Security and Energy for America Act of 2008 or the SEA Act of 2008 - Secure Rural Schools and Counties Act of 2008 - Amends federal law governing payment for certain federal lands (entitlement land) to prescribe: (1) a transitional funding schedule for payments in lieu of taxes; and (2) transitional payments to states and counties previously entitled to payments under the Secure Rural Schools and Community Self-determination Act of 2000.
Expresses the sense of Congress that: (1) amounts made available by a state to certain counties to support public schools should be in addition to, and not in lieu of, general state funds to support such schools; and (2) a state should not adjust education funding allocations to reflect specified receipts.
State Enhanced Authority for Coastal and Ocean Resources Act of 2008 or SEACOR - Amends the Submerged Lands Act (SLA) to: (1) revise the seaward boundaries of states; and (2) except from confirmation and establishment of states' title, power, and rights any oil and gas mineral rights located within the revised seaward boundaries.
Amends the Outer Continental Shelf Lands Act (OCSLA) regarding Adjacent Zones and Planning Areas in the Outer Continental Shelf (OCS).
Sets forth procedures for the Secretary of the Interior (Secretary) to grant and administer oil and natural gas leases on the OCS. Revises provisions concerning oil and gas leases.
Federal Energy Natural Resources Enhancement Fund Act of 2008 - Establishes the Federal Energy Natural Resources Enhancement Fund to monitor and manage wildlife and fish and other natural resources related to energy and minerals development on federal lands.
Declares without force or effect existing federal prohibitions against spending appropriated funds to: (1) conduct oil and natural gas leasing and preleasing activities, or to issue a lease for any OCS; or (2) issue final commercial leasing regulations or any other function related to oil shale and tar sands.
Prohibits a federal agency from permitting construction or operation of any facility, or from designating or maintaining a restricted transportation corridor or operating area, on either federal OCS or state waters that will be incompatible with oil, gas, or natural gas leasing, and with exploration and production of tracts that are geologically prospective for oil or natural gas.
Amends the Mineral Leasing Act to revise regulations governing onshore surface-disturbing activities.
Redesignates the Minerals Management Service as the National Ocean Resources and Royalty Service.
Rigs to Reefs Act of 2008 - Amends OCSLA to prescribe procedures to use decommissioned offshore oil and gas platforms and other facilities for artificial reef and scientific research.
Establishes the Energy and Mineral Schools Reinvestment Act Fund to enable maintenance and restoration of existing and historic petroleum and mining engineering programs.
Redesignates the Mining and Mineral Resources Institutes Act as the Energy and Mineral Schools Reinvestment Act.
Instructs the Secretary to establish OCS regional headquarters for the Atlantic OCS Region and the Pacific OCS Region.
Freedom Fuels Act - Establishes the Freedom Fuels Fund, to be used for specified programs including: (1) geologic and geophysical programs; (2) geothermal and geopressure energy renewable resource management; (3) unconventional energy resources management; and (4) renewable energy management.
Directs the Secretary to establish a program for production of: (1) liquid fuels from strategic unconventional resources; and (2) oil and gas resources using advanced CO2 enhanced recovery.
Directs the Secretary to establish a grant program, among other purposes, for: (1) geothermal and geopressure oil and gas energy production; (2) FEED grants for projects for coal-to-liquids, petroleum coke-to-liquids, oil shale, tar sands, and Alaska natural gas-to-liquids and the production of low-rank coal water fuel; and (3) production of renewable energy from designated resources.
Amends the OCSLA to: (1) repeal the Coastal Impact Assistance program; and (2) revise royalty-in-kind requirements.
Amends the the Energy Policy Act of 2005 to: (1) prescribe default requirements if the Secretary of Energy does not issue regulations governing payments for research, development, and demonstration leases, and for commercial leases for oil shale and tar sands; (2) require the Secretary to grant royalty relief for natural gas production from gas hydrates; (3) direct the Secretary to reduce royalties for certain federal oil and gas leases; and (4) instruct the Secretary of the Interior to use specified estimates and considerations when compiling oil and gas resource assessments.
Repeals the Gulf of Mexico Energy Security Act of 2006.
Instructs the Secretary of the Interior to: (1) establish specified fees for conservation resources; (2) require that OCS oil and gas exploration utilize technology to minimize air emissions and discharges into the water; (3) establish Federal OCS Joint Regional Permitting Offices; and (4) develop, upon lessee request, oil spill response plans for each OCS Planning area.
Exempts certain oil and gas leasing and exploration from federal agency coordination requirements of the Coastal Zone Management Act of 1972.
Instructs the Administrator of the Environmental Protection Agency (EPA) to delegate to the Minerals Management Service permitting and enforcement authority for specified federal OCS activities.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6779 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6779
To provide for secure rural schools and counties, and State enhanced
authority for coastal and ocean resources, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2008
Mr. Walden of Oregon (for himself, Mr. Bishop of Utah, Mrs. Myrick,
Mrs. Drake, Mr. Peterson of Pennsylvania, Mr. Bonner, Mr. Boozman, Mr.
Brown of South Carolina, Mrs. Cubin, Mr. Doolittle, Mrs. Emerson, Ms.
Fallin, Mr. Fortuno, Mr. Gohmert, Mr. Hastings of Washington, Mr.
Heller of Nevada, Mr. Herger, Mr. Lamborn, Mr. Daniel E. Lungren of
California, Mr. Nunes, Mr. Pickering, Mr. Radanovich, Mr. Rehberg, Mrs.
McMorris Rodgers, Mr. Rogers of Alabama, Mr. Sali, Mr. Sessions, Mr.
Simpson, Mr. Tancredo, Mr. Wamp, Mrs. Wilson of New Mexico, Mr. Wittman
of Virginia, Mr. Pearce, Mr. Young of Alaska, and Mr. Renzi) introduced
the following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Energy and Commerce,
Agriculture, the Judiciary, Education and Labor, and Transportation and
Infrastructure, 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 provide for secure rural schools and counties, and State enhanced
authority for coastal and ocean resources, 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.
(a) Short Title.--This Act may be cited as the ``Security and
Energy for America Act of 2008'', or the ``SEA Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--SECURE RURAL SCHOOLS AND COUNTIES
Sec. 101. Short title.
Sec. 102. Funding for payments in lieu of taxes.
Sec. 103. Transitional payments to States and counties previously
entitled to payments under Secure Rural
Schools and Community Self-Determination
Act of 2000.
Sec. 104. Special requirements regarding transition payments to certain
States.
Sec. 105. Sense of Congress on distribution of secure rural schools
transition payments to eligible counties.
TITLE II--STATE ENHANCED AUTHORITY FOR COASTAL AND OCEAN RESOURCES
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions under the Submerged Lands Act.
Sec. 204. Seaward boundaries of States.
Sec. 205. Exceptions from confirmation and establishment of States'
title, power, and rights.
Sec. 206. Definitions under the Outer Continental Shelf Lands Act.
Sec. 207. Determination of Adjacent Zones and Planning Areas.
Sec. 208. Administration of leasing.
Sec. 209. Grant of leases by Secretary.
Sec. 210. Disposition of receipts.
Sec. 211. Review of outer Continental Shelf exploration plans.
Sec. 212. Reservation of lands and rights.
Sec. 213. Outer Continental Shelf leasing program.
Sec. 214. Coordination with Adjacent States.
Sec. 215. Environmental studies.
Sec. 216. Review of outer Continental Shelf development and production
plans.
Sec. 217. Federal Energy Natural Resources Enhancement Fund Act of
2008.
Sec. 218. Termination of effect of laws prohibiting the spending of
appropriated funds for certain purposes.
Sec. 219. Outer Continental Shelf incompatible use.
Sec. 220. Repurchase of certain leases.
Sec. 221. Offsite environmental mitigation.
Sec. 222. Regulation of onshore surface-disturbing activities.
Sec. 223. Renaming of Minerals Management Service.
Sec. 224. Authority to use decommissioned offshore oil and gas
platforms and other facilities for
artificial reef, scientific research, or
other uses.
Sec. 225. Mining and petroleum schools.
Sec. 226. OCS regional headquarters.
Sec. 227. Freedom Fuels Act.
Sec. 228. Coastal impact assistance.
Sec. 229. Oil shale and tar sands amendments.
Sec. 230. Buy and build American.
Sec. 231. Repeal of the Gulf of Mexico Energy Security Act of 2006.
Sec. 232. Royalty-in-kind.
Sec. 233. Mandatory issuance of regulations promoting production of
natural gas from gas hydrates.
Sec. 234. Mandatory issuance of regulations promoting enhanced oil and
natural gas production through carbon
dioxide injection.
Sec. 235. Conservation of resources fee for future onshore nonproducing
oil and gas leases.
Sec. 236. Outer Continental Shelf conservation of living and nonliving
resources fee on liquid fuels.
Sec. 237. Outer Continental Shelf discharges and emissions.
Sec. 238. OCS joint permitting offices.
Sec. 239. Application of section 307 of the Coastal Zone Management Act
of 1972.
Sec. 240. Oil spill response plans.
Sec. 241. Clean Air Act and Clean Water Act.
Sec. 242. Resource assessments.
TITLE I--SECURE RURAL SCHOOLS AND COUNTIES
SEC. 101. SHORT TITLE.
This title may be cited as the ``Secure Rural Schools and Counties
Act of 2008''.
SEC. 102. FUNDING FOR PAYMENTS IN LIEU OF TAXES.
(a) In General.--Section 6906 of title 31, United States Code, is
amended to read as follows:
``Sec. 6906. Funding
``(a) General Rule.--Necessary amounts may be appropriated to the
Secretary of the Interior to carry out this chapter. Except as provided
in subsection (b) and section 6908 of this title, amounts are available
only as provided in appropriation laws.
``(b) Transition to Full Funding.--Amounts necessary to carry out
under this chapter shall be made available to the Secretary of the
Interior, out of any funds in the Treasury not otherwise appropriated
and without further appropriation, for obligation or expenditure in
accordance with this chapter as follows:
``(1) For fiscal year 2009, 90 percent of the authorized
payment amounts calculated for that fiscal year under the
payment formulas contained in sections 6903, 6904, and 6905 of
this title.
``(2) For fiscal year 2010, 90 percent of the authorized
payment amounts calculated for that fiscal year under the
payment formulas contained in such sections.
``(3) For fiscal years 2011, 2012, and 2013, 100 percent of
the authorized payment amounts calculated for the applicable
fiscal year under the payment formulas contained in such
sections.
``(c) Relation To Secure Rural Schools Transition Payments.--In
this section, the term `chapter' does not include section 6908 of this
title. Subsection (g) of such section provides for the funding of
secure rural schools transition payments under such section.''.
(b) Conforming Amendment.--The table of sections for chapter 69 of
title 31, United States Code, is amended by striking the item relating
to section 6906 and inserting the following new item:
``6906. Funding.''.
SEC. 103. TRANSITIONAL PAYMENTS TO STATES AND COUNTIES PREVIOUSLY
ENTITLED TO PAYMENTS UNDER SECURE RURAL SCHOOLS AND
COMMUNITY SELF-DETERMINATION ACT OF 2000.
(a) Transitional Payments.--Chapter 69 of title 31, United States
Code, is amended by adding at the end the following new section:
``SEC. 6908. SECURE RURAL SCHOOLS TRANSITION PAYMENTS.
``(a) Definitions.--In this section:
``(1) Adjusted share.--The term `adjusted share' means the
number equal to the quotient obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the base share for the eligible
county; by
``(ii) the income adjustment for the
eligible county; by
``(B) the number equal to the sum of the quotients
obtained under subparagraph (A) and paragraph (8)(A)
for all eligible counties.
``(2) Base share.--The term `base share' means the number
equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land
described in paragraph (7)(A) in each eligible
county; by
``(ii) the total number acres of Federal
land in all eligible counties in all eligible
States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of
the 3 highest 25-percent payments and safety
net payments made to each eligible State for
each eligible county during the eligibility
period; by
``(ii) the amount equal to the sum of the
amounts calculated under clause (i) and
paragraph (9)(B)(i) for all eligible counties
in all eligible States during the eligibility
period.
``(3) County payment.--The term `county payment' means the
payment for an eligible county calculated under subsection (c).
``(4) Eligible county.--The term `eligible county' means
any county that--
``(A) contains Federal land; and
``(B) elects to receive a share of the State
payment or the county payment under subsection (f).
``(5) Eligibility period.--The term `eligibility period'
means fiscal year 1986 through fiscal year 1999.
``(6) Eligible state.--The term `eligible State' means a
State or territory of the United States that received a 25-
percent payment for 1 or more fiscal years of the eligibility
period.
``(7) Federal land.--The term `Federal land' means--
``(A) land within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)) exclusive of the National Grasslands and land
utilization projects designated as National Grasslands
administered pursuant to the Act of July 22, 1937 (7
U.S.C. 1010-1012); and
``(B) such portions of the revested Oregon and
California Railroad and reconveyed Coos Bay Wagon Road
grant land as are or may hereafter come under the
jurisdiction of the Department of the Interior, which
have heretofore or may hereafter be classified as
timberlands, and power-site land valuable for timber,
that shall be managed, except as provided in the former
section 3 of the Act of August 28, 1937 (50 Stat. 875;
43 U.S.C. 1181c), for permanent forest production.
``(8) 50-percent adjusted share.--The term `50-percent
adjusted share' means the number equal to the quotient obtained
by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the 50-percent base share for the
eligible county; by
``(ii) the income adjustment for the
eligible county; by
``(B) the number equal to the sum of the quotients
obtained under subparagraph (A) and paragraph (1)(A)
for all eligible counties.
``(9) 50-percent base share.--The term `50-percent base
share' means the number equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land
described in paragraph (7)(B) in each eligible
county; by
``(ii) the total number acres of Federal
land in all eligible counties in all eligible
States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of
the 3 highest 50-percent payments made to each
eligible county during the eligibility period;
by
``(ii) the amount equal to the sum of the
amounts calculated under clause (i) and
paragraph (2)(B)(i) for all eligible counties
in all eligible States during the eligibility
period.
``(10) 50-percent payment.--The term `50-percent payment'
means the payment that is the sum of the 50-percent share
otherwise paid to a county pursuant to title II of the Act of
August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),
and the payment made to a county pursuant to the Act of May 24,
1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et seq.).
``(11) Full funding amount.--The term `full funding amount'
means--
``(A) $520,000,000 for fiscal year 2008; and
``(B) for fiscal years 2009, 2010, 2011, and 2012,
the amount that is equal to 90 percent of the full
funding amount for the preceding fiscal year.
``(12) Income adjustment.--The term `income adjustment'
means the square of the quotient obtained by dividing--
``(A) the per capita personal income for each
eligible county; by
``(B) the median per capita personal income of all
eligible counties.
``(13) Per capita personal income.--The term `per capita
personal income' means the most recent per capita personal
income data, as determined by the Bureau of Economic Analysis.
``(14) Safety net payments.--The term `safety net payments'
means the special payment amounts paid to States and counties
required by section 13982 or 13983 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500
note; 43 U.S.C. 1181f note).
``(15) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture or the designee
of the Secretary of Agriculture with respect to the
Federal land described in paragraph (7)(A); and
``(B) the Secretary of the Interior or the designee
of the Secretary of the Interior with respect to the
Federal land described in paragraph (7)(B).
``(16) State payment.--The term `State payment' means the
payment for an eligible State calculated under subsection (b).
``(17) 25-percent payment.--The term `25-percent payment'
means the payment to States required by the sixth paragraph
under the heading of `forest service' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
``(b) Calculation of State Payment Amount.--For each of fiscal
years 2008 through 2012, the Secretary of Agriculture shall calculate
for each eligible State an amount equal to the sum of the products
obtained by multiplying--
``(1) the adjusted share for each eligible county within
the eligible State; by
``(2) the full funding amount for the fiscal year.
``(c) Calculation of County Payment Amount.--For each of fiscal
years 2008 through 2012, the Secretary of the Interior shall calculate
for each eligible county that received a 50-percent payment during the
eligibility period an amount equal to the product obtained by
multiplying--
``(1) the 50-percent adjusted share for the eligible
county; by
``(2) the full funding amount for the fiscal year.
``(d) Payment Amounts for Eligible States.--From funds made
available under subsection (g), the Secretary of the Treasury shall pay
to each eligible State an amount equal to the sum of the amounts
elected under subsection (f) by each county within the eligible State
for--
``(1) if the county is eligible for the 25-percent payment,
the share of the 25-percent payment; or
``(2) the share of the State payment of the eligible
county.
``(e) Payment Amounts for Eligible Counties.--From funds made
available under subsection (g), the Secretary of the Treasury shall pay
to each eligible county an amount equal to the amount elected under
subsection (f) by the county for--
``(1) if the county is eligible for the 50-percent payment,
the 50-percent payment; or
``(2) the county payment for the eligible county.
``(f) Election To Receive Payment Amount.--
``(1) Election; submission of results.--
``(A) In general.--The election to receive a share
of the State payment, the county payment, a share of
the State payment and the county payment, a share of
the 25-percent payment, the 50-percent payment, or a
share of the 25-percent payment and the 50-percent
payment, as applicable, shall be made at the discretion
of each affected county by August 1, 2008, and
thereafter in accordance with paragraph (2)(A), and
transmitted to the Secretary concerned by the Governor
of each eligible State.
``(B) Failure to transmit.--If an election for an
affected county is not transmitted to the Secretary
concerned by the date specified under subparagraph (A),
the affected county shall be considered to have elected
to receive a share of the State payment, the county
payment, or a share of the State payment and the county
payment, as applicable.
``(2) Duration of elections.--A county election to receive
a share of the 25-percent payment or the 50-percent payment, as
applicable, shall be effective for 2 fiscal years. A county
election to receive a share of the State payment or a county
payment or a transition payment pursuant to section 104 of the
Secure Rural Schools and Counties Act of 2008 for a fiscal year
before fiscal year 2011 shall be effective through fiscal year
2010.
``(g) Source of Payment Amounts.--The payment to an eligible State
or eligible county under this section for a fiscal year shall be
derived, without further appropriation, from--
``(1) any revenues, fees, penalties, or miscellaneous
receipts, exclusive of deposits to any relevant trust fund,
special account, or permanent operating funds, received by the
Federal Government from activities by the Bureau of Land
Management or the Forest Service on the applicable Federal
land; and
``(2) to the extent of any shortfall in the amounts
described in paragraph (1), out of any amounts in the Treasury
of the United States not otherwise appropriated.
``(h) Distribution and Expenditure of Payments.--
``(1) Distribution method.--A State that receives a payment
under this section shall distribute the appropriate payment
amount among the appropriate counties in the State in
accordance with--
``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
``(B) section 13 of the Act of March 1, 1911 (36
Stat. 963; 16 U.S.C. 500).
``(2) Expenditure purposes.--Subject to paragraph (3),
payments received by a State under this section and distributed
to counties in accordance with paragraph (1), and payments
received directly by an eligible county under this section,
shall be expended in the same manner in which 25-percent
payments or 50-percent payments, as applicable, are required to
be expended.
``(3) Reservation of portion of payments.--Each eligible
county receiving a payment under this section or a portion of a
State's payment under this section shall reserve not less than
15 percent of the amount received for expenditure in accordance
with titles II and III of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 500 note;
Public Law 106-393).
``(i) Time for Payment.--The payments required under this section
for a fiscal year shall be made as soon as practicable after the end of
that fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 69 of title 31, United States Code, is amended by adding at the
end the following new item:
``Sec. 6908. Secure rural schools transition payments.''.
(c) Extension of Titles II and III of Secure Rural Schools and
Community Self-Determination Act of 2000.--
(1) Extension.--The Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 500 note; Public Law
106-393) is amended--
(A) in sections 203(a), 207(a), 208, and 303 by
striking ``2007'' and inserting ``2012'';
(B) in section 204(e)(3)(B)(vi), by striking
``fiscal year 2007'' and inserting ``fiscal years 2007
through 2012''; and
(C) in sections 208 and 303, by striking ``2008''
and inserting ``2013''.
(2) Definition of participating county.--The Secure Rural
Schools and Community Self-Determination Act of 2000 is
amended--
(A) in section 201(1), by inserting before the
period the following: ``or that is required to reserve
funds under section 6908(h)(3) of title 31, United
States Code, or section 104(e) of the Secure Rural
Schools and Counties Act of 2008''; and
(B) in section 301(1), by inserting before the
period the following: ``or that is required to reserve
funds under section 6908(h)(3) of title 31, United
States Code, or section 104(e) of the Secure Rural
Schools and Counties Act of 2008''.
(3) Definition of project funds.--The Secure Rural Schools
and Community Self-Determination Act of 2000 is amended--
(A) in section 201(2), by inserting before the
period the following: ``or reserves under section
6908(h)(3) of title 31, United States Code, or section
104(e) of the Secure Rural Schools and Counties Act of
2008 for expenditure in accordance with this title'';
and
(B) in section 301(2), by inserting before the
period the following: ``or reserves under section
6908(h)(3) of title 31, United States Code, or section
104(e) of the Secure Rural Schools and Counties Act of
2008 for expenditure in accordance with this title''.
SEC. 104. SPECIAL REQUIREMENTS REGARDING TRANSITION PAYMENTS TO CERTAIN
STATES.
(a) Definitions.--In this section:
(1) Adjusted amount.--The term ``adjusted amount'' means,
with respect to a covered State--
(A) for fiscal year 2008--
(i) the sum of the amounts paid for fiscal
year 2006 under section 102(a)(2) of the Secure
Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 500 note; Public Law
106-393), as in effect on September 29, 2006,
for the eligible counties in the covered State
that have elected under section 6908 of title
31, United States Code, as added by section 103
of this Act, to receive a share of the State
payment for fiscal year 2008; and
(ii) the sum of the amounts paid for fiscal
year 2006 under section 103(a)(2) Secure Rural
Schools and Community Self-Determination Act of
2000 (16 U.S.C. 500 note; Public Law 106-393),
as in effect on September 29, 2006, for the
eligible counties in the State of Oregon that
have elected under section 6908 of title 31,
United States Code, as added by section 103 of
this Act, to receive the county payment for
fiscal year 2008;
(B) for fiscal year 2009, 90 percent of--
(i) the sum of the amounts paid for fiscal
year 2006 under such section 102(a)(2) for the
eligible counties in the covered State that
have elected under such section 6908 to receive
a share of the State payment for fiscal year
2009; and
(ii) the sum of the amounts paid for fiscal
year 2006 under such section 103(a)(2) for the
eligible counties in the State of Oregon that
have elected under such section 6908 to receive
the county payment for fiscal year 2009;
(C) for fiscal year 2010, 81 percent of--
(i) the sum of the amounts paid for fiscal
year 2006 under such section 102(a)(2) for the
eligible counties in the covered State that
have elected under such section 6908 to receive
a share of the State payment for fiscal year
2010; and
(ii) the sum of the amounts paid for fiscal
year 2006 under such section 103(a)(2) for the
eligible counties in the State of Oregon that
have elected under such section 6908 to receive
the county payment for fiscal year 2010; and
(D) for each of fiscal years 2011 and 2012, 73
percent of--
(i) the sum of the amounts paid for fiscal
year 2006 under such section 102(a)(2) for the
eligible counties in the covered State that
have elected under such section 6908 to receive
a share of the State payment for fiscal year
2011 or 2012; and
(ii) the sum of the amounts paid for fiscal
year 2006 under such section 103(a)(2) for the
eligible counties in the State of Oregon that
have elected under such section 6908 to receive
the county payment for fiscal year 2011 or
2012.
(2) Covered state.--The term ``covered State'' means each
of the States of California, Louisiana, Oregon, Pennsylvania,
South Carolina, South Dakota, Texas, and Washington.
(3) Eligible county.--The term ``eligible county'' has the
meaning given that term in section 6908 of title 31, United
States Code, as added by section 103 of this Act.
(b) Transition Payments.--At the election of each covered State and
eligible counties within the covered State, for each of fiscal years
2008 through 2012, in lieu of the payment amounts that otherwise would
have been made under section 6908 of title 31, United States Code, as
added by section 103 of this Act, the Secretary of the Treasury, using
amounts made available under subsection (g) of such section 6908, shall
pay the adjusted amount to each covered State and the eligible counties
within the covered State, as applicable.
(c) Distribution of Payments in California.--The following payments
shall be distributed among the eligible counties in the State of
California in the same proportion that payments under section 102(a)(2)
of the Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 500 note; Public Law 106-393), as in effect on
September 29, 2006, were distributed to those eligible counties for
fiscal year 2006:
(1) Payments to the State of California under subsection
(b).
(2) The shares of the eligible counties of the State
payment for California under section 6908 of title 31, United
States Code, as added by section 103 of this Act, for fiscal
year 2012.
(d) Treatment of Payments.--Any payment made under subsection (b)
shall be considered to be a payment made under section 6908 of title
31, United States Code, as added by section 103 of this Act, except
that each eligible county receiving a payment under such subsection or
a portion of such payment under subsection (c) or (d) shall reserve not
less than 15 percent of the amount received for expenditure in
accordance with titles II and III of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 500 note; Public
Law 106-393), as required by subsection (h)(3) of such section 6908.
SEC. 105. SENSE OF CONGRESS ON DISTRIBUTION OF SECURE RURAL SCHOOLS
TRANSITION PAYMENTS TO ELIGIBLE COUNTIES.
It is the sense of Congress that amounts made available by a State
to an eligible county under section 6908 of title 31, United States
Code, as added by section 103 of this Act, or under section 104 of this
Act to support public schools in that county should be in addition to,
and not in lieu of, general funds of the State made available to
support public schools in that county, and that the State should not
adjust education funding allocations to reflect the receipt of amounts
under such section 6908 or section 104.
TITLE II--STATE ENHANCED AUTHORITY FOR COASTAL AND OCEAN RESOURCES
SEC. 201. SHORT TITLE.
This title may be cited as the ``State Enhanced Authority for
Coastal and Ocean Resources Act of 2008'', or ``SEACOR''.
SEC. 202. FINDINGS.
The Congress finds that--
(1) the United States is blessed with abundant energy
resources on the outer Continental Shelf and has developed a
comprehensive framework of environmental laws and regulations
and fostered the development of state-of-the-art technology
that allows for the responsible development of these resources
for the benefit of its citizenry;
(2) adjacent States are required by the circumstances to
commit significant resources in support of exploration,
development, and production activities for mineral resources on
the outer Continental Shelf, and it is fair and proper for a
portion of the receipts from such activities to be shared with
Adjacent States and their local coastal governments;
(3) the existing laws governing the leasing and production
of the mineral resources of the outer Continental Shelf have
reduced the production of mineral resources, have preempted
Adjacent States from being sufficiently involved in the
decisions regarding the allowance of mineral resource
development, and have been harmful to the national interest;
(4) the national interest is served by granting the
Adjacent States more options related to whether or not mineral
leasing should occur in the outer Continental Shelf within
their Adjacent Zones;
(5) it is not reasonably foreseeable that exploration of a
leased tract located more than 25 miles seaward of the
coastline, development and production of a natural gas
discovery located more than 25 miles seaward of the coastline,
or development and production of an oil discovery located more
than 50 miles seaward of the coastline will adversely affect
resources near the coastline;
(6) transportation of oil from a leased tract might
reasonably be foreseen, under limited circumstances, to have
the potential to adversely affect resources near the coastline
if the oil is within 50 miles of the coastline, but such
potential to adversely affect such resources is likely no
greater, and probably less, than the potential impacts from
tanker transportation because tanker spills usually involve
large releases of oil over a brief period of time; and
(7) among other bodies of inland waters, the Great Lakes,
Long Island Sound, Delaware Bay, Chesapeake Bay, Albemarle
Sound, San Francisco Bay, and Puget Sound are not part of the
outer Continental Shelf, and are not subject to leasing by the
Federal Government for the exploration, development, and
production of any mineral resources that might lie beneath
them.
SEC. 203. DEFINITIONS UNDER THE SUBMERGED LANDS ACT.
Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended--
(1) in subparagraph (2) of paragraph (a) by striking all
after ``seaward to a line'' and inserting ``twelve nautical
miles distant from the coast line;'';
(2) by striking paragraph (b) and redesignating the
subsequent paragraphs in order as paragraphs (b) through (g);
(3) by striking the semicolon at the end of each paragraph
and inserting a period; and
(4) by adding at the end the following:
``(i) The term `Secretary' means the Secretary of the Interior.
``(j) The term `State' has the meaning that term has in section
2(r) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(r)).''.
SEC. 204. SEAWARD BOUNDARIES OF STATES.
Section 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended--
(1) in the first sentence--
(A) by striking ``original''; and
(B) by striking ``three geographical'' and
inserting ``twelve nautical''; and
(2) by striking all after the first sentence and inserting
the following: ``Extension and delineation of lateral offshore
State boundaries under this Act shall follow the lines used to
determine the Adjacent Zones of coastal States under the Outer
Continental Shelf Lands Act to the extent such lines extend
twelve nautical miles seaward from the nearest coastline.''.
SEC. 205. EXCEPTIONS FROM CONFIRMATION AND ESTABLISHMENT OF STATES'
TITLE, POWER, AND RIGHTS.
Section 5 of the Submerged Lands Act (43 U.S.C. 1313) is amended--
(1) by redesignating paragraphs (a) through (c) in order as
paragraphs (1) through (3);
(2) by inserting ``(a)'' before ``There is excepted''; and
(3) by adding at the end the following:
``(b) Exception of Oil and Gas Mineral Rights.--There is excepted
from the operation of section 3 all of the oil and gas mineral rights
for lands beneath the navigable waters that are located within the
extended offshore State seaward boundaries established under the second
sentence of section 4. These oil and gas mineral rights shall remain
Federal property and shall be considered to be part of the Federal
outer Continental Shelf for purposes of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) and subject to leasing under the
authority of that Act and to laws applicable to the leasing of the oil
and gas resources of the Federal outer Continental Shelf. All Federal
oil and gas leases that are in effect as of the date of the extension
of offshore State seaward boundaries under the second sentence of
section 4 shall continue unchanged by the provisions of this Act,
except as otherwise provided in SEACOR. However, a State may exercise
all of its sovereign powers of taxation within the entire extent of its
seaward State boundaries.''.
SEC. 206. DEFINITIONS UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)
is amended--
(1) by amending paragraph (f) to read as follows:
``(f) The term `affected State' means the Adjacent State.'';
(2) by striking the semicolon at the end of each of
paragraphs (a) through (o) and inserting a period;
(3) by striking ``; and'' at the end of paragraph (p) and
inserting a period;
(4) by adding at the end the following:
``(r) The term `Adjacent State' means, with respect to any program,
plan, lease sale, leased tract or other activity, proposed, conducted,
or approved pursuant to the provisions of this Act, any State the laws
of which are declared, pursuant to section 4(a)(2), to be the law of
the United States for the portion of the outer Continental Shelf on
which such program, plan, lease sale, leased tract or activity
appertains or is, or is proposed to be, conducted.
``(s) The term `State' includes all States having a coastline
contiguous to the Arctic, Atlantic, or Pacific Oceans, or the Gulf of
Mexico, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, the
other territories of the United States, and the District of Columbia.
``(t) The term `Adjacent Zone' means, with respect to any program,
plan, lease sale, leased tract, or other activity, proposed, conducted,
or approved pursuant to the provisions of this Act, the portion of the
outer Continental Shelf for which the laws of a particular Adjacent
State are declared, pursuant to section 4(a)(2), to be the law of the
United States.
``(u) The term `miles' means statute miles.
``(v) The term `coastline' has the same meaning as the term `coast
line' as defined in section 2(c) of the Submerged Lands Act (43 U.S.C.
1301(c)).
``(w) The term `Neighboring State' means a coastal State having a
common boundary at the coastline with the Adjacent State.''; and
(5) in paragraph (a), by inserting after ``control'' the
following: ``or lying within the United States' Exclusive
Economic Zone and outer Continental Shelf adjacent to the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the Virgin Islands, American Samoa, Guam, or
any other territory of the United States''.
SEC. 207. DETERMINATION OF ADJACENT ZONES AND PLANNING AREAS.
Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43
U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking ``,
and the President'' and all that follows through the end of the
sentence and inserting the following: ``. The lines extending seaward
and defining each State's Adjacent Zone, and each OCS Planning Area,
are as indicated on the maps for each outer Continental Shelf region
entitled `Alaska OCS Region State Adjacent Zone and OCS Planning
Areas', `Pacific OCS Region State Adjacent Zones and OCS Planning
Areas', `Gulf of Mexico OCS Region State Adjacent Zones and OCS
Planning Areas', and `Atlantic OCS Region State Adjacent Zones and OCS
Planning Areas', all of which are dated September 2005 and on file in
the Office of the Director, Minerals Management Service. The Secretary
shall designate the Adjacent Zones of States, and additional OCS
Planning Areas, for parts of the United States' Exclusive Economic Zone
and outer Continental Shelf not covered by those maps.''.
SEC. 208. ADMINISTRATION OF LEASING.
Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334)
is amended by adding at the end the following:
``(k) Voluntary Partial Relinquishment of a Lease.--Any lessee of a
producing lease may relinquish to the Secretary any portion of a lease
that the lessee has no interest in producing and that the Secretary
finds is geologically prospective. In return for any such
relinquishment, the Secretary shall provide to the lessee a royalty
incentive for the portion of the lease retained by the lessee, in
accordance with regulations promulgated by the Secretary to carry out
this subsection. The Secretary shall publish final regulations
implementing this subsection within 365 days after the date of the
enactment of the State Enhanced Authority for Coastal and Ocean
Resources Act of 2008.
``(l) Natural Gas Lease Regulations.--Not later than July 1, 2009,
the Secretary shall publish a final regulation that shall--
``(1) establish procedures for entering into natural gas
leases;
``(2) ensure that natural gas leases are only available for
tracts on the outer Continental Shelf that are wholly within 75
miles of the coastline within an area withdrawn from
disposition by leasing on the day after the date of enactment
of the State Enhanced Authority for Coastal and Ocean Resources
Act of 2008;
``(3) provide that natural gas leases shall contain the
same rights and obligations established for oil and gas leases,
except as otherwise provided in the State Enhanced Authority
for Coastal and Ocean Resources Act of 2008;
``(4) provide that, in reviewing the adequacy of bids for
natural gas leases, the value of any crude oil estimated to be
contained within any tract shall be excluded;
``(5) provide that any crude oil produced from a well and
reinjected into the leased tract shall not be subject to
payment of royalty, and that the Secretary shall consider, in
setting the royalty rates for a natural gas lease, the
additional cost to the lessee of not producing any crude oil;
and
``(6) provide that any Federal law that applies to an oil
and gas lease on the outer Continental Shelf shall apply to a
natural gas lease unless otherwise clearly inapplicable.''.
SEC. 209. GRANT OF LEASES BY SECRETARY.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended--
(1) in subsection (a)(1) by inserting after the first
sentence the following: ``Further, the Secretary may grant
natural gas leases in a manner similar to the granting of oil
and gas leases and under the various bidding systems available
for oil and gas leases.'';
(2) by adding at the end of subsection (b) the following:
``The Secretary may issue more than one lease for a given tract if each
lease applies to a separate and distinct range of vertical depths,
horizontal surface area, or a combination of the two. The Secretary may
issue regulations that the Secretary determines are necessary to manage
such leases consistent with the purposes of this Act.'';
(3) by amending subsection (p)(2)(B) to read as follows:
``(B) The Secretary shall provide for the payment
to coastal States, and their local coastal governments,
of 50 percent of Federal receipts from projects
authorized under this section located within the area
extending seaward of State submerged lands. Payments
shall be based on a formula established by the
Secretary by rulemaking no later than 180 days after
the date of the enactment of the State Enhanced
Authority for Coastal and Ocean Resources Act of 2008
that provides for equitable distribution among coastal
States that have a coastline that is located within 200
miles of the geographic center of the project.'';
(4) by adding at the end the following:
``(q) Natural Gas Leases.--
``(1) Right to produce natural gas.--A lessee of a natural
gas lease shall have the right to produce the natural gas from
a field on a natural gas leased tract if the Secretary
estimates that the discovered field has at least 40 percent of
the technically recoverable Btu content of the field contained
within natural gas.
``(2) Crude oil.--A lessee of a natural gas lease may
produce crude oil from the lease unless the Governor and the
legislature of the Adjacent State object to such production
within 180 days after written notice from the lessee of intent
to produce crude oil from the lease. If the leased tract is
located within 50 miles of the nearest point on the coastline
of a Neighboring State, the Governor and legislature of the
Neighboring State shall also receive such notice and have the
right to object to such production within 180 days after
receipt of such notice.
``(3) Estimates of btu content.--The Secretary shall make
estimates of the natural gas Btu content of discovered fields
on a natural gas lease only after the completion of at least
one exploration well, the data from which has been tied to the
results of a three-dimensional seismic survey of the field. The
Secretary may not require the lessee to further delineate any
discovered field prior to making such estimates.
``(4) Transportation of crude oil.--If an Adjacent State or
any applicable Neighboring State does not object to production
of crude oil from a natural gas lease tract, the lessee shall
be permitted to transport the crude oil from the leased tract
through the Adjacent State's waters, and the Neighboring
State's waters if applicable, to facilities located onshore in
the Adjacent State, and Neighboring State if applicable, unless
the lessee agreed to other arrangements with the Adjacent State
or Neighboring State, or both.
``(5) Repurchase of certain natural gas leases.--Upon
request of the lessee and certification by the Secretary of the
Interior that a natural gas lease tract contains all or part of
a commercial oil and gas discovery that is not allowed to be
produced because it does not meet the standard set in paragraph
(1), the Secretary of the Treasury shall repurchase the lease
by issuance of a check or electronic payment from OCS Receipts
to the lessee in full compensation for the repurchase. The
Secretary shall recoup from the State and local governments any
funds previously shared with them that were derived from the
repurchased lease. Such recoupment shall only be from the State
and local governments' shares of OCS receipts that are payable
after the date of repurchase.
``(6) Amount of compensation.--Repurchase compensation for
each lease repurchased under the authority of this section
shall be in the amount of the lesser of the original bonus bid
paid for the lease or, if the lessee is not the original
lessee, the compensation paid by the current lessee to obtain
its interest in the lease. In addition, the lessee shall be
compensated for any expenses directly attributable to the lease
that the lessee incurs after acquisition of its interest in the
lease to be repurchased, including rentals, seismic acquisition
costs, drilling costs, and other reasonable expenses under the
lease, including expenses incurred in the repurchase process,
to the extent that the lessee has not previously been
compensated by the United States for such expenses. The lessee
shall not be compensated for general overhead expenses or
employee salaries.
``(7) Priority right to obtain future oil and gas lease.--
The lessee, or a designee of the lessee, of a repurchased
natural gas leased tract shall have the right to repurchase
such lease as an oil and gas lease, on a noncompetitive basis,
by repaying the amount received by the lessee if the leased
tract is made available for lease under an oil and gas lease
within 30 years after the repurchase.
``(8) Definition of natural gas.--For purposes of a natural
gas lease, the term `natural gas' means natural gas and all
substances produced in association with gas, including, but not
limited to, hydrocarbon liquids (other than crude oil) that are
obtained by the condensation of hydrocarbon vapors and that
separate out in liquid form from the produced gas stream.
``(r) Removal of Restrictions on Joint Bidding in Certain Areas of
the Outer Continental Shelf.--Restrictions on joint bidders shall no
longer apply to tracts determined to be `frontier tracts' or otherwise
`high cost tracts' under final regulations that shall be published by
the Secretary by not later than 365 days after the date of the
enactment of the State Enhanced Authority for Coastal and Ocean
Resources Act of 2008.
``(s) Royalty Suspension Provisions.--The Secretary shall agree to
a request by any lessee to amend any lease issued for Central and
Western Gulf of Mexico tracts during the period of December 1, 1995,
through December 31, 2000, to incorporate price thresholds applicable
to royalty suspension provisions, or amend existing price thresholds,
in the amount of $34.73 per barrel (January 1, 2005, dollars) for oil
and for natural gas of $4.34 per million Btu (January 1, 2005,
dollars). Any royalties paid because of such new or revised price
thresholds shall be treated as offsetting receipts. Any royalties paid
under lease price thresholds agreed to after the date of enactment of
the State Enhanced Authority for Coastal and Ocean Resources Act of
2008 shall be subject to immediate receipts sharing under section
9(b)(3).
``(t) Mandatory Price Thresholds for Royalty Suspension Volumes.--
Price thresholds shall apply to any royalty suspension volumes granted
by the Secretary after the date of the enactment of the State Enhanced
Authority for Coastal and Ocean Resources Act of 2008. Unless otherwise
set by the Secretary by regulation or for a particular lease sale
within the final notice of sale, the price thresholds shall be $34.73
per barrel of oil (January 1, 2005, dollars) and $4.34 per million Btu
of natural gas (January 1, 2005, dollars).
``(u) Conservation of Resources Fees.--The Secretary shall
establish a conservation of resources fee for nonproducing leases that
will apply to all new leases issued after the date of enactment of the
State Enhanced Authority for Coastal and Ocean Resources Act of 2008.
The fee shall be initially set at $1.00 per acre per year for the first
year of a lease and shall increase by $1 per acre per year until the
fee reaches $5.00 per acre per year and shall be paid each year until
the lease enters production in paying quantities. The fee shall be
treated as offsetting receipts. The sums generated by the fee shall not
be subject to receipts sharing under section 9 and shall be transferred
by the Secretary of the Interior to the Treasury with one-third
allocated to the account established by section 217 of the State
Enhanced Authority for Coastal and Ocean Resources Act of 2008, one-
third allocated to the account established by section 225 of the State
Enhanced Authority for Coastal and Ocean Resources Act of 2008, and
one-third allocated to the account established by section 227 of the
State Enhanced Authority for Coastal and Ocean Resources Act of 2008.
``(v) Voluntary Producing Lease Conservation of Resources Fees.--
Not later than one year after the date of the enactment of SEACOR, the
Secretary by regulation shall establish a voluntary conservation of
resources fee for producing leases that will apply to Central and
Western Gulf of Mexico leases issued for tracts during the period of
December 1, 1995, through December 31, 2000, that are located in more
than 200 meters of water and for which royalties are not due under the
lease when prices exceed $34.73 per barrel for oil and $4.34 per
million Btu for natural gas (January 1, 2005, dollars). The fee shall
be set at $9 per barrel for oil and $1.25 per million Btu for gas. If
the lessee agrees to pay the fee, it shall apply to production from and
after October 1, 2008, for all such leases owned by the lessee and
shall be treated as offsetting receipts. Once the lessee agrees to pay
the fee, it shall become a binding part of the lease and may not be
rescinded and shall only apply to any production volumes for which
royalty does not apply. Any fees paid under this clause shall be
subject to immediate receipts sharing under section 9(b)(3).'';
(5) in subsection (a)(3) by striking subparagraph (A) and
redesignating the subsequent subparagraphs as subparagraphs (A)
and (B), respectively;
(6) in subsection (a)(3)(A) (as so redesignated) by
striking ``In the Western'' and all that follows through ``the
Secretary'' the first place it appears and inserting ``The
Secretary'';
(7) effective October 1, 2008, in subsection (g)--
(A) by striking all after ``(g)'', except paragraph
(3);
(B) by striking the last sentence of paragraph (3);
and
(C) by striking ``(3)''; and
(8) by striking subsection (m).
SEC. 210. DISPOSITION OF RECEIPTS.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended--
(1) by designating the existing text as subsection (a);
(2) in subsection (a) (as so designated) by inserting ``,
if not paid as otherwise provided in this title'' after
``receipts''; and
(3) by adding at the end the following:
``(b) Treatment of OCS Receipts.--
``(1) Deposit.--The Secretary shall deposit into a separate
account in the Treasury the portion of OCS Receipts for each
fiscal year that will be shared under paragraphs (2), (3), and
(4).
``(2) Phased-in receipts sharing.--
``(A) Beginning October 1, 2008, the Secretary
shall share OCS Receipts derived from lease tracts
located completely beyond 4 marine leagues from any
coastline in the following areas:
``(i) On portions of the Gulf of Mexico OCS
Region that were available for leasing under
the 2002 through 2007 5-Year OCS Oil and Gas
Leasing Program.
``(ii) Lease tracts in production prior to
October 1, 2008, located on portions of the OCS
that were not available for leasing under the
2002 through 2007 5-Year OCS Oil and Gas
Leasing Program.
``(iii) Lease tracts for which leases are
issued prior to October 1, 2008, located in the
Alaska OCS Region completely beyond 4 marine
leagues from any coastline.
``(B) The Secretary shall share the following
percentages of OCS Receipts from the lease tracts
described in subparagraph (A) derived during the fiscal
year indicated:
``(i) For fiscal year 2009, 4 percent.
``(ii) For fiscal year 2010, 5 percent.
``(iii) For fiscal year 2011, 6 percent.
``(iv) For fiscal year 2012, 7 percent.
``(v) For fiscal year 2013, 8 percent.
``(vi) For fiscal year 2014, 9 percent.
``(vii) For fiscal year 2015, 10 percent.
``(viii) For fiscal year 2016, 11 percent.
``(ix) For fiscal year 2017, 12 percent.
``(x) For fiscal year 2018 and each
subsequent fiscal year, 50 percent.
``(C) This paragraph shall not apply to leases that
could not have been issued but for section 5(k) of this
Act or section 8(b) of this Act.
``(3) Immediate receipts sharing.--Beginning October 1,
2008, the Secretary shall share 50 percent of OCS Receipts
derived from all lease tracts located completely beyond 4
marine leagues from any coastline not included within the
provisions of paragraph (2), except that the Secretary shall
only share 25 percent of such OCS Receipts derived from all
such lease tracts within a State's Adjacent Zone if leasing is
not allowed within at least 25 percent of that State's Adjacent
Zone located completely within 75 miles of any coastline.
``(4) Receipts sharing from tracts within 4 marine leagues
of any coastline.--
``(A) Areas described in paragraph (2).--Beginning
October 1, 2008, and continuing through September 30,
2013, the Secretary shall share with the Adjacent State
and its coastal political subdivisions 25 percent of
OCS Receipts derived from all lease tracts located
within 4 marine leagues from any coastline within areas
described in paragraph (2). For each fiscal year after
September 30, 2013, the Secretary shall increase the
percent shared in 2 percent increments each fiscal year
until the sharing rate for all lease tracts located
within 4 marine leagues from any coastline within areas
described in paragraph (2) becomes 50 percent.
``(B) Areas not described in paragraph (2).--
Beginning October 1, 2008, the Secretary shall share
with the Adjacent State and its coastal political
subdivisions 50 percent of OCS receipts derived from
all lease tracts located completely or partially within
4 marine leagues from any coastline within areas not
described in paragraph (2).
``(C) Transmission of funds.--Transmission of funds
shared under this paragraph shall be in accordance with
subsection (c).
``(5) Allocations.--The Secretary shall allocate the OCS
Receipts deposited into the separate account established by
paragraph (1) that are shared under paragraphs (2) and (3), as
follows:
``(A) Bonus bids.--Deposits derived from bonus bids
from a leased tract, including interest thereon, shall
be allocated at the end of each fiscal year as follows:
``(i) 50 percent to the Adjacent State.
``(ii) 15 percent to all States, including
the Adjacent State, having a coastline point
within 300 miles of the leased tract, divided
equally, if such State allows leasing within at
least 25 percent of its Adjacent Zone within 75
miles of the coastline.
``(iii) 5 percent into the Treasury, which
shall be allocated to the account established
by section 217 of the State Enhanced Authority
for Coastal and Ocean Resources Act of 2008.
``(iv) 5 percent into the Treasury, which
shall be allocated to the account established
by section 225 of the State Enhanced Authority
for Coastal and Ocean Resources Act of 2008.
``(v) 5 percent into the Treasury, which
shall be allocated to the account established
by section 227 of the State Enhanced Authority
for Coastal and Ocean Resources Act of 2008.
``(vi) 5 percent to all States referred to
in section 2(s) of this Act, the other States
that have been admitted to the Union, and the
District of Columbia, divided equally.
``(vii) 5 percent to all States referred to
in section 2(s) of this Act, the other States
that have been admitted to the Union, and the
District of Columbia, divided based on the
percentage of the total population of the
United States that resides in each.
``(viii) 10 percent to the Low-Income Home
Energy Assistance Program.
``(B) Royalties.--Deposits derived from royalties
and net profit shares from a leased tract, including
interest thereon, shall be allocated at the end of each
fiscal year as follows:
``(i) 30 percent to the Adjacent State.
``(ii) 35 percent to all States, including
the Adjacent State, having a coastline point
within 300 miles of the leased tract, divided
equally, except this clause applies to a State
only if such State allows leasing within at
least 25 percent of its Adjacent Zone within 75
miles of the coastline.
``(iii) 5 percent into the Treasury, which
shall be allocated to the account established
by section 217 of the State Enhanced Authority
for Coastal and Ocean Resources Act of 2008.
``(iv) 5 percent into the Treasury, which
shall be allocated to the account established
by section 225 of the State Enhanced Authority
for Coastal and Ocean Resources Act of 2008.
``(v) 5 percent into the Treasury, which
shall be allocated to the account established
by section 227 of the State Enhanced Authority
for Coastal and Ocean Resources Act of 2008.
``(vi) 5 percent to all States referred to
in section 2(s) of this Act and the other
States that have been admitted to the Union,
divided equally.
``(vii) 5 percent to all States referred to
in section 2(s) of this Act and the other
States that have been admitted to the Union,
divided based on the percentage of the national
population that resides in each.
``(viii) 10 percent to the Low-Income Home
Energy Assistance Program.
``(C) Limitation if not admitted to the union as a
state.--Any entity defined as a `State' under section
2(s) that has not been admitted to the Union as a State
shall only be entitled to one-half of a State share
under subparagraphs (A)(iv) and (B)(iv).
``(c) Transmission of Allocations.--
``(1) In general.--Not later than 90 days after the end of
each fiscal year, the Secretary shall transmit--
``(A) to each State 60 percent of such State's
allocations under subsection (b)(5)(A)(i) and (ii) and
subsection (b)(5)(B)(i) and (ii) for the immediate
prior fiscal year;
``(B) to each coastal county-equivalent and
municipal political subdivisions of such State a total
of 40 percent of such State's allocations under
subsection (b)(5)(A)(i) and (ii) and subsection
(b)(5)(B)(i) and (ii), for the immediate prior fiscal
year, together with all accrued interest thereon; and
``(C) the remaining allocations under subsection
(b)(5), together with all accrued interest thereon.
``(2) Allocations to coastal county-equivalent political
subdivisions.--The Secretary shall make an initial allocation
of the OCS Receipts to be shared under paragraph (1)(B) as
follows:
``(A) 25 percent shall be allocated to coastal
county-equivalent political subdivisions that are
completely more than 25 miles landward of the coastline
and at least a part of which lies not more than 75
miles landward from the coastline, with the allocation
among such coastal county-equivalent political
subdivisions based on population.
``(B) 75 percent shall be allocated to coastal
county-equivalent political subdivisions that are
completely or partially less than 25 miles landward of
the coastline, with the allocation among such coastal
county-equivalent political subdivisions to be further
allocated as follows:
``(i) 25 percent shall be allocated based
on the ratio of such coastal county-equivalent
political subdivision's population to the
coastal population of all coastal county-
equivalent political subdivisions in the State.
``(ii) 25 percent shall be allocated based
on the ratio of such coastal county-equivalent
political subdivision's coastline miles to the
coastline miles of all coastal county-
equivalent political subdivisions in the State
as calculated by the Secretary. In such
calculations, coastal county-equivalent
political subdivisions without a coastline
shall be considered to have 50 percent of the
average coastline miles of the coastal county-
equivalent political subdivisions that do have
coastlines.
``(iii) 50 percent shall be allocated
equally to all coastal county-equivalent
political subdivisions having a coastline point
within 300 miles of the leased tract for which
OCS Receipts are being shared.
``(3) Allocations to coastal municipal political
subdivisions.--The initial allocation to each coastal county-
equivalent political subdivision under paragraph (2) shall be
further allocated to the coastal county-equivalent political
subdivision and any coastal municipal political subdivisions
located partially or wholly within the boundaries of the
coastal county-equivalent political subdivision as follows:
``(A) One-third shall be allocated to the coastal
county-equivalent political subdivision.
``(B) Two-thirds shall be allocated on a per capita
basis to the municipal political subdivisions and the
county-equivalent political subdivision, with the
allocation to the latter based upon its population not
included within the boundaries of a municipal political
subdivision.
``(d) Investment of Deposits.--Amounts deposited under this section
shall be invested by the Secretary of the Treasury in securities backed
by the full faith and credit of the United States having maturities
suitable to the needs of the account in which they are deposited and
yielding the highest reasonably available interest rates as determined
by the Secretary of the Treasury.
``(e) Use of Funds.--A recipient of funds under this section may
use the funds for one or more of the following:
``(1) To reduce in-State college tuition at public
institutions of higher learning and otherwise support public
education, including career technical education.
``(2) To make transportation infrastructure improvements.
``(3) To reduce taxes.
``(4) To promote, fund, and provide for--
``(A) coastal or environmental restoration;
``(B) fish, wildlife, and marine life habitat
enhancement;
``(C) waterways construction and maintenance;
``(D) levee construction and maintenance and shore
protection; and
``(E) marine and oceanographic education and
research.
``(5) To promote, fund, and provide for--
``(A) infrastructure associated with energy
production activities conducted on the outer
Continental Shelf;
``(B) energy demonstration projects;
``(C) supporting infrastructure for shore-based
energy projects;
``(D) State geologic programs, including geologic
mapping and data storage programs, and State
geophysical data acquisition;
``(E) State seismic monitoring programs, including
operation of monitoring stations;
``(F) development of oil and gas resources through
enhanced recovery techniques;
``(G) alternative energy development, including bio
fuels, coal-to-liquids, oil shale, tar sands,
geothermal, geopressure, wind, waves, currents, hydro,
and other renewable energy;
``(H) energy efficiency and conservation programs;
and
``(I) front-end engineering and design for
facilities that produce liquid fuels from hydrocarbons
and other biological matter.
``(6) To promote, fund, and provide for--
``(A) historic preservation programs and projects;
``(B) natural disaster planning and response; and
``(C) hurricane and natural disaster insurance
programs.
``(7) For any other purpose as determined by State law.
``(f) No Accounting Required.--No recipient of funds under this
section shall be required to account to the Federal Government for the
expenditure of such funds, except as otherwise may be required by law.
However, States may enact legislation providing for accounting for and
auditing of such expenditures. Further, funds allocated under this
section to States and political subdivisions may be used as matching
funds for other Federal programs.
``(g) Effect of Future Laws.--Enactment of any future Federal
statute that has the effect, as determined by the Secretary, of
restricting any Federal agency from spending appropriated funds, or
otherwise preventing it from fulfilling its pre-existing
responsibilities as of the date of enactment of the statute, unless
such responsibilities have been reassigned to another Federal agency by
the statute with no prevention of performance, to issue any permit or
other approval impacting on the outer Continental Shelf oil and gas
leasing program, or any lease issued thereunder, or to implement any
provision of this Act shall automatically prohibit any sharing of OCS
Receipts under this section directly with the States, and their coastal
political subdivisions, for the duration of the restriction. The
Secretary shall make the determination of the existence of such
restricting effect within 30 days of a petition by any outer
Continental Shelf lessee or producing State.
``(h) Definitions.--In this section:
``(1) Coastal county-equivalent political subdivision.--The
term `coastal county-equivalent political subdivision' means a
political jurisdiction immediately below the level of State
government, including a county, parish, borough in Alaska,
independent municipality not part of a county, parish, or
borough in Alaska, or other equivalent subdivision of a coastal
State, that lies within the coastal zone.
``(2) Coastal municipal political subdivision.--The term
`coastal municipal political subdivision' means a municipality
located within and part of a county, parish, borough in Alaska,
or other equivalent subdivision of a State, all or part of
which municipality lies within the coastal zone.
``(3) Coastal population.--The term `coastal population'
means the population of all coastal county-equivalent political
subdivisions, as determined by the most recent official data of
the Census Bureau.
``(4) Coastal zone.--The term `coastal zone' means that
portion of a coastal State, including the entire territory of
any coastal county-equivalent political subdivision at least a
part of which lies, within 75 miles landward from the
coastline.
``(5) Bonus bids.--The term `bonus bids' means all funds
received by the Secretary to issue an outer Continental Shelf
minerals lease.
``(6) Royalties.--The term `royalties' means all funds
received by the Secretary from production of oil or natural
gas, or the sale of production taken in-kind, or from net
profit shares, from an outer Continental Shelf minerals lease.
``(7) Producing state.--The term `producing State' means an
Adjacent State having an Adjacent Zone containing leased tracts
from which OCS Receipts were derived.
``(8) OCS receipts.--The term `OCS Receipts' means bonus
bids and royalties.''.
SEC. 211. REVIEW OF OUTER CONTINENTAL SHELF EXPLORATION PLANS.
Subsections (c) and (d) of section 11 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1340) are amended to read as follows:
``(c) Plan Review; Plan Provisions.--
``(1) Except as otherwise provided in this Act, prior to
commencing exploration pursuant to any oil and gas lease issued
or maintained under this Act, the holder thereof shall submit
an exploration plan (hereinafter in this section referred to as
a `plan') to the Secretary for review which shall include all
information and documentation required under paragraphs (2) and
(3). The Secretary shall review the plan for completeness
within 10 days of submission. If the Secretary finds that the
plan is not complete, the Secretary shall notify the lessee
with a detailed explanation and require such modifications of
such plan as are necessary to achieve completeness. The
Secretary shall have 10 days to review a modified plan for
completeness. Such plan may apply to more than one lease held
by a lessee in any one region of the outer Continental Shelf,
or by a group of lessees acting under a unitization, pooling,
or drilling agreement, and the lessee shall certify that such
plan is consistent with the terms of the lease and is
consistent with all statutory and regulatory requirements in
effect on the date of issuance of the lease, and any
regulations promulgated under this Act to provide for the
conservation of resources after the date of the lease issuance.
The Secretary shall have 30 days from the date the plan is
deemed by the Secretary complete to conduct a review of the
plan. If the Secretary finds the plan is not consistent with
the lease and all such statutory and regulatory requirements,
the Secretary shall notify the lessee with a detailed
explanation of such modifications of such plan as are necessary
to achieve such consistency. The Secretary shall have 30 days
to review any modified plan submitted by the lessee. The lessee
shall not take any action under the exploration plan within the
30-day review period, or thereafter until the plan has been
modified to achieve such consistency as so notified.
``(2) An exploration plan submitted under this subsection
shall include, in the degree of detail which the Secretary may
by regulation require--
``(A) a schedule of anticipated exploration
activities to be undertaken;
``(B) a description of equipment to be used for
such activities;
``(C) the general location of each well to be
drilled; and
``(D) such other information deemed pertinent by
the Secretary.
``(3) The Secretary may, by regulation, require that such
plan be accompanied by a general statement of development and
production intentions which shall be for planning purposes only
and which shall not be binding on any party.
``(d) Plan Revisions; Conduct of Exploration Activities.--
``(1) Plan revisions.--If a significant revision of an
exploration plan under this subsection is submitted to the
Secretary, the process to be used for the review of such
revision shall be the same as set forth in subsection (c).
``(2) Exploration activities.--All exploration activities
pursuant to any lease shall be conducted in accordance with an
exploration plan or a revised plan that has been submitted to
and reviewed by the Secretary.''.
SEC. 212. RESERVATION OF LANDS AND RIGHTS.
Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C.
1341) is amended--
(1) in subsection (a) by adding at the end the following:
``The President may partially or completely revise or revoke
any prior withdrawal made by the President under the authority
of this section. The President may not revise or revoke a
withdrawal that is extended by a State under subsection (h),
nor may the President withdraw from leasing any area for which
a State failed to prohibit, or petition to prohibit, leasing
under subsection (g). Further, in the area of the outer
Continental Shelf more than 75 miles from any coastline, not
more than 25 percent of the acreage of any OCS Planning Area
may be withdrawn from leasing under this section at any point
in time. A withdrawal by the President may be for a term not to
exceed 5 years. Except when otherwise provided by law, when
considering potential uses of the outer Continental Shelf, to
the maximum extent possible, the President shall accommodate
competing interests and potential uses.''; and
(2) by adding at the end the following:
``(g) Availability for Leasing Within Certain Areas of the Outer
Continental Shelf.--
``(1) Prohibition against leasing.--
``(A) Unavailable for leasing without state
request.--Except as otherwise provided in this
subsection, from and after enactment of the State
Enhanced Authority for Coastal and Ocean Resources Act
of 2008, the Secretary shall not offer for leasing for
oil and gas, or natural gas, any area within 35 miles
of the coastline that was withdrawn from disposition by
leasing in the Atlantic OCS Region or the Pacific OCS
Region, or the Gulf of Mexico OCS Region Eastern
Planning Area, as depicted on the maps referred to in
this subparagraph, under the Memorandum on Withdrawal
of Certain Areas of the United States Outer Continental
Shelf from Leasing Disposition, 34 Weekly Comp. Pres.
Doc. 1111, dated June 12, 1998, or any area within 35
miles of the coastline not withdrawn from leasing under
that Memorandum that is included within the territorial
waters and Exclusive Economic Zone adjacent to the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, American
Samoa, Guam, and the other territories of the United
States, or any area within 35 miles of the coastline
within the Florida Straits Planning Area as indicated
on the map entitled `Atlantic OCS Region State Adjacent
Zones and OCS Planning Areas', which is dated September
2005 and on file in the Office of the Director,
Minerals Management Service.
``(B) Areas between 35 and 75 miles from the
coastline.--Unless an Adjacent State petitions under
subsection (h) within one year after the date of the
enactment of the State Enhanced Authority for Coastal
and Ocean Resources Act of 2008 for natural gas leasing
or within three years after date of enactment of that
Act for oil and gas leasing, the Secretary shall offer
for leasing any area more than 35 miles but less than
75 miles from the coastline that was withdrawn from
disposition by leasing in the Atlantic OCS Region, the
Pacific OCS Region, or the Gulf of Mexico OCS Region
Eastern Planning Area, as depicted on the maps referred
to in this subparagraph, under the Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf from Leasing Disposition, 34 Weekly
Comp. Pres. Doc. 1111, dated June 12, 1998, or any area
more than 35 miles but less than 75 miles of the
coastline not withdrawn under that Memorandum that is
included within the Exclusive Economic Zone adjacent to
the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the Virgin Islands,
American Samoa, Guam, and the other territories of the
United States, or any area more than 35 miles but less
than 75 miles of the coastline within the Florida
Straits Planning Area as indicated on the map entitled
`Atlantic OCS Region State Adjacent Zones and OCS
Planning Areas', which is dated September 2005 and on
file in the Office of the Director, Minerals Management
Service.
``(2) Petition for leasing.--
``(A) In general.--The Governor of the State, upon
enactment of a State statute providing for such, shall
submit to the Secretary a petition requesting that the
Secretary make available any area that is within the
State's Adjacent Zone, included within the provisions
of paragraph (1), and that (i) is greater than 35 miles
from any point on the coastline of a Neighboring State
for the conduct of offshore leasing, pre-leasing, and
related activities with respect to natural gas leasing;
or (ii) is greater than 50 miles from any point on the
coastline of a Neighboring State for the conduct of
offshore leasing, pre-leasing, and related activities
with respect to oil and gas leasing. The Adjacent State
may also petition for leasing any other area within its
Adjacent Zone if leasing is allowed in the similar area
of the Adjacent Zone of the applicable Neighboring
State, or if not allowed, if the Neighboring State,
acting through its Governor, expresses its concurrence
with the petition. The Secretary shall only consider
such a petition upon making a finding that leasing is
allowed in the similar area of the Adjacent Zone of the
applicable Neighboring State or upon receipt of the
concurrence of the Neighboring State. The date of
receipt by the Secretary of such concurrence by the
Neighboring State shall constitute the date of receipt
of the petition for that area for which the concurrence
applies.
``(B) Limitations on leasing.--In its petition, a
State with an Adjacent Zone that contains leased tracts
may condition new leasing for oil and gas, or natural
gas for tracts within 35 miles of the coastline by--
``(i) requiring a net reduction in the
number of production platforms;
``(ii) requiring a net increase in the
average distance of production platforms from
the coastline;
``(iii) limiting permanent surface
occupancy on new leases to areas that are more
than 10 miles from the coastline;
``(iv) limiting some tracts to being
produced from shore or from platforms located
on other tracts; or
``(v) other conditions that the Adjacent
State may deem appropriate as long as the
Secretary does not determine that production is
made economically or technically impracticable
or otherwise impossible.
``(C) Action by secretary.--Not later than 90 days
after receipt of a petition under subparagraph (A), the
Secretary shall approve the petition, unless the
Secretary determines that leasing the area would
probably cause serious harm or damage to the marine
resources of the State's Adjacent Zone. Prior to
approving the petition, the Secretary shall complete an
environmental assessment that documents the anticipated
environmental effects of leasing in the area included
within the scope of the petition.
``(D) Failure to act.--If the Secretary fails to
approve or deny a petition in accordance with
subparagraph (C) the petition shall be considered to be
approved 90 days after receipt of the petition.
``(E) Amendment of the 5-year leasing program.--
Notwithstanding section 18, within 180 days of the
approval of a petition under subparagraph (C) or (D),
after the expiration of the time limits in paragraph
(1)(B), and within 180 days after the enactment of the
State Enhanced Authority for Coastal and Ocean
Resources Act of 2008 for the areas made available for
leasing under paragraph (2), the Secretary shall amend
the current 5-Year Outer Continental Shelf Oil and Gas
Leasing Program to include a lease sale or sales for at
least 75 percent of the associated areas, unless there
are, from the date of approval, expiration of such time
limits, or enactment, as applicable, fewer than 12
months remaining in the current 5-Year Leasing Program
in which case the Secretary shall include the
associated areas within lease sales under the next 5-
Year Leasing Program. For purposes of amending the 5-
Year Program in accordance with this section, further
consultations with States shall not be required. For
purposes of this section, an environmental assessment
performed under the provisions of the National
Environmental Policy Act of 1969 to assess the effects
of approving the petition shall be sufficient to amend
the 5-Year Leasing Program.
``(h) Option To Extend Withdrawal From Leasing Within Certain Areas
of the Outer Continental Shelf.--A State, through enactment of a State
statute, may extend for a period of time of up to 5 years for each
extension the withdrawal from leasing for all or part of any area
within the State's Adjacent Zone located more than 35 miles, but less
than 75 miles, from the coastline that is subject to subsection
(g)(1)(B). A State may extend multiple times for any particular area
but not more than once per calendar year for any particular area, nor
may a State extend the withdrawal for an area to cause it to extend to
a total of more than 5 years from the date of concurrence by the
legislature. A State must prepare separate extensions, with enactment
of separate State statutes, for oil and gas leasing and for natural gas
leasing. An extension by a State may affect some areas to be withdrawn
from all leasing and some areas to be withdrawn only from one type of
leasing.
``(i) Effect of Other Laws.--Adoption by any Adjacent State of any
constitutional provision, or enactment of any State statute, that has
the effect, as determined by the Secretary, of restricting either the
Governor or the Legislature, or both, from exercising full discretion
related to subsection (g) or (h), or both, shall automatically (1)
prohibit any sharing of OCS Receipts under this Act with the Adjacent
State, and its coastal political subdivisions, and (2) prohibit the
Adjacent State from exercising any authority under subsection (h), for
the duration of the restriction. The Secretary shall make the
determination of the existence of such restricting constitutional
provision or State statute within 30 days of a petition by any outer
Continental Shelf lessee or any State.
``(j) Area of the Gulf of Mexico East of the Military Mission
Line.--
``(1) In general.--When preparing the leasing program under
section 18, the Secretary shall consult with the Secretary of
Defense regarding military operational needs in the area of the
Gulf of Mexico East of the Military Mission Line. The Secretary
shall not offer for leasing for oil and gas or natural gas any
part of that area for which the Secretary of Defense finds oil
and gas operations cannot, or cannot be modified to, compatibly
coexist with military operations. If any part of the area
described in this paragraph is leased, 50 percent of the OCS
Receipts from a lease within such area shall be paid under
section 9 and the other 50 percent shall be paid annually to
the National Guards of all States, allocated by the Secretary
among the States on a per capita basis using the entire
population of such States.
``(2) Military mission line defined.--In this subsection,
the term `Military Mission Line' means a line located at 86
degrees, 41 minutes West Longitude, and extending south from
the coast of Florida to the outer boundary of United States
exclusive economic zone in the Gulf of Mexico.''.
SEC. 213. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(1) in subsection (a), by adding at the end of paragraph
(3) the following: ``The Secretary shall, in each 5-year
program, include lease sales that when viewed as a whole
propose to offer for oil and gas or natural gas leasing at
least 75 percent of the available unleased acreage within each
outer Continental Shelf Planning Area. For purposes of the
preceding sentence, available unleased acreage is that portion
of the outer Continental Shelf that is not under lease at the
time of the proposed lease sale, and has not otherwise been
made unavailable for leasing by law.'';
(2) in subsection (c), by striking so much as precedes
paragraph (3) and inserting the following:
``(c)(1) During the preparation of any proposed leasing program
under this section, the Secretary shall consider and analyze leasing
throughout the entire outer Continental Shelf without regard to any
other law affecting such leasing. During this preparation the Secretary
shall invite and consider suggestions from any interested Federal
agency, including the Attorney General, in consultation with the
Federal Trade Commission, and from the Governor of any coastal State.
The Secretary may also invite or consider any suggestions from the
executive of any local government in a coastal State that have been
previously submitted to the Governor of such State, and from any other
person. Further, the Secretary shall consult with the Secretary of
Defense regarding military operational needs in the outer Continental
Shelf. The Secretary shall work with the Secretary of Defense to
resolve any conflicts that might arise regarding offering any area of
the outer Continental Shelf for oil and gas or natural gas leasing. If
the Secretaries are not able to resolve all such conflicts, any
unresolved issues shall be elevated to the President for resolution.
``(2) After the consideration and analysis required by paragraph
(1), including the consideration of the suggestions received from any
interested Federal agency, the Federal Trade Commission, the Governor
of any coastal State, any local government of a coastal State, and any
other person, the Secretary shall publish in the Federal Register a
proposed leasing program accompanied by a draft environmental impact
statement prepared pursuant to the National Environmental Policy Act of
1969. After the publishing of the proposed leasing program and during
the comment period provided for on the draft environmental impact
statement, the Secretary shall submit a copy of the proposed program to
the Governor of each affected State for review and comment. The
Governor may solicit comments from those executives of local
governments in the Governor's State that the Governor, in the
discretion of the Governor, determines will be affected by the proposed
program. If any comment by such Governor is received by the Secretary
at least 15 days prior to submission to the Congress pursuant to
paragraph (3) and includes a request for any modification of such
proposed program, the Secretary shall reply in writing, granting or
denying such request in whole or in part, or granting such request in
such modified form as the Secretary considers appropriate, and stating
the Secretary's reasons therefor. All such correspondence between the
Secretary and the Governor of any affected State, together with any
additional information and data relating thereto, shall accompany such
proposed program when it is submitted to the Congress.''; and
(3) by adding at the end the following:
``(i) Projection of State Adjacent Zone Resources and State and
Local Government Shares of OCS Receipts.--Concurrent with the
publication of the scoping notice at the beginning of the development
of each 5-year outer Continental Shelf oil and gas leasing program, or
as soon thereafter as possible, the Secretary shall--
``(1) provide to each Adjacent State a current estimate of
proven and potential oil and gas resources located within the
State's Adjacent Zone; and
``(2) provide to each Adjacent State, and coastal political
subdivisions thereof, a best-efforts projection of the OCS
Receipts that the Secretary expects will be shared with each
Adjacent State, and its coastal political subdivisions, using
the assumption that the unleased tracts within the State's
Adjacent Zone are fully made available for leasing, including
long-term projected OCS Receipts. In addition, the Secretary
shall include a macroeconomic estimate of the impact of such
leasing on the national economy and each State's economy,
including investment, jobs, revenues, personal income, and
other categories.''.
SEC. 214. COORDINATION WITH ADJACENT STATES.
Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C.
1345) is amended--
(1) in subsection (a) in the first sentence by inserting
``, for any tract located within the Adjacent State's Adjacent
Zone,'' after ``government''; and
(2) by adding the following:
``(f)(1) No Federal agency may permit or otherwise approve, without
the concurrence of the Adjacent State, the construction of a crude oil
or petroleum products (or both) pipeline within the part of the
Adjacent State's Adjacent Zone that is withdrawn from oil and gas or
natural gas leasing, except that such a pipeline may be approved,
without such Adjacent State's concurrence, to pass through such
Adjacent Zone if at least 50 percent of the production projected to be
carried by the pipeline within its first 10 years of operation is from
areas of the Adjacent State's Adjacent Zone.
``(2) No State may prohibit the construction within its Adjacent
Zone or its State waters of a natural gas pipeline that will transport
natural gas produced from the outer Continental Shelf. However, an
Adjacent State may prevent a proposed natural gas pipeline landing
location if it proposes two alternate landing locations in the Adjacent
State, acceptable to the Adjacent State, located within 50 miles on
either side of the proposed landing location.''.
SEC. 215. ENVIRONMENTAL STUDIES.
Section 20(d) of the Outer Continental Shelf Lands Act (43 U.S.C.
1346) is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following:
``(2) For all programs, lease sales, leases, and actions under this
Act, the following shall apply regarding the application of the
National Environmental Policy Act of 1969:
``(A) Granting or directing lease suspensions and the
conduct of all preliminary activities on outer Continental
Shelf tracts, including seismic activities, are categorically
excluded from the need to prepare either an environmental
assessment or an environmental impact statement, and the
Secretary shall not be required to analyze whether any
exceptions to a categorical exclusion apply for activities
conducted under the authority of this Act.
``(B) The environmental impact statement developed in
support of each 5-year oil and gas leasing program provides the
environmental analysis for all lease sales to be conducted
under the program and such sales shall not be subject to
further environmental analysis.
``(C) Exploration plans shall not be subject to any
requirement to prepare an environmental impact statement, and
the Secretary may find that exploration plans are eligible for
categorical exclusion due to the impacts already being
considered within an environmental impact statement or due to
mitigation measures included within the plan.
``(D) Within each OCS Planning Area, after the preparation
of the first development and production plan environmental
impact statement for a leased tract within the Area, future
development and production plans for leased tracts within the
Area shall only require the preparation of an environmental
assessment unless the most recent development and production
plan environmental impact statement within the Area was
finalized more than 10 years prior to the date of the approval
of the plan, in which case an environmental impact statement
shall be required.''.
SEC. 216. REVIEW OF OUTER CONTINENTAL SHELF DEVELOPMENT AND PRODUCTION
PLANS.
Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C.
1351(a)) is amended to read as follows:
``SEC. 25. REVIEW OF OUTER CONTINENTAL SHELF DEVELOPMENT AND PRODUCTION
PLANS.
``(a) Development and Production Plans; Submission to Secretary;
Statement of Facilities and Operation; Submission to Governors of
Affected States and Local Governments.--
``(1) Prior to development and production pursuant to an
oil and gas lease issued on or after September 18, 1978, for
any area of the outer Continental Shelf, or issued or
maintained prior to September 18, 1978, for any area of the
outer Continental Shelf, with respect to which no oil or gas
has been discovered in paying quantities prior to September 18,
1978, the lessee shall submit a development and production plan
(hereinafter in this section referred to as a `plan') to the
Secretary for review.
``(2) A plan shall be accompanied by a statement describing
all facilities and operations, other than those on the outer
Continental Shelf, proposed by the lessee and known by the
lessee (whether or not owned or operated by such lessee) that
will be constructed or utilized in the development and
production of oil or gas from the lease area, including the
location and site of such facilities and operations, the land,
labor, material, and energy requirements associated with such
facilities and operations, and all environmental and safety
safeguards to be implemented.
``(3) Except for any privileged or proprietary information
(as such term is defined in regulations issued by the
Secretary), the Secretary, within 30 days after receipt of a
plan and statement, shall--
``(A) submit such plan and statement to the
Governor of any affected State, and upon request to the
executive of any affected local government; and
``(B) make such plan and statement available to any
appropriate interstate regional entity and the public.
``(b) Development and Production Activities in Accordance With Plan
as Lease Requirement.--After enactment of the State Enhanced Authority
for Coastal and Ocean Resources Act of 2008, no oil and gas lease may
be issued pursuant to this Act in any region of the outer Continental
Shelf, unless such lease requires that development and production
activities be carried out in accordance with a plan that complies with
the requirements of this section. This section shall also apply to
leases that do not have an approved development and production plan as
of the date of enactment of the State Enhanced Authority for Coastal
and Ocean Resources Act of 2008.
``(c) Scope and Contents of Plan.--A plan may apply to more than
one oil and gas lease, and shall set forth, in the degree of detail
established by regulations issued by the Secretary--
``(1) the general work to be performed;
``(2) a description of all facilities and operations
located on the outer Continental Shelf that are proposed by the
lessee or known by the lessee (whether or not owned or operated
by such lessee) to be directly related to the proposed
development, including the location and size of such facilities
and operations, and the land, labor, material, and energy
requirements associated with such facilities and operations;
``(3) the environmental safeguards to be implemented on the
outer Continental Shelf and how such safeguards are to be
implemented;
``(4) all safety standards to be met and how such standards
are to be met;
``(5) an expected rate of development and production and a
time schedule for performance; and
``(6) such other relevant information as the Secretary may
by regulation require.
``(d) Completeness Review of the Plan.--
``(1) Prior to commencing any activity under a development
and production plan pursuant to any oil and gas lease issued or
maintained under this Act, the lessee shall certify that the
plan is consistent with the terms of the lease and that it is
consistent with all statutory and regulatory requirements in
effect on the date of issuance of the lease, and any
regulations promulgated under this Act related to the
conservation of resources after the date of lease issuance. The
plan shall include all required information and documentation
required under subsection (c).
``(2) The Secretary shall review the plan for completeness
within 30 days of submission. If the Secretary finds that the
plan is not complete, the Secretary shall notify the lessee
with a detailed explanation of such modifications of such plan
as are necessary to achieve completeness. The Secretary shall
have 30 days to review a modified plan for completeness.
``(e) Review for Consistency of the Plan.--
``(1) After a determination that a plan is complete, the
Secretary shall have 120 days to conduct a review of the plan,
to ensure that it is consistent with the terms of the lease,
and that it is consistent with all such statutory and
regulatory requirements applicable to the lease. The review
shall ensure that the plan is consistent with lease terms, and
statutory and regulatory requirements applicable to the lease,
related to national security or national defense, including any
military operating stipulations or other restrictions. The
Secretary shall seek the assistance of the Department of
Defense in the conduct of the review of any plan prepared under
this section for a lease containing military operating
stipulations or other restrictions and shall accept the
assistance of the Department of Defense in the conduct of the
review of any plan prepared under this section for any other
lease when the Secretary of Defense requests an opportunity to
participate in the review. If the Secretary finds that the plan
is not consistent, the Secretary shall notify the lessee with a
detailed explanation of such modifications of such plan as are
necessary to achieve consistency.
``(2) The Secretary shall have 120 days to review a
modified plan.
``(3) The lessee shall not conduct any activities under the
plan during any 120-day review period, or thereafter until the
plan has been modified to achieve compliance as so notified.
``(4) After review by the Secretary provided for by this
section, a lessee may operate pursuant to the plan without
further review or approval by the Secretary.
``(f) Review of Revision of the Approved Plan.--The lessee may
submit to the Secretary any revision of a plan if the lessee determines
that such revision will lead to greater recovery of oil and natural
gas, improve the efficiency, safety, and environmental protection of
the recovery operation, is the only means available to avoid
substantial economic hardship to the lessee, or is otherwise not
inconsistent with the provisions of this Act, to the extent such
revision is consistent with protection of the human, marine, and
coastal environments. The process to be used for the review of any such
revision shall be the same as that set forth in subsections (d) and
(e).
``(g) Cancellation of Lease on Failure To Submit Plan or Comply
With a Plan.--Whenever the owner of any lease fails to submit a plan in
accordance with regulations issued under this section, or fails to
comply with a plan, the lease may be canceled in accordance with
section 5(c) and (d). Cancellation of a lease because of failure to
comply with a plan, including required modifications or revisions,
shall not entitle a lessee to any compensation.
``(h) Production and Transportation of Natural Gas; Submission of
Plan to Federal Energy Regulatory Commission; Impact Statement.--If any
development and production plan submitted to the Secretary pursuant to
this section provides for the production and transportation of natural
gas, the lessee shall contemporaneously submit to the Federal Energy
Regulatory Commission that portion of such plan that relates to the
facilities for transportation of natural gas. The Secretary and the
Federal Energy Regulatory Commission shall agree as to which of them
shall prepare an environmental impact statement pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applicable to such portion of such plan, or conduct studies as to the
effect on the environment of implementing it. Thereafter, the findings
and recommendations by the agency preparing such environmental impact
statement or conducting such studies pursuant to such agreement shall
be adopted by the other agency, and such other agency shall not
independently prepare another environmental impact statement or
duplicate such studies with respect to such portion of such plan, but
the Federal Energy Regulatory Commission, in connection with its review
of an application for a certificate of public convenience and necessity
applicable to such transportation facilities pursuant to section 7 of
the Natural Gas Act (15 U.S.C. 717f), may prepare such environmental
studies or statement relevant to certification of such transportation
facilities as have not been covered by an environmental impact
statement or studies prepared by the Secretary. The Secretary, in
consultation with the Federal Energy Regulatory Commission, shall
promulgate rules to implement this subsection, but the Federal Energy
Regulatory Commission shall retain sole authority with respect to rules
and procedures applicable to the filing of any application with the
Commission and to all aspects of the Commission's review of, and action
on, any such application.''.
SEC. 217. FEDERAL ENERGY NATURAL RESOURCES ENHANCEMENT FUND ACT OF
2008.
(a) Findings.--The Congress finds the following:
(1) Energy and minerals exploration, development, and
production on Federal onshore and offshore lands, including
bio-based fuel, natural gas, minerals, oil, geothermal, and
power from wind, waves, currents, and thermal energy, involves
significant outlays of funds by Federal and State wildlife,
fish, and natural resource management agencies for
environmental studies, planning, development, monitoring, and
management of wildlife, fish, air, water, and other natural
resources.
(2) State wildlife, fish, and natural resource management
agencies are funded primarily through permit and license fees
paid to the States by the general public to hunt and fish, and
through Federal excise taxes on equipment used for these
activities.
(3) Funds generated from consumptive and recreational uses
of wildlife, fish, and other natural resources currently are
inadequate to address the natural resources related to energy
and minerals development on Federal onshore and offshore lands.
(4) Funds available to Federal agencies responsible for
managing Federal onshore and offshore lands and Federal-trust
wildlife and fish species and their habitats are inadequate to
address the natural resources related to energy and minerals
development on Federal onshore and offshore lands.
(5) Receipts derived from sales, bonus bids, and royalties
under the mineral leasing laws of the United States are paid to
the Treasury through the Minerals Management Service of the
Department of the Interior.
(6) None of the receipts derived from sales, bonus bids,
and royalties under the minerals leasing laws of the United
States are paid to the Federal or State agencies to examine,
monitor, and manage wildlife, fish, air, water, and other
natural resources related to natural gas, oil, and mineral
exploration and development.
(b) Purposes.--It is the purpose of this section to--
(1) establish a fund for the monitoring and management of
wildlife and fish, and their habitats, and air, water, and
other natural resources related to energy and minerals
development on Federal onshore and offshore lands;
(2) make available receipts derived from sales, bonus bids,
royalties, net profit shares, and fees from onshore and
offshore gas, mineral, oil, and any additional form of energy
and minerals development under the laws of the United States
for the purposes of such fund;
(3) distribute funds from such fund each fiscal year to the
Secretary of the Interior, the Secretary of Agriculture, and
the States; and
(4) use the distributed funds to secure the necessary
trained workforce or contractual services to conduct
environmental studies, planning, development, monitoring, and
postdevelopment management of wildlife and fish and their
habitats and air, water, and other natural resources that may
be related to bio-based fuel, gas, mineral, oil, wind, or other
energy exploration, development, transportation, transmission,
and associated activities on Federal onshore and offshore
lands, including, but not limited to--
(A) pertinent research, surveys, and environmental
analyses conducted to identify any impacts on wildlife,
fish, air, water, and other natural resources from
energy and mineral exploration, development,
production, and transportation or transmission;
(B) projects to maintain, improve, or enhance
wildlife and fish populations and their habitats or
air, water, or other natural resources, including
activities under the Endangered Species Act of 1973;
(C) research, surveys, environmental analyses, and
projects that assist in managing, including mitigating
either onsite or offsite, or both, the impacts of
energy and mineral activities on wildlife, fish, air,
water, and other natural resources; and
(D) projects to teach young people to live off the
land.
(c) Definitions.--In this section:
(1) Enhancement fund.--The term ``Enhancement Fund'' means
the Federal Energy Natural Resources Enhancement Fund
established by this subsection (d).
(2) State.--The term ``State'' means the Governor of a
State, commonwealth, or territory of the United States.
(d) Establishment and Use of Federal Energy Natural Resources
Enhancement Fund.--
(1) Enhancement fund.--There is established in the Treasury
a separate account to be known as the ``Federal Energy Natural
Resources Enhancement Fund''.
(2) Funding.--The Secretary of the Treasury shall deposit
in the Enhancement Fund--
(A) such sums as are provided by sections
9(b)(5)(A)(iii) and 9(b)(5)(B)(iii), of the Outer
Continental Shelf Lands Act, as amended by this Act;
(B)(i) during the period of October 1, 2008,
through September 30, 2018, one percent of all sums
paid into the Treasury under section 35 of the Mineral
Leasing Act (30 U.S.C. 191); and
(ii) beginning October 1, 2018, and thereafter, 2.5
percent of all sums paid into the Treasury under
section 35 of the Mineral Leasing Act (30 U.S.C. 191);
(C)(i) during the period of October 1, 2008,
through September 30, 2018, one percent of all sums
paid into the Treasury from receipts derived from bonus
bids, royalties, rentals, and other receipts from other
mineral and energy leasing, rights, easements, and
other permissions to operate on public lands; and
(ii) beginning October 1, 2018, and thereafter, 2.5
percent of all sums paid into the Treasury from
receipts derived from bonus bids, royalties, rentals,
and other receipts from other mineral and energy
leasing, rights, easements, and other permissions to
operate on public lands;
(D) donations to the Fund; and
(E) such sums as are provided by subsection (u) of
section 8 of the Outer Continental Shelf Lands Act and
section 235 of the State Enhanced Authority for Coastal
and Ocean Resources Act of 2008.
(3) Donations.--The Secretary of the Interior may solicit
and accept donations of funds for deposit into the Enhancement
Fund. Donors may designate the activities under this section
that will be funded by their donation, and the allocation of
funds to each.
(4) Investments.--The Secretary of the Treasury shall
invest the amounts deposited under paragraph (2), and all
accrued interest on the amounts deposited under paragraph (2),
only in interest bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the
United States.
(5) Payment to the secretary of the interior.--
(A) In general.--Beginning with fiscal year 2009,
and in each fiscal year thereafter, one-third of
amounts deposited into the Enhancement Fund during the
previous fiscal year, together with the interest
thereon, shall be available, without further
appropriation and without fiscal year limitation, to
the Secretary of the Interior for allocation to the
Department of the Interior and the Department of
Agriculture, under an equitable allocation that the
Secretary of the Interior shall devise, for use for the
purposes described in subsection (b)(4).
(B) Withdrawals and transfer of funds.--The
Secretary of the Treasury shall withdraw such amounts
from the Enhancement Fund as the Secretary of the
Interior may request, subject to the limitation in
subparagraph (A), and transfer such amounts to the
Secretary of the Interior to be used, at the discretion
of the Secretary of the Interior, by the Minerals
Management Service, the Bureau of Land Management, the
National Park Service, and the United States Fish and
Wildlife Service, and to the Secretary of Agriculture
to be used by the Forest Service, for the purposes
described in subsection (b)(4). Each fiscal year the
Secretary of the Interior shall request withdrawal of
one-third of the amounts deposited into the Enhancement
Fund during the previous fiscal year, together with the
interest thereon.
(6) Payment to states.--
(A) In general.--Beginning with fiscal year 2009,
and in each fiscal year thereafter, two-thirds of
amounts deposited into the Enhancement Fund, together
with interest thereon, shall be available, without
fiscal year limitations, to the States for use for the
purposes described in (b)(4).
(B) Withdrawals and transfer of funds.--Within the
first 90 days of each fiscal year, the Secretary of the
Treasury shall withdraw the amounts identified in
subparagraph (A) from the Enhancement Fund and transfer
such amounts to the States based on the proportion of
all receipts that were collected the previous year into
the Fund from Federal leases and other rights,
easements, and permissions within the boundaries of
each State and each State's outer Continental Shelf
Adjacent Zone as determined in accordance with section
4(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1333(a)), as amended by this Act.
(C) Use of payments by state.--Each State shall use
the payments made under subparagraph (B) only for
carrying out projects and programs for the purposes
described in subsection (b)(4).
(D) Encourage use of private funds by state.--Each
State shall use the payments made under subparagraph
(B) to leverage private funds for carrying out projects
for the purposes described in subsection (b)(4).
(e) Limitation on Use.--Amounts made available under this section
may not be used for the purchase of any interest in land.
(f) Reports to Congress.--
(1) In general.--Beginning in fiscal year 2010 and
continuing for each fiscal year thereafter, the Secretary of
the Interior, the Secretary of Agriculture, and each State
receiving funds from the Enhancement Fund shall submit a report
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives.
(2) Required information.--Reports submitted to the
Congress by the Secretary of the Interior, the Secretary of
Agriculture, and States under this subsection shall include the
following information regarding expenditures during the
previous fiscal year:
(A) A summary of pertinent scientific research and
surveys conducted to identify impacts on wildlife,
fish, and other natural resources from energy and
mineral developments.
(B) A summary of projects planned and completed to
maintain, improve, or enhance wildlife and fish
populations and their habitats or other natural
resources.
(C) A list of additional actions that assist, or
would assist, in managing, including mitigating either
onsite or offsite, or both, the impacts of energy and
mineral development on wildlife, fish, and other
natural resources.
(D) A summary of private (non-Federal) funds used
to plan, conduct, and complete the plans and programs
identified in paragraphs (2)(A) and (2)(B).
(g) Short Title.--This section may be cited as the ``Federal Energy
Natural Resources Enhancement Fund Act of 2008''.
SEC. 218. TERMINATION OF EFFECT OF LAWS PROHIBITING THE SPENDING OF
APPROPRIATED FUNDS FOR CERTAIN PURPOSES.
(a) Outer Continental Shelf.--All provisions of existing Federal
law prohibiting the spending of appropriated funds to conduct oil and
natural gas leasing and preleasing activities, or to issue a lease to
any person, for any area of the outer Continental Shelf shall have no
force or effect.
(b) Oil Shale and Tar Sands.--Section 433 of division F of the
Consolidated Appropriations Act, 2008 (121 Stat. 2152), and all other
provisions of existing Federal law prohibiting the spending of
appropriated funds to issue final commercial leasing regulations or to
perform any other function related to section 369 of the Energy Policy
Act of 2005 (42 U.S.C. 15927) shall have no force or effect.
SEC. 219. OUTER CONTINENTAL SHELF INCOMPATIBLE USE.
(a) In General.--No Federal agency may permit construction or
operation (or both) of any facility, or designate or maintain a
restricted transportation corridor or operating area on the Federal
outer Continental Shelf or in State waters, that will be incompatible
with, as determined by the Secretary of the Interior, oil and gas or
natural gas leasing and substantially full exploration and production
of tracts that are geologically prospective for oil or natural gas (or
both).
(b) Exceptions.--Subsection (a) shall not apply to any facility,
transportation corridor, or operating area the construction, operation,
designation, or maintenance of which is or will be--
(1) located in an area of the outer Continental Shelf that
is unavailable for oil and gas or natural gas leasing by
operation of Federal law;
(2) used for a military readiness activity (as defined in
section 315(f) of Public Law 107-314 (16 U.S.C. 703 note)); or
(3) required in the national interest, as determined by the
President.
SEC. 220. REPURCHASE OF CERTAIN LEASES.
(a) Authority To Repurchase and Cancel Certain Leases.--The
Secretary of the Interior shall repurchase and cancel any Federal oil
and gas, geothermal, coal, oil shale, tar sands, or other mineral
lease, whether onshore or offshore, but not including any outer
Continental Shelf oil and gas leases that were subject to litigation in
the Court of Federal Claims on January 1, 2008, if the Secretary finds
that such lease qualifies for repurchase and cancellation under the
regulations authorized by this section.
(b) Regulations.--Not later than 365 days after the date of the
enactment of this Act, the Secretary shall publish a final regulation
stating the conditions under which a lease referred to in subsection
(a) would qualify for repurchase and cancellation, and the process to
be followed regarding repurchase and cancellation. Such regulation
shall include, but not be limited to, the following:
(1) The Secretary shall repurchase and cancel a lease after
written request by the lessee upon a finding by the Secretary
that--
(A) a request by the lessee for a required permit
or other approval complied with applicable law, except
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.), and terms of the lease, and such permit or
other approval was denied;
(B) a Federal agency failed to act on a request by
the lessee for a required permit, other approval, or
administrative appeal within a regulatory or statutory
timeframe associated with the requested action, whether
advisory or mandatory, or if none, within 180 days; or
(C) a Federal agency attached a condition of
approval, without agreement by the lessee, to a
required permit or other approval if such condition of
approval was not mandated by Federal statute or
regulation in effect on the date of lease issuance, or
was not specifically allowed under the terms of the
lease.
(2) A lessee shall not be required to exhaust
administrative remedies regarding a permit request,
administrative appeal, or other required request for approval
for the purposes of this section.
(3) The Secretary shall make a final agency decision on a
request by a lessee under this section within 180 days of the
request.
(4) Compensation to a lessee to repurchase and cancel a
lease under this section shall be the amount that a lessee
would receive in a restitution case for a material breach of
contract.
(5) Compensation shall be in the form of a check or
electronic transfer from the Department of the Treasury from
funds deposited into miscellaneous receipts under the authority
of the same Act that authorized the issuance of the lease being
repurchased.
(6) Failure of the Secretary to make a final agency
decision on a request by a lessee under this section within 180
days of the request shall result in a 10 percent increase in
the compensation due to the lessee if the lease is ultimately
repurchased.
(c) No Prejudice.--This section shall not be interpreted to
prejudice any other rights that the lessee would have in the absence of
this section.
SEC. 221. OFFSITE ENVIRONMENTAL MITIGATION.
Notwithstanding any other provision of law, any person conducting
activities under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the
Geothermal Steam Act (30 U.S.C. 1001 et seq.), the Mineral Leasing Act
for Acquired Lands (30 U.S.C. 351 et seq.), the Weeks Act (16 U.S.C.
552 et seq.), the General Mining Act of 1872 (30 U.S.C. 22 et seq.),
the Materials Act of 1947 (30 U.S.C. 601 et seq.), or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), may in satisfying
any mitigation requirements associated with such activities propose
mitigation measures on a site away from the area impacted and the
Secretary of the Interior shall accept these proposed measures if the
Secretary finds that they generally achieve the purposes for which
mitigation measures appertained.
SEC. 222. REGULATION OF ONSHORE SURFACE-DISTURBING ACTIVITIES.
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is
amended to read as follows:
``(g) Regulation of Surface-Disturbing Activities.--
``(1) Regulation of surface-disturbing activities.--The
Secretary of the Interior, or for National Forest lands, the
Secretary of Agriculture, shall regulate all surface-disturbing
activities conducted pursuant to any lease issued under this
Act, and shall determine reclamation and other actions as
required in the interest of conservation of surface resources.
``(2) Submission of exploration plan; completion review;
compliance review.--
``(A) Prior to beginning oil and gas exploration
activities, a lessee shall submit an exploration plan
to the appropriate Secretary under paragraph (1) for
review.
``(B) The Secretary shall review the plan for
completeness within 10 days of submission.
``(C) In the event the exploration plan is
determined to be incomplete, the Secretary shall notify
the lessee in writing and specify the items or
information needed to complete the exploration plan.
``(D) The Secretary shall have 10 days to review
any modified exploration plan submitted by the lessee.
``(E) To be deemed complete, an exploration plan
shall include, in the degree of detail to be determined
by the Secretary by rule or regulation--
``(i) a drilling plan containing a
description of the drilling program;
``(ii) the surface and projected completion
zone location;
``(iii) pertinent geologic data;
``(iv) expected hazards, and proposed
mitigation measures to address such hazards;
``(v) a schedule of anticipated exploration
activities to be undertaken;
``(vi) a description of equipment to be
used for such activities;
``(vii) a certification from the lessee
stating that the exploration plan complies with
all lease, regulatory, and statutory
requirements in effect on the date of the
issuance of the lease and any regulations
promulgated after the date of lease issuance
related to the conservation of resources;
``(viii) evidence that the lessee has
secured an adequate bond, surety, or other
financial arrangement prior to commencement of
any surface disturbing activity;
``(ix) a plan that details the complete and
timely reclamation of the lease tract; and
``(x) such other relevant information as
the Secretary may by regulation require.
``(F) Upon a determination that the exploration
plan is complete, the Secretary shall have 30 days from
the date the plan is deemed complete to conduct a
review of the plan.
``(G) If the Secretary finds the exploration plan
is not consistent with all statutory and regulatory
requirements described in subparagraph (E)(vii), the
Secretary shall notify the lessee with a detailed
explanation of such modifications of the exploration
plan as are necessary to achieve compliance.
``(H) The lessee shall not take any action under
the exploration plan within a 30-day review period, or
thereafter until the plan has been modified to achieve
compliance as so notified.
``(I) After review by the Secretary provided by
this subsection, a lessee may operate pursuant to the
plan without further review or approval by the
Secretary.
``(3) Plan revisions; conduct of exploration activities.--
``(A) If a significant revision of an exploration
plan under this subsection is submitted to the
Secretary, the process to be used for the review of
such revision shall be the same as set forth in
paragraph (1) of this subsection.
``(B) All exploration activities pursuant to any
lease shall be conducted in accordance with an
exploration plan that has been submitted to and
reviewed by the Secretary or a revision of such plan.
``(4) Submission of development and production plan;
completeness review; compliance review.--
``(A) Prior to beginning oil and gas development
and production activities, a lessee shall submit a
development and exploration plan to the appropriate
Secretary under paragraph (1). Upon submission, such
plans shall be subject to a review for completeness.
``(B) The Secretary shall review the plan for
completeness within 30 days of submission.
``(C) In the event a development and production
plan is determined to be incomplete, the Secretary
shall notify the lessee in writing and specify the
items or information needed to complete the plan.
``(D) The Secretary shall have 30 days to review
for completeness any modified development and
production plan submitted by the lessee.
``(E) To be deemed complete, a development and
production plan shall include, in the degree of detail
to be determined by the Secretary by rule or
regulation--
``(i) a drilling plan containing a
description of the drilling program;
``(ii) the surface and projected completion
zone location;
``(iii) pertinent geologic data;
``(iv) expected hazards, and proposed
mitigation measures to address such hazards;
``(v) a statement describing all facilities
and operations proposed by the lessee and known
by the lessee (whether or not owned or operated
by such lessee) that shall be constructed or
utilized in the development and production of
oil or gas from the leases areas, including the
location and site of such facilities and
operations, the land, labor, material, and
energy requirements associated with such
facilities and operations;
``(vi) the general work to be performed;
``(vii) the environmental safeguards to be
implemented in connection with the development
and production and how such safeguards are to
be implemented;
``(viii) all safety standards to be met and
how such standards are to be met;
``(ix) an expected rate of development and
production and a time schedule for performance;
``(x) a certification from the lessee
stating that the development and production
plan complies with all lease, regulatory, and
statutory requirements in effect on the date of
issuance of the lease, and any regulations
promulgated after the date of lease issuance
related to the conservation of resources;
``(xi) evidence that the lessee has secured
an adequate bond, surety, or other financial
arrangement prior to commencement of any
surface disturbing activity;
``(xii) a plan that details the complete
and timely reclamation of the lease tract; and
``(xiii) such other relevant information as
the Secretary may by regulation require.
``(F) Upon a determination that the development and
production plan is complete, the Secretary shall have
120 days from the date the plan is deemed complete to
conduct a review of the plan.
``(G) If the Secretary finds the development and
production plan is not consistent with all statutory
and regulatory requirements described in subparagraph
(E)(x), the Secretary shall notify the lessee with a
detailed explanation of such modifications of the
development and production plan as are necessary to
achieve compliance.
``(H) The lessee shall not take any action under
the development and production plan within a 120-day
review period, or thereafter until the plan has been
modified to achieve compliance as so notified.
``(5) Plan revisions; conduct of development and production
activities.--
``(A) If a significant revision of a development
and production plan under this subsection is submitted
to the Secretary, the process to be used for the review
of such revision shall be the same as set forth in
paragraph (4) of this subsection.
``(B) All development and production activities
pursuant to any lease shall be conducted in accordance
with a development and production plan that has been
submitted to and reviewed by the Secretary or a
revision of such plan.
``(6) Cancellation of lease on failure to submit plan or
comply with approved plan.--Whenever the owner of any lease
fails to submit a plan in accordance with regulations issued
under this section, or fails to comply with a plan, the lease
may be canceled in accordance with section 31. Cancellation of
a lease under this paragraph because of failure to comply with
a plan, including required modifications or revisions, shall
not entitle a lessee to any compensation.''.
SEC. 223. RENAMING OF MINERALS MANAGEMENT SERVICE.
The bureau known as the ``Minerals Management Service'' in the
Department of the Interior shall be known as the ``National Ocean
Resources and Royalty Service''.
SEC. 224. AUTHORITY TO USE DECOMMISSIONED OFFSHORE OIL AND GAS
PLATFORMS AND OTHER FACILITIES FOR ARTIFICIAL REEF,
SCIENTIFIC RESEARCH, OR OTHER USES.
(a) Short Title.--This section may be cited as the ``Rigs to Reefs
Act of 2008''.
(b) In General.--The Outer Continental Shelf Lands Act (43 U.S.C.
1301 et seq.) is amended by inserting after section 9 the following:
``SEC. 10. USE OF DECOMMISSIONED OFFSHORE OIL AND GAS PLATFORMS AND
OTHER FACILITIES FOR ARTIFICIAL REEF, SCIENTIFIC
RESEARCH, OR OTHER USES.
``(a) In General.--The Secretary shall issue regulations under
which the Secretary may authorize use of an offshore oil and gas
platform or other facility that is decommissioned from service for oil
and gas purposes for an artificial reef, scientific research, or any
other use authorized under section 8(p) or any other applicable Federal
law.
``(b) Transfer Requirements.--The Secretary shall not allow the
transfer under this section of a decommissioned offshore oil and gas
platform or other facility to another person unless the Secretary is
satisfied that the transferee is sufficiently bonded, endowed, or
otherwise financially able to fulfill its obligations, including but
not limited to--
``(1) ongoing maintenance of the platform or other
facility;
``(2) any liability obligations that might arise;
``(3) removal of the platform or other facility if
determined necessary by the Secretary; and
``(4) any other requirements and obligations that the
Secretary may deem appropriate by regulation.
``(c) Plugging and Abandonment.--The Secretary shall ensure that
plugging and abandonment of wells of a decommissioned offshore oil and
gas platform is accomplished at an appropriate time.
``(d) Potential To Petition To Opt-Out of Regulations.--An Adjacent
State acting through a resolution of its legislature, with concurrence
of its Governor, may preliminarily petition to opt-out of the
application of regulations promulgated under this section to platforms
and other facilities located in the area of its Adjacent Zone within 12
miles of the coastline. Upon receipt of the preliminary petition, the
Secretary shall complete an environmental assessment that documents the
anticipated environmental effects of approving the petition. The
Secretary shall provide the environmental assessment to the State,
which then has the choice of no action or confirming its petition by
further action of its legislature, with the concurrence of its
Governor. The Secretary may except such area from the application of
such regulations, and shall approve any confirmed petition.
``(e) Limitation on Liability.--A person that had used an offshore
oil and gas platform or other facility for oil and gas purposes and
that no longer has any ownership or control of the platform or other
facility shall not be liable under Federal law for any costs or damages
arising from such platform or other facility after the date the
platform or other facility is used for any purpose under subsection
(a), unless such costs or damages arise from--
``(1) use of the platform or other facility by the person
for development or production of oil or gas; or
``(2) another act or omission of the person.
``(f) Other Leasing and Use Not Affected.--This section, and the
use of any offshore oil and gas platform or other facility for any
purpose under subsection (a), shall not affect--
``(1) the authority of the Secretary to lease any area
under this Act; or
``(2) any activity otherwise authorized under this Act.''.
(c) Deadline for Regulations.--The Secretary of the Interior shall
issue regulations under subsection (b) by not later than 180 days after
the date of the enactment of this Act.
(d) Study and Report on Effects of Removal of Platforms.--Not later
than one year after the date of enactment of this Act, the Secretary of
the Interior, in consultation with other Federal agencies as the
Secretary deems advisable, shall study and report to the Congress
regarding how the removal of offshore oil and gas platforms and other
facilities from the outer Continental Shelf would affect existing fish
stocks and coral populations.
SEC. 225. MINING AND PETROLEUM SCHOOLS.
(a) Energy and Mineral Schools Reinvestment Act Fund.--
(1) Energy and mineral schools reinvestment act fund.--
There is established in the Treasury a separate account to be
known as the ``Energy and Mineral Schools Reinvestment Act
Fund'' (in this section referred to as the ``EMSRA Fund'').
(2) Funding.--The Secretary of the Treasury shall deposit
in the EMSRA Fund--
(A) such sums as are provided by sections
9(b)(5)(A)(iv) and 9(b)(5)(B)(iv) of the Outer
Continental Shelf Lands Act, as amended by this Act;
(B)(i) during the period of October 1, 2008,
through September 30, 2018, one percent of all sums
paid into the Treasury under section 35 of the Mineral
Leasing Act (30 U.S.C. 191); and
(ii) beginning October 1, 2018, and thereafter, 2.5
percent of all sums paid into the Treasury under
section 35 of the Mineral Leasing Act (30 U.S.C. 191);
(C)(i) during the period of October 1, 2008,
through September 30, 2018, one percent of all sums
paid into the Treasury from receipts derived from bonus
bids, royalties, rentals, and other receipts from other
mineral and energy leasing, rights, easements, and
other permissions to operate on public lands; and
(ii) beginning October 1, 2018, and thereafter, 2.5
percent of all sums paid into the Treasury from
receipts derived from bonus bids, royalties, rentals,
and other receipts from other mineral and energy
leasing, rights, easements, and other permissions to
operate on public lands;
(D) donations received under paragraph (4);
(E) amounts referred to in section 2325 of the
Revised Statutes; and
(F) such sums as are provided by subsection (u) of
section 8 of the Outer Continental Shelf Lands Act and
section 235 of the State Enhanced Authority for Coastal
and Ocean Resources Act of 2008.
(3) Investments.--The Secretary of the Treasury shall
invest the amounts deposited under paragraph (2), and all
accrued interest on the amounts deposited under paragraph (2),
only in interest bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the
United States.
(4) Donations.--The Secretary of the Interior may solicit
and accept donations of funds for deposit into the EMSRA Fund.
Donors may designate which activities under this section that
will be funded by their donation, and the allocation of funds
to each.
(5) Payment to the secretary of the interior.--
(A) In general.--Beginning with fiscal year 2009,
and in each fiscal year thereafter, the amounts
deposited into the EMSRA Fund, shall be available,
without further appropriation and without fiscal year
limitations, to the Secretary of the Interior for use
to carry out the Energy and Minerals Schools
Reinvestment Act, as amended by subsection (b).
(B) Withdrawals and transfer of funds.--The
Secretary of the Treasury shall withdraw such amounts
from the EMSRA Fund as were deposited in the previous
fiscal year, together with interest thereon, and
transfer such amounts to the Secretary of the Interior
to be used, at the discretion of the Secretary of the
Interior to carry out the Energy and Mineral Schools
Reinvestment Act.
(b) Maintenance and Restoration of Existing and Historic Petroleum
and Mining Engineering Programs.--Public Law 98-409 (30 U.S.C. 1221 et
seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Energy and Mineral Schools
Reinvestment Act'.
``SEC. 2. TABLE OF CONTENTS.
``The table of contents for this Act is as follows:
``Sec. 1. Short title.
``Sec. 2. Table of contents.
``Sec. 3. Policies.
``Sec. 4. Energy engineering.
``Sec. 5. Mining engineering.
``Sec. 6. Applied geology and applied geophysics schools.
``Sec. 7. Physical science, engineering and technology scholarship
program.
``Sec. 8. Career technical education.
``Sec. 9. Administration.
``Sec. 10. Applications for funding and duties of receiving schools and
individuals.
``Sec. 11. Advisory Committee.
``Sec. 12. Program scholarships & fellowships.
``Sec. 13. Annual funding.
``Sec. 14. Studies.
``SEC. 3. POLICIES.
``It is the policy of the United States to--
``(1) maintain the human capital needed to preserve and
foster the economic, energy, and mineral resources security of
the United States. The chemical, petroleum and mining
engineering programs and the applied geology and geophysics
programs at schools, universities, and institutions that
produce the human capital are national assets and will be
assisted with Federal funds to ensure their continued good
health and existence;
``(2) develop the Nation's energy and mineral resources in
a fashion that fosters community-based economic and
environmental sustainability, sound environmental protection,
productive secondary use of the involved lands, and ensures
effective, efficient and economically-sound reclamation that
supports sustainable communities. In order to achieve these
goals it is the policy of the United States to support
continuing research into the scientific and engineering
fundamentals of energy and mineral resource extraction, paying
heed to all matters of operational safety and efficiency;
``(3) support the Nation's petroleum and mining schools in
conducting continuing research into the optimization of the
extraction and reclamation operations by encouraging the
integration of public policy, law, economics, environmental
management and engineering into activities that foster
sustainable energy and mineral development; and
``(4) establish research priorities and educational
policies that will enhance the principles of domestic free
enterprise, protect America's competitive edge, and promote the
ability of the U.S. industrial economy to compete effectively
in the world marketplace of the 21st century for the benefit of
all of the citizens of the Nation.
``SEC. 4. ENERGY ENGINEERING.
``(a) Recognized Energy Schools.--Recognized Energy Schools are
those schools, universities, or educational institutions that have
programs that meet the specific program criteria for chemical
engineering, petroleum engineering or natural gas engineering and that
are accredited on the date of enactment of by ABET, Inc., of Baltimore,
Maryland, and that are actively pursuing research and development
programs that meet the objectives of subsection (d).
``(b) New Energy Schools, 2+2 Degree Programs, Minority Serving
Institutions.--
``(1) A school, university, or educational institution that
seeks to establish a energy school shall be treated as a
recognized school for purposes of this Act if it establishes a
chemical, petroleum or natural gas engineering program that
meets the specific program criteria and receives accredited as
such by ABET, Inc., and agrees to the conditions of subsection
(c).
``(2) Any partnership between a recognized energy school as
defined in subsection (a) and a academic program at another
institution at which the successful completion of an
associate's degree in engineering that will allow the student
to continue to complete a bachelor's degree in Chemical,
Petroleum Engineering or Natural Gas Engineering shall be
treated as a recognized school for the purposes of receiving
funds under this Act. The program receiving funding shall be
the recognized petroleum school, which shall distribute the
funding in a manner agreed to by the partnership and approved
by the Secretary.
``(3) A minority serving institution that establishes a
program in petroleum engineering or that participates in a
partnership described in subsection (b)(2) shall in addition to
the R&D funding made available under this Act be eligible to
receive by authorized transfer, appropriate federally owned
equipment that will support the development of such programs.
``(4) The Secretary shall authorize the stationing of
appropriate Departmental personnel at all newly established
institutions to serve as advisors, mentors and adjunct faculty
for a period of not more than 5 years.
``(5) The Secretary shall provide to faculty and students
in newly established minority serving programs substantial
opportunity to participate in collaborative research projects
that are directly related to the Departmental missions, allow
faculty and students in these programs to participate available
Federal training activities as Departmental employees; and
provide funding for paid internships in agency facilities for
students in these programs. When Departmental funding is
sufficient, all such participation in training shall be at no
cost to the institutions or the participants.
``(c) Requirements To Be Met for R&D Funding for Participating
Schools.--Each school, university, or institution receiving funds under
this section shall--
``(1) agree to maintain programs to train undergraduate and
graduate petroleum engineers for 10 years after the date of the
last receipt of funds under this section;
``(2) take the steps described in its application for
funding to increase the number of undergraduate and graduate
students enrolled in and completing the program of study; and
``(3) carry out research, investigations, demonstrations,
and experiments in a manner that will enhance undergraduate and
graduate education in petroleum engineering.
``(d) Research and Development Objectives.--
``(1) The schools receiving funding under this section
shall use such funds to conduct research in chemical
engineering, petroleum engineering, natural gas engineering,
drilling or production engineering, reservoir management, and
formation evaluation as applied to hydrocarbon systems science
as defined in section 5005 of Public Law 110-69, the America
COMPETES Act of 2007, while providing educational opportunities
for students, paying particular emphasis on undergraduate
education.
``(2) The research funded by this Act may include, but is
not limited to the following:
``(A) Developing improvements in drilling
engineering and technology for both offshore and
onshore activities that will enhance the safety, cost
effectiveness, and environmental soundness of drilling
and well completion operations.
``(B) Studying reservoir characterization, modeling
and engineering to improve recovery in aging fields
with the goal of maximizing recovery while
accommodating economic and operational constraints.
``(C) Developing new production system technology
for low permeability formations and the applying new
technology to improve the performance of fields in such
formations.
``(D) Developing energy efficient lift systems and
improving fluid flow and separation systems.
``(E) Expanding carbon capture and sequestration
research, conducting field demonstrations on an
operational scale and examining the utilization of
carbon dioxide and other greenhouse gases to enhance
the recovery at aging fields.
``(F) Developing methodologies and technologies for
the commercial and environmentally sound production of
methane hydrates, oil shale and other non-conventional
petroleum resources.
``(G) Developing applied strategies and technology
that minimize the surface expression of drilling and
production activities that minimize environmental
impact of the immediate resource development.
``(3) To the extent that the research programs goals listed
in subsection (b) overlap with the research goals of section
6(d), funding under this Act is appropriate. Petroleum
engineering and petroleum geology and geophysics programs at a
single institution are encouraged to develop joint proposals
for funding under this Act.
``(4) As a general rule, research funded under this section
shall be related to the immediate production of oil and natural
gas resources, the immediate on-site processing of produced
resources and their placement into the distribution systems.
``(e) Petroleum and Natural Gas Technology Programs.--
``(1) Where appropriate, the Secretary may make funds
available to programs in engineering technology that award
either associate or baccalaureate degrees in engineering
technology, provided that such programs provide training and
produce outcomes that qualify graduates for employment in the
petroleum industry.
``(2) The Secretary shall base the availability of such
funds on the presence of an approved program in engineering
technology or industrial technology that is focused on
technology and its use in energy, natural gas and petroleum
production, processing and related maintenance, operational
safety.
``(3) Programs that are focused on federally-approved
energy infrastructure protection and security, granting either
an associate's degree or a baccalaureate degree shall be
eligible for funding.
``(4) Funds made available as grants by the Secretary shall
be for three-year increments to support these programs for a
period not to exceed 12 years, but all Federal funds must be
matched with State and or industry funds at a rate of twice
that of the amount granted by the Secretary. Funding may be
used to acquire and maintain equipment used for classroom and
laboratory training purposes, except that any underground
training facilities shall be subject to the provision of
section 10(f).
``(5) In the absence of a nationally recognized
accreditation or certification processes for petroleum-related
engineering technology programs, the Secretary shall request
the committee created by section 11 to examine requesting
programs and the outcomes of the programs to determine if it is
appropriate to provide funding to the programs.
``SEC. 5. MINING ENGINEERING.
``(a) Recognized Mining Schools Defined.--Recognized mining schools
are those schools, universities, or educational institutions that meet
the specific program criteria for mining or mineral engineering and
that are accredited on the date of enactment of by ABET, Inc., of
Baltimore, Maryland.
``(b) New Mining Schools, 2+2 Degree Programs, Minority Serving
Institutions.--
``(1) A school, university, or educational institution that
seeks to establish a mining or mineral engineering program
shall be treated as a recognized mining school for purposes of
this Act if it establishes a mining or mineral engineering
program that meets the specific program criteria and is
accredited as such by ABET, Inc., and agrees to the conditions
of subsection (c).
``(2) Any partnership between a recognized mining school
and an academic program at another institution at which the
successful completion of an associate's degree in engineering
that will allow the student to continue to complete a
Bachelor's degree in Mining or Mineral Engineering shall be
treated as a recognized mining school for the purposes of this
Act. The program receiving funding shall be the recognized
mining school, which shall distribute the funding in a manner
agreed to by the partnership and approved by the Secretary.
``(3) A minority serving institution that establishes a
program in Mining or Mineral Engineering or that participates
in a partnership described in subsection (b)(2) shall in
addition to the R&D funding made available under this Act be
eligible to receive by authorized transfer, appropriate
federally owned equipment that will support the development of
such programs.
``(4) The Secretary shall authorize the stationing of
appropriate Departmental personnel at all newly established
institutions to serve as advisors, mentors and adjunct faculty
for a period of not more than 5 years.
``(5) The Secretary shall provide to faculty and students
in newly established minority serving programs substantial
opportunity to participate in collaborative research projects
that are directly related to the Departmental missions, allow
faculty and students in these programs to participate available
Federal training activities as Departmental employees; and
provide funding for paid internships in agency facilities for
students in these programs. When Departmental funding is
sufficient, all such participation in training shall be at no
cost to the institutions or the participants.
``(c) Requirements To Be Met for R&D Funding for Participating
Schools.--Each school, university, or institution receiving funds under
this section shall--
``(1) agree to maintain programs to train undergraduate and
graduate mining and mineral engineers for 10 years after the
date of the last receipt of funds under this section;
``(2) take steps described in its application for funding
to increase the number of undergraduate and graduate students
enrolled in and completing the programs of study;
``(3) take steps to increase the Nation's future mining and
mineral engineering professorial corps by maintaining and
encouraging participation of United States citizens in PhD
programs; and
``(4) carry out research, investigations, demonstrations,
and experiments in a manner that will enhance undergraduate and
graduate education in mining, and mineral engineering.
``(d) Research and Development Goals.--
``(1) The schools receiving are to use funding under this
section to conduct research in the production of conventional
and non-conventional solid-mineral fuel resources, metallic and
non-metallic mineral resources, including industrial mineral
resources, and the production of stone, sand, and gravel.
``(2) Research funded by this Act related to production
shall include but not be limited to--
``(A) improving mining and mineral extraction
methods, mine equipment automation, materials handling,
and mine production technology and systems;
``(B) improving technology directly related to
miners safety, and the prevention of mining injury and
mining-related diseases;
``(C) improving mine ventilation and simulation;
``(D) fundamental and applied rock mechanics,
including catastrophic failure detection and prevention
and the stability of surface and underground
excavations for both mining and post-mining purposes;
``(E) research into the basic science and
engineering of deep mines, petroleum reserves, and deep
engineered underground structures;
``(F) scale effects in terms of size and time, as
it is related to open-pit mining, including estimating
rock mass strength of large slopes and transitioning
from open pit to underground mining methods;
``(G) explosives engineering improvement, rock
cutting and fragmentation analysis and optimization of
rock breakage processes;
``(H) improving environmental management and
reclamation technology, and reclamation practices for
active operations;
``(I) the development of re-mining systems and
technologies to facilitate reclamation that fosters the
ultimate recovery of resources and the utilization of
mined materials that are not currently used in the
materials manufacturing process;
``(J) development or improvement of mine production
and processing designs and methods to minimize energy
and water consumption, develop use of alternative
energy sources, and minimization of surface impacts;
``(K) the engineering economics evaluation of
mineral resource production, including issues relating
to sustainable development, foreign competition for
resources, supply and demand for resources, resource
depletion, and sustaining supplies of critical and
strategic resources;
``(L) fundamental and applied research on mineral
processing, including comminution, flotation,
hydrometallurgy, pyrometallurgy, and biological
influences on processing and extracting minerals;
``(M) solid-liquid separation in mineral
beneficiation, such as dewatering of the concentrates
and recycling of washing water in a concentrator; and
``(N) development of environment-oriented waste
water treatment technology applied in mining industry
to minimize the impact of the acid mine drainage and
the tailing water on the surrounding environments.
``(3) As a general rule, research funded under this section
shall be related to the immediate production of mineral and
earth material resources, the immediate crushing, milling,
processing, beneficiation, smelting, or refining of the
resources and shall not include primary fabrication or
manufacturing. Downstream research is not appropriately funded
under this section. Proposals fostering and providing the
scientific and engineering basis for sustainable development
are appropriately funded under this section.
``(4) Research recommendations made by the National Academy
prior to the date of enactment shall be properly funded under
this section if the Secretary, as advised by the Committee
established by section 11, finds that recommended research
continues to have merit.
``(e) Mining Engineering Technology Programs.--
``(1) Where appropriate, the Secretary may make funds
available to programs in engineering technology that award
either associate and baccalaureate degrees in engineering
technology, provided that such programs provide training and
produce outcomes that qualify graduates for employment in the
mining industry in positions in mineral production, mining
facilities construction, mineral preparation, mining equipment
maintenance or sales, maintenance of environmental controls and
other positions that assist mining engineers.
``(2) The funds may be made available as grants by the
Secretary in not more than three-year increments to support
these programs for a period not to exceed 12 years, but all
Federal funds must be matched with State and or industry funds
at a rate of twice that of the amount granted by the Secretary.
Funding may be used to acquire and maintain equipment used for
classroom and practical training purposes; except that any
underground training facilities shall be subject to the
provision of section 10(f).
``(3) In the absence of a nationally recognized
accreditation program for mining engineering technology, the
Secretary shall request the committee created by section 11 to
examine the program and the outcomes of the programs to
determine if it is appropriate to provide funding to the
program.
``SEC. 6. APPLIED GEOLOGY AND APPLIED GEOPHYSICS SCHOOLS.
``(a) Recognized Applied Geology and Geophysics Programs.--
``(1) For purposes of receiving funds under this Act,
recognized applied geology and geophysics schools are those
schools that have as of the date of this Act programs of
undergraduate and graduate education and research in--
``(A) geological engineering that is accredited on
the date of enactment of this Act by ABET, Inc., of
Baltimore, Maryland, and which is focused on petroleum
or natural gas production, the production of mineral
resources, and the development of permanent underground
workings as demonstrated by the curriculum and the
expertise of the existing faculty; and
``(B) geophysical engineering that is accredited on
the date of enactment by ABET, Inc., of Baltimore,
Maryland, and which is focused on the discovery and
development of oil, gas, mineral deposits or assisting
in the placement of large engineered structures as
demonstrated by the curriculum and the expertise of the
existing faculty.
``(2) Recognized applied geology and geophysics programs
shall also be those that the Secretary determines to be
acceptable under subsection (b)(2) and section 11(d) and that
have undergraduate and graduate programs of research and
education in--
``(A) the geology and geophysics of conventional or
non-conventional petroleum deposits;
``(B) the geology and geophysics of the development
of all forms of geothermal energy; and
``(C) the geology and geophysics of exploration for
mineral resources, including coal and like substances,
metallic and non-metallic mineral resources, including
industrial minerals, and stone, sand, and gravel.
``(b) Applied Geology and Geophysics Program Criteria.--
``(1) Programs listed in subsection (a) with the focus and
the nationally recognized accreditation through ABET, Inc., of
Baltimore, Maryland, shall be deemed as recognized programs,
provided that the program focus is similar to that found in
subsection (a)(1).
``(2) In the absence of a nationally recognized
accreditation program for the applied geology and geophysics
programs listed in this section, the Secretary shall request
the committee created by section 11 to examine the program and
the outcomes of the programs to determine if it is appropriate
to provide funding to the program.
``(c) Requirements To Be Met for R&D Funding for Participating
Schools.--
``(1) Each school, university, or institution receiving
funds under this section shall--
``(A) agree to maintain programs to train
undergraduate and graduate students for not less than
10 years after the date of the last receipt of funds
under this section;
``(B) take steps described in its application for
funding to increase the number of undergraduate and
graduate students enrolled in and completing the
programs of study;
``(C) increase the Nation's future professorial
corps through maintaining existing Ph.D. programs that
place particular emphasis on the training of United
States citizens; and
``(D) carry out research, investigations,
demonstrations, and experiments in a manner that will
enhance undergraduate and graduate education in their
respective programs areas.
``(2) As a general rule, research funded under this section
shall be related to the exploration for and the production of
deposits of conventional and unconventional oil and natural
gas, coal and like substances, geothermal systems, metallic and
non-metallic minerals, industrial minerals and stone sand and
gravel. Research into the immediate on-site processing of
produced resources and their placement into the distribution
systems is appropriate under this section. Research directly
related to the formation and distribution of mineral deposits
in space and time, and research on the availability of critical
and strategic minerals to the Nations industrial economy is
appropriately funded under this section. Research of the
downstream usage of mined materials is not appropriately funded
under this Act.
``(d) Research and Development Goals for Applied Geology and
Geophysics Programs.--
``(1) Research funded by this Act related to geological
engineering may include, but is not limited to--
``(A) development of numerical geomechanics models
for rock fracture, fragmentation, material flow,
surface and underground structure stability including
computer infrastructure for large computational models;
``(B) analysis of coupled geological processes,
including mechanical, hydrological, chemical, thermal,
time-dependent processes, and in particular, those
applicable to nuclear waste disposal, deep underground
excavations, and surface weathering;
``(C) development of improved rock support systems
including, but not limited to methods such as bolts,
shotcrete, and epoxy systems, improved modeling methods
to predict the interaction of rock and rock support
methods;
``(D) modeling the effects of seismicity on surface
and subsurface earth structures, including earthquake
prediction to those structures;
``(E) modeling and analyzing mining and
constructibility issues in surface and underground
operations in weak rock;
``(F) development of monitoring equipment for
surface and underground structure stability;
``(G) integration of modeling, sampling, analysis,
and interpretation methods to combine geo-related
parameters for integrated system response to resource
development, reclamation and environmental management;
``(H) development of improved geochemical sensing
systems/equipment and integration/understanding of
complex geochemical environments for exploration,
production, and reclamation; and
``(I) improved remote sensing technology and
interpretation for exploration, production, and
reclamation of a site, including detection and
monitoring of subsidence, earth stresses, ground
stability related to resource development.
``(2) Research funded by this Act related to geophysical
engineering may include but is not limited to--
``(A) development of or improvement of three
dimensional and time-dependent numerical models of
geophysical methods for earth models related to energy
and mineral resources;
``(B) development of new sensor technologies for
aerial, surface, subsurface, borehole, and machine
deployment for improved resolution with depth and time
and improved discrimination of physical and chemical
properties of the rock mass and dimensions of the
target of interest during the exploration, development,
production or reclamation phases of a site;
``(C) development of smart sensor networks for
improved resolution with depth or time (or both) of
physical and chemical properties of energy and mineral
resources during the exploration, development,
production, and reclamation phases of a site;
``(D) development of integrated interpretation
methods and data fusion methods for geophysical,
geological, and ancillary data during the exploration,
development, production, and reclamation phases;
``(E) creation of publicly available databases of
geophysical datasets, interpretations, modeling codes
that are not in violation of prior confidentiality
agreements;
``(F) development of geosensing technologies to aid
in production, equipment automation, and smart systems;
``(G) developing the next generation of geophysical
sensors for detecting the geophysical attributes of
mineral deposits masked by vegetation and/or hidden
under cover of unconsolidated materials; and
``(H) development of systems to detect underground
mine voids left by past mining in aid of enhancing
public health and safety and protection of
infrastructure including roads, buildings, power lines
and pipelines.
``(3) Research funded by this Act related to petroleum
geology and geophysics may include but is not limited to--
``(A) developing refined techniques or designing
innovative tools to identify and delineate economic
accumulations of conventional and non-conventional oil
and gas resources;
``(B) developing geological and geophysical
diagnostic methodologies or tools for characterizing
and modeling conventional and non-conventional oil and
gas bearing rocks, reservoirs and source beds;
``(C) studying conventional and non-conventional
oil and gas economics to sustain domestic oil and gas
resource exploration and production;
``(D) developing new methodologies, technologies,
or strategies, including rock-fluid interaction
studies, to improve the recovery of known conventional
and unconventional oil and gas resources from
established fields; and
``(E) studying procedures to extract conventional
and non-conventional oil and gas resources that reduce
the environmental impact of these activities.
``(4) Research funded by this Act related to the production
of geothermal energy should reflect the near and long-term
needs of finding, bringing online, and sustaining geothermal
energy sources, including, but not restricted to the following:
``(A) Identifying and characterizing geothermal
energy resources, especially those that are hidden, and
the development and refinement of technologies and
approaches to increase the success rate in finding
these resources.
``(B) Engineering, maintaining, and sustaining a
geothermal resource through multidisciplinary, applied
studies in engineering, geology, and geophysics,
including fluid flow in the subsurface, reservoir
characterization and engineering.
``(C) Extraction of economic minerals from
geothermal fluid streams.
``(5) Research funded by this Act into the geology and
geophysics of exploration for mineral deposits, including coal
and like substances, metallic and non-metallic mineral
resources to include industrial minerals, and stone, sand, and
gravel may include--
``(A) improving the estimates of the United States
coal resource endowment, assessing the extent of the
Nation's coal recoverable reserves and assessing the
quality of recoverable reserves, regardless of
ownership;
``(B) enhancing the understanding of mineability
and recoverability of coal resources due to technical
constraints, such as mining methods, coal processing
technologies, intended use, environmental
considerations, and geology, and due to economic,
policy, and legal constraints;
``(C) regional and local geologic, geochemical, and
geophysical characterization of the United States
mineral resource endowments, including the development
of new techniques for assessing the mineral resource
potential;
``(D) construction and testing of hypotheses and
models for the formation and global distribution of
important classes of mineral resource in space and
time;
``(E) development of improved methodology and
technology for exploration and discovery of concealed
or deep mineral resources, including the detection of
geochemical and geophysical attributes of mineral
deposits that have little or no surface expression and
are obscured by overlying barren rock materials, water,
and vegetation; and
``(F) research analyzing the potential global
availability of mineral resources needed by the United
States' industrial economy to compete in the world
marketplace, including but not limited to the physical
and engineering factors, the economic and market
factors, and the political and legal factors that will
affect mineral resource availability.
``SEC. 7. PHYSICAL SCIENCE, ENGINEERING AND TECHNOLOGY SCHOLARSHIP
PROGRAM.
``(a) Interior Workforce Enhancement.--
``(1) The Secretary shall provide financial assistance for
education in physical sciences, engineering, and engineering or
industrial technology and disciplines that, as determined by
the Secretary, are critical to the functions of the Department
of the Interior and are needed in the Department of the
Interior workforce.
``(2) The Secretary of the Interior may award a scholarship
in accordance with this section to a person who--
``(A) is a citizen or a national of the United
States;
``(B) is pursuing an undergraduate or advanced
degree in a critical skill or discipline described in
paragraph (1) at an institution of higher education;
and
``(C) enters into a service agreement with the
Secretary of the Interior as described in this section.
``(3) The amount of the financial assistance provided under
a scholarship awarded to a person under this subsection shall
be the amount determined by the Secretary of the Interior as
being necessary to pay all educational expenses incurred by
that person, including tuition, fees, cost of books, laboratory
expenses, and expenses of room and board. The expenses paid,
however, shall be limited to those educational expenses
normally incurred by students at the institution of higher
education involved.
``(b) Minority Workforce Enhancement.--
``(1) The Secretary shall award scholarships in accordance
with this section to persons who--
``(A) are enrolled in a Minority Serving Higher
Education Institutions;
``(B) are citizens or nationals of the United
States;
``(C) are pursuing an undergraduate or advanced
degree in agriculture, engineering, engineering or
industrial technology, or physical sciences, or other
discipline that is found by the Secretary to be
critical to the functions of the Department of the
Interior and are needed in the Department of the
Interior workforce; and
``(D) enter into a service agreement with the
Secretary of the Interior as described in this section.
``(2) The amount of the financial assistance provided under
a scholarship awarded to a person under this subsection shall
be the amount determined by the Secretary of the Interior as
being necessary to pay all educational expenses incurred by
that person, including tuition, fees, cost of books, laboratory
expenses, and expenses of room and board. The expenses paid,
however, shall be limited to those educational expenses
normally incurred by students at the institution of higher
education involved.
``(c) Education Partnerships With Minority Serving Higher Education
Institutions.--
``(1) The Secretary shall require the director of each
Bureau and Office, to foster the participation of Minority
Serving Higher Education Institutions in any regulatory
activity, land management activity, science activity,
engineering or industrial technology activity, or engineering
activity carried out by the Department of the Interior.
``(2) The Secretary shall support activities at Minority
Serving Higher Education Institutions by--
``(A) funding faculty and students in these
institutions in collaborative research projects that
are directly related to the Departmental or Bureau
missions;
``(B) allowing equipment transfer to Minority
Serving Higher Education Institutions as a part of a
collaborative research program directly related to a
Departmental or Bureau mission;
``(C) allowing faculty and students at these
Minority Serving Higher Education Institutions to
participate Departmental and Bureau training activities
at no charge;
``(D) funding paid internships in Departmental and
Bureau facilities for students at Minority Serving
Higher Education Institutions; and
``(E) assigning Departmental and Bureau personnel
to positions located at Minority Serving Higher
Educational Institutions to serve as mentors to
students interested in a science, technology or
engineering disciplines related to the mission of the
Department or the Bureaus.
``(d) Uniform Service Agreement for Recipients of Assistance.--
``(1) To receive financial assistance under subsection (a)
or (b)--
``(A) in the case of an employee of the Department
of the Interior, the employee shall enter into a
written agreement to continue in the employment of the
department for the period of obligated service
determined under paragraph (2); and
``(B) in the case of a person not an employee of
the Department of the Interior, the person shall enter
into a written agreement to accept and continue
employment in the Department of the Interior for the
period of obligated service determined under paragraph
(2).
``(2) For the purposes of this section, the period of
obligated service for a recipient of a scholarship under this
section shall be the period determined by the Secretary of the
Interior as being appropriate to obtain adequate service in
exchange for the financial assistance provided under the
scholarship. In no event may the period of service required of
a recipient be less than the total period of pursuit of a
degree that is covered by the scholarship. The period of
obligated service is in addition to any other period for which
the recipient is obligated to serve in the civil service of the
United States.
``(3) An agreement entered into under this subsection by a
person pursuing an academic degree shall include any terms and
conditions that the Secretary of the Interior determines
necessary to protect the interests of the United States or
otherwise appropriate for carrying out this section.
``(e) Refund for Period of Unserved Obligated Service.--
``(1) A person who voluntarily terminates service before
the end of the period of obligated service required under an
agreement entered into under subsection (d)(2) shall refund to
the United States an amount determined by the Secretary of the
Interior as being appropriate to obtain adequate service in
exchange for financial assistance.
``(2) An obligation to reimburse the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) The Secretary of the Interior may waive, in whole or
in part, a refund required under paragraph (1) if the Secretary
determines that recovery would be against equity and good
conscience or would be contrary to the best interests of the
United States.
``(4) A discharge in bankruptcy under title 11, United
States Code, that is entered less than five years after the
termination of an agreement under this section does not
discharge the person signing such agreement from a debt arising
under such agreement or under this subsection.
``(f) Relationship to Other Programs.--The Secretary of the
Interior shall coordinate the provision of financial assistance under
the authority of this section with the provision of financial
assistance under the authorities provided in this Act in order to
maximize the benefits derived by the Department of the Interior from
the exercise of all such authorities.
``(g) Annual Report.--Not later than September 30 of each year, the
Secretary of the Interior shall submit to the Congress a report on the
status of the assistance program carried out under this section. The
report shall describe the programs within the Department designed to
recruit and retain a workforce on a short-term basis and on a long-term
basis.
``(h) Definitions.--As used in this section:
``(1) The term `Minority Serving Higher Education
Institutions' means a Hispanic-serving institution,
historically Black college or university, Alaska Native-serving
institution, tribal college or university, or insular area
school.
``(2) The term `Hispanic-serving institution' has the
meaning given the term in section 502(a) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)).
``(3) The term `historically Black college or university'
has the meaning given the term `part B institution' in section
322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
``(4) The term `tribal college or university' has the
meaning given the term `Tribal College or University' in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c).
``(5) The term `institution of higher education' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
``(6) The term `Alaska Native-serving institution' has the
meaning given the term in section 317 of the Higher Education
Act of 1965 (20 U.S.C. 1059d).
``(7) The term `insular area school' means an academic
institution or university in American Samoa, Guam, The Northern
Mariana Islands, Puerto Rico, and the Virgin Islands, or any
other territory or possession of the United States.
``SEC. 8. CAREER TECHNICAL EDUCATION.
``(a) Policy.--It is the policy of the United States that programs
that train skilled workers and tradesman receive appropriate funding to
ensure a steady supply of these workers for the Nation's mines, oil
fields, and factories, fisheries and farms. In recognition that skilled
workers are integral to the Nation's economy, it is the purpose of this
Act to foster stronger links between post secondary education and the
training of skilled workers and tradesman. In furtherance of this
purpose, funds authorized by this Act may be granted to colleges,
universities, community colleges, tribal colleges and universities,
technical institutes, apprenticeship programs, and secondary schools to
implement this section.
``(b) Community College Career Technical College Funding.--
``(1) A Community or Tribal College may receive funding
under this section if it submits an application that
demonstrates the presence of a State-approved program in
engineering technology or industrial technology that--
``(A) is focused on the application of technology
to energy and mineral production; mineral processing
and beneficiation or metals refining; maintenance
related to energy and mineral resource production
activities and operational safety; energy an mineral
production infrastructure protection and security; and
industrial process operations; and
``(B) grants a certificate in one of the subjects
listed in subsection (b)(1)(A).
``(2) A Community or Tribal College may receive funding
under this section if it submits an application that
demonstrates that it cooperatively offers training to
individuals seeking to complete programs described in
subsection (c) or (d) and provides college level credit for the
successful completion of the training.
``(3) The funds may be made available as grants by the
Secretary in not more than three-year increments to support
these programs for a period not to exceed 12 years, but all
Federal funds must be matched with State and or industry funds
at a rate of twice that of the amount granted by the Secretary.
``(4) Federal funding may be used to acquire and maintain
equipment used for classroom and laboratory training purposes,
except that any underground training facilities shall be
subject to the provision of section 10(f).
``(c) Secondary School Career Technical Education Funding.--
``(1) A secondary school with the presence of a program,
including a secondary school vocational education program or
career academy, that provides training for individuals seeking
to enter the petroleum, coal mining, or mineral mining
industries may apply for funding under this section.
``(2) Secondary schools may apply for funding if they
maintain a State-approved program of career technical education
offered cooperatively with a community college in one of the
industrial sectors of--
``(A) agriculture, forestry, or fisheries;
``(B) utilities, particularly power transmission
and pipelines operations;
``(C) maintenance and maintenance logistics;
``(D) construction;
``(E) manufacturing;
``(F) mining, surveying, and well drilling; or
``(G) transportation and warehousing.
``(3) Secondary schools seeking funds to support the
operation of a program may initially only use those funds for
enhancing the instructional skills of teachers through
additional training and resources as will permit such teachers
to enhance their skills.
``(4) After the teachers at existing programs have achieved
enhanced skills and meet an appropriate standard, as agreed to
by local authorities in consultation with the Secretary, the
funds be used to purchase classroom and laboratory equipment.
``(5) Secondary schools seeking funds to support the
development of a new program shall use the funds to support the
purchase of classroom and laboratory equipment and to
supplement teacher salaries to encourage the hiring of highly
qualified teachers.
``(d) Skilled Trades Training Programs.--Jointly sponsored
apprenticeship and training programs that are authorized by Federal law
and that offer community college credit for the successful completion
of coursework may apply for funding under this section, provided that
the training offered in one of the sectors listed in subsection
(b)(1)(A) or (c).
``(e) Application for Funding.--An application for funds under this
section must show evidence of an institutional commitment for career
technical education and provide evidence that the school or institution
has received or will receive industry cooperation in the form of
equipment, employee time, or donations of funds to support the
activities that are within the scope of this section.
``(f) Use of Career Technical Education Funding.--
``(1) Schools or institutions receiving funds under this
section must agree to maintain the programs for which the
funding is sought for a period of 10 years beginning on the
date the school or institution receives such funds, unless the
Secretary finds that a shorter period of time is appropriate
for the local labor market or is required by State authorities.
``(2) Schools or institutions receiving funds under this
section may combine these funds with State funds, and other
Federal funds where allowed by law, to carry out programs
described in this section. However the use of the funds
received under this section must be reported to the Secretary
not less than annually or more frequently should the Secretary
determine such reporting to be appropriate.
``SEC. 9. ADMINISTRATION.
``(a) Duties of the Secretary.--
``(1) The Secretary, acting through the Director of the
National Center for Science and Technology Education, shall
administer this Act and shall prescribe such rules and
regulations as may be necessary to carry out its provisions not
later than 1 year after the enactment of SEACOR.
``(2) The regulations required by this section shall ensure
that when scholarships, fellowships, or grants are to be
awarded that there be a preference given to veterans and
service members who have received or will receive either the
Afghanistan Campaign Medal or the Iraq Campaign Medal as
authorized by Public Law 108-234, and Executive Order No.
13363.
``(3) The regulations prepared by the Secretary shall
establish procedures--
``(A) to ensure that each employee and contractor
of the Center established by this section and each
member of the Committee established pursuant to section
11 shall disclose to the Secretary any financial
interests in or financial relationships with schools,
universities, institutions, or individuals receiving
funds, scholarships or fellowships under this Act;
``(B) to require any employee, contractor, or
member of the Committee with a financial relationship
disclosed under subparagraph (A) to recuse themselves
from--
``(i) any recommendation or decision
regarding the awarding of funds, scholarships,
or fellowships; and
``(ii) any accreditation review, report,
analysis or investigation regarding compliance
with the provisions of this Act by a school,
university, or institution or any individual;
and
``(C) that ensure that membership on the Committee
established by section 11 by representatives of a
school, university, or institution shall not serve as a
bar to the receipt of funding under this Act if the
representatives has taken steps to recuse themselves
from the decision.
``(b) National Center for Science and Technology Education.--
``(1) There is established in the Department of the
Interior, under the supervision of the Secretary, a center to
be known as the National Center for Science and Technology
Education (hereafter in this Act referred to as the `Center')
to administer the provisions of this Act. The position of the
Director shall be allocated from among the existing Senior
Executive Service positions at the Department of the Interior
and shall be a career reserved position as defined in section
3132(a)(8) of title 5, United States Code.
``(2)(A) The Director may appoint a Deputy Director and
employ such officers and employees as may be necessary to
enable the Center to carry out its functions.
``(B) In general, all such appointments shall be made from
existing positions at the Department of the Interior, and shall
be subject to the provisions of title 5, United States Code,
governing appointments in the competitive service and shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
``(C) Whenever it is determined to be in the interest of
the government, the Director may appoint non-status individuals
to professional positions at the Center for term assignments,
not to exceed four years, if--
``(i) such individuals are citizens of the United
States, United States nationals, or resident aliens;
and
``(ii) the individuals hold advanced degrees in
fields of study that will enhance the capacity of the
Center or its additional offices to carry out the
programs funded under this Act.
``(3) In carrying out his or her functions, the Director
shall assist and advise the Secretary and the Committee
established pursuant to this Act by--
``(A) providing professional and administrative
support for the Committee including record keeping and
maintaining minutes of all Committee and subcommittee
meetings;
``(B) coordinating the activities of the Committee
with Federal agencies and departments, and the schools,
universities, and institutions to which funds are
provided under this Act;
``(C) maintaining accurate records of funds
disbursed for all scholarship and fellowship grants,
research grants, and grants for career technical
education purposes;
``(D) preparing any regulations required to
implement this Act;
``(E) conducting site visits at schools,
universities, and institutions receiving funding under
this Act; and
``(F) serving as a central repository for reports
and a clearing house for public information on research
and data funded by this Act.
``(4) The Director or an employee of the Center shall be
present at each meeting of the Committee established pursuant
to section 11, a meeting of a subcommittee of such Committee,
or of a task force established by the Committee.
``(5) The Director is authorized to contract with public or
private agencies, institutions, and organizations and with
individuals without regard to section 3324(a) and (b) of title
31, United States Code, and section 5 of title 41, United
States Code, in carrying out his or her functions.
``(6) As needed the Director shall ascertain whether the
requirements of this Act have been met by schools,
universities, institutions, and individuals.
``(7) If any of the funds received under this Act are found
by the Director to have been improperly diminished, lost, or
misapplied, the Director shall take all necessary steps to
recover such funds.
``(c) National Center Location and Additional Offices.--
``(1) The Center shall be located at a site on or near the
campus of a school, college, or university with a recognized
program, to be determined by the Secretary after consultation
with the Committee and the receipt of public comments.
``(2) The Director, with the advice of the Committee, may
establish additional offices at or near the campuses of school,
colleges, or universities with recognized programs, if such
offices are found to be of assistance in managing the programs
carried out under this Act. In creating additional offices--
``(A) at least on full-time Federal employee must
be stationed at any such office to serve as the
supervisor of the office;
``(B) priority shall given to local graduate and
undergraduate students enrolled in recognized programs
in filling administrative positions in such additional
offices;
``(C) priority shall be given to research faculty
and teaching faculty at recognized programs when
filling scientific, engineering and technical
positions; and
``(D) to encourage a continual flow of new
personnel into the positions at the additional offices
shall be filled on a term basis not to exceed four
years.
``(3) No Federal funds may be utilized to purchase land or
building for the Center or additional offices. However, the
Director, acting through the General Services Administration,
may lease land and buildings for the purpose of housing the
Center or additional offices.
``(d) Data Availability.--
``(1) The Director shall establish the mechanism for public
release of findings and data from research supported under this
Act. Such release may include data, physical collections, and
other supporting materials created or gathered in the course of
the work. Data release policies shall follow the best practices
established by Federal agencies supporting extramural research.
``(2) The Director shall establish policies for the
establishment, maintenance, validation, description, and
distribution of high-quality, data sets, including the
following:
``(A) Data archives must include easily accessible
information about the data holdings, including quality
assessments, supporting ancillary information, and
guidance and aids for locating and obtaining data.
``(B) Data may be made available for secondary use
through submission to a national data center,
publication in a widely available scientific journal,
book or website, through the institutional archives
that are standard for a particular discipline, or
through other Director-specified repositories.
``(C) Data inventories should be published or
entered into a public database periodically and when
there is a significant change in type, location, or
frequency of such observations.
``(D) For those activities in which proprietary or
confidential information is acquired or generated, data
release shall not violate confidentiality agreements.
Those data, samples, or supporting materials that can
be released should be made openly available as soon as
possible, but no later than one year after the
conclusion of the funded project or within 6 months of
a published paper. This period may be extended under
exceptional circumstances, but only by agreement
between the Principal Investigator and the Director.
``(E) Within the proposal review process,
compliance with these data guidelines will be
considered in the overall evaluation of a Principal
Investigator's record of prior support.
``(F) Exceptions to these data guidelines require
agreement between the Principal Investigator and the
Director.
``(3) The Director shall take all necessary steps to ensure
that the data within the database is in a form that is
compatible with the data contained in the database mandated by
section 351 of the Energy Policy Act of 2005.
``(4) In all cases the cost to the public to access the
data shall be no more than the cost to maintain the data in
electronic format.
``SEC. 10. APPLICATIONS FOR FUNDING AND DUTIES OF RECEIVING SCHOOLS AND
INDIVIDUALS.
``(a) Applications for Funding and Duties of Schools Receiving
Funding.--
``(1) Each application to the Secretary for funds under
this Act shall state, among other things--
``(A) the nature of the project to be undertaken
and its relation to other known research projects;
``(B) the period during which it will be pursued;
``(C) the qualifications of the personnel who will
direct and conduct it;
``(D) the estimated costs;
``(E) the extent to which the proposed project will
maximize the opportunity for the training of
undergraduate and graduate chemical, petroleum, mining,
and mineral engineers, geologists, and geophysicists;
and
``(F) the extent of participation by
nongovernmental sources in the project.
``(2) Funds shall only be made available upon the basis of
the merit of the application, and the opportunity the proposal
provides for undergraduate training.
``(3) Funds may be made available for multiple programs
within a single institution but each program must file a
separate application for funding that meets the requirements of
paragraph (1).
``(4) Funds available under this Act shall be paid at such
times and in such amounts during each fiscal year as determined
by the Secretary, and upon vouchers approved by the Secretary.
``(b) Duties of Receiving Schools.--Each school, university, or
institution that receives funds under this Act shall--
``(1) establish policies and procedures that assure that
Federal funds made available under this Act for any fiscal year
will supplement and, to the extent practicable, increase the
level of funds that would, in the absence of such Federal
funds, be made available for purposes of this Act, and in no
case supplant such funds; and
``(2) have an officer appointed by its governing authority
who shall receive and account for all funds paid under this Act
and shall make an annual report to the Secretary on or before
the first day of October of each year, on work accomplished and
the status of projects underway, together with a detailed
statement of the amounts received under this Act during the
preceding fiscal year, and of its disbursements on schedules
prescribed by the Secretary.
``(c) Institutional and Individual Reporting Requirements.--
``(1) On or before the first day of October of each year
beginning after the date of enactment of this Act, schools,
universities, and institutions receiving funds under this Act
shall certify compliance with this Act and upon request of the
Director of the Center provide documentation of such
compliance.
``(2) An individual granted a scholarship or fellowship
with funds provided under this Act shall annually, through
their respective school, university, or institution, advise the
Director of the Center of progress towards completion of the
course of studies and upon the awarding of the degree within 30
days after the award.
``(d) Consortia.--
``(1) Where appropriate, the Secretary may make funds
available to recognized schools under this Act that participate
in consortia performing research that meets the goals of this
Act.
``(2) Consortia as authorized by this Act, may include--
``(A) domestic schools, universities, or
institutions, including those that are otherwise
ineligible for funds under this Act;
``(B) professional societies or foundations that
support or that are supported by professional
societies;
``(C) industry trade associations or individual
companies, either singly or as multiple participants;
``(D) State agencies, including federally
recognized multistate commissions and regional
organizations;
``(E) Federal agencies, if their participation is
authorized by Federal law;
``(F) national laboratories, if their participation
uses funds other than those provided by this Act;
``(G) privately funded, non-governmental
organizations, including charitable trusts, non-profit,
organizations, and professional societies and
associations; and
``(H) individuals with financial assets, including
Federal research grants.
``(3) Participants in a consortia must have instructional
or research skills, programs, facilities, or other significant
assets specifically identified during the application process
as needed for the success of the research being carried out by
the consortia.
``(4) Consortia participants may provide additional funding
for consortia activities, including Federal funds, however any
such Federal funding must be in addition to any funds provide
by this Act and may not be utilized in lieu of funds received
under this Act.
``(5) Approved funding under this Act for consortia shall
be disbursed by the Secretary only to a single point of contact
at a recognized school. With respect to such disbursements--
``(A) the receiving institution shall distribute
funds to the other members of the consortia and shall
serve as the lead institution and the sole point of
contact for all other participants;
``(B) all reports of the consortium required by
this Act shall be filed by the lead institution; and
``(C) with the concurrence of the Committee and the
Secretary, the lead institution may terminate the
participation of any other participant in the
consortium.
``(e) Coordination.--
``(1) Nothing in this Act shall be construed to impair or
modify the legal relationship existing between any of any
school, university, or institution receiving funds under this
Act and the government of the State in which it is located.
Nothing in this Act shall in any way be construed to authorize
Federal control or direction of education at any school,
university, or institution.
``(2) The schools, universities, and institutions receiving
funding under this Act shall make detailed reports to the
Center on projects completed, in progress, or planned with
funds provided under this Act. All such reports shall be
available to the public on not less than an annual basis
through the Center.
``(3) All uses, products, processes, and other developments
resulting from any research, demonstration, or experiment
funded in whole or in part under this Act shall be made
available promptly to the general public, subject to exception
or limitation, if any, as the Secretary may find necessary in
the interest of national security, and subject to the
applicable Federal law governing patents.
``(f) Labs, Physical Plant, Teaching Mines and Drilling Rigs.--
``(1) Funding under this Act may be used for proposals that
will provide for maintaining or upgrading of existing
laboratories and laboratory equipment only with the express
approval of the Secretary. No funding for such maintenance or
up grading may be used for university overhead expenses unless
agreed to in advance by the Secretary.
``(2) Funding made available under this Act may be used for
maintaining and upgrading mines and oil and gas drilling rigs
owned by a school, university, or institution described in this
section that are used for undergraduate and graduate training
and worker safety training. All requests for funding such mines
and oil and gas drilling rigs must demonstrate that they have
been owned by the school, university, or institution for 5
years prior to the date of enactment of SEACOR and have been
actively used for instructional or training purposes during
that time.
``(3) No funds made available under this Act shall be used
to purchase or lease any land or interests therein, or the
rental, purchase, construction, preservation, or repair of any
building.
``SEC. 11. ADVISORY COMMITTEE.
``(a) Advisory Committee Established.--The Secretary shall
establish and appoint a Committee on Science and Technology Education
composed of the following:
``(1) The Assistant Secretary of the Interior responsible
for land and minerals management and 18 other persons who are
knowledgeable in the fields of mining and mineral resources
research, including two university administrators whom shall be
from an institution with a recognized energy or mining school;
a community or technical college administrator; a tribal
college administrator; a career technical education educator;
six representatives equally distributed from the petroleum,
mining, and aggregate industries; a working miner; a working
oil field worker; a representative of the Interstate Oil and
Gas Compact Commission; a representative from the Interstate
Mining Compact Commission; a representative of the State
geologists; and two representatives of the general public. In
making these appointments, the Secretary shall consult with
interested groups.
``(2) The Assistant Secretary for Land and Minerals
Management, in the capacity of the Chairman of the Committee,
may invite the representatives of any Federal agency with
responsibility for energy and minerals resources to Committee
meetings to serve as technical advisors to the committee. The
Assistant Secretary may also invite representatives from the
National Academies and the National Science Foundation to
attend as observers and when appropriate as advisors. Neither
advisors nor observers shall voting responsibilities.
``(3) Committee members shall be appointed for a term of 5
years, except that the regulations under which the Committee
shall operate shall allow for the length of the initial
appointments to be staggered to ensure continuity of
operations. Members appointed to the initial terms that may be
less than five years may be reappointed by the Secretary.
``(b) Duties of the Committee.--
``(1) The Committee shall consult with, and make
recommendations to, the Secretary on all matters relating to
carrying out this Act, including recommending the approval of
funding. The Secretary shall regularly consult with and
carefully consider recommendations of the Committee in such
matters.
``(2) When requested by the Secretary the committee shall
review a program requesting funding that does not have a
nationally recognized accreditation to determine the extent to
which the requesting program meets the program criteria set out
in this Act. Requesting programs shall be given an opportunity
to review and comment on the program reviews carried out the by
Committee.
``(3) Following completion of the report required by
section 385 of the Energy Policy Act of 2005, the Committee
shall consider the recommendations of the report, ongoing
efforts in the schools, universities, and institutions
receiving funding under this Act, the Federal and State
Governments, and the private sector, and after receiving public
comments on possible research directions, shall formulate and
recommend to the Secretary a national plan for a program
utilizing the fiscal resources provided under this Act. The
Committee shall submit such plan to the Secretary for approval.
Upon approval, the plan shall guide the Secretary and the
Committee in their actions under this Act for the subsequent 10
years.
``(4) The Committee shall review the reports work submitted
to the Center pursuant to section 10(e)(2) and seek public
comments on the work being conducted.
``(5) The Committee shall every 10 years review the
research and development goals for this section, taking public
comment and suggest to the Secretary appropriate and promising
avenues for additional research and development goals. If the
Committee determines that previously suggested avenues for
research are no longer providing useful results, they may
recommend that these lines of research be discontinued. In
conducting this review, the Committee shall seek the views of
the National Academies and the National Science Foundation.
``(c) Transmission of Reports.--The Secretary shall without further
review by any other government agency, transmit the reports of the
Committee together with the recommendations to the President of the
Senate and the Speaker of the House of Representatives.
``(d) Organization of the Committee.--
``(1) The Committee shall be chaired by the Assistant
Secretary of the Interior responsible for land and minerals
management.
``(2) The Committee shall also elect a Vice Chairman from
among the members. The Vice Chairman shall perform such duties
as are determined to be appropriate by the committee, except
that the Chairman of the Committee must personally preside at
all meetings of the full Committee.
``(3) The Committee may organize itself into such
subcommittees and teams as the Committee may deem appropriate
by a vote of the members present.
``(4) When the Committee is performing a review under
subsection (d), it may invite participants from the appropriate
disciple or from nationally recognized accreditation
organizations to participate as observers.
``(e) Program Accreditation.--
``(1) To the extent practicable, the committee shall
utilize self-reviews by programs seeking accreditation, which
shall be coupled with a campus visits by an evaluation team
``(2) The evaluation team shall conduct an exit interview
with the appropriate institutional officials, during which time
the team shall provide the preliminary results of the
evaluation. The program being evaluated shall have 14 calendar
days to correct any errors of fact communicated during the exit
interview. The team will draft statement to be provided to the
institution within 90 days of the end the visit. On receipt of
the draft statement, the institution has 30 days to respond to
issues identified in the evaluation. After receiving the
institutional comments the team will prepare a final statement
on the program under review along with a recommendation on
accreditation action to the Committee within 60 days. At the
next scheduled meeting, the Committee shall review the report
and recommendation and advise the Secretary in writing of the
results together with a recommendation for final action by the
Secretary. A decision by the Secretary to grant accreditation
shall be good for 5 years.
``(3) A program will be determined to be a recognized
program under this section, if the committee finds after review
that the program has--
``(A) specific programmatic tracks for the relevant
program for undergraduate or graduate education (or
both) and these programmatic tracks must be readily
identifiably via name and curriculum requirements;
``(B) has a demonstrated record of producing entry
level practitioners and provides the applied skills
necessary for successful careers in the relevant
industry;
``(C) has a demonstrated record of active research
in the relevant applied field; and
``(D) places high priority on the recruitment,
support, retention and graduation of minority
undergraduate and graduate students.
``(4) To qualify as a recognized program, the school or
institution must have at least one tenured or tenure-track
faculty member whose research is focused on the program of
study applied for, and who is recognized by peers as a
specialist in the appropriate applied discipline or holds a
State-based professional registration or certification that
allows the holder to publicly practice the appropriate
discipline. Peer-based-recognition shall be determined
sufficient if the Secretary as advised by the Committee finds
the peer recognition is based on a combination of educational
achievement and work experience in the discipline.
``(5) Certification by a professional society in a
particular discipline will constitute recognition if the
Committee finds and the Secretary concurs that such a
certification by a professional society requires that--
``(A) the individual to have been a practitioner of
the discipline for a specific period of time;
``(B) the individual must be a graduate of
recognized institution with a degree in the appropriate
discipline; and
``(C) the individual must be held to the society's
enforceable code of ethics.
``SEC. 12. PROGRAM SCHOLARSHIPS & FELLOWSHIPS.
``(a) Merit-Based Scholarships.--The Secretary may establish by
rules a program for providing merit-based scholarships for
undergraduate education, graduate fellowships, and postdoctoral
fellowships in the disciplines described sections 4, 5, and 6. All such
scholarships, graduate fellowships, and postdoctoral fellowships shall
be awarded through the institutions receiving funding under this Act.
``(b) Institutional Awards of Scholarships.--
``(1) An institution seeking funds under this subsection
shall describe, in its application to the Secretary for
funding, the number of students that would be awarded
scholarships or fellowships if the application is approved, how
such students would be selected, and how the provisions of this
section will be enforced.
``(2) The Secretary shall award grants for scholarship and
fellowships to schools, universities, and institutions that are
eligible to receive funding under this Act. A school,
university, or institution receiving funding under this
subsection shall be responsible for enforcing the requirements
of this section for scholarship or fellowship students and
shall return to the Secretary any funds recovered from an
individual under subsection (d).
``(c) Qualifications for Scholarships and Fellowships.--In order to
receive a scholarship or a graduate fellowship, an individual student
must be a lawful permanent resident of the United States or a United
States citizen and must agree in writing to complete a course of
studies and receive a degree in chemical, petroleum, mining, or mineral
engineering, petroleum geology, geothermal geology, mining and economic
geology, petroleum and mining geophysics, or mineral economics that is
focused on the exploration, development and production of energy and
mineral resources as set forth in this Act.
``(d) Duties of Scholarship and Fellowship Recipients.--The
regulations required by this Act shall require that an individual, in
order to retain a scholarship or graduate fellowship, must continue in
one of the course of studies listed in subsection (c), must remain in
good academic standing, as determined by the school, institution, or
university, and must allow for reinstatement of the scholarship or
graduate fellowship by the Secretary, upon the recommendation of the
school or institution. Such regulations may also provide for recovery
of funds from an individual who fails to complete any of the courses of
study listed in subsection (c) after notice that such completion is a
requirement of receipt funding under this Act.
``SEC. 13. ANNUAL FUNDING.
``From the amounts transferred to the Secretary under section
225(a)(5)(B) of SEACOR, the Secretary shall annually allocate the
following:
``(1) For research and development under sections 4, 5, and
6, not less than 50 percent nor more than 60 percent of such
amounts, to be divided equally among the three sections.
``(2) For scholarships established by section 7, not less
than 3 percent nor more than 5 percent of such amounts, to be
divided equally between scholarships offered under subsections
(a) and (b).
``(3) For career technical education programs under section
8, not less than 32 percent nor more than 37 percent of such
amounts.
``(4) For scholarships established by section 12, not less
than 5 percent nor more than 8 percent of such amounts.
``SEC. 14. STUDIES.
``(a) Report on Energy and Mineral Policy Leadership in the
Executive Branch.--
``(1) Within 180 days of the date of enactment of SEACOR,
the Secretary of the Interior from existing funds shall provide
funding to the National Academy of Public Administration.
``(2) The National Academy of Public Administration shall--
``(A) use the funds to conduct an analysis and
prepare a report on the State of Energy and Mineral
Policy Leadership within the Executive Branch; and
``(B) upon completion of the report, transmit that
report together with its recommendations to the
President of the Senate and the Speaker of the House of
Representatives.
``(3) In preparing the report, the Academy shall--
``(A) provide a complete description of the
executive branch organization of existing energy and
mineral inventory, assessment, and management agencies
and bureaus, which shall further identify all policy;
``(B) analyze the operation of the existing
executive branch organizations, paying careful the
demographics and sustainability Federal energy and
mineral workforce;
``(C) examine how well executive branch agencies
focus on cross-agency matters related to national
defense, finance and capital formation, taxation, and
workforce, in addition to how well the agencies
inventory, evaluate, and manage to access to energy and
mineral resources;
``(D) examine the placement and utilization of
mineral and energy economic analysis functions within
the executive branch;
``(E) examine the present location of the energy
and mineral information collection functions in the
executive branch;
``(F) examine the impacts of the closure of the
Bureau of Mines on the development and implementation
of executive branch mineral policy;
``(G) examine energy and minerals policy making
organizations in the Federal, provincial, and State
governments of Canada and Australia and any other
countries deemed appropriate by the Academy;
``(H) examine the impacts of centralizing all
energy and mineral functions within the executive
branch, taking into account the resources needed to
operate and manage a centralized organization fully
capable of energy and mineral policy setting, commodity
information gathering, resource inventory activities,
economic assessment and evaluation activities, and the
management of all aspects reasonably related to
granting access to federally owned energy and mineral
resources; and
``(I) advise the Congress of the Academy's
recommendations for improving coordination of executive
branch function including but not limited to
centralizing of functions.''.
SEC. 226. OCS REGIONAL HEADQUARTERS.
Not later than July 1, 2011, the Secretary of the Interior shall
establish the headquarters for the Atlantic OCS Region and the
headquarters for the Pacific OCS Region within a State bordering the
Atlantic OCS Region, and a State bordering the Pacific OCS Region,
respectively, from among the States bordering those Regions that
petitions by no later than January 1, 2011, for leasing, for oil and
gas or natural gas, covering at least 40 percent of the area of their
respective Adjacent Zones within 75 miles of the coastline. Such
Atlantic and Pacific OCS Regions headquarters shall be located within
25 miles of the coastline and each Minerals Management Service OCS
regional headquarters shall be the permanent duty station for all
Minerals Management Service personnel that on a daily basis spend on
average 60 percent or more of their time in performance of duties in
support of the activities of the respective Region, except that the
Minerals Management Service may house regional inspection staff in
other locations. Each OCS Region shall each be led by a Regional
Director who shall be an employee within the Senior Executive Service.
SEC. 227. FREEDOM FUELS ACT.
(a) Short Title.--This section may be cited as the ``Freedom Fuels
Act''.
(b) Purposes.--The purpose of this section is to--
(1) establish a fund to provide funding for the management
of geologic programs, geophysical and other seismic studies,
seismic monitoring programs, and the preservation and use of
geologic and geophysical data, geothermal and geopressure
energy renewable resource management, unconventional energy
resources management, and renewable energy management
associated with ocean wave, tidal, current, and thermal
resources;
(2) make available receipts derived from sales, bonus bids,
royalties, and fees from onshore and offshore gas, minerals,
oil, other sources of funds, and any additional form of energy
exploration and development under the laws of the United States
for the purposes of such fund;
(3) distribute funds from such fund each fiscal year to the
Secretary of the Interior; and
(4) use the distributed funds to manage activities
conducted under this section, and to secure the necessary
trained workforce, contractual services, and other support,
including maintenance and capital investments, to perform the
functions and activities described in paragraph (1).
(c) Definitions.--In this section:
(1) Freedom fuels fund.--The term ``Freedom Fuels Fund''
means the Freedom Fuels Fund established by subsection (d).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(d) Establishment and Use of the Freedom Fuels Fund.--
(1) Freedom fuels fund.--There is established in the
Treasury a separate account to be known as the ``Freedom Fuels
Fund''.
(2) Funding.--The Secretary of the Treasury shall deposit
in the Freedom Fuels Fund--
(A) such sums as are provided by sections
9(b)(5)(A)(v) and 9(b)(5)(B)(v) of the Outer
Continental Shelf Lands Act, as amended by this Act;
(B)(i) during the period of October 1, 2008,
through September 30, 2018, one percent of all sums
paid into the Treasury under section 35 of the Mineral
Leasing Act (30 U.S.C. 191); and
(ii) beginning October 1, 2018, and thereafter, 2.5
percent of all sums paid into the Treasury under
section 35 of the Mineral Leasing Act (30 U.S.C. 191);
(C)(i) during the period of October 1, 2008,
through September 30, 2018, one percent of all sums
paid into the Treasury from receipts derived from bonus
bids, royalties, rentals, and other receipts from other
mineral and energy leasing, rights, easements, and
other permissions to operate on public lands; and
(ii) beginning October 1, 2018, and thereafter, 2.5
percent of all sums paid into the Treasury from
receipts derived from bonus bids, royalties, rentals,
and other receipts from other mineral and energy
leasing, rights, easements, and other permissions to
operate on public lands;
(D) donations to the Fund;
(E) such sums as are provided by section 236 of the
State Enhanced Authority for Coastal and Ocean
Resources Act of 2008; and
(F) such sums as are provided by subsection (u) of
section 8 of the Outer Continental Shelf Lands Act and
section 235 of the State Enhanced Authority for Coastal
and Ocean Resources Act of 2008.
(3) Investments.--The Secretary of the Treasury shall
invest the amounts deposited under paragraph (2), and all
accrued interest thereon, only in interest bearing obligations
of the United States or in obligations guaranteed as to both
principal and interest by the United States.
(4) Donations.--The Secretary of the Interior may solicit
and accept donations of funds for deposit into the Freedom
Fuels Fund. Donors may designate which subsection(s) of this
section that will be funded by their donation, and the
allocation of funds to each.
(5) Availability to the secretary of the interior.--
(A) In general.--Beginning with fiscal year 2009,
and in each fiscal year thereafter, the amounts
deposited into the Freedom Fuels Fund, unless otherwise
specified in this section, together with the interest
thereon, shall be available, without further
appropriation and without fiscal year limitation, to
the Secretary for use for the purposes described in
this section.
(B) Withdrawals and transfer of funds.--The
Secretary of the Treasury shall withdraw such amounts
from the Freedom Fuels Fund as the Secretary of the
Interior may request and transfer such amounts to the
Secretary of the Interior to be used, at the discretion
of the Secretary of the Interior, by the Minerals
Management Service, the Bureau of Land Management, the
United States Geological Survey, and others as the
Secretary may designate, for the purposes described in
this section. No funds distributed from the Freedom
Fuels Fund may be used to purchase an interest in land.
(e) Freedom Fuels Strategic Unconventional Resources Program.--
(1) Program.--The Secretary shall establish a program for
production of liquid fuels from strategic unconventional
resources, and production of oil and gas resources using
advanced CO<INF>2</INF> enhanced recovery. The program shall
focus initially on activities and domestic resources most
likely to result in significant production in the near future,
and shall include work necessary to improve extraction
techniques, including surface and in situ operations. The
program shall include characterization and assessment of
potential resources, a sampling program, appropriate laboratory
and other analyses and testing, and assessment of methods for
exploration and development of these strategic unconventional
resources. Not less than 20 percent of the funds shall be used
for advanced CO<INF>2</INF> enhanced recovery technology
activities.
(2) Pilot projects.--The program created in paragraph (1)
shall include, but not be limited to, pilot projects for--
(A) Texas and New Mexico,
(B) Oklahoma, Arkansas, and Louisiana,
(C) Colorado, Utah, and Wyoming,
(D) Alabama, Mississippi, and Tennessee,
(E) Kentucky, West Virginia, Pennsylvania, New
York, and Ohio,
(F) Indiana, Illinois, Michigan, Wisconsin, and
Minnesota,
(G) California, Arizona, and Nevada,
(H) Alaska,
(I) Oregon, Washington, Idaho, and Montana,
(J) North Dakota, South Dakota, Kansas, Missouri,
and Nebraska,
(K) Connecticut, Rhode Island, Massachusetts, New
Hampshire, Vermont, Maine, and New Jersey, and
(L) Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia, Florida, Puerto Rico, and the
remaining commonwealths and territories.
For purposes of this subsection, the term ``State'' shall
include the State and its OCS Adjacent Zone, if any. The
Secretary shall provide grants to consortia of Federal energy
laboratories, universities, States, and private persons, in
coordination with designated bureaus of the Department of the
Interior, to implement the pilot projects under this
subsection.
(3) Definitions.--In this subsection:
(A) Strategic unconventional resources.--The term
``strategic unconventional resources'' means
hydrocarbon resources, including heavy oil, oil shale,
tar sands, and coal deposits, Alaska natural gas, gas
hydrates, other unconventional natural gas, and
stranded oil in declining reservoirs, from all of which
liquid fuels may be produced.
(B) In situ extraction methods.--The term ``in situ
extraction methods'' means recovery techniques that are
applied to the resources while they are still in the
ground, and are in commercial use or advanced stages of
development. Such techniques include, but are not
limited to, steam flooding, steam-assisted gravity
drainage (including combination with electric power
generation where appropriate), cyclic steam
stimulation, air injection, CO<INF>2</INF> flooding,
and chemical treatment.
(4) Funding.--The Secretary shall carry out the program for
the production of strategic unconventional fuels with funds
from the Freedom Fuels Fund in each of fiscal years 2009
through 2018, and each fiscal year thereafter in the discretion
of the Secretary, in the amount of not less than $100,000,000
per year. Each pilot project shall be allocated not less than
$4,000,000 nor more than $12,000,000 per year in each of fiscal
years 2009 through 2018. The Secretary shall determine the
amount to be allocated to each pilot project based on (A) the
relative strategic unconventional resources potential in the
pilot project area, and (B) the perceived ability of the pilot
project to move the greater amount of those resources to
production within the shortest period of time. Not less than 60
percent of the funds allocated to each pilot project shall be
provided to universities that are members of the consortia for
the pilot project, and not less than 20 percent of the funds
for each pilot project shall be provided to Federal energy
laboratories. The Secretary shall encourage the consortia to
seek donations and State funding in support of their
activities.
(5) Report to congress.--Not later than 2 years after
enactment of this Act, the Secretary shall identify and report
to Congress on feasible incentives to foster recovery of
unconventional fuels by private industry within the United
States. Such incentives may include, but are not limited to,
long-term contracts for the purchase of unconventional fuels
for defense or civilian purposes (or both), Federal grants and
loan guarantees for necessary capital expenditures, and
favorable terms for the leasing of Government lands containing
unconventional resources.
(f) Support of Geothermal and Geopressure Oil and Gas Energy
Production.--
(1) In general.--The Secretary shall carry out a grant
program in support of geothermal and geopressure oil and gas
energy production. The program shall include grants for a total
of not less than nine assessments of the use of innovative
geothermal techniques such as organic Rankine cycle systems at
marginal, unproductive, and productive oil and gas wells, and
not less than three assessments of the use of innovative
geopressure techniques. The Secretary shall, to the extent
practicable and in the public interest, make awards that--
(A) include not less than five oil or gas well
sites per project award;
(B) use a range of oil or gas well hot water source
temperatures from 150 degrees Fahrenheit to 300 degrees
Fahrenheit;
(C) use existing or new oil or gas wells;
(D) cover a range of sizes from 175 kilowatts to
one megawatt;
(E) are located at a range of sites including
tribal lands, Federal lease, State, or privately owned
sites;
(F) can be replicated at a wide range of sites;
(G) facilitate identification of optimum techniques
among competing alternatives;
(H) include business commercialization plans that
have the potential for production of equipment at high
volumes and operation and support at a large number of
sites; and
(I) satisfy other criteria that the Secretary
determines are necessary to carry out the program.
The Secretary shall give preference to assessments that address
multiple elements contained in subparagraphs (A) through (I).
(2) Grant awards.--Each grant award for assessment of
innovative geothermal or geopressure technology such as organic
Rankine cycle systems at oil and gas wells made by the
Secretary under this section shall include--
(A) necessary and appropriate site engineering
study;
(B) detailed economic assessment of site specific
conditions;
(C) appropriate feasibility studies to determine
ability for replication;
(D) design or adaptation of existing technology for
site specific circumstances or conditions;
(E) installation of equipment, service, and
support; and
(F) monitoring for a minimum of one year after
commissioning date.
(3) Competitive grant selection.--Not less than 180 days
after the date of the enactment of this Act, the Secretary
shall conduct a national solicitation for applications for
grants under the program. Grant recipients shall be selected on
a competitive basis based on criteria in subsection (b).
(4) Federal share.--The Federal share of costs of grants
under this subsection shall be provided from funds made
available to carry out this section. The Federal share of the
cost of a project carried out with such a grant shall not
exceed 50 percent of such cost.
(5) Funding.--The Secretary shall carry out the grant
program under this subsection with funds from the Freedom Fuels
Fund in each of fiscal years 2009 through 2018, and in each
fiscal year thereafter in the discretion of the Secretary, in
the amount of not less than $10,000,000 each fiscal year. No
funds authorized under this section may be used for the
purposes of drilling new wells.
(6) Amendment.--Section 4 of the Geothermal Steam Act of
1970 (30 U.S.C. 1003) is amended by adding at the end the
following:
``(h) Geothermal and Geopressure Resources Co-Produced With the
Minerals.--Any person who holds a lease or who operates a cooperative
or unit plan under the Mineral Leasing Act or the Outer Continental
Shelf Lands Act, in the absence of an existing lease for geothermal
resources under either of those Acts, shall upon notice to the
Secretary have the right to utilize any geothermal or geopressure
resources co-produced with the minerals for which the lease was issued
during the operation of that lease or cooperative or unit plan, for the
generating of electricity to operate the lease. Any electricity that is
produced in excess of that which is required to operate the lease and
that is sold for purposes outside of the boundary of the lease shall be
subject to the requirements of section 5. The lessee may continue the
lease, without further payment except royalties, for the sole purpose
of the production of geothermal or geopressure resources (or both)
after the other minerals have ceased production in paying
quantities.''.
(g) Freedom Fuels FEED Grant Program.--
(1) Feed grant program.--The Secretary of the Interior
shall establish a grant program for FEED grants for projects
for coal-to-liquids, petroleum coke-to-liquids, oil shale, tar
sands, and Alaska natural gas-to-liquids and the production of
low-rank coal water fuel (in this subsection referred to as
``LRCWF'').
(2) Definitions.--In this subsection:
(A) Front-end engineering and design.--The terms
``front-end engineering and design'' and ``FEED'' mean
those expenditures necessary to engineer, design, and
obtain permits for a facility for a particular
geographic location that will utilize a process or
technique to produce liquid fuels from coal, petroleum
coke, oil shale, tar sands, and Alaska natural gas
resources.
(B) Low-rank coal water fuel.--The term ``low-rank
coal water fuel'' means a liquid fuel produced from
hydrothermal treatment of lignite and sub-bituminous
coals.
(3) Grant provisions.--All grants shall require a 50
percent non-Federal cost share. The first 4 FEED grant
recipients who receive full project construction financing
commitments, based on earliest calendar date, shall not be
required to repay any of their grants. The next 4 FEED grant
recipients who receive such commitments shall be required to
repay 25 percent of the grant. The next 4 FEED grant recipients
who receive such commitments shall be required to repay 50
percent of the grant, and the remaining FEED grant recipients
shall be required to repay 75 percent of the grant. Any
required repayment shall be paid as part of the closing process
for any construction financing relating to the grant. No
repayment shall require the payment of interest if repaid
within 5 years of the issuance of the grant. FEED grants shall
be limited to a maximum of $1,000,000 per 1,000 barrels per day
of liquid fuels production capacity, not to exceed $20 million
each. The Secretary shall fund at least 4 FEED grants for each
of coal-to-liquids and oil shale; and at least 2 FEED grants
for each of tar sands, petroleum coke-to-liquids, Alaska
natural gas-to-liquids, and LRCWF.
(4) Funding.--The Secretary shall implement the grant
program established by this subsection with such funds as shall
be needed from the Freedom Fuels Fund.
(h) Renewable Energy From Ocean Wave, Tide, Current, and Thermal
Resources.--
(1) Program.--The Secretary of the Interior shall establish
a grant program for the production of renewable energy from
ocean waves, tides, currents, and thermal resources.
(2) Grant provisions.--All grants under this subsection
shall require a 50 percent non-Federal cost share.
(3) Funding.--The Secretary shall carry out this grant
program with funds from the Freedom Fuels Fund for each of
fiscal years 2009 through 2018, and in each fiscal year
thereafter in the discretion of the Secretary, in the amount of
$50,000,000 each fiscal year.
(i) Amendment to the Surface Mining Control and Reclamation Act of
1977.--Section 507 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1257) is amended by adding at the end the following:
``(i) Any person who provides the regulatory authority with a map
under subsection (b)(13) or (b)(14) shall not be liable to any other
person in any way for the accuracy or completeness of any such map
which was not prepared and certified by or on behalf of such person.''.
(j) Support of Geothermal and Geopressure Energy Production.--
(1) In general.--The Secretary shall carry out a grant
program in support of geothermal and geopressure energy
production. The program shall include grants for a total of not
less than nine assessments of the use of innovative geothermal
techniques such as organic Rankine cycle systems at marginal,
unproductive, and productive oil and gas wells, and not less
than three assessments of the use of innovative geopressure
techniques. The Secretary shall, to the extent practicable and
in the public interest, make awards that--
(A) use a range of hot water source temperatures
from 150 degrees Fahrenheit to 300 degrees Fahrenheit;
(B) cover a range of sizes from 175 kilowatts to
one megawatt;
(C) are located at a range of sites including
tribal lands, Federal lease, State, or privately owned
sites;
(D) can be replicated at a wide range of sites;
(E) facilitate identification of optimum techniques
among competing alternatives;
(F) include business commercialization plans that
have the potential for production of equipment at high
volumes and operation and support at a large number of
sites; and
(G) satisfy other criteria that the Secretary
determines are necessary to carry out the program.
The Secretary shall give preference to assessments that address
multiple elements contained in subparagraphs (A) through (G).
(2) Grant awards.--Each grant award for assessment of
innovative geothermal or geopressure technology such as organic
Rankine cycle systems made by the Secretary under this section
shall include--
(A) necessary and appropriate site engineering
study;
(B) detailed economic assessment of site specific
conditions;
(C) appropriate feasibility studies to determine
ability for replication;
(D) design or adaptation of existing technology for
site specific circumstances or conditions;
(E) installation of equipment, service, and
support; and
(F) monitoring for a minimum of one year after
commissioning date.
(3) Competitive grant selection.--Not less than 180 days
after the date of the enactment of this Act, the Secretary
shall conduct a national solicitation for applications for
grants under the program. Grant recipients shall be selected on
a competitive basis based on criteria in subsection (b).
(4) Federal share.--The Federal share of costs of grants
under this subsection shall be provided from funds made
available to carry out this section. The Federal share of the
cost of a project carried out with such a grant shall not
exceed 50 percent of such cost.
(5) Funding.--The Secretary shall carry out the grant
program under this subsection with funds from the Freedom Fuels
Fund in each of fiscal years 2009 through 2018, and in each
fiscal year thereafter in the discretion of the Secretary, in
the amount of not less than $50,000,000 each fiscal year.
(k) Renewable Energy From Wind and Solar Resources.--
(1) Program.--The Secretary of the Interior shall establish
a grant program for the production of renewable energy from
wind and solar resources.
(2) Grant provisions.--All grants under this subsection
shall require a 50 percent non-Federal cost share.
(3) Funding.--The Secretary shall carry out this grant
program with funds from the Freedom Fuels Fund for each of
fiscal years 2009 through 2018, and in each fiscal year
thereafter in the discretion of the Secretary, in the amount of
$50,000,000 each fiscal year.
(l) Renewable Energy From Hydropower Resources.--
(1) Program.--The Secretary of the Interior shall establish
a grant program for the production of hydroelectric power from
low-head hydropower on canals and small streams and the
installation of power facilities in currently nonpowered dams.
(2) Grant provisions.--All grants under this subsection
shall require a 50 percent non-Federal cost share.
(3) Funding.--The Secretary shall carry out this grant
program with funds from the Freedom Fuels Fund for each of
fiscal years 2009 through 2018, and in each fiscal year
thereafter in the discretion of the Secretary, in the amount of
$50,000,000 each fiscal year.
(m) Renewable Energy From Biomass.--
(1) Program.--The Secretary of the Interior shall establish
a grant program for the production of energy, including power,
natural gas, and liquid fuels, from biomass.
(2) Grant provisions.--All grants under this subsection
shall require a 50 percent non-Federal cost share.
(3) Funding.--The Secretary shall carry out this grant
program with funds from the Freedom Fuels Fund for each of
fiscal years 2009 through 2018, and in each fiscal year
thereafter in the discretion of the Secretary, in the amount of
$50,000,000 each fiscal year.
(n) Renewable Energy From Cellulose and Depolymerization.--
(1) Program.--The Secretary of the Interior shall establish
a grant program for the production of liquid fuels from
cellulose and depolymerization.
(2) Grant provisions.--All grants under this subsection
shall require a 50 percent non-Federal cost share.
(3) Funding.--The Secretary shall carry out this grant
program with funds from the Freedom Fuels Fund for each of
fiscal years 2009 through 2018, and in each fiscal year
thereafter in the discretion of the Secretary, in the amount of
$50,000,000 each fiscal year.
(o) Conversion Grants for Motor Vehicles.--
(1) Program.--The Secretary shall establish a grant program
for the voluntary conversion of gasoline-powered motor vehicles
to either natural gas or gasoline-electric hybrid vehicles.
(2) Grant provisions.--Each grant under this subsection
shall be limited to the lesser of $1,250 per vehicle, or 50
percent of the cost of the conversion.
(3) Eligible motor vehicles.--A grant under this subsection
may not be used to convert a motor vehicle unless the
Administrator of the Environmental Protection Agency has
determined under chapter 329 of title 49, United States Code,
that the average fuel economy for that model of motor vehicle
in city driving is 16 miles per gallon or less.
(4) Funding.--The Secretary shall carry out this grant
program with funds from the Freedom Fuels Fund for each of
fiscal years 2009 through 2018, and each fiscal year thereafter
in the discretion of the Secretary, in the amount of
$375,000,000 each fiscal year.
SEC. 228. COASTAL IMPACT ASSISTANCE.
Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C.
1356a) is repealed. Existing grants issued under section 31 shall no
longer be subject to oversight by the Federal Government, and shall not
be subject to audit by it.
SEC. 229. OIL SHALE AND TAR SANDS AMENDMENTS.
(a) Royalty Rates for Leases.--Section 369(o) of the Energy Policy
Act of 2005 (Public Law 109-58; 119 Stat. 728; 42 U.S.C. 15927) is
amended by redesignating paragraphs (1) and (2) as subparagraphs (A)
and (B), respectively, by designating the existing language as
paragraph (1), and by adding at the end the following a new paragraph:
``(2) Default provisions.--In the absence of the issuance
of regulations or other designation by the Secretary, the
following shall be the royalties, fees, rentals, bonus
provisions, and other payments for research, development, and
demonstration leases, and commercial leases, issued under the
authority of this section:
``(A) Royalty rates for commercial leases.--The
royalty rate for commercial leases shall be 6 percent
of the value of production at the first sale.
``(B) Royalty rates for research, development, and
demonstration leases.--The royalty rate for research,
development, and demonstration leases that have been
converted to full-sized leases, which shall be the same
size as commercial leases, shall be 5 percent of the
value of production at the first sale.
``(C) Other provisions.--Commercial tracts shall be
leased to the highest bidder based on sealed bids. The
provisions for deposits, rentals, fees, and other
matters shall be the same for commercial oil shale and
tar sands leases as for oil and gas leases under the
Mineral Leasing Act.''.
(b) Treatment of Receipts.--Section 21 of the Mineral Leasing Act
(30 U.S.C. 241) is amended by adding at the end the following:
``(f) Receipts.--
``(1) In general.--Notwithstanding the provisions of
section 35, all funds received from and under an oil shale or
tar sands lease shall be disposed of as provided in this
subsection.
``(2) Disposition of receipts.--
``(A) Deposit.--The Secretary shall deposit into a
separate account in the Treasury all receipts derived
from any oil shale or tar sands lease.
``(B) Allocations to states and local political
subdivisions.--The Secretary shall allocate 50 percent
of the receipts deposited into the account established
under subparagraph (A) to the State within the
boundaries of which the leased lands are located, with
a portion of that to be paid directly by the Secretary
to the State's local political subdivisions as provided
in this paragraph.
``(C) Transmission of allocations.--
``(i) In general.--Not later than the last
business day of the month after the month in
which the revenues were received, the Secretary
shall transmit--
``(I) to each State two-thirds of
such State's allocations under
subparagraph (B), and in accordance
with clauses (ii) and (iii) to certain
county-equivalent and municipal
political subdivisions of such State a
total of one-third of such State's
allocations under subparagraph (B),
together with all accrued interest
thereon; and
``(II) to the miscellaneous
receipts account in the Treasury the
remaining balance of such receipts
deposited into the account that are not
allocated under subparagraph (B),
together with interest thereon, except
that until a lease has been in
production for 20 years 20 percent of
such remaining balance derived from a
lease shall be paid in accordance with
subclause (I).
``(ii) Allocations to certain county-
equivalent political subdivisions.--The
Secretary shall under clause (i)(I) make
equitable allocations of the receipts to
county-equivalent political subdivisions that
the Secretary determines are closely associated
with the leasing and production of oil shale
and tar sands, under a formula that the
Secretary shall determine by regulation.
``(iii) Allocations to municipal political
subdivisions.--The initial allocation to each
county-equivalent political subdivision under
clause (ii) shall be further allocated to the
county-equivalent political subdivision and any
municipal political subdivisions located
partially or wholly within the boundaries of
the county-equivalent political subdivision on
an equitable basis under a formula that the
Secretary shall determine by regulation.
``(D) Investment of deposits.--The deposits in the
Treasury account established under subparagraph (A)
shall be invested by the Secretary of the Treasury in
securities backed by the full faith and credit of the
United States having maturities suitable to the needs
of the account and yielding the highest reasonably
available interest rates as determined by the Secretary
of the Treasury.
``(E) Use of funds.--A recipient of funds under
this subsection may use the funds for any lawful
purpose as determined by State law. Funds allocated
under this subsection to States and local political
subdivisions may be used as matching funds for other
Federal programs without limitation. Funds allocated to
local political subdivisions under this subsection may
not be used in calculation of payments to such local
political subdivisions under programs for payments in
lieu of taxes or other similar programs.
``(F) No accounting required.--No recipient of
funds under this subsection shall be required to
account to the Federal Government for the expenditure
of such funds, except as otherwise may be required by
law.
``(3) Definitions.--In this subsection:
``(A) County-equivalent political subdivision.--The
term `county-equivalent political subdivision' means a
political jurisdiction immediately below the level of
State government, including a county, parish, borough
in Alaska, independent municipality not part of a
county, parish, or borough in Alaska, or other
equivalent subdivision of a State.
``(B) Municipal political subdivision.--The term
`municipal political subdivision' means a municipality
located within and part of a county, parish, borough in
Alaska, or other equivalent subdivision of a State.''.
(c) Interagency Coordination and Expeditious Review of Permitting
Process.--
(1) Department of the interior as lead agency.--Upon
written request of a prospective applicant for Federal
authorization to develop a proposed oil shale or tar sands
project, the Department of the Interior shall act as the lead
Federal agency for the purposes of coordinating all applicable
Federal authorizations and environmental reviews. To the
maximum extent practicable under applicable Federal law, the
Secretary of the Interior shall coordinate this Federal
authorization and review process with any Indian tribes and
State and local agencies responsible for conducting any
separate permitting and environmental reviews.
(2) Schedule.--The Secretary of the Interior, in
coordination with the agencies with authority over Federal
authorizations and, as appropriate, with Indian tribes and
State and local agencies that are willing to coordinate their
separate permitting and environmental reviews with the Federal
authorizations and environmental reviews, shall establish a
schedule with prompt and binding intermediate and ultimate
deadlines, not to exceed 18 months from the date of the written
request, for the review of, and Federal authorization decisions
relating to, oil shale or tar sands project development and
operation.
(3) Consolidated environmental review.--If the Secretary of
the Interior determines that two or more environmental impact
statements are required, the Secretary shall consolidate all or
some of such statements in order to promote efficiency and
timeliness in the permitting process to the extent practicable.
The Secretary may consolidate the environmental reviews of any
Federal agency considering any aspect of the proposed oil shale
or tar sands project including ancillary surface processing
facilities, electric generation or transmission facilities, and
other related facilities.
(4) Appeals.--In the event any agency has denied a Federal
authorization required for an oil shale or tar sands project,
or has failed to act by a deadline established by the Secretary
pursuant to paragraph (2) for deciding whether to issue the
Federal authorization, the applicant or any State in which the
proposed oil shale or tar sands project would be located may
file an appeal with the Secretary. In consultation with the
affected agency, the Secretary may then either issue the
necessary Federal authorization with appropriate conditions, or
deny the appeal. The Secretary shall issue a decision within 60
days after the filing of the appeal.
(5) Conforming regulations.--Not later than 6 months after
the date of enactment of this Act, the Secretary shall issue
any regulations necessary to implement this subtitle.
(d) Oil Shale and Tar Sands Land Exchanges.--Section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) is
amended by adding at the end the following new subsection:
``(j) Oil Shale and Tar Sands Land Exchanges.--For the purpose of
promoting the economic recovery of oil shale and tar sands resources,
the Secretary of the Interior shall identify and pursue to completion
exchange and disposition of non-park, non-wilderness Federal lands,
including lands having a non-Federal surface owner, containing deposits
of oil shale or tar sands (or both). The Secretary shall identify
blocks of land containing oil shale or tar sands (or both) deposits for
the purpose of maximizing consolidation of land ownership, and mineral
interests, into manageable blocks within the following geologic basins
located in Colorado, Utah, and Wyoming: Green River, Piceance Creek,
Uinta, and Washakie. The Secretary shall consider the geology of the
basin when determining the size of manageable blocks. The Secretary
shall conduct exchanges that are favorable to and in the overall best
interest of the United States.''.
(e) Procurement of Unconventional Fuels.--
(1) Section 2922d of title 10, United States Code, is
amended in subsection (d) by striking ``1 or more'' and
inserting ``up to 25''.
(2) Section 526 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17142) is repealed.
SEC. 230. BUY AND BUILD AMERICAN.
(a) Buy and Build American.--It is the intention of the Congress
that this Act, among other things, results in a healthy and growing
American industrial, manufacturing, transportation, and service sector
employing the vast talents of America's workforce to assist in the
development of affordable energy from the Outer Continental Shelf.
Moreover, the Congress intends to monitor the deployment of personnel
and material in the Outer Continental Shelf to encourage the
development of American technology and manufacturing to enable United
States workers to benefit from this Act by good jobs and careers, as
well as the establishment of important industrial facilities to support
expanded access to American resources.
(b) Safeguard for Extraordinary Ability.--Section 30(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the
matter preceding paragraph (1) by striking ``regulations which'' and
inserting ``regulations that shall be supplemental and complimentary
with and under no circumstances a substitution for the provisions of
the Constitution and laws of the United States extended to the subsoil
and seabed of the outer Continental Shelf pursuant to section 4(a)(1)
of this Act, except insofar as such laws would otherwise apply to
individuals who have extraordinary ability in the sciences, arts,
education, or business, which has been demonstrated by sustained
national or international acclaim, and that''.
SEC. 231. REPEAL OF THE GULF OF MEXICO ENERGY SECURITY ACT OF 2006.
The Gulf of Mexico Energy Security Act of 2006 (title I of division
C of Public Law 109-432) is repealed effective October 1, 2008, except
the Secretary of the Interior shall make any payments to State and
local governments based on fiscal year 2008 receipts under that Act.
SEC. 232. ROYALTY-IN-KIND.
Section 27 of the Outer Continental Shelf Lands Act (43 U.S.C.
1353) is amended as follows:
(1) By striking paragraph (3) of subsection (a) and
inserting the following:
``(3) Title to any royalty or net profit share oil or gas
from leases issued under this Act or the Mineral Leasing Act
may not be transferred by the Secretary to another Federal
Government agency except by sale for cash at fair market value.
If not purchased by another Federal Government agency, such oil
and gas must be sold under subsections (b), (c), or (d).
Proceeds from sales under this section shall be treated as
offsetting receipts and shall be subject to any receipts
sharing provisions applicable to the leases from which the in-
kind royalty or net profit share production was produced in the
same manner as if it had been paid in value. After payment of
such shared receipts, the Secretary shall deposit the remainder
of the receipts from sales into the Treasury of the United
States and they shall be credited to miscellaneous receipts.''.
(2) In the first sentence of subsection (d) by striking
``transferred'' and inserting ``sold''.
SEC. 233. MANDATORY ISSUANCE OF REGULATIONS PROMOTING PRODUCTION OF
NATURAL GAS FROM GAS HYDRATES.
(a) In General.--Section 353 of the Energy Policy Act of 2005 (42
U.S.C. 15909) is amended as follows:
(1) In subsection (b)(1) by striking ``may'' and inserting
``shall''.
(2) In subsection (b)(3) in the first sentence by striking
``if the Secretary determines that such royalty relief would
encourage production''.
(3) By striking subsection (b)(4).
(b) Regulations.--The Secretary shall issue the final regulations
under such section not later than 180 days after the date of enactment
of this Act.
SEC. 234. MANDATORY ISSUANCE OF REGULATIONS PROMOTING ENHANCED OIL AND
NATURAL GAS PRODUCTION THROUGH CARBON DIOXIDE INJECTION.
(a) In General.--Subsection (b)(1) of section 354 of the Energy
Policy Act of 2005 (42 U.S.C. 15910) is amended to read as follows:
``(1) In general.--The Secretary shall undertake a
rulemaking to provide for reduction of the royalty under a
Federal oil and gas lease that is an eligible lease.''.
(b) Regulations.--The Secretary shall issue the final regulations
under such section not later than 180 days after the date of enactment
of this Act.
SEC. 235. CONSERVATION OF RESOURCES FEE FOR FUTURE ONSHORE NONPRODUCING
OIL AND GAS LEASES.
The Secretary of the Interior shall establish a conservation of
resources fee for nonproducing leases that will apply to all oil and
gas, oil shale, tar sands, and coal leases issued under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) and the Mineral Leasing Act for
Acquired Lands (30 U.S.C. 351 et seq.) after the date of enactment of
this Act. This fee shall be set at $1.00 per acre per year for the
first year of the lease and shall increase by $1 per acre per year each
year until the fee reaches $5. The fee shall be paid annually until the
lease enters production in paying quantities. This fee shall be treated
as offsetting receipts. The sums generated by this fee shall not be
subject to any law providing for mandatory receipts sharing with States
and shall be transferred by the Secretary of the Interior to the
Treasury with one-third allocated to the account established by section
217, one-third allocated to the account established by section 225, and
one-third allocated to the account established by section 227.
SEC. 236. OUTER CONTINENTAL SHELF CONSERVATION OF LIVING AND NONLIVING
RESOURCES FEE ON LIQUID FUELS.
Not later than 180 days after enactment of this Act, in order to
fulfill his or her responsibilities for conservation of the living and
nonliving resources of the outer Continental Shelf, for oil spill
prevention and response, and for mitigation of any impacts on air and
water resources by spills, trash, discharges, and other acts, the
Secretary of the Interior shall establish by regulation a conservation
of resources fee to be collected by the Secretary of the Treasury on
all liquid fuels, including but not limited to crude oil, liquefied
natural gas, petroleum products, and other liquid fuels, offloaded in
the United States that originated from a location outside of the United
States, its Exclusive Economic Zone, or its outer Continental Shelf.
This fee shall be set at $0.40 per barrel of oil equivalent and shall
be treated as offsetting receipts. The Secretary of the Treasury shall
collect the fee from the importer and deposit into the Freedom Fuels
Fund established in the Treasury under section 227 of this Act such
sums as the Secretary of the Interior determines is necessary to fully
fund the programs, projects, and activities funded by the Freedom Fuels
Fund, and the Secretary of the Treasury shall deposit the balance into
the miscellaneous receipts account in the Treasury.
SEC. 237. OUTER CONTINENTAL SHELF DISCHARGES AND EMISSIONS.
The Secretary of the Interior shall require that all operations
related to oil and gas exploration, development, and production on the
outer Continental Shelf utilize the best available and safest
technology to minimize air emissions and discharges into the water,
including but not limited to drilling muds and fluids, unless the
Minerals Management Service Regional Supervisor determines that the
interests of safety require such discharges or emissions.
SEC. 238. OCS JOINT PERMITTING OFFICES.
(a) Establishment.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish Federal OCS Joint
Regional Permitting Offices (referred to in this section as the
``Regional Permitting Offices'').
(b) Memorandum of Understanding.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section with--
(1) the Secretary of Commerce;
(2) the Administrator of the Environmental Protection
Agency; and
(3) the Chief of Engineers.
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date of
the signing of the memorandum of understanding under subsection
(b), all Federal signatory parties shall assign to each of the
Regional Permitting Offices identified in subsection (d) a
sufficient number of employees with expertise to address the
full spectrum of agency regulatory issues relating to the
Regional Permitting Office in which the employee is employed,
including, as applicable, particular expertise in--
(A) the consultations and the preparation of
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) the consultations and preparation of documents
under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.); and
(E) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of
assignment, report to the Minerals Management Service
Regional Director in the Regional Permitting Office to
which the employee is assigned;
(B) be responsible for all issues relating to the
jurisdiction of the home office or agency of the
employee; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses.
(d) Regional Permitting Offices.--The following Minerals Management
Service Regional Headquarters shall serve as the Regional Permitting
Offices:
(1) Anchorage, Alaska.
(2) New Orleans, Louisiana.
(3) MMS Pacific Regional Headquarters.
(4) MMS Atlantic Regional Headquarters.
(e) Reports.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that outlines
the results of the Regional Permitting Offices to date.
(f) Transfer of Funds.--For the purposes of coordination and
processing of oil and gas use authorizations on the Federal outer
Continental Shelf under the administration of the Regional Permitting
Offices identified in subsection (d), the Secretary may authorize the
expenditure or transfer of such funds as are necessary, from the Funds
established by sections 217 and 227 of this Act and from any other
funds available to the Secretary, to--
(1) the United States Fish and Wildlife Service;
(2) the Bureau of Indian Affairs;
(3) the Environmental Protection Agency;
(4) the National Oceanic and Atmospheric Administration;
(5) the Corps of Engineers;
(6) the National Park Service; and
(7) the United States Geological Survey.
SEC. 239. APPLICATION OF SECTION 307 OF THE COASTAL ZONE MANAGEMENT ACT
OF 1972.
(a) Certain Actions Exempt From Consistency Review.--Section 307 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1456) shall not
apply to the following:
(1) The following actions conducted under the authority of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
as amended by this Act:
(A) Approval of the OCS 5-Year Oil and Gas Leasing
Program.
(B) Rulemakings.
(C) Granting or directing of lease suspensions.
(D) Issuance of permits to conduct seismic
activities.
(E) Permission to conduct activities preliminary to
exploration drilling.
(F) Unitization decisions.
(2) Approval of oil spill response plans under the Oil
Pollution Act of 1990.
(b) Application of Consistency To Lease Sales and Other
Conveyances.--Only the Adjacent State, as defined in section 2(r) of
the Outer Continental Shelf Lands Act, as amended by this Act, may
assert the right for a consistency review under section 307 of the
Coastal Zone Management Act of 1972 for lease sales, granting of
rights-of-way, or other permissions to use and occupy the outer
Continental Shelf for tracts wholly within 75 statute miles of the
coastline under the authority of the Outer Continental Shelf Lands Act.
No State may assert the right for a consistency review for these same
activities on tracts partially or wholly beyond 75 miles from the
coastline.
(c) Application of Consistency to Exploration Plans.--Section 307
of the Coastal Zone Management Act of 1972 shall only apply to actions
on exploration plans under the authority of section 11 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1340), and all other Federal
permits necessary for their implementation, for leased tracts, or units
if unitized, wholly within 35 miles of the coastline. Further,
consistency review only applies to the first exploration plan per lease
tract, or unit if unitized, and only the Adjacent State may review an
exploration plan for consistency.
(d) Application of Consistency to Development and Production
Plans.--Section 307 of the Coastal Zone Management Act of 1972 shall
only apply to actions on development and production plans under the
authority of section 25 of the Outer Continental Shelf Lands Act (43
U.S.C. 1351), and all other Federal permits necessary for their
implementation, as follows:
(1) For leased tracts, or units if unitized, wholly within
75 miles of the coastline.--For leased tracts, or units if
unitized, wholly within 75 miles of the coastline, only the
Adjacent State and the State into which the oil or natural gas
(or both) will be transported may review the development and
production plan for consistency. The Adjacent State may review
the consistency of the entire project, and the State receiving
the oil or natural gas (or both) may only review the
transportation aspects of the project outside of the leased
tract, or unit if unitized.
(2) For leased tracts, or units if unitized, partially or
wholly beyond 75 miles of the coastline.--Development and
production plans for leased tracts, or units if unitized,
partially or wholly beyond 75 miles of the coastline are not
subject to consistency review except by the State into which
the oil or natural gas (or both) will be transported. That
State may only review the transportation aspects of the project
outside of the leased tract, or unit if unitized.
(e) Determination of Completeness of Consistency Certification.--
The Secretary of the Interior has the authority to determine, for
purposes of section 307 of the Coastal Zone Management Act of 1972,
whether a lessee, or group of lessees, has submitted a complete
consistency certification, including necessary data and information,
for exploration or development and production plans proposed under the
authority of the Outer Continental Shelf Lands Act.
(f) Standard of Review.--Exploration or development and production
plans proposed under the authority of the Outer Continental Shelf Lands
Act shall only be reviewed for consistency under section 307 of the
Coastal Zone Management Act of 1972 using the standard of whether it is
reasonably foreseeable that activities to be conducted under the plan
will directly cause significant effects in the coastal zone of the
reviewing State.
SEC. 240. OIL SPILL RESPONSE PLANS.
(a) Review of Oil Spill Response Plan Approvals.--Any action of the
Secretary of the Interior to approve oil spill response plans under the
Oil Pollution Act of 1990 shall only be subject to judicial review
under the provisions applicable to actions subject to section 23(c)(2)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(c)(2)).
(b) Issuance of 5-Year Oil Spill Response Plans.--The Secretary of
the Interior shall develop and issue 5-year oil spill response plans
for each outer Continental Shelf Planning Area upon request by a lessee
or association of lessees.
SEC. 241. CLEAN AIR ACT AND CLEAN WATER ACT.
(a) Delegation of Authority to the Minerals Management Service.--
The Administrator of the Environmental Protection Agency shall delegate
to the Minerals Management Service the permitting and enforcement
authority under the Clean Air Act (42 U.S.C. 7401 et seq.) and the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for the
Federal outer Continental Shelf for all activities conducted under the
authority of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.). Because the Federal outer Continental Shelf is not a part of any
State, the Minerals Management Service shall be treated no less
favorably under these delegations than would the government of a State
for these purposes.
(b) Issuance of Area-Wide Permits.--After receiving the delegations
under subsection (a), the Minerals Management Service shall issue 5-
year area-wide permits under the Clean Air Act and Federal Water
Pollution Control Act for activities conducted under the authority of
the Outer Continental Shelf Lands Act for each outer Continental Shelf
Planning Area upon request by a lessee or association of lessees.
SEC. 242. RESOURCE ASSESSMENTS.
Section 357 of the Energy Policy Act of 2005 (42 U.S.C. 15912) is
amended by adding at the end the following:
``(c) Oil and Gas Resource Assessments.--As discussed by the
National Research Council in `Undiscovered Oil and Gas Resources: An
Evaluation of the Department of the Interior's 1989 Assessment
Procedures' (1991), the Secretary of the Interior shall include in all
future oil and natural gas resource assessments--
``(1) estimates of oil and natural gas from both
conventional and unconventional sources;
``(2) estimates of in-place resources; and
``(3) estimates of technically recoverable resources, that
assume the use of current and foreseeable technologies.
``(d) Full Consideration.--In all future oil and natural gas
resource assessments for the outer Continental Shelf, the Secretary
shall ensure full consideration of the data and findings generated by--
``(1) the National Petroleum Council;
``(2) the Deep Sea Drilling Program; and
``(3) the Ocean Drilling Program.
``(e) New National Assessment.--The Secretary shall complete a new
national assessment of oil and natural gas resources within the United
States and its exclusive economic zone within 24 months after the date
of the enactment of SEACOR, and the Secretary shall renew that
assessment at least every five years.
``(f) Initial National Research Council Review.--The National
Research Council, with funding from the Departments of Energy and the
Interior, shall within 24 months after the date of the enactment of
SEACOR, complete the following:
``(1) Review and evaluate the methodologies of estimates by
the Minerals Management Service and the United States
Geological Survey regarding the quantity and chemical
composition of potential hydrocarbon resources within the
United States and its exclusive economic zone.
``(2) Assess the adequacy and reliability of the existing
scientific and technical information to make the following
determinations in each subject and area under consideration:
``(A) What is known plus reasonable extrapolation
accompanied by an expression of the error or
uncertainty.
``(B) What information is missing and the reasons
why (such as difficulty of measurement, confounding of
data, lack of theory, or insufficient time).
``(C) What information could be obtained with
reasonable increments of investigative resources (such
as personnel, financial support, facilities, and time).
``(g) Additional National Research Council Reviews.--The National
Research Council, with funding from the Departments of Energy and the
Interior, shall conduct a review described in subsection (f) of each
national oil and gas resource assessment conducted by the Department of
the Interior. Such review shall be completed within 24 months after the
issuance of the assessment.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, the Judiciary, Education and Labor, and Transportation and Infrastructure, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, the Judiciary, Education and Labor, and Transportation and Infrastructure, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, the Judiciary, Education and Labor, and Transportation and Infrastructure, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, the Judiciary, Education and Labor, and Transportation and Infrastructure, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, the Judiciary, Education and Labor, and Transportation and Infrastructure, 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.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, the Judiciary, Education and Labor, and Transportation and Infrastructure, 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.
Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Agriculture, the Judiciary, Education and Labor, and Transportation and Infrastructure, 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.
Referred to the Subcommittee on Energy and Air Quality.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.