I 

111TH CONGRESS 

1ST SESSION H. R. 1813 

To terminate or provide for suspension of the application of Federal laws 

that restrict exploration, development, or production of oil, gas, or oil 

shale, to facilitate the construction of new crude oil refineries, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2009 

Mrs. BACHMANN (for herself and Mr. MCHENRY) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce and Agriculture, 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 terminate or provide for suspension of the application 

of Federal laws that restrict exploration, development, 

or production of oil, gas, or oil shale, to facilitate the 

construction of new crude oil refineries, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Energy 

5 Cut the Red Tape Now Act of 2009’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Gas prices have skyrocketed to record high 

4 levels and are negatively impacting America’s econ5 omy, consumers, and businesses. 

6 (2) In July 2006, the average price of gas in 

7 the United States was $2.98 per gallon and the 

8 price of a barrel of oil was $68.86. 

9 (3) As of July 1, 2008, the average price of 

10 gasoline in the United States was $4.07 per gallon 

11 and the price of a barrel of oil was $142.00. 

12 (4) The United States currently imports from 

13 foreign nations over 60 percent of all crude oil, gaso14 line, and diesel fuel consumed by Americans annu15 ally. 

16 (5) The Minerals Management Service has esti17 mated that 88.85 billion barrels of oil are available 

18 in the Outer Continental Shelf (OCS) areas of the 

19 Pacific Ocean, Atlantic Ocean, Gulf of Mexico, and 

20 Alaska, yet over 80 percent of the OCS is under 

21 Federal leasing moratorium. 

22 (6) The United States Geological Survey esti23 mates that there are 16 billion barrels of recoverable 

24 oil in the Arctic National Wildlife Refuge (ANWR). 

25 (7) The Bureau of Land Management estimates 

26 that the United States holds the world’s largest 


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1 known unconventional oil source, known as oil shale, 

2 and that more than 70 percent of American oil shale 

3 lies on Federal land, primarily in Colorado, Utah, 

4 and Wyoming. 

5 (8) These Federal lands contain an estimated 

6 1.23 trillion barrels of oil, which is more than 50 

7 times the Nation’s proven conventional oil reserves. 

8 (9) There are currently no unconventional fuels 

9 leasing programs operating in the United States 

10 that would allow oil and gas companies to explore 

11 and drill for oil. 

12 (10) The Federal Government could open land 

13 in Colorado, Utah, and Wyoming for oil exploration 

14 and the United States could offset all of its imports 

15 from Saudi Arabia according to Bureau of Land 

16 Management statistics. 

17 (11) There has not been a new oil refinery built 

18 in the United States since 1981 and between 1980 

19 and 2006 over half of existing United States refin20 eries closed. 

21 (12) The current bureaucratic permitting proc22 ess to drill for oil and gas contributes to extensive 

23 delays in exploring United States natural resources. 

24 (13) It has been estimated that it takes seven 

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1 shore platform to be built and permitted before nat2 ural gas or oil is produced. 

3 SEC. 3. TERMINATION OR WAIVER OF RESTRICTIONS ON 

4 LEASING FOR EXPLORATION, DEVELOPMENT, 

5 AND PRODUCTION OF OIL, GAS, AND OIL 

6 SHALE DURING PERIOD OF HIGH OIL PRICES. 

7 (a) TERMINATION OF STATUTORY PROHIBITIONS.— 

8 Any Federal law that prohibits the leasing of Federal 

9 Outer Continental Shelf, Bureau of Land Management, 

10 or National Forest lands or Federal submerged lands for 

11 exploration, development, or production of oil, gas, or oil 

12 shale, that withdraws such lands from such leasing, or 

13 that prohibits the expenditure of Federal funds for such 

14 leasing, shall have no force or effect. 

15 (b) WAIVER OF PERMIT REQUIREMENTS.—The Sec16 retary of the Interior— 

17 (1) may waive the application of any provision 

18 of Federal law that requires a permit to engage in 

19 drilling for oil or gas under a lease of Federal lands 

20 or Federal submerged lands for exploration, develop21 ment, or production of oil or gas, during any period 

22 in which the most recent the spot market price for 

23 West Texas Intermediate crude oil at the domestic 

24 spot market at Cushing, Oklahoma, as published by 


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1 the Energy Information Administration, is less than 

2 $100 per barrel; and 

3 (2) shall waive the application of such provi4 sions during any period in which the most recent 

5 such spot market price is greater than $100 per bar6 rel. 

7 SEC. 4. REFINERY PROCESS AND PROCEDURES. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the term ‘‘designated refinery’’ means a fa10 cility designed and operated to receive, load, unload, 

11 store, transport, process, and refine crude oil by any 

12 chemical or physical process, including distillation, 

13 fluid catalytic cracking, hydrocracking, coking, 

14 alkylation, etherification, polymerization, catalytic 

15 reforming, isomerization, hydrotreating, blending, 

16 and any combination thereof, in order to produce 

17 gasoline or other fuel; 

18 (2) the term ‘‘Federal refinery authorization’’— 

19 (A) means any authorization required 

20 under Federal law, whether administered by a 

21 Federal or State administrative agency or offi22 cial, with respect to siting, construction, expan23 sion, or operation of a refinery; and 

24 (B) includes any permits, special use au25 thorizations, certifications, opinions, or other 


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1 approvals required under Federal law with re2 spect to siting, construction, expansion, or oper3 ation of a refinery; 

4 (3) the term ‘‘refinery’’ means— 

5 (A) a facility designed and operated to re6 ceive, load, unload, store, transport, process, 

7 and refine crude oil by any chemical or physical 

8 process, including distillation, fluid catalytic 

9 cracking, hydrocracking, coking, alkylation, 

10 etherification, polymerization, catalytic reform11 ing, isomerization, hydrotreating, blending, and 

12 any combination thereof, in order to produce 

13 gasoline or other fuel; or 

14 (B) a facility designed and operated to re15 ceive, load, unload, store, transport, process, 

16 and refine coal by any chemical or physical 

17 process, including liquefaction, in order to 

18 produce gasoline, diesel, or other liquid fuel as 

19 its primary output; 

20 (4) the term ‘‘Secretary’’ means the Secretary 

21 of Energy; and 

22 (5) the term ‘‘State’’ means a State, the Dis23 trict of Columbia, the Commonwealth of Puerto 

24 Rico, and any other territory or possession of the 

25 United States. 


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1 (b) DESIGNATION AS LEAD AGENCY.— 

2 (1) IN GENERAL.—The Department of Energy 

3 shall act as the lead agency for the purposes of co4 ordinating all applicable Federal refinery authoriza5 tions and related environmental reviews with respect 

6 to a designated refinery. 

7 (2) OTHER AGENCIES.—Each Federal and 

8 State agency or official required to provide a Fed9 eral refinery authorization shall cooperate with the 

10 Secretary and comply with the deadlines established 

11 by the Secretary. 

12 (c) SCHEDULE.— 

13 (1) SECRETARY’S AUTHORITY TO SET SCHED14 ULE.—The Secretary shall establish a schedule for 

15 all Federal refinery authorizations with respect to a 

16 designated refinery. In establishing the schedule, the 

17 Secretary shall— 

18 (A) ensure expeditious completion of all 

19 such proceedings; and 

20 (B) accommodate the applicable schedules 

21 established by Federal law for such proceedings. 

22 (2) FAILURE TO MEET SCHEDULE.—If a Fed23 eral or State administrative agency or official does 

24 not complete a proceeding for an approval that is re25 quired for a Federal refinery authorization in acVerDate Nov 24 2008 22:34 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1813.IH H1813

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1 cordance with the schedule established by the Sec2 retary under this subsection, not later than 30 days 

3 after such failure, the Secretary shall award the ap4 proval of the application. 

5 (d) CONSOLIDATED RECORD.—The Secretary shall, 

6 with the cooperation of Federal and State administrative 

7 agencies and officials, maintain a complete consolidated 

8 record of all decisions made or actions taken by the Sec9 retary or by a Federal administrative agency or officer (or 

10 State administrative agency or officer acting under dele11 gated Federal authority) with respect to any Federal re12 finery authorization. 

Æ 


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