293 
essing an eligible feedstock with a feedstock that is 
not biomass.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘The Secretary shall 
continue’’ and all that follows through ‘‘the 
Secretary makes’’ and inserting ‘‘The Sec-
retary shall make’’; and 
(ii) by striking ‘‘eligible commodities’’ 
and inserting ‘‘eligible feedstock’’; 
(B) in paragraph (2)(B), by striking ‘‘eligi-
ble commodities’’ and inserting ‘‘eligible feed-
stock’’; 
(C) in paragraph (3), by striking subpara-
graphs (B) and (C) and inserting the following: 
‘‘(B) PRIORITY.—In making payments 
under this paragraph, the Secretary shall give 
priority to contracts by considering the factors 
referred to in section 9003(e)(2)(B).’’; and 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) LIMITATION.—The Secretary may limit 
the amount of payments that may be received by an 
eligible producer under this section as the Secretary 
considers appropriate.’’; and
294 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) FUNDING.— 
‘‘(1) IN GENERAL.—Of the funds of the Com-
modity Credit Corporation, the Secretary of Agri-
culture shall use to carry out this section— 
‘‘(A) $150,000,000 for fiscal year 2008; 
‘‘(B) $150,000,000 for fiscal year 2009; 
‘‘(C) $170,000,000 for fiscal year 2010; 
‘‘(D) $180,000,000 for fiscal year 2011; 
and 
‘‘(E) $286,000,000 for fiscal year 2012. 
‘‘(2) CONTINUATION OF OPERATIONS.— 
‘‘(A) FUNDING.—The Secretary shall con-
tinue to carry out this section at the rate of op-
eration in effect on September 30, 2012, from 
sums in the Treasury not otherwise appro-
priated, through September 30, 2017. 
‘‘(B) AUTHORITY.—The program and au-
thorities provided under this section shall con-
tinue in force and effect through September 30, 
2017.’’.
295 
SEC. 5009. RESEARCH, EXTENSION, AND EDUCATIONAL 
PROGRAMS ON BIOBASED ENERGY TECH-
NOLOGIES AND PRODUCTS. 
Section 9011(j)(1)(C) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8109(j)(1)(C)) 
is amended by striking ‘‘2010’’ and inserting ‘‘2012’’. 
SEC. 5010. ENERGY COUNCIL OF THE DEPARTMENT OF AG-
RICULTURE. 
Title IX of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8101 et seq.) is further amended 
by adding at the end the following new section: 
‘‘SEC. 9012. ENERGY COUNCIL OF THE DEPARTMENT OF AG-
RICULTURE. 
‘‘(a) IN GENERAL.—The Secretary of Agriculture 
shall establish an energy council in the Office of the Sec-
retary (in this section referred to as the ‘Council’) to co-
ordinate the energy policy of the Department of Agri-
culture and consult with other departments and agencies 
of the Federal Government. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Secretary shall appoint 
the members of the Council from among the staff of 
the agencies and mission areas of the Department of 
Agriculture with responsibilities relating to energy 
programs or policies.
296 
‘‘(2) CHAIR.—The chief economist and the 
Under Secretary for Rural Development of the De-
partment of Agriculture shall serve as the Chairs of 
the Council. 
‘‘(c) DUTIES OF OFFICE OF ENERGY POLICY AND 
NEW USES.—The Office of Energy Policy and New Uses 
of the Department of Agriculture shall support the activi-
ties of the Council.’’. 
SEC. 5011. FOREST BIOENERGY RESEARCH PROGRAM. 
Title IX of the Farm Security and Rural Investment 
Act of 2002 (7 U.S.C. 8101 et seq.) is further amended 
by adding at the end the following new section: 
‘‘SEC. 9013. FOREST BIOENERGY RESEARCH PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary of Agriculture, 
working through the Forest Service, in cooperation with 
other Federal agencies, land grant colleges and univer-
sities, and private entities, shall conduct a competitive re-
search and development program to encourage new forest- 
to-energy technologies. The Secretary may use grants, co-
operative agreements, and other methods to partner with 
cooperating entities on projects that the Secretary deter-
mines shall best promote new forest-to-energy tech-
nologies. 
‘‘(b) PRIORITY FOR PROJECT SELECTION.—The Sec-
retary shall give priority to projects that—
297 
‘‘(1) develop technology and techniques to use 
low value forest materials, such as byproducts of for-
est health treatments and hazardous fuel reduction, 
for the production of energy; 
‘‘(2) develop processes for the conversion of cel-
lulosic forest materials that integrate production of 
energy into existing manufacturing steams or in in-
tegrated forest biorefineries; 
‘‘(3) develop new transportation fuels that use 
forest materials as a feedstock for the production of 
such fuels; or 
‘‘(4) improve the of growth and yield of trees 
for the purpose of renewable energy and other forest 
product use. 
‘‘(c) FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary of Agriculture shall 
make available to carry out this section— 
‘‘(1) $4,000,000 for fiscal year 2008; 
‘‘(2) $6,000,000 for fiscal year 2009; 
‘‘(3) $7,000,000 for fiscal year 2010; 
‘‘(4) $9,000,000 for fiscal year 2011; and 
‘‘(5) $10,000,000 for fiscal year 2012.’’.
347 
(2) the degree of participation by employees of 
each such entity in teleworking during the 12-month 
period covered by the report; 
(3) for each executive agency— 
(A) the number of employees in the agen-
cy; 
(B) the number of those employees who 
are eligible to telework; 
(C) the number of employees who engage 
on a regular basis in teleworking; and 
(D) the number of employees who engage 
on an occasional or sporadic basis (at least one 
day per month) in teleworking; and 
(4) for each executive agency, an assessment of 
agency compliance with this subtitle. 
SEC. 6306 DEFINITIONS. 
In this subtitle: 
(1) EMPLOYEE.—The term ‘‘employee’’ has the 
meaning given that term by section 8101(1) of title 
5, United States Code. 
(2) EXECUTIVE AGENCY.—The term ‘‘Executive 
agency’’ has the meaning given that term by section 
105 of title 5, United States Code. 
(3) TELEWORK.—The term ‘‘telework’’ means a 
work arrangement in which an employee regularly
348 
performs officially assigned duties at home or other 
worksites geographically convenient to the residence 
of the employee that— 
(A) reduces or eliminates the employee’s 
commute between his or her residence and his 
or her place of employment; and 
(B) occurs at least 2 business days per 
week in at least 48 weeks in a year. 
TITLE 
VII—NATURAL 
RE-
SOURCES COMMITTEE PROVI-
SIONS 
SEC. 7001. SHORT TITLE. 
This title may be cited as the ‘‘Energy Policy Reform 
and Revitalization Act of 2007’’. 
Subtitle A—Energy Policy Act of 
2005 Reforms 
SEC. 7101. FISCALLY RESPONSIBLE ENERGY AMENDMENTS. 
(a) REQUIREMENT TO ESTABLISH COST RECOVERY 
FEE.—Section 365(i) of the Energy Policy Act of 2005 
(Public Law 109–58; 42 U.S.C. 15924(i)) is amended to 
read as follows: 
‘‘(i) FEE
FOR APPLICATIONS
FOR PERMITS
TO 
DRILL.— 
‘‘(1) REQUIREMENT TO ESTABLISH COST RE-
COVERY FEE.—The Secretary of the Interior shall
349 
promulgate regulations to establish a cost recovery 
fee for applications for a permit to drill for oil and 
gas on Federal lands administered by the Secretary. 
‘‘(2) TEMPORARY FEE.—Until such time as a 
fee is established by such regulations, the Secretary 
shall charge a cost recovery fee of $1,700 for each 
such application received on or after October 1, 
2007. 
‘‘(3) DEPOSIT AND USE.—Amounts received by 
the United States in the form of the fee established 
under this subsection— 
‘‘(A) shall be available to the Secretary of 
the Interior to administer permit processing; 
and 
‘‘(B) shall be treated as offsetting re-
ceipts.’’. 
(b) REPEAL
OF BLM PERMIT PROCESSING IM-
PROVEMENT FUND.— 
(1) REPEAL.—Section 35 of the Mineral Leas-
ing Act (30 U.S.C. 191) is amended by striking sub-
section (c). 
(2) TREATMENT OF BALANCE.—Any balances 
remaining in the BLM Permit Processing Improve-
ment Fund on the effective date of this subsection
350 
shall be transferred to the general fund of the 
Treasury of the United States. 
(3) EFFECTIVE
DATE.—This subsection shall 
take effect on October 1, 2007. 
SEC. 7102. EXTENSION OF DEADLINE FOR CONSIDERATION 
OF APPLICATIONS FOR PERMITS. 
Subsection (p)(2) of section 17 of the Mineral Leas-
ing Act (30 U.S.C. 226) is amended by striking ‘‘30’’ and 
inserting ‘‘45’’. 
SEC. 7103. OIL SHALE AND TAR SANDS LEASING. 
Section 369 of the Energy Policy Act of 2005 (42 
U.S.C. 15927) is amended— 
(1) in subsection (c), by striking ‘‘not later than 
180 days after the date of enactment of this Act,’’; 
(2) in subsection (c), by striking ‘‘shall make’’ 
and inserting ‘‘may make’’; 
(3) in subsection (d)(1), by striking ‘‘Not later 
than 18 months after the date of enactment of this 
Act, in’’ and inserting ‘‘In’’; 
(4) in subsection (d)(2)— 
(A) in the heading by striking ‘‘FINAL’’ 
and inserting ‘‘PROPOSED’’; and 
(B) in the text by striking ‘‘final’’ and in-
serting ‘‘proposed’’;
351 
(5) in subsection (d)(2), by striking ‘‘6’’ and in-
serting ‘‘12’’; 
(6) in subsection (d)(2) by inserting after the 
period ‘‘The proposed regulations developed under 
this paragraph are to be open for public comment 
for no less than 120 days.’’; 
(7) by redesignating subsections (e) through (s) 
as subsections (g) through (u), and by inserting 
after subsection (d) the following: 
‘‘(e) OIL SHALE AND TAR SANDS LEASING AND DE-
VELOPMENT STRATEGY.— 
‘‘(1) GENERAL.—Not later than 6 months after 
the completion of the programmatic environmental 
impact statement under subsection (d), the Sec-
retary shall prepare an oil shale and tar sands leas-
ing and development strategy, in cooperation with 
the Secretary of Energy and the Administrator of 
the Environmental Protection Agency. 
‘‘(2) PURPOSE.—The purpose of the strategy 
developed under this subsection is to provide a 
framework for regulations that will allow for the sus-
tainable and publicly acceptable large-scale develop-
ment of oil shale within the Green River Formation 
and to provide a basis for decisions regarding Fed-
358 
‘‘(ii) if the person failed or refused to 
make a payment of royalty owed in an amount 
less than $25,000, an amount equal to 150 per-
cent of the royalty owed that was not paid; 
‘‘(3) Paragraph (2) shall not apply to a violation of 
paragraph (1) if the person who commits the violation, 
within 30 days of knowing of the violation— 
‘‘(A) reports the violation to the Secretary or a 
representative designated by the Secretary; and 
‘‘(B) corrects the violation. 
‘‘(b) LEASE
ADMINISTRATION
VIOLATIONS.—Any 
person who— 
‘‘(1) fails to notify the Secretary of— 
‘‘(A) any designation by the person under 
section 102(a); or 
‘‘(B) any other assignment of obligations 
or responsibilities of the person under a lease; 
‘‘(2) fails or refuses to permit— 
‘‘(A) lawful entry; 
‘‘(B) inspection, including any inspection 
authorized by section 108; or 
‘‘(C) audit, including any failure or refusal 
to promptly tender requested documents;
359 
‘‘(3) fails or refuses to comply with subsection 
102(b)(3) (relating to notification regarding begin-
ning or resumption of production); or 
‘‘(4) fails to correctly report and timely provide 
operations or financial records necessary for the Sec-
retary or any authorized designee of the Secretary to 
accomplish lease management responsibilities, 
shall be liable for a penalty of up to $10,000 per violation 
for each day such violation continues. 
‘‘(c) THEFT.—Any person who— 
‘‘(1) knowingly or willfully takes or removes, 
transports, uses or diverts any oil or gas from any 
lease site without having valid legal authority to do 
so; or 
‘‘(2) purchases, accepts, sells, transports, or 
conveys to another, any oil or gas knowing or having 
reason to know that such oil or gas was stolen or 
unlawfully removed or diverted, 
shall be liable for a penalty of up to $25,000 per violation 
for each day such violation continues without correction. 
‘‘(d) ADMINISTRATIVE APPEAL.—(1) Any determina-
tion by the Secretary or a designee of the Secretary of 
the amount of any royalties or civil penalties owed under 
subsection (a), (b), or (c) shall be final, unless within 120 
days after notification by the Secretary or designee the
360 
person liable for such amount files an administrative ap-
peal in accordance with regulations issued by the Sec-
retary. 
‘‘(2) If a person files an administrative appeal pursu-
ant to paragraph (1), the Secretary or designee shall make 
a final determination in accordance with the regulations 
referred to in paragraph (1). 
‘‘(e) DEDUCTION.—The amount of any penalty under 
this section, as finally determined may be deducted from 
any sums owing by the United States to the person 
charged. 
‘‘(f) COMPROMISE AND REDUCTION.—On a case-by- 
case basis the Secretary may compromise or reduce civil 
penalties under this section. 
‘‘(g) NOTICE.—Notice under this subsection (a) shall 
be by personal service by an authorized representative of 
the Secretary or by registered mail. Any person may, in 
the manner prescribed by the Secretary, designate a rep-
resentative to receive any notice under this subsection. 
‘‘(h) RECORD OF DETERMINATION.—In determining 
the amount of such penalty, or whether it should be remit-
ted or reduced, and in what amount, the Secretary shall 
state on the record the reasons for his determinations. 
‘‘(i) JUDICIAL REVIEW.—Any person who has re-
quested a hearing in accordance with subsection (e) within
361 
the time the Secretary has prescribed for such a hearing 
and who is aggrieved by a final order of the Secretary 
under this section may seek review of such order in the 
United States district court for the judicial district in 
which the violation allegedly took place. Review by the dis-
trict court shall be de novo. Such an action shall be barred 
unless filed within 90 days after the Secretary’s final 
order. 
‘‘(j) FAILURE TO PAY.—If any person fails to pay 
an assessment of a civil penalty under this Act— 
‘‘(1) after the order making the assessment has 
become a final order and if such person does not file 
a petition for judicial review of the order in accord-
ance with subsection (j); or 
‘‘(2) after a court in an action brought under 
subsection (j) has entered a final judgment in favor 
of the Secretary, 
the court shall have jurisdiction to award the amount as-
sessed plus interest from the date of the expiration of the 
90-day period referred to in subsection (j). Judgment by 
the court shall include an order to pay. 
‘‘(k) RELATIONSHIP TO MINERAL LEASING ACT.— 
No person shall be liable for a civil penalty under sub-
section (a) or (b) for failure to pay any rental for any
362 
lease automatically terminated pursuant to section 31 of 
the Mineral Leasing Act. 
‘‘(l) TOLLING OF STATUTES OF LIMITATION.—(1) 
Any determination by the Secretary or a designee of the 
Secretary that a person has violated subsection (a), (b)(2), 
or (b)(4) shall toll any applicable statute of limitations for 
all oil and gas leases held or operated by such person, until 
the later of— 
‘‘(A) the date on which the person corrects the 
violation and certifies that all violations of a like na-
ture have been corrected for all of the oil and gas 
leases held or operated by such person; or 
‘‘(B) the date a final, nonappealable order has 
been issued by the Secretary or a court of competent 
jurisdiction. 
‘‘(2) A person determined by the Secretary or a des-
ignee of the Secretary to have violated subsection (a), 
(b)(2), or (b)(4) shall maintain all records with respect 
to the person’s oil and gas leases until the later of— 
‘‘(A) the date the Secretary releases the person 
from the obligation to maintain such records; and 
‘‘(B) the expiration of the period during which 
the records must be maintained under section 
103(b).