984
(3) LIMITATION
ON
SCOPE
OF
CERTAIN
RE-
VIEW.—Judicial review of a Secretarial decision to 
conduct a lease sale under this title, including the 
environmental analysis thereof, shall be limited to 
whether the Secretary has complied with the terms 
of this title and shall be based upon the administra-
tive record of that decision. The Secretary’s identi-
fication of a preferred course of action to enable 
leasing to proceed and the Secretary’s analysis of 
environmental effects under this title shall be pre-
sumed to be correct unless shown otherwise by clear 
and convincing evidence to the contrary. 
(b) LIMITATION ON OTHER REVIEW.—Actions of the 
Secretary with respect to which review could have been 
obtained under this section shall not be subject to judicial 
review in any civil or criminal proceeding for enforcement. 
SEC. 2209. FEDERAL AND STATE DISTRIBUTION OF REVE-
NUES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, of the amount of adjusted bonus, rental, and 
royalty revenues from oil and gas leasing and operations 
authorized under this title—
(1) 50 percent shall be paid to the State of 
Alaska; and
985
(2) except as provided in section 2212(d) the 
balance shall be deposited into the Treasury as mis-
cellaneous receipts. 
(b) PAYMENTS TO ALASKA.—Payments to the State 
of Alaska under this section shall be made semiannually. 
(c) USE OF BONUS PAYMENTS FOR LOW-INCOME 
HOME ENERGY ASSISTANCE.—Amounts that are received 
by the United States as bonuses for leases under this title 
and deposited into the Treasury under subsection (a)(2) 
may be appropriated to the Secretary of the Health and 
Human Services, in addition to amounts otherwise avail-
able, to provide assistance under the Low-Income Home 
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). 
SEC. 2210. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN. 
(a) EXEMPTION.—Title XI of the Alaska National In-
terest Lands Conservation Act (16 U.S.C. 3161 et seq.) 
shall not apply to the issuance by the Secretary under sec-
tion 28 of the Mineral Leasing Act (30 U.S.C. 185) of 
rights-of-way and easements across the Coastal Plain for 
the transportation of oil and gas. 
(b) TERMS AND CONDITIONS.—The Secretary shall 
include in any right-of-way or easement referred to in sub-
section (a) such terms and conditions as may be necessary 
to ensure that transportation of oil and gas does not result 
in a significant adverse effect on the fish and wildlife, sub-
986
sistence resources, their habitat, and the environment of 
the Coastal Plain, including requirements that facilities be 
sited or designed so as to avoid unnecessary duplication 
of roads and pipelines. 
(c) REGULATIONS.—The Secretary shall include in 
regulations under section 2203(g) provisions granting 
rights-of-way and easements described in subsection (a) 
of this section. 
SEC. 2211. CONVEYANCE. 
In order to maximize Federal revenues by removing 
clouds on title to lands and clarifying land ownership pat-
terns within the Coastal Plain, the Secretary, notwith-
standing the provisions of section 1302(h)(2) of the Alas-
ka National Interest Lands Conservation Act (16 U.S.C. 
3192(h)(2)), shall convey—
(1) to the Kaktovik Inupiat Corporation the 
surface estate of the lands described in paragraph 1 
of Public Land Order 6959, to the extent necessary 
to fulfill the Corporation’s entitlement under section 
12 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1611) in accordance with the terms and con-
ditions of the Agreement between the Department of 
the Interior, the United States Fish and Wildlife 
Service, the Bureau of Land Management, and the
987
Kaktovik Inupiat Corporation effective January 22, 
1993; and 
(2) to the Arctic Slope Regional Corporation 
the remaining subsurface estate to which it is enti-
tled pursuant to the August 9, 1983, agreement be-
tween the Arctic Slope Regional Corporation and the 
United States of America. 
SEC. 2212. LOCAL GOVERNMENT IMPACT AID AND COMMU-
NITY SERVICE ASSISTANCE. 
(a) FINANCIAL ASSISTANCE AUTHORIZED.—
(1) IN
GENERAL.—The Secretary may use 
amounts available from the Coastal Plain Local Gov-
ernment Impact Aid Assistance Fund established by 
subsection (d) to provide timely financial assistance 
to entities that are eligible under paragraph (2) and 
that are directly impacted by the exploration for or 
production of oil and gas on the Coastal Plain under 
this title. 
(2) ELIGIBLE
ENTITIES.—The North Slope 
Borough, Kaktovik, and other boroughs, municipal 
subdivisions, villages, and any other community or-
ganized under Alaska State law shall be eligible for 
financial assistance under this section. 
(b) USE
OF
ASSISTANCE.—Financial assistance 
under this section may be used only for—
988
(1) planning for mitigation of the potential ef-
fects of oil and gas exploration and development on 
environmental, social, cultural, recreational and sub-
sistence values; 
(2) implementing mitigation plans and main-
taining mitigation projects; 
(3) developing, carrying out, and maintaining 
projects and programs that provide new or expanded 
public facilities and services to address needs and 
problems associated with such effects, including fire-
fighting, police, water, waste treatment, medivac, 
and medical services; and 
(4) establishment of a coordination office, by 
the North Slope Borough, in the City of Kaktovik, 
which shall—
(A) coordinate with and advise developers 
on local conditions, impact, and history of the 
areas utilized for development; and 
(B) provide to the Committee on Resources 
of the Senate and the Committee on Energy 
and Resources of the Senate an annual report 
on the status of coordination between devel-
opers and the communities affected by develop-
ment. 
(c) APPLICATION.—
989
(1) IN GENERAL.—Any community that is eligi-
ble for assistance under this section may submit an 
application for such assistance to the Secretary, in 
such form and under such procedures as the Sec-
retary may prescribe by regulation. 
(2) NORTH SLOPE BOROUGH COMMUNITIES.—A 
community located in the North Slope Borough may 
apply for assistance under this section either directly 
to the Secretary or through the North Slope Bor-
ough. 
(3) APPLICATION ASSISTANCE.—The Secretary 
shall work closely with and assist the North Slope 
Borough and other communities eligible for assist-
ance under this section in developing and submitting 
applications for assistance under this section. 
(d) ESTABLISHMENT OF FUND.—
(1) IN GENERAL.—There is established in the 
Treasury the Coastal Plain Local Government Im-
pact Aid Assistance Fund. 
(2) USE.—Amounts in the fund may be used 
only for providing financial assistance under this 
section. 
(3) DEPOSITS.—Subject to paragraph (4), there 
shall be deposited into the fund amounts received by 
the United States as revenues derived from rents,
990
bonuses, and royalties under on leases and lease 
sales authorized under this title. 
(4) LIMITATION
ON
DEPOSITS.—The total 
amount in the fund may not exceed $11,000,000. 
(5) INVESTMENT
OF
BALANCES.—The Sec-
retary of the Treasury shall invest amounts in the 
fund in interest bearing government securities. 
(e) AUTHORIZATION OF APPROPRIATIONS.—To pro-
vide financial assistance under this section there is author-
ized to be appropriated to the Secretary from the Coastal 
Plain Local Government Impact Aid Assistance Fund 
$5,000,000 for each fiscal year. 
TITLE XXIII—SET AMERICA FREE 
(SAFE) 
SEC. 2301. SHORT TITLE. 
This title may be cited as the ‘‘Set America Free Act 
of 2005’’ or the ‘‘SAFE Act’’. 
SEC. 2302. FINDINGS. 
Congress finds the following: 
(1) The three contiguous North American coun-
tries of Canada, Mexico, and the United States 
share many economic, environmental, and security 
interests, including being among each others’ largest 
trading partners, similar interests in clean air and 
clean water, concern about infiltration of terrorists
991
from nations that host terrorist organizations, and 
interdependent economic systems. 
(2) North American energy self-sufficiency is 
consistent with the shared interests of the three con-
tiguous North American countries and should be 
achieved through methods that recognize and respect 
the sovereignty of each of the three contiguous 
North American countries. 
(3) The Energy Information Administration 
(EIA), in its April 2004 International Energy Out-
look, projects that world energy consumption will in-
crease by 54 percent from 2001 to 2025 and that 
world oil consumption will rise from 77 million bar-
rels per day (Mmbbl/d) in 2001 to 121 Mmbbl/d in 
2025. 
(4) In the same report, EIA projects that, with-
out a change in governmental policy, the United 
States oil consumption will rise by 44.4 percent from 
19.6 Mmbbl/d (7.15 billion barrels per year (Bbbl/
y)) in 2001 to 28.3 Mmbbl/d (10.33 Bbbl/y) in 
2025, and that the oil consumption of the three con-
tiguous North American countries of Canada, Mex-
ico, and the United States (in this title referred to 
as the ‘‘three contiguous North American coun-
tries’’) will rise by 47.2 percent from 23.5 Mmbbl/
992
d (8.58 Bbbl/y) in 2001 (30.5 percent of world con-
sumption) to 34.6 Mmbbl/d (12.6 Bbbl/y) in 2025 
(28.6 percent of world consumption). 
(5) EIA projects that, without a change in gov-
ernmental policy, oil production in the three contig-
uous North American countries will rise by 18.8 per-
cent from 15.4 Mmbbl/d (5.6 Bbbl/y) in 2001 (19.4 
percent of world production) to 18.3 Mmbbl/d (6.7 
Bbbl/y) in 2025 (14.5 percent of world production). 
(6) EIA projects that, without a change in gov-
ernmental policy, the three contiguous North Amer-
ican countries contain 492.7 Bbbls of oil resources 
(16.8 percent of total world oil resources) (not in-
cluding unconventional oil resources such as United 
States oil shale or the overwhelming majority of Ca-
nadian oil sands) at the base case oil price, which 
represents sufficient oil to fully supply the needs of 
the three contiguous North American countries for 
57.4 years based on 2001 oil consumption and 39.1 
years based on projected 2025 oil consumption, re-
sulting in an average of approximately 48 years of 
full supply. 
(7) In the same report, EIA projects that, with-
out a change in governmental policy, the United 
States natural gas consumption will rise by 38.9
993
percent from 22.6 trillion cubic feet per year (Tcf/
y) in 2001 to 31.4 Tcf/y in 2025, and that the nat-
ural gas consumption of the three contiguous North 
American countries will rise by 48.0 percent from 
26.9 Tcf/y in 2001 (29.3 percent of world consump-
tion) to 39.8 Tcf/y in 2025 (26.3 percent of world 
consumption). 
(8) EIA projects that, without a change in gov-
ernmental policy, natural gas production in the three 
contiguous North American countries will rise by 
21.7 percent from 27.6 Tcf/y in 2001 (30.3 percent 
of world production) to 33.6 Tcf/y in 2025 (22.3 
percent of world production), not including Alaskan 
gas through the natural gas pipeline, gas from gas 
hydrates, nor expanded coal gasification. The United 
States Geological Survey estimates that natural gas 
hydrate resources in-place total 169,000 Tcf in Alas-
ka and its surrounding waters, and approximately 
150,000 Tcf off the lower-48 Atlantic, Pacific, and 
Gulf of Mexico coastlines. 
(9) The terrorist attacks in the United States 
on September 11, 2001, and the subsequent expan-
sion of terrorist organizations in regions outside of 
North America in areas that are major suppliers of 
oil, and potential suppliers of liquified natural gas,
994
to the United States have significantly increased the 
national security and homeland security risks to the 
United States of relying upon oil and natural gas 
supply sources located outside of the three contig-
uous North American countries. The United States 
imports 60 percent of our oil supplies–the highest in 
history. After Canada and Mexico, the largest oil 
suppliers to the United States are Saudi Arabia, 
Venezuela, Nigeria, Iraq, and Algeria all of which 
suffer from significant instability. 
(10) According to published scientific, technical, 
and economic reports, the three contiguous North 
American countries have the resource base and tech-
nical ability to increase production of oil by at least 
15 Mmbbl/d by 2025 and 20 Mmbbl/d by 2030 even 
before increases in coal liquifaction, biofuels, gas-to-
liquids, and other methods of creating liquid sub-
stitutes for crude oil and crude oil products. 
(11) This increase in North American oil pro-
duction would be derived from a variety of resources 
including, among others—
(A) the United States oil shale resource 
base (2 trillion barrels of oil in place out of 2.6 
trillion in the world) believed to be capable of
995
eventually producing 10 Mmbbl/d for more than 
100 years; 
(B) the Canadian Alberta oil sands re-
source base (1.7 trillion barrels of oil in place), 
also believed to be capable of eventually pro-
ducing 10 Mmbbl/d for more than 100 years; 
(C) the United States heavy oil resource 
base (80 billion barrels of oil in place); 
(D) the remaining 400 billion barrels of 
conventional oil in place in the United States of 
which 60 billion barrels are potentially produc-
ible with advanced CO2 enhanced oil recovery 
technology; 
(E) the United States oil sands resource 
base of 54 billion barrels of oil in place; 
(F) the Arctic National Wildlife Refuge 
Coastal Plain area (ANWR) with a mean tech-
nically recoverable resource of more than 10 bil-
lion barrels of oil; 
(G) the National Petroleum Reserve-Alas-
ka (NPR-A) with a mean technically recover-
able resource of 9.3 billion barrels of oil; 
(H) the 12–18 billion barrels of oil likely 
to be producible in the Canadian Atlantic off-
shore;
996
(I) the extensive resources of the Canadian 
Arctic onshore and offshore; 
(J) the extensive resources in the Alaskan 
Arctic offshore and the outer Continental Shelf 
offshore the lower-48 United States; 
(K) other extensive oil resources in Canada 
and the United States; and 
(L) the extensive oil resources of Mexico. 
(12) In addition to being the ‘‘Saudi Arabia’’ of 
oil shale with at least 75 percent of the world’s oil 
shale resource base, the United States is also the 
‘‘Saudi Arabia’’ of coal. The EIA estimates that 
total economically recoverable reserves of coal 
around the world are 1,083 billion short tons–
enough to last approximately 210 years at current 
consumption levels. EIA estimates that the economi-
cally recoverable coal reserves of the United States, 
at 25 percent of total world reserves, are the largest 
in the world. Total United States coal resources are 
vastly larger than the 270 billion short tons of eco-
nomically recoverable reserves, and with new tech-
nology much more could economically be made avail-
able to supply our energy needs. World consumption 
of coal in 2001 was 5.26 billion short tons and is 
projected to grow to 7.57 billion short tons in 2025.
997
70 percent of the increased world consumption is 
projected to be attributable to China and India. 
United States consumption of coal in 2001 was 1.06 
billion short tons and is projected to grow to 1.57 
billion short tons in 2025. 
(13) Growth in world oil consumption has been 
outstripping growth in world production of conven-
tional oil resources for several primary reasons, in-
cluding that conventional oil production in most oil 
producing countries has peaked and is now declin-
ing, and developing nations such as China and India 
are greatly accelerating their consumption of crude 
oil. 
(14) The recent increases in world oil prices are 
caused by the faster growth in demand over supply 
and this trend is likely to continue because the re-
maining conventional oil is more difficult and expen-
sive to find and produce, and frequently not reason-
ably available. 
(15) The National Intelligence Council, an advi-
sor to the Central Intelligence Agency, found in its 
report, ‘‘Mapping the Global Future,’’ NIC 2004–
13, December 2004, that ‘‘Continued limited access 
of the international oil companies to major fields 
could restrain this investment necessary for supply
998
to meet demand, however, and many of the areas—
the Caspian Sea, Venezuela, West Africa, and South 
China Sea—that are being counted on to provide in-
creased output involve substantial political or eco-
nomic risk. Traditional suppliers in the Middle East 
are also increasingly unstable. Thus sharper de-
mand-driven competition for resources, perhaps ac-
companied by a major disruption of oil supplies, is 
among the key uncertainties. China and India, which 
lack adequate domestic energy resources, will have 
to ensure continued access to outside suppliers; thus, 
the need for energy will be a major factor in shaping 
their foreign and defense policies, including expand-
ing naval power’’. 
(16) Because the price of crude oil is set on a 
world market basis, the excess of world demand over 
supply will continue to drive up oil prices to levels 
potentially several times those of today unless all na-
tions capable of producing significant quantities of 
incremental oil respond by ensuring such production 
is developed and available for consumption on an ex-
pedited basis. 
(17) The eventual, long-term solution is to 
drastically reduce the world’s reliance on oil as the 
primary fuel for transportation (40 percent of the
999
United States consumption of oil is to power light 
motor vehicles). 
(18) North America, while maximizing the pro-
duction of oil, must use the next 40 years as a tran-
sition period to a more sustainable energy model. 
(19) The United States also has large renew-
able energy resource potential including wind, geo-
thermal, solar, biomass, ocean thermal, waves and 
currents, and hydroelectric. The EIA’s July 2004 re-
port, ‘‘Renewable Energy Trends 2003’’, found that 
renewable energy provided 6 percent of the Nation’s 
energy supply in 2003. The largest renewable energy 
source was biomass with 47 percent of the renew-
ables total energy output, followed closely by hydro-
electric with 45 percent, then geothermal with 5 per-
cent, wind with 2 percent, and solar with 1 percent. 
Technology is rapidly advancing, positioning renew-
able energy to provide an increasing share of our en-
ergy supply in the residential, commercial, indus-
trial, transportation, and electric power sectors. The 
United States public lands and waters comprise 2.25 
billion acres, large portions of which may be avail-
able to rapidly expand this clean and renewable al-
ternative to fossil energy resources. These lands
1000
should be reviewed for their potential contribution to 
our Nation’s domestic energy security. 
(20) The United States has the strongest envi-
ronmental safeguards in the world, and our stand-
ards, science, and technology have proven that the 
United States can produce energy in an environ-
mentally benign manner, particularly when com-
pared with the lesser environmental standards in 
most foreign oil producing countries. 
(21) The 1999 Clinton Administration report, 
‘‘Environmental Benefits of Advanced Oil and Gas 
Exploration and Production Technology,’’ highlights 
the technological achievements of the United States 
oil and gas industry. The report noted, ‘‘public 
awareness of the significant and impressive environ-
mental benefits from new exploration and production 
(E&P) technology advances remains limited . . .. 
We believe it is important to tell this remarkable 
story of environmental progress in E&P technology. 
Greater awareness of the industry’s achievements in 
environmental protection will provide the context for 
effective policy, and for informed decision making by 
both the private and public sectors.’’. 
(22) Many Americans believe the myth that 
spills from oil and natural gas exploration and pro-
1001
duction are the leading cause of oil pollution in the 
oceans and the Nation’s rivers and streams. The re-
ality is that, to the contrary, in 2002 the National 
Academy of Sciences found that offshore oil and nat-
ural gas exploration and production account for a 
total of only 2 percent of the oil in the North Amer-
ican marine environment; natural sources such as oil 
seeps account for 63 percent of such oil; industrial 
and municipal discharges, including urban runoff, 
account for 22 percent of such oil; atmospheric pol-
lution accounts for 8 percent of such oil; marine 
transportation accounts for 3 percent of such oil; 
and recreational vessels account for 2 percent of 
such oil. 
(23) Various national security organizations 
and experts have warned the United States of the 
escalating risks to our national security of relying on 
transoceanic oil imports from unstable regions of the 
world for a significant part of our oil supplies, and 
they have urged the Nation to reduce its dependence 
on oil. 
(24) Polls consistently have found that a major-
ity of individuals in the United States strongly sup-
port reducing our reliance on foreign energy sources.
1002
(25) A recent report on ‘‘Energy and National 
Security’’ issued by Sandia National Laboratories, 
SAND2003–3287, September 2003, found that our 
national security is threatened by our continued reli-
ance on vast quantities of oil from unstable foreign 
sources. The report found that supply disruptions, 
caused by terrorists or otherwise, could immediately 
remove many millions of barrels of oil per day from 
the world supply, and noted that the EIA has esti-
mated that for every one million bbl/d of oil supply 
disrupted, world oil prices might increase $3–$5 per 
barrel. Sandia found six solution options, includ-
ing—
(A) maintenance of strategic reserves; 
(B) support of foreign government regimes 
likely to maintain production; 
(C) military deterrence, protection, or 
intervention to secure production sources and 
facilities; 
(D) diversification of production sources; 
(E) reduction of oil intensity through con-
servation or through more efficient energy use; 
and 
(F) development and deployment of alter-
natives to oil (or gas).
1003
Sandia noted ‘‘that none of these measures seems 
likely to emerge from business-as-usual market proc-
esses. Thus implementation of these measures will 
usually require public policy decisions. In the case of 
the first three, they would be foreign and military 
policy decisions; in the case of the latter three, they 
would be legal, regulatory, or governmental subsidy 
decisions.’’ Sandia mentioned oil shale and tar sands 
as potential diversified sources of oil supplies, and 
hydrogen, coal, renewables, nuclear fission, and 
methane hydrates as alternatives to oil. 
(26) President Clinton concluded, on February 
16, 1995, under section 232 of the Trade Expansion 
Act of 1962, that ‘‘. . . the nation’s growing reli-
ance on imports of crude oil and refined petroleum 
products threaten the nation’s security because they 
increase U.S. vulnerability to oil supply interrup-
tions.’’. In 1994 crude oil imports were 7.051 million 
barrels per day. On March 24, 2000, President Clin-
ton, upon further review under section 232, found, 
‘‘I have reviewed and approved the findings of your 
investigative report . . . that imports of crude oil 
threaten to impair the national security.’’. Between 
the two statements by President Clinton, United
1004
States crude oil imports increased 21.6 percent to 
8.581 million barrels per day in 1999. 
(27) Economists have found that while OPEC 
is an important source of oil price increases, the 
United States government is also partly to blame be-
cause overly burdensome government regulations on 
domestic energy exploration, production, and sales 
have supported OPEC’s monopoly power and re-
stricted competition from American energy compa-
nies, in addition to making expansive highly prospec-
tive areas off-limits to leasing and production. 
(28) In addition to jeopardizing our national 
and energy security, importing the majority of our 
oil also injures our economic security. The United 
States imported approximately 4.7 billion barrels of 
oil in 2004, of which 1.4 billion barrels were from 
Canada and Mexico. Imported energy creates very 
few jobs in the United States and makes only a very 
minor contribution to our Gross Domestic Product 
(GDP). If we substitute North American production 
for the remaining 3.3 billion barrels of imports per 
year, at $40 per barrel the new production would 
sell for $132 billion. A widely used commercial eco-
nomics model projects that GDP would increase by 
$336 billion, creating 1,667,160 jobs, each with an
1005
average total annual compensation of $50,356. Fur-
ther, such activity is projected to generate approxi-
mately $22 billion in indirect business taxes, includ-
ing sales, excise, and severance taxes. At a one-
eighth royalty, total royalty payments to mineral 
rights owners would approximate $16.5 billion per 
year. Further, our imported energy represents more 
than 25 percent of our international trade deficit. 
American production could eliminate two-thirds of 
the 25 percent, strengthening our economy. 
SEC. 2303. PURPOSE. 
The purpose of this title is to establish a United 
States commission to make recommendations for a coordi-
nated and comprehensive North American energy policy 
that will achieve energy self-sufficiency by 2025 within the 
three contiguous North American nation area of Canada, 
Mexico, and the United States. 
SEC. 2304. UNITED STATES COMMISSION ON NORTH AMER-
ICAN ENERGY FREEDOM. 
(a) ESTABLISHMENT.—There is hereby established 
the United States Commission on North American Energy 
Freedom (in this title referred to as the ‘‘Commission’’). 
The Federal Advisory Committee Act (5 U.S.C. App.), ex-
cept sections 3, 7, and 12, does not apply to the Commis-
sion.
1006
(b) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be 
composed of 16 members appointed by the President 
from among individuals described in paragraph (2) 
who are knowledgeable on energy issues, including 
oil and gas exploration and production, crude oil re-
fining, oil and gas pipelines, electricity production 
and transmission, coal, unconventional hydrocarbon 
resources, fuel cells, motor vehicle power systems, 
nuclear energy, renewable energy, biofuels, energy 
efficiency, and energy conservation. The membership 
of the Commission shall be balanced by area of ex-
pertise to the extent consistent with maintaining the 
highest level of expertise on the Commission. Mem-
bers of the Commission may be citizens of Canada, 
Mexico, or the United States, and the President 
shall ensure that citizens of all three nations are ap-
pointed to the Commission. 
(2) NOMINATIONS.—The President shall ap-
point the members of the Commission within 60 
days after the effective date of this Act, including in-
dividuals nominated as follows: 
(A) 4 members shall be appointed from 
amongst individuals independently determined
1007
by the President to be qualified for appoint-
ment. 
(B) 4 members shall be appointed from a 
list of 8 individuals who shall be nominated by 
the majority leader of the Senate in consulta-
tion with the chairman of the Committee on 
Energy and Natural Resources of the Senate. 
(C) 4 members shall be appointed from a 
list of 8 individuals who shall be nominated by 
the Speaker of the House of Representatives in 
consultation with the chairmen of the Commit-
tees on Energy and Commerce and Resources 
of the House of Representatives. 
(D) 2 members shall be appointed from a 
list of 4 individuals who shall be nominated by 
the minority leader of the Senate in consulta-
tion with the ranking Member of the Committee 
on Energy and Natural Resources of the Sen-
ate. 
(E) 2 members shall be appointed from a 
list of 4 individuals who shall be nominated by 
the minority leader of the House in consultation 
with the ranking Members of the Committees 
on Energy and Commerce and Resources of the 
House of Representatives.
1008
(3) CHAIRMAN.—The chairman of the Commis-
sion shall be selected by the President. The chair-
man of the Commission shall be responsible for—
(A) the assignment of duties and respon-
sibilities among staff personnel and their con-
tinuing supervision; and 
(B) the use and expenditure of funds avail-
able to the Commission. 
(4) VACANCIES.—Any vacancy on the Commis-
sion shall be filled in the same manner as the origi-
nal incumbent was appointed. 
(c) RESOURCES.—In carrying out its functions under 
this section, the Commission—
(1) is authorized to secure directly from any 
Federal agency or department any information it 
deems necessary to carry out its functions under this 
Act, and each such agency or department is author-
ized to cooperate with the Commission and, to the 
extent permitted by law, to furnish such information 
(other 
than 
information 
described 
in 
section 
552(b)(1)(A) of title 5, United States Code) to the 
Commission, upon the request of the Commission; 
(2) may enter into contracts, subject to the 
availability of appropriations for contracting, and 
employ such staff experts and consultants as may be
1009
necessary to carry out the duties of the Commission, 
as provided by section 3109 of title 5, United States 
Code; and 
(3) shall establish a multidisciplinary science 
and technical advisory panel of experts in the field 
of energy to assist the Commission in preparing its 
report, including ensuring that the scientific and 
technical information considered by the Commission 
is based on the best scientific and technical informa-
tion available. 
(d) STAFFING.—The chairman of the Commission 
may, without regard to the civil service laws and regula-
tions, appoint and terminate an executive director and 
such other additional personnel as may be necessary for 
the Commission to perform its duties. The executive direc-
tor shall be compensated at a rate not to exceed the rate 
payable for Level IV of the Executive Schedule under 
chapter 5136 of title 5, United States Code. The chairman 
shall select staff from among qualified citizens of Canada, 
Mexico, and the United States of America. 
(e) MEETINGS.—
(1) ADMINISTRATION.—All meetings of the 
Commission shall be open to the public, except that 
a meeting or any portion of it may be closed to the 
public if it concerns matters or information de-
1010
scribed in section 552b(c) of title 5, United States 
Code. Interested persons shall be permitted to ap-
pear at open meetings and present oral or written 
statements on the subject matter of the meeting. 
The Commission may administer oaths or affirma-
tions to any person appearing before it. 
(2) NOTICE; MINUTES; PUBLIC
AVAILABILITY 
OF DOCUMENTS.—
(A) NOTICE.—All open meetings of the 
Commission shall be preceded by timely public 
notice in the Federal Register of the time, 
place, and subject of the meeting. 
(B) MINUTES.—Minutes of each meeting 
shall be kept and shall contain a record of the 
people present, a description of the discussion 
that occurred, and copies of all statements filed. 
Subject to section 552 of title 5, United States 
Code, the minutes and records of all meetings 
and other documents that were made available 
to or prepared for the Commission shall be 
available for public inspection and copying at a 
single location in the offices of the Commission. 
(3) INITIAL MEETING.—The Commission shall 
hold its first meeting within 30 days after all 16 
members have been appointed.
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(f) REPORT.—Within 12 months after the effective 
date of this Act, the Commission shall submit to Congress 
and the President a final report of its findings and rec-
ommendations regarding North American energy freedom. 
(g) ADMINISTRATIVE PROCEDURE FOR REPORT AND 
REVIEW.—Chapter 5 and chapter 7 of title 5, United 
States Code, do not apply to the preparation, review, or 
submission of the report required by subsection (f). 
(h) TERMINATION.—The Commission shall cease to 
exist 90 days after the date on which it submits its final 
report. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this chapter 
a total of $10,000,000 for the 2 fiscal-year period begin-
ning with fiscal year 2005, such sums to remain available 
until expended. 
SEC. 2305. NORTH AMERICAN ENERGY FREEDOM POLICY. 
Within 90 days after receiving and considering the 
report and recommendations of the Commission under sec-
tion 2304, the President shall submit to Congress a state-
ment of proposals to implement or respond to the Commis-
sion’s recommendations for a coordinated, comprehensive, 
and long-range national policy to achieve North American 
energy freedom by 2025.
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TITLE XXV—GRAND CANYON HY-
DROGEN-POWERED 
TRANS-
PORTATION DEMONSTRATION 
SEC. 2501. SHORT TITLE. 
This title may be cited as the ‘‘Grand Canyon Hydro-
gen-Powered Transportation Demonstration Act of 2005’’. 
SEC. 2502. DEFINITIONS. 
For purposes of this title, the term—
(1) ‘‘Departments’’ means the Department of 
Energy jointly with the Department of the Interior; 
and 
(2) ‘‘Secretaries’’ means the Secretary of En-
ergy jointly with the Secretary of the Interior. 
SEC. 2503. FINDINGS. 
The Congress finds that—
(1) there is a need for a research and develop-
ment program to support and foster the develop-
ment, demonstration, and deployment of emerging 
hydrogen-based transportation technologies suitable 
for use in sensitive resource areas; 
(2) partnerships between the Department of 
Energy, the Department of the Interior, Native 
American Tribes, and United States industry to de-
velop hydrogen-based energy technologies can pro-
vide significant benefits to our Nation, including en-
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hancing our environmental stewardship, reducing 
our dependence on foreign oil, increasing our energy 
security, as well as creating jobs for United States 
workers and improving the competitive position of 
the United States in the global economy; and 
(3) when technologically and economically fea-
sible, the implementation of clean, silent or nearly 
silent, hydrogen-based transportation technologies 
would further resource stewardship and experiential 
goals in sensitive resource areas including units of 
the National Park System, such as Grand Canyon 
National Park. 
SEC. 2504. RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION PROGRAM. 
(a) IN GENERAL.—The Secretaries shall jointly es-
tablish and carry out a research and development pro-
gram, in partnership with the private sector, relating to 
hydrogen-based transportation technologies suitable for 
operations in sensitive resource areas such as national 
parks. The Secretaries, in partnership with the private 
sector, shall conduct a demonstration of hydrogen-based 
public transportation technology at Grand Canyon Na-
tional Park within three years after the date of enactment 
of this Act. At his discretion, the Secretary of Energy may 
choose to extend existing Department of Energy hydrogen-
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related vehicle research and development programs in 
order to meet the objectives and requirements of this title. 
The Secretaries shall provide preference to tribal entities 
in the establishment of the research and development pro-
gram. 
(b) OBJECTIVE.—The objective of the program shall 
be to research, develop, and demonstrate, in cooperation 
with affected and related industries, a hydrogen-based al-
ternative public transportation system suitable for oper-
ations within Grand Canyon National Park, that meets 
the following standards: 
(1) Silent or near-silent operation. 
(2) Low, ultra low, or zero emission of pollut-
ants. 
(3) Reliability. 
(4) Safe conveyance of passengers and operator. 
(c) PARTNERSHIP.—In order to accomplish the objec-
tive set forth in subsection (b), the Secretaries shall estab-
lish a partnership among the Departments, manufactur-
ers, other affected or related industries, Native American 
Tribes, and the National Park Service shuttle operators 
and tour operators authorized to provide services in Grand 
Canyon National Park.
1015
SEC. 2505. REPORTS TO CONGRESS. 
One year after the date of enactment of this Act, and 
annually thereafter for the duration of the program, the 
Secretaries shall submit a report to the Committees on 
Appropriations, Resources, and Energy and Commerce of 
the House of Representatives and the Committees on Ap-
propriations and Energy and Natural Resources of the 
Senate describing the ongoing activities of the Secretaries 
and the Departments relating to the program authorized 
under this title and, to the extent practicable, the activities 
planned for the coming fiscal year. 
SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secre-
taries to carry out this title, in addition to any amounts 
made available for these or related purposes under other 
Acts, $400,000 per year for three consecutive fiscal years 
beginning with the full fiscal year following the date of 
enactment of this Act. 
TITLE XXVI—ADDITIONAL 
PROVISIONS 
SEC. 2601. LIMITATION ON REQUIRED REVIEW UNDER 
NEPA. 
(a) LIMITATION ON REVIEW.—Action by the Sec-
retary of the Interior in managing the public lands with 
respect to any of the activities described in subsection (b) 
shall not be subject to review under section 102(2)(C) the
1016
National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)), if the activity is conducted for the purpose 
of exploration or development of a domestic Federal en-
ergy source. 
(b) ACTIVITIES DESCRIBED.—The activities referred 
to in subsection (a) are the following: 
(1) Geophysical exploration that does not re-
quire road building. 
(2) Individual surface disturbances of less than 
5 acres. 
(3) Drilling an oil or gas well at a location or 
well pad site at which drilling has occurred pre-
viously. 
(4) Drilling an oil or gas well within a devel-
oped field for which an approved land use plan or 
any environmental document prepared pursuant to 
the National Environmental Policy Act of 1969 ana-
lyzed such drilling as a reasonably foreseeable activ-
ity. 
(5) Disposal of water produced from an oil or 
gas well, if the disposal is in compliance with a per-
mit issued under the Federal Water Pollution Con-
trol Act. 
(6) Placement of a pipeline in an approved 
right-of-way corridor.
1017
(7) Maintenance of a minor activity, other than 
any construction or major renovation of a building 
or facility. 
SEC. 2602. ENHANCING ENERGY EFFICIENCY IN MANAGE-
MENT OF FEDERAL LANDS. 
(a) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that Federal agencies should enhance the use of 
energy efficient technologies in the management of natural 
resources. 
(b) ENERGY EFFICIENT BUILDINGS.—To the extent 
practicable, the Secretary of the Interior, the Secretary 
of Commerce, and the Secretary of Agriculture shall seek 
to incorporate energy efficient technologies in public and 
administrative buildings associated with management of 
the National Park System, National Wildlife Refuge Sys-
tem, National Forest System, National Marine Sanc-
tuaries System, and other public lands and resources man-
aged by the Secretaries. 
(c) ENERGY EFFICIENT VEHICLES.—To the extent 
practicable, the Secretary of the Interior, the Secretary 
of Commerce, and the Secretary of Agriculture shall seek 
to use energy efficient motor vehicles, including vehicles 
equipped with biodiesel or hybrid engine technologies, in 
the management of the National Park System, National 
Wildlife Refuge System, National Forest System, National
1018
Marine Sanctuaries System, and other public lands and 
resources managed by the Secretaries.
Æ