I 
108TH CONGRESS 
2D SESSION 
H. R. 4611 
To enable increased gasoline supplies and otherwise ensure lower gasoline 
prices in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2004 
Mr. VITTER introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Re-
sources, Agriculture, Transportation and Infrastructure, and Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To enable increased gasoline supplies and otherwise ensure 
lower gasoline prices in the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gasoline Price Reduc-
tion and Refinery Tax Fairness Act of 2004’’. 
SEC. 2. POLICY. 
It is the policy of the United States to take all actions 
necessary in the areas of conservation, efficiency, alter-
native sources, technology development, and domestic pro-
duction to reduce the United States dependence on foreign 
energy sources by January 1, 2014, to 45 percent of the 
Nation’s total energy needs. 
SEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DE-
FINED. 
Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end 
the following: 
‘‘(24) OIL AND GAS EXPLORATION AND PRO-
DUCTION.—The term ‘oil and gas exploration, pro-
duction, processing, or treatment operations or 
transmission facilities’ means all field activities or 
operations associated with exploration, production, 
processing, or treatment operations, or transmission 
facilities, including activities necessary to prepare a 
site for drilling and for the movement and placement 
of drilling equipment, whether or not such field ac-
tivities or operations may be considered to be con-
struction activities.’’. 
SEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINA-
TION. 
(a) ESTABLISHMENT.—The President shall establish 
the Office of Federal Energy Project Coordination (re-
ferred to in this section as the ‘‘Office’’) within the Execu-
tive Office of the President in the same manner and with 
the same mission as the White House Energy Projects 
Task Force established by Executive Order No. 13212 (42 
U.S.C. 13201 note). 
(b) STAFFING.—The Office shall be staffed by func-
tional experts from relevant Federal agencies on a non-
reimbursable basis to carry out the mission of the Office. 
(c) REPORT.—The Office shall transmit an annual 
report to Congress that describes the activities put in place 
to coordinate and expedite Federal decisions on energy 
projects. The report shall list accomplishments in improv-
ing the Federal decisionmaking process and shall include 
any additional recommendations or systemic changes 
needed to establish a more effective and efficient Federal 
permitting process. 
SEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND 
PERMITTING PRACTICES. 
(a) REVIEW OF ONSHORE OIL AND GAS LEASING 
PRACTICES.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior, in consultation with the Secretary of Agri-
culture with respect to National Forest System lands 
under the jurisdiction of the Department of Agri-
culture, shall perform an internal review of current
Federal onshore oil and gas leasing and permitting 
practices. 
(2) INCLUSIONS.—The review shall include the 
process for— 
(A) accepting or rejecting offers to lease; 
(B) administrative appeals of decisions or 
orders of officers or employees of the Bureau of 
Land Management with respect to a Federal oil 
or gas lease; 
(C) considering surface use plans of oper-
ation, including the timeframes in which the 
plans are considered, and any recommendations 
for improving and expediting the process; and 
(D) identifying stipulations to address site- 
specific concerns and conditions, including those 
stipulations relating to the environment and re-
source use conflicts. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of the Interior and 
the Secretary of Agriculture shall transmit a report to 
Congress that describes— 
(1) actions taken under section 3 of Executive 
Order No. 13212 (42 U.S.C. 13201 note); and 
(2) actions taken or any plans to improve the 
Federal onshore oil and gas leasing program.
SEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING 
PROGRAMS. 
(a) TIMELY ACTION ON LEASES AND PERMITS.—To 
ensure timely action on oil and gas leases and applications 
for permits to drill on land otherwise available for leasing, 
the Secretary of the Interior (in this section referred to 
as the ‘‘Secretary’’) shall— 
(1) ensure expeditious compliance with section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)); 
(2) improve consultation and coordination with 
the States and the public; and 
(3) improve the collection, storage, and retrieval 
of information relating to the leasing activities. 
(b) BEST MANAGEMENT PRACTICES.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Sec-
retary shall develop and implement best manage-
ment practices 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 
lands otherwise available for leasing.
(2) CONSIDERATIONS.—In developing the best 
management practices under paragraph (1), the Sec-
retary shall consider any recommendations from the 
review under section 5. 
(3) REGULATIONS.—Not later than 180 days 
after the development of best management practices 
under paragraph (1), the Secretary shall publish, for 
public comment, proposed regulations that set forth 
specific timeframes for processing leases and appli-
cations in accordance with the practices, including 
deadlines for— 
(A) approving or disapproving resource 
management plans and related documents, lease 
applications, and surface use plans; and 
(B) related administrative appeals. 
(c) IMPROVED ENFORCEMENT.—The Secretary shall 
improve inspection and enforcement of oil and gas activi-
ties, including enforcement of terms and conditions in per-
mits to drill. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized to be appropriated to carry 
out section 17 of the Mineral Leasing Act (30 U.S.C. 
226), there are authorized to be appropriated to the Sec-
retary for each of fiscal years 2005 through 2008—
(1) $40,000,000 to carry out subsections (a) 
and (b); and 
(2) $20,000,000 to carry out subsection (c). 
SEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING 
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 lands under the jurisdiction of the 
Secretary of the Interior; and 
(2) National Forest System lands under the ju-
risdiction 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 oil 
and gas lease applications, surface use plans of oper-
ation, and applications for permits to drill, including 
steps for processing surface use plans and applica-
tions for permits to drill consistent with the 
timelines established by the amendment made by 
section 10;
Secretary of the Interior and the Secretary of Agri-
culture shall establish a joint Geographic Informa-
tion System 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. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDER-
LYING ONSHORE FEDERAL LAND. 
(a) ASSESSMENT.—Section 604 of the Energy Act of 
2000 (42 U.S.C. 6217) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘reserve’’; and 
(ii) by striking ‘‘and’’ after the semi-
colon; and 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) the extent and nature of any restrictions 
or impediments to the development of the resources, 
including— 
‘‘(A) impediments to the timely granting of 
leases; 
‘‘(B) post-lease restrictions, impediments, 
or delays on development for conditions of ap-
SEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; AC-
TIONS 
CONCERNING 
REGULATIONS 
THAT 
SIGNIFICANTLY AFFECT ENERGY SUPPLY, 
DISTRIBUTION, OR USE. 
(a) REQUIREMENT.—The head of each Federal agen-
cy shall require that before the Federal agency takes any 
action that could have a significant adverse effect on the 
supply of domestic energy resources from Federal public 
land, the Federal agency taking the action shall comply 
with Executive Order No. 13211 (42 U.S.C. 13201 note). 
(b) GUIDANCE.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Energy 
shall publish guidance for purposes of this section describ-
ing what constitutes a significant adverse effect on the 
supply of domestic energy resources under Executive 
Order No. 13211 (42 U.S.C. 13201 note). 
(c) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary of the Interior and the Secretary of Agriculture 
shall include in the memorandum of understanding under 
section 7 provisions for implementing subsection (a) of 
this section. 
SEC. 10. DEADLINE FOR CONSIDERATION OF APPLICA-
TIONS FOR PERMITS. 
Section 17 of the Mineral Leasing Act (30 U.S.C. 
226) is amended by adding at the end the following:
‘‘(p) DEADLINES FOR CONSIDERATION OF APPLICA-
TIONS FOR PERMITS.— 
‘‘(1) IN
GENERAL.—Not later than 10 days 
after the date on which the Secretary receives an ap-
plication for any permit to drill, the Secretary 
shall— 
‘‘(A) notify the applicant that the applica-
tion is complete; or 
‘‘(B) notify the applicant that information 
is missing and specify any information that is 
required to be submitted for the application to 
be complete. 
‘‘(2) ISSUANCE OR DEFERRAL.—Not later than 
30 days after the applicant for a permit has sub-
mitted a complete application, the Secretary shall— 
‘‘(A) issue the permit; or 
‘‘(B)(i) defer decision on the permit; and 
‘‘(ii) provide to the applicant a notice that 
specifies any steps that the applicant could take 
for the permit to be issued. 
‘‘(3) REQUIREMENTS FOR DEFERRED APPLICA-
TIONS.— 
‘‘(A) IN GENERAL.—If the Secretary pro-
vides notice under paragraph (2)(B)(ii), the ap-
plicant shall have a period of 2 years from the
date of receipt of the notice in which to com-
plete all requirements specified by the Sec-
retary, including providing information needed 
for compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(B) ISSUANCE
OF
DECISION
ON
PER-
MIT.—If the applicant completes the require-
ments within the period specified in subpara-
graph (A), the Secretary shall issue a decision 
on the permit not later than 10 days after the 
date of completion of the requirements de-
scribed in subparagraph (A). 
‘‘(C) DENIAL OF PERMIT.—If the appli-
cant does not complete the requirements within 
the period specified in subparagraph (A), the 
Secretary shall deny the permit. 
‘‘(q) REPORT.—On a quarterly basis, each field office 
of the Bureau of Land Management and the Forest Serv-
ice shall transmit to the Secretary of the Interior or the 
Secretary of Agriculture, respectively, a report that— 
‘‘(1) specifies the number of applications for 
permits to drill received by the field office in the pe-
riod covered by the report; and 
‘‘(2) describes how each of the applications was 
disposed of by the field office.’’.
SEC. 11. ENVIRONMENTAL REGULATIONS. 
In issuing any rule or order relating to gasoline pro-
duction and distribution, a Federal agency shall include 
a detailed analysis of the effects the rule or order would 
have on gasoline supply. Each Federal agency shall seek 
to ensure that no such rule or order is issued that will 
increase United States dependence on foreign sources of 
oil. 
SEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MA-
CHINERY. 
(a) IN GENERAL.—Subparagraph (B) of section 
168(e)(3) of the Internal Revenue Code of 1986 (relating 
to classification of property) is amended by striking ‘‘and’’ 
at the end of clause (v), by striking the period at the end 
of clause (vi) and inserting ‘‘, and’’, and by adding at the 
end the following new clause: 
‘‘(vii) any refinery machinery.’’. 
(b) ALTERNATIVE SYSTEM.—The table contained in 
section 168(g)(3)(B) of such Code is amended by inserting 
after the item relating to subparagraph (B)(iii) the fol-
lowing new item: 
‘‘(B)(vii) ....................................................................................................
10’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service after 
December 31, 2004.
SEC. 13. REFINERY PERMITTING PROCESS. 
Each Federal agency with authority to approve or 
disapprove actions affecting the siting or operation of 
United States refineries shall, within 180 days after re-
ceiving an application for such approval, either provide the 
approval or notify the applicant of the reasons for rejec-
tion along with an explanation of what steps would be nec-
essary to obtain approval. 
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