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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
describing—
(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
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provided in paragraph (3), on a finding by the Sec-
retary under paragraph (2), any person’’;
(2) in the second sentence, by striking ‘‘The Sec-
retary’’ and inserting the following:
‘‘(b) The Secretary’’;
(3) in the third sentence, by striking ‘‘The min-
imum’’ and inserting the following:
‘‘(c) The minimum’’;
(4) in subsection (a) (as designated by para-
graph (1))—
(A) by striking ‘‘upon’’ and all that follows
and inserting the following: ‘‘secure modifica-
tions of the original coal lease by including addi-
tional coal lands or coal deposits contiguous or
cornering to those embraced in the lease.’’; and
(B) by adding at the end the following:
‘‘(2) A finding referred to in paragraph (1) is a find-
ing by the Secretary that the modifications—
‘‘(A) would be in the interest of the United
States;
‘‘(B) would not displace a competitive interest in
the lands; and
‘‘(C) would not include lands or deposits that
can be developed as part of another potential or exist-
ing operation.
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‘‘(3) In no case shall the total area added by modifica-
tions to an existing coal lease under paragraph (1)—
‘‘(A) exceed 320 acres; or
‘‘(B) add acreage larger than that in the original
lease.’’.
SEC. 412. MINING PLANS.
Section 2(d)(2) of the Mineral Leasing Act (30 U.S.C.
202a(2)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
‘‘(B) The Secretary may establish a period of
more than 40 years if the Secretary determines that—
‘‘(i) the longer period will ensure the max-
imum economic recovery of a coal deposit; or
‘‘(ii) the longer period is in the interest of
the orderly, efficient, or economic development of
a coal resource.’’.
SEC. 413. PAYMENT OF ADVANCE ROYALTIES UNDER COAL
LEASES.
Section 7(b) of the Mineral Leasing Act (30 U.S.C.
207(b)) is amended—
(1) in the first sentence, by striking ‘‘Each lease’’
and inserting the following: ‘‘(1) Each lease’’;
(2) in the second sentence, by striking ‘‘The Sec-
retary’’ and inserting the following:
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‘‘(2) The Secretary’’;
(3) in the third sentence, by striking ‘‘Such ad-
vance royalties’’ and inserting the following:
‘‘(3) Advance royalties described in paragraph (2)’’;
(4) in the seventh sentence, by striking ‘‘The Sec-
retary’’ and inserting the following:
‘‘(6) The Secretary’’;
(5) in the last sentence, by striking ‘‘Nothing’’
and inserting the following:
‘‘(7) Nothing’’;
(6) by striking the fourth, fifth, and sixth sen-
tences; and
(7) by inserting after paragraph (3) (as des-
ignated by paragraph (3)) the following:
‘‘(4) The aggregate number of years during the period
of any lease for which advance royalties may be accepted
in lieu of the condition of continued operation shall not ex-
ceed 20 years.
‘‘(5) The amount of any production royalty paid for
any year shall be reduced (but not below 0) by the amount
of any advance royalties paid under a lease described in
paragraph (4) to the extent that the advance royalties have
not been used to reduce production royalties for a prior
year.’’.
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SEC. 414. ELIMINATION OF DEADLINE FOR SUBMISSION OF
COAL LEASE OPERATION AND RECLAMATION
PLAN.
Section 7(c) of the Mineral Leasing Act (30 U.S.C.
207(c)) is amended by striking ‘‘and not later than three
years after a lease is issued,’’.
SEC. 415. DEPARTMENT OF ENERGY TRANSPORTATION
FUELS FROM ILLINOIS BASIN COAL.
(a) IN GENERAL.—The Secretary shall carry out a
program to evaluate the commercial and technical viability
of advanced technologies for the production of Fischer-
Tropsch transportation fuels, and other transportation
fuels, manufactured from Illinois basin coal, including the
capital modification of existing facilities and the construc-
tion of testing facilities under subsection (b).
(b) FACILITIES.—For the purpose of evaluating the
commercial and technical viability of different processes for
producing Fischer-Tropsch transportation fuels, and other
transportation fuels, from Illinois basin coal, the Secretary
shall support the use and capital modification of existing
facilities and the construction of new facilities at—
(1) Southern Illinois University Coal Research
Center;
(2) University of Kentucky Center for Applied
Energy Research; and
(3) Energy Center at Purdue University.
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(c) GASIFICATION PRODUCTS TEST CENTER.—In con-
junction with the activities described in subsections (a) and
(b), the Secretary shall construct a test center to evaluate
and confirm liquid and gas products from syngas catalysis
in order that the system has an output of at least 500 gal-
lons of Fischer-Tropsch transportation fuel per day in a
24-hour operation.
(d) MILESTONES.—
(1) SELECTION OF PROCESSES.—Not later than
180 days after the date of enactment of this Act, the
Secretary shall select processes for evaluating the com-
mercial and technical viability of different processes
of producing Fischer-Tropsch transportation fuels,
and other transportation fuels, from Illinois basin
coal.
(2) AGREEMENTS.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall
offer to enter into agreements—
(A) to carry out the activities described in
this section, at the facilities described in sub-
section (b); and
(B) for the capital modifications or con-
struction of the facilities at the locations de-
scribed in subsection (b).
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(3) EVALUATIONS.—Not later than 3 years after
the date of enactment of the Act, the Secretary shall
begin, at the facilities described in subsection (b),
evaluation of the technical and commercial viability
of different processes of producing Fischer-Tropsch
transportation fuels, and other transportation fuels,
from Illinois basin coal.
(4) CONSTRUCTION OF FACILITIES.—
(A) IN GENERAL.—The Secretary shall con-
struct the facilities described in subsection (b) at
the lowest cost practicable.
(B) GRANTS
OR
AGREEMENTS.—The Sec-
retary may make grants or enter into agreements
or contracts with the institutions of higher edu-
cation described in subsection (b).
(e) COST SHARING.—The cost of making grants under
this section shall be shared in accordance with section 1002.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$85,000,000 for the period of fiscal years 2006 through
2010.
SEC. 416. APPLICATION OF AMENDMENTS.
(a) IN GENERAL.—The amendments made by this sub-
title apply to any coal lease issued on or after the date of
enactment of this Act.
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(b) COAL LEASES ISSUED BEFORE DATE OF ENACT-
MENT.—With respect to any coal lease issued before the date
of enactment of this Act, the amendments made by this sub-
title apply—
(1) on the date of readjustment of the lease as
provided under section 7(a) of the Mineral Leasing
Act (30 U.S.C. 207); or
(2) on request by the lessee, prior to that date.
TITLE V—INDIAN ENERGY
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Indian Tribal Energy
Development and Self-Determination Act of 2005’’.
SEC. 502. OFFICE OF INDIAN ENERGY POLICY AND PRO-
GRAMS.
(a) IN GENERAL.—Title II of the Department of En-
ergy Organization Act (42 U.S.C. 7131 et seq.) is amended
by adding at the end the following:
‘‘OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS
‘‘SEC. 217. (a) ESTABLISHMENT.—
‘‘(1) There is established within the Department
an Office of Indian Energy Policy and Programs (re-
ferred to in this section as the ‘Office’).
‘‘(2) The Office shall be headed by a Director, to
be appointed by the Secretary and compensated at a
rate equal to that of level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
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‘‘(b) DUTIES OF DIRECTOR.—The Director, in accord-
ance with Federal policies promoting Indian self-deter-
mination and the purposes of this Act, shall provide, direct,
foster, coordinate, and implement energy planning, edu-
cation, management, conservation, and delivery programs
of the Department that—
‘‘(1) promote Indian tribal energy development,
efficiency, and use;
‘‘(2) reduce or stabilize energy costs;
‘‘(3) enhance and strengthen Indian tribal en-
ergy and economic infrastructure relating to natural
resource development and electrification; and
‘‘(4) bring electrical power and service to Indian
land and the homes of tribal members that are—
‘‘(A) located on Indian land; or
‘‘(B) acquired, constructed, or improved (in
whole or in part) with Federal funds.’’.
(b) CONFORMING AMENDMENTS.—
(1) The table of contents of the Department of
Energy Organization Act (42 U.S.C. prec. 7101) is
amended—
(A) in the item relating to section 209, by
striking ‘‘SECTION’’ and inserting ‘‘SEC.’’; and
(B) by striking the items relating to sections
213 through 216 and inserting the following:
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‘‘Sec. 213. Establishment of policy for National Nuclear Security
Administration.
‘‘Sec. 214. Establishment of security, counterintelligence, and intel-
ligence policies.
‘‘Sec. 215. Office of Counterintelligence.
‘‘Sec. 216. Office of Intelligence.
‘‘Sec. 217. Office of Indian Energy Policy and Programs.’’.
(2) Section 5315 of title 5, United States Code,
is amended by inserting ‘‘Director, Office of Indian
Energy Policy and Programs, Department of En-
ergy.’’ after ‘‘Inspector General, Department of En-
ergy.’’.
SEC. 503. INDIAN ENERGY.
(a) IN GENERAL.—Title XXVI of the Energy Policy
Act of 1992 (25 U.S.C. 3501 et seq.) is amended to read
as follows:
‘‘TITLE XXVI—INDIAN ENERGY
‘‘SEC. 2601. DEFINITIONS.
‘‘In this title:
‘‘(1) The term ‘Director’ means the Director of
the Office of Indian Energy Policy and Programs,
Department of Energy.
‘‘(2) The term ‘Indian land’ means—
‘‘(A) any land located within the bound-
aries of an Indian reservation, pueblo, or
rancheria;
‘‘(B) any land not located within the
boundaries of an Indian reservation, pueblo, or
rancheria, the title to which is held—
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‘‘(i) in trust by the United States for
the benefit of an Indian tribe or an indi-
vidual Indian;
‘‘(ii) by an Indian tribe or an indi-
vidual Indian, subject to restriction against
alienation under laws of the United States;
or
‘‘(iii) by a dependent Indian commu-
nity; and
‘‘(C) land that is owned by an Indian tribe
and was conveyed by the United States to a Na-
tive Corporation pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.),
or that was conveyed by the United States to a
Native Corporation in exchange for such land.
‘‘(3) The term ‘Indian reservation’ includes—
‘‘(A) an Indian reservation in existence in
any State as of the date of enactment of this
paragraph;
‘‘(B) a public domain Indian allotment;
and
‘‘(C) a dependent Indian community lo-
cated within the borders of the United States, re-
gardless of whether the community is located—
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‘‘(i) on original or acquired territory
of the community; or
‘‘(ii) within or outside the boundaries
of any particular State.
‘‘(4)(A) The term ‘Indian tribe’ has the meaning
given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C.
450b).
‘‘(B) For the purpose of paragraph (12) and sec-
tions 2603(b)(1)(C) and 2604, the term ‘Indian tribe’
does not include any Native Corporation.
‘‘(5) The term ‘integration of energy resources’
means any project or activity that promotes the loca-
tion and operation of a facility (including any pipe-
line, gathering system, transportation system or facil-
ity, or electric transmission or distribution facility)
on or near Indian land to process, refine, generate
electricity from, or otherwise develop energy resources
on, Indian land.
‘‘(6) The term ‘Native Corporation’ has the
meaning given the term in section 3 of the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1602).
‘‘(7) The term ‘organization’ means a partner-
ship, joint venture, limited liability company, or
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other unincorporated association or entity that is es-
tablished to develop Indian energy resources.
‘‘(8) The term ‘Program’ means the Indian en-
ergy resource development program established under
section 2602(a).
‘‘(9) The term ‘Secretary’ means the Secretary of
the Interior.
‘‘(10) The term ‘sequestration’ means the long-
term separation, isolation, or removal of greenhouse
gases from the atmosphere, including through a bio-
logical or geologic method such as reforestation or an
underground reservoir.
‘‘(11) The term ‘tribal energy resource develop-
ment organization’ means an organization of 2 or
more entities, at least 1 of which is an Indian tribe,
that has the written consent of the governing bodies
of all Indian tribes participating in the organization
to apply for a grant, loan, or other assistance under
section 2602.
‘‘(12) The term ‘tribal land’ means any land or
interests in land owned by any Indian tribe, title to
which is held in trust by the United States, or is sub-
ject to a restriction against alienation under laws of
the United States.
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‘‘SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOP-
MENT.
‘‘(a) DEPARTMENT OF THE INTERIOR PROGRAM.—
‘‘(1) To assist Indian tribes in the development
of energy resources and further the goal of Indian self-
determination, the Secretary shall establish and im-
plement an Indian energy resource development pro-
gram to assist consenting Indian tribes and tribal en-
ergy resource development organizations in achieving
the purposes of this title.
‘‘(2) In carrying out the Program, the Secretary
shall—
‘‘(A) provide development grants to Indian
tribes and tribal energy resource development or-
ganizations for use in developing or obtaining
the managerial and technical capacity needed to
develop energy resources on Indian land, and to
properly account for resulting energy production
and revenues;
‘‘(B) provide grants to Indian tribes and
tribal energy resource development organizations
for use in carrying out projects to promote the
integration of energy resources, and to process,
use, or develop those energy resources, on Indian
land;
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‘‘(C) provide low-interest loans to Indian
tribes and tribal energy resource development or-
ganizations for use in the promotion of energy
resource development on Indian land and inte-
gration of energy resources; and
‘‘(D) provide grants and technical assist-
ance to an appropriate tribal environmental or-
ganization, as determined by the Secretary, that
represents multiple Indian tribes to establish a
national resource center to develop tribal capac-
ity to establish and carry out tribal environ-
mental programs in support of energy-related
programs 
and 
activities 
under 
this 
title,
including—
‘‘(i) training programs for tribal envi-
ronmental officials, program managers, and
other governmental representatives;
‘‘(ii) the development of model environ-
mental policies and tribal laws, including
tribal environmental review codes, and the
creation and maintenance of a clearing-
house of best environmental management
practices; and
‘‘(iii) recommended standards for re-
viewing the implementation of tribal envi-
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ronmental laws and policies within tribal
judicial or other tribal appeals systems.
‘‘(3) There are authorized to be appropriated to
carry out this subsection such sums as are necessary
for each of fiscal years 2006 through 2016.
‘‘(b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU-
CATION PLANNING AND MANAGEMENT ASSISTANCE PRO-
GRAM.—
‘‘(1) The Director shall establish programs to as-
sist consenting Indian tribes in meeting energy edu-
cation, research and development, planning, and
management needs.
‘‘(2) In carrying out this subsection, the Director
may provide grants, on a competitive basis, to an In-
dian tribe or tribal energy resource development orga-
nization for use in carrying out—
‘‘(A) energy, energy efficiency, and energy
conservation programs;
‘‘(B) studies and other activities supporting
tribal acquisitions of energy supplies, services,
and facilities, including the creation of tribal
utilities to assist in securing electricity to pro-
mote electrification of homes and businesses on
Indian land;
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‘‘(C) planning, construction, development,
operation, maintenance, and improvement of
tribal electrical generation, transmission, and
distribution facilities located on Indian land;
and
‘‘(D) development, construction, and inter-
connection of electric power transmission facili-
ties located on Indian land with other electric
transmission facilities.
‘‘(3)(A) The Director shall develop a program to
support and implement research projects that provide
Indian tribes with opportunities to participate in
carbon sequestration practices on Indian land,
including—
‘‘(i) geologic sequestration;
‘‘(ii) forest sequestration;
‘‘(iii) agricultural sequestration; and
‘‘(iv) any other sequestration opportunities
the Director considers to be appropriate.
‘‘(B) The activities carried out under subpara-
graph (A) shall be—
‘‘(i) coordinated with other carbon seques-
tration research and development programs con-
ducted by the Secretary of Energy;