a rulemaking to consider the effectiveness of the current
consumer products labeling program in assisting con-
sumers in making purchasing decisions and improving en-
ergy efficiency and to consider changes to the labeling
rules that would improve the effectiveness of consumer
product labels. Such rulemaking shall be completed not
later than 2 years after the date of enactment of this sub-
paragraph.
‘‘(G)(i) Not later than 18 months after date of enact-
ment of this subparagraph, the Commission shall prescribe
by rule, pursuant to this section, labeling requirements for
the electricity used by ceiling fans to circulate air in a
room.
‘‘(ii) The rule prescribed under clause (i) shall apply
to products manufactured after the later of—
‘‘(I) January 1, 2009; or
‘‘(II) the date that is 60 days after the final
rule is prescribed.’’.
(b) RULEMAKING ON LABELING FOR ADDITIONAL
PRODUCTS.—Section 324(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6294(a)) is further amended
by adding at the end the following:
‘‘(5) The Secretary or the Commission, as appro-
priate, may, for covered products referred to in sub-
sections (u) through (aa) of section 325, prescribe, by rule,
pursuant to this section, labeling requirements for such
products after a test procedure has been set pursuant to
section 323. In the case of products to which TP–1 stand-
ards under section 325(y) apply, labeling requirements
shall be based on the ‘Standard for the Labeling of Dis-
tribution Transformer Efficiency’ prescribed by the Na-
tional Electrical Manufacturers Association (NEMA TP–
3) as in effect upon the date of enactment of this para-
graph.’’.
SEC. 135. PREEMPTION.
Section 327 of the Energy Policy and Conservation
Act (42 U.S.C. 6297) is amended by adding at the end
the following:
‘‘(h) CEILING FANS.—Effective on January 1, 2006,
this section shall apply to and supersede all State and local
standards prescribed or enacted for ceiling fans and ceil-
ing fan light kits.’’.
SEC. 136. STATE CONSUMER PRODUCT ENERGY EFFI-
CIENCY STANDARDS.
Effective 3 years after the date of enactment of this
Act, section 327 of the Energy Policy and Conservation
Act (42 U.S.C. 6297) is amended by adding at the end
the following new subsection:
‘‘(i) LIMITATION ON PREEMPTION.—Subsections (a)
and (b) shall not apply with respect to State regulation
of energy consumption or water use of any covered prod-
uct during any period of time—
‘‘(1) after the date which is 3 years after a
Federal standard is required by law to be estab-
lished, but has not been established; and
‘‘(2) before the date on which such Federal
standard is established or revised.’’.
SEC. 137. INTERMITTENT ESCALATORS.
Section 543 of the National Energy Conservation
Policy Act (42 U.S.C. 8253) is amended by adding at the
end the following new subsection:
‘‘(e) INTERMITTENT ESCALATORS.—
‘‘(1) REQUIREMENT.—Except as provided in
paragraph (2), any escalator acquired for installa-
tion in a Federal building shall be an intermittent
escalator.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply at a location outside the United States where
the Federal agency determines that to acquire an
intermittent escalator would require substantially
greater cost to the Government over the life of the
escalator.
‘‘(3) 
ADDITIONAL
ENERGY
CONSERVATION
MEASURES.—In addition to complying with para-
graph (1), Federal agencies shall incorporate other
escalator energy conservation measures, as appro-
priate.
‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘intermittent escalator’ means an
escalator that remains in a stationary position until
it automatically operates at the approach of a pas-
senger, returning to a stationary position after the
passenger completes passage.’’.
Subtitle D—Public Housing
SEC. 141. CAPACITY BUILDING FOR ENERGY-EFFICIENT, AF-
FORDABLE HOUSING.
Section 4(b) of the HUD Demonstration Act of 1993
(42 U.S.C. 9816 note) is amended—
(1) in paragraph (1), by inserting before the
semicolon at the end the following: ‘‘, including ca-
pabilities regarding the provision of energy efficient,
affordable housing and residential energy conserva-
tion measures’’; and
(2) in paragraph (2), by inserting before the
semicolon the following: ‘‘, including such activities
relating to the provision of energy efficient, afford-
able housing and residential energy conservation
measures that benefit low-income families’’.
SEC. 142. INCREASE OF CDBG PUBLIC SERVICES CAP FOR
ENERGY CONSERVATION AND EFFICIENCY
ACTIVITIES.
Section 105(a)(8) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)(8)) is
amended—
(1) by inserting ‘‘or efficiency’’ after ‘‘energy
conservation’’;
(2) by striking ‘‘, and except that’’ and insert-
ing ‘‘; except that’’; and
(3) by inserting before the semicolon at the end
the following: ‘‘; and except that each percentage
limitation under this paragraph on the amount of
assistance provided under this title that may be used
for the provision of public services is hereby in-
creased by 10 percent, but such percentage increase
may be used only for the provision of public services
concerning energy conservation or efficiency’’.
SEC. 143. FHA MORTGAGE INSURANCE INCENTIVES FOR
ENERGY EFFICIENT HOUSING.
(a) SINGLE FAMILY HOUSING MORTGAGE INSUR-
ANCE.—Section 203(b)(2) of the National Housing Act
(12 U.S.C. 1709(b)(2)) is amended, in the first undesig-
nated paragraph beginning after subparagraph (B)(ii)(IV)
(relating to solar energy systems), by striking ‘‘20 per-
cent’’ and inserting ‘‘30 percent’’.
(b) MULTIFAMILY
HOUSING
MORTGAGE
INSUR-
ANCE.—Section 207(c) of the National Housing Act (12
U.S.C. 1713(c)) is amended, in the last undesignated
paragraph beginning after paragraph (3) (relating to solar
energy systems and residential energy conservation meas-
ures), by striking ‘‘20 percent’’ and inserting ‘‘30 per-
cent’’.
(c) COOPERATIVE
HOUSING
MORTGAGE
INSUR-
ANCE.—Section 213(p) of the National Housing Act (12
U.S.C. 1715e(p)) is amended by striking ‘‘20 per centum’’
and inserting ‘‘30 percent’’.
(d) REHABILITATION
AND NEIGHBORHOOD CON-
SERVATION HOUSING MORTGAGE INSURANCE.—Section
220(d)(3)(B)(iii)(IV) of the National Housing Act (12
U.S.C. 1715k(d)(3)(B)(iii)(IV)) is amended—
(1) by striking ‘‘with respect to rehabilitation
projects involving not more than five family units,’’;
and
(2) by striking ‘‘20 per centum’’ and inserting
‘‘30 percent’’.
(e) LOW-INCOME MULTIFAMILY HOUSING MORT-
GAGE INSURANCE.—Section 221(k) of the National Hous-
ing Act (12 U.S.C. 1715l(k)) is amended by striking ‘‘20
per centum’’ and inserting ‘‘30 percent’’.
(f) ELDERLY HOUSING MORTGAGE INSURANCE.—
Section 231(c)(2)(C) of the National Housing Act (12
U.S.C. 1715v(c)(2)(C)) is amended by striking ‘‘20 per
centum’’ and inserting ‘‘30 percent’’.
(g) CONDOMINIUM
HOUSING
MORTGAGE
INSUR-
ANCE.—Section 234(j) of the National Housing Act (12
U.S.C. 1715y(j)) is amended by striking ‘‘20 per centum’’
and inserting ‘‘30 percent’’.
SEC. 144. PUBLIC HOUSING CAPITAL FUND.
Section 9 of the United States Housing Act of 1937
(42 U.S.C. 1437g) is amended—
(1) in subsection (d)(1)—
(A) in subparagraph (I), by striking ‘‘and’’
at the end;
(B) in subparagraph (J), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following new
subparagraphs:
‘‘(K) improvement of energy and water-use
efficiency by installing fixtures and fittings that
conform to the American Society of Mechanical
Engineers/American National Standards Insti-
tute 
standards 
A112.19.2–1998 
and
A112.18.1–2000, or any revision thereto, appli-
cable at the time of installation, and by increas-
ing energy efficiency and water conservation by
such other means as the Secretary determines
are appropriate; and
‘‘(L) integrated utility management and
capital planning to maximize energy conserva-
tion and efficiency measures.’’; and
(2) in subsection (e)(2)(C)—
(A) by striking ‘‘The’’ and inserting the
following:
‘‘(i) IN GENERAL.—The’’; and
(B) by adding at the end the following:
‘‘(ii) THIRD
PARTY
CONTRACTS.—
Contracts described in clause (i) may in-
clude contracts for equipment conversions
to less costly utility sources, projects with
resident-paid utilities, and adjustments to
frozen base year consumption, including
systems repaired to meet applicable build-
ing and safety codes and adjustments for
occupancy rates increased by rehabilita-
tion.
‘‘(iii) TERM OF CONTRACT.—The total
term of a contract described in clause (i)
shall not exceed 20 years to allow longer
payback periods for retrofits, including
windows, heating system replacements,
wall insulation, site-based generation, ad-
vanced energy savings technologies, includ-
ing renewable energy generation, and other
such retrofits.’’.
SEC. 145. GRANTS FOR ENERGY-CONSERVING IMPROVE-
MENTS FOR ASSISTED HOUSING.
Section 251(b)(1) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8231(1)) is amended—
(1) by striking ‘‘financed with loans’’ and in-
serting ‘‘assisted’’;
(2) by inserting after ‘‘1959,’’ the following:
‘‘which are eligible multifamily housing projects (as
such term is defined in section 512 of the Multi-
family Assisted Housing Reform and Affordability
Act of 1997 (42 U.S.C. 1437f note)) and are subject
to mortgage restructuring and rental assistance suf-
ficiency plans under such Act,’’; and
(3) by inserting after the period at the end of
the first sentence the following new sentence: ‘‘Such
improvements may also include the installation of
energy and water conserving fixtures and fittings
that conform to the American Society of Mechanical
Engineers/American National Standards Institute
standards A112.19.2–1998 and A112.18.1–2000, or
any revision thereto, applicable at the time of instal-
lation.’’.
SEC. 147. ENERGY-EFFICIENT APPLIANCES.
In purchasing appliances, a public housing agency
shall purchase energy-efficient appliances that are Energy
Star products or FEMP-designated products, as such
terms are defined in section 553 of the National Energy
Conservation Policy Act (as amended by this title), unless
the purchase of energy-efficient appliances is not cost-ef-
fective to the agency.
SEC. 148. ENERGY EFFICIENCY STANDARDS.
Section 109 of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 12709) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘1 year after the date
of the enactment of the Energy Policy Act
of 1992’’ and inserting ‘‘September 30,
2006’’;
(ii) in subparagraph (A), by striking
‘‘and’’ at the end;
(iii) in subparagraph (B), by striking
the period at the end and inserting ‘‘;
and’’; and
(iv) by adding at the end the fol-
lowing:
‘‘(C) rehabilitation and new construction of
public and assisted housing funded by HOPE
VI revitalization grants under section 24 of the
United States Housing Act of 1937 (42 U.S.C.
1437v), where such standards are determined
to be cost effective by the Secretary of Housing
and Urban Development.’’; and
(B) in paragraph (2), by inserting ‘‘, and,
with respect to rehabilitation and new construc-
tion of public and assisted housing funded by
HOPE VI revitalization grants under section
24 of the United States Housing Act of 1937
(42 U.S.C. 1437v), the 2003 International En-
ergy Conservation Code’’ after ‘‘90.1–1989’)’’;
(2) in subsection (b)—
(A) by striking ‘‘within 1 year after the
date of the enactment of the Energy Policy Act
of 1992’’ and inserting ‘‘by September 30,
2006’’; and
(B) by inserting ‘‘, and, with respect to re-
habilitation and new construction of public and
assisted housing funded by HOPE VI revital-
ization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v),
the 2003 International Energy Conservation
Code’’ before the period at the end; and
(3) in subsection (c)—
(A) in the heading, by inserting ‘‘AND THE
INTERNATIONAL
ENERGY
CONSERVATION
CODE’’ after ‘‘MODEL ENERGY CODE’’; and
(B) by inserting ‘‘, or, with respect to re-
habilitation and new construction of public and
assisted housing funded by HOPE VI revital-
ization grants under section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v),
the 2003 International Energy Conservation
Code’’ after ‘‘1989’’.
SEC. 149. ENERGY STRATEGY FOR HUD.
The Secretary of Housing and Urban Development
shall develop and implement an integrated strategy to re-
duce utility expenses through cost-effective energy con-
servation and efficiency measures and energy efficient de-
sign and construction of public and assisted housing. The
energy strategy shall include the development of energy
reduction goals and incentives for public housing agencies.
The Secretary shall submit a report to Congress, not later
than 1 year after the date of the enactment of this Act,
on the energy strategy and the actions taken by the De-
partment of Housing and Urban Development to monitor
the energy usage of public housing agencies and shall sub-
mit an update every 2 years thereafter on progress in im-
plementing the strategy.
TITLE II—RENEWABLE ENERGY
Subtitle A—General Provisions
SEC. 201. ASSESSMENT OF RENEWABLE ENERGY RE-
SOURCES.
(a) RESOURCE ASSESSMENT.—Not later than 6
months after the date of enactment of this Act, and each
year thereafter, the Secretary of Energy shall review the
available assessments of renewable energy resources with-
in the United States, including solar, wind, biomass, ocean
(tidal, wave, current, and thermal), geothermal, and hy-
droelectric energy resources, and undertake new assess-
ments as necessary, taking into account changes in market
conditions, available technologies, and other relevant fac-
tors.
(b) CONTENTS OF REPORTS.—Not later than 1 year
after the date of enactment of this Act, and each year
thereafter, the Secretary shall publish a report based on
the assessment under subsection (a). The report shall
contain—
(1) a detailed inventory describing the available
amount and characteristics of the renewable energy
resources; and
(2) such other information as the Secretary be-
lieves would be useful in developing such renewable
energy resources, including descriptions of sur-
rounding terrain, population and load centers, near-
by energy infrastructure, location of energy and
water resources, and available estimates of the costs
needed to develop each resource, together with an
identification of any barriers to providing adequate
transmission for remote sources of renewable energy
resources to current and emerging markets, rec-
ommendations for removing or addressing such bar-
riers, and ways to provide access to the grid that do
not unfairly disadvantage renewable or other energy
producers.
(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of this section, there are authorized to be appro-
priated to the Secretary of Energy $10,000,000 for each
of fiscal years 2006 through 2010.
SEC. 202. RENEWABLE ENERGY PRODUCTION INCENTIVE.
(a) INCENTIVE PAYMENTS.—Section 1212(a) of the
Energy Policy Act of 1992 (42 U.S.C. 13317(a)) is
amended by striking ‘‘and which satisfies’’ and all that
follows through ‘‘Secretary shall establish.’’ and inserting
‘‘. If there are insufficient appropriations to make full pay-
ments for electric production from all qualified renewable
energy facilities in any given year, the Secretary shall as-
sign 60 percent of appropriated funds for that year to fa-
cilities that use solar, wind, geothermal, or closed-loop
(dedicated energy crops) biomass technologies to generate
electricity, and assign the remaining 40 percent to other
projects. The Secretary may, after transmitting to Con-
gress an explanation of the reasons therefor, alter the per-
centage requirements of the preceding sentence.’’.
(b) QUALIFIED RENEWABLE ENERGY FACILITY.—
Section 1212(b) of the Energy Policy Act of 1992 (42
U.S.C. 13317(b)) is amended—
(1) by striking ‘‘a State or any political’’ and
all that follows through ‘‘nonprofit electrical cooper-
ative’’ and inserting ‘‘a not-for-profit electric cooper-
ative, a public utility described in section 115 of the
Internal Revenue Code of 1986, a State, Common-
wealth, territory, or possession of the United States
or the District of Columbia, or a political subdivision
thereof, or an Indian tribal government or subdivi-
sion thereof,’’; and
(2) by inserting ‘‘landfill gas, livestock methane,
ocean (tidal, wave, current, and thermal),’’ after
‘‘wind, biomass,’’.
(c) ELIGIBILITY WINDOW.—Section 1212(c) of the
Energy Policy Act of 1992 (42 U.S.C. 13317(c)) is
amended by striking ‘‘during the 10-fiscal year period be-
ginning with the first full fiscal year occurring after the
enactment of this section’’ and inserting ‘‘after October
1, 2005, and before October 1, 2015’’.
(d) AMOUNT OF PAYMENT.—Section 1212(e)(1) of
the Energy Policy Act of 1992 (42 U.S.C. 13317(e)(1))
is amended by inserting ‘‘landfill gas, livestock methane,
ocean (tidal, wave, current, and thermal),’’ after ‘‘wind,
biomass,’’.
(e) SUNSET.—Section 1212(f) of the Energy Policy
Act of 1992 (42 U.S.C. 13317(f)) is amended by striking
‘‘the expiration of’’ and all that follows through ‘‘of this
section’’ and inserting ‘‘September 30, 2025’’.
(f) AUTHORIZATION OF APPROPRIATIONS.—Section
1212(g) of the Energy Policy Act of 1992 (42 U.S.C.
13317(g)) is amended to read as follows:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
there are authorized to be appropriated such sums
as may be necessary to carry out this section for fis-
cal years 2005 through 2025.
‘‘(2) AVAILABILITY OF FUNDS.—Funds made
available under paragraph (1) shall remain available
until expended.’’.
SEC. 203. FEDERAL PURCHASE REQUIREMENT.
(a) REQUIREMENT.—The President, acting through
the Secretary of Energy, shall seek to ensure that, to the
extent economically feasible and technically practicable, of
the total amount of electric energy the Federal Govern-
ment consumes during any fiscal year, the following
amounts shall be renewable energy:
(1) Not less than 3 percent in fiscal years 2007
through 2009.
(2) Not less than 5 percent in fiscal years 2010
through 2012.
(3) Not less than 7.5 percent in fiscal year
2013 and each fiscal year thereafter.
(b) DEFINITIONS.—In this section:
(1) BIOMASS.—The term ‘‘biomass’’ means any
solid, nonhazardous, cellulosic material that is de-
rived from—
(A) any of the following forest-related re-
sources: mill residues, precommercial thinnings,
slash, and brush, or nonmerchantable material;
(B) solid wood waste materials, including
waste pallets, crates, dunnage, manufacturing
and construction wood wastes (other than pres-
sure-treated, 
chemically-treated, 
or 
painted
wood wastes), and landscape or right-of-way
tree trimmings, but not including municipal
solid waste (garbage), gas derived from the bio-
degradation of solid waste, or paper that is
commonly recycled;
(C) agriculture wastes, including orchard
tree crops, vineyard, grain, legumes, sugar, and
other crop by-products or residues, and live-
stock waste nutrients; or
(D) a plant that is grown exclusively as a
fuel for the production of electricity.
(2) RENEWABLE ENERGY.—The term ‘‘renew-
able energy’’ means electric energy generated from
solar, wind, biomass, landfill gas, ocean (tidal, wave,
current, and thermal), geothermal, municipal solid
waste, or new hydroelectric generation capacity
achieved from increased efficiency or additions of
new capacity at an existing hydroelectric project.
(c) CALCULATION.—For purposes of determining
compliance with the requirement of this section, the
amount of renewable energy shall be doubled if—
(1) the renewable energy is produced and used
on-site at a Federal facility;
(2) the renewable energy is produced on Fed-
eral lands and used at a Federal facility; or
(3) the renewable energy is produced on Indian
land as defined in title XXVI of the Energy Policy
Act of 1992 (25 U.S.C. 3501 et seq.) and used at
a Federal facility.
(d) REPORT.—Not later than April 15, 2007, and
every 2 years thereafter, the Secretary of Energy shall
provide a report to Congress on the progress of the Fed-
eral Government in meeting the goals established by this
section.
SEC. 204. INSULAR AREAS ENERGY SECURITY.
Section 604 of the Act entitled ‘‘An Act to authorize
appropriations for certain insular areas of the United
States, and for other purposes’’, approved December 24,
1980 (48 U.S.C. 1492), is amended—
(1) in subsection (a)(4) by striking the period
and inserting a semicolon;
(2) by adding at the end of subsection (a) the
following new paragraphs:
‘‘(5) electric power transmission and distribu-
tion lines in insular areas are inadequate to with-
stand damage caused by the hurricanes and ty-
phoons which frequently occur in insular areas and
such damage often costs millions of dollars to repair;
and
‘‘(6) the refinement of renewable energy tech-
nologies since the publication of the 1982 Territorial
Energy Assessment prepared pursuant to subsection
(c) reveals the need to reassess the state of energy
production, consumption, infrastructure, reliance on
imported energy, opportunities for energy conserva-
tion and increased energy efficiency, and indigenous
sources in regard to the insular areas.’’;
(3) by amending subsection (e) to read as fol-
lows:
‘‘(e)(1) The Secretary of the Interior, in consultation
with the Secretary of Energy and the head of government
of each insular area, shall update the plans required under
subsection (c) by—
‘‘(A) updating the contents required by sub-
section (c);
‘‘(B) drafting long-term energy plans for such
insular areas with the objective of reducing, to the
extent feasible, their reliance on energy imports by
the year 2012, increasing energy conservation and
energy efficiency, and maximizing, to the extent fea-
sible, use of indigenous energy sources; and
‘‘(C) drafting long-term energy transmission
line plans for such insular areas with the objective
that the maximum percentage feasible of electric
power transmission and distribution lines in each in-
sular area be protected from damage caused by hur-
ricanes and typhoons.
‘‘(2) Not later than December 31, 2006, the Sec-
retary of the Interior shall submit to Congress the updated
plans for each insular area required by this subsection.’’;
and
(4) by amending subsection (g)(4) to read as
follows:
‘‘(4) POWER
LINE
GRANTS
FOR
INSULAR
AREAS.—
‘‘(A) IN GENERAL.—The Secretary of the
Interior is authorized to make grants to govern-
ments of insular areas of the United States to
carry out eligible projects to protect electric
power transmission and distribution lines in
such insular areas from damage caused by hur-
ricanes and typhoons.
‘‘(B) ELIGIBLE PROJECTS.—The Secretary
may award grants under subparagraph (A) only
to governments of insular areas of the United
States that submit written project plans to the
Secretary for projects that meet the following
criteria:
‘‘(i) The project is designed to protect
electric power transmission and distribu-
tion lines located in 1 or more of the insu-
lar areas of the United States from dam-
age caused by hurricanes and typhoons.
‘‘(ii) The project is likely to substan-
tially reduce the risk of future damage,
hardship, loss, or suffering.
‘‘(iii) The project addresses 1 or more
problems that have been repetitive or that
pose a significant risk to public health and
safety.
‘‘(iv) The project is not likely to cost
more than the value of the reduction in di-
rect damage and other negative impacts
that the project is designed to prevent or
mitigate. The cost benefit analysis required
by this criterion shall be computed on a
net present value basis.
‘‘(v) The project design has taken into
consideration long-term changes to the
areas and persons it is designed to protect
and has manageable future maintenance
and modification requirements.
‘‘(vi) The project plan includes an
analysis of a range of options to address
the problem it is designed to prevent or
mitigate and a justification for the selec-
tion of the project in light of that analysis.
‘‘(vii) The applicant has demonstrated
to the Secretary that the matching funds
required by subparagraph (D) are avail-
able.
‘‘(C) PRIORITY.—When making grants
under this paragraph, the Secretary shall give
priority to grants for projects which are likely
to—
‘‘(i) have the greatest impact on re-
ducing future disaster losses; and
‘‘(ii) best conform with plans that
have been approved by the Federal Govern-
ment or the government of the insular area
where the project is to be carried out for
development or hazard mitigation for that
insular area.
‘‘(D) 
MATCHING
REQUIREMENT.—The
Federal share of the cost for a project for which
a grant is provided under this paragraph shall
not exceed 75 percent of the total cost of that
project. The non-Federal share of the cost may
be provided in the form of cash or services.
‘‘(E) TREATMENT OF FUNDS FOR CERTAIN
PURPOSES.—Grants provided under this para-
graph shall not be considered as income, a re-
source, or a duplicative program when deter-
mining eligibility or benefit levels for Federal
major disaster and emergency assistance.
‘‘(F) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this paragraph $5,000,000
for each fiscal year beginning after the date of
the enactment of this paragraph.’’.
SEC. 205. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC
BUILDINGS.
(a) IN GENERAL.—Subchapter VI of chapter 31 of
title 40, United States Code, is amended by adding at the
end the following:
‘‘§ 3177. Use of photovoltaic energy in public build-
ings
‘‘(a) PHOTOVOLTAIC ENERGY COMMERCIALIZATION
PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services may establish a photovoltaic energy
commercialization program for the procurement and
installation of photovoltaic solar electric systems for
electric production in new and existing public build-
ings.
‘‘(2) PURPOSES.—The purposes of the program
shall be to accomplish the following:
‘‘(A) To accelerate the growth of a com-
mercially viable photovoltaic industry to make
this energy system available to the general pub-
lic as an option which can reduce the national
consumption of fossil fuel.
‘‘(B) To reduce the fossil fuel consumption
and costs of the Federal Government.
‘‘(C) To attain the goal of installing solar
energy systems in 20,000 Federal buildings by
2010, as contained in the Federal Government’s
Million Solar Roof Initiative of 1997.
‘‘(D) To stimulate the general use within
the Federal Government of life-cycle costing
and innovative procurement methods.
‘‘(E) To develop program performance
data to support policy decisions on future incen-
tive programs with respect to energy.
‘‘(3) ACQUISITION
OF
PHOTOVOLTAIC
SOLAR
ELECTRIC SYSTEMS.—
‘‘(A) IN
GENERAL.—The program shall
provide for the acquisition of photovoltaic solar
electric systems and associated storage capa-
bility for use in public buildings.
‘‘(B) ACQUISITION LEVELS.—The acquisi-
tion of photovoltaic electric systems shall be at
a level substantial enough to allow use of low-
cost production techniques with at least 150
megawatts (peak) cumulative acquired during
the 5 years of the program.
‘‘(4) 
ADMINISTRATION.—The 
Administrator
shall administer the program and shall—
‘‘(A) issue such rules and regulations as
may be appropriate to monitor and assess the
performance and operation of photovoltaic solar
electric systems installed pursuant to this sub-
section;
‘‘(B) develop innovative procurement strat-
egies for the acquisition of such systems; and
‘‘(C) transmit to Congress an annual re-
port on the results of the program.
‘‘(b) PHOTOVOLTAIC SYSTEMS EVALUATION PRO-
GRAM.—
‘‘(1) IN
GENERAL.—Not later than 60 days
after the date of enactment of this section, the Ad-
ministrator shall establish a photovoltaic solar en-
ergy systems evaluation program to evaluate such
photovoltaic solar energy systems as are required in
public buildings.
‘‘(2) PROGRAM REQUIREMENT.—In evaluating
photovoltaic solar energy systems under the pro-
gram, the Administrator shall ensure that such sys-
tems reflect the most advanced technology.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) PHOTOVOLTAIC ENERGY COMMERCIALIZA-
TION PROGRAM.—There are authorized to be appro-
priated to carry out subsection (a) $50,000,000 for
each of fiscal years 2006 through 2010. Such sums
shall remain available until expended.
‘‘(2) PHOTOVOLTAIC
SYSTEMS
EVALUATION
PROGRAM.—There are authorized to be appropriated
to carry out subsection (b) $10,000,000 for each of
fiscal years 2006 through 2010. Such sums shall re-
main available until expended.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for the National Energy Conservation Policy Act is
amended by inserting after the item relating to section
569 the following:
‘‘Sec. 570. Use of photovoltaic energy in public buildings.’’.
SEC. 206. BIOBASED PRODUCTS.
Section 9002(c)(1) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8102(c)(1)) is amended
by inserting ‘‘or such items that comply with the regula-
tions issued under section 103 of Public Law 100–556 (42
U.S.C. 6914b–1)’’ after ‘‘practicable’’.
SEC. 207. RENEWABLE ENERGY SECURITY.
(a) WEATHERIZATION ASSISTANCE.—Section 415(c)
of the Energy Conservation and Production Act (42
U.S.C. 6865(c)) is amended—
(1) in paragraph (1), by striking ‘‘in paragraph
(3)’’ and inserting ‘‘in paragraphs (3) and (4)’’;
(2) in paragraph (3), by striking ‘‘$2,500 per
dwelling unit average provided in paragraph (1)’’
and inserting ‘‘dwelling unit averages provided in
paragraphs (1) and (4)’’; and
(3) by adding at the end the following new
paragraphs:
‘‘(4) The expenditure of financial assistance provided
under this part for labor, weatherization materials, and
related matters for a renewable energy system shall not
exceed an average of $3,000 per dwelling unit.
‘‘(5)(A) The Secretary shall by regulations—
‘‘(i) establish the criteria which are to be used
in prescribing performance and quality standards
under paragraph (6)(A)(ii) or in specifying any form
of renewable energy under paragraph (6)(A)(i)(I);
and
‘‘(ii) establish a procedure under which a manu-
facturer of an item may request the Secretary to
certify that the item will be treated, for purposes of
this paragraph, as a renewable energy system.
‘‘(B) The Secretary shall make a final determination
with respect to any request filed under subparagraph
(A)(ii) within 1 year after the filing of the request, to-
gether with any information required to be filed with such
request under subparagraph (A)(ii).
‘‘(C) Each month the Secretary shall publish a report
of any request under subparagraph (A)(ii) which has been
denied during the preceding month and the reasons for
the denial.
‘‘(D) The Secretary shall not specify any form of re-
newable energy under paragraph (6)(A)(i)(I) unless the
Secretary determines that—
‘‘(i) there will be a reduction in oil or natural
gas consumption as a result of such specification;
‘‘(ii) such specification will not result in an in-
creased use of any item which is known to be, or
reasonably suspected to be, environmentally haz-
ardous or a threat to public health or safety; and
‘‘(iii) available Federal subsidies do not make
such specification unnecessary or inappropriate (in
the light of the most advantageous allocation of eco-
nomic resources).
‘‘(6) In this subsection—
‘‘(A) the term ‘renewable energy system’ means
a system which—
‘‘(i) when installed in connection with a
dwelling, transmits or uses—
‘‘(I) solar energy, energy derived from
the geothermal deposits, energy derived
from biomass, or any other form of renew-
able energy which the Secretary specifies
by regulations, for the purpose of heating
or cooling such dwelling or providing hot
water or electricity for use within such
dwelling; or
‘‘(II) wind energy for nonbusiness res-
idential purposes;
‘‘(ii) meets the performance and quality
standards (if any) which have been prescribed
by the Secretary by regulations;
‘‘(iii) in the case of a combustion rated
system, has a thermal efficiency rating of at
least 75 percent; and
‘‘(iv) in the case of a solar system, has a
thermal efficiency rating of at least 15 percent;
and
‘‘(B) the term ‘biomass’ means any organic
matter that is available on a renewable or recurring
basis, including agricultural crops and trees, wood
and wood wastes and residues, plants (including
aquatic plants), grasses, residues, fibers, and animal
wastes, municipal wastes, and other waste mate-
rials.’’.
(b) DISTRICT HEATING AND COOLING PROGRAMS.—
Section 172 of the Energy Policy Act of 1992 (42 U.S.C.
13451 note) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(5) evaluate the use of renewable energy sys-
tems (as such term is defined in section 415(c) of
the Energy Conservation and Production Act (42
U.S.C. 6865(c))) in residential buildings.’’; and
(2) in subsection (b), by striking ‘‘this Act’’ and
inserting ‘‘the Energy Policy Act of 2005’’.
(c) DEFINITION OF BIOMASS.—Section 203(2) of the
Biomass Energy and Alcohol Fuels Act of 1980 (42
U.S.C. 8802(2)) is amended to read as follows:
‘‘(2) The term ‘biomass’ means any organic
matter that is available on a renewable or recurring
basis, including agricultural crops and trees, wood
and wood wastes and residues, plants (including
aquatic plants), grasses, residues, fibers, and animal
wastes, municipal wastes, and other waste mate-
rials.’’.
(d) REBATE PROGRAM.—
(1) ESTABLISHMENT.—The Secretary of En-
ergy shall establish a program providing rebates for
consumers for expenditures made for the installation
of a renewable energy system in connection with a
dwelling unit or small business.
(2) AMOUNT
OF
REBATE.—Rebates provided
under the program established under paragraph (1)
shall be in an amount not to exceed the lesser of—
(A) 25 percent of the expenditures de-
scribed in paragraph (1) made by the con-
sumer; or
(B) $3,000.
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘renewable energy system’’ has the
meaning given that term in section 415(c)(6)(A) of
the Energy Conservation and Production Act (42
U.S.C. 6865(c)(6)(A)), as added by subsection
(a)(3) of this section.
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Sec-
retary of Energy for carrying out this subsection, to
remain available until expended—
(A) $150,000,000 for fiscal year 2006;
(B) $150,000,000 for fiscal year 2007;
(C) $200,000,000 for fiscal year 2008;
(D) $250,000,000 for fiscal year 2009;
and
(E) $250,000,000 for fiscal year 2010.
(e) RENEWABLE FUEL INVENTORY.—Not later than
180 days after the date of enactment of this Act, the Sec-
retary of Energy shall transmit to Congress a report
containing—
(1) an inventory of renewable fuels available for
consumers; and
(2) a projection of future inventories of renew-
able fuels based on the incentives provided in this
section
SEC. 208. INSTALLATION OF PHOTOVOLTAIC SYSTEM.
There is authorized to be appropriated to the General
Services Administration to install a photovoltaic system,
as set forth in the Sun Wall Design Project, for the head-
quarters building of the Department of Energy located at
1000 Independence Avenue Southwest in the District of
Columbia, commonly know as the Forrestal Building,
$20,000,000 for fiscal year 2006. Such sums shall remain
available until expended.
SEC. 209. SUGAR CANE ETHANOL PILOT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) PROGRAM.—The term ‘‘program’’ means
the Sugar Cane Ethanol Pilot Program established
by subsection (b).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
(b) ESTABLISHMENT.—There is established within
the Department of Energy a program to be known as the
‘‘Sugar Cane Ethanol Pilot Program’’.
(c) PROJECT.—
(1) IN GENERAL.—In carrying out the program,
the Secretary shall establish a pilot project that is—
(A) located in the State of Hawaii; and
(B) designed to study the creation of eth-
anol from cane sugar.
100
(2) REQUIREMENTS.—A pilot project described
in paragraph (1) shall—
(A) be limited to the production of ethanol
in Hawaii in a way similar to the existing pro-
gram for the processing of corn for ethanol to
show that the process can be applicable to cane
sugar;
(B) include information on how the scale
of projection can be replicated once the sugar
cane industry has site located and constructed
ethanol production facilities; and
(C) not last more than 3 years.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$8,000,000, to remain available until expended.
Subtitle C—Hydroelectric
PART I—ALTERNATIVE CONDITIONS
SEC. 231. ALTERNATIVE CONDITIONS AND FISHWAYS.
(a) FEDERAL RESERVATIONS.—Section 4(e) of the
Federal Power Act (16 U.S.C. 797(e)) is amended by in-
serting after ‘‘adequate protection and utilization of such
reservation.’’ at the end of the first proviso the following:
‘‘The license applicant shall be entitled to a determination
on the record, after opportunity for an expedited agency
trial-type hearing of any disputed issues of material fact,
101
with respect to such conditions. Such hearing may be con-
ducted in accordance with procedures established by agen-
cy regulation in consultation with the Federal Energy
Regulatory Commission.’’.
(b) FISHWAYS.—Section 18 of the Federal Power Act
(16 U.S.C. 811) is amended by inserting after ‘‘and such
fishways as may be prescribed by the Secretary of Com-
merce.’’ the following: ‘‘The license applicant shall be enti-
tled to a determination on the record, after opportunity
for an expedited agency trial-type hearing of any disputed
issues of material fact, with respect to such fishways. Such
hearing may be conducted in accordance with procedures
established by agency regulation in consultation with the
Federal Energy Regulatory Commission.’’.
(c) ALTERNATIVE
CONDITIONS
AND
PRESCRIP-
TIONS.—Part I of the Federal Power Act (16 U.S.C. 791a
et seq.) is amended by adding the following new section
at the end thereof:
‘‘SEC. 33. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS.
‘‘(a) ALTERNATIVE CONDITIONS.—(1) Whenever any
person applies for a license for any project works within
any reservation of the United States, and the Secretary
of the department under whose supervision such reserva-
tion falls (referred to in this subsection as ‘the Secretary’)
deems a condition to such license to be necessary under
102
the first proviso of section 4(e), the license applicant may
propose an alternative condition.
‘‘(2) Notwithstanding the first proviso of section 4(e),
the Secretary shall accept the proposed alternative condi-
tion referred to in paragraph (1), and the Commission
shall include in the license such alternative condition, if
the Secretary determines, based on substantial evidence
provided by the license applicant or otherwise available to
the Secretary, that such alternative condition—
‘‘(A) provides for the adequate protection and
utilization of the reservation; and
‘‘(B) will either—
‘‘(i) cost less to implement; or
‘‘(ii) result in improved operation of the
project works for electricity production,
as compared to the condition initially deemed nec-
essary by the Secretary.
‘‘(3) The Secretary shall submit into the public
record of the Commission proceeding with any condition
under section 4(e) or alternative condition it accepts under
this section, a written statement explaining the basis for
such condition, and reason for not accepting any alter-
native condition under this section. The written statement
must demonstrate that the Secretary gave equal consider-
ation to the effects of the condition adopted and alter-
103
natives not accepted on energy supply, distribution, cost,
and use; flood control; navigation; water supply; and air
quality (in addition to the preservation of other aspects
of environmental quality); based on such information as
may be available to the Secretary, including information
voluntarily provided in a timely manner by the applicant
and others. The Secretary shall also submit, together with
the aforementioned written statement, all studies, data,
and other factual information available to the Secretary
and relevant to the Secretary’s decision.
‘‘(4) Nothing in this section shall prohibit other inter-
ested parties from proposing alternative conditions.
‘‘(5) If the Secretary does not accept an applicant’s
alternative condition under this section, and the Commis-
sion finds that the Secretary’s condition would be incon-
sistent with the purposes of this part, or other applicable
law, the Commission may refer the dispute to the Commis-
sion’s Dispute Resolution Service. The Dispute Resolution
Service shall consult with the Secretary and the Commis-
sion and issue a non-binding advisory within 90 days. The
Secretary may accept the Dispute Resolution Service advi-
sory unless the Secretary finds that the recommendation
will not provide for the adequate protection and utilization
of the reservation. The Secretary shall submit the advisory
104
and the Secretary’s final written determination into the
record of the Commission’s proceeding.
‘‘(b) ALTERNATIVE PRESCRIPTIONS.—(1) Whenever
the Secretary of the Interior or the Secretary of Commerce
prescribes a fishway under section 18, the license appli-
cant or licensee may propose an alternative to such pre-
scription to construct, maintain, or operate a fishway.
‘‘(2) Notwithstanding section 18, the Secretary of the
Interior or the Secretary of Commerce, as appropriate,
shall accept and prescribe, and the Commission shall re-
quire, the proposed alternative referred to in paragraph
(1), if the Secretary of the appropriate department deter-
mines, based on substantial evidence provided by the li-
censee or otherwise available to the Secretary, that such
alternative—
‘‘(A) will be no less protective than the fishway
initially prescribed by the Secretary; and
‘‘(B) will either—
‘‘(i) cost less to implement; or
‘‘(ii) result in improved operation of the
project works for electricity production,
as compared to the fishway initially deemed nec-
essary by the Secretary.
‘‘(3) The Secretary concerned shall submit into the
public record of the Commission proceeding with any pre-
105
scription under section 18 or alternative prescription it ac-
cepts under this section, a written statement explaining
the basis for such prescription, and reason for not accept-
ing any alternative prescription under this section. The
written statement must demonstrate that the Secretary
gave equal consideration to the effects of the condition
adopted and alternatives not accepted on energy supply,
distribution, cost, and use; flood control; navigation; water
supply; and air quality (in addition to the preservation of
other aspects of environmental quality); based on such in-
formation as may be available to the Secretary, including
information voluntarily provided in a timely manner by the
applicant and others. The Secretary shall also submit, to-
gether with the aforementioned written statement, all
studies, data, and other factual information available to
the Secretary and relevant to the Secretary’s decision.
‘‘(4) Nothing in this section shall prohibit other inter-
ested parties from proposing alternative prescriptions.
‘‘(5) If the Secretary concerned does not accept an
applicant’s alternative prescription under this section, and
the Commission finds that the Secretary’s prescription
would be inconsistent with the purposes of this part, or
other applicable law, the Commission may refer the dis-
pute to the Commission’s Dispute Resolution Service. The
Dispute Resolution Service shall consult with the Sec-
106
retary and the Commission and issue a non-binding advi-
sory within 90 days. The Secretary may accept the Dis-
pute Resolution Service advisory unless the Secretary
finds that the recommendation will be less protective than
the fishway initially prescribed by the Secretary. The Sec-
retary shall submit the advisory and the Secretary’s final
written determination into the record of the Commission’s
proceeding.’’.
PART II—ADDITIONAL HYDROPOWER
SEC. 241. HYDROELECTRIC PRODUCTION INCENTIVES.
(a) INCENTIVE PAYMENTS.—For electric energy gen-
erated and sold by a qualified hydroelectric facility during
the incentive period, the Secretary of Energy (referred to
in this section as the ‘‘Secretary’’) shall make, subject to
the availability of appropriations, incentive payments to
the owner or operator of such facility. The amount of such
payment made to any such owner or operator shall be as
determined under subsection (e) of this section. Payments
under this section may only be made upon receipt by the
Secretary of an incentive payment application which estab-
lishes that the applicant is eligible to receive such payment
and which satisfies such other requirements as the Sec-
retary deems necessary. Such application shall be in such
form, and shall be submitted at such time, as the Sec-
retary shall establish.
107
(b) DEFINITIONS.—For purposes of this section:
(1) QUALIFIED
HYDROELECTRIC
FACILITY.—
The term ‘‘qualified hydroelectric facility’’ means a
turbine or other generating device owned or solely
operated by a non-Federal entity which generates
hydroelectric energy for sale and which is added to
an existing dam or conduit.
(2) EXISTING
DAM
OR
CONDUIT.—The term
‘‘existing dam or conduit’’ means any dam or con-
duit the construction of which was completed before
the date of the enactment of this section and which
does not require any construction or enlargement of
impoundment or diversion structures (other than re-
pair or reconstruction) in connection with the instal-
lation of a turbine or other generating device.
(3) CONDUIT.—The term ‘‘conduit’’ has the
same meaning as when used in section 30(a)(2) of
the Federal Power Act (16 U.S.C. 823a(a)(2)).
The terms defined in this subsection shall apply without
regard to the hydroelectric kilowatt capacity of the facility
concerned, without regard to whether the facility uses a
dam owned by a governmental or nongovernmental entity,
and without regard to whether the facility begins oper-
ation on or after the date of the enactment of this section.
108
(c) ELIGIBILITY WINDOW.—Payments may be made
under this section only for electric energy generated from
a qualified hydroelectric facility which begins operation
during the period of 10 fiscal years beginning with the
first full fiscal year occurring after the date of enactment
of this subtitle.
(d) INCENTIVE PERIOD.—A qualified hydroelectric
facility may receive payments under this section for a pe-
riod of 10 fiscal years (referred to in this section as the
‘‘incentive period’’). Such period shall begin with the fiscal
year in which electric energy generated from the facility
is first eligible for such payments.
(e) AMOUNT OF PAYMENT.—
(1) IN GENERAL.—Payments made by the Sec-
retary under this section to the owner or operator of
a qualified hydroelectric facility shall be based on
the number of kilowatt hours of hydroelectric energy
generated by the facility during the incentive period.
For any such facility, the amount of such payment
shall be 1.8 cents per kilowatt hour (adjusted as
provided in paragraph (2)), subject to the avail-
ability of appropriations under subsection (g), except
that no facility may receive more than $750,000 in
1 calendar year.
109
(2) ADJUSTMENTS.—The amount of the pay-
ment made to any person under this section as pro-
vided in paragraph (1) shall be adjusted for inflation
for each fiscal year beginning after calendar year
2005 in the same manner as provided in the provi-
sions of section 29(d)(2)(B) of the Internal Revenue
Code of 1986, except that in applying such provi-
sions the calendar year 2005 shall be substituted for
calendar year 1979.
(f) SUNSET.—No payment may be made under this
section to any qualified hydroelectric facility after the ex-
piration of the period of 20 fiscal years beginning with
the first full fiscal year occurring after the date of enact-
ment of this subtitle, and no payment may be made under
this section to any such facility after a payment has been
made with respect to such facility for a period of 10 fiscal
years.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out the purposes of this section $10,000,000 for each of
the fiscal years 2006 through 2015.
SEC. 242. HYDROELECTRIC EFFICIENCY IMPROVEMENT.
(a) INCENTIVE PAYMENTS.—The Secretary of En-
ergy shall make incentive payments to the owners or oper-
ators of hydroelectric facilities at existing dams to be used
110
to make capital improvements in the facilities that are di-
rectly related to improving the efficiency of such facilities
by at least 3 percent.
(b) LIMITATIONS.—Incentive payments under this
section shall not exceed 10 percent of the costs of the cap-
ital improvement concerned and not more than 1 payment
may be made with respect to improvements at a single
facility. No payment in excess of $750,000 may be made
with respect to improvements at a single facility.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
not more than $10,000,000 for each of the fiscal years
2006 through 2015.
SEC. 243. SMALL HYDROELECTRIC POWER PROJECTS.
Section 408(a)(6) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2708(a)(6)) is amended
by striking ‘‘April 20, 1977’’ and inserting ‘‘March 4,
2003’’.
111
TITLE III—OIL AND GAS—
COMMERCE
Subtitle A—Petroleum Reserve and
Home Heating Oil
SEC. 301. PERMANENT AUTHORITY TO OPERATE THE STRA-
TEGIC PETROLEUM RESERVE AND OTHER
ENERGY PROGRAMS.
(a) AMENDMENT TO TITLE I OF THE ENERGY POL-
ICY AND CONSERVATION ACT.—Title I of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6211 et seq.) is
amended—
(1) by striking section 166 (42 U.S.C. 6246)
and inserting the following:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 166. There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry
out this part and part D, to remain available until ex-
pended.’’;
(2) by striking section 186 (42 U.S.C. 6250e);
and
(3) by striking part E (42 U.S.C. 6251; relat-
ing to the expiration of title I of the Act).
(b) AMENDMENT TO TITLE II OF THE ENERGY POL-
ICY AND CONSERVATION ACT.—Title II of the Energy
112
Policy and Conservation Act (42 U.S.C. 6271 et seq.) is
amended—
(1) by inserting before section 273 (42 U.S.C.
6283) the following:
‘‘PART C—SUMMER FILL AND FUEL BUDGETING
PROGRAMS’’;
(2) by striking section 273(e) (42 U.S.C.
6283(e); relating to the expiration of summer fill
and fuel budgeting programs); and
(3) by striking part D (42 U.S.C. 6285; relat-
ing to the expiration of title II of the Act).
(c) TECHNICAL AMENDMENTS.—The table of con-
tents for the Energy Policy and Conservation Act is
amended—
(1) by inserting after the items relating to part
C of title I the following:
‘‘PART D—NORTHEAST HOME HEATING OIL RESERVE
‘‘Sec. 181. Establishment.
‘‘Sec. 182. Authority.
‘‘Sec. 183. Conditions for release; plan.
‘‘Sec. 184. Northeast Home Heating Oil Reserve Account.
‘‘Sec. 185. Exemptions.’’;
(2) by amending the items relating to part C of
title II to read as follows:
‘‘PART C—SUMMER FILL AND FUEL BUDGETING PROGRAMS
‘‘Sec. 273. Summer fill and fuel budgeting programs.’’;
and
113
(3) by striking the items relating to part D of
title II.
(d) AMENDMENT TO THE ENERGY POLICY AND CON-
SERVATION ACT.—Section 183(b)(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6250(b)(1)) is amended
by striking all after ‘‘increases’’ through to ‘‘mid-October
through March’’ and inserting ‘‘by more than 60 percent
over its 5-year rolling average for the months of mid-Octo-
ber through March (considered as a heating season aver-
age)’’.
(e) FILL STRATEGIC PETROLEUM RESERVE TO CA-
PACITY.—The Secretary of Energy shall, as expeditiously
as practicable, acquire petroleum in amounts sufficient to
fill the Strategic Petroleum Reserve to the 1,000,000,000
barrel capacity authorized under section 154(a) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6234(a)),
consistent with the provisions of sections 159 and 160 of
such Act (42 U.S.C. 6239, 6240).
SEC. 302. NATIONAL OILHEAT RESEARCH ALLIANCE.
Section 713 of the Energy Act of 2000 (42 U.S.C.
6201 note) is amended by striking ‘‘4’’ and inserting ‘‘9’’.
SEC. 303. SITE SELECTION.
Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy shall complete a pro-
ceeding to select, from sites that the Secretary has pre-
114
viously studied, sites necessary to enable acquisition by the
Secretary of the full authorized volume of the Strategic
Petroleum Reserve.
SEC. 304. SUSPENSION OF STRATEGIC PETROLEUM RE-
SERVE DELIVERIES.
The Secretary of Energy shall suspend deliveries of
royalty-in-kind oil to the Strategic Petroleum Reserve
until the price of oil falls below $40 per barrel for 2 con-
secutive weeks on the New York Mercantile Exchange.
Subtitle B—Production Incentives
SEC. 320. LIQUEFACTION OR GASIFICATION NATURAL GAS
TERMINALS.
(a) SCOPE OF NATURAL GAS ACT.—Section 1(b) of
the Natural Gas Act (15 U.S.C. 717(b)) is amended by
inserting ‘‘and to the importation or exportation of natural
gas in foreign commerce and to persons engaged in such
importation or exportation,’’ after ‘‘such transportation or
sale,’’.
(b) DEFINITION.—Section 2 of the Natural Gas Act
(15 U.S.C. 717a) is amended by adding at the end the
following new paragraph:
‘‘(11) ‘Liquefaction or gasification natural gas
terminal’ includes all facilities located onshore or in
State waters that are used to receive, unload, load,
store, transport, gasify, liquefy, or process natural
115
gas that is imported to the United States from a
foreign country, exported to a foreign country from
the United States, or transported in interstate com-
merce by waterborne tanker, but does not include—
‘‘(A) waterborne tankers used to deliver
natural gas to or from any such facility; or
‘‘(B) any pipeline or storage facility sub-
ject to the jurisdiction of the Commission under
section 7.’’.
(c) AUTHORIZATION FOR CONSTRUCTION, EXPAN-
SION, OR OPERATION
OF LIQUEFACTION
OR GASIFI-
CATION NATURAL GAS TERMINALS.—(1) The title for sec-
tion 3 of the Natural Gas Act (15 U.S.C. 717b) is amend-
ed by inserting ‘‘; LIQUEFACTION OR GASIFICATION NAT-
URAL GAS TERMINALS’’ after ‘‘EXPORTATION OR IMPORTA-
TION OF NATURAL GAS’’.
(2) Section 3 of the Natural Gas Act (15 U.S.C.
717b) is amended by adding at the end the following:
‘‘(d) AUTHORIZATION FOR CONSTRUCTION, EXPAN-
SION, OR OPERATION
OF LIQUEFACTION
OR GASIFI-
CATION NATURAL GAS TERMINALS.—
‘‘(1) 
COMMISSION
AUTHORIZATION
RE-
QUIRED.—No person shall construct, expand, or op-
erate a liquefaction or gasification natural gas ter-
116
minal without an order from the Commission au-
thorizing such person to do so.
‘‘(2) AUTHORIZATION PROCEDURES.—
‘‘(A) NOTICE
AND
HEARING.—Upon the
filing of any application to construct, expand,
or operate a liquefaction or gasification natural
gas terminal, the Commission shall—
‘‘(i) set the matter for hearing;
‘‘(ii) give reasonable notice of the
hearing to all interested persons, including
the State commission of the State in which
the liquefaction or gasification natural gas
terminal is located;
‘‘(iii) decide the matter in accordance
with this subsection; and
‘‘(iv) issue or deny the appropriate
order accordingly.
‘‘(B) DESIGNATION AS LEAD AGENCY.—
‘‘(i) IN GENERAL.—The Commission
shall act as the lead agency for the pur-
poses of coordinating all applicable Federal
authorizations and for the purposes of
complying with the National Environ-
mental Policy Act of 1969 (42 U.S.C.
117
4312 et seq.) for a liquefaction or gasifi-
cation natural gas terminal.
‘‘(ii) OTHER
AGENCIES.—Each Fed-
eral agency considering an aspect of the
construction, expansion, or operation of a
liquefaction or gasification natural gas ter-
minal shall cooperate with the Commission
and comply with the deadlines established
by the Commission.
‘‘(C) SCHEDULE.—
‘‘(i) COMMISSION AUTHORITY TO SET
SCHEDULE.—The Commission shall estab-
lish a schedule for all Federal and State
administrative proceedings required under
authority of Federal law to construct, ex-
pand, or operate a liquefaction or gasifi-
cation natural gas terminal. In establishing
the schedule, the Commission shall—
‘‘(I) ensure expeditious comple-
tion of all such proceedings; and
‘‘(II) accommodate the applicable
schedules established by Federal law
for such proceedings.
‘‘(ii) FAILURE TO MEET SCHEDULE.—
If a Federal or State administrative agency
118
does not complete a proceeding for an ap-
proval that is required before a person may
construct, expand, or operate the lique-
faction or gasification natural gas ter-
minal, in accordance with the schedule es-
tablished by the Commission under this
subparagraph, and if—
‘‘(I) a determination has been
made by the Court pursuant to sec-
tion 19(d) that such delay is unrea-
sonable; and
‘‘(II) the agency has failed to act
on any remand by the Court within
the deadline set by the Court,
that approval may be conclusively pre-
sumed by the Commission.
‘‘(D) EXCLUSIVE RECORD.—The Commis-
sion shall, with the cooperation of Federal and
State administrative agencies and officials,
maintain a complete consolidated record of all
decisions made or actions taken by the Commis-
sion or by a Federal administrative agency or
officer (or State administrative agency or offi-
cer acting under delegated Federal authority)
with respect to the construction, expansion, or
119
operation of a liquefaction or gasification nat-
ural gas terminal. Such record shall be the ex-
clusive record for any Federal administrative
proceeding that is an appeal or review of any
such decision made or action taken.
‘‘(E) STATE AND LOCAL SAFETY CONSID-
ERATIONS.—
‘‘(i) IN GENERAL.—The Commission
shall consult with the State commission of
the State in which the liquefaction or gas-
ification natural gas terminal is located re-
garding State and local safety consider-
ations prior to issuing an order pursuant
to this subsection and consistent with the
schedule established under subparagraph
(C).
‘‘(ii) STATE SAFETY INSPECTIONS.—
The State commission of the State in
which a liquefaction or gasification natural
gas terminal is located may, after the ter-
minal is operational, conduct safety inspec-
tions with respect to the liquefaction or
gasification natural gas terminal if—
120
‘‘(I) the State commission pro-
vides written notice to the Commis-
sion of its intention to do so; and
‘‘(II) the inspections will be car-
ried out in conformance with Federal
regulations and guidelines.
Enforcement of any safety violation discov-
ered by a State commission pursuant to
this clause shall be carried out by Federal
officials. The Commission shall take appro-
priate action in response to a report of a
violation not later that 90 days after re-
ceiving such report.
‘‘(iii) STATE AND LOCAL SAFETY CON-
SIDERATIONS.—For the purposes of this
subparagraph, State and local safety con-
siderations include—
‘‘(I) the kind and use of the facil-
ity;
‘‘(II) the existing and projected
population and demographic charac-
teristics of the location;
‘‘(III) the existing and proposed
land use near the location;
121
‘‘(IV) the natural and physical
aspects of the location;
‘‘(V) the medical, law enforce-
ment, and fire prevention capabilities
near the location that can respond at
the facility; and
‘‘(VI) the feasibility of remote
siting.
‘‘(F) LIMITATION.—Subparagraph (C)(ii)
shall not apply to any approval required to pro-
tect navigation, maritime safety, or maritime
security.
‘‘(3) ISSUANCE OF COMMISSION ORDER.—
‘‘(A) IN GENERAL.—The Commission shall
issue an order authorizing, in whole or in part,
the construction, expansion, or operation cov-
ered by the application to any qualified
applicant—
‘‘(i) unless the Commission finds such
actions or operations will not be consistent
with the public interest; and
‘‘(ii) if the Commission has found that
the applicant is—
122
‘‘(I) able and willing to carry out
the actions and operations proposed;
and
‘‘(II) willing to conform to the
provisions of this Act and any require-
ments, rules, and regulations of the
Commission set forth under this Act.
‘‘(B) TERMS AND CONDITIONS.—The Com-
mission may by its order grant an application,
in whole or in part, with such modification and
upon such terms and conditions as the Commis-
sion may find necessary or appropriate.
‘‘(C) LIMITATIONS ON TERMS AND CONDI-
TIONS TO COMMISSION ORDER.—
‘‘(i) IN GENERAL.—Any Commission
order issued pursuant to this subsection
before January 1, 2011, shall not be condi-
tioned on—
‘‘(I) a requirement that the lique-
faction or gasification natural gas ter-
minal offer service to persons other
than the person, or any affiliate there-
of, securing the order; or
‘‘(II) any regulation of the lique-
faction or gasification natural gas ter-
123
minal’s rates, charges, terms, or con-
ditions of service.
‘‘(ii) INAPPLICABLE
TO
TERMINAL
EXIT PIPELINE.—Clause (i) shall not apply
to any pipeline subject to the jurisdiction
of the Commission under section 7 exiting
a liquefaction or gasification natural gas
terminal.
‘‘(iii) EXPANSION
OF
REGULATED
TERMINAL.—An order issued under this
paragraph that relates to an expansion of
an existing liquefaction or gasification nat-
ural gas terminal, where any portion of the
existing terminal continues to be subject to
Commission regulation of rates, charges,
terms, or conditions of service, may not re-
sult in—
‘‘(I) subsidization of the expan-
sion by regulated terminal users;
‘‘(II) degradation of service to
the regulated terminal users; or
‘‘(III) 
undue 
discrimination
against the regulated terminal users.
124
‘‘(iv) 
EXPIRATION.—This 
subpara-
graph shall cease to have effect on Janu-
ary 1, 2021.
‘‘(4) DEFINITION.—For the purposes of this
subsection, the term ‘Federal authorization’ means
any authorization required under Federal law in
order to construct, expand, or operate a liquefaction
or gasification natural gas terminal, including such
permits, special use authorizations, certifications,
opinions, or other approvals as may be required,
whether issued by a Federal or State agency.’’.
(d) JUDICIAL REVIEW.—Section 19 of the Natural
Gas Act (15 U.S.C. 717r) is amended by adding at the
end the following:
‘‘(d) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—The United States Court of
Appeals for the District of Columbia Circuit shall
have original and exclusive jurisdiction over any civil
action—
‘‘(A) for review of any order, action, or
failure to act of any Federal or State adminis-
trative agency to issue, condition, or deny any
permit, license, concurrence, or approval re-
quired under Federal law for the construction,
125
expansion, or operation of a liquefaction or gas-
ification natural gas terminal;
‘‘(B) alleging unreasonable delay, in meet-
ing a schedule established under section
3(d)(2)(C) or otherwise, by any Federal or
State administrative agency in entering an
order or taking other action described in sub-
paragraph (A); or
‘‘(C) challenging any decision made or ac-
tion taken by the Commission under section
3(d).
‘‘(2) COMMISSION ACTION.—For any action de-
scribed in this subsection, the Commission shall file
with the Court the consolidated record maintained
under section 3(d)(2)(D).
‘‘(3) COURT ACTION.—If the Court finds under
paragraph (1)(A) or (B) that an order, action, fail-
ure to act, or delay is inconsistent with applicable
Federal law, and would prevent the construction, ex-
pansion, or operation of a liquefaction or gasification
natural gas terminal, the order or action shall be
deemed to have been issued or taken, subject to any
conditions established by the Federal or State ad-
ministrative agency upon remand from the Court,
such conditions to be consistent with the order of
126
the Court. If the Court remands the order or action
to the Federal or State agency, the Court shall set
a reasonable deadline for the agency to act on re-
mand.
‘‘(4) UNREASONABLE
DELAY.—For the pur-
poses of paragraph (1)(B), the failure of an agency
to issue a permit, license, concurrence, or approval
within the later of—
‘‘(A) 1 year after the date of filing of an
application for the permit, license, concurrence,
or approval; or
‘‘(B) 60 days after the date of issuance of
the order under section 3(d),
shall be considered unreasonable delay unless the
Court, for good cause shown, determines otherwise.
‘‘(5) EXPEDITED REVIEW.—The Court shall set
any action brought under this subsection for expe-
dited consideration.’’.
SEC. 327. HYDRAULIC FRACTURING.
Paragraph (1) of section 1421(d) of the Safe Drink-
ing Water Act (42 U.S.C. 300h(d)) is amended to read
as follows:
‘‘(1) UNDERGROUND
INJECTION.—The term
‘underground injection’—
127
‘‘(A) means the subsurface emplacement of
fluids by well injection; and
‘‘(B) excludes—
‘‘(i) the underground injection of nat-
ural gas for purposes of storage; and
‘‘(ii) the underground injection of
fluids or propping agents pursuant to hy-
draulic fracturing operations related to oil
or gas production activities.’’.
SEC. 328. OIL AND GAS EXPLORATION AND PRODUCTION
DEFINED.
Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end
the following:
‘‘(24) OIL AND GAS EXPLORATION AND PRO-
DUCTION.—The term ‘oil and gas exploration, pro-
duction, processing, or treatment operations or
transmission facilities’ means all field activities or
operations associated with exploration, production,
processing, or treatment operations, or transmission
facilities, including activities necessary to prepare a
site for drilling and for the movement and placement
of drilling equipment, whether or not such field ac-
tivities or operations may be considered to be con-
struction activities.’’.