338 
HR 6 PAP 
(6) projects using coal as a fuel, including coal 
gasification projects. 
(c) OPEN MEETINGS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a meeting of the Commission shall be open 
to the public if— 
(A) the Commission members take action on 
behalf of the Commission; or 
(B) the deliberations of the Commission de-
termine, or result in the joint conduct or disposi-
tion of, official Commission business. 
(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to any portion of a Commission meeting for 
which the Commission, in public session, votes to close 
the meeting for the reasons described in paragraph 
(2), (4), (5), or (6) of subsection (c) of section 552b 
of title 5, United States Code. 
(3) PUBLIC NOTICE.— 
(A) IN GENERAL.—At least 1 week before a 
meeting of the Commission, the Commission 
shall make a public announcement of the meeting 
that describes— 
(i) the time, place, and subject matter 
of the meeting;
339 
HR 6 PAP 
(ii) whether the meeting is to be open 
or closed to the public; and 
(iii) the name and telephone number of 
an appropriate person to respond to re-
quests for information about the meeting. 
(B) ADDITIONAL NOTICE.—The Commission 
shall make a public announcement of any change 
to the information made available under sub-
paragraph (A) at the earliest practicable time. 
(4) MINUTES.—The Commission shall keep, and 
make available to the public, a transcript, electronic 
recording, or minutes from each Commission meeting, 
except for portions of the meeting closed under para-
graph (2). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Commission not more 
than $55,000,000 for each of fiscal years 2006 through 2015 
to carry out subsection (b). 
SEC. 326. COMPREHENSIVE INVENTORY OF OCS OIL AND 
NATURAL GAS RESOURCES. 
(a) IN GENERAL.—The Secretary of the Interior shall 
conduct an inventory and analysis of oil and natural gas 
resources beneath all of the waters of the United States 
Outer Continental Shelf (‘‘OCS’’). The inventory and anal-
ysis shall—
340 
HR 6 PAP 
(1) use available data on oil and gas resources 
in areas offshore of Mexico and Canada that will pro-
vide information on trends of oil and gas accumula-
tion in areas of the OCS; 
(2) use any available technology, except drilling, 
but including 3–D seismic technology to obtain accu-
rate resource estimates; 
(3) analyze how resource estimates in OCS areas 
have changed over time in regards to gathering geo-
logical and geophysical data, initial exploration, or 
full field development, including areas such as the 
deepwater and subsalt areas in the Gulf of Mexico; 
(4) estimate the effect that understated oil and 
gas resource inventories have on domestic energy in-
vestments; and 
(5) identify and explain how legislative, regu-
latory, and administrative programs or processes re-
strict or impede the development of identified re-
sources and the extent that they affect domestic sup-
ply, such as moratoria, lease terms and conditions, 
operational stipulations and requirements, approval 
delays by the Federal government and coastal States, 
and local zoning restrictions for onshore processing 
facilities and pipeline landings.
341 
HR 6 PAP 
(b) REPORTS.—The Secretary of Interior shall submit 
a report to Congress on the inventory of estimates and the 
analysis of restrictions or impediments, together with any 
recommendations, within 6 months of the date of enactment 
of the section. The report shall be publicly available and 
updated at least every 5 years. 
SEC. 327. REVIEW AND DEMONSTRATION PROGRAM FOR OIL 
AND NATURAL GAS PRODUCTION. 
(a) REVIEW.— 
(1) IN
GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Secretary 
of the Interior, in consultation with the Secretary of 
Energy (referred to in this section as the ‘‘Sec-
retary’’), shall carry out a review of, and submit to 
Congress a report on opportunities to enhance produc-
tion of oil and natural gas from public land and the 
outer Continental Shelf, and increase sequestration of 
carbon dioxide through the provision of royalty or 
other production incentives to lessees that inject car-
bon dioxide as a means of enhanced recovery. 
(2) COMPONENTS.—The Secretary of the Interior 
shall describe in the review and report under para-
graph (1)— 
(A) eligibility requirements for incentives;
342 
HR 6 PAP 
(B) the appropriate level of royalty relief, if 
any; 
(C) other appropriate production incentives, 
if any; 
(D) an estimate of the increased quantity of 
oil and gas production that could be achieved 
through implementation of those incentives; 
(E) an estimate of the quantity of carbon 
sequestration that could be achieved through im-
plementation of those incentives; 
(F) practices (and the extent of the use of 
the practices) as of the date of enactment of this 
Act that rely on carbon dioxide injection for en-
hanced oil and gas recovery; and 
(G) any recommendations for implementa-
tion of royalty relief or other production incen-
tives, including— 
(i) the period of time during which 
those incentives should be available; and 
(ii) any geographic or other limita-
tions that should apply to the incentives. 
(b) DEMONSTRATION PROGRAM.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—The Secretary shall es-
tablish a competitive grant program to provide
343 
HR 6 PAP 
grants to producers of oil and gas to carry out 
projects to inject carbon dioxide for the purpose 
of enhancing recovery of oil or natural gas while 
increasing the sequestration of carbon dioxide. 
(B) PROJECTS.—The demonstration pro-
gram shall provide for— 
(i) not more than 10 projects in the 
Willistin Basin in North Dakota and Mon-
tana; and 
(ii) 1 project in the Cook Inlet Basin 
in Alaska. 
(2) REQUIREMENTS.— 
(A) IN GENERAL.—The Secretary shall issue 
requirements relating to applications for grants 
under paragraph (1). 
(B) RULEMAKING.—The issuance of require-
ments under subparagraph (A) shall not require 
a rulemaking. 
(C) MINIMUM REQUIREMENTS.—At a min-
imum, the Secretary shall require under sub-
paragraph (A) that an application for a grant 
include— 
(i) a description of the project proposed 
in the application;
344 
HR 6 PAP 
(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
345 
HR 6 PAP 
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.
346 
HR 6 PAP 
(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
347 
HR 6 PAP 
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.
348 
HR 6 PAP 
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-
349 
HR 6 PAP 
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
350 
HR 6 PAP 
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
351 
HR 6 PAP 
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.
352 
HR 6 PAP 
(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
353 
HR 6 PAP 
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
354 
HR 6 PAP 
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-
355 
HR 6 PAP 
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).
356 
HR 6 PAP 
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;
357 
HR 6 PAP 
(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-
358 
HR 6 PAP 
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—
359 
HR 6 PAP 
(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.
360 
HR 6 PAP 
(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
361 
HR 6 PAP 
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 af-
fects—
362 
HR 6 PAP 
(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 estab-
lished— 
(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
363 
HR 6 PAP 
(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
364 
HR 6 PAP 
(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,
365 
HR 6 PAP 
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
366 
HR 6 PAP 
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 au-
thorizations— 
(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;
367 
HR 6 PAP 
(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
368 
HR 6 PAP 
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
369 
HR 6 PAP 
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
370 
HR 6 PAP 
(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-
371 
HR 6 PAP 
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;
372 
HR 6 PAP 
(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,
373 
HR 6 PAP 
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.