; and (2) make available the lands described in paragraph (1) for oil and gas leasing. 106. Protested lease sales Section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ) is amended by inserting The Secretary shall resolve any protest to a lease sale within 60 days following such payment. after annual rental for the first lease year. . 107. Clarification regarding liability under Migratory Bird Treaty Act Section 6 of the Migratory Bird Treaty Act ( 16 U.S.C. 707 ) is amended by adding at the end the following: (e) This Act shall not be construed to prohibit any activity proscribed by section 2 of this Act that is accidental or incidental to the presence or operation of an otherwise lawful activity. . 108. Amendments to the Energy Policy Act of 2005 Section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ) is amended to read as follows: 390. National Environmental Policy Act review (a) National Environmental Policy Act review Action by the Secretary of the Interior, in managing the public lands, or the Secretary of Agriculture, in managing National Forest System lands, with respect to any of the activities described in subsection (d) shall be categorically excluded from any further analysis and documentation under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) if the activity is conducted pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq.) for the purpose of exploration or development of oil or gas. (b) Categorical exclusion Use of a categorical exclusion created in this section— (1) shall not require a finding of no extraordinary circumstances