘‘(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 
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. 
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‘‘(E) To be deemed complete, a development 
and production plan shall include, in the degree 
of detail to be determined by the Secretary by 
rule or regulation— 
‘‘(i) a drilling plan containing a de-
scription of the drilling program; 
‘‘(ii) the surface and projected comple-
tion 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 develop-
ment and production of oil or gas from the 
leases areas, including the location and site 
of such facilities and operations, the land, 
labor, material, and energy requirements 
associated with such facilities and oper-
ations; 
‘‘(vi) the general work to be performed; 
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‘‘(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 per-
formance; 
‘‘(x) a certification from the lessee stat-
ing that the development and production 
plan complies with all lease, regulatory, 
and statutory requirements in effect on the 
date of issuance of the lease, and any regu-
lations promulgated after the date of lease 
issuance related to the conservation of re-
sources; 
‘‘(xi) evidence that the lessee has se-
cured an adequate bond, surety, or other fi-
nancial 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 
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‘‘(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 development 
and production plan is not consistent with all 
statutory and regulatory requirements described 
in subparagraph (E)(x), the Secretary shall no-
tify the lessee with a detailed explanation 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 
until the plan has been modified to achieve com-
pliance 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 
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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. Termi-
nation of a lease because of failure to comply with a 
plan, including required modifications or revisions, 
shall not entitle a lessee to any compensation.’’. 
SEC. 20. MINERALS MANAGEMENT SERVICE. 
The bureau known as the ‘‘Minerals Management Serv-
ice’’ in the Department of the Interior shall be known as 
the ‘‘National Ocean Resources and Royalty Service’’. 
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SEC. 21. AUTHORITY TO USE DECOMMISSIONED OFFSHORE 
OIL AND GAS PLATFORMS AND OTHER FA-
CILITIES FOR ARTIFICIAL REEF, SCIENTIFIC 
RESEARCH, OR OTHER USES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Rigs to Reefs Act of 2006’’. 
(b) IN GENERAL.—The Outer Continental Shelf Lands 
Act (43 U.S.C. 1301 et seq.) is amended by inserting after 
section 9 the following: 
‘‘SEC. 10. USE OF DECOMMISSIONED OFFSHORE OIL AND 
GAS PLATFORMS AND OTHER FACILITIES FOR 
ARTIFICIAL REEF, SCIENTIFIC RESEARCH, 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 decom-
missioned from service for oil and gas purposes for an arti-
ficial reef, scientific research, or any other use authorized 
under section 8(p) or any other applicable Federal law. 
‘‘(b) TRANSFER REQUIREMENTS.—The Secretary shall 
not allow the transfer of a decommissioned offshore oil and 
gas platform or other facility to another person unless the 
Secretary is satisfied that the transferee is sufficiently bond-
ed, endowed, or otherwise financially able to fulfill its obli-
gations, including but not limited to— 
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‘‘(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 regulation. 
‘‘(c) PLUGGING AND ABANDONMENT.—The Secretary 
shall ensure that plugging and abandonment of wells is ac-
complished at an appropriate time. 
‘‘(d) POTENTIAL TO PETITION TO OPT-OUT OF REGU-
LATIONS.—An Adjacent State acting through a resolution 
of its legislature, with concurrence of its Governor, may pre-
liminarily petition to opt-out of the application of regula-
tions 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 preliminary 
petition, the Secretary shall complete an environmental as-
sessment that documents the anticipated environmental ef-
fects 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 concurrence of its Gov-
ernor. The Secretary is authorized to except such area from 
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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 platform 
or other facility is used for any purpose under subsection 
(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. 
‘‘(f) OTHER LEASING AND USE NOT AFFECTED.—This 
section, and the use of any offshore oil and gas platform 
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. 
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(d) STUDY AND REPORT ON EFFECTS OF REMOVAL OF 
PLATFORMS.—Not later than one year after the date of en-
actment of this Act, the Secretary of the Interior, in con-
sultation with other Federal agencies as the Secretary deems 
advisable, shall study and report to the Congress regarding 
how the removal of offshore oil and gas platforms and other 
facilities from the outer Continental Shelf would affect ex-
isting fish stocks and coral populations. 
SEC. 22. REPEAL OF REQUIREMENT TO CONDUCT COM-
PREHENSIVE INVENTORY OF OCS OIL AND 
NATURAL GAS RESOURCES. 
The Energy Policy Act of 2005 (Public Law 109–58) 
is amended— 
(1) by repealing section 357 (119 Stat. 720; 42 
U.S.C. 15912); and 
(2) in the table of contents in section 1(b), by 
striking the item relating to such section 357. 
SEC. 23. MINING AND PETROLEUM SCHOOLS. 
(a) FEDERAL ENERGY
AND MINERAL RESOURCES 
PROFESSIONAL DEVELOPMENT FUND.— 
(1) PROFESSIONAL DEVELOPMENT FUND.—There 
is established in the Treasury a separate account to 
be known as the ‘‘Federal Energy And Mineral Re-
sources Professional Development Fund’’ (in this sec-
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tion referred to as the ‘‘Professional Development 
Fund’’). 
(2) FUNDING.—The Secretary of the Treasury 
shall deposit in the Professional Development Fund— 
(A) such sums as are provided by sections 
9(b)(5)(A)(iii), 9(b)(5)(B)(iii), 9(c)(4)(A)(iii), 
and 9(c)(4)(B)(iii) of the Outer Continental 
Shelf Lands Act, as amended by this Act; 
(B)(i) during the period of October 1, 2006, 
through September 30, 2015, one percent of all 
sums paid into the Treasury under section 35 of 
the Mineral Leasing Act (30 U.S.C. 191), and 
(ii) beginning October 1, 2015, 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, 2006, 
through September 30, 2015, one percent of all 
sums paid into the Treasury from receipts de-
rived from bonus bids and royalties from other 
mineral leasing on public lands, and 
(ii) beginning October 1, 2015, and there-
after, 2.5 percent of all sums paid into the 
Treasury from receipts derived from bonus bids 
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and royalties from other mineral leasing on pub-
lic lands; 
(D) donations received under paragraph 
(4); 
(E) amounts referred to in section 2325 of 
the Revised Statutes; and 
(F) funds received under section 10 of the 
Energy and Mineral Schools Reinvestment Act, 
as amended by this Act. 
(3) INVESTMENTS.—The Secretary of the Treas-
ury shall invest the amounts deposited under para-
graph (2) and all accrued interest on the amounts de-
posited under paragraph (2) 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 Professional Development Fund. 
(5) AVAILABILITY TO SECRETARY OF THE INTE-
RIOR.— 
(A) IN
GENERAL.—Beginning with fiscal 
year 2007, and in each fiscal year thereafter, the 
amounts deposited into the Professional Develop-
ment Fund, together with the interest thereon, 
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shall be available, without fiscal year limita-
tions, to the Secretary of the Interior for use to 
carry out the Energy and Mineral Schools Rein-
vestment Act. 
(B) WITHDRAWALS
AND
TRANSFER
OF 
FUNDS.—The Secretary of the Treasury shall 
withdraw such amounts from the Professional 
Development Fund as the Secretary of the Inte-
rior may request and transfer such amounts to 
the Secretary of the Interior to be used, at the 
discretion of the Secretary to carry out the En-
ergy 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. POLICY. 
‘‘It is the policy of the United States to maintain the 
human capital needed to preserve and foster the economic, 
energy, and mineral resources security of the United States. 
The petroleum and mining engineering programs and the 
applied geology and geophysics programs at State chartered 
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schools, universities, and institutions that produce human 
capital are national assets and should be assisted with Fed-
eral funds to ensure their continued health and existence. 
‘‘SEC. 3. MAINTAINING AND RESTORING HISTORIC AND EX-
ISTING PETROLEUM AND MINING ENGINEER-
ING EDUCATION PROGRAMS. 
‘‘(a) Using the funds in the Federal Energy And Min-
eral Resources Professional Development Fund, the Sec-
retary of the Interior (in this Act referred to as the ‘Sec-
retary’) shall provide funds to each historic and existing 
State-chartered recognized petroleum or mining school to 
assist such schools, universities, and institutions in main-
taining programs in petroleum, mining, and mineral engi-
neering education and research. All funds shall be directed 
only to these programs and shall be subject to the conditions 
of this section. Such funds shall not be less than 33 percent 
of the annual outlay of funds under this Act. 
‘‘(b) In this Act the term ‘historic and existing State- 
chartered recognized petroleum or mining school’ means a 
school, university, or educational institution with the pres-
ence of an engineering program meeting the specific pro-
gram criteria, established by the member societies of ABET, 
Inc., for petroleum, mining, or mineral engineering and 
that is accredited on the date of enactment of the Deep 
Ocean Energy Resources Act of 2006 by ABET, Inc. 
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‘‘(c) It shall be the duty of each school, university, or 
institution receiving funds under this section to provide for 
and enhance the training of undergraduate and graduate 
petroleum, mining, and mineral engineers through research, 
investigations, demonstrations, and experiments. All such 
work shall be carried out in a manner that will enhance 
undergraduate education. 
‘‘(d) Each school, university, or institution receiving 
funds under this Act shall maintain the program for which 
the funds are provided for 10 years after the date of the 
first receipt of such funds and take steps agreed to by the 
Secretary to increase the number of undergraduate students 
enrolled in and completing the programs of study in petro-
leum, mining, and mineral engineering. 
‘‘(e) The research, investigation, demonstration, exper-
iment, and training authorized by this section may include 
development and production of conventional and non-con-
ventional fuel resources, the production of metallic and non- 
metallic mineral resources including industrial mineral re-
sources, and the production of stone, sand, and gravel. In 
all cases the work carried out with funds made available 
under this Act shall include a significant opportunity for 
participation by undergraduate students. 
‘‘(f) Research funded by this Act related to energy and 
mineral resource development and production may include 
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studies of petroleum, mining, and mineral extraction and 
immediately related beneficiation technology; mineral eco-
nomics, reclamation technology and practices for active op-
erations, and the development of re-mining systems and 
technologies to facilitate reclamation that fosters the ulti-
mate recovery of resources at abandoned petroleum, mining, 
and aggregate production sites. 
‘‘(g) Grants for basic science and engineering studies 
and research shall not require additional participation by 
funding partners. Grants for studies to demonstrate the 
proof of concept for science and engineering or the dem-
onstration of feasibility and implementation shall include 
participation by industry and may include funding from 
other Federal agencies. 
‘‘(h)(1) No funds made available under this section 
shall be applied to the acquisition by purchase or lease of 
any land or interests therein, or the rental, purchase, con-
struction, preservation, or repair of any building. 
‘‘(2) Funding made available under this section may 
be used with the express approval of the Secretary for pro-
posals that will provide for maintaining or upgrading of 
existing laboratories and laboratory equipment. Funding 
for such maintenance shall not be used for university over-
head expenses. 
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‘‘(3) Funding made available under this Act may be 
used for maintaining and upgrading mines and oil and 
gas drilling rigs owned by a school, university, or institu-
tion described in this section that are used for under-
graduate and graduate training and worker safety train-
ing. All requests for funding such mines and oil and gas 
drilling rigs must demonstrate that they have been owned 
by the school, university, or institution for 5 years prior 
to the date of enactment of the Deep Ocean Energy Re-
sources Act of 2006 and have been actively used for instruc-
tional or training purposes during that time. 
‘‘(4) Any funding made available under this section 
for research, investigation, demonstration, experiment, or 
training shall not be used for university overhead charges 
in excess of 10 percent of the amount authorized by the Sec-
retary. 
‘‘SEC. 4. FORMER AND NEW PETROLEUM AND MINING ENGI-
NEERING PROGRAMS. 
‘‘A school, university, or educational institution that 
formerly met the requirements of section 3(b) immediately 
before the date of the enactment of the Deep Ocean Energy 
Resources Act of 2006, or that seeks to establish a new pro-
gram described in section 3(b), shall be eligible for funding 
under this Act only if it— 
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‘‘(1) establishes a petroleum, mining, or mineral 
engineering program that meets the specific program 
criteria and is accredited as such by ABET, Inc.; 
‘‘(2) agrees to the conditions of subsections (c) 
through (h) of section 3 and the Secretary, as advised 
by the Committee established by section 11, deter-
mines that the program will strengthen and increase 
the number of nationally available, well- qualified 
faculty members in petroleum, mining, and mineral 
engineering; and 
‘‘(3) agrees to maintain the accredited program 
for 10 years after the date of the first receipt of funds 
under this Act. 
‘‘SEC. 5. FUNDING OF CONSORTIA OF HISTORIC AND EXIST-
ING SCHOOLS. 
‘‘Where appropriate, the Secretary may make funds 
available to consortia of schools, universities, or institutions 
described in sections 3, 4, and 6, including those consortia 
that include schools, universities, or institutions that are 
ineligible for funds under this Act if those schools, univer-
sities, or institutions, respectively, have skills, programs, or 
facilities specifically identified as needed by the consortia 
to meet the necessary expenses for purposes of— 
‘‘(1) specific energy and mineral research 
projects of broad application that could not otherwise 
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be undertaken, including the expenses of planning 
and coordinating regional petroleum, geothermal, 
mining, and mineral engineering or beneficiation 
projects by two or more schools; and 
‘‘(2) research into any aspects of petroleum, geo-
thermal, 
mining, 
or 
mineral 
engineering 
or 
beneficiation problems, including but not limited to 
exploration, that are related to the mission of the De-
partment of the Interior and that are considered by 
the Committee to be desirable. 
‘‘SEC. 6. SUPPORT FOR SCHOOLS WITH ENERGY AND MIN-
ERAL RESOURCE PROGRAMS IN PETROLEUM 
AND MINERAL EXPLORATION GEOLOGY, PE-
TROLEUM GEOPHYSICS, OR MINING GEO-
PHYSICS. 
‘‘(a) Twenty percent of the annual outlay of funds 
under this Act may be granted to schools, universities, and 
institutions other than those described in sections 3 and 4. 
‘‘(b) The Secretary, as advised by the Committee estab-
lished by section 11, shall determine the eligibility of a col-
lege or university to receive funding under this Act using 
criteria that include— 
‘‘(1) the presence of a substantial program of un-
dergraduate and graduate geoscience instruction and 
research in one or more of the following specialties: 
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