I 
111TH CONGRESS 
1ST SESSION 
H. R. 896 
To expedite the construction of new refining capacity on closed military 
installations in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2009 
Mr. PITTS (for himself, Mr. BARTLETT, Mr. GINGREY of Georgia, Mr. PENCE, 
Mr. COLE, Mr. HERGER, Mr. LATTA, Mrs. BLACKBURN, Ms. FALLIN, 
Mr. BRADY of Texas, Mr. ISSA, Mr. BROWN of South Carolina, Ms. 
FOXX, Mr. MARCHANT, Mr. MCKEON, Mr. AKIN, Mr. CONAWAY, Mr. 
WESTMORELAND, Mr. MILLER
of Florida, Mr. RADANOVICH, Mr. 
LAMBORN, Mr. SOUDER, Mr. ROONEY, Mrs. MYRICK, Mrs. BACHMANN, 
Mr. ROGERS of Kentucky, Mr. BURTON of Indiana, Mr. LEE of New 
York, Mr. WILSON of South Carolina, Mr. BOOZMAN, Mr. BROUN of 
Georgia, Mr. SENSENBRENNER, Mr. WITTMAN, Mr. KLINE of Minnesota, 
and Mr. LINDER) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee 
on Armed Services, 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 expedite the construction of new refining capacity on 
closed military installations in the United States, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEFINITIONS. 
For purposes of this Act— 
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(A) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine crude oil by any chemical or physical 
process, including distillation, fluid catalytic 
cracking, hydrocracking, coking, alkylation, 
etherification, polymerization, catalytic reform-
ing, isomerization, hydrotreating, blending, and 
any combination thereof, in order to produce 
gasoline or other fuel; or 
(B) a facility designed and operated to re-
ceive, load, unload, store, transport, process, 
and refine coal by any chemical or physical 
process, including liquefaction, in order to 
produce gasoline, diesel, or other liquid fuel as 
its primary output; 
(6) the term ‘‘Secretary’’ means the Secretary 
of Energy; and 
(7) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, and any other territory or possession of the 
United States. 
SEC. 2. STATE PARTICIPATION AND PRESIDENTIAL DES-
IGNATION. 
(a) DESIGNATION REQUIREMENT.—Not later than 
90 days after the date of enactment of this Act, the Presi-
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dent shall designate no less than 3 closed military installa-
tions, or portions thereof, subject to subsection (c)(2), that 
are appropriate for the purposes of siting a refinery. 
(b) ANALYSIS OF REFINERY SITES.—In considering 
any site for possible designation under subsection (a), the 
President shall conduct an analysis of— 
(1) the availability of crude oil supplies to the 
site, including supplies from domestic production of 
shale oil and tar sands and other strategic uncon-
ventional fuels; 
(2) the distribution of the Nation’s refined pe-
troleum product demand; 
(3) whether such site is in close proximity to 
substantial pipeline infrastructure, including both 
crude oil and refined petroleum product pipelines, 
and potential infrastructure feasibility; 
(4) the need to diversify the geographical loca-
tion of the domestic refining capacity; 
(5) the effect that increased refined petroleum 
products from a refinery on that site may have on 
the price and supply of gasoline to consumers; 
(6) the impact of locating a refinery on the site 
on the readiness and operations of the Armed 
Forces; and 
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(7) such other factors as the President con-
siders appropriate. 
(c) SALE OR DISPOSAL.— 
(1) DESIGNATION.—Except as provided in 
paragraph (2), until the expiration of 2 years after 
the date of enactment of this Act, the Federal Gov-
ernment shall not sell or otherwise dispose of the 
military installations designated pursuant to sub-
section (a). 
(2) GOVERNOR’S OBJECTION.—No site may be 
used for a refinery under this Act if, not later than 
60 days after designation of the site under sub-
section (a), the Governor of the State in which the 
site is located transmits to the President an objec-
tion to the designation, unless, not later than 60 
days after the President receives such objection, the 
Congress has by law overridden the objection. 
(d) REDEVELOPMENT AUTHORITY.—With respect to 
a closed military installation, or portion thereof, des-
ignated by the President as a potentially suitable refinery 
site pursuant to subsection (a)— 
(1) the redevelopment authority for the installa-
tion, in preparing or revising the redevelopment plan 
for the installation, shall consider the feasibility and 
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practicability of siting a refinery on the installation; 
and 
(2) the Secretary of Defense, in managing and 
disposing of real property at the installation pursu-
ant to the base closure law applicable to the installa-
tion, shall give substantial deference to the rec-
ommendations of the redevelopment authority, as 
contained in the redevelopment plan for the installa-
tion, regarding the siting of a refinery on the instal-
lation. 
SEC. 3. PROCESS COORDINATION AND RULES OF PROCE-
DURE. 
(a) DESIGNATION AS LEAD AGENCY.— 
(1) IN GENERAL.—The Department of Energy 
shall act as the lead agency for the purposes of co-
ordinating all applicable Federal refinery authoriza-
tions and related environmental reviews with respect 
to a designated refinery. 
(2) OTHER
AGENCIES.—Each Federal and 
State agency or official required to provide a Fed-
eral refinery authorization shall cooperate with the 
Secretary and comply with the deadlines established 
by the Secretary. 
(b) SCHEDULE.— 
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(1) SECRETARY’S AUTHORITY TO SET SCHED-
ULE.—The Secretary shall establish a schedule for 
all Federal refinery authorizations with respect to a 
designated refinery. In establishing the schedule, the 
Secretary shall— 
(A) ensure expeditious completion of all 
such proceedings; and 
(B) accommodate the applicable schedules 
established by Federal law for such proceedings. 
(2) FAILURE TO MEET SCHEDULE.—If a Fed-
eral or State administrative agency or official does 
not complete a proceeding for an approval that is re-
quired for a Federal refinery authorization in ac-
cordance with the schedule established by the Sec-
retary under this subsection, the applicant may pur-
sue remedies under subsection (d). 
(c) CONSOLIDATED RECORD.—The Secretary shall, 
with the cooperation of Federal and State administrative 
agencies and officials, maintain a complete consolidated 
record of all decisions made or actions taken by the Sec-
retary or by a Federal administrative agency or officer (or 
State administrative agency or officer acting under dele-
gated Federal authority) with respect to any Federal re-
finery authorization. Such record shall be the record for 
judicial review under subsection (d) of decisions made or 
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actions taken by Federal and State administrative agen-
cies and officials, except that, if the Court determines that 
the record does not contain sufficient information, the 
Court may remand the proceeding to the Secretary for fur-
ther development of the consolidated record. 
(d) JUDICIAL REVIEW.— 
(1) IN GENERAL.—The United States Court of 
Appeals for the District of Columbia shall have 
original and exclusive jurisdiction over any civil ac-
tion for the review of— 
(A) an order or action, related to a Federal 
refinery authorization, by a Federal or State 
administrative agency or official; and 
(B) an alleged failure to act by a Federal 
or State administrative agency or official acting 
pursuant to a Federal refinery authorization. 
The failure of an agency or official to act on a Fed-
eral refinery authorization in accordance with the 
Secretary’s schedule established pursuant to sub-
section (b) shall be considered inconsistent with Fed-
eral law for the purposes of paragraph (2) of this 
subsection. 
(2) COURT ACTION.—If the Court finds that an 
order or action described in paragraph (1)(A) is in-
consistent with the Federal law governing such Fed-
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eral refinery authorization, or that a failure to act 
as described in paragraph (1)(B) has occurred, and 
the order, action, or failure to act would prevent the 
siting, construction, expansion, or operation of the 
designated refinery, the Court shall remand the pro-
ceeding to the agency or official to take appropriate 
action consistent with the order of the Court. If the 
Court remands the order, action, or failure to act to 
the Federal or State administrative agency or offi-
cial, the Court shall set a reasonable schedule and 
deadline for the agency or official to act on remand. 
(3) SECRETARY’S ACTION.—For any civil action 
brought under this subsection, the Secretary shall 
promptly file with the Court the consolidated record 
compiled by the Secretary pursuant to subsection 
(c). 
(4) EXPEDITED REVIEW.—The Court shall set 
any civil action brought under this subsection for ex-
pedited consideration. 
(5) ATTORNEY’S
FEES.—In any action chal-
lenging a Federal refinery authorization that has 
been granted, reasonable attorney’s fees and other 
expenses of litigation shall be awarded to the pre-
vailing party. This paragraph shall not apply to any 
action seeking remedies for denial of a Federal refin-
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ery authorization or failure to act on an application 
for a Federal refinery authorization. 
Æ 
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