I 
109TH CONGRESS 
2D SESSION 
H. R. 5254 
To set schedules for the consideration of permits for refineries. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2006 
Mr. BASS (for himself, Mr. BARTON of Texas, Mr. KIRK, Mrs. BONO, Mr. 
SHIMKUS, Mr. DEAL of Georgia, Mr. HALL, Mr. PITTS, Mr. NORWOOD, 
Mr. SULLIVAN, Mr. BURGESS, Mr. CHABOT, Mr. BUYER, Mr. CHOCOLA, 
Mr. PICKERING, Mrs. CUBIN, Mr. UPTON, Mr. JOHNSON of Illinois, Mr. 
GERLACH, and Mr. PORTER) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To set schedules for the consideration of permits for 
refineries. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Refinery Permit Proc-
ess Schedule Act’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act— 
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(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency; 
(2) the term ‘‘applicant’’ means a person who 
is seeking a Federal refinery authorization; 
(3) the term ‘‘biomass’’ has the meaning given 
that term in section 932(a)(1) of the Energy Policy 
Act of 2005; 
(4) the term ‘‘Federal refinery authorization’’— 
(A) means any authorization required 
under Federal law, whether administered by a 
Federal or State administrative agency or offi-
cial, with respect to siting, construction, expan-
sion, or operation of a refinery; and 
(B) includes any permits, licenses, special 
use authorizations, certifications, opinions, or 
other approvals required under Federal law 
with respect to siting, construction, expansion, 
or operation of a refinery; 
(5) the term ‘‘refinery’’ means— 
(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-
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ing, isomerization, hydrotreating, blending, and 
any combination thereof, in order to produce 
gasoline or distillate; 
(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 or diesel as its primary out-
put; or 
(C) a facility designed and operated to re-
ceive, load, unload, store, transport, process (in-
cluding biochemical, photochemical, and bio-
technology processes), and refine biomass in 
order to produce biofuel; and 
(6) 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. 3. STATE ASSISTANCE. 
(a) STATE ASSISTANCE.—At the request of a gov-
ernor of a State, the Administrator is authorized to pro-
vide financial assistance to that State to facilitate the hir-
ing of additional personnel to assist the State with exper-
tise in fields relevant to consideration of Federal refinery 
authorizations. 
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(b) OTHER ASSISTANCE.—At the request of a gov-
ernor of a State, a Federal agency responsible for a Fed-
eral refinery authorization shall provide technical, legal, 
or other nonfinancial assistance to that State to facilitate 
its consideration of Federal refinery authorizations. 
SEC. 4. REFINERY PROCESS COORDINATION AND PROCE-
DURES. 
(a) APPOINTMENT OF FEDERAL COORDINATOR.— 
(1) IN GENERAL.—The President shall appoint 
a Federal coordinator to perform the responsibilities 
assigned to the Federal coordinator under this Act. 
(2) OTHER
AGENCIES.—Each Federal and 
State agency or official required to provide a Fed-
eral refinery authorization shall cooperate with the 
Federal coordinator. 
(b) FEDERAL REFINERY AUTHORIZATIONS.— 
(1) MEETING PARTICIPANTS.—Not later than 
30 days after receiving a notification from an appli-
cant that the applicant is seeking a Federal refinery 
authorization pursuant to Federal law, the Federal 
coordinator appointed under subsection (a) shall 
convene a meeting of representatives from all Fed-
eral and State agencies responsible for a Federal re-
finery authorization with respect to the refinery. The 
governor of a State shall identify each agency of 
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that State that is responsible for a Federal refinery 
authorization with respect to that refinery. 
(2) MEMORANDUM OF AGREEMENT.—(A) Not 
later than 90 days after receipt of a notification de-
scribed in paragraph (1), the Federal coordinator 
and the other participants at a meeting convened 
under paragraph (1) shall establish a memorandum 
of agreement setting forth the most expeditious co-
ordinated schedule possible for completion of all 
Federal refinery authorizations with respect to the 
refinery, consistent with the full substantive and 
procedural review required by Federal law. If a Fed-
eral or State agency responsible for a Federal refin-
ery authorization with respect to the refinery is not 
represented at such meeting, the Federal coordinator 
shall ensure that the schedule accommodates those 
Federal refinery authorizations, consistent with Fed-
eral law. In the event of conflict among Federal re-
finery authorization scheduling requirements, the re-
quirements of the Environmental Protection Agency 
shall be given priority. 
(B) Not later than 15 days after completing the 
memorandum of agreement, the Federal coordinator 
shall publish the memorandum of agreement in the 
Federal Register. 
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(C) The Federal coordinator shall ensure that 
all parties to the memorandum of agreement are 
working in good faith to carry out the memorandum 
of agreement, and shall facilitate the maintenance of 
the schedule established therein. 
(c) CONSOLIDATED RECORD.—The Federal coordi-
nator shall, with the cooperation of Federal and State ad-
ministrative agencies and officials, maintain a complete 
consolidated record of all decisions made or actions taken 
by the Federal coordinator or by a Federal administrative 
agency or officer (or State administrative agency or officer 
acting under delegated Federal authority) with respect to 
any Federal refinery authorization. Such record shall be 
the record for judicial review under subsection (d) of deci-
sions made or actions taken by Federal and State adminis-
trative agencies and officials, except that, if the Court de-
termines that the record does not contain sufficient infor-
mation, the Court may remand the proceeding to the Fed-
eral coordinator for further development of the consoli-
dated record. 
(d) REMEDIES.— 
(1) IN GENERAL.—The United States District 
Court for the district in which the proposed refinery 
is located shall have exclusive jurisdiction over any 
civil action for the review of the failure of an agency 
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or official to act on a Federal refinery authorization 
in accordance with the schedule established pursuant 
to the memorandum of agreement. 
(2) STANDING.—If an applicant or a party to 
a memorandum of agreement alleges that a failure 
to act described in paragraph (1) has occurred and 
that such failure to act would jeopardize timely com-
pletion of the entire schedule as established in the 
memorandum of agreement, such applicant or other 
party may bring a cause of action under this sub-
section. 
(3) COURT ACTION.—If an action is brought 
under paragraph (2), the Court shall review whether 
the parties to the memorandum of agreement have 
been acting in good faith, whether the applicant has 
been cooperating fully with the agencies that are re-
sponsible for issuing a Federal refinery authoriza-
tion, and any other relevant materials in the consoli-
dated record. Taking into consideration those fac-
tors, if the Court finds that a failure to act de-
scribed in paragraph (1) has occurred, and that such 
failure to act would jeopardize timely completion of 
the entire schedule as established in the memo-
randum of agreement, the Court shall establish a 
new schedule that is the most expeditious coordi-
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nated 
schedule 
possible 
for 
completion 
of 
preceedings, consistent with the full substantive and 
procedural review required by Federal law. The 
court may issue orders to enforce any schedule it es-
tablishes under this paragraph. 
(4) FEDERAL COORDINATOR’S ACTION.—When 
any civil action is brought under this subsection, the 
Federal coordinator shall immediately file with the 
Court the consolidated record compiled by the Fed-
eral coordinator pursuant to subsection (c). 
(5) EXPEDITED REVIEW.—The Court shall set 
any civil action brought under this subsection for ex-
pedited consideration. 
SEC. 5. DESIGNATION OF CLOSED MILITARY BASES. 
(a) DESIGNATION REQUIREMENT.—Not later than 
90 days after the date of enactment of this Act, the Presi-
dent shall designate no less than 3 closed military installa-
tions, or portions thereof, as potentially suitable for the 
construction of a refinery. At least 1 such site shall be 
designated as potentially suitable for construction of a re-
finery to refine biomass in order to produce biofuel. 
(b) REDEVELOPMENT AUTHORITY.—The redevelop-
ment authority for each installation designated under sub-
section (a), in preparing or revising the redevelopment 
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plan for the installation, shall consider the feasibility and 
practicability of siting a refinery on the installation. 
(c) MANAGEMENT AND DISPOSAL OF REAL PROP-
ERTY.—The Secretary of Defense, in managing and dis-
posing of real property at an installation designated under 
subsection (a) pursuant to the base closure law applicable 
to the installation, shall give substantial deference to the 
recommendations of the redevelopment authority, as con-
tained in the redevelopment plan for the installation, re-
garding the siting of a refinery on the installation. The 
management and disposal of real property at a closed mili-
tary installation or portion thereof found to be suitable 
for the siting of a refinery under subsection (a) shall be 
carried out in the manner provided by the base closure 
law applicable to the installation. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘base closure law’’ means the De-
fense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101–510; 10 
U.S.C. 2687 note) and title II of the Defense Au-
thorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C. 
2687 note); and 
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(2) the term ‘‘closed military installation’’ 
means a military installation closed or approved for 
closure pursuant to a base closure law. 
SEC. 6. SAVINGS CLAUSE. 
Nothing in this Act shall be construed to affect the 
application of any environmental or other law, or to pre-
vent any party from bringing a cause of action under any 
environmental or other law, including citizen suits. 
SEC. 7. REFINERY REVITALIZATION REPEAL. 
Subtitle H of title III of the Energy Policy Act of 
2005 and the items relating thereto in the table of con-
tents of such Act are repealed. 
Æ 
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