[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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>