H. R. 6—140
(o) ROYALTY RATES FOR LEASES.—The Secretary shall establish 
royalties, fees, rentals, bonus, or other payments for leases under 
this section that shall— 
(1) encourage development of the oil shale and tar sands 
resource; and 
(2) ensure a fair return to the United States. 
(p) HEAVY OIL TECHNICAL AND ECONOMIC ASSESSMENT.—The 
Secretary of Energy shall update the 1987 technical and economic 
assessment of domestic heavy oil resources that was prepared by 
the Interstate Oil and Gas Compact Commission. Such an update 
should include all of North America and cover all unconventional 
oil, including heavy oil, tar sands (oil sands), and oil shale. 
(q) PROCUREMENT OF UNCONVENTIONAL FUELS BY THE DEPART-
MENT OF DEFENSE.— 
(1) IN GENERAL.—Chapter 141 of title 10, United States 
Code, is amended by inserting after section 2398 the following: 
‘‘§ 2398a. Procurement of fuel derived from coal, oil shale, 
and tar sands 
‘‘(a) USE OF FUEL TO MEET DEPARTMENT OF DEFENSE NEEDS.—
The Secretary of Defense shall develop a strategy to use fuel pro-
duced, in whole or in part, from coal, oil shale, and tar sands 
(referred to in this section as a ‘covered fuel’) that are extracted 
by either mining or in-situ methods and refined or otherwise proc-
essed in the United States in order to assist in meeting the fuel 
requirements of the Department of Defense when the Secretary 
determines that it is in the national interest. 
‘‘(b) AUTHORITY TO PROCURE.—The Secretary of Defense may 
enter into 1 or more contracts or other agreements (that meet 
the requirements of this section) to procure a covered fuel to meet 
1 or more fuel requirements of the Department of Defense. 
‘‘(c) CLEAN FUEL REQUIREMENTS.—A covered fuel may be pro-
cured under subsection (b) only if the covered fuel meets such 
standards for clean fuel produced from domestic sources as the 
Secretary of Defense shall establish for purposes of this section 
in consultation with the Department of Energy. 
‘‘(d) MULTIYEAR CONTRACT AUTHORITY.—Subject to applicable 
provisions of law, any contract or other agreement for the procure-
ment of covered fuel under subsection (b) may be for 1 or more 
years at the election of the Secretary of Defense. 
‘‘(e) FUEL SOURCE ANALYSIS.—In order to facilitate the procure-
ment by the Department of Defense of covered fuel under subsection 
(b), the Secretary of Defense may carry out a comprehensive assess-
ment of current and potential locations in the United States for 
the supply of covered fuel to the Department.’’. 
(2) CLERICAL
AMENDMENT.—The table of sections for 
chapter 141 of title 10, United States Code, is amended by 
inserting after the item relating to section 2398 the following:
‘‘2398a. Procurement of fuel derived from coal, oil shale, and tar sands.’’.
(r) STATE WATER RIGHTS.—Nothing in this section preempts 
or affects any State water law or interstate compact relating to 
water. 
(s) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.
H. R. 6—141
SEC. 370. FINGER LAKES WITHDRAWAL. 
All Federal land within the boundary of Finger Lakes National 
Forest in the State of New York is withdrawn from— 
(1) all forms of entry, appropriation, or disposal under 
the public land laws; and 
(2) disposition under all laws relating to oil and gas leasing. 
SEC. 371. REINSTATEMENT OF LEASES. 
(a) LEASES
TERMINATED
FOR
CERTAIN
FAILURE
TO
PAY 
RENTAL.—Notwithstanding section 31(d)(2)(B) of the Mineral 
Leasing Act (30 U.S.C. 188(d)(2)(B)) as in effect before the effective 
date of this section, and notwithstanding the amendment made 
by subsection (b) of this section, the Secretary of the Interior may 
reinstate any oil and gas lease issued under that Act that was 
terminated for failure of a lessee to pay the full amount of rental 
on or before the anniversary date of the lease, during the period 
beginning on September 1, 2001, and ending on June 30, 2004, 
if— 
(1) not later than 120 days after the date of enactment 
of this Act, the lessee— 
(A) files a petition for reinstatement of the lease; 
(B) complies with the conditions of section 31(e) of 
the Mineral Leasing Act (30 U.S.C. 188(e)); and 
(C) certifies that the lessee did not receive a notice 
of termination by the date that was 13 months before 
the date of termination; and 
(2) the land is available for leasing. 
(b) DEADLINE FOR PETITIONS, GENERALLY.—Section 31(d)(2) of 
the Mineral Leasing Act (30 U.S.C. 188(d)(2)) is amended by striking 
subparagraphs (A) and (B) and inserting the following: 
‘‘(A) with respect to any lease that terminated under 
subsection (b) on or before the date of the enactment of 
the Energy Policy Act of 2005, a petition for reinstatement 
(together with the required back rental and royalty 
accruing after the date of termination) is filed on or before 
the earlier of— 
‘‘(i) 60 days after the lessee receives from the Sec-
retary notice of termination, whether by return of check 
or by any other form of actual notice; or 
‘‘(ii) 15 months after the termination of the lease; 
or 
‘‘(B) with respect to any lease that terminates under 
subsection (b) after the date of the enactment of the Energy 
Policy Act of 2005, a petition for reinstatement (together 
with the required back rental and royalty accruing after 
the date of termination) is filed on or before the earlier 
of— 
‘‘(i) 60 days after receipt of the notice of termi-
nation sent by the Secretary by certified mail to all 
lessees of record; or 
‘‘(ii) 24 months after the termination of the lease.’’. 
SEC. 372. CONSULTATION REGARDING ENERGY RIGHTS-OF-WAY ON 
PUBLIC LAND. 
(a) MEMORANDUM OF UNDERSTANDING.—