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(ii) an estimate of the production in-
crease and the duration of the production
increase from the project, as compared to
conventional recovery techniques, including
water flooding;
(iii) an estimate of the carbon dioxide
sequestered by project, over the life of the
project;
(iv) a plan to collect and disseminate
data relating to each project to be funded by
the grant;
(v) a description of the means by
which the project will be sustainable with-
out Federal assistance after the completion
of the term of the grant;
(vi) a complete description of the costs
of the project, including acquisition, con-
struction, operation, and maintenance costs
over the expected life of the project;
(vii) a description of which costs of the
project will be supported by Federal assist-
ance under this section; and
(viii) a description of any secondary
or tertiary recovery efforts in the field and
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the efficacy of water flood recovery tech-
niques used.
(3) PARTNERS.—An applicant for a grant under
paragraph (1) may carry out a project under a pilot
program in partnership with 1 or more other public
or private entities.
(4) SELECTION CRITERIA.—In evaluating appli-
cations under this subsection, the Secretary shall—
(A) consider the previous experience with
similar projects of each applicant;
(B) give priority consideration to applica-
tions that—
(i) are most likely to maximize produc-
tion of oil and gas in a cost-effective man-
ner;
(ii) sequester significant quantities of
carbon dioxide from anthropogenic sources;
(iii) demonstrate the greatest commit-
ment on the part of the applicant to ensure
funding for the proposed project and the
greatest likelihood that the project will be
maintained or expanded after Federal as-
sistance under this section is completed; and
(iv) minimize any adverse environ-
mental effects from the project.
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(5) 
DEMONSTRATION
PROGRAM
REQUIRE-
MENTS.—
(A) MAXIMUM
AMOUNT.—The Secretary
shall not provide more than $3,000,000 in Fed-
eral assistance under this subsection to any ap-
plicant.
(B) COST
SHARING.—The Secretary shall
require cost-sharing in accordance with section
1002.
(C) PERIOD OF GRANTS.—
(i) IN GENERAL.—A project funded by
a grant under this subsection shall begin
construction not later than 2 years after the
date of provision of the grant, but in any
case not later than December 31, 2010.
(ii) TERM.—The Secretary shall not
provide grant funds to any applicant under
this subsection for a period of more than 5
years.
(6) TRANSFER
OF
INFORMATION
AND
KNOWL-
EDGE.—The Secretary shall establish mechanisms to
ensure that the information and knowledge gained by
participants in the program under this subsection are
transferred among other participants and interested
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parties, including other applicants that submitted ap-
plications for a grant under this subsection.
(7) SCHEDULE.—
(A) PUBLICATION.—Not later than 180
days after the date of enactment of this Act, the
Secretary shall publish in the Federal Register,
and elsewhere, as appropriate, a request for ap-
plications to carry out projects under this sub-
section.
(B) DATE FOR APPLICATIONS.—An applica-
tion for a grant under this subsection shall be
submitted not later than 180 days after the date
of publication of the request under subparagraph
(A).
(C) SELECTION.—After the date by which
applications for grants are required to be sub-
mitted under subparagraph (B), the Secretary,
in a timely manner, shall select, after peer re-
view and based on the criteria under paragraph
(4), those projects to be awarded a grant under
this subsection.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
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SEC. 328. NO OIL PRODUCING AND EXPORTING CARTELS.
(a) SHORT TITLE.—This section may be cited as the
‘‘No Oil Producing and Exporting Cartels Act of 2005’’ or
‘‘NOPEC’’.
(b) SHERMAN ACT.—The Sherman Act (15 U.S.C. 1
et seq.) is amended by adding after section 7 the following:
‘‘SEC. 7A. OIL PRODUCING CARTELS.
‘‘(a) IN GENERAL.—It shall be illegal and a violation
of this Act for any foreign state, or any instrumentality
or agent of any foreign state, to act collectively or in com-
bination with any other foreign state, any instrumentality
or agent of any other foreign state, or any other person,
whether by cartel or any other association or form of co-
operation or joint action—
‘‘(1) to limit the production or distribution of
oil, natural gas, or any other petroleum product;
‘‘(2) to set or maintain the price of oil, natural
gas, or any petroleum product; or
‘‘(3) to otherwise take any action in restraint of
trade for oil, natural gas, or any petroleum product;
when such action, combination, or collective action has a
direct, substantial, and reasonably foreseeable effect on the
market, supply, price, or distribution of oil, natural gas,
or other petroleum product in the United States.
‘‘(b) SOVEREIGN IMMUNITY.—A foreign state engaged
in conduct in violation of subsection (a) shall not be im-
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mune under the doctrine of sovereign immunity from the
jurisdiction or judgments of the courts of the United States
in any action brought to enforce this section.
‘‘(c) INAPPLICABILITY OF ACT OF STATE DOCTRINE.—
No court of the United States shall decline, based on the
act of state doctrine, to make a determination on the merits
in an action brought under this section.
‘‘(d) ENFORCEMENT.—The Attorney General of the
United States and the Federal Trade Commission may
bring an action to enforce this section in any district court
of the United States as provided under the antitrust laws.’’.
(c) SOVEREIGN IMMUNITY.—Section 1605(a) of title
28, United States Code, is amended—
(1) in paragraph (6), by striking ‘‘or’’ after the
semicolon;
(2) in paragraph (7), by striking the period and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(8) in which the action is brought under section
7A of the Sherman Act.’’.
Subtitle C—Access to Federal Land
SEC. 341. FEDERAL ONSHORE OIL AND GAS LEASING PRAC-
TICES.
(a) REVIEW OF ONSHORE OIL AND GAS LEASING
PRACTICES.—The Secretary of the Interior shall make the
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necessary arrangements with the National Academy of Pub-
lic Administration to commission the Academy to perform
a review of Federal onshore oil and gas leasing practices.
The Secretary of the Interior shall conduct an internal re-
view concurrent with the work of the National Academy of
Public Administration. The reviews shall include the fol-
lowing:
(1) The process by which Federal land managers
accept or reject an offer to lease, including the time-
frames in which such offers are acted upon, and any
recommendations for improving and expediting the
process.
(2) The process for considering applications for
permits to drill, including the timeframes in which
such applications are considered, and any rec-
ommendations for improving and expediting the proc-
ess.
(3) The process for considering surface use plans
of operation, including the timeframes in which such
plans are considered, and any recommendations for
improving and expediting the process.
(4) The process for administrative appeal of de-
cisions or orders of officers or employees of the Bu-
reau of Land Management with respect to a Federal
oil or gas lease, including the timeframes in which
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such appeals are heard and decided, and any rec-
ommendations for improving and expediting the proc-
ess.
(5) The process by which Federal land managers
identify stipulations to address site-specific concerns
and conditions, including those relating to the envi-
ronment and resource use conflicts, whether stipula-
tions are effective in addressing resource values, and
any recommendations for expediting and improving
the identification and effectiveness of stipulations.
(6) The process by which the Federal land man-
agement agencies coordinate planning and analysis
with planning of Federal, State, and local agencies
having jurisdiction over adjacent areas and other
land uses, and any recommendations for improving
and expediting the process.
(7) The documentation provided to lease appli-
cants and lessees with respect to determinations to re-
ject lease applications or to require modification of
proposed surface use plans of operation and rec-
ommendations regarding improvement of such docu-
mentation to more clearly set forth the basis for the
decision.
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(8) The adequacy of resources available to the
Secretary of the Interior for administering the Fed-
eral onshore oil and gas leasing program.
(9) Actions taken by the Secretary under section
3 of Executive Order No. 13212 (42 U.S.C. 13201
note).
(10) Actions taken by, or plans of, the Secretary
to improve the Federal onshore oil and gas leasing
program.
(b) REPORT.—The Secretary of the Interior and the
National Academy of Public Administration shall report to
the Committee on Resources of the House of Representatives
and to the Committee on Energy and Natural Resources
of the Senate not later than 18 months after the date of
the enactment of this Act, summarizing the findings of their
respective reviews undertaken pursuant to this section and
making recommendations with respect to improvements in
the Federal onshore oil and gas leasing program.
SEC. 342. MANAGEMENT OF FEDERAL OIL AND GAS LEAS-
ING PROGRAMS.
(a) TIMELY ACTION ON LEASES AND PERMITS.—
(1) SECRETARY OF THE INTERIOR.—To ensure
timely action on oil and gas leases and applications
for permits to drill on land otherwise available for
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leasing, the Secretary of the Interior (referred to in
this section as the ‘‘Secretary’’) shall—
(A) ensure expeditious compliance with sec-
tion 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) and
any other applicable environmental and cultural
resources laws;
(B) improve consultation and coordination
with the States and the public; and
(C) improve the collection, storage, and re-
trieval of information relating to the oil and gas
leasing activities.
(2) SECRETARY OF AGRICULTURE.—To ensure
timely action on oil and gas lease applications for
permits to drill on land otherwise available for leas-
ing, the Secretary of Agriculture shall—
(A) ensure expeditious compliance with all
applicable environmental and cultural resources
laws; and
(B) improve the collection, storage, and re-
trieval of information relating to the oil and gas
leasing activities.
(b) BEST MANAGEMENT PRACTICES.—
(1) IN
GENERAL.—Not later than 18 months
after the date of enactment of this Act, the Secretary
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shall develop and implement best management prac-
tices to—
(A) improve the administration of the on-
shore oil and gas leasing program under the
Mineral Leasing Act (30 U.S.C. 181 et seq.); and
(B) ensure timely action on oil and gas
leases and applications for permits to drill on
land otherwise available for leasing.
(2) REGULATIONS.—Not later than 180 days
after the development of the best management prac-
tices under paragraph (1), the Secretary shall pub-
lish, for public comment, proposed regulations that set
forth specific timeframes for processing leases and ap-
plications in accordance with the best management
practices, including deadlines for—
(A) approving or disapproving—
(i) resource management plans and re-
lated documents;
(ii) lease applications;
(iii) applications for permits to drill;
and
(iv) surface use plans; and
(B) related administrative appeals.
(c) IMPROVED ENFORCEMENT.—The Secretary and the
Secretary Agriculture shall improve inspection and enforce-
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ment of oil and gas activities, including enforcement of
terms and conditions in permits to drill on land under the
jurisdiction of the Secretary and the Secretary of Agri-
culture, respectively.
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts made available to carry out activities relat-
ing to oil and gas leasing on public land administered by
the Secretary and National Forest System land adminis-
tered by the Secretary of Agriculture, there are authorized
to be appropriated for each of fiscal years 2006 through
2010—
(1) to the Secretary, acting through the Director
of the Bureau of Land Management—
(A) $40,000,000 to carry out subsections
(a)(1) and (b); and
(B) $20,000,000 to carry out subsection (c);
(2) to the Secretary, acting through the Director
of the United States Fish and Wildlife Service,
$5,000,000 to carry out subsection (a)(1); and
(3) to the Secretary of Agriculture, acting
through the Chief of the Forest Service, $5,000,000 to
carry out subsections (a)(2) and (c).
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SEC. 343. CONSULTATION REGARDING OIL AND GAS LEAS-
ING ON PUBLIC LAND.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary of the Interior
and the Secretary of Agriculture shall enter into a memo-
randum of understanding regarding oil and gas leasing
on—
(1) public land under the jurisdiction of the Sec-
retary of the Interior; and
(2) National Forest System land under the juris-
diction of the Secretary of Agriculture.
(b) CONTENTS.—The memorandum of understanding
shall include provisions that—
(1) establish administrative procedures and lines
of authority that ensure timely processing of—
(A) oil and gas lease applications;
(B) surface use plans of operation, includ-
ing steps for processing surface use plans; and
(C) applications for permits to drill, includ-
ing applications for permits to drill consistent
with applicable timelines;
(2) eliminate duplication of effort by providing
for coordination of planning and environmental com-
pliance efforts;
(3) ensure that lease stipulations are—
(A) applied consistently;
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(B) coordinated between agencies; and
(C) only as restrictive as necessary to pro-
tect the resource for which the stipulations are
applied;
(4) establish a joint data retrieval system that is
capable of—
(A) tracking applications and formal re-
quests made in accordance with procedures of the
Federal onshore oil and gas leasing program;
and
(B) providing information regarding the
status of the applications and requests within the
Department of the Interior and the Department
of Agriculture; and
(5) establish a joint geographic information sys-
tem mapping system for use in—
(A) tracking surface resource values to aid
in resource management; and
(B) processing surface use plans of oper-
ation and applications for permits to drill.
SEC. 344. PILOT PROJECT TO IMPROVE FEDERAL PERMIT
COORDINATION.
(a) ESTABLISHMENT.—The Secretary of the Interior
(referred to in this section as the ‘‘Secretary’’) shall estab-
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lish a Federal Permit Streamlining Pilot Project (referred
to in this section as the ‘‘Pilot Project’’).
(b) MEMORANDUM OF UNDERSTANDING.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall
enter into a memorandum of understanding for pur-
poses of this section with—
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Chief of Engineers.
(2) STATE PARTICIPATION.—The Secretary may
request that the Governors of Wyoming, Montana,
Colorado, Utah, and New Mexico be signatories to the
memorandum of understanding.
(c) DESIGNATION OF QUALIFIED STAFF.—
(1) IN GENERAL.—Not later than 30 days after
the date of the signing of the memorandum of under-
standing under subsection (b), all Federal signatory
parties shall, if appropriate, assign to each of the
field offices identified in subsection (d) an employee
who has expertise in the regulatory issues relating to
the office in which the employee is employed, includ-
ing, as applicable, particular expertise in—
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(A) the consultations and the preparation of
biological opinions under section 7 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal
Water Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air
Act (42 U.S.C. 7401 et seq.);
(D) planning under the National Forest
Management Act of 1976 (16 U.S.C. 472a et
seq.); and
(E) the preparation of analyses under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) DUTIES.—Each employee assigned under
paragraph (1) shall—
(A) not later than 90 days after the date of
assignment, report to the Bureau of Land Man-
agement Field Managers in the office to which
the employee is assigned;
(B) be responsible for all issues relating to
the jurisdiction of the home office or agency of
the employee; and
(C) participate as part of the team of per-
sonnel working on proposed energy projects,
planning, and environmental analyses.
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(d) FIELD OFFICES.—The following Bureau of Land
Management Field Offices shall serve as the Pilot Project
offices:
(1) Rawlins, Wyoming.
(2) Buffalo, Wyoming.
(3) Miles City, Montana
(4) Farmington, New Mexico.
(5) Carlsbad, New Mexico.
(6) Grand Junction/Glenwood Springs, Colorado.
(7) Vernal, Utah.
(e) REPORTS.—Not later than 3 years after the date
of enactment of this Act, the Secretary shall submit to Con-
gress a report that—
(1) outlines the results of the Pilot Project to
date; and
(2) makes a recommendation to the President re-
garding whether the Pilot Project should be imple-
mented throughout the United States.
(f) ADDITIONAL PERSONNEL.—The Secretary shall as-
sign to each field office identified in subsection (d) any ad-
ditional personnel that are necessary to ensure the effective
implementation of—
(1) the Pilot Project; and
(2) other programs administered by the field of-
fices, including inspection and enforcement relating
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to energy development on Federal land, in accordance
with the multiple use mandate of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701
et seq).
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary such sums as are nec-
essary to carry out this section for each of fiscal years
2006 through 2010.
(2) TRANSFER OF FUNDS.—For the purposes of
coordination and processing of oil and gas use au-
thorizations on Federal land under the administra-
tion of the Pilot Project offices identified in subsection
(d), the Secretary may authorize the expenditure or
transfer of such funds as are necessary to—
(A) the United States Fish and Wildlife
Service;
(B) the Bureau of Indian Affairs;
(C) the Forest Service;
(D) the Environmental Protection Agency;
(E) the Corps of Engineers; and
(F) the States of Wyoming, Montana, Colo-
rado, Utah, and New Mexico.
(h) SAVINGS PROVISION.—Nothing in this section
affects—
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(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head
of a Federal agency whose employees are partici-
pating in the Pilot Project.
SEC. 345. ENERGY FACILITY RIGHTS-OF-WAYS AND COR-
RIDORS ON FEDERAL LAND.
(a) DEFINITIONS.—In this section:
(1) CORRIDOR.—In this section and section 503
of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1763), the term ‘‘corridor’’ means—
(A) a linear strip of land—
(i) with a width determined with con-
sideration given to technological, environ-
mental, and topographical factors; and
(ii) that contains, or may in the future
contain, 1 or more utility facilities;
(B) a land use designation that is
established—
(i) by law;
(ii) by order of the head of a Federal
agency;
(iii) through the land use planning
process; or
(iv) by other management decision;
and
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(C) a designation made for the purpose of
establishing the preferred location of a compat-
ible utility facility.
(2) FEDERAL AUTHORIZATION.—
(A) IN GENERAL.—The term ‘‘Federal au-
thorization’’ means any authorization required
under Federal law in order to site a utility facil-
ity.
(B) INCLUSIONS.—The term ‘‘Federal au-
thorization’’ includes such permits, special use
authorizations, certifications, opinions, or other
approvals as may be required, that are issued by
a Federal agency.
(3) FEDERAL LAND.—
(A) IN GENERAL.—The term ‘‘Federal land’’
means all land owned by the United States.
(B) 
EXCLUSIONS.—The 
term 
‘‘Federal
land’’ does not include land—
(i) within the National Park System;
(ii) within the National Wilderness
Preservation System;
(iii) designated as a National Monu-
ment;
(iv) held in trust for an Indian or In-
dian tribe; or
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(v) on the outer Continental Shelf.
(4) UTILITY CORRIDOR.—The term ‘‘utility cor-
ridor’’ means any linear strip of land across Federal
land referred to in subsection (b) of approved width,
but limited for use by a utility facility by techno-
logical, environmental, or topographical factors.
(5) UTILITY FACILITY.—The term ‘‘utility facil-
ity’’ means any privately-, publicly-, or coopera-
tively-owned line, facility, or system—
(A) for the transportation of—
(i) oil or natural gas, synthetic liquid
or gaseous fuel, or any refined product pro-
duced from any of those materials; or
(ii) products in support of production,
or for storage or terminal facilities in con-
nection with production; or
(B) for the generation, transmission, or dis-
tribution of electric energy.
(b) UTILITY CORRIDORS.—
(1) IN GENERAL.—Not later than 2 years after
the document described in subsection (c)(3) is com-
pleted, the Secretary of the Interior, with respect to
public lands (as defined in section 103(e) of the Fed-
eral Land Policy and Management Act of 1976 (43
U.S.C. 1702(e)), and the Secretary of Agriculture,
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with respect to National Forest System land, shall
designate utility corridors pursuant to—
(A) section 503 of the Federal Land Policy
and Management Act (43 U.S.C. 1763) in the 11
contiguous Western States (as identified in sec-
tion 103(o) of that Act (43 U.S.C. 1702(o))); and
(B) relevant departmental and agency land
use and resource management plans or equiva-
lent plans.
(2) COORDINATION.—The Secretary shall coordi-
nate with affected Federal agencies to jointly—
(A) identify potential utility corridors on
Federal land in States not described in para-
graph (1)(A); and
(B) develop a schedule for the designation,
environmental review, and incorporation of the
utility corridors into relevant departmental and
agency land use and resource management plans
or equivalent plans.
(3) SPECIFICATIONS OF CORRIDOR.—A corridor
designated under this section shall specify the center-
line, width, and compatible uses of the corridor.
(c) FEDERAL PERMIT COORDINATION.—
(1) IN GENERAL.—The Secretary shall enter into
a memorandum of understanding with the Secretary
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of the Interior, the Secretary of Agriculture, and the
Secretary of Defense for the purpose of coordinating
all applicable Federal authorizations and environ-
mental reviews relating to a proposed or existing util-
ity facility.
(2) ADDITIONAL
ENTITIES.—To the maximum
extent practicable under applicable law, the Secretary
shall coordinate the process developed through the
memorandum of understanding under paragraph (1)
with any Indian tribes, multistate entities, and State
agencies that are responsible for conducting any sepa-
rate permitting and environmental reviews of the af-
fected utility facility to ensure timely review and per-
mit decisions.
(3) CONTENTS OF MOU.—The memorandum of
understanding under paragraph (1) shall provide
for—
(A) coordination, among affected Federal
agencies, to ensure that the necessary Federal
authorizations—
(i) are conducted concurrently with
applicable State siting processes; and
(ii) are considered within a specific
time frame identified within the memo-
randum of understanding;
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(B) an agreement among the affected Fed-
eral agencies to prepare a programmatic envi-
ronmental review document to be used as the un-
derlying basis for all Federal authorization deci-
sions; and
(C) a process to expedite applications to
construct or modify utility facilities within util-
ity corridors.
SEC. 346. OIL SHALE AND TAR SANDS.
(a) DECLARATION OF POLICY.—Congress declares that
it is the policy of the United States that—
(1) United States oil shale and tar sands are
strategically important domestic resources that should
be developed through methods that help reduce the
growing dependence of the United States on politi-
cally and economically unstable sources of foreign oil
imports;
(2) the development of oil shale and tar sands,
for research and commercial development, should be
conducted in an economically feasible and environ-
mentally sound manner, using practices that mini-
mize impacts;
(3) development should occur at a deliberate
pace, with an emphasis on sustainability, to benefit
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the United States while taking into account affected
States and communities; and
(4) the Secretary of the Interior should work to-
ward developing a commercial leasing program for oil
shale and tar sands so that such a program can be
implemented when production technologies are com-
mercially viable.
(b) LEASING PROGRAM.—
(1) RESEARCH AND DEVELOPMENT.—
(A) IN GENERAL.—In accordance with sec-
tion 21 of the Mineral Leasing Act (30 U.S.C.
241) and any other applicable law, except as
provided in this section, not later than 1 year
after the date of enactment of this Act, from land
otherwise available for leasing, the Secretary of
the Interior (referred to in this section as the
‘‘Secretary’’) shall, for a period determined by
the Secretary, make available for leasing such
land as the Secretary considers to be necessary
to conduct research and development activities
with respect to innovative technologies for the re-
covery of shale oil from oil shale resources on
public land.
(B) APPLICATION.—The Secretary may
offer to lease the land to persons that submit an
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application for the lease, if the Secretary deter-
mines that there is no competitive interest in the
land.
(C) ADMINISTRATION.—In carrying out this
paragraph, the Secretary shall—
(i) provide for environmentally sound
research and development of oil shale;
(ii) provide for an appropriate return
to the public, as determined by the Sec-
retary;
(iii) before carrying out any activity
that will disturb the surface of land, provide
for an adequate bond, surety, or other fi-
nancial arrangement to ensure reclamation;
(iv) provide for a primary lease term
of 10 years, after which the lease term may
be extended if the Secretary determines that
diligent research and development activities
are occurring on the land leased;
(v) require the owner or operator of a
project under this subsection, within such
period as the Secretary may determine—
(I) to submit a plan of operations;
(II) to develop an environmental
protection plan; and
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(III) to undertake diligent re-
search and development activities;
(vi) ensure that leases under this sec-
tion are not larger than necessary to con-
duct research and development activities
under an application under subparagraph
(B);
(vii) provide for consultation with af-
fected State and local governments; and
(viii) provide for such requirements as
the Secretary determines to be in the public
interest.
(2) COMMERCIAL LEASING.—Prior to conducting
commercial leasing, the Secretary shall carry out—
(A) the programmatic environmental im-
pact statement required under subsection (c);
and
(B) the analysis required under subsection
(d).
(3) MONEYS RECEIVED.—Any moneys received
from a leasing activity under this subsection shall be
paid in accordance with section 35 of the Mineral
Leasing Act (30 U.S.C. 191).
(c) PROGRAMMATIC ENVIRONMENTAL IMPACT STATE-
MENT.—Not later than 18 months after the date of enact-
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ment of this Act, in accordance with section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), the Secretary shall complete a programmatic
environmental impact statement that analyzes potential
leasing for commercial development of oil shale resources
on public land.
(d) ANALYSIS OF POTENTIAL LEASING PROGRAM.—
(1) IN
GENERAL.—Not later than 18 months
after the date of enactment of this Act, the Secretary
shall submit to Congress a report (including rec-
ommendations) analyzing a potential leasing pro-
gram for the commercial development of oil shale on
public land.
(2) INCLUSIONS.—The report under paragraph
(1) shall include—
(A) an analysis of technologies and research
and development programs for the production of
oil and other materials from oil shale and tar
sands in existence on the date on which the re-
port is prepared;
(B) an analysis of—
(i) whether leases under the program
should be issued on a competitive basis;
(ii) the term of the leases;
(iii) the maximum size of the leases;
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(iv) the use and distribution of bonus
bid lease payments;
(v) the royalty rate to be applied, in-
cluding whether a sliding scale royalty rate
should be used;
(vi) whether an opportunity should be
provided to convert research and develop-
ment leases into leases for commercial devel-
opment, including the terms and conditions
that should apply to the conversion;
(vii) the maximum number of leases
and maximum acreage to be leased under
the leasing program to an individual; and
(viii) any infrastructure required to
support oil shale development in industry
and communities;
(C) an identification of events that should
serve as a precursor to commercial leasing, in-
cluding development of environmentally and
commercially viable technologies, and the com-
pletion of land use planning and environmental
reviews; and
(D) an analysis, developed in conjunction
with the appropriate State water resource agen-
cies, of the demand for, and availability of,
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water with respect to the development of oil shale
and tar sands.
(3) PUBLIC PARTICIPATION.—In preparing the
report under this subsection, the Secretary shall pro-
vide notice to, and solicit comment from—
(A) the public;
(B) representatives of local governments;
(C) representatives of industry; and
(D) other interested parties.
(4) PARTICIPATION
BY
CERTAIN
STATES.—In
preparing the report under this subsection, the Sec-
retary shall—
(A) provide notice to, and solicit comment
from, the Governors of the States of Colorado,
Utah, and Wyoming; and
(B) incorporate into the report submitted to
Congress under paragraph (1) any response of
the Secretary to those comments.
(e) OIL SHALE AND TAR SANDS TASK FORCE.—
(1) ESTABLISHMENT.—The Secretary of Energy,
in cooperation with the Secretary of the Interior,
shall establish an Oil Shale and Tar Sands Task
Force to develop a program to coordinate and accel-
erate the commercial development of oil shale and tar
sands in an integrated manner.
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(2) COMPOSITION.—The Task Force shall be com-
posed of—
(A) the Secretary of Energy (or the designee
of the Secretary of Energy);
(B) the Secretary of Defense (or the designee
of the Secretary of Defense);
(C) the Secretary of the Interior (or the des-
ignee of the Secretary of the Interior);
(D) the Governors of the affected States; and
(E) representatives of local governments in
affected areas.
(3) DEVELOPMENT OF A 5-YEAR PLAN.—
(A) IN
GENERAL.—The Task Force shall
formulate a 5-year plan to promote the develop-
ment of oil shale and tar sands.
(B) 
COMPONENTS.—In 
formulating 
the
plan, the Task Force shall—
(i) identify public actions that are re-
quired to stimulate prudent development of
oil shale and tar sands;
(ii) analyze the costs and benefits of
those actions;
(iii) 
make 
recommendations 
con-
cerning specific actions that should be taken
to stimulate prudent development of oil
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shale and tar sands, including economic,
investment, tax, technology, research and
development, infrastructure, environmental,
education, and socio-economic actions;
(iv) consult with representatives of in-
dustry and other stakeholders;
(v) provide notice and opportunity for
public comment on the plan;
(vi) identify oil shale and tar sands
technologies that—
(I) are ready for pilot plant and
semiworks development; and
(II) have a high probability of
leading to advanced technology for
first- or second-generation commercial
production; and
(vii) assess the availability of water
from the Green River Formation to meet the
potential needs of oil shale and tar sands
development.
(4) NATIONAL
PROGRAM
OFFICE.—The Task
Force shall analyze and make recommendations re-
garding the need for a national program office to ad-
minister the plan.
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(5) PARTNERSHIP.—The Task Force shall rec-
ommend whether to initiate a partnership with Al-
berta, Canada, for purposes of sharing information
relating to the development and production of oil
from tar sands.
(6) REPORTS.—
(A) INITIAL REPORT.—Not later than 180
days after the date of enactment of this Act, the
Task Force shall submit to the President and
Congress a report that describes the analysis and
recommendations of the Task Force and contains
the 5-year plan.
(B) SUBSEQUENT REPORTS.—The Secretary
of Energy shall provide an annual report de-
scribing the progress in carrying out the plan for
each of the 5 years following submission of the
report provided for in subparagraph (A).
(f) MINERAL LEASING ACT AMENDMENTS.—Section
21(a) of the Mineral Leasing Act (30 U.S.C. 241(a)) is
amended—
(1) by designating the first, second, and third
sentences as paragraphs (1), (2), and (3), respectively;
and
(2) in paragraph (3) (as designated by para-
graph (1))—
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(A) by striking ‘‘rate of 50 cents per acre’’
and inserting ‘‘rate of $2.00 per acre’’; and
(B) in the last proviso—
(i) by striking ‘‘That not more than
one lease shall be granted under this section
to any’’ and inserting ‘‘That no’’; and
(ii) by striking ‘‘except that with re-
spect to leases for’’ and inserting ‘‘shall ac-
quire or hold more than 25,000 acres of oil
shale leases in the United States. For’’.
(g) 
COST-SHARED
DEMONSTRATION
TECH-
NOLOGIES.—
(1) IDENTIFICATION.—The Secretary of Energy
shall identify technologies for the development of oil
shale and tar sands that—
(A) are ready for demonstration at a com-
mercially-representative scale; and
(B) have a high probability of leading to
commercial production.
(2) ASSISTANCE.—For each technology identified
under paragraph (1), the Secretary of Energy may
provide—
(A) technical assistance;
(B) assistance in meeting environmental
and regulatory requirements; and
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(C) cost-sharing assistance in accordance
with section 1002.
(h) TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—The Secretary of Energy may
provide technical assistance for the purpose of over-
coming technical challenges to the development of oil
shale and tar sands technologies for application in the
United States.
(2) ADMINISTRATION.—The Secretary of Energy
may provide technical assistance under this section
on a cost-shared basis in accordance with section
1002.
(i) NATIONAL OIL SHALE ASSESSMENT.—
(1) ASSESSMENT.—
(A) IN
GENERAL.—The Secretary shall
carry out a national assessment of oil shale re-
sources for the purposes of evaluating and map-
ping oil shale deposits, in the geographic areas
described in subparagraph (B).
(B) GEOGRAPHIC AREAS.—The geographic
areas referred to in subparagraph (A), listed in
the order in which the Secretary shall assign pri-
ority, are—
(i) the Green River Region of the
States of Colorado, Utah, and Wyoming;
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(ii) the Devonian oil shales of the east-
ern United States; and
(iii) any remaining area in the central
and western United States (including the
State of Alaska) that contains oil shale, as
determined by the Secretary.
(2) USE
OF
STATE
SURVEYS
AND
UNIVER-
SITIES.—In carrying out the assessment under para-
graph (1), the Secretary may request assistance from
any State-administered geological survey or univer-
sity.
(j) STATE WATER RIGHTS.—Nothing in this section
preempts or affects any State water law or interstate com-
pact relating to water.
(k) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
SEC. 347. FINGER LAKES WITHDRAWAL.
All Federal land within the boundary of Finger Lakes
National Forest in the State of New York is withdrawn
from—
(1) all forms of entry, appropriation, or disposal
under the public land laws; and
(2) disposition under all laws relating to oil and
gas leasing.
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SEC. 348. REINSTATEMENT OF LEASES.
Notwithstanding section 31(d)(2)(B) of the Mineral
Leasing Act (30 U.S.C. 188(d)(2)(B)), the Secretary may
reinstate any oil and gas lease issued under that Act that
was terminated for failure of a lessee to pay the full amount
of rental on or before the anniversary date of the lease, dur-
ing the period beginning on September 1, 2001, and ending
on June 30, 2004, if—
(1) not later than 120 days after the date of en-
actment of this Act, the lessee—
(A) files a petition for reinstatement of the
lease;
(B) complies with the conditions of section
31(e) of the Mineral Leasing Act (30 U.S.C.
188(e)); and
(C) certifies that the lessee did not receive a
notice of termination by the date that was 13
months before the date of termination; and
(2) the land is available for leasing.
Subtitle D—Coastal Programs
SEC. 371. COASTAL IMPACT ASSISTANCE PROGRAM.
Section 31 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356a) is amended to read as follows:
‘‘SEC. 31. COASTAL IMPACT ASSISTANCE PROGRAM.
‘‘(a) DEFINITIONS.—In this section: