H. R. 6—155
the National Environmental Policy Act of 1969 (NEPA) would apply 
if the activity is conducted pursuant to the Mineral Leasing Act 
for the purpose of exploration or development of oil or gas. 
(b) ACTIVITIES DESCRIBED.—The activities referred to in sub-
section (a) are the following: 
(1) Individual surface disturbances of less than 5 acres 
so long as the total surface disturbance on the lease is not 
greater than 150 acres and site-specific analysis in a document 
prepared pursuant to NEPA has been previously completed. 
(2) Drilling an oil or gas well at a location or well pad 
site at which drilling has occurred previously within 5 years 
prior to the date of spudding the well. 
(3) Drilling an oil or gas well within a developed field 
for which an approved land use plan or any environmental 
document prepared pursuant to NEPA analyzed such drilling 
as a reasonably foreseeable activity, so long as such plan or 
document was approved within 5 years prior to the date of 
spudding the well. 
(4) Placement of a pipeline in an approved right-of-way 
corridor, so long as the corridor was approved within 5 years 
prior to the date of placement of the pipeline. 
(5) Maintenance of a minor activity, other than any 
construction or major renovation or a building or facility. 
Subtitle H—Refinery Revitalization 
SEC. 391. FINDINGS AND DEFINITIONS. 
(a) FINDINGS.—Congress finds that— 
(1) it serves the national interest to increase petroleum 
refining capacity for gasoline, heating oil, diesel fuel, jet fuel, 
kerosene, and petrochemical feedstocks wherever located within 
the United States, to bring more supply to the markets for 
the use of the American people; 
(2) United States demand for refined petroleum products 
currently exceeds the country’s petroleum refining capacity to 
produce such products; 
(3) this excess demand has been met with increased 
imports; 
(4) due to lack of capacity, refined petroleum product 
imports are expected to grow from 7.9 percent to 10.7 percent 
of total refined product by 2025; 
(5) refiners are still subject to significant environmental 
and other regulations and face several new requirements under 
the Clean Air Act (42 U.S.C. 7401 et seq.) over the next decade; 
and 
(6) better coordination of Federal and State regulatory 
reviews may help facilitate siting and construction of new refin-
eries to meet the demand in the United States for refined 
products. 
(b) DEFINITIONS.—In this subtitle: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the Environmental Protection Agency. 
(2) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the Commonwealth of Puerto Rico; and
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(C) any other territory or possession of the United 
States. 
SEC. 392. FEDERAL-STATE REGULATORY COORDINATION AND ASSIST-
ANCE. 
(a) IN GENERAL.—At the request of the Governor of a State, 
the Administrator may enter into a refinery permitting cooperative 
agreement with the State, under which each party to the agreement 
identifies steps, including timelines, that it will take to streamline 
the consideration of Federal and State environmental permits for 
a new refinery. 
(b) AUTHORITY UNDER AGREEMENT.—The Administrator shall 
be authorized to— 
(1) accept from a refiner a consolidated application for 
all permits required from the Environmental Protection Agency, 
to the extent consistent with other applicable law; 
(2) enter into memoranda of agreement with other Federal 
agencies to coordinate consideration of refinery applications 
and permits among Federal agencies; and 
(3) enter into memoranda of agreement with a State, under 
which Federal and State review of refinery permit applications 
will be coordinated and concurrently considered, to the extent 
practicable. 
(c) STATE ASSISTANCE.—The Administrator is authorized to pro-
vide financial assistance to State governments to facilitate the 
hiring of additional personnel with expertise in fields relevant to 
consideration of refinery permits. 
(d) OTHER ASSISTANCE.—The Administrator is authorized to 
provide technical, legal, or other assistance to State governments 
to facilitate their review of applications to build new refineries. 
TITLE IV—COAL 
Subtitle A—Clean Coal Power Initiative 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
(a) CLEAN COAL POWER INITIATIVE.—There are authorized to 
be appropriated to the Secretary to carry out the activities author-
ized by this subtitle $200,000,000 for each of fiscal years 2006 
through 2014, to remain available until expended. 
(b) REPORT.—The Secretary shall submit to Congress the report 
required by this subsection not later than March 31, 2007. The 
report shall include, with respect to subsection (a), a plan con-
taining— 
(1) a detailed assessment of whether the aggregate funding 
levels provided under subsection (a) are the appropriate funding 
levels for that program; 
(2) a detailed description of how proposals will be solicited 
and evaluated, including a list of all activities expected to 
be undertaken; 
(3) a detailed list of technical milestones for each coal 
and related technology that will be pursued; and 
(4) a detailed description of how the program will avoid 
problems enumerated in Government Accountability Office
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reports on the Clean Coal Technology Program, including prob-
lems that have resulted in unspent funds and projects that 
failed either financially or scientifically. 
SEC. 402. PROJECT CRITERIA. 
(a) IN GENERAL.—To be eligible to receive assistance under 
this subtitle, a project shall advance efficiency, environmental 
performance, and cost competitiveness well beyond the level of 
technologies that are in commercial service or have been dem-
onstrated on a scale that the Secretary determines is sufficient 
to demonstrate that commercial service is viable as of the date 
of enactment of this Act. 
(b) TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.— 
(1) GASIFICATION PROJECTS.— 
(A) IN GENERAL.—In allocating the funds made avail-
able under section 401(a), the Secretary shall ensure that 
at least 70 percent of the funds are used only to fund 
projects on coal-based gasification technologies, including— 
(i) gasification combined cycle; 
(ii) gasification fuel cells and turbine combined 
cycle; 
(iii) gasification coproduction; 
(iv) hybrid gasification and combustion; and 
(v) other advanced coal based technologies capable 
of producing a concentrated stream of carbon dioxide. 
(B) TECHNICAL MILESTONES.— 
(i) PERIODIC DETERMINATION.— 
(I) IN GENERAL.—The Secretary shall periodi-
cally set technical milestones specifying the emis-
sion and thermal efficiency levels that coal gasifi-
cation projects under this subtitle shall be 
designed, and reasonably expected, to achieve. 
(II) PRESCRIPTIVE MILESTONES.—The technical 
milestones shall become more prescriptive during 
the period of the clean coal power initiative. 
(ii) 2020 GOALS.—The Secretary shall establish the 
periodic milestones so as to achieve by the year 2020 
coal gasification projects able— 
(I) to remove at least 99 percent of sulfur 
dioxide; 
(II) to emit not more than .05 lbs of NOx 
per million Btu; 
(III) to achieve at least 95 percent reductions 
in mercury emissions; and 
(IV) to achieve a thermal efficiency of at 
least— 
(aa) 50 percent for coal of more than 9,000 
Btu; 
(bb) 48 percent for coal of 7,000 to 9,000 
Btu; and 
(cc) 46 percent for coal of less than 7,000 
Btu. 
(2) OTHER PROJECTS.— 
(A) ALLOCATION OF FUNDS.—The Secretary shall ensure 
that up to 30 percent of the funds made available under 
section 401(a) are used to fund projects other than those 
described in paragraph (1).
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(B) TECHNICAL MILESTONES.— 
(i) PERIODIC DETERMINATION.— 
(I) IN GENERAL.—The Secretary shall periodi-
cally establish technical milestones specifying the 
emission and thermal efficiency levels that projects 
funded under this paragraph shall be designed, 
and reasonably expected, to achieve. 
(II) PRESCRIPTIVE MILESTONES.—The technical 
milestones shall become more prescriptive during 
the period of the clean coal power initiative. 
(ii) 2020 GOALS.—The Secretary shall set the peri-
odic milestones so as to achieve by the year 2020 
projects able— 
(I) to remove at least 97 percent of sulfur 
dioxide; 
(II) to emit no more than .08 lbs of NOx per 
million Btu; 
(III) to achieve at least 90 percent reductions 
in mercury emissions; and 
(IV) to achieve a thermal efficiency of at 
least— 
(aa) 43 percent for coal of more than 9,000 
Btu; 
(bb) 41 percent for coal of 7,000 to 9,000 
Btu; and 
(cc) 39 percent for coal of less than 7,000 
Btu. 
(3) CONSULTATION.—Before setting the technical milestones 
under paragraphs (1)(B) and (2)(B), the Secretary shall consult 
with— 
(A) the Administrator of the Environmental Protection 
Agency; and 
(B) interested entities, including— 
(i) coal producers; 
(ii) industries using coal; 
(iii) organizations that promote coal or advanced 
coal technologies; 
(iv) environmental organizations; 
(v) organizations representing workers; and 
(vi) organizations representing consumers. 
(4) EXISTING UNITS.—In the case of projects at units in 
existence on the date of enactment of this Act, in lieu of 
the thermal efficiency requirements described in paragraphs 
(1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones shall be designed 
to achieve an overall thermal design efficiency improvement, 
compared to the efficiency of the unit as operated, of not less 
than— 
(A) 7 percent for coal of more than 9,000 Btu; 
(B) 6 percent for coal of 7,000 to 9,000 Btu; or 
(C) 4 percent for coal of less than 7,000 Btu. 
(5) ADMINISTRATION.— 
(A) ELEVATION
OF
SITE.—In evaluating project pro-
posals to achieve thermal efficiency levels established under 
paragraphs (1)(B)(i) and (2)(B)(i) and in determining 
progress towards thermal efficiency milestones under para-
graphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary