109TH CONGRESS
1ST SESSION
H. R. 6
AN ACT
To ensure jobs for our future with secure,
affordable, and reliable energy.
109TH CONGRESS
1ST SESSION
H. R. 6
AN ACT
To ensure jobs for our future with secure, affordable, and
reliable energy.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Energy Policy Act of 2005’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—ENERGY EFFICIENCY
Subtitle A—Federal Programs
Sec. 101. Energy and water saving measures in congressional buildings.
Sec. 102. Energy management requirements.
Sec. 103. Energy use measurement and accountability.
Sec. 104. Procurement of energy efficient products.
Sec. 105. Energy Savings Performance Contracts.
Sec. 107. Voluntary commitments to reduce industrial energy intensity.
Sec. 108. Advanced Building Efficiency Testbed.
Sec. 109. Federal building performance standards.
Sec. 111. Daylight savings.
Sec. 112. Enhancing energy efficiency in management of Federal lands.
Subtitle B—Energy Assistance and State Programs
Sec. 121. Low Income Home Energy Assistance Program.
Sec. 122. Weatherization assistance.
Sec. 123. State energy programs.
Sec. 124. Energy efficient appliance rebate programs.
Sec. 125. Energy efficient public buildings.
Sec. 126. Low income community energy efficiency pilot program.
Subtitle C—Energy Efficient Products
Sec. 131. Energy Star Program.
Sec. 132. HVAC maintenance consumer education program.
Sec. 133. Energy conservation standards for additional products.
Sec. 134. Energy labeling.
Sec. 135. Preemption.
Sec. 136. State consumer product energy efficiency standards.
Sec. 137. Intermittent escalators.
Subtitle D—Public Housing
Sec. 141. Capacity building for energy-efficient, affordable housing.
Sec. 142. Increase of CDBG public services cap for energy conservation and ef-
ficiency activities.
Sec. 143. FHA mortgage insurance incentives for energy efficient housing.
Sec. 144. Public housing capital fund.
Sec. 145. Grants for energy-conserving improvements for assisted housing.
Sec. 147. Energy-efficient appliances.
Sec. 148. Energy efficiency standards.
Sec. 149. Energy strategy for HUD.
TITLE II—RENEWABLE ENERGY
Subtitle A—General Provisions
Sec. 201. Assessment of renewable energy resources.
Sec. 202. Renewable energy production incentive.
Sec. 203. Federal purchase requirement.
Sec. 204. Insular areas energy security.
Sec. 205. Use of photovoltaic energy in public buildings.
Sec. 206. Biobased products.
Sec. 207. Renewable energy security.
Sec. 208. Installation of photovoltaic system.
Sec. 209. Sugar cane ethanol pilot program.
Subtitle C—Hydroelectric
PART I—ALTERNATIVE CONDITIONS
Sec. 231. Alternative conditions and fishways.
PART II—ADDITIONAL HYDROPOWER
Sec. 241. Hydroelectric production incentives.
Sec. 242. Hydroelectric efficiency improvement.
Sec. 243. Small hydroelectric power projects.
TITLE III—OIL AND GAS—COMMERCE
Subtitle A—Petroleum Reserve and Home Heating Oil
Sec. 301. Permanent authority to operate the Strategic Petroleum Reserve and
other energy programs.
Sec. 302. National Oilheat Research Alliance.
Sec. 303. Site selection.
Sec. 304. Suspension of Strategic Petroleum Reserve deliveries.
Subtitle B—Production Incentives
Sec. 320. Liquefaction or gasification natural gas terminals.
Sec. 327. Hydraulic fracturing.
Sec. 328. Oil and gas exploration and production defined.
Sec. 329. Outer Continental Shelf provisions.
Sec. 330. Appeals relating to pipeline construction or offshore mineral develop-
ment projects.
Sec. 332. Natural gas market reform.
Sec. 333. Natural gas market transparency.
Sec. 334. Oil, gas, and mineral industry workers.
Subtitle C—Access to Federal Land
Sec. 344. Consultation regarding oil and gas leasing on public land.
Sec. 346. Compliance with Executive Order No. 13211; actions concerning reg-
ulations that significantly affect energy supply, distribution, or
use.
Sec. 355. Encouraging Great Lakes oil and gas drilling ban.
Sec. 358. Federal coalbed methane regulation.
Subtitle D—Refining Revitalization
Sec. 371. Short title.
Sec. 372. Findings.
Sec. 373. Purpose.
Sec. 374. Designation of Refinery Revitalization Zones.
Sec. 375. Memorandum of understanding.
Sec. 376. State environmental permitting assistance.
Sec. 377. Coordination and expeditious review of permitting process.
Sec. 378. Compliance with all environmental regulations required.
Sec. 379. Definitions.
TITLE IV—COAL
Subtitle A—Clean Coal Power Initiative
Sec. 401. Authorization of appropriations.
Sec. 402. Project criteria.
Sec. 403. Report.
Sec. 404. Clean Coal Centers of Excellence.
Subtitle B—Clean Power Projects
Sec. 411. Coal technology loan.
Sec. 412. Coal gasification.
Sec. 414. Petroleum coke gasification.
Sec. 416. Electron scrubbing demonstration.
Subtitle D—Coal and Related Programs
Sec. 441. Clean air coal program.
TITLE V—INDIAN ENERGY
Sec. 501. Short title.
Sec. 502. Office of Indian Energy Policy and Programs.
Sec. 503. Indian energy.
Sec. 504. Consultation with Indian tribes.
Sec. 505. Four Corners transmission line project.
TITLE VI—NUCLEAR MATTERS
Subtitle A—Price-Anderson Act Amendments
Sec. 601. Short title.
Sec. 602. Extension of indemnification authority.
Sec. 603. Maximum assessment.
Sec. 604. Department of Energy liability limit.
Sec. 605. Incidents outside the United States.
Sec. 606. Reports.
Sec. 607. Inflation adjustment.
Sec. 608. Treatment of modular reactors.
Sec. 609. Applicability.
Sec. 610. Prohibition on assumption by United States Government of liability
for certain foreign incidents.
Sec. 611. Civil penalties.
Sec. 612. Financial accountability.
Subtitle B—General Nuclear Matters
Sec. 621. Licenses.
Sec. 622. NRC training program.
Sec. 623. Cost recovery from government agencies.
Sec. 624. Elimination of pension offset.
Sec. 625. Antitrust review.
Sec. 626. Decommissioning.
Sec. 627. Limitation on legal fee reimbursement.
Sec. 629. Report on feasibility of developing commercial nuclear energy genera-
tion facilities at existing Department of Energy sites.
Sec. 630. Uranium sales.
Sec. 631. Cooperative research and development and special demonstration
projects for the uranium mining industry.
Sec. 632. Whistleblower protection.
Sec. 633. Medical isotope production.
Sec. 634. Fernald byproduct material.
Sec. 635. Safe disposal of greater-than-class c radioactive waste.
Sec. 636. Prohibition on nuclear exports to countries that sponsor terrorism.
Sec. 638. National uranium stockpile.
Sec. 639. Nuclear Regulatory Commission meetings.
Sec. 640. Employee benefits.
Subtitle C—Additional Hydrogen Production Provisions
Sec. 651. Hydrogen production programs.
Sec. 652. Definitions.
Subtitle D—Nuclear Security
Sec. 661. Nuclear facility threats.
Sec. 662. Fingerprinting for criminal history record checks.
Sec. 663. Use of firearms by security personnel of licensees and certificate hold-
ers of the Commission.
Sec. 664. Unauthorized introduction of dangerous weapons.
Sec. 665. Sabotage of nuclear facilities or fuel.
Sec. 666. Secure transfer of nuclear materials.
Sec. 667. Department of Homeland Security consultation.
Sec. 668. Authorization of appropriations.
TITLE VII—VEHICLES AND FUELS
Subtitle A—Existing Programs
Sec. 701. Use of alternative fuels by dual-fueled vehicles.
Sec. 704. Incremental cost allocation.
Sec. 705. Lease condensates.
Sec. 706. Review of Energy Policy Act of 1992 programs.
Sec. 707. Report concerning compliance with alternative fueled vehicle pur-
chasing requirements.
Subtitle B—Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses
PART 1—HYBRID VEHICLES
Sec. 711. Hybrid vehicles.
Sec. 712. Hybrid retrofit and electric conversion program.
Sec. 713. Efficient hybrid and advanced diesel vehicles.
PART 2—ADVANCED VEHICLES
Sec. 721. Definitions.
Sec. 722. Pilot program.
Sec. 723. Reports to Congress.
Sec. 724. Authorization of appropriations.
PART 3—FUEL CELL BUSES
Sec. 731. Fuel cell transit bus demonstration.
Subtitle C—Clean School Buses
Sec. 741. Definitions.
Sec. 742. Program for replacement of certain school buses with clean school
buses.
Sec. 743. Diesel retrofit program.
Sec. 743A. Diesel truck retrofit and fleet modernization program.
Sec. 744. Fuel cell school buses.
Subtitle D—Miscellaneous
Sec. 751. Railroad efficiency.
Sec. 752. Mobile emission reductions trading and crediting.
Sec. 753. Aviation fuel conservation and emissions.
Sec. 754. Diesel fueled vehicles.
Sec. 755. Conserve by bicycling program.
Sec. 756. Reduction of engine idling of heavy-duty vehicles.
Sec. 757. Biodiesel engine testing program.
Sec. 758. High occupancy vehicle exception.
Sec. 759. Ultra-efficient engine technology for aircraft.
Subtitle E—Automobile Efficiency
Sec. 771. Authorization of appropriations for implementation and enforcement
of fuel economy standards.
Sec. 772. Revised considerations for decisions on maximum feasible average
fuel economy.
Sec. 773. Extension of maximum fuel economy increase for alternative fueled
vehicles.
Sec. 774. Study of feasibility and effects of reducing use of fuel for auto-
mobiles.
Sec. 775. Update testing procedures.
TITLE VIII—HYDROGEN
Sec. 801. Definitions.
Sec. 802. Plan.
Sec. 803. Programs.
Sec. 804. Interagency task force.
Sec. 805. Advisory Committee.
Sec. 806. External review.
Sec. 807. Miscellaneous provisions.
Sec. 808. Savings clause.
Sec. 809. Authorization of appropriations.
Sec. 810. Solar and wind technologies.
Sec. 811. Hydrogen fuel cell buses.
TITLE IX—RESEARCH AND DEVELOPMENT
Sec. 900. Short title; definitions.
Subtitle A—Science Programs
Sec. 901. Office of Science programs.
Sec. 902. Systems biology program.
Sec. 903. Catalysis Research and Development Program.
Sec. 904. Hydrogen.
Sec. 905. Advanced scientific computing research.
Sec. 906.
Fusion Energy Sciences program.
Sec. 907. Science and Technology Scholarship Program.
Sec. 908. Office of Scientific and Technical Information.
Sec. 909. Science and engineering pilot program.
Sec. 910. Authorization of appropriations.
Subtitle B—Research Administration and Operations
Sec. 911. Cost Sharing.
Sec. 912. Reprogramming.
Sec. 913. Merit-based competition.
Sec. 914. External technical review of departmental programs.
Sec. 915. Competitive award of management contracts.
Sec. 916. National Laboratory designation.
Sec. 917. Report on equal employment opportunity practices.
Sec. 918. User facility best practices plan.
Sec. 919. Support for science and energy infrastructure and facilities.
Sec. 920. Coordination plan.
Sec. 921. Availability of funds.
Subtitle C—Energy Efficiency
CHAPTER 1—VEHICLES, BUILDINGS, AND INDUSTRIES
Sec. 922. Programs.
Sec. 923. Vehicles.
Sec. 924. Buildings.
Sec. 925. Industries.
Sec. 926. Demonstration and commercial application.
Sec. 927. Secondary electric vehicle battery use program.
Sec. 928. Next generation lighting initiative.
Sec. 929. Definitions.
Sec. 930. Authorization of appropriations.
Sec. 931. Limitation on use of funds.
CHAPTER 2—DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS
Sec. 932. Distributed energy.
Sec. 933. Electricity transmission and distribution and energy assurance.
Sec. 933A. Advanced portable power devices.
Sec. 934. Authorization of appropriations.
Subtitle D—Renewable energy
Sec. 935. Findings.
Sec. 936. Definitions.
Sec. 937. Programs.
Sec. 938. Solar.
Sec. 939. Bioenergy programs.
Sec. 940. Wind.
Sec. 941. Geothermal.
Sec. 942. Photovoltaic demonstration program.
Sec. 943. Additional programs.
Sec. 944. Analysis and evaluation.
Sec. 945. Authorization of appropriations.
Subtitle E—Nuclear Energy Programs
Sec. 946. Definition.
Sec. 947. Programs.
CHAPTER 1—NUCLEAR ENERGY RESEARCH PROGRAMS
Sec. 948. Advanced fuel recycling program.
Sec. 949. University nuclear science and engineering support.
Sec. 950. University-National Laboratory interactions.
Sec. 951. Nuclear Power 2010 Program.
Sec. 952. Generation IV Nuclear Energy Systems Initiative.
Sec. 953. Civilian infrastructure and facilities.
Sec. 954. Nuclear energy research and development infrastructure plan.
Sec. 955. Idaho National Laboratory facilities plan.
Sec. 956. Authorization of appropriations.
CHAPTER 2—NEXT GENERATION NUCLEAR PLANT PROGRAM
Sec. 957. Definitions.
Sec. 958. Next generation nuclear power plant.
Sec. 959. Advisory committee.
Sec. 960. Program requirements.
Sec. 961. Authorization of appropriations.
Subtitle F—Fossil Energy
CHAPTER 1—RESEARCH PROGRAMS
Sec. 962. Enhanced fossil energy research and development programs.
Sec. 963. Fossil research and development.
Sec. 964. Oil and gas research and development.
Sec. 965. Transportation fuels.
Sec. 966. Fuel cells.
Sec. 967. Carbon dioxide capture research and development.
Sec. 968. Authorization of appropriations.
Sec. 968A. Western michigan demonstration project.
Sec. 968B. Western hemisphere energy cooperation.
Sec. 968C. Arctic engineering research center.
Sec. 968D. Barrow geophysical research facility.
CHAPTER 2—ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND
OTHER PETROLEUM RESOURCES
Sec. 969. Program authority.
Sec. 970. Ultra-deepwater and unconventional onshore natural gas and other
petroleum research and development program.
Sec. 971. Additional requirements for awards.
Sec. 972. Advisory committees.
Sec. 973. Limits on participation.
Sec. 974. Sunset.
Sec. 975. Definitions.
Sec. 976. Funding.
TITLE X—DEPARTMENT OF ENERGY MANAGEMENT
Sec. 1002. Other transactions authority.
Sec. 1003. University collaboration.
Sec. 1004. Sense of Congress.
TITLE XII—ELECTRICITY
Sec. 1201. Short title.
Subtitle A—Reliability Standards
Sec. 1211. Electric reliability standards.
Subtitle B—Transmission Infrastructure Modernization
Sec. 1221. Siting of interstate electric transmission facilities.
Sec. 1222. Third-party finance.
Sec. 1223. Transmission system monitoring.
Sec. 1224. Advanced transmission technologies.
Sec. 1225. Electric transmission and distribution programs.
Sec. 1226. Advanced Power System Technology Incentive Program.
Sec. 1227. Office of Electric Transmission and Distribution.
Subtitle C—Transmission Operation Improvements
Sec. 1231. Open nondiscriminatory access.
Sec. 1232. Sense of Congress on Regional Transmission Organizations.
Sec. 1233. Regional Transmission Organization applications progress report.
Sec. 1234. Federal utility participation in Regional Transmission Organiza-
tions.
Sec. 1235. Standard market design.
Sec. 1236. Native load service obligation.
Sec. 1237. Study on the benefits of economic dispatch.
Subtitle D—Transmission Rate Reform
Sec. 1241. Transmission infrastructure investment.
Subtitle E—Amendments to PURPA
Sec. 1251. Net metering and additional standards.
Sec. 1252. Smart metering.
Sec. 1253. Cogeneration and small power production purchase and sale require-
ments.
Sec. 1254. Interconnection.
Subtitle F—Repeal of PUHCA
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Repeal of the Public Utility Holding Company Act of 1935.
Sec. 1264. Federal access to books and records.
Sec. 1265. State access to books and records.
Sec. 1266. Exemption authority.
Sec. 1267. Affiliate transactions.
Sec. 1268. Applicability.
Sec. 1269. Effect on other regulations.
Sec. 1270. Enforcement.
Sec. 1271. Savings provisions.
Sec. 1272. Implementation.
Sec. 1273. Transfer of resources.
Sec. 1274. Effective date.
Sec. 1275. Service allocation.
Sec. 1276. Authorization of appropriations.
Sec. 1277. Conforming amendments to the Federal Power Act.
Subtitle G—Market Transparency, Enforcement, and Consumer Protection
Sec. 1281. Market transparency rules.
Sec. 1282. Market manipulation.
Sec. 1283. Enforcement.
Sec. 1284. Refund effective date.
Sec. 1285. Refund authority.
Sec. 1286. Sanctity of contract.
Sec. 1287. Consumer privacy and unfair trade practices.
Subtitle H—Merger Reform
Sec. 1291. Merger review reform and accountability.
Sec. 1292. Electric utility mergers.
Subtitle I—Definitions
Sec. 1295. Definitions.
Subtitle J—Technical and Conforming Amendments
Sec. 1297. Conforming amendments.
Subtitle K—Economic Dispatch
Sec. 1298. Economic dispatch.
TITLE XIII—ENERGY TAX INCENTIVES
Sec. 1300. Short title; etc.
Subtitle A—Energy Infrastructure Tax Incentives
Sec. 1301. Natural gas gathering lines treated as 7-year property.
Sec. 1302. Natural gas distribution lines treated as 15-year property.
Sec. 1303. Electric transmission property treated as 15-year property.
Sec. 1304. Expansion of amortization for certain atmospheric pollution control
facilities in connection with plants first placed in service after
1975.
Sec. 1305. Modification of credit for producing fuel from a nonconventional
source.
Sec. 1306. Modifications to special rules for nuclear decommissioning costs.
Sec. 1307. Arbitrage rules not to apply to prepayments for natural gas.
Sec. 1308. Determination of small refiner exception to oil depletion deduction.
Subtitle B—Miscellaneous Energy Tax Incentives
Sec. 1311. Credit for residential energy efficient property.
Sec. 1312. Credit for business installation of qualified fuel cells.
Sec. 1313. Reduced motor fuel excise tax on certain mixtures of diesel fuel.
Sec. 1314. Amortization of delay rental payments.
Sec. 1315. Amortization of geological and geophysical expenditures.
Sec. 1316. Advanced lean burn technology motor vehicle credit.
Sec. 1317. Credit for energy efficiency improvements to existing homes.
Subtitle C—Alternative minimum tax relief
Sec. 1321. New nonrefundable personal credits allowed against regular and
minimum taxes.
Sec. 1322. Certain business energy credits allowed against regular and min-
imum taxes.
TITLE XIV—MISCELLANEOUS
Subtitle C—Other Provisions
Sec. 1441. Continuation of transmission security order.
Sec. 1442. Review of agency determinations.
Sec. 1443. Attainment dates for downwind ozone nonattainment areas.
Sec. 1444. Energy production incentives.
Sec. 1446. Regulation of certain oil used in transformers.
Sec. 1447. Risk assessments.
Sec. 1448. Oxygen-fuel.
Sec. 1449. Petrochemical and oil refinery facility health assessment.
Sec. 1450. United States-Israel cooperation.
Sec. 1451. Carbon-based fuel cell development.
Sec. 1452. National priority project designation.
TITLE XV—ETHANOL AND MOTOR FUELS
Subtitle A—General Provisions
Sec. 1501. Renewable content of motor vehicle fuel.
Sec. 1502. Fuels safe harbor.
Sec. 1503. Findings and MTBE transition assistance.
Sec. 1504. Use of MTBE.
Sec. 1505. National Academy of Sciences review and presidential determina-
tion.
Sec. 1506. Elimination of oxygen content requirement for reformulated gaso-
line.
Sec. 1507. Analyses of motor vehicle fuel changes.
Sec. 1508. Data collection.
Sec. 1509. Reducing the proliferation of State fuel controls.
Sec. 1510. Fuel system requirements harmonization study.
Sec. 1511. Commercial byproducts from municipal solid waste and cellulosic
biomass loan guarantee program.
Sec. 1512. Conversion assitance for cellulosic biomass, waste-derived ethanol,
approved renewable fuels.
Sec. 1513. Blending of compliant reformulated gasolines.
Subtitle B—Underground Storage Tank Compliance
Sec. 1521. Short title.
Sec. 1522. Leaking underground storage tanks.
Sec. 1523. Inspection of underground storage tanks.
Sec. 1524. Operator training.
Sec. 1525. Remediation from oxygenated fuel additives.
Sec. 1526. Release prevention, compliance, and enforcement.
Sec. 1527. Delivery prohibition.
Sec. 1528. Federal facilities.
Sec. 1529. Tanks on Tribal lands.
Sec. 1530. Additional measures to protect groundwater.
Sec. 1531. Authorization of appropriations.
Sec. 1532. Conforming amendments.
Sec. 1533. Technical amendments.
Subtitle C—Boutique Fuels
Sec. 1541. Reducing the proliferation of boutique fuels.
TITLE XVI—STUDIES
Sec. 1601. Study on inventory of petroleum and natural gas storage.
Sec. 1605. Study of energy efficiency standards.
Sec. 1606. Telecommuting study.
Sec. 1607. LIHEAP report.
Sec. 1608. Oil bypass filtration technology.
Sec. 1609. Total integrated thermal systems.
Sec. 1610. University collaboration.
Sec. 1611. Reliability and consumer protection assessment.
Sec. 1612. Report on energy integration with Latin America.
Sec. 1613. Low-volume gas reservoir study.
Sec. 1614. Consolidation of gasoline industry.
Sec. 1615. Study of fuel savings from information technology for transpor-
tation.
Sec. 1616. Feasibility study of mustard seed biodiesel.
TITLE XVII—RENEWABLE ENERGY—RESOURCES
Sec. 1701. Grants to improve the commercial value of forest biomass for elec-
tric energy, useful heat, transportation fuels, petroleum-based
product substitutes, and other commercial purposes.
Sec. 1702. Environmental review for renewable energy projects.
Sec. 1703. Sense of Congress regarding generation capacity of electricity from
renewable energy resources on public lands.
TITLE XVIII—GEOTHERMAL ENERGY
Sec. 1801. Short title.
Sec. 1802. Competitive lease sale requirements.
Sec. 1803. Direct use.
Sec. 1804. Royalties and near-term production incentives.
Sec. 1805. Expediting administrative action for geothermal leasing.
Sec. 1806. Coordination of geothermal leasing and permitting on Federal lands.
Sec. 1807. Review and report to Congress.
Sec. 1808. Reimbursement for costs of NEPA analyses, documentation, and
studies.
Sec. 1809. Assessment of geothermal energy potential.
Sec. 1810. Cooperative or unit plans.
Sec. 1811. Royalty on byproducts.
Sec. 1812. Repeal of authorities of Secretary to readjust terms, conditions,
rentals, and royalties.
Sec. 1813. Crediting of rental toward royalty.
Sec. 1814. Lease duration and work commitment requirements.
Sec. 1815. Advanced royalties required for suspension of production.
Sec. 1816. Annual rental.
Sec. 1817. Deposit and use of geothermal lease revenues for 5 fiscal years.
Sec. 1818. Repeal of acreage limitations.
Sec. 1819. Technical amendments.
Sec. 1820. Intermountain West Geothermal Consortium.
TITLE XIX—HYDROPOWER—RESOURCES
Sec. 1901. Increased hydroelectric generation at existing Federal facilities.
Sec. 1902. Shift of project loads to off-peak periods.
Sec. 1903. Report identifying and describing the status of potential hydropower
facilities.
TITLE XX—OIL AND GAS—RESOURCES
Subtitle A—Production incentives
Sec. 2001. Definition of Secretary.
Sec. 2002. Program on oil and gas royalties in-kind.
Sec. 2003. Marginal property production incentives.
Sec. 2004. Incentives for natural gas production from deep wells in the shallow
waters of the Gulf of Mexico.
Sec. 2005. Royalty relief for deep water production.
Sec. 2006. Alaska offshore royalty suspension.
Sec. 2007. Oil and gas leasing in the National Petroleum Reserve in Alaska.
Sec. 2008. Orphaned, abandoned, or idled wells on Federal land.
Sec. 2009. Combined hydrocarbon leasing.
Sec. 2010. Alternate energy-related uses on the outer Continental Shelf.
Sec. 2011. Preservation of geological and geophysical data.
Sec. 2012. Oil and gas lease acreage limitations.
Sec. 2013. Deadline for decision on appeals of consistency determination under
the Coastal Zone Management Act of 1972.
Sec. 2014. Reimbursement for costs of NEPA analyses, documentation, and
studies.
Sec. 2015. Gas hydrate production incentive.
Sec. 2016. Onshore deep gas production incentive.
Sec. 2017. Enhanced oil and natural gas production incentive.
Sec. 2018. Oil shale.
Sec. 2019. Use of information about oil and gas public challenges.
Subtitle B—Access to Federal land
Sec. 2021. Office of Federal Energy Project Coordination.
Sec. 2022. Federal onshore oil and gas leasing and permitting practices.
Sec. 2023. Management of Federal oil and gas leasing programs.
Sec. 2024. Consultation regarding oil and gas leasing on public land.
Sec. 2025. Estimates of oil and gas resources underlying onshore Federal land.
Sec. 2026. Pilot project to improve Federal permit coordination.
Sec. 2027. Deadline for consideration of applications for permits.
Sec. 2028. Clarification of fair market rental value determinations for public
land and Forest Service rights-of-way.
Sec. 2029. Energy facility rights-of-way and corridors on Federal land.
Sec. 2030. Consultation regarding energy rights-of-way on public land.
Sec. 2031. Electricity transmission line right-of-way, Cleveland National Forest
and adjacent public land, California.
Sec. 2032. Sense of Congress regarding development of minerals under Padre
Island National Seashore.
Sec. 2033. Livingston Parish mineral rights transfer.
Subtitle C—Naval Petroleum Reserves
Sec. 2041. Transfer of administrative jurisdiction and environmental remedi-
ation, Naval Petroleum Reserve Numbered 2, Kern County,
California.
Sec. 2042. Land conveyance, portion of Naval Petroleum Reserve Numbered 2,
to City of Taft, California.
Sec. 2043. Revocation of land withdrawal.
Sec. 2044. Effect of transfer and conveyance.
Subtitle D—Miscellaneous Provisions
Sec. 2051. Split-estate Federal oil and gas leasing and development practices.
Sec. 2052. Royalty payments under leases under the Outer Continental Shelf
Lands Act.
Sec. 2053. Domestic offshore energy reinvestment.
Sec. 2054. Repurchase of leases that are not allowed to be explored or devel-
oped.
Sec. 2055. Limitation on required review under NEPA.
TITLE XXI—COAL—RESOURCES
Sec. 2101. Short title.
Sec. 2102. Lease modifications for contiguous coal lands or coal deposits.
Sec. 2103. Approval of logical mining units.
Sec. 2104. Payment of advance royalties under coal leases.
Sec. 2105. Elimination of deadline for submission of coal lease operation and
reclamation plan.
Sec. 2106. Amendment relating to financial assurances with respect to bonus
bids.
Sec. 2107. Inventory requirement.
Sec. 2108. Application of amendments.
Sec. 2109. Resolution of Federal resource development conflicts in the Powder
River Basin.
TITLE XXII—ARCTIC COASTAL PLAIN DOMESTIC ENERGY
Sec. 2201. Short title.
Sec. 2202. Definitions.
Sec. 2203. Leasing program for lands within the coastal plain.
Sec. 2204. Lease sales.
Sec. 2205. Grant of leases by the Secretary.
Sec. 2206. Lease terms and conditions.
Sec. 2207. Coastal Plain environmental protection.
Sec. 2208. Expedited judicial review.
Sec. 2209. Federal and State distribution of revenues.
Sec. 2210. Rights-of-way across the Coastal Plain.
Sec. 2211. Conveyance.
Sec. 2212. Local government impact aid and community service assistance.
TITLE XXIII—SET AMERICA FREE (SAFE)
Sec. 2301. Short title.
Sec. 2302. Findings.
Sec. 2303. Purpose.
Sec. 2304. United States Commission on North American Energy Freedom.
Sec. 2305. North American energy freedom policy.
TITLE XXIV—GRAND CANYON HYDROGEN-POWERED
TRANSPORTATION DEMONSTRATION
Sec. 2401. Short title.
Sec. 2402. Definitions.
Sec. 2403. Findings.
Sec. 2404. Research, development, and demonstration program.
Sec. 2405. Reports to Congress.
Sec. 2406. Authorization of appropriations.
TITLE XXV—ADDITIONAL PROVISIONS
Sec. 2501. Limitation on rent and other charges with respect to wind energy
development projects on public lands.
TITLE I—ENERGY EFFICIENCY
Subtitle A—Federal Programs
SEC. 101. ENERGY AND WATER SAVING MEASURES IN CON-
GRESSIONAL BUILDINGS.
(a) IN GENERAL.—Part 3 of title V of the National
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.)
is amended by adding at the end the following:
‘‘SEC. 552. ENERGY AND WATER SAVINGS MEASURES IN
CONGRESSIONAL BUILDINGS.
‘‘(a) IN GENERAL.—The Architect of the Capitol—
‘‘(1) shall develop, update, and implement a
cost-effective energy conservation and management
plan (referred to in this section as the ‘plan’) for all
facilities administered by Congress (referred to in
this section as ‘congressional buildings’) to meet the
energy performance requirements for Federal build-
ings established under section 543(a)(1); and
‘‘(2) shall submit the plan to Congress, not
later than 180 days after the date of enactment of
this section.
‘‘(b) 
PLAN
REQUIREMENTS.—The 
plan 
shall
include—
‘‘(1) a description of the life cycle cost analysis
used to determine the cost-effectiveness of proposed
energy efficiency projects;
‘‘(2) a schedule of energy surveys to ensure
complete surveys of all congressional buildings every
5 years to determine the cost and payback period of
energy and water conservation measures;
‘‘(3) a strategy for installation of life cycle cost-
effective energy and water conservation measures;
‘‘(4) the results of a study of the costs and ben-
efits of installation of submetering in congressional
buildings; and
‘‘(5) information packages and ‘how-to’ guides
for each Member and employing authority of Con-
gress that detail simple, cost-effective methods to
save energy and taxpayer dollars in the workplace.
‘‘(c) ANNUAL REPORT.—The Architect of the Capitol
shall submit to Congress annually a report on congres-
sional energy management and conservation programs re-
quired under this section that describes in detail—
‘‘(1) energy expenditures and savings estimates
for each facility;
‘‘(2) energy management and conservation
projects; and
‘‘(3) future priorities to ensure compliance with
this section.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of the National Energy Conservation Policy
Act is amended by adding at the end of the items relating
to part 3 of title V the following new item:
‘‘Sec. 552. Energy and water savings measures in congressional buildings.’’.
(c) REPEAL.—Section 310 of the Legislative Branch
Appropriations Act, 1999 (2 U.S.C. 1815), is repealed.
(d) ENERGY INFRASTRUCTURE.—The Architect of
the Capitol, building on the Master Plan Study completed
in July 2000, shall commission a study to evaluate the
energy infrastructure of the Capital Complex to determine
how the infrastructure could be augmented to become
more energy efficient, using unconventional and renewable
energy resources, in a way that would enable the Complex
to have reliable utility service in the event of power fluc-
tuations, shortages, or outages.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Architect of the
Capitol to carry out subsection (d), $2,000,000 for each
of fiscal years 2006 through 2010.
SEC. 102. ENERGY MANAGEMENT REQUIREMENTS.
(a) ENERGY REDUCTION GOALS.—
(1) AMENDMENT.—Section 543(a)(1) of the
National Energy Conservation Policy Act (42 U.S.C.
8253(a)(1)) is amended by striking ‘‘its Federal
buildings so that’’ and all that follows through the
end and inserting ‘‘the Federal buildings of the
agency (including each industrial or laboratory facil-
ity) so that the energy consumption per gross square
foot of the Federal buildings of the agency in fiscal
years 2006 through 2015 is reduced, as compared
with the energy consumption per gross square foot
of the Federal buildings of the agency in fiscal year
2003, by the percentage specified in the following
table:
‘‘Fiscal Year
Percentage reduction
2006 ...................................................................................................
2007 ...................................................................................................
2008 ...................................................................................................
2009 ...................................................................................................
2010 ...................................................................................................
2011 ...................................................................................................
2012 ...................................................................................................
2013 ...................................................................................................
2014 ...................................................................................................
2015 ...................................................................................................
20.’’.
(2) REPORTING BASELINE.—The energy reduc-
tion goals and baseline established in paragraph (1)
of section 543(a) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8253(a)(1)), as amended
by this subsection, supersede all previous goals and
baselines under such paragraph, and related report-
ing requirements.
(b) REVIEW AND REVISION OF ENERGY PERFORM-
ANCE REQUIREMENT.—Section 543(a) of the National
Energy Conservation Policy Act (42 U.S.C. 8253(a)) is
further amended by adding at the end the following:
‘‘(3) Not later than December 31, 2014, the Sec-
retary shall review the results of the implementation of
the energy performance requirement established under
paragraph (1) and submit to Congress recommendations
concerning energy performance requirements for fiscal
years 2016 through 2025.’’.
(c) EXCLUSIONS.—Section 543(c)(1) of the National
Energy Conservation Policy Act (42 U.S.C. 8253(c)(1))
is amended by striking ‘‘An agency may exclude’’ and all
that follows through the end and inserting ‘‘(A) An agency
may exclude, from the energy performance requirement
for a fiscal year established under subsection (a) and the
energy management requirement established under sub-
section (b), any Federal building or collection of Federal
buildings, if the head of the agency finds that—
‘‘(i) compliance with those requirements would
be impracticable;
‘‘(ii) the agency has completed and submitted
all federally required energy management reports;
‘‘(iii) the agency has achieved compliance with
the energy efficiency requirements of this Act, the
Energy Policy Act of 1992, Executive orders, and
other Federal law; and
‘‘(iv) the agency has implemented all prac-
ticable, life cycle cost-effective projects with respect
to the Federal building or collection of Federal
buildings to be excluded.
‘‘(B) A finding of impracticability under subpara-
graph (A)(i) shall be based on—
‘‘(i) the energy intensiveness of activities car-
ried out in the Federal building or collection of Fed-
eral buildings; or
‘‘(ii) the fact that the Federal building or col-
lection of Federal buildings is used in the perform-
ance of a national security function.’’.
(d) REVIEW BY SECRETARY.—Section 543(c)(2) of
the National Energy Conservation Policy Act (42 U.S.C.
8253(c)(2)) is amended—
(1) by striking ‘‘impracticability standards’’ and
inserting ‘‘standards for exclusion’’;
(2) by striking ‘‘a finding of impracticability’’
and inserting ‘‘the exclusion’’; and
(3) by striking ‘‘energy consumption require-
ments’’ and inserting ‘‘requirements of subsections
(a) and (b)(1)’’.
(e) CRITERIA.—Section 543(c) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8253(c)) is fur-
ther amended by adding at the end the following:
‘‘(3) Not later than 180 days after the date of enact-
ment of this paragraph, the Secretary shall issue guide-
lines that establish criteria for exclusions under paragraph
(1).’’.
(f) RETENTION OF ENERGY AND WATER SAVINGS.—
Section 546 of the National Energy Conservation Policy
Act (42 U.S.C. 8256) is amended by adding at the end
the following new subsection:
‘‘(e) RETENTION
OF ENERGY
AND WATER SAV-
INGS.—An agency may retain any funds appropriated to
that agency for energy expenditures, water expenditures,
or wastewater treatment expenditures, at buildings subject
to the requirements of section 543(a) and (b), that are
not made because of energy savings or water savings. Ex-
cept as otherwise provided by law, such funds may be used
only for energy efficiency, water conservation, or uncon-
ventional and renewable energy resources projects.’’.
(g) REPORTS.—Section 548(b) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8258(b)) is
amended—
(1) in the subsection heading, by inserting
‘‘THE PRESIDENT AND’’ before ‘‘CONGRESS’’; and
(2) by inserting ‘‘President and’’ before ‘‘Con-
gress’’.
(h) CONFORMING AMENDMENT.—Section 550(d) of
the National Energy Conservation Policy Act (42 U.S.C.
8258b(d)) is amended in the second sentence by striking
‘‘the 20 percent reduction goal established under section
543(a) of the National Energy Conservation Policy Act
(42 U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy
reduction goals established under section 543(a).’’.
SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT-
ABILITY.
Section 543 of the National Energy Conservation
Policy Act (42 U.S.C. 8253) is further amended by adding
at the end the following:
‘‘(e) METERING OF ENERGY USE.—
‘‘(1) DEADLINE.—By October 1, 2012, in ac-
cordance with guidelines established by the Sec-
retary under paragraph (2), all Federal buildings
shall, for the purposes of efficient use of energy and
reduction in the cost of electricity used in such
buildings, be metered or submetered. Each agency
shall use, to the maximum extent practicable, ad-
vanced meters or advanced metering devices that
provide data at least daily and that measure at least
hourly consumption of electricity in the Federal
buildings of the agency. Such data shall be incor-
porated into existing Federal energy tracking sys-
tems and made available to Federal facility energy
managers.
‘‘(2) GUIDELINES.—
‘‘(A) IN
GENERAL.—Not later than 180
days after the date of enactment of this sub-
section, the Secretary, in consultation with the
Department of Defense, the General Services
Administration, representatives from the meter-
ing industry, utility industry, energy services in-
dustry, energy efficiency industry, energy effi-
ciency advocacy organizations, national labora-
tories, universities, and Federal facility energy
managers, shall establish guidelines for agencies
to carry out paragraph (1).
‘‘(B) REQUIREMENTS FOR GUIDELINES.—
The guidelines shall—
‘‘(i) take into consideration—
‘‘(I) the cost of metering and
submetering and the reduced cost of
operation and maintenance expected
to result from metering and sub-
metering;
‘‘(II) the extent to which meter-
ing and submetering are expected to
result in increased potential for en-
ergy management, increased potential
for energy savings and energy effi-
ciency improvement, and cost and en-
ergy savings due to utility contract
aggregation; and
‘‘(III) 
the 
measurement 
and
verification protocols of the Depart-
ment of Energy;
‘‘(ii) include recommendations con-
cerning the amount of funds and the num-
ber of trained personnel necessary to gath-
er and use the metering information to
track and reduce energy use;
‘‘(iii) establish priorities for types and
locations of buildings to be metered and
submetered based on cost-effectiveness and
a schedule of 1 or more dates, not later
than 1 year after the date of issuance of
the guidelines, on which the requirements
specified in paragraph (1) shall take effect;
and
‘‘(iv) establish exclusions from the re-
quirements specified in paragraph (1)
based on the de minimis quantity of energy
use of a Federal building, industrial proc-
ess, or structure.
‘‘(3) PLAN.—Not later than 6 months after the
date guidelines are established under paragraph (2),
in a report submitted by the agency under section
548(a), each agency shall submit to the Secretary a
plan describing how the agency will implement the
requirements of paragraph (1), including (A) how
the agency will designate personnel primarily respon-
sible for achieving the requirements and (B) dem-
onstration by the agency, complete with documenta-
tion, of any finding that advanced meters or ad-
vanced metering devices, as defined in paragraph
(1), are not practicable.’’.
SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.
(a) REQUIREMENTS.—Part 3 of title V of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8251
et seq.), as amended by section 101, is amended by adding
at the end the following:
‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI-
CIENT PRODUCTS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AGENCY.—The term ‘agency’ has the
meaning given that term in section 7902(a) of title
5, United States Code.
‘‘(2) ENERGY STAR PRODUCT.—The term ‘En-
ergy Star product’ means a product that is rated for
energy efficiency under an Energy Star program.
‘‘(3) ENERGY STAR PROGRAM.—The term ‘En-
ergy Star program’ means the program established
by section 324A of the Energy Policy and Conserva-
tion Act.
‘‘(4) FEMP DESIGNATED PRODUCT.—The term
‘FEMP designated product’ means a product that is
designated under the Federal Energy Management
Program of the Department of Energy as being
among the highest 25 percent of equivalent products
for energy efficiency.
‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.—
‘‘(1) REQUIREMENT.—To meet the require-
ments of an agency for an energy consuming prod-
uct, the head of the agency shall, except as provided
in paragraph (2), procure—
‘‘(A) an Energy Star product; or
‘‘(B) a FEMP designated product.
‘‘(2) EXCEPTIONS.—The head of an agency is
not required to procure an Energy Star product or
FEMP designated product under paragraph (1) if
the head of the agency finds in writing that—
‘‘(A) an Energy Star product or FEMP
designated product is not cost-effective over the
life of the product taking energy cost savings
into account; or
‘‘(B) no Energy Star product or FEMP
designated product is reasonably available that
meets the functional requirements of the agen-
cy.
‘‘(3) PROCUREMENT PLANNING.—The head of
an agency shall incorporate into the specifications
for all procurements involving energy consuming
products and systems, including guide specifications,
project specifications, and construction, renovation,
and services contracts that include provision of en-
ergy consuming products and systems, and into the
factors for the evaluation of offers received for the
procurement, criteria for energy efficiency that are