I 
108TH CONGRESS 
2D SESSION 
H. R. 4503 
To enhance energy conservation and research and development, to provide 
for security and diversity in the energy supply for the American people, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2004 
Mr. BARTON of Texas introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Science, Ways and Means, Resources, Education and the Workforce, 
Transportation and Infrastructure, Financial Services, Agriculture, and 
Budget, 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 enhance energy conservation and research and develop-
ment, to provide for security and diversity in the energy 
supply for the American people, and for other purposes. 
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 2004’’. 
(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. 106. Energy Savings Performance Contracts pilot program for nonbuilding 
applications. 
Sec. 107. Voluntary commitments to reduce industrial energy intensity. 
Sec. 108. Advanced Building Efficiency Testbed. 
Sec. 109. Federal building performance standards. 
Sec. 110. Increased use of recovered mineral component in Federally funded 
projects involving procurement of cement or concrete. 
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. 
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 effi-
ciency 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. 146. North American Development Bank. 
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. Grants to improve the commercial value of forest biomass for electric 
energy, useful heat, transportation fuels, petroleum-based prod-
uct substitutes, and other commercial purposes. 
Sec. 207. Biobased products. 
Subtitle B—Geothermal energy 
Sec. 211. Short title. 
Sec. 212. Competitive lease sale requirements. 
Sec. 213. Direct use. 
Sec. 214. Royalties and near-term production incentives. 
Sec. 215. Geothermal leasing and permitting on Federal lands. 
Sec. 216. Review and report to Congress. 
Sec. 217. Reimbursement for costs of NEPA analyses, documentation, and 
studies. 
Sec. 218. Assessment of Geothermal energy potential. 
Sec. 219. Cooperative or Unit plans. 
Sec. 220. Royalty on byproducts. 
Sec. 221. Repeal of authorities of Secretary to readjust terms, conditions, rent-
als, and royalties. 
Sec. 222. Crediting of rental toward royalty. 
Sec. 223. Lease duration and work commitment requirements. 
Sec. 224. Advanced royalties required for suspension of production. 
Sec. 225. Annual rental. 
Sec. 226. Leasing and permitting on Federal lands withdrawn for military pur-
poses. 
Sec. 227. Technical amendments. 
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. 
Sec. 244. Increased hydroelectric generation at existing Federal facilities. 
Sec. 245. Shift of project loads to off-peak periods. 
Sec. 246. Corps of Engineers hydropower operation and maintenance funding. 
Sec. 247. Limitation on certain charges assessed to the flint creek project, 
Montana. 
Sec. 248. Reinstatement and transfer. 
TITLE III—OIL AND GAS 
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. 
Subtitle B—Production incentives 
Sec. 311. Definition of Secretary. 
Sec. 312. Program on oil and gas royalties in-kind.
Sec. 313. Marginal property production incentives. 
Sec. 314. Incentives for natural gas production from deep wells in the shallow 
waters of the Gulf of Mexico. 
Sec. 315. Royalty Relief for deep water production. 
Sec. 316. Alaska offshore royalty suspension. 
Sec. 317. Oil and gas leasing in the National Petroleum Reserve in Alaska. 
Sec. 318. Orphaned, abandoned, or idled wells on Federal land. 
Sec. 319. Combined hydrocarbon leasing. 
Sec. 320. Liquified natural gas. 
Sec. 321. Alternate energy-related uses on the outer Continental Shelf. 
Sec. 322. Preservation of geological and geophysical data. 
Sec. 323. Oil and gas lease acreage limitations. 
Sec. 324. Assessment of dependence of State of Hawaii on oil. 
Sec. 325. Deadline for decision on appeals of consistency determination under 
the Coastal Zone Management Act of 1972. 
Sec. 326. Reimbursement for costs of NEPA analyses, documentation, and 
studies. 
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. 331. Bilateral international oil supply agreements. 
Sec. 332. Natural gas market reform. 
Sec. 333. Natural gas market transparency. 
Subtitle C—Access to Federal land 
Sec. 341. Office of Federal Energy Project Coordination. 
Sec. 342. Federal onshore oil and gas leasing and permitting practices. 
Sec. 343. Management of Federal oil and gas leasing programs. 
Sec. 344. Consultation regarding oil and gas leasing on public land. 
Sec. 345. Estimates of oil and gas resources underlying onshore Federal land. 
Sec. 346. Compliance with executive order 13211; actions concerning regula-
tions that significantly affect energy supply, distribution, or 
use. 
Sec. 347. Pilot Project to improve Federal permit coordination. 
Sec. 348. Deadline for consideration of applications for permits. 
Sec. 349. Clarification of fair market rental value determinations for public 
land and Forest Service rights-of-way. 
Sec. 350. Energy facility rights-of-way and corridors on Federal land. 
Sec. 351. Consultation regarding energy rights-of-way on public land. 
Sec. 352. Renewable energy on Federal land. 
Sec. 353. Electricity transmission line right-of-way, cleveland national forest 
and adjacent public land, California. 
Sec. 354. Sense of Congress regarding development of MINERALS under 
Padre Island National Seashore. 
Sec. 355. Encouraging prohibition of off-shore Drilling in the Great Lakes. 
Sec. 356. Finger Lakes National Forest withdrawal. 
Sec. 357. Study on lease exchanges in the rocky mountain front. 
Sec. 358. Federal coalbed methane regulation. 
Sec. 359. Livingston parish mineral rights transfer. 
Subtitle D—Alaska Natural Gas Pipeline 
Sec. 371. Short title.
Sec. 372. Definitions. 
Sec. 373. Issuance of certificate of public convenience and necessity. 
Sec. 374. Environmental reviews. 
Sec. 375. Pipeline expansion. 
Sec. 376. Federal Coordinator. 
Sec. 377. Judicial review. 
Sec. 378. State jurisdiction over in-State delivery of natural gas. 
Sec. 379. Study of alternative means of construction. 
Sec. 380. Clarification of angta status and authorities. 
Sec. 381. Sense of Congress concerning use of steel manufactured in North 
America negotiation of a project labor Agreement. 
Sec. 382. Sense of Congress and study concerning participation by small busi-
ness concerns. 
Sec. 383. Alaska pipeline construction training Program. 
Sec. 384. Sense of Congress concerning natural gas demand. 
Sec. 385. Sense of Congress concerning Alaskan ownership. 
Sec. 386. Loan guarantees. 
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. 413. Integrated gasification combined cycle technology. 
Sec. 414. Petroleum coke gasification. 
Sec. 415. Integrated coal/renewable energy system. 
Sec. 416. Electron scrubbing demonstration. 
Subtitle C—Federal Coal Leases 
Sec. 421. Repeal of the 160-acre limitation for coal leases. 
Sec. 422. Mining plans. 
Sec. 423. Payment of advance royalties under coal leases. 
Sec. 424. Elimination of deadline for submission of coal lease operation and 
reclamation plan. 
Sec. 425. Amendment relating to financial assurances with respect to bonus 
bids. 
Sec. 426. Inventory requirement. 
Sec. 427. Application of amendments. 
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. Four corners transmission line project.
Sec. 505. Energy efficiency in federally assisted housing. 
Sec. 506. Consultation with Indian tribes. 
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. 
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. 628. Decommissioning pilot program. 
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. 637. Uranium enrichment facilities. 
Sec. 638. National uranium stockpile. 
Subtitle C—Advanced Reactor Hydrogen Cogeneration Project 
Sec. 651. Project establishment. 
Sec. 652. Project definition. 
Sec. 653. Project management. 
Sec. 654. Project requirements. 
Sec. 655. Authorization of appropriations. 
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. 702. Neighborhood electric vehicles. 
Sec. 703. Credits for medium and heavy duty dedicated vehicles. 
Sec. 704. Incremental cost allocation. 
Sec. 705. Alternative compliance and flexibility. 
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 I—HYBRID VEHICLES 
Sec. 711. Hybrid vehicles. 
PART II—ADVANCED VEHICLES 
Sec. 721. Definitions. 
Sec. 722. Pilot program. 
Sec. 723. Reports to Congress. 
Sec. 724. Authorization of appropriations. 
PART III—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. 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. 
Subtitle E—Automobile efficiency 
Sec. 771. Authorization of appropriations for implementation and enforcement 
of fuel economy standards.
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, 2012, 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 2014 through 2023.’’. 
(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