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‘‘(2) Paragraph (1) shall not apply in any case in 
which the Commission finds that a seller that has entered 
into a contract for the transportation or sale of natural gas 
subject to the jurisdiction of the Commission has engaged 
in fraudulent market manipulation activities materially af-
fecting the contract in violation of section 4A.’’. 
SEC. 387. DEADLINE FOR DECISION ON APPEALS OF CON-
SISTENCY 
DETERMINATION 
UNDER 
THE 
COASTAL ZONE MANAGEMENT ACT OF 1972. 
(a) IN GENERAL.—Section 319 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1465) is amended to 
read as follows: 
‘‘APPEALS TO THE SECRETARY 
‘‘SEC. 319. (a) NOTICE.—Not later than 30 days after 
the date of the filing of an appeal to the Secretary of a 
consistency determination under section 307, the Secretary 
shall publish an initial notice in the Federal Register. 
‘‘(b) CLOSURE OF RECORD.— 
‘‘(1) IN GENERAL.—Not later than the end of the 
270-day period beginning on the date of publication 
of an initial notice under subsection (a), except as 
provided in paragraph (3), the Secretary shall imme-
diately close the decision record and receive no more 
filings on the appeal. 
‘‘(2) NOTICE.—After closing the administrative 
record, the Secretary shall immediately publish a no-
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tice in the Federal Register that the administrative 
record has been closed. 
‘‘(3) EXCEPTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), during the 270-day period described 
in paragraph (1), the Secretary may stay the 
closing of the decision record— 
‘‘(i) for a specific period mutually 
agreed to in writing by the appellant and 
the State agency; or 
‘‘(ii) as the Secretary determines nec-
essary to receive, on an expedited basis— 
‘‘(I) any supplemental informa-
tion specifically requested by the Sec-
retary to complete a consistency review 
under this Act; or 
‘‘(II) any clarifying information 
submitted by a party to the proceeding 
related to information already existing 
in the sole record. 
‘‘(B) APPLICABILITY.—The Secretary may 
only stay the 270-day period described in para-
graph (1) for a period not to exceed 60 days. 
‘‘(c) DEADLINE FOR DECISION.—
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‘‘(1) IN GENERAL.—Not later than 90 days after 
the date of publication of a Federal Register notice 
stating when the decision record for an appeal has 
been closed, the Secretary shall issue a decision or 
publish a notice in the Federal Register explaining 
why a decision cannot be issued at that time. 
‘‘(2) SUBSEQUENT DECISION.—Not later than 45 
days after the date of publication of a Federal Reg-
ister notice explaining why a decision cannot be 
issued within the 90-day period, the Secretary shall 
issue a decision.’’. 
SEC. 388. FEDERAL-STATE LIQUEFIED NATURAL GAS FO-
RUMS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in cooperation and 
consultation with the Secretary of Transportation, the Sec-
retary of Homeland Security, the Federal Energy Regu-
latory Commission, and the Governors of the Coastal States, 
shall convene not less than 3 forums on liquefied natural 
gas. 
(b) REQUIREMENTS.—The forums shall— 
(1) be located in areas where liquefied natural 
gas facilities are under consideration; 
(2) be designed to foster dialogue among Federal 
officials, State and local officials, the general public,
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independent experts, and industry representatives; 
and 
(3) at a minimum, provide an opportunity for 
public education and dialogue on— 
(A) the role of liquefied natural gas in 
meeting current and future United States energy 
supply requirements and demand, in the context 
of the full range of energy supply options; 
(B) the Federal and State siting and per-
mitting processes; 
(C) the potential risks and rewards associ-
ated with importing liquefied natural gas; 
(D) the Federal safety and environmental 
requirements (including regulations) applicable 
to liquefied natural gas; 
(E) prevention, mitigation, and response 
strategies for liquefied natural gas hazards; and 
(F) additional issues as appropriate. 
(c) PURPOSE.—The purpose of the forums shall be to 
identify and develop best practices for addressing the issues 
and challenges associated with liquefied natural gas im-
ports, building on existing cooperative efforts. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section.
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SEC. 389. PROHIBITION OF TRADING AND SERVING BY CER-
TAIN PERSONS. 
Section 20 of the Natural Gas Act (15 U.S.C. 717s) 
is amended by adding at the end the following: 
‘‘(d) In any proceedings under subsection (a), the court 
may prohibit, conditionally or unconditionally, and per-
manently or for such period of time as the court determines, 
any person who is engaged or has engaged in practices con-
stituting a violation of section 4A (including related rules 
and regulations) from— 
‘‘(1) acting as an officer or director of a natural 
gas company; or 
‘‘(2) engaging in the business of— 
‘‘(A) the purchasing or selling of natural 
gas; or 
‘‘(B) the purchasing or selling of trans-
mission services subject to the jurisdiction of the 
Commission.’’. 
Subtitle F—Federal Coalbed 
Methane Regulation 
SEC. 391. FEDERAL COALBED METHANE REGULATION. 
Any State that, as of the date of enactment of this Act, 
is included on the list of affected States established under 
section 1339(b) of the Energy Policy Act of 1992 (42 U.S.C. 
13368(b)) shall be removed from the list if, not later than 
3 years after the date of enactment of this Act, the State
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takes, or prior to that date of enactment, has taken, any 
of the actions required for removal from the list under that 
section. 
TITLE IV—COAL 
Subtitle A—Clean Coal Power 
Initiative 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
(a) CLEAN COAL POWER INITIATIVE.—There is au-
thorized to be appropriated to the Secretary to carry out 
the activities authorized by this subtitle $200,000,000 for 
each of fiscal years 2006 through 2012, to remain available 
until expended. 
(b) REPORT.—Not later than March 31, 2006, the Sec-
retary shall submit to Congress a report that includes a 
10-year plan containing— 
(1) a detailed assessment of whether the aggre-
gate assistance levels provided under subsection (a) 
are the appropriate assistance levels for the clean coal 
power initiative; 
(2) a detailed description of how proposals for 
assistance under the clean coal power initiative will 
be solicited and evaluated, including a list of all ac-
tivities expected to be undertaken;
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(3) a detailed list of technical milestones for each 
coal and related technology that will be pursued 
under the clean coal power initiative; and 
(4) a detailed description of how the clean coal 
power initiative will avoid problems enumerated in 
Government Accountability Office reports on the 
Clean Coal Technology Program of the Department, 
including problems 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, envi-
ronmental performance, and cost competitiveness well be-
yond the level of technologies that are in commercial service 
or have been demonstrated 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 available under section 401(a), the Sec-
retary shall ensure that at least 80 percent of the
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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; and 
(iv) hybrid gasification and combus-
tion. 
(B) TECHNICAL MILESTONES.— 
(i) PERIODIC DETERMINATION.— 
(I) IN GENERAL.—The Secretary 
shall periodically set technical mile-
stones specifying the emission and 
thermal efficiency levels that coal gas-
ification projects under this subtitle 
shall be designed, and reasonably ex-
pected, to achieve. 
(II) 
PRESCRIPTIVE
MILE-
STONES.—The 
technical 
milestones 
shall become more prescriptive during 
the period of the clean coal power ini-
tiative. 
(ii) 2020 GOALS.—The Secretary shall 
establish the periodic milestones so as to
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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 effi-
ciency 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 20 percent of the funds 
made available under section 401(a) are used to 
fund projects other than those described in para-
graph (1). 
(B) TECHNICAL MILESTONES.— 
(i) PERIODIC DETERMINATION.—
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(I) IN GENERAL.—The Secretary 
shall periodically 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
MILE-
STONES.—The 
technical 
milestones 
shall become more prescriptive during 
the period of the clean coal power ini-
tiative. 
(ii) 2020 GOALS.—The Secretary shall 
set the periodic 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 effi-
ciency of at least— 
(aa) 43 percent for coal of 
more than 9,000 Btu;
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(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 con-
sumers. 
(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 de-
scribed 
in 
paragraphs 
(1)(B)(ii)(IV) 
and 
(2)(B)(ii)(IV), the milestones shall be designed to 
achieve an overall thermal design efficiency improve-
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ment, compared to the efficiency of the unit as oper-
ated, 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 proposals to achieve thermal efficiency 
levels established under paragraphs (1)(B)(i) and 
(2)(B)(i) and in determining progress towards 
thermal efficiency milestones under paragraphs 
(1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Sec-
retary shall take into account and make adjust-
ments for the elevation of the site at which a 
project is proposed to be constructed. 
(B) APPLICABILITY OF MILESTONES.—The 
thermal efficiency milestones under paragraphs 
(1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) shall not 
apply to projects that separate and capture at 
least 50 percent of the potential emissions of car-
bon dioxide by a facility.
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(C) PERMITTED
USES.—In carrying out 
this section, the Secretary shall give high pri-
ority to projects that include, as part of the 
project— 
(i) the separation or capture of carbon 
dioxide; or 
(ii) the reduction of the demand for 
natural gas if deployed. 
(c) FINANCIAL CRITERIA.—The Secretary shall not 
provide financial assistance under this subtitle for a project 
unless the recipient documents to the satisfaction of the Sec-
retary that— 
(1) the recipient is financially responsible; 
(2) the recipient will provide sufficient informa-
tion to the Secretary to enable the Secretary to ensure 
that the funds are spent efficiently and effectively; 
and 
(3) a market exists for the technology being dem-
onstrated or applied, as evidenced by statements of 
interest in writing from potential purchasers of the 
technology. 
(d) FINANCIAL ASSISTANCE.—The Secretary shall pro-
vide financial assistance to projects that, as determined by 
the Secretary—
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(1) meet the requirements of subsections (a), (b), 
and (c); and 
(2) are likely— 
(A) to achieve overall cost reductions in the 
use of coal to generate useful forms of energy or 
chemical feedstocks; 
(B) to improve the competitiveness of coal 
among various forms of energy in order to main-
tain a diversity of fuel choices in the United 
States to meet electricity generation require-
ments; and 
(C) to demonstrate methods and equipment 
that are applicable to 25 percent of the elec-
tricity generating facilities, using various types 
of coal, that use coal as the primary feedstock as 
of the date of enactment of this Act. 
(e) COST-SHARING.—In carrying out this subtitle, the 
Secretary shall require cost sharing in accordance with sec-
tion 1002. 
(f) 
SCHEDULED
COMPLETION
OF
SELECTED 
PROJECTS.— 
(1) IN GENERAL.—In selecting a project for fi-
nancial assistance under this section, the Secretary 
shall establish a reasonable period of time during 
which the owner or operator of the project shall com-
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plete the construction or demonstration phase of the 
project, as the Secretary determines to be appropriate. 
(2) CONDITION OF FINANCIAL ASSISTANCE.—The 
Secretary shall require as a condition of receipt of 
any financial assistance under this subtitle that the 
recipient of the assistance enter into an agreement 
with the Secretary not to request an extension of the 
time period established for the project by the Sec-
retary under paragraph (1). 
(3) EXTENSION OF TIME PERIOD.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), the Secretary may extend the time period 
established under paragraph (1) if the Secretary 
determines, in the sole discretion of the Sec-
retary, that the owner or operator of the project 
cannot complete the construction or demonstra-
tion phase of the project within the time period 
due to circumstances beyond the control of the 
owner or operator. 
(B) LIMITATION.—The Secretary shall not 
extend a time period under subparagraph (A) by 
more than 4 years. 
(g) FEE TITLE.—The Secretary may vest fee title or 
other property interests acquired under cost-share clean coal
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power initiative agreements under this subtitle in any enti-
ty, including the United States. 
(h) DATA PROTECTION.—For a period not exceeding 
5 years after completion of the operations phase of a cooper-
ative agreement, the Secretary may provide appropriate 
protections (including exemptions from subchapter II of 
chapter 5 of title 5, United States Code) against the dis-
semination of information that— 
(1) results from demonstration activities carried 
out under the clean coal power initiative program; 
and 
(2) would be a trade secret or commercial or fi-
nancial information that is privileged or confidential 
if the information had been obtained from and first 
produced by a non-Federal party participating in a 
clean coal power initiative project. 
(i) APPLICABILITY.—No technology, or level of emis-
sion reduction, solely by reason of the use of the technology, 
or the achievement of the emission reduction, by 1 or more 
facilities receiving assistance under this Act, shall be con-
sidered to be— 
(1) adequately demonstrated for purposes of sec-
tion 111 of the Clean Air Act (42 U.S.C. 7411); 
(2) achievable for purposes of section 169 of that 
Act (42 U.S.C. 7479); or
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(3) achievable in practice for purposes of section 
171 of that Act (42 U.S.C. 7501). 
SEC. 403. REPORT. 
Not later than 1 year after the date of enactment of 
this Act, and once every 2 years thereafter through 2012, 
the Secretary, in consultation with other appropriate Fed-
eral agencies, shall submit to Congress a report describ-
ing— 
(1)(A) the technical milestones described in sec-
tion 402; and 
(B) how those milestones ensure progress toward 
meeting the requirements of subsections (b)(1)(B) and 
(b)(2)(B) of section 402; and 
(2) the status of projects that receive assistance 
under this subtitle. 
SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE. 
(a) IN GENERAL.—As part of the clean coal power ini-
tiative, the Secretary shall award competitive, merit-based 
grants to institutions of higher education for the establish-
ment of centers of excellence for energy systems of the future. 
(b) BASIS FOR GRANTS.— The Secretary shall award 
grants under this section to institutions of higher education 
that show the greatest potential for advancing new clean 
coal technologies.
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SEC. 405. INTEGRATED COAL/RENEWABLE ENERGY SYSTEM. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary may provide loan guarantees for 
a project to produce energy from coal of less than 7,000 
Btu/lb using appropriate advanced integrated gasification 
combined cycle technology, including repowering of existing 
facilities, that— 
(1) is combined with wind and other renewable 
sources; 
(2) minimizes and offers the potential to seques-
ter carbon dioxide emissions; and 
(3) provides a ready source of hydrogen for near- 
site fuel cell demonstrations. 
(b) REQUIREMENTS.—The facility— 
(1) may be built in stages; 
(2) shall have a combined output of at least 200 
megawatts at successively more competitive rates; and 
(3) shall be located in the Upper Great Plains. 
(c) TECHNICAL CRITERIA.—Technical criteria de-
scribed in section 402(b) shall apply to the facility. 
(d) FEDERAL COST SHARE.—The Federal cost share 
for the facility shall not exceed 50 percent. 
(e) INVESTMENT TAX CREDITS.— 
(1) IN GENERAL.—The loan guarantees provided 
under this section do not preclude the facility from re-
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ceiving an allocation for investment tax credits under 
section 48A of the Internal Revenue Code of 1986. 
(2) OTHER FUNDING.—Use of the investment tax 
credit described in paragraph (1) does not prohibit 
the use of other clean coal program funding. 
SEC. 406. LOAN TO PLACE ALASKA CLEAN COAL TECH-
NOLOGY FACILITY IN SERVICE. 
(a) DEFINITIONS.—In this section: 
(1) BORROWER.—The term ‘‘borrower’’ means 
the owner of the clean coal technology plant. 
(2) CLEAN COAL TECHNOLOGY PLANT.—The term 
‘‘clean coal technology plant’’ means the plant located 
near Healy, Alaska, constructed under Department 
cooperative 
agreement 
number 
DE–FC–22– 
91PC90544. 
(3) COST OF A DIRECT LOAN.—The term ‘‘cost of 
a direct loan’’ has the meaning given the term in sec-
tion 502(5)(B) of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661a(5)(B)). 
(b) AUTHORIZATION.—Subject to subsection (c), the 
Secretary shall use amounts made available under sub-
section (e) to provide the cost of a direct loan to the bor-
rower for purposes of placing the clean coal technology 
plant into reliable operation for the generation of elec-
tricity.
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(c) REQUIREMENTS.— 
(1) MAXIMUM LOAN AMOUNT.—The amount of 
the direct loan provided under subsection (b) shall not 
exceed $80,000,000. 
(2) DETERMINATIONS
BY
SECRETARY.—Before 
providing the direct loan to the borrower under sub-
section (b), the Secretary shall determine that— 
(A) the plan of the borrower for placing the 
clean coal technology plant in reliable operation 
has a reasonable prospect of success; 
(B) the amount of the loan (when combined 
with amounts available to the borrower from 
other sources) will be sufficient to carry out the 
project; and 
(C) there is a reasonable prospect that the 
borrower will repay the principal and interest 
on the loan. 
(3) INTEREST; TERM.—The direct loan provided 
under subsection (b) shall bear interest at a rate and 
for a term that the Secretary determines appropriate, 
after consultation with the Secretary of the Treasury, 
taking into account the needs and capacities of the 
borrower and the prevailing rate of interest for simi-
lar loans made by public and private lenders.
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(4) ADDITIONAL TERMS AND CONDITIONS.—The 
Secretary may require any other terms and condi-
tions that the Secretary determines to be appropriate. 
(d) USE OF PAYMENTS.—The Secretary shall retain 
any payments of principal and interest on the direct loan 
provided under subsection (b) to support energy research 
and development activities, to remain available until ex-
pended, subject to any other conditions in an applicable ap-
propriations Act. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to provide the cost of a direct loan under subsection (b). 
SEC. 407. WESTERN INTEGRATED COAL GASIFICATION DEM-
ONSTRATION PROJECT. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary shall carry out a project to dem-
onstrate production of energy from coal mined in the west-
ern United States using integrated gasification combined 
cycle technology (referred to in this section as the ‘‘dem-
onstration project’’). 
(b) COMPONENTS.—The demonstration project— 
(i) may include repowering of existing facilities; 
(ii) shall be designed to demonstrate the ability 
to use coal with an energy content of not more than 
9,000 Btu/lb.; and
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(iii) shall be capable of removing and seques-
tering carbon dioxide emissions. 
(c) ALL
TYPES
OF
WESTERN
COALS.—Notwith-
standing the foregoing, and to the extent economically fea-
sible, the demonstration project shall also be designed to 
demonstrate the ability to use a variety of types of coal (in-
cluding subbituminous and bituminous coal with an energy 
content of up to 13,000 Btu/lb.) mined in the western 
United States. 
(d) LOCATION.—The demonstration project shall be lo-
cated in a western State at an altitude of greater than 4,000 
feet above sea level. 
(e) COST SHARING.—The Federal share of the cost of 
the demonstration project shall be determined in accordance 
with section 1002. 
(f) LOAN GUARANTEES.—Notwithstanding title XIV, 
the demonstration project shall not be eligible for Federal 
loan guarantees. 
Subtitle B—Federal Coal Leases 
SEC. 411. REPEAL OF THE 160-ACRE LIMITATION FOR COAL 
LEASES. 
Section 3 of the Mineral Leasing Act (30 U.S.C. 203) 
is amended— 
(1) in the first sentence, by striking ‘‘Any per-
son’’ and inserting the following: ‘‘(a)(1) Except as