(3) COURT ACTION.—If an action is brought 
under paragraph (2), the Court shall review whether 
the parties to the memorandum of agreement have 
been acting in good faith, whether the applicant has 
been cooperating fully with the agencies that are re-
sponsible for issuing a Federal refinery authoriza-
tion, and any other relevant materials in the consoli-
dated record. Taking into consideration those fac-
tors, if the Court finds that a failure to act de-
scribed in paragraph (1) has occurred, and that such 
failure to act would jeopardize timely completion of 
the entire schedule as established in the memo-
randum of agreement, the Court shall establish a 
new schedule that is the most expeditious coordi-
nated schedule possible for completion of pro-
ceedings, consistent with the full substantive and 
procedural review required by Federal law. The 
court may issue orders to enforce any schedule it es-
tablishes under this paragraph. 
(4) FEDERAL COORDINATOR’S ACTION.—When 
any civil action is brought under this subsection, the 
Federal coordinator shall immediately file with the 
Court the consolidated record compiled by the Fed-
eral coordinator pursuant to subsection (c). 
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(5) EXPEDITED REVIEW.—The Court shall set 
any civil action brought under this subsection for ex-
pedited consideration. 
(e) APPLICABILITY.—This section shall only apply to 
a refinery sited or proposed to be sited or expanded or 
proposed to be expanded— 
(1) in a State whose governor has submitted a 
request to the President for the application of the 
process coordination and rules of procedure under 
this section to the siting, construction, expansion, or 
operation of any refinery in that State; 
(2) on a closed military installation, or portion 
thereof, made available for the siting of a refinery in 
the manner provided by the base closure law applica-
ble to the installation; or 
(3) on Indian lands if the relevant tribal organi-
zation has submitted a request to the President for 
the application of the process coordination and rules 
of procedure under this section to the siting, con-
struction, expansion, or operation of any refinery on 
that Indian land. 
SEC. 204. DESIGNATION OF CLOSED MILITARY BASES. 
(a) DESIGNATION REQUIREMENT.—Not later than 
90 days after the date of enactment of this Act, the Presi-
dent shall designate no less than 3 closed military installa-
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tions, or portions thereof, as potentially suitable for the 
construction of a refinery. At least 1 such site shall be 
designated as potentially suitable for construction of a re-
finery to refine biomass in order to produce biofuel. 
(b) REDEVELOPMENT AUTHORITY.—The redevelop-
ment authority for each installation designated under sub-
section (a), in preparing or revising the redevelopment 
plan for the installation, shall consider the feasibility and 
practicability of siting a refinery on the installation. 
(c) MANAGEMENT AND DISPOSAL OF REAL PROP-
ERTY.—The Secretary of Defense, in managing and dis-
posing of real property at an installation designated under 
subsection (a) pursuant to the base closure law applicable 
to the installation, shall give substantial deference to the 
recommendations of the redevelopment authority, as con-
tained in the redevelopment plan for the installation, re-
garding the siting of a refinery on the installation. The 
management and disposal of real property at a closed mili-
tary installation or portion thereof found to be suitable 
for the siting of a refinery under subsection (a) shall be 
carried out in the manner provided by the base closure 
law applicable to the installation. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘base closure law’’ means the De-
fense Base Closure and Realignment Act of 1990 
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