Title: American Energy First Act
Policy area: Energy

Summary:
American Energy First Act
This bill addresses the onshore and offshore production of traditional (e.g., oil and gas) and alternative (e.g., solar and wind) energy resources and establishes requirements for distributing revenues generated from energy production, including revenues to states and territories for conservation efforts.
For example, the bill limits the President's authority to (1) withdraw areas of the Outer Continental Shelf (OCS) from oil and gas leasing, and (2) declare new marine national monuments.
In addition, the Department of the Interior must obtain congressional approval before declaring a moratorium on issuing leases on federal lands or waters for oil, gas, or coal. Further, the bill requires Interior to defer to state regulations, guidance, and permit requirements for all activities regarding hydraulic fracturing (i.e., fracking) relating to oil, gas, or geothermal production activities on federal land. Interior may delegate decisions about issuing oil and gas drill permits on federal land to states.
Interior must also establish certain federal land as geothermal, solar, and wind energy leasing priority areas. The bill also allows Interior to conduct certain lease sales, such as offshore wind lease sales on the OCS in the U.S. Exclusive Economic Zone adjacent to U.S. territories, and establishes requirements for distributing revenues from such leases to the Treasury, the Coral Reef Conservation Fund established by this bill, and U.S. territories.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4334 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4334

 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

                              July 1, 2021

 Mr. Scalise (for himself and Mr. Westerman) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
      addition to the Committee on the Budget, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 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. Exemption of certain payments from sequestration.
Sec. 105. State and Tribal authority for hydraulic fracturing 
                            regulation.
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 revenue from oil and gas leasing on the Outer 
                            Continental Shelf to Atlantic States and 
                            Alaska.
Sec. 203. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 204. Addressing permits for taking of marine mammals.
Sec. 205. Energy development in the Eastern Gulf of Mexico.
Sec. 206. Annual lease sales in Gulf of Mexico region.
                     TITLE III--ALTERNATIVE ENERGY

Sec. 301. Geothermal, solar, and wind leasing priority areas.
Sec. 302. Geothermal production on Federal lands.
Sec. 303. Application of Outer Continental Shelf Lands Act with respect 
                            to territories of the United States.
Sec. 304. Disposition of revenues with respect to territories of the 
                            United States.
Sec. 305. Wind lease sales for areas of Outer Continental Shelf.
Sec. 306. Establishment of Coral Reef Conservation Fund.
Sec. 307. Parity in offshore wind revenue sharing.
Sec. 308. Energy and environmental remediation demonstration project 
                            for biochar.
              TITLE IV--LIMITATIONS ON LEASING MORATORIUMS

Sec. 401. Coal leases.
Sec. 402. Congressional authority requirement.
Sec. 403. Prohibition on moratoria of new energy leases on certain 
                            Federal land and on withdrawal of Federal 
                            land from energy development.

                      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 47; 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) 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.
            ``(2) 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.).
            ``(3) 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).
            ``(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 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 land 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).
            ``(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 only to the extent 
                provided for in advance in an appropriations Act; and
                    ``(C) shall only 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.
            ``(5) Payment due date.--The Secretary shall require 
        payment of any fee assessed under this subsection not later 
        than 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 using 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.''.

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 1982 (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.--An oil and gas exploration and 
        production activity 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) 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; 
                and
                    ``(D) shall not be subject to--
                            ``(i) section 306108 of title 54, United 
                        States Code (commonly known as the National 
                        Historic Preservation Act of 1966); and
                            ``(ii) 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. 1701 et seq.).
            ``(B) The Secretary may conduct onsite 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. EXEMPTION OF CERTAIN PAYMENTS FROM SEQUESTRATION.

    (a) In General.--Section 255(g)(1)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is 
amended by inserting after ``Payments to Social Security Trust Funds 
(28-0404-0-1-651).'' the following:
            ``Payments to States pursuant to section 35 of the Mineral 
        Leasing Act (30 U.S.C. 191) (014-5003-0-2-806).''.
    (b) Applicability.--The amendment made by this section shall apply 
to any sequestration order issued under the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or 
after the date of enactment of this Act.

SEC. 105. 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. 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 not later than 60 days after such payment.'' 
after ``annual rental for the first lease year.''.

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

    Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is 
amended by adding at the end the following:
    ``(c) Limitation on Application to Accidental or Incidental Take.--
This Act shall not apply to any activity described in subsection (a) 
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 as follows:
            ``(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 
                utility 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 
        utility 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, facility, or 
                utility 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), as amended 
by section 103 of this Act, is further amended by adding at the end the 
following:
    ``(r) Protest Filing Fee.--
            ``(1) In general.--Before processing any protest filed 
        under this section, the Secretary shall collect a filing fee in 
        the amount described in paragraph (2) from the protestor to 
        recover the cost for processing documents filed for each 
        administrative protest.
            ``(2) Amount.--The amount described in this paragraph is 
        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, in 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, 2022, 
                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 of this Act) the 
following:

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

    ``(a) In General.--Not later than 1 year after the date of 
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 reentry 
                        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 archaeological 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 
        archaeological 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 for the purposes of 
        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 for the purposes of 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) Reservations.--Section 12(a) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1341(a)) is amended to read as follows:
    ``(a) Limitation on Withdrawal.--
            ``(1) In general.--Except as otherwise provided in this 
        section, no submerged 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 submerged lands 
        of the Outer Continental Shelf that are located in a national 
        marine sanctuary designated--
                    ``(A) in accordance with the National Marine 
                Sanctuaries Act (16 U.S.C. 1431 et seq.); or
                    ``(B) by an Act of Congress.
            ``(3) Existing withdrawals.--
                    ``(A) In general.--Except for the withdrawals 
                described in subparagraph (B), any withdrawal from 
                disposition of submerged lands of 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 from disposition of 
                        submerged lands of the Outer Continental Shelf 
                        that are located in a national marine sanctuary 
                        designated in accordance with the National 
                        Marine Sanctuaries Act (16 U.S.C. 1431 et 
                        seq.).
                            ``(ii) Any withdrawal from disposition of 
                        submerged lands of the Outer Continental Shelf 
                        that are located in the boundary of a national 
                        monument declared under section 320301 of title 
                        54, United States Code.
                            ``(iii) Any withdrawal from disposition of 
                        the North Aleutian Basin planning area, 
                        including Bristol Bay (as such planning area is 
                        depicted in the document titled `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)).''.
    (b) Termination of Authority To Establish Marine National 
Monuments.--Section 320301 of title 54, United States Code, is 
amended--
            (1) in subsection (a), by striking ``The President may,'' 
        and inserting ``Except as provided in subsection (e), the 
        President may,'';
            (2) in subsection (b), by striking ``The President may'' 
        and inserting ``Except as provided in subsection (e), the 
        President may''; and
            (3) by adding at the end the following:
    ``(e) Limitation on Marine National Monuments.--
            ``(1) In general.--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 submerged lands 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 REVENUE 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 depicted in the document titled 
                        `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) The Mid-Atlantic planning 
                                area.
                                    ``(II) The South Atlantic planning 
                                area.
                                    ``(III) Any planning area located 
                                off the coast of the State of Alaska.
                            ``(ii) Exclusions.--The term `covered 
                        planning area' does not include any area in the 
                        Atlantic Ocean--
                                    ``(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.--
                            ``(i) In general.--The term `producing 
                        State' means each of the following States:
                                    ``(I) Virginia.
                                    ``(II) North Carolina.
                                    ``(III) South Carolina.
                                    ``(IV) Georgia.
                                    ``(V) Alaska.
                            ``(ii) Exclusion.--The term `producing 
                        State' does not include any State the coastal 
                        seaward boundary of which is further than 200 
                        nautical miles from the geographic center of 
                        any leased tract of the Outer Continental 
                        Shelf.
                    ``(C) Qualified revenue.--
                            ``(i) In general.--The term `qualified 
                        revenue' means any revenue derived from 
                        rentals, royalties, bonus bids, and other sums 
                        due and payable to the United States under an 
                        oil and gas lease with respect to a covered 
                        planning area entered into on or after the date 
                        of the enactment of this subsection.
                            ``(ii) Exclusions.--The term `qualified 
                        revenue' does not include--
                                    ``(I) revenue 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) revenue generated from a 
                                lease subject to section 8(g); and
                                    ``(III) the portion of the rental 
                                revenue in excess of the amount of 
                                rental revenue that would have been 
                                collected at the rates in effect before 
                                August 5, 1993.
            ``(2) Deposit of qualified revenue.--
                    ``(A) Phase i.--With respect to qualified revenue 
                from leases awarded under the first leasing program 
                approved under section 18(a) that takes effect after 
                the date of the enactment of this subsection, the 
                Secretary of the Treasury shall deposit or allocate, as 
                applicable--
                            ``(i) 87.5 percent of such qualified 
                        revenue into the general fund of the Treasury; 
                        and
                            ``(ii) 12.5 percent of such qualified 
                        revenue to producing States in accordance with 
                        paragraph (3).
                    ``(B) Phase ii.--With respect to qualified revenue 
                from leases awarded under the second leasing program 
                approved under section 18(a) that takes effect after 
                the date of the enactment of this subsection, the 
                Secretary of the Treasury shall deposit or allocate, as 
                applicable--
                            ``(i) 75 percent of such qualified revenue 
                        into the general fund of the Treasury; and
                            ``(ii) 25 percent of such qualified revenue 
                        to producing States in accordance with 
                        paragraph (3).
                    ``(C) Phase iii.--With respect to qualified revenue 
                from leases awarded under the third leasing program 
                approved under section 18(a) that takes effect after 
                the date of the enactment of this subsection, and under 
                any subsequent such leasing program, the Secretary of 
                the Treasury shall deposit or allocate, as applicable--
                            ``(i) 50 percent of such qualified revenue 
                        into the general fund of the Treasury; and
                            ``(ii) 50 percent of such qualified revenue 
                        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.--In accordance with subparagraphs 
                (B) and (C), the Secretary of the Treasury shall 
                annually allocate the amounts made available under 
                subparagraphs (A)(ii), (B)(ii), and (C)(ii)(I) of 
                paragraph (2) to each producing State in an amount 
                (based on a formula established by the Secretary 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; and
                            ``(ii) is not less than 10 percent of the 
                        qualified revenue for a given leasing program.
                    ``(B) Allocation 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 
                        allocate 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 allocated by 
                        the Secretary of the Treasury to coastal 
                        political subdivisions under this subparagraph 
                        shall be allocated to each such 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 of such 
                                        subdivision 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 of such subdivision 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--
                                            ``(aa) for which the 
                                        closest point of such 
                                        subdivision is not more than 
                                        200 nautical miles from the 
                                        geographical center of a leased 
                                        tract on the Outer Continental 
                                        Shelf; and
                                            ``(bb) that the State 
                                        determines is a significant 
                                        staging area for oil and gas 
                                        servicing, supply vessels, 
                                        operations, suppliers, or 
                                        workers.
                    ``(C) Allocation 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 
                        allocate--
                                    ``(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 allocated to 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) to provide 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--
                                            ``(aa) are accredited by 
                                        the Accreditation Board for 
                                        Engineering and Technology; and
                                            ``(bb) are 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 that 
                        is 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. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.

    (a) Distribution of Outer Continental Shelf Revenue 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).
    (b) Exemption of Certain Payments From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1-651).'' the following:
            ``Payments to States pursuant to section 105(a)(2)(A) of 
        the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
        432; 43 U.S.C. 1331 note) (014-5535-0-2-302).''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

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 not later than 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 not later than 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 
                not later than 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 affects section 
        12 of the Outer Continental Shelf Lands Act (43 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 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 section 104(a) of the Gulf of Mexico 
                Energy Security Act of 2006 (43 U.S.C. 1331 note), as 
                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 1 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 such planning area is 
        depicted in the document titled ``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).
    (c) Lease Terms.--
            (1) In general.--Section 8(b)(2) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(b)(2)) is amended to read as 
        follows:
            ``(2) be for an initial period of not more than--
                    ``(A) 5 years;
                    ``(B) 10 years if the Secretary finds that a longer 
                period is necessary to encourage exploration and 
                development in areas with unusually deep water or other 
                unusually adverse conditions; or
                    ``(C) 15 years for leases located in water depths 
                of more than 1,500 meters and as long as--
                            ``(i) oil or gas is produced from the area 
                        in paying quantities; or
                            ``(ii) drilling or well reworking 
                        operations approved by the Secretary are 
                        conducted;''.
            (2) Extension of existing leases.--
                    (A) In general.--Not later than 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 5 years the term of an oil and 
                gas lease under section 18 of the Outer Continental 
                Shelf Lands Act (43 U.S.C. 1344) for a tract located in 
                water depths of more 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.--
            (1) In general.--The Secretary of the Interior shall submit 
        to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report regarding options for sharing 
        the revenue collected from oil and gas leasing in the Eastern 
        Gulf of Mexico Planning Area with the Gulf States consistent 
        with section 105 of the Gulf of Mexico Energy Security Act of 
        2006 (43 U.S.C. 1331 note), as amended by section 203 of this 
        Act.
            (2) Inclusion.--The report shall include analysis of 
        potential economic benefits to the Gulf States and 
        recommendations for authorizing the use of the revenue for 
        coastal restoration, recovering endangered species, coral 
        restoration, and mitigation of harmful algal blooms.

SEC. 206. ANNUAL LEASE SALES IN GULF OF MEXICO REGION.

    Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1344) is amended by adding at the end the following:
    ``(i) Annual Lease Sales in Gulf of Mexico Region.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Central gulf of mexico planning area.--The 
                term `Central Gulf of Mexico Planning Area' has the 
                meaning given the term `Central Planning Area' in 
                section 102 of the Gulf of Mexico Energy Security Act 
                of 2006 (43 U.S.C. 1331 note; Public Law 109-432).
                    ``(B) Western gulf of mexico planning area.--The 
                term `Western Gulf of Mexico Planning Area' means the 
                Western Gulf of Mexico Planning Area of the Outer 
                Continental Shelf, as designated in the document 
                entitled `Draft Proposed Program Outer Continental 
                Shelf Oil and Gas Leasing Program 2007-2012' and dated 
                February 2006.
            ``(2) Annual lease sales.--Notwithstanding any other 
        provision of law, beginning in fiscal year 2022, the Secretary 
        shall hold a minimum of 2 regionwide lease sales annually in 
        the Gulf of Mexico pursuant to this Act, each of which shall 
        include areas in--
                    ``(A) the Central Gulf of Mexico Planning Area; and
                    ``(B) the Western Gulf of Mexico Planning Area.
            ``(3) Requirements.--
                    ``(A) In general.--In carrying out the lease sales 
                under paragraph (2), the Secretary shall issue leases 
                to the highest responsible qualified bidder or bidders.
                    ``(B) Areas included in lease sales.--In carrying 
                out the lease sales under paragraph (2), the Secretary 
                shall include in each lease sale all unleased areas 
                that are not subject to restrictions as of the date of 
                the lease sale.
            ``(4) Environmental review.--
                    ``(A) In general.--With respect to each lease sale 
                required under paragraph (2), the Secretary shall 
                conduct any environmental reviews required by the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
                    ``(B) Deadline.--
                            ``(i) Individual review.--If the Secretary 
                        conducts environmental reviews with respect to 
                        a lease sale under subparagraph (A) for each 
                        individual lease included in the lease sale, 
                        the Secretary shall complete all environmental 
                        reviews for the lease sale, including by 
                        issuing a finding of no significant impact or a 
                        record of decision, if applicable, in less than 
                        365 calendar days.
                            ``(ii) Programmatic review.--If the 
                        Secretary conducts a programmatic environmental 
                        review with respect to a lease sale under 
                        subparagraph (A) for all leases under the lease 
                        sale, the Secretary shall complete the 
                        programmatic environmental review, including by 
                        issuing a finding of no significant impact or a 
                        record of decision, if applicable, in less than 
                        180 calendar days.
    ``(j) Permitting.--
            ``(1) In general.--Pursuant to sovereign contracting rights 
        and obligations, the Secretary shall review and grant or deny 
        in accordance with paragraph (2) any application for a permit 
        or other approval for offshore oil and natural gas exploration, 
        development, and production activities under a lease issued 
        pursuant to this Act by not later than the earlier of--
                    ``(A) 75 calendar days after the date on which the 
                application is received by the Bureau of Ocean Energy 
                Management or the Bureau of Safety and Environmental 
                Enforcement; or
                    ``(B) any other applicable deadline required by 
                law.
            ``(2) Approval or denial.--
                    ``(A) In general.--Absent clear grounds for denial 
                of an application for a permit or other approval 
                described in paragraph (1), the Secretary shall grant 
                the permit or approval.
                    ``(B) Requirement.--If the Secretary denies an 
                application for a permit or other approval under 
                subparagraph (A), the Secretary shall provide to the 
                applicant written notice explaining the grounds for the 
                denial.''.

                     TITLE III--ALTERNATIVE ENERGY

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

    (a) Definitions.--In this section, the following terms apply:
            (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.--The term ``priority area'' means 
        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.
            (3) Solar designated leasing area.--The term ``solar 
        designated leasing area'' means covered land identified by the 
        land use planning process of the Bureau of Land Management as 
        being a preferred location for a solar energy project, 
        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.
    (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 enactment of 
                this Act.
                    (B) Solar energy.--Solar designated leasing areas 
                shall be considered to be priority areas for solar 
                energy leases. The Secretary shall establish additional 
                priority areas for solar energy as soon as practicable, 
                but not later than 3 years after the date of enactment 
                of this Act.
    (c) Criteria for Selection.--In determining which covered land to 
designate as a priority area for geothermal, solar, or wind leasing 
under subsection (b), the Secretary, in consultation with the Secretary 
of Energy, shall consider if--
            (1) the covered land is preferable for geothermal, solar, 
        or wind leasing;
            (2) production of geothermal, solar, or 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 priority areas for geothermal, 
        solar, or wind leasing; and
            (2) review each area designated as a priority area for 
        geothermal, solar, or wind energy leasing 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 such environmental review document by not 
        later than 364 days; and
            (3) limit any such 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) with a bore well measuring 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 not 
        later than 3 years after 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.--The term `extraordinary 
        circumstances' has the meaning give that term in the Department 
        of the Interior Departmental Manual, 516 DM 2.3A(3) and 516 DM 
        2, 3 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. 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 subsection (a), by inserting before the semicolon 
        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, except that 
        such term shall not include any area conveyed by Congress to a 
        territorial government for administration'';
            (2) in subsection (p), by striking ``and'' after the 
        semicolon at the end;
            (3) in subsection (q), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
    ``(r) The term `State' means the several States, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, 
and the Commonwealth of the Northern Mariana Islands.''.
    (b) Exclusions.--Section 18 of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1344), as amended by section 206 of this Act, is further 
amended by adding at the end the following:
    ``(k) Exclusions.--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. 304. 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 bonuses, 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. 305. 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 Commonwealth of the Northern Mariana Islands, 
                the Commonwealth of Puerto Rico, and the United States 
                Virgin Islands.
                    ``(B) Consultation.--In conducting the study 
                required in paragraph (A), the Secretary shall 
                consult--
                            ``(i) the National Laboratories, as that 
                        term is defined in section 2(3) of the Energy 
                        Policy Act of 2005 (42 U.S.C. 15801(3));
                            ``(ii) the Governor of each of American 
                        Samoa, Guam, the Commonwealth of the Northern 
                        Mariana Islands, the Commonwealth of Puerto 
                        Rico, and the United States Virgin Islands; and
                            ``(iii) the National Oceanic and 
                        Atmospheric Administration, including the 
                        Office of National Marine Sanctuaries and the 
                        National Marine Fisheries Service.
                    ``(C) Publication.--The findings and determinations 
                of the study required in subparagraph (A) shall be 
                published in the Federal Register and open for public 
                comment for not fewer than 60 days.
                    ``(D) Submission of results.--Not later than 18 
                months after the date of 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 Commonwealth of 
                        the Northern Mariana Islands, the Commonwealth 
                        of Puerto Rico, and the United States Virgin 
                        Islands, respectively.
                    ``(E) Public availability.--The findings and 
                determinations of the study published under 
                subparagraph (C) shall be made readily available on a 
                public 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 specified in 
                paragraph (1), the Secretary shall conduct not less 
                than one wind lease sale on an area of the Outer 
                Continental Shelf within the territorial jurisdiction 
                of each such territory that meets each of the following 
                criteria:
                            ``(i) The study required under paragraph 
                        (1) 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.
                    ``(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. 306. 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, (in this section 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 this Act, with priority 
given to carrying out sections 204 and 206.
    ``(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 is 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''.

SEC. 307. PARITY IN OFFSHORE WIND REVENUE SHARING.

    (a) Payments and Revenues.--Section 8(p)(2) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended--
            (1) in subparagraph (A), by striking ``(A) The Secretary'' 
        and inserting the following:
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary'';
            (2) in subparagraph (B), by striking ``(B) The Secretary'' 
        and inserting the following:
                    ``(B) Disposition of revenues for projects located 
                within 3 nautical miles seaward of state submerged 
                land.--The Secretary''; and
            (3) by adding at the end the following:
                    ``(C) Disposition of revenues for offshore wind 
                projects in certain areas.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Covered offshore wind 
                                project.--The term `covered offshore 
                                wind project' means a wind powered 
                                electric generation project in a wind 
                                energy area on the outer Continental 
                                Shelf that is not wholly or partially 
                                located within an area subject to 
                                subparagraph (B).
                                    ``(II) Eligible state.--The term 
                                `eligible State' means a State a point 
                                on the coastline of which is located 
                                within 75 miles of the geographic 
                                center of the covered offshore wind 
                                project.
                            ``(ii) Requirement.--
                                    ``(I) In general.--Of the operating 
                                fees, rentals, bonuses, royalties, and 
                                other payments that are paid to the 
                                Secretary under subparagraph (A) from 
                                covered offshore wind projects--
                                            ``(aa) 12.5 percent shall 
                                        be deposited in the Treasury 
                                        and credited to miscellaneous 
                                        receipts;
                                            ``(bb) 37.5 percent shall 
                                        be deposited in the North 
                                        American Wetlands Conservation 
                                        Fund;
                                            ``(cc) 50 percent shall be 
                                        deposited in a special account 
                                        in the Treasury, from which the 
                                        Secretary, subject to subclause 
                                        (II), shall disburse to each 
                                        eligible State an amount (based 
                                        on a formula established by the 
                                        Secretary of the Interior by 
                                        rulemaking not later than 180 
                                        days after the date of 
                                        enactment of the American 
                                        Energy First Act) that is 
                                        inversely proportional to the 
                                        respective distances between--

                                                    ``(AA) the point on 
                                                the coastline of each 
                                                eligible State that is 
                                                closest to the 
                                                geographic center of 
                                                the applicable leased 
                                                tract; and

                                                    ``(BB) the 
                                                geographic center of 
                                                the leased tract.

                                    ``(II) Wind revenue sharing 
                                allocations.--
                                            ``(aa) Minimum 
                                        allocation.--The amount 
                                        allocated to an eligible State 
                                        each fiscal year under item 
                                        (cc) of subclause (I) shall be 
                                        at least 10 percent of the 
                                        amounts available under that 
                                        item.
                                            ``(bb) Payments to coastal 
                                        political subdivisions.--

                                                    ``(AA) In 
                                                general.--The Secretary 
                                                shall pay 20 percent of 
                                                the allocable share of 
                                                each Gulf producing 
                                                State, as determined 
                                                under paragraphs (1) 
                                                and (2) of section 
                                                105(b) of the Gulf of 
                                                Mexico Energy Security 
                                                Act (43 U.S.C. 1331 
                                                note), to the coastal 
                                                political subdivisions 
                                                of the Gulf producing 
                                                State.

                                                    ``(BB) 
                                                Allocation.--The amount 
                                                paid by the Secretary 
                                                to coastal political 
                                                subdivisions shall be 
                                                allocated to each 
                                                coastal political 
                                                subdivision in 
                                                accordance with 
                                                subparagraphs (B), (C), 
                                                and (E) of section 
                                                31(b)(4) of the Outer 
                                                Continental Shelf Lands 
                                                Act (43 U.S.C. 
                                                1356a(b)(4)).

                            ``(iii) Timing.--The amounts required to be 
                        deposited under item (cc) of clause (ii)(I) for 
                        the applicable fiscal year shall be made 
                        available in accordance with that item during 
                        the fiscal year immediately following the 
                        applicable fiscal year.
                            ``(iv) Authorized uses.--
                                    ``(I) In general.--Subject to 
                                subclause (II), each State shall use 
                                all amounts received under clause 
                                (ii)(I)(cc) in accordance with all 
                                applicable Federal and State laws, only 
                                for 1 or more of the following 
                                purposes:
                                            ``(aa) Projects and 
                                        activities for the purposes of 
                                        coastal protection, including 
                                        conservation, coastal 
                                        restoration, hurricane 
                                        protection, and infrastructure 
                                        directly affected by coastal 
                                        wetland losses.
                                            ``(bb) Mitigation of damage 
                                        to fish, wildlife, or natural 
                                        resources, including through 
                                        fisheries science and research.
                                            ``(cc) Implementation of a 
                                        federally approved marine, 
                                        coastal, or comprehensive 
                                        conservation management plan.
                                            ``(dd) Mitigation of the 
                                        impact of outer Continental 
                                        Shelf activities through the 
                                        funding of onshore 
                                        infrastructure projects.
                                            ``(ee) Planning assistance 
                                        and the administrative costs of 
                                        complying with this section.
                                    ``(II) Limitation.--Of the amounts 
                                received by a State under clause 
                                (ii)(I)(cc), not more than 3 percent 
                                shall be used for the purposes 
                                described in subclause (I)(ee).
                            ``(v) Administration.--Subject to clause 
                        (vi)(III), amounts made available under clauses 
                        (ii)(I)(aa) and (ii)(I)(cc) shall--
                                    ``(I) be made available, without 
                                further appropriation, in accordance 
                                with this paragraph;
                                    ``(II) remain available until 
                                expended; and
                                    ``(III) be in addition to any 
                                amount appropriated under any other 
                                Act.
                            ``(vi) Reporting requirement.--
                                    ``(I) In general.--Not later than 
                                180 days after the end of each fiscal 
                                year, the Governor of each eligible 
                                State that receives amounts under 
                                clause (ii)(I)(cc) for the applicable 
                                fiscal year shall submit to the 
                                Secretary a report that describes the 
                                use of the amounts by the eligible 
                                State during the period covered by the 
                                report.
                                    ``(II) Public availability.--On 
                                receipt of a report under subclause 
                                (I), the Secretary shall make the 
                                report available to the public on the 
                                website of the Department of the 
                                Interior.
                                    ``(III) Limitation.--If the 
                                Governor of an eligible State that 
                                receives amounts under clause 
                                (ii)(I)(cc) for the applicable fiscal 
                                year fails to submit the report 
                                required under subclause (I) by the 
                                deadline specified in that subclause, 
                                any amounts that would otherwise be 
                                provided to the eligible State under 
                                clause (ii)(I)(cc) for the succeeding 
                                fiscal year shall be deposited in the 
                                Treasury and credited to miscellaneous 
                                receipts.''.
    (b) Exemption of Certain Payments From Sequestration.--
            (1) In general.--Section 255(g)(1)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        905(g)(1)(A)) is amended by inserting after ``Payments to 
        Social Security Trust Funds (28-0404-0-1-651).'' the following:
            ``Payments to States pursuant to subparagraph 
        (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental 
        Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply to any sequestration order issued under the 
        Balanced Budget and Emergency Deficit Control Act of 1985 (2 
        U.S.C. 900 et seq.) on or after the date of enactment of this 
        Act.

SEC. 308. ENERGY AND ENVIRONMENTAL REMEDIATION DEMONSTRATION PROJECT 
              FOR BIOCHAR.

    (a) Demonstration Projects.--
            (1) Establishment.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this section, the Secretary 
                shall establish a program to enter into partnerships 
                with eligible entities to carry out demonstration 
                projects to support the development and 
                commercialization of biochar in accordance with this 
                subsection.
                    (B) Location of demonstration projects.--The 
                Secretary shall, to the maximum extent practicable, 
                establish biochar demonstration projects in 
                geographically diverse regions.
            (2) Proposals.--To be eligible to enter into a partnership 
        to carry out a biochar demonstration project under paragraph 
        (1)(A), an eligible entity shall submit to the Secretary a 
        proposal at such time, in such manner, and containing such 
        information as the Secretary may require.
            (3) Priority.--In selecting proposals under paragraph (2), 
        the Secretary shall give priority to partnering with eligible 
        entities that submit proposals to carry out biochar 
        demonstration projects that--
                    (A) have the most carbon sequestration potential;
                    (B) will create new jobs and contribute to local 
                economies, particularly in rural areas;
                    (C) will demonstrate--
                            (i) new and innovative uses of biochar;
                            (ii) viable markets for cost-effective 
                        biochar-based products;
                            (iii) the ecosystem services of biochar; or
                            (iv) any combination of purposes specified 
                        in clauses (i) through (iii);
                    (D) are located in local markets that have the 
                greatest need for the biochar production units due to--
                            (i) availability of sufficient quantities 
                        of feedstocks; or
                            (ii) a high level of demand for biochar or 
                        other commercial byproducts of biochar; or
                    (E) meet any combination of criteria specified in 
                subparagraphs (A) through (D).
            (4) Use of funds.--In carrying out the program established 
        under paragraph (1)(A), the Secretary may enter into 
        partnerships and provide funding to carry out demonstration 
        projects that--
                    (A) acquire and test various feedstocks and their 
                efficacy;
                    (B) develop and optimize commercially and 
                technologically viable biochar production units, 
                including mobile and permanent units;
                    (C) build, expand, or establish biochar facilities;
                    (D) conduct research on new and innovative uses of 
                biochar or demonstrate cost-effective market 
                opportunities for biochar and biochar-based products;
                    (E) carry out any other activities the Secretary 
                determines appropriate; or
                    (F) meet any combination of the criteria specified 
                in subparagraphs (A) through (E).
            (5) Review of biochar demonstration.--
                    (A) In general.--The Secretary shall conduct 
                regionally specific research, including economic 
                analyses and life-cycle assessments, on the biochar 
                produced from the demonstration projects under this 
                subsection, including--
                            (i) the effects of such biochar on--
                                    (I) carbon capture and 
                                sequestration, including increasing 
                                soil carbon in the short term and long 
                                term;
                                    (II) environmental remediation 
                                activities, including abandoned mine 
                                land remediation; and
                                    (III) other ecosystem services of 
                                biochar;
                            (ii) the efficacy of biochar as a coproduct 
                        of biofuels or in biochemicals; and
                            (iii) whether biochar can effectively be 
                        used to produce any other technologically and 
                        commercially viable outcome.
                    (B) Coordination.--The Secretary shall, to the 
                maximum extent practicable, provide data, analysis, and 
                other relevant information collected under subparagraph 
                (A) to eligible institutions conducting research and 
                development activities on biochar.
            (6) Limitation on funding for establishing biochar 
        facilities.--In the case of an eligible entity that enters into 
        a partnership to carry out a biochar demonstration project 
        under this subsection and seeks to establish a biochar facility 
        under such demonstration project, the Secretary may not provide 
        funding to such eligible entity in an amount greater than 35 
        percent of the capital cost of establishing such biochar 
        facility.
    (b) Reports.--
            (1) Report to congress.--Not later than 2 years after the 
        date of the enactment of this section, the Secretary shall 
        submit a report to Congress that--
                    (A) includes policy and program recommendations to 
                improve the widespread use of biochar;
                    (B) identifies the areas of research needed to 
                advance biochar commercialization and opportunities to 
                expand markets for biochar and create jobs, 
                particularly in rural areas;
                    (C) identifies barriers to further biochar 
                commercialization, including permitting and siting 
                considerations; and
                    (D) identifies best management practices of biochar 
                and biochar-based products to maximize--
                            (i) carbon sequestration benefits;
                            (ii) applications in environmental 
                        remediation, including abandoned mine land 
                        remediation; and
                            (iii) applications as a coproduct of 
                        biofuels or in biochemicals.
            (2) President's annual budget request.--Beginning 2 years 
        after the date of the enactment of this section and annually 
        until the date described in subsection (c), the Secretary shall 
        include in the budget materials submitted to Congress in 
        support of the President's annual budget request (submitted to 
        Congress pursuant to section 1105 of title 31, United States 
        Code) for each fiscal year a report on the status of the 
        demonstration projects carried out under subsection (a).
    (c) Sunset.--The authority to carry out this section shall 
terminate on the date that is 10 years after the date of the enactment 
of this section.
    (d) Definitions.--In this section:
            (1) Biochar.--The term ``biochar'' means carbonized biomass 
        produced by converting feedstock through reductive thermal 
        processing for nonfuel uses.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) State, local, and Tribal governments;
                    (B) eligible institutions; and
                    (C) private, nonprivate, or cooperative entities.
            (3) Eligible institution.--The term ``eligible 
        institution'' means land-grant colleges and universities, 
        including institutions eligible for funding under the--
                    (A) Act of July 2, 1862;
                    (B) Act of August 30, 1890, including Tuskegee 
                University;
                    (C) Public Law 87-788 (commonly known as the 
                McIntire-Stennis Act of 1962); or
                    (D) Equity in Educational Land-Grant Status Act of 
                1994 (7 U.S.C. 301 note).
            (4) Feedstock.--The term ``feedstock'' means excess biomass 
        in the form of plant matter or materials that serves as the raw 
        material for the production of biochar.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

              TITLE IV--LIMITATIONS ON LEASING MORATORIUMS

SEC. 401. COAL LEASES.

    Section 2(a)(1) of the Mineral Leasing Act (30 U.S.C. 201(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.

SEC. 403. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN 
              FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM 
              ENERGY DEVELOPMENT.

    (a) Definitions.--In this section--
            (1) the term ``critical mineral'' means any mineral 
        included on the list of critical minerals published in the 
        notice of the Secretary of the Interior entitled ``Final List 
        of Critical Minerals 2018'' (83 Fed. Reg. 23295 (May 18, 
        2018));
            (2) the term ``Federal land''--
                    (A) means--
                            (i) National Forest System land;
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702));
                            (iii) the Outer Continental Shelf (as 
                        defined in section 2 of the Outer Continental 
                        Shelf Lands Act (43 U.S.C. 1331)); and
                            (iv) land managed by the Secretary of 
                        Energy; and
                    (B) includes land described in clauses (i) through 
                (iv) of subparagraph (A) for which the rights to the 
                surface estate or subsurface estate are owned by a non-
                Federal entity; and
            (3) the term ``President'' means the President or any 
        designee, including--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Energy; and
                    (C) the Secretary of the Interior.
    (b) Prohibitions.--
            (1) In general.--Notwithstanding any other provision of 
        law, the President may not carry out any action that would 
        prohibit or substantially delay the issuance of any of the 
        following on Federal land, unless such an action has been 
        authorized by an Act of Congress:
                    (A) New oil and gas leases, drill permits, 
                approvals, or authorizations.
                    (B) New coal leases, permits, approvals, or 
                authorizations.
                    (C) New hard rock leases, permits, approvals, or 
                authorizations.
                    (D) New critical minerals leases, permits, 
                approvals, or authorizations.
            (2) Prohibition on withdrawal.--Notwithstanding any other 
        provision of law, the President may not withdraw any Federal 
        land from forms of entry, appropriation, or disposal under the 
        public land laws, location, entry, and patent under the mining 
        laws, or disposition under laws pertaining to mineral and 
        geothermal leasing or mineral materials unless the withdrawal 
        has been authorized by an Act of Congress.
                                 <all>