Title: American Energy First Act
Policy area: Energy

Summary:
American Energy First Act
This bill addresses offshore and onshore oil and gas resources, and the use of renewable energy resources on the Outer Continental Shelf (OCS) and other federal lands.
Among other things, the bill

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4294 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 4294

 To empower States to manage the development and production of oil and 
gas on available Federal land, to distribute revenues from oil and gas 
 leasing on the Outer Continental Shelf to certain coastal States, to 
    promote alternative energy development, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2019

 Mr. Scalise (for himself, Mr. Bishop of Utah, Ms. Cheney, Mr. Gosar, 
 Mr. Duncan, and Mr. Mullin) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To empower States to manage the development and production of oil and 
gas on available Federal land, to distribute revenues from oil and gas 
 leasing on the Outer Continental Shelf to certain coastal States, to 
    promote alternative energy development, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Energy 
First Act''.
    (b) Table of Contents.--The table of contents for this Act is the 
following:

Sec. 1. Short title; table of contents.
                      TITLE I--ONSHORE OIL AND GAS

Sec. 101. Cooperative federalism in oil and gas permitting on available 
                            Federal land.
Sec. 102. Conveyance to certain States of property interest in State 
                            share of royalties and other payments.
Sec. 103. Access to Federal oil and gas from non-Federal surface 
                            estate.
Sec. 104. State and Tribal authority for hydraulic fracturing 
                            regulation.
Sec. 105. Review of Integrated Activity Plan for the National Petroleum 
                            Reserve in Alaska.
Sec. 106. Protested lease sales.
Sec. 107. Clarification regarding liability under Migratory Bird Treaty 
                            Act.
Sec. 108. Amendments to the Energy Policy Act of 2005.
Sec. 109. Administrative protest process reform.
Sec. 110. Notifications of permit to drill.
                     TITLE II--OFFSHORE OIL AND GAS

Sec. 201. Limitation of authority of the President to withdraw areas of 
                            the Outer Continental Shelf from oil and 
                            gas leasing.
Sec. 202. Disposition of revenues from oil and gas leasing on the Outer 
                            Continental Shelf to Atlantic States and 
                            Alaska.
Sec. 203. Distribution of Outer Continental Shelf revenues to Gulf 
                            producing States.
Sec. 204. Addressing permits for taking of marine mammals.
Sec. 205. Energy Development in the Eastern Gulf of Mexico.
                     TITLE III--ALTERNATIVE ENERGY

Sec. 301. Geothermal, solar, and wind leasing priority areas.
Sec. 302. Geothermal production on Federal lands.
Sec. 303. Facilitation of coproduction of geothermal energy on oil and 
                            gas leases.
Sec. 304. Noncompetitive leasing of adjoining areas for development of 
                            geothermal resources.
Sec. 305. Application of Outer Continental Shelf Lands Act with respect 
                            to territories of the United States.
Sec. 306. Disposition of revenues with respect to territories of the 
                            United States.
Sec. 307. Wind lease sales for areas of Outer Continental Shelf.
Sec. 308. Establishment of Coral Reef Conservation Fund.
              TITLE IV--LIMITATIONS ON LEASING MORATORIUMS

Sec. 401. Coal leases.
Sec. 402. Congressional authority requirement.

                      TITLE I--ONSHORE OIL AND GAS

SEC. 101. COOPERATIVE FEDERALISM IN OIL AND GAS PERMITTING ON AVAILABLE 
              FEDERAL LAND.

    (a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended--
            (1) by redesignating section 44 as section 48; and
            (2) by adding after section 43 the following new section:

``SEC. 44. COOPERATIVE FEDERALISM IN OIL AND GAS PERMITTING ON 
              AVAILABLE FEDERAL LAND.

    ``(a) Authorizations.--
            ``(1) In general.--Upon receipt of an application under 
        subsection (b), the Secretary may delegate to a State exclusive 
        authority--
                    ``(A) to issue an Application for Permit to Drill 
                on available Federal land; or
                    ``(B) to approve drilling plans on available 
                Federal land.
            ``(2) Sundry notices.--Any authorization under paragraph 
        (1) may, upon the request of the State, include authority to 
        process sundry notices.
            ``(3) Inspection and enforcement.--Any authorization under 
        paragraph (1) may, upon the request of the State, include 
        authorization to inspect and enforce an Application for Permit 
        to Drill or drilling plan, as applicable. An authorization 
        under paragraph (1)(A) shall not affect the ability of the 
        Secretary to collect inspection fees under section 108(d) of 
        the Federal Oil and Gas Royalty Management Act of 1982 (30 
        U.S.C. 1718(d)).
    ``(b) State Application Process.--
            ``(1) Submission of application.--A State may submit an 
        application under subparagraph (A) or (B) of subsection (a)(1) 
        to the Secretary at such time and in such manner as the 
        Secretary may require.
            ``(2) Content of application.--An application submitted 
        under this subsection shall include--
                    ``(A) a description of the State program that the 
                State proposes to administer under State law, including 
                a State drilling plan; and
                    ``(B) a statement from the Governor or Attorney 
                General of such State that the laws of such State 
                provide adequate authority to carry out the State 
                program.
            ``(3) Deadline for approval or disapproval.--Not later than 
        180 days after the date of receipt of an application under this 
        subsection, the Secretary shall approve or disapprove such 
        application.
            ``(4) Criteria for approval.--The Secretary may approve an 
        application received under this subsection only if the 
        Secretary has--
                    ``(A) determined that the State applicant would be 
                at least as effective as the Secretary in issuing 
                Applications for Permit to Drill or in approving 
                drilling plans, as applicable;
                    ``(B) determined that the State program of the 
                State applicant--
                            ``(i) complies with this Act; and
                            ``(ii) provides for the termination or 
                        modification of an issued Application for 
                        Permit to Drill or approved drilling plan, as 
                        applicable, for cause, including for--
                                    ``(I) the violation of any 
                                condition of the issued Application for 
                                Permit to Drill or approved drilling 
                                plan;
                                    ``(II) obtaining the issued 
                                Application for Permit to Drill or 
                                approved drilling plan by 
                                misrepresentation; or
                                    ``(III) failure to fully disclose 
                                in the application all relevant facts;
                    ``(C) determined that the State applicant has 
                sufficient administrative and technical personnel and 
                sufficient funding to carry out the State program;
                    ``(D) provided notice to the public, solicited 
                public comment, and held a public hearing within such 
                State;
                    ``(E) determined that approval of the application 
                would not result in decreased royalty payments owed to 
                the United States under section 35(a), except as 
                provided in subsection (e) of that section; and
                    ``(F) in the case of a State applicant seeking 
                authority under subsection (a)(3) to inspect and 
                enforce Applications for Permit to Drill or drilling 
                plans, as applicable, entered into a memorandum of 
                understanding with such State applicant that delineates 
                the Federal and State responsibilities with respect to 
                such inspection and enforcement.
            ``(5) Disapproval.--If the Secretary disapproves an 
        application submitted under this subsection, then the Secretary 
        shall--
                    ``(A) notify, in writing, such State applicant of 
                the reason for the disapproval and any revisions or 
                modifications necessary to obtain approval; and
                    ``(B) provide any additional information, data, or 
                analysis upon which the disapproval is based.
            ``(6) Resubmittal of application.--A State may resubmit an 
        application under this subsection at any time.
            ``(7) State memorandum of understanding.--Before a State 
        submits an application under this subsection, the Secretary 
        may, at the request of such State, enter into a memorandum of 
        understanding with such State regarding the proposed State 
        program--
                    ``(A) to delineate the Federal and State 
                responsibilities for oil and gas regulations;
                    ``(B) to provide technical assistance; and
                    ``(C) to share best management practices.
    ``(c) Administrative Fees for Applications for Permit To Drill.--
            ``(1) In general.--A State for which authority has been 
        delegated under subsection (a)(1)(A) may collect a fee for each 
        application for an Application for Permit to Drill that is 
        submitted to the State.
            ``(2) No collection of fee by secretary.--The Secretary may 
        not collect a fee from the applicant or from the State for an 
        application for an Application for Permit to Drill that is 
        submitted to a State for which authority has been delegated 
        under subsection (a)(1)(A).
            ``(3) Fee amount.--The fee collected under paragraph (1) 
        shall be less than or equal to the amount of the fee described 
        in section 35(d)(2).
            ``(4) Use.--A State shall use 100 percent of the fees 
        collected under this subsection for the administration of the 
        approved State program of the State.
    ``(d) Voluntary Termination of Authority.--A State may voluntarily 
terminate any authority delegated to such State under subsection (a) 
upon providing written notice to the Secretary 60 days in advance of 
the date of termination. Upon expiration of such 60-day period, the 
Secretary shall resume any activities for which authority was delegated 
to the State under subsection (a).
    ``(e) Appeal of Denial of Application for Application for Permit To 
Drill or Application for Approval of Drilling Plan.--
            ``(1) In general.--If a State for which the Secretary has 
        delegated authority under subsection (a)(1) denies an 
        application for an Application for Permit to Drill or an 
        application for approval of a drilling plan, the applicant may 
        appeal such decision to the Department of the Interior Office 
        of Hearings and Appeals.
            ``(2) Fee allowed.--The Secretary may charge the applicant 
        a fee for the appeal referred to in paragraph (1).
    ``(f) Federal Administration of State Program.--
            ``(1) Notification.--If the Secretary has reason to believe 
        that a State is not administering or enforcing an approved 
        State program, the Secretary shall notify the relevant State 
        regulatory authority of any possible deficiencies.
            ``(2) State response.--Not later than 30 days after the 
        date on which a State receives notification of a possible 
        deficiency under paragraph (1), the State shall--
                    ``(A) take appropriate action to correct the 
                possible deficiency; and
                    ``(B) notify the Secretary of the action in 
                writing.
            ``(3) Determination.--
                    ``(A) In general.--On expiration of the 30-day 
                period referred to in paragraph (2), if the Secretary 
                determines that a violation of all or any part of an 
                approved State program has resulted from a failure of 
                the State to administer or enforce the approved State 
                program of the State or that the State has not 
                demonstrated its capability and intent to administer or 
                enforce such a program, the Secretary shall issue 
                public notice of such a determination.
                    ``(B) Appeal.--A State may appeal the determination 
                of the Secretary under subparagraph (A) in the 
                applicable United States District Court. The Secretary 
                may not resume activities under paragraph (4) pending 
                the resolution of the appeal.
            ``(4) Resumption by secretary.--Subject to paragraph 
        (3)(B), 30 days after the date on which the Secretary issues 
        the public notice described in paragraph 3(A), the Secretary 
        shall resume any activities for which authority was delegated 
        to the State during the period--
                    ``(A) beginning on the date 30 days after the date 
                on which the Secretary issues the public notice under 
                paragraph (3)(A); and
                    ``(B) ending on the date on which the Secretary 
                determines that the State will administer or enforce, 
                as applicable, such State's approved State program.
            ``(5) Standing.--States with approved regulatory programs 
        shall have standing to sue the Secretary for any action taken 
        under this subsection.
    ``(g) Definitions.--In this section:
            ``(1) Available federal land.--The term `available Federal 
        land' means any Federal land that--
                    ``(A) is located within the boundaries of a State;
                    ``(B) is not held by the United States in trust for 
                the benefit of a federally recognized Indian Tribe or a 
                member of such an Indian Tribe;
                    ``(C) is not a unit of the National Park System;
                    ``(D) is not a unit of the National Wildlife Refuge 
                System, except for the portion of such unit for which 
                oil and gas drilling is allowed under law;
                    ``(E) is not a congressionally approved wilderness 
                area under the Wilderness Act (16 U.S.C. 1131 et seq.); 
                and
                    ``(F) has been identified as land available for 
                lease or has been leased for the exploration, 
                development, and production of oil and gas--
                            ``(i) by the Bureau of Land Management 
                        under--
                                    ``(I) a resource management plan 
                                under the process provided for in the 
                                Federal Land Policy and Management Act 
                                of 1976 (43 U.S.C. 1701 et seq.); or
                                    ``(II) an integrated activity plan 
                                with respect to the National Petroleum 
                                Reserve in Alaska; or
                            ``(ii) by the Forest Service under a 
                        National Forest management plan under the 
                        Forest and Rangeland Renewable Resources 
                        Planning Act of 1974 (16 U.S.C. 1600 et seq.).
            ``(2) Drilling plan.--The term `drilling plan' means a plan 
        described under section 3162.3-1(e) of title 43, Code of 
        Federal Regulations (or successor regulation).
            ``(3) Application for permit to drill.--The term 
        `Application for Permit to Drill' or `Applications for Permit 
        to Drill' means a permit--
                    ``(A) that grants authority to drill for oil and 
                gas; and
                    ``(B) for which an application has been received 
                that contains--
                            ``(i) a drilling plan;
                            ``(ii) a surface use plan of operations 
                        described under section 3162.3-1(f) of title 
                        43, Code of Federal Regulations (or successor 
                        regulation);
                            ``(iii) evidence of bond coverage; and
                            ``(iv) such other information as may be 
                        required by applicable orders and notices.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(5) State.--The term `State' means each of the several 
        States.
            ``(6) State applicant.--The term `State applicant' means a 
        State that has submitted an application under subsection (b).
            ``(7) State program.--The term `State program' means a 
        program that provides for a State to--
                    ``(A) issue Applications for Permit to Drill or 
                approve drilling plans, as applicable, on available 
                Federal land; and
                    ``(B) impose sanctions for violations of State 
                laws, regulations, or any condition of an issued 
                Application for Permit to Drill or approved drilling 
                plan, as applicable.
            ``(8) Sundry notice.--The term `sundry notice' means a 
        written request--
                    ``(A) to perform work not covered under an 
                Application for Permit to Drill or drilling plan; or
                    ``(B) for a change to operations covered under a an 
                Application for Permit to Drill or drilling plan.''.
    (b) Inspection Fees.--Section 108 of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1718) is amended by adding at 
the end the following:
    ``(d) Inspection Fees for Certain States.--
            ``(1) In general.--The Secretary shall conduct inspections 
        of operations under each oil and gas lease. The Secretary shall 
        collect annual nonrefundable inspection fees in the amount 
        specified in paragraph (2), from each designated operator under 
        each oil and gas lease on Federal that is subject to inspection 
        under subsection (b) and that is located in a State for which 
        the Secretary has delegated authority under section 44(a)(1)(A) 
        of the Mineral Leasing Act.
            ``(2) Amount.--The amount of the fees collected under 
        paragraph (1) shall be--
                    ``(A) $700 for each lease or unit or 
                communitization agreement with no active or inactive 
                wells, but with surface use, disturbance or 
                reclamation;
                    ``(B) $1,225 for each lease or unit or 
                communitization agreement with 1 to 10 wells, with any 
                combination of active or inactive wells;
                    ``(C) $4,900 for each lease or unit or 
                communitization agreement with 11 to 50 wells, with any 
                combination of active or inactive wells; and
                    ``(D) $9,800 for each lease or unit or 
                communitization agreement with more than 50 wells, with 
                any combination of active or inactive wells.
            ``(3) Onshore energy safety fund.--There is established in 
        the Treasury a fund, to be known as the `Onshore Energy Safety 
        Fund' (referred to in this subsection as the `Fund'), into 
        which shall be deposited all amounts collected as fees under 
        paragraph (1) and which shall be available as provided under 
        paragraph (4).
            ``(4) Availability of fees.--Notwithstanding section 3302 
        of title 31, United States Code, all amounts deposited in the 
        Fund--
                    ``(A) shall be credited as offsetting collections;
                    ``(B) shall be available for expenditure for 
                purposes of carrying out inspections of onshore oil and 
                gas operations in those States for which the Secretary 
                has delegated authority under section 44(a)(1)(A) of 
                the Mineral Leasing Act;
                    ``(C) shall be available only to the extent 
                provided for in advance in an appropriations Act; and
                    ``(D) shall remain available until expended.
            ``(5) Payment due date.--The Secretary shall require 
        payment of any fee assessed under this subsection within 30 
        days after the Secretary provides notice of the assessment of 
        the fee after the completion of an inspection.
            ``(6) Penalty.--If a designated operator assessed a fee 
        under this subsection fails to pay the full amount of the fee 
        as prescribed in this subsection, the Secretary may, in 
        addition to utilizing any other applicable enforcement 
        authority, assess civil penalties against the operator under 
        section 109 in the same manner as if this section were a 
        mineral leasing law.
            ``(7) Notification to state of noncompliance.--If, on the 
        basis of any inspection under subsection (b), the Secretary 
        determines that an operator is in noncompliance with the 
        requirements of mineral leasing laws and this chapter, the 
        Secretary shall notify the State of such noncompliance 
        immediately.''.
    (c) Existing Authorities.--Section 390(a) of the Energy Policy Act 
of 2005 (42 U.S.C. 15942(a)) is amended--
            (1) by striking ``Action by the Secretary of the Interior'' 
        and inserting ``The Secretary of the Interior,'';
            (2) by inserting a comma after ``Agriculture'';
            (3) by striking ``with respect to any of the activities 
        described in subsection (b) shall be subject to a rebuttable 
        presumption that the use of'' and inserting ``shall apply''; 
        and
            (4) by striking ``would apply if the activity'' and 
        inserting ``for each action described in subsection (b) if the 
        action''.

SEC. 102. CONVEYANCE TO CERTAIN STATES OF PROPERTY INTEREST IN STATE 
              SHARE OF ROYALTIES AND OTHER PAYMENTS.

    (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. 
191) is amended--
            (1) in subsection (a), by striking ``shall be paid into the 
        Treasury'' and inserting ``shall, except as provided in 
        subsection (e), be paid into the Treasury'';
            (2) in subsection (c)(1), by inserting ``and except as 
        provided in subsection (e)'' before ``, any rentals''; and
            (3) by adding at the end the following:
    ``(e) Conveyance to Certain States of Property Interest in State 
Share.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, on request of a State and in lieu of any payments to the 
        State under subsection (a), the Secretary of the Interior shall 
        convey to the State all right, title, and interest in and to 
        the percentage specified in that subsection for that State that 
        would otherwise be required to be paid into the Treasury under 
        that subsection.
            ``(2) Amount.--Notwithstanding any other provision of law, 
        after a conveyance to a State under paragraph (1), any person 
        shall pay directly to the State any amount owed by the person 
        for which the right, title, and interest has been conveyed to 
        the State under this subsection.
            ``(3) Notice.--The Secretary of the Interior shall promptly 
        provide to each holder of a lease of public land to which 
        subsection (a) applies that is located in a State to which 
        right, title, and interest is conveyed under this subsection 
        notice that--
                    ``(A) the Secretary of the Interior has conveyed to 
                the State all right, title, and interest in and to the 
                amounts referred to in paragraph (1); and
                    ``(B) the leaseholder is required to pay the 
                amounts directly to the State.
            ``(4) Report.--A State that has received a conveyance under 
        this subsection shall report monthly to the Office of Natural 
        Resources Revenue of the Department of the Interior the amount 
        paid to such State pursuant to this subsection.
            ``(5) Application with respect to federal oil and gas 
        royalty management act.--With respect to the interest conveyed 
        to a State under this subsection from sales, bonuses, royalties 
        (including interest charges), and rentals collected under the 
        Federal Oil and Gas Royalty Management Act of 1983 (30 U.S.C. 
        1701 et seq.), this subsection shall only apply with respect to 
        States for which the Secretary has delegated any authority 
        under section 44(a)(1).''.
    (b) Administrative Costs.--Section 35(b) of the Mineral Leasing Act 
(30 U.S.C. 191(b)) is amended by striking ``In determining'' and 
inserting ``Except with respect to States for which the Secretary has 
delegated any authority under section 44(a)(1), in determining''.
    (c) Conforming Amendment.--Section 205(f) of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 1735(f)) is amended by 
striking ``All moneys'' and inserting ``Subject to subsection (e) of 
section 35 of the Mineral Leasing Act (30 U.S.C. 191), all moneys''.

SEC. 103. ACCESS TO FEDERAL OIL AND GAS FROM NON-FEDERAL SURFACE 
              ESTATE.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by 
adding at the end the following:
    ``(q) No Federal Permit Required for Oil and Gas Activities on 
Certain Land.--
            ``(1) In general.--The Secretary shall not require an 
        operator to obtain a Federal drilling permit for oil and gas 
        exploration and production activities conducted on non-Federal 
        surface estate, provided that--
                    ``(A) the United States holds an ownership interest 
                of less than 50 percent of the subsurface mineral 
                estate to be accessed by the proposed action; and
                    ``(B) the operator submits to the Secretary a State 
                permit to conduct oil and gas exploration and 
                production activities on the non-Federal surface 
                estate.
            ``(2) No federal action.--Oil and gas exploration and 
        production activities carried out under paragraph (1)--
                    ``(A) shall require no additional Federal action;
                    ``(B) may commence 30 days after submission of the 
                State permit to the Secretary;
                    ``(C) are categorically excluded from any further 
                analysis and documentation under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    ``(D) shall not require any analysis under section 
                106 of the National Historic Preservation Act of 1966, 
                as amended (54 U.S.C. 306108); and
                    ``(E) shall not require any analysis, assessment, 
                or consultation under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536).
            ``(3) Royalties and production accountability.--(A) Nothing 
        in this subsection shall affect the amount of royalties due to 
        the United States under this Act from the production of oil and 
        gas, or alter the Secretary's authority to conduct audits and 
        collect civil penalties pursuant to the Federal Oil and Gas 
        Royalty Management Act of 1982 (30 U.S.C. 1711 et seq.).
            ``(B) The Secretary may conduct on-site reviews and 
        inspections to ensure proper accountability, measurement, and 
        reporting of production of Federal oil and gas, and payment of 
        royalties.
            ``(4) Exceptions.--This subsection shall not apply to 
        actions on Indian lands or resources managed in trust for the 
        benefit of Indian tribes.''.

SEC. 104. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING 
              REGULATION.

    The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by 
inserting after section 44 (as added by section 101) the following:

``SEC. 45. STATE AND TRIBAL AUTHORITY FOR HYDRAULIC FRACTURING 
              REGULATION.

    ``(a) In General.--The Secretary of the Interior shall not enforce 
any Federal regulation, guidance, or permit requirement regarding 
hydraulic fracturing relating to oil, gas, or geothermal production 
activities on or under any land in any State that has regulations, 
guidance, or permit requirements for that activity.
    ``(b) State Authority.--The Secretary of the Interior shall defer 
to State regulations, guidance, and permit requirements for all 
activities regarding hydraulic fracturing relating to oil, gas, or 
geothermal production activities on Federal land.
    ``(c) Transparency of State Regulations.--
            ``(1) In general.--Each State shall submit to the Bureau of 
        Land Management a copy of the regulations of such State that 
        apply to hydraulic fracturing operations on Federal land, 
        including those that require disclosure of chemicals used in 
        hydraulic fracturing operations.
            ``(2) Availability.--The Secretary of the Interior shall 
        make available to the public on the website of the Secretary 
        the regulations submitted under paragraph (1).
    ``(d) Tribal Authority on Trust Land.--The Secretary of the 
Interior shall not enforce any Federal regulation, guidance, or permit 
requirement with respect to hydraulic fracturing on any land held in 
trust or restricted status for the benefit of a federally recognized 
Indian Tribe or a member of such an Indian Tribe, except with the 
express consent of the beneficiary on whose behalf such land is held in 
trust or restricted status.
    ``(e) Hydraulic Fracturing Defined.--In this section the term 
`hydraulic fracturing' means the process of creating small cracks, or 
fractures, in underground geological formations for well stimulation 
purposes of bringing hydrocarbons into the wellbore and to the surface 
for capture.''.

SEC. 105. REVIEW OF INTEGRATED ACTIVITY PLAN FOR THE NATIONAL PETROLEUM 
              RESERVE IN ALASKA.

    The Secretary of the Interior shall--
            (1) conduct a review of the National Petroleum Reserve-
        Alaska Final Integrated Activity Plan/Environmental Impact 
        Statement, for which notice of availability was published in 
        the Federal Register on December 28, 2012 (77 Fed. Reg. 76515), 
        to determine which lands within the National Petroleum Reserve 
        in Alaska should be made available for oil and gas leasing; and
            (2) make available the lands described in paragraph (1) for 
        oil and gas leasing.

SEC. 106. PROTESTED LEASE SALES.

    Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any 
protest to a lease sale within 60 days following such payment.'' after 
``annual rental for the first lease year.''.

SEC. 107. CLARIFICATION REGARDING LIABILITY UNDER MIGRATORY BIRD TREATY 
              ACT.

    Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is 
amended by adding at the end the following:
    ``(e) This Act shall not be construed to prohibit any activity 
proscribed by section 2 of this Act that is accidental or incidental to 
the presence or operation of an otherwise lawful activity.''.

SEC. 108. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.

    Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is 
amended to read as follows:

``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.

    ``(a) National Environmental Policy Act Review.--Action by the 
Secretary of the Interior, in managing the public lands, or the 
Secretary of Agriculture, in managing National Forest System lands, 
with respect to any of the activities described in subsection (d) shall 
be categorically excluded from any further analysis and documentation 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) if the activity is conducted pursuant to the Mineral Leasing Act 
(30 U.S.C. 181 et seq.) for the purpose of exploration or development 
of oil or gas.
    ``(b) Categorical Exclusion.--Use of a categorical exclusion 
created in this section--
            ``(1) shall not require a finding of no extraordinary 
        circumstances; and
            ``(2) shall be effective for the full term of the 
        authorized permit or approval.
    ``(c) Application.--This section shall not apply to an action of 
the Secretary of the Interior or the Secretary of Agriculture on Indian 
lands or resources managed in trust for the benefit of Indian Tribes.
    ``(d) Activities Described.--The activities referred to in 
subsection (a) are:
            ``(1) Reinstating a lease pursuant to section 31 of the 
        Mineral Leasing Act (30 U.S.C. 188).
            ``(2) The following activities, provided that any new 
        surface disturbance is contiguous with the footprint of the 
        original authorization and does not exceed 20 acres or the 
        acreage evaluated in a document previously prepared under 
        section 102(2)(C) of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4332(2)(C)) with respect to such activity, 
        whichever is greater:
                    ``(A) Drilling an oil or gas well at a well pad 
                site at which drilling has occurred previously.
                    ``(B) Expansion of an existing oil or gas well pad 
                site to accommodate an additional well.
                    ``(C) Expansion or modification of an existing oil 
                or gas well pad site, road, pipeline, facility, or 
                utilities submitted in a sundry notice.
            ``(3) Drilling of an oil or gas well at a new well pad 
        site, provided that the new surface disturbance does not exceed 
        20 acres or the acreage evaluated in a document previously 
        prepared under section 102(2)(C) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 
        activity, whichever is greater.
            ``(4) Construction or realignment of a road, pipeline, or 
        utilities within an existing right-of-way or within a right-of-
        way corridor established in a land use plan.
            ``(5) The following activities when conducted from non-
        Federal surface into federally owned minerals, provided that 
        the operator submits to the Secretary concerned certification 
        of a surface use agreement with the non-Federal landowner:
                    ``(A) Drilling an oil or gas well at a well pad 
                site at which drilling has occurred previously.
                    ``(B) Expansion of an existing oil or gas well pad 
                site to accommodate an additional well.
                    ``(C) Expansion or modification of an existing oil 
                or gas well pad site, road, pipeline, facilities or 
                utilities submitted in a sundry notice.
            ``(6) Drilling of an oil or gas well from non-Federal 
        surface and non-Federal subsurface into Federal mineral estate.
            ``(7) Construction of up to 1 mile of new road on Federal 
        or non-Federal surface, not to exceed 2 miles in total.
            ``(8) Construction of up to 3 miles of individual pipelines 
        or utilities, regardless of surface ownership.''.

SEC. 109. ADMINISTRATIVE PROTEST PROCESS REFORM.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by 
adding at the end the following:
    ``(q) Protest Filing Fee.--
            ``(1) In general.--Before processing any protest filed 
        under this section, the Secretary shall collect a filing fee 
        from the protestor to recover the cost for processing documents 
        filed for each administrative protest.
            ``(2) Amount.--The filing fee shall be calculated as 
        follows:
                    ``(A) For each protest filed in a submission not 
                exceeding 10 pages in length, the base filing fee shall 
                be $150.
                    ``(B) For each submission exceeding 10 pages in 
                length, an addition to the base filing fee, an 
                assessment of $5 per page in excess of 10 pages shall 
                apply.
                    ``(C) For protests that include more than one oil 
                and gas lease parcel, right-of-way, or application for 
                permit to drill in a submission, an additional 
                assessment of $10 per additional lease parcel, right-
                of-way, or application for permit to drill shall apply.
            ``(3) Adjustment.--
                    ``(A) In general.--Beginning on January 1, 2021, 
                and annually thereafter, the Secretary shall adjust the 
                filing fees established in this subsection to whole 
                dollar amounts to reflect changes in the Producer Price 
                Index, as published by the Bureau of Labor Statistics, 
                for the previous 12 months.
                    ``(B) Publication of adjusted filing fees.--At 
                least 30 days before the filing fees as adjusted under 
                this paragraph take effect, the Secretary shall publish 
                notification of the adjustment of such fees in the 
                Federal Register.''.

SEC. 110. NOTIFICATIONS OF PERMIT TO DRILL.

    The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by 
inserting after section 45, as added by section 104, the following:

``SEC. 46. NOTIFICATIONS OF PERMIT TO DRILL.

    ``(a) In General.--Not later than 1 year after the date of the 
enactment of this section, the Secretary shall establish procedures by 
which an operator may conduct drilling and production activities on 
available Federal land and non-Federal land that is located in a State 
to which the Secretary has not delegated exclusive authority under 
section 44(a)(1) after sending to the Secretary a notification of 
permit to drill under this section in lieu of obtaining an Application 
for Permit to Drill.
    ``(b) Content of Notification.--To be considered a complete 
notification of permit to drill under this section, an operator shall 
include in the notification of permit to drill submitted under this 
section--
            ``(1) a notification of permit to drill form;
            ``(2) a surface use plan of operations;
            ``(3) a drilling plan;
            ``(4) a well plat certified by a registered surveyor;
            ``(5) an operator certification;
            ``(6) evidence of bond coverage; and
            ``(7) a notification of permit to drill fee in an amount to 
        be determined by the Secretary.
    ``(c) Justifications for Objection.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the Secretary may not object to a notification of 
        permit to drill under this section if the notification--
                    ``(A) demonstrates that the drilling operations 
                described in the notification of permit to drill will 
                be located in--
                            ``(i) a developed field, where there are 
                        existing oil and gas wells within a 5-mile 
                        radius and for which an approved land use plan 
                        or environmental review was prepared within the 
                        last 10 years under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
                        that analyzed such drilling operations as a 
                        reasonably foreseeable activity;
                            ``(ii) a location or well pad site at which 
                        drilling has occurred within 10 years before 
                        the date of spudding the well and the proposed 
                        operations do not increase the surface 
                        disturbance on the location or well pad site;
                            ``(iii) an area consisting of individual 
                        surface disturbances of less than 10 acres and 
                        the total surface disturbance on the lease is 
                        not greater than 150 acres and for which an 
                        approved land use plan or environmental review 
                        was prepared within the last 10 years under the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) that analyzed such 
                        drilling operations as a reasonably foreseeable 
                        activity;
                            ``(iv) an area consisting of Federal 
                        mineral interests that is located within the 
                        boundaries of a communitization agreement or 
                        unit agreement which contains minerals leased 
                        by a State or private mineral owner for which a 
                        drilling permit has been approved by a State 
                        regulatory agency; or
                            ``(v) an area in which a categorical 
                        exclusion under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
                        applies for oil and gas drilling or re-entry 
                        activities; or
                    ``(B) includes--
                            ``(i) an environmental review that 
                        concludes that actions described in the 
                        notification of permit to drill pose no 
                        significant effects on the human environment or 
                        threatened or endangered species; and
                            ``(ii) an archeological review that 
                        concludes that actions described in the 
                        notification of permit to drill pose no 
                        significant effects on cultural or historic 
                        properties or resources.
            ``(2) Endangered species protection.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                the Secretary shall object to a notification of permit 
                to drill if the activity described in such notification 
                of permit to drill is likely to jeopardize the 
                continued existence of a species that is a threatened 
                species or endangered species under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) or result 
                in the destruction or adverse modification of critical 
                habitat of such species.
                    ``(B) Withdrawal of objection.--The Secretary may 
                withdraw an objection under subparagraph (A) if the 
                operator consults with the Secretary on such objection 
                and places conditions on the notification of permit to 
                drill sufficient to comply with the Endangered Species 
                Act of 1973 (16 U.S.C. 1531 et seq.).
            ``(3) National historic preservation.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                the Secretary shall object to a notification of permit 
                to drill if the activity described in such notification 
                of permit to drill is likely to affect properties 
                listed, or eligible for listing, in the National 
                Register of Historic Places under section 306108 of 
                title 54, United States Code (commonly known as the 
                National Historic Preservation Act of 1966).
                    ``(B) Withdrawal of objection.--The Secretary may 
                withdraw an objection under subparagraph (A) if the 
                operator consults with the Secretary on such objection 
                and places conditions on the notification of permit to 
                drill sufficient to comply with section 306108 of title 
                54, United States Code (commonly known as the National 
                Historic Preservation Act of 1966).
    ``(d) Objection or No Action.--
            ``(1) Notification of incomplete notification.--Not later 
        than 15 days after receipt of a notification of permit to 
        drill, or a revised notification of permit to drill, from an 
        operator under this section, the Secretary shall notify the 
        operator in writing if the notification of permit to drill is 
        not complete.
            ``(2) Notification of objections.--The Secretary shall 
        notify an operator of any objections to the notification of 
        permit to drill not later than 45 days after receipt of a 
        complete notification of permit to drill from an operator under 
        this section.
            ``(3) No action required.--If the Secretary has not 
        notified an operator under either paragraph (1) or paragraph 
        (2) within 45 days after receipt of a notification of permit to 
        drill from the operator under this section, the operator may, 
        without further action from the Secretary, conduct the drilling 
        and production activities for which the notification of permit 
        to drill was submitted.
            ``(4) Opportunity to resubmit notification.--If the 
        Secretary notifies an operator under paragraph (1) of an 
        incomplete notification or paragraph (2) of an objection, the 
        Secretary shall allow the operator to address such incomplete 
        notification or objection and revise and resubmit the 
        notification of permit to drill.
            ``(5) Opportunity to resubmit notification as application 
        for permit to drill.--If the Secretary notifies an operator 
        under paragraph (2) of an objection, the Secretary shall allow 
        the operator to resubmit such information in the form of an 
        Application for Permit to Drill.
    ``(e) Notification Fee.--The Secretary may not charge an operator 
under this section a fee for submitting a notification of permit to 
drill greater than the fee the Secretary charges an applicant for an 
Application for Permit to Drill.
    ``(f) Environmental Review.--
            ``(1) In general.--An environmental review or archeological 
        review described in subsection (c)(1)(B) may be completed by a 
        third-party contractor approved by the Secretary or pursuant to 
        a memorandum of understanding between the operator and the 
        Secretary.
            ``(2) Field work authorization.--The Secretary shall issue 
        a field work authorization to a third-party contractor for the 
        purposes of paragraph (1) within a reasonable time.
            ``(3) Request for concurrence.--The Secretary shall allow a 
        third-party contractor to submit a request to the State 
        Historic Preservation Office on behalf of the Secretary.
    ``(g) Additional Surface Use Permits.--The Secretary may not 
require an operator that has submitted a notification of permit to 
drill for which the Secretary did not object to obtain a surface use 
permit for an action included in the notification of permit to drill.
    ``(h) Site Inspection.--The Secretary may not require an operator 
that has submitted a notification of permit to drill for which the 
Secretary did not object to submit to a site inspection before 
commencement of the activities described in the notification of permit 
to drill.
    ``(i) Federal Enforcement.--The Secretary may conduct inspections 
of and evaluate activities described in a notification of permit to 
drill for purposes of bringing an enforcement action. The Secretary may 
suspend enforcement proceedings if the operator modifies its activities 
to comply with the notification of permit to drill or obtains an 
Application for Permit to Drill for such activities.
    ``(j) Application of the National Environmental Policy Act.--
            ``(1) No action by secretary.--The decision by the 
        Secretary to take no action under subsection (c)(1)(B)(2) shall 
        not constitute a major Federal action under section 102(2)(C) 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)).
            ``(2) Development of regulations.--The development of any 
        regulation pursuant to this section shall constitute a major 
        Federal action under section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    ``(k) Definitions.--In this section:
            ``(1) In general.--The terms `Application for Permit to 
        Drill', `applications for Permit to Drill', `available Federal 
        land', and `drilling plan' have the meaning given those terms 
        in section 44.
            ``(2) Surface use plan of operation.--The term `surface use 
        plan of operation' means a plan containing--
                    ``(A) the road and drill pad location;
                    ``(B) details of pad construction;
                    ``(C) methods for containment and disposal of waste 
                material;
                    ``(D) plans for reclamation of the surface;
                    ``(E) any other information specified in applicable 
                orders or notices; and
                    ``(F) any other pertinent data as the Secretary may 
                require.''.

                     TITLE II--OFFSHORE OIL AND GAS

SEC. 201. LIMITATION OF AUTHORITY OF THE PRESIDENT TO WITHDRAW AREAS OF 
              THE OUTER CONTINENTAL SHELF FROM OIL AND GAS LEASING.

    (a) Limitation on Withdrawal From Disposition of Lands on the Outer 
Continental Shelf.--Section 12 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1341) is amended by amending subsection (a) to read as 
follows:
    ``(a) Limitation on Withdrawal.--
            ``(1) In general.--Except as otherwise provided in this 
        section, no lands of the outer Continental Shelf may be 
        withdrawn from disposition except by an Act of Congress.
            ``(2) National marine sanctuaries.--The President may 
        withdraw from disposition any of the unleased lands of the 
        outer Continental Shelf located in a national marine sanctuary 
        designated in accordance with the National Marine Sanctuaries 
        Act (16 U.S.C. 1431 et seq.) or otherwise by statute.
            ``(3) Existing withdrawals.--
                    ``(A) In general.--Except for the withdrawals 
                listed in subparagraph (B), any withdrawal from 
                disposition of lands on the outer Continental Shelf 
                before the date of the enactment of this subsection 
                shall have no force or effect.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                to the following withdrawals:
                            ``(i) Any withdrawal in a national marine 
                        sanctuary designated in accordance with the 
                        National Marine Sanctuaries Act.
                            ``(ii) Any withdrawal in a national 
                        monument declared under section 320301 of title 
                        54, United States Code, or the Act of June 8, 
                        1906 (ch. 3060; 34 Stat. 225).
                            ``(iii) Any withdrawal in the North 
                        Aleutian Basin Planning Area, including Bristol 
                        Bay.''.
    (b) Termination of Authority To Establish Marine National 
Monuments.--Section 320301 of title 54, United States Code, is amended 
by adding at the end the following:
    ``(e) Limitation on Marine National Monuments.--
            ``(1) In general.--Notwithstanding subsections (a) and (b), 
        the President may not declare or reserve any ocean waters (as 
        such term is defined in section 3 of the Marine Protection, 
        Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402)) or 
        lands beneath ocean waters as a national monument.
            ``(2) Marine national monuments designated before the date 
        of the enactment of this subsection.--This subsection shall not 
        affect any national monument designated by the President before 
        the date of the enactment of this Act.''.

SEC. 202. DISPOSITION OF REVENUES FROM OIL AND GAS LEASING ON THE OUTER 
              CONTINENTAL SHELF TO ATLANTIC STATES AND ALASKA.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended--
            (1) by striking ``All rentals'' and inserting the 
        following:
    ``(a) In General.--Except as otherwise provided in this section, 
all rentals''; and
            (2) by adding at the end the following:
    ``(b) Distribution of Revenue to Producing States.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered planning area.--
                            ``(i) In general.--Subject to clause (ii), 
                        the term `covered planning area' means each of 
                        the following planning areas, as such planning 
                        areas are generally depicted in the later of 
                        the 2017-2022 Outer Continental Shelf Oil and 
                        Gas Leasing Proposed Final Program, dated 
                        November 2016, or a subsequent oil and gas 
                        leasing program developed under section 18 of 
                        the Outer Continental Shelf Lands Act (43 
                        U.S.C. 1344):
                                    ``(I) Mid-Atlantic.
                                    ``(II) South Atlantic.
                                    ``(III) Any planning area located 
                                off the coast of Alaska.
                            ``(ii) Exclusions.--The term `covered 
                        planning area' does not include any area in the 
                        Atlantic--
                                    ``(I) north of the southernmost 
                                lateral seaward administrative boundary 
                                of the State of Maryland; or
                                    ``(II) south of the northernmost 
                                lateral seaward administrative boundary 
                                of the State of Florida.
                    ``(B) Producing state.--The term `producing State' 
                means each of the following States:
                            ``(i) Virginia.
                            ``(ii) North Carolina.
                            ``(iii) South Carolina.
                            ``(iv) Georgia.
                            ``(v) Alaska.
                    ``(C) Qualified revenues.--
                            ``(i) In general.--The term `qualified 
                        revenues' means revenues derived from rentals, 
                        royalties, bonus bids, and other sums due and 
                        payable to the United States under oil and gas 
                        leases entered into on or after the date of the 
                        enactment of this Act for an area in a covered 
                        planning area.
                            ``(ii) Exclusions.--The term `qualified 
                        revenues' does not include--
                                    ``(I) revenues from the forfeiture 
                                of a bond or other surety securing 
                                obligations other than royalties, civil 
                                penalties, or royalties taken by the 
                                Secretary in-kind and not sold;
                                    ``(II) revenues generated from 
                                leases subject to section 8(g); and
                                    ``(III) the portion of rental 
                                revenues in excess of those that would 
                                have been collected at the rental rates 
                                in effect before August 5, 1993.
            ``(2) Deposit of qualified revenues.--
                    ``(A) Phase i.--With respect to qualified revenues 
                under leases awarded under the first leasing program 
                approved under section 18(a) that takes effect after 
                the date of the enactment of this section, the 
                Secretary of the Treasury shall deposit or allocate, as 
                applicable--
                            ``(i) 87.5 percent into the general fund of 
                        the Treasury; and
                            ``(ii) 12.5 percent to States in accordance 
                        with paragraph (3).
                    ``(B) Phase ii.--With respect to qualified revenues 
                under leases awarded under the second leasing program 
                approved under section 18(a) that takes effect after 
                the date of the enactment of this section, the 
                Secretary of the Treasury shall deposit or allocate, as 
                applicable--
                            ``(i) 75 percent into the general fund of 
                        the Treasury; and
                            ``(ii) 25 percent to States in accordance 
                        with paragraph (3).
                    ``(C) Phase iii.--With respect to qualified 
                revenues under leases awarded under the third leasing 
                program approved under section 18(a) that takes effect 
                after the date of the enactment of this section and 
                under any such leasing program subsequent to such third 
                leasing program, the Secretary of the Treasury shall 
                deposit or allocate, as applicable--
                            ``(i) 50 percent into the general fund of 
                        the Treasury; and
                            ``(ii) 50 percent into a special account in 
                        the Treasury from which the Secretary of the 
                        Treasury shall disburse--
                                    ``(I) 75 percent to States in 
                                accordance with paragraph (3); and
                                    ``(II) 25 percent to the Secretary 
                                of the Interior for units of the 
                                National Park System.
            ``(3) Allocation to producing states.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary of the Treasury shall allocate the 
                qualified revenues distributed to States under 
                paragraph (2) to each producing State in an amount 
                based on a formula established by the Secretary of the 
                Interior, by regulation, that--
                            ``(i) is inversely proportional to the 
                        respective distances between--
                                    ``(I) the point on the coastline of 
                                the producing State that is closest to 
                                the geographical center of the 
                                applicable leased tract; and
                                    ``(II) the geographical center of 
                                that leased tract;
                            ``(ii) does not allocate qualified revenues 
                        to any producing State that is further than 200 
                        nautical miles from the leased tract; and
                            ``(iii) allocates not less than 10 percent 
                        of qualified revenues to each producing State 
                        that is 200 or fewer nautical miles from the 
                        leased tract.
                    ``(B) Payments to noncontiguous coastal states.--
                            ``(i) In general.--With respect to each 
                        producing State that is a noncontiguous coastal 
                        State, the Secretary of the Treasury shall pay 
                        20 percent of the allocable share of such State 
                        determined under this paragraph to the coastal 
                        political subdivisions of such State.
                            ``(ii) Allocation.--The amount paid by the 
                        Secretary of the Treasury to coastal political 
                        subdivisions under this subparagraph shall be 
                        allocated to each coastal political subdivision 
                        in accordance with subparagraphs (B) and (E) of 
                        section 31(b)(4).
                            ``(iii) Definition of coastal political 
                        subdivision.--In this subparagraph, the term 
                        `coastal political subdivision' means--
                                    ``(I) a county-equivalent 
                                subdivision of a State for which--
                                            ``(aa) all or part lies 
                                        within the coastal zone of the 
                                        State (as defined in section 
                                        304 of the Coastal Zone 
                                        Management Act of 1972 (16 
                                        U.S.C. 1453)); and
                                            ``(bb) the closest coastal 
                                        point is not more than 200 
                                        nautical miles from the 
                                        geographical center of any 
                                        leased tract on the outer 
                                        Continental Shelf; or
                                    ``(II) a municipal subdivision of a 
                                State for which--
                                            ``(aa) the closest point is 
                                        more than 200 nautical miles 
                                        from the geographical center of 
                                        a leased tract on the outer 
                                        Continental Shelf; and
                                            ``(bb) the State has 
                                        determined to be a significant 
                                        staging area for oil and gas 
                                        servicing, supply vessels, 
                                        operations, suppliers, or 
                                        workers.
                    ``(C) Payments to contiguous coastal states.--
                            ``(i) In general.--With respect to each 
                        producing State that is a contiguous coastal 
                        State, the Secretary of the Treasury shall 
                        pay--
                                    ``(I) 50 percent of the allocable 
                                share of such State determined under 
                                this paragraph to the State treasury to 
                                be used by the State in accordance with 
                                clause (ii);
                                    ``(II) 25 percent of the allocable 
                                share of such State determined under 
                                this paragraph to coastal towns; and
                                    ``(III) 25 percent of the allocable 
                                share of such State determined under 
                                this paragraph to coastal counties.
                            ``(ii) Use of funds.--Funds received by a 
                        producing State under clause (i)(I) shall be 
                        used by such State--
                                    ``(I) to enhance State land and 
                                water conservation efforts, 
                                particularly in inlets, waterways, and 
                                beaches;
                                    ``(II) for the purposes of beach 
                                nourishment and coastline enhancements;
                                    ``(III) for the protection of 
                                coastal wildlife;
                                    ``(IV) to support estuary health 
                                and aquaculture management;
                                    ``(V) for dredging and port 
                                infrastructure development;
                                    ``(VI) grants to support the 
                                geological and geophysical sciences or 
                                petroleum engineering programs or 
                                departments at institutions of higher 
                                education (as such term is defined in 
                                section 101 of the Higher Education Act 
                                of 1965 (20 U.S.C. 1001)) that are 
                                accredited by the Accreditation Board 
                                for Engineering and Technology and 
                                located within the producing State; or
                                    ``(VII) for any other purpose that 
                                enhances coastal communities, as 
                                determined by the Governor of the 
                                producing State.
                            ``(iii) Definition of coastal town.--In 
                        this subparagraph, the term `coastal town' 
                        means an economic and residential center not 
                        more than 20 miles from the coast of the 
                        producing State.
            ``(4) Administration.--Amounts made available under 
        paragraph (2)(B) shall--
                    ``(A) be made available, without further 
                appropriation, in accordance with this subsection;
                    ``(B) remain available until expended;
                    ``(C) be in addition to any amounts appropriated 
                under--
                            ``(i) chapter 2003 of title 54, United 
                        States Code;
                            ``(ii) any other provision of this Act; and
                            ``(iii) any other provision of law; and
                    ``(D) be made available during the fiscal year 
                immediately following the fiscal year in which such 
                amounts were received.''.

SEC. 203. DISTRIBUTION OF OUTER CONTINENTAL SHELF REVENUES TO GULF 
              PRODUCING STATES.

    Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``50'' and 
                inserting ``37.5''; and
                    (B) in paragraph (2)--
                            (i) by striking ``50'' and inserting 
                        ``62.5'';
                            (ii) in subparagraph (A), by striking 
                        ``75'' and inserting ``80''; and
                            (iii) in subparagraph (B), by striking 
                        ``25'' and inserting ``20''; and
            (2) by striking subsection (f).

SEC. 204. ADDRESSING PERMITS FOR TAKING OF MARINE MAMMALS.

    Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1371(a)(5)(D)) is amended as follows:
            (1) In clause (i)--
                    (A) by striking ``citizens of the United States'' 
                and inserting ``persons'';
                    (B) by striking ``within a specific geographic 
                region'';
                    (C) by striking ``of small numbers'';
                    (D) by striking ``such citizens'' and inserting 
                ``such persons''; and
                    (E) by striking ``within that region''.
            (2) In clause (ii)--
                    (A) in subclause (I), by striking ``, and other 
                means of effecting the least practicable impact on such 
                species or stock and its habitat'';
                    (B) in subclause (III), by striking ``requirements 
                pertaining to the monitoring and reporting of such 
                taking by harassment, including'' and inserting 
                ``efficient and practical requirements pertaining to 
                the monitoring of such taking by harassment while the 
                activity is being conducted and the reporting of such 
                taking, including, as the Secretary determines 
                necessary,''; and
                    (C) by adding at the end the following:
``Any condition imposed pursuant to subclause (I), (II), or (III) may 
not result in more than a minor change to the specified activity and 
may not alter the basic design, location, scope, duration, or timing of 
the specified activity.''.
            (3) In clause (iii), by striking ``receiving an application 
        under this subparagraph'' and inserting ``an application is 
        accepted or required to be considered complete under subclause 
        (I)(aa), (II)(aa), or (IV) of clause (viii), as applicable,''.
            (4) In clause (vi), by striking ``a determination of `least 
        practicable adverse impact on such species or stock' under 
        clause (i)(I)'' and inserting ``conditions imposed under 
        subclause (I), (II), or (III) of clause (ii)''.
            (5) By adding at the end the following:
    ``(viii)(I) The Secretary shall--
            ``(aa) accept as complete a written request for 
        authorization under this subparagraph for incidental taking 
        described in clause (i), by not later than 45 days after the 
        date of submission of the request; or
            ``(bb) provide to the requester, by not later than 15 days 
        after the date of submission of the request, a written notice 
        describing any additional information required to complete the 
        request.
    ``(II) If the Secretary provides notice under subclause (I)(bb), 
the Secretary shall, by not later than 30 days after the date of 
submission of the additional information described in the notice--
            ``(aa) accept the written request for authorization under 
        this subparagraph for incidental taking described in clause 
        (i); or
            ``(bb) deny the request and provide the requester a written 
        explanation of the reasons for the denial.
    ``(III) The Secretary may not make a second request for 
information, request that the requester withdraw and resubmit the 
request, or otherwise delay a decision on the request.
    ``(IV) If the Secretary fails to respond to a request for 
authorization under this subparagraph in the manner provided in 
subclause (I) or (II), the request shall be considered to be complete.
    ``(ix)(I) At least 90 days before the expiration of any 
authorization issued under this subparagraph, the holder of such 
authorization may apply for a one-year extension of such authorization. 
The Secretary shall grant such extension within 14 days after the date 
of such request on the same terms and without further review if there 
has been no substantial change in the activity carried out under such 
authorization nor in the status of the marine mammal species or stock, 
as applicable, as reported in the final annual stock assessment reports 
for such species or stock.
    ``(II) In subclause (I) the term `substantial change' means a 
change that prevents the Secretary from making the required findings to 
issue an authorization under clause (i) with respect to such species or 
stock.
    ``(III) The Secretary shall notify the applicant of such 
substantial changes with specificity and in writing within 14 days 
after the applicant's submittal of the extension request.
    ``(x) If the Secretary fails to make the required findings and, as 
appropriate, issue the authorization within 120 days after the 
application is accepted or required to be considered complete under 
subclause (I)(aa), (II)(aa), or (III) of clause (viii), as applicable, 
the authorization is deemed to have been issued on the terms stated in 
the application and without further process or restrictions under this 
Act.
    ``(xi) Any taking of a marine mammal in compliance with an 
authorization under this subparagraph is exempt from the prohibition on 
taking in section 9 of the Endangered Species Act of 1973 (16 U.S.C. 
1538). Any Federal agency authorizing, funding, or carrying out an 
action that results in such taking, and any agency action authorizing 
such taking, is exempt from the requirement to consult regarding 
potential impacts to marine mammal species or designated critical 
habitat under section 7(a)(2) of such Act (16 U.S.C. 1536(a)(2)).''.

SEC. 205. ENERGY DEVELOPMENT IN THE EASTERN GULF OF MEXICO.

    (a) Compatibility Between Military Mission and Oil and Gas 
Operations.--
            (1) Updating memorandum of agreement.--Not later than 270 
        days after the date of the enactment of this Act, the Secretary 
        of the Interior and the Secretary of Defense shall update the 
        memorandum of agreement entitled ``Memorandum of Agreement 
        Between the Department of Defense and the Department of the 
        Interior on Mutual concerns on the Outer Continental Shelf'' to 
        ensure compatibility between the military mission and oil and 
        gas operations in the Eastern Gulf of Mexico.
            (2) Reservations.--Nothing in this section shall be 
        construed to affect section 12 of the Outer Continental Shelf 
        Lands Act (42 U.S.C. 1341).
            (3) Existing leases.--The stipulations and restrictions 
        developed under this subsection shall not apply to existing 
        leases in the Eastern Planning Area.
    (b) Directed Lease Sales.--
            (1) In general.--Notwithstanding the omission of any of 
        these areas from the National Outer Continental Shelf Oil and 
        Gas Leasing Program approved by the Secretary of the Interior 
        under section 18 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1344), as in effect at the time of the lease sale, but 
        subject to paragraph (2) of this subsection, the Secretary 
        shall offer the following areas for oil and gas leasing under 
        such Act:
                    (A) All acreage of the Eastern Planning Area that 
                is not subject to subsection (a) of section 104 of the 
                Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 
                1331 note), as such Act was in effect on the date of 
                the enactment of this Act, by holding at least two 
                lease sales before December 31, 2021.
                    (B) All acreage of the Eastern Planning Area by 
                holding at least one additional sale after June 30, 
                2022 and before December 31, 2022, and at least two 
                additional sales each subsequent year.
            (2) National environmental policy act requirements.--The 
        Secretary and all other Federal officials shall complete all 
        actions required by section 102(2)(C) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with 
        respect to such lease sales by not later than one year before 
        the final lease sale conducted under paragraph (1).
            (3) Definitions.--In this section, the term ``Eastern 
        Planning Area'' means the Eastern Gulf of Mexico Planning Area 
        of the Outer Continental Shelf, as designated in the document 
        entitled ``2019-2024 National Outer Continental Shelf Oil and 
        Gas Leasing Draft Proposed Program'', dated January 2018.
    (c) Lease Terms.--
            (1) In general.--Paragraph (2) of section 8(b) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1337(b)) is amended to 
        read as follows:
            ``(2) be for an initial period of--
                    ``(A) five years, except as provided in 
                subparagraphs (B) and (C);
                    ``(B) not to exceed ten years if the Secretary 
                finds that such longer period is necessary to encourage 
                exploration and development in areas because of 
                unusually deep water or other unusually adverse 
                conditions, except as provided in subparagraph (C); or
                    ``(C) for leases located in water depths of greater 
                than 1,500 meters, 15 years, and as long thereafter as 
                oil or gas is produced from the area in paying 
                quantities or drilling or well reworking operations 
                approved by the Secretary are conducted thereon.''.
            (2) Extension of existing leases.--
                    (A) In general.--Within 180 days after the date of 
                the enactment of this Act, the Secretary of the 
                Interior shall issue regulations under which the 
                Secretary may extend by five years the term of an oil 
                and gas lease under the Outer Continental Shelf Lands 
                Act (43 U.S.C. 1344) for a tract located in water 
                deeper than 1,500 meters.
                    (B) Application; payment.--Regulations issued under 
                this paragraph shall require--
                            (i) submission of an application for such 
                        extension; and
                            (ii) payment of a minimum bid amount.
                    (C) Limitation.--The Secretary may not extend the 
                term of a lease under this paragraph more than once.
    (d) Report.--The Secretary of the Interior shall submit a report to 
the House Committee on Natural Resources and the Senate Committee on 
Energy and Natural Resources regarding options for sharing the revenues 
produced in the Eastern Gulf of Mexico Planning Area with the Gulf 
States consistent with the revenue sharing formulas under the Gulf of 
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note) as amended by 
this Act. The report shall include analysis of potential economic 
benefits to the Gulf States and recommendations for authorizing the use 
of these revenues for coastal restoration, recovering endangered 
species, coral restoration, and mitigation of harmful algal blooms.

                     TITLE III--ALTERNATIVE ENERGY

SEC. 301. GEOTHERMAL, SOLAR, AND WIND LEASING PRIORITY AREAS.

    (a) Definitions.--In this section:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) Federal land; and
                    (B) not excluded from the development of geothermal 
                energy under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.); or
                            (ii) any other Federal law.
            (2) Priority area; designated leasing areas.--The terms 
        ``priority area'' and ``Designated Leasing Areas'' mean covered 
        land identified by the land use planning process of the Bureau 
        of Land Management as being a preferred location for a 
        renewable energy project for solar, wind, or geothermal energy.
    (b) Designation of Geothermal, Solar, and Wind Leasing Priority 
Areas.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Energy, shall establish priority areas on covered 
        land for geothermal, solar, and wind energy projects.
            (2) Deadline.--
                    (A) Geothermal and wind energy.--With respect to 
                geothermal and wind energy, the Secretary shall 
                establish priority areas as soon as practicable, but 
                not later than 5 years after the date of the enactment 
                of this Act.
                    (B) Solar energy.--For solar energy, solar 
                Designated Leasing Areas, including the solar energy 
                zones established by the 2012 western solar plan of the 
                Bureau of Land Management and any subsequent land use 
                plan amendments, shall be considered to be priority 
                areas for solar energy projects. The Secretary shall 
                establish additional solar priority areas as soon as 
                practicable, but not later than 3 years after the date 
                of the enactment of this Act.
    (c) Criteria for Selection.--In determining which covered lands to 
designate as geothermal, solar, and wind leasing priority areas under 
subsection (b), the Secretary, in consultation with the Secretary of 
Energy, shall consider if--
            (1) the covered land is preferable for geothermal, solar, 
        and wind leasing;
            (2) production of geothermal, solar, and wind energy on 
        such land is economically viable, including if such land has 
        access to methods of energy transmission; and
            (3) the designation would be in compliance with section 202 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1712), including subsection (c)(9) of that section.
    (d) Review and Modification.--Not less frequently than once every 5 
years, the Secretary shall--
            (1) review covered land and, if appropriate, make 
        additional designations of geothermal, solar, and wind leasing 
        priority areas; and
            (2) review each area designated as a geothermal, solar, or 
        wind energy leasing priority area under this section, and, if 
        appropriate, remove such designation.
    (e) Compliance With the National Environmental Policy Act.--For the 
purposes of this section, compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
            (1) with respect to geothermal energy, by supplementing the 
        October 2008 final programmatic environmental impact statement 
        for geothermal leasing in the Western United States and 
        incorporating any additional regional analyses that have been 
        completed by Federal agencies since such programmatic 
        environmental impact statement was finalized;
            (2) with respect to solar energy, by supplementing the July 
        2012 final programmatic environmental impact statement for 
        solar energy development and incorporating any additional 
        regional analyses that have been completed by Federal agencies 
        since such programmatic environmental impact statement was 
        finalized; and
            (3) with respect to wind energy, by supplementing the July 
        2005 final programmatic environmental impact statement for wind 
        energy development and incorporating any additional regional 
        analyses that have been completed by Federal agencies since 
        such programmatic environmental impact statement was finalized.
    (f) Additional Environmental Review.--If the Secretary determines 
that additional environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed 
renewable energy project, the Secretary shall--
            (1) rely on the analysis in the programmatic environmental 
        impact statement conducted under subsection (e), to the maximum 
        extent practicable when analyzing the potential impacts of the 
        project;
            (2) complete any environmental review document in not more 
        than 364 days; and
            (3) limit any review documents to 150 pages in length.

SEC. 302. GEOTHERMAL PRODUCTION ON FEDERAL LANDS.

    The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is 
amended by adding at the end the following:

``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.

    ``(a) Definition of Geothermal Exploration Test Project.--In this 
section, the term `geothermal exploration test project' means the 
drilling of a well to test or explore for geothermal resources on lands 
for which the Secretary has issued a lease under this Act, that--
            ``(1) is carried out by the holder of the lease;
            ``(2) causes--
                    ``(A) less than 5 acres of soil or vegetation 
                disruption at the location of each geothermal 
                exploration well; and
                    ``(B) not more than an additional 5 acres of soil 
                or vegetation disruption during access or egress to the 
                test site;
            ``(3) is developed--
                    ``(A) less than 9 inches in diameter;
                    ``(B) in a manner that does not require off-road 
                motorized access other than to and from the well site 
                along an identified off-road route;
                    ``(C) without construction of new roads other than 
                upgrading of existing drainage crossings for safety 
                purposes;
                    ``(D) with the use of rubber-tired digging or 
                drilling equipment vehicles; and
                    ``(E) without the use of high-pressure well 
                stimulation;
            ``(4) is completed in less than 90 days, including the 
        removal of any surface infrastructure from the site; and
            ``(5) requires the restoration of the project site within 3 
        years of the date of first exploration drilling to 
        approximately the condition that existed at the time the 
        project began, unless the site is subsequently used as part of 
        energy development under the lease.
    ``(b) Categorical Exclusion.--
            ``(1) In general.--Unless extraordinary circumstances 
        exist, a project that the Secretary determines under subsection 
        (c) is a geothermal exploration test project shall be 
        categorically excluded from the requirements for an 
        environmental assessment or an environmental impact statement 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) or section 1508.4 of title 40, Code of Federal 
        Regulations (or a successor regulation).
            ``(2) Extraordinary circumstances definition.--In this 
        subsection, the term `extraordinary circumstances' has the same 
        meaning given such term in the Department of the Interior 
        Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 
        (or successor provisions).
    ``(c) Process.--
            ``(1) Requirement to provide notice.--A leaseholder shall 
        provide notice to the Secretary of the leaseholder's intent to 
        carry out a geothermal exploration test project at least 30 
        days before the date on which drilling under the project will 
        begin.
            ``(2) Review and determination.--Not later than 10 days 
        after receipt of a notice of intent under paragraph (1), the 
        Secretary shall, with respect to the project described in the 
        notice of intent--
                    ``(A) determine if the project qualifies for a 
                categorical exclusion under subsection (b); and
                    ``(B) notify the leaseholder of such determination.
            ``(3) Opportunity to remedy.--If the Secretary determines 
        under paragraph (2)(A) that the project does not qualify for a 
        categorical exclusion under subsection (b), the Secretary 
        shall--
                    ``(A) include in such notice clear and detailed 
                findings on any deficiencies in the project that 
                resulted in such determination; and
                    ``(B) allow the leaseholder to remedy any such 
                deficiencies and resubmit the notice of intent under 
                paragraph (1).''.

SEC. 303. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND 
              GAS LEASES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is amended by adding at the end the following:
            ``(4) Land subject to oil and gas lease.--Land under an oil 
        and gas lease issued pursuant to the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 
        Lands (30 U.S.C. 351 et seq.) that is subject to an approved 
        application for permit to drill and from which oil and gas 
        production is occurring may be available for noncompetitive 
        leasing under subsection (c) by the holder of the oil and gas 
        lease--
                    ``(A) on a determination that geothermal energy 
                will be produced from a well producing or capable of 
                producing oil and gas; and
                    ``(B) in order to provide for the coproduction of 
                geothermal energy with oil and gas.''.

SEC. 304. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF 
              GEOTHERMAL RESOURCES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is further amended by adding at the end the following:
            ``(5) Adjoining land.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Fair market value per acre.--The term 
                        `fair market value per acre' means a dollar 
                        amount per acre that--
                                    ``(I) except as provided in this 
                                clause, shall be equal to the market 
                                value per acre (taking into account the 
                                determination under subparagraph 
                                (B)(iii) regarding a valid discovery on 
                                the adjoining land) as determined by 
                                the Secretary under regulations issued 
                                under this paragraph;
                                    ``(II) shall be determined by the 
                                Secretary with respect to a lease under 
                                this paragraph, by not later than the 
                                end of the 180-day period beginning on 
                                the date the Secretary receives an 
                                application for the lease; and
                                    ``(III) shall be not less than the 
                                greater of--
                                            ``(aa) 4 times the median 
                                        amount paid per acre for all 
                                        land leased under this Act 
                                        during the preceding year; or
                                            ``(bb) $50.
                            ``(ii) Industry standards.--The term 
                        `industry standards' means the standards by 
                        which a qualified geothermal professional 
                        assesses whether downhole or flowing 
                        temperature measurements with indications of 
                        permeability are sufficient to produce energy 
                        from geothermal resources, as determined 
                        through flow or injection testing or 
                        measurement of lost circulation while drilling.
                            ``(iii) Qualified federal land.--The term 
                        `qualified Federal land' means land that is 
                        otherwise available for leasing under this Act.
                            ``(iv) Qualified geothermal professional.--
                        The term `qualified geothermal professional' 
                        means an individual who is an engineer or 
                        geoscientist in good professional standing with 
                        at least 5 years of experience in geothermal 
                        exploration, development, or project 
                        assessment.
                            ``(v) Qualified lessee.--The term 
                        `qualified lessee' means a person who may hold 
                        a geothermal lease under this Act (including 
                        applicable regulations).
                            ``(vi) Valid discovery.--The term `valid 
                        discovery' means a discovery of a geothermal 
                        resource by a new or existing slim hole or 
                        production well, that exhibits downhole or 
                        flowing temperature measurements with 
                        indications of permeability that are sufficient 
                        to meet industry standards.
                    ``(B) Authority.--An area of qualified Federal land 
                that adjoins other land for which a qualified lessee 
                holds a legal right to develop geothermal resources may 
                be available for a noncompetitive lease under this 
                section to the qualified lessee at the fair market 
                value per acre, if--
                            ``(i) the area of qualified Federal land--
                                    ``(I) consists of not less than 1 
                                acre and not more than 640 acres; and
                                    ``(II) is not already leased under 
                                this Act or nominated to be leased 
                                under subsection (a);
                            ``(ii) the qualified lessee has not 
                        previously received a noncompetitive lease 
                        under this paragraph in connection with the 
                        valid discovery for which data has been 
                        submitted under clause (iii)(I); and
                            ``(iii) sufficient geological and other 
                        technical data prepared by a qualified 
                        geothermal professional has been submitted by 
                        the qualified lessee to the applicable Federal 
                        land management agency that would lead 
                        individuals who are experienced in the subject 
                        matter to believe that--
                                    ``(I) there is a valid discovery of 
                                geothermal resources on the land for 
                                which the qualified lessee holds the 
                                legal right to develop geothermal 
                                resources; and
                                    ``(II) that geothermal feature 
                                extends into the adjoining areas.
                    ``(C) Determination of fair market value.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) publish a notice of any 
                                request to lease land under this 
                                paragraph;
                                    ``(II) determine fair market value 
                                for purposes of this paragraph in 
                                accordance with procedures for making 
                                those determinations that are 
                                established by regulations issued by 
                                the Secretary;
                                    ``(III) provide to a qualified 
                                lessee and publish, with an opportunity 
                                for public comment for a period of 30 
                                days, any proposed determination under 
                                this subparagraph of the fair market 
                                value of an area that the qualified 
                                lessee seeks to lease under this 
                                paragraph; and
                                    ``(IV) provide to the qualified 
                                lessee and any adversely affected party 
                                the opportunity to appeal the final 
                                determination of fair market value in 
                                an administrative proceeding before the 
                                applicable Federal land management 
                                agency, in accordance with applicable 
                                law (including regulations).
                            ``(ii) Limitation on nomination.--After 
                        publication of a notice of request to lease 
                        land under this paragraph, the Secretary may 
                        not accept under subsection (a) any nomination 
                        of the land for leasing unless the request has 
                        been denied or withdrawn.
                            ``(iii) Annual rental.--For purposes of 
                        section 5(a)(3), a lease awarded under this 
                        paragraph shall be considered a lease awarded 
                        in a competitive lease sale.
                    ``(D) Regulations.--Not later than 270 days after 
                the date of enactment of this paragraph, the Secretary 
                shall issue regulations to carry out this paragraph.''.

SEC. 305. APPLICATION OF OUTER CONTINENTAL SHELF LANDS ACT WITH RESPECT 
              TO TERRITORIES OF THE UNITED STATES.

    (a) In General.--Section 2 of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331) is amended--
            (1) in paragraph (a)--
                    (A) by inserting after ``control'' the following: 
                ``or lying within the exclusive economic zone of the 
                United States and the outer Continental Shelf adjacent 
                to any territory or possession of the United States''; 
                and
                    (B) by adding at the end before the semicolon the 
                following: ``, except that such term shall not include 
                any area conveyed by Congress to a territorial 
                government for administration'';
            (2) in paragraph (p), by striking ``and'' after the 
        semicolon at the end;
            (3) in paragraph (q), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
    ``(r) The term `State' includes each territory of the United 
States.''.
    (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1344) is amended by adding at the end the following:
    ``(i) This section shall not apply to the scheduling of lease sales 
in the outer Continental Shelf adjacent to the territories and 
possessions of the United States.''.

SEC. 306. DISPOSITION OF REVENUES WITH RESPECT TO TERRITORIES OF THE 
              UNITED STATES.

    Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
is amended--
            (1) by striking ``All rentals'' and inserting the 
        following:
    ``(a) In General.--Except as otherwise provided in law, all 
rentals''; and
            (2) by adding at the end the following:
    ``(b) Disposition of Revenues to Territories of the United 
States.--Of the rentals, royalties, and other sums paid to the 
Secretary under this Act from a lease for an area of land on the outer 
Continental Shelf adjacent to a territory and lying within the 
exclusive economic zone of the United States pertaining to such 
territory, and not otherwise obligated or appropriated--
            ``(1) 50 percent shall be deposited in the Treasury and 
        credited to miscellaneous receipts;
            ``(2) 12.5 percent shall be deposited in the Coral Reef 
        Conservation Fund established under section 211 of the Coral 
        Reef Conservation Act of 2000; and
            ``(3) 37.5 percent shall be disbursed to territories of the 
        United States in an amount for each territory (based on a 
        formula established by the Secretary by regulation) that is 
        inversely proportional to the respective distance between the 
        point on the coastline of the territory that is closest to the 
        geographic center of the applicable leased tract and the 
        geographic center of the leased tract.''.

SEC. 307. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.

    (a) Conditional Wind Lease Sales in Territories of the United 
States.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
is amended by adding at the end the following:

``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.

    ``(a) Authorization.--The Secretary may conduct wind lease sales on 
the outer Continental Shelf.
    ``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted 
under this section shall be considered a lease under section 8(p).
    ``(c) Wind Lease Sales Off Coasts of Territories of the United 
States.--
            ``(1) Study on feasibility of conducting wind lease 
        sales.--
                    ``(A) In general.--The Secretary shall conduct a 
                study on the feasibility, including the technological 
                and long-term economic feasibility, of conducting wind 
                lease sales on an area of the outer Continental Shelf 
                within the territorial jurisdiction of American Samoa, 
                Guam, the Northern Mariana Islands, Puerto Rico, and 
                the Virgin Islands of the United States.
                    ``(B) Consultation.--In conducting the study 
                required in paragraph (A), the Secretary shall 
                consult--
                            ``(i) the National Renewable Energy 
                        Laboratory of the Department of Energy; and
                            ``(ii) the Governor of each of American 
                        Samoa, Guam, the Northern Mariana Islands, 
                        Puerto Rico, and the Virgin Islands of the 
                        United States.
                    ``(C) Publication.--The study required in paragraph 
                (A) shall be published in the Federal Register for 
                public comment for not fewer than 60 days.
                    ``(D) Submission of results.--Not later than 18 
                months after the date of the enactment of this section, 
                the Secretary shall submit the results of the study 
                conducted under subparagraph (A) to:
                            ``(i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            ``(ii) the Committee on Natural Resources 
                        of the House of Representatives; and
                            ``(iii) each of the delegates or resident 
                        commissioner to the House of Representatives 
                        from American Samoa, Guam, the Northern Mariana 
                        Islands, Puerto Rico, and the Virgin Islands of 
                        the United States, respectively.
                    ``(E) Public availability.--The study required 
                under subparagraph (A) and results submitted under 
                subparagraph (C) shall be made readily available on a 
                public Government internet website.
            ``(2) Call for information and nominations.--The Secretary 
        shall issue a call for information and nominations for proposed 
        wind lease sales for areas determined to be feasible under the 
        study conducted under paragraph (1).
            ``(3) Conditional wind lease sales.--
                    ``(A) In general.--For each territory, the 
                Secretary shall conduct not less than 1 wind lease sale 
                on an area of the outer Continental Shelf within the 
                territorial jurisdiction of such territory that meets 
                each of the following criteria:
                            ``(i) The study required under paragraph 
                        (1)(A) concluded that a wind lease sale on the 
                        area is feasible.
                            ``(ii) The Secretary has determined that 
                        the call for information has generated 
                        sufficient interest for the area.
                            ``(iii) The Secretary has consulted with 
                        the Secretary of Defense regarding such a sale.
                            ``(iv) The Secretary has consulted with the 
                        Governor of the territory regarding the 
                        suitability of the area for wind energy 
                        development.
                    ``(B) Exception.--If no area of the outer 
                Continental Shelf within the territorial jurisdiction 
                of a territory meets each of the criteria in clauses 
                (i) through (iii) of subparagraph (A), the requirement 
                under subparagraph (A) shall not apply to such 
                territory.''.

SEC. 308. ESTABLISHMENT OF CORAL REEF CONSERVATION FUND.

    (a) In General.--The Coral Reef Conservation Act of 2000 (16 U.S.C. 
6401 et seq.) is amended by adding at the end the following:

``SEC. 211. CORAL REEF CONSERVATION FUND.

    ``(a) Establishment.--There is established in the Treasury the 
Coral Reef Conservation Fund, hereafter referred to as the Fund.
    ``(b) Deposits.--For each fiscal year, there shall be deposited in 
the Fund the portion of such revenues due and payable to the United 
States under subsection (b)(2) of section 9 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1338).
    ``(c) Uses.--Amounts deposited in the Fund under this section and 
appropriated to the Secretary of Commerce under subsection (f) shall be 
used by the Secretary of Commerce to carry out the Coral Reef 
Conservation Act of 2000 (16 U.S.C. 6401 et seq.), with priority given 
to carrying out sections 204 and 206 of such Act (16 U.S.C. 6403 and 
6405).
    ``(d) Availability.--Amounts deposited in the Fund shall remain in 
the Fund until appropriated by Congress.
    ``(e) Reporting.--The President shall include with the proposed 
budget for the United States Government submitted to Congress for a 
fiscal year a comprehensive statement of deposits into the Fund during 
the previous fiscal year and estimated requirements during the 
following fiscal year for appropriations from the Fund.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated from the Fund to the Secretary of Commerce, an amount 
equal to the amount deposited in the Fund in the previous fiscal year.
    ``(g) No Limitation.--Appropriations from the Fund pursuant to this 
section may be made without fiscal year limitation.''.
    (b) Renaming of Existing Fund.--Section 205 of the Coral Reef 
Conservation Act of 2000 (16 U.S.C. 6404) is amended--
            (1) in the heading, by striking ``coral reef conservation 
        fund'' and inserting ``coral reef public-private partnership'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking ``Fund'' 
                and inserting ``Public-Private Partnership''; and
                    (B) by striking ``, hereafter referred to as the 
                Fund,''; and
            (3) in subsection (b), by striking ``Fund'' and inserting 
        ``separate interest bearing account''.

              TITLE IV--LIMITATIONS ON LEASING MORATORIUMS

SEC. 401. COAL LEASES.

    Section 2(a)(1) of the Mineral Leasing Act (30 U.S.C. 202a(a)(1)) 
is amended by striking ``in his discretion, upon the request of any 
qualified applicant or on his own motion from time to time'' and 
inserting ``at the Secretary's discretion or upon the request of any 
qualified applicant''.

SEC. 402. CONGRESSIONAL AUTHORITY REQUIREMENT.

    Notwithstanding any other provision of law, the Secretary of the 
Interior may not declare a moratorium on the leasing of Federal lands, 
including on the Outer Continental Shelf, for the drilling, mining, or 
collection of oil, gas, or coal, or related activities unless such 
moratorium is authorized by an Act of Congress.
                                 <all>