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(b) FRAUD AUTHORITY.—Section 4b of the Com-
modity Exchange Act (7 U.S.C. 6b) is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) It shall be unlawful— 
‘‘(1) for any person, in or in connection with 
any order to make, or the making of, any contract 
of sale of any commodity for future delivery or in 
interstate commerce, that is made, or to be made, on 
or subject to the rules of a designated contract mar-
ket, for or on behalf of any other person; or 
‘‘(2) for any person, in or in connection with 
any order to make, or the making of, any contract 
of sale of any commodity for future delivery, or 
other agreement, contract, or transaction subject to 
section 5a(g) (1) and (2) of this Act, that is made, 
or to be made, for or on behalf of, or with, any other 
person, other than on or subject to the rules of a 
designated contract market— 
‘‘(A) to cheat or defraud or attempt to 
cheat or defraud such other person; 
‘‘(B) willfully to make or cause to be made 
to such other person any false report or state-
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ment or willfully to enter or cause to be entered 
for such other person any false record; 
‘‘(C) willfully to deceive or attempt to de-
ceive such other person by any means whatso-
ever in regard to any order or contract or the 
disposition or execution of any order or con-
tract, or in regard to any act of agency per-
formed, with respect to any order or contract 
for or, in the case of subsection (a)(2), with 
such other person; or 
‘‘(D)(i) to bucket an order if such order is 
either represented by such person as an order 
to be executed, or required to be executed, on 
or subject to the rules of a designated contract 
market; or 
‘‘(ii) to fill an order by offset against the 
order or orders of any other person, or willfully 
and knowingly and without the prior consent of 
such other person to become the buyer in re-
spect to any selling order of such other person, 
or become the seller in respect to any buying 
order of such other person, if such order is ei-
ther represented by such person as an order to 
be executed, or required to be executed, on or
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subject to the rules of a designated contract 
market. 
‘‘(b) Subsection (a)(2) shall not obligate any person, 
in connection with a transaction in a contract of sale of 
a commodity for future delivery, or other agreement, con-
tract or transaction subject to section 5a(g) (1) and (2) 
of this Act, with another person, to disclose to such other 
person nonpublic information that may be material to the 
market price of such commodity or transaction, except as 
necessary to make any statement made to such other per-
son in connection with such transaction, not misleading 
in any material respect.’’. 
(c) JURISDICTION OF THE CFTC.—The Natural Gas 
Act (15 U.S.C. 717 et seq.) is amended by adding at the 
end: 
‘‘SEC. 26. JURISDICTION. 
‘‘This Act shall not affect the exclusive jurisdiction 
of the Commodity Futures Trading Commission with re-
spect to accounts, agreements, contracts, or transactions 
in commodities under the Commodity Exchange Act (7 
U.S.C. 1 et seq.). Any request for information by the Com-
mission to a designated contract market, registered deriva-
tives transaction execution facility, board of trade, ex-
change, or market involving accounts, agreements, con-
tracts, or transactions in commodities (including natural
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gas, electricity, and other energy commodities) within the 
exclusive jurisdiction of the Commodity Futures Trading 
Commission shall be directed to the Commodity Futures 
Trading Commission, which shall cooperate in responding 
to any information request by the Commission.’’. 
(d) INCREASED PENALTIES.—Section 21 of the Nat-
ural Gas Act (15 U.S.C. 717t) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘$5,000’’ and inserting 
‘‘$1,000,000’’; and 
(B) by striking ‘‘two years’’ and inserting 
‘‘5 years’’; and 
(2) in subsection (b), by striking ‘‘$500’’ and 
inserting ‘‘$50,000’’. 
SEC. 333. NATURAL GAS MARKET TRANSPARENCY. 
The Natural Gas Act (15 U.S.C 717 et seq.) is 
amended— 
(1) by redesignating section 24 as section 25; 
and 
(2) by inserting after section 23 the following: 
‘‘SEC. 24. NATURAL GAS MARKET TRANSPARENCY. 
‘‘(a) AUTHORIZATION.—(1) Not later than 180 days 
after the date of enactment of the Energy Policy Act of 
2005, the Federal Energy Regulatory Commission shall 
issue rules directing all entities subject to the Commis-
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sion’s jurisdiction as provided under this Act to timely re-
port information about the availability and prices of nat-
ural gas sold at wholesale in interstate commerce to the 
Commission and price publishers. 
‘‘(2) The Commission shall evaluate the data for ade-
quate price transparency and accuracy. 
‘‘(3) Rules issued under this subsection requiring the 
reporting of information to the Commission that may be-
come publicly available shall be limited to aggregate data 
and transaction-specific data that are otherwise required 
by the Commission to be made public. 
‘‘(4) In exercising its authority under this section, the 
Commission shall not— 
‘‘(A) compete with, or displace from the market 
place, any price publisher; or 
‘‘(B) regulate price publishers or impose any re-
quirements on the publication of information. 
‘‘(b) TIMELY ENFORCEMENT.—No person shall be 
subject to any penalty under this section with respect to 
a violation occurring more than 3 years before the date 
on which the Federal Energy Regulatory Commission 
seeks to assess a penalty. 
‘‘(c) LIMITATION ON COMMISSION AUTHORITY.—(1) 
The Commission shall not condition access to interstate
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pipeline transportation upon the reporting requirements 
authorized under this section. 
‘‘(2) Natural gas sales by a producer that are attrib-
utable to volumes of natural gas produced by such pro-
ducer shall not be subject to the rules issued pursuant to 
this section. 
‘‘(3) The Commission shall not require natural gas 
producers, processors, or users who have a de minimis 
market presence to participate in the reporting require-
ments provided in this section.’’. 
SEC. 334. OIL, GAS, AND MINERAL INDUSTRY WORKERS. 
Congress recognizes that a critical component in 
meeting expanded domestic oil and gas supplies is the 
availability of adequate numbers of trained and skilled 
workers who can undertake the difficult, complex, and 
often hazardous tasks to bring new supplies into produc-
tion. Years of volatility in oil and gas prices, and uncer-
tainty over Federal policy on access to resources, has cre-
ated a severe shortage of skilled workers for the oil and 
gas industry. To address this shortage, the Secretary of 
Energy, in consultation with the Secretary of Labor, shall 
evaluate both the short term and longer term availability 
of skilled workers to meet the energy security require-
ments of the United States, addressing the availability 
of skilled labor at both entry level and at more senior lev-
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els in the oil, gas, and mineral industries. Within twelve 
months of the date of enactment of this Act, the Secretary 
of Energy, the Secretary of Labor, and the Secretary of 
the Interior shall submit to Congress a report with rec-
ommendations as appropriate to meet the future labor re-
quirements for the domestic extraction industries. 
Subtitle C—Access to Federal Land 
SEC. 344. CONSULTATION REGARDING OIL AND GAS LEAS-
ING ON PUBLIC LAND. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of the Interior 
and the Secretary of Agriculture shall enter into a memo-
randum of understanding regarding oil and gas leasing 
on— 
(1) public lands under the jurisdiction of the 
Secretary of the Interior; and 
(2) National Forest System lands under the ju-
risdiction of the Secretary of Agriculture. 
(b) CONTENTS.—The memorandum of understanding 
shall include provisions that— 
(1) establish administrative procedures and 
lines of authority that ensure timely processing of oil 
and gas lease applications, surface use plans of oper-
ation, and applications for permits to drill, including 
steps for processing surface use plans and applica-
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tions for permits to drill consistent with the 
timelines established by the amendment made by 
section 348; 
(2) eliminate duplication of effort by providing 
for coordination of planning and environmental com-
pliance efforts; and 
(3) ensure that lease stipulations are— 
(A) applied consistently; 
(B) coordinated between agencies; and 
(C) only as restrictive as necessary to pro-
tect the resource for which the stipulations are 
applied. 
(c) DATA RETRIEVAL SYSTEM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
the Interior and the Secretary of Agriculture shall 
establish a joint data retrieval system that is capable 
of— 
(A) tracking applications and formal re-
quests made in accordance with procedures of 
the Federal onshore oil and gas leasing pro-
gram; and 
(B) providing information regarding the 
status of the applications and requests within
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the Department of the Interior and the Depart-
ment of Agriculture. 
(2) RESOURCE
MAPPING.—Not later than 2 
years after the date of enactment of this Act, the 
Secretary of the Interior and the Secretary of Agri-
culture shall establish a joint Geographic Informa-
tion System mapping system for use in— 
(A) tracking surface resource values to aid 
in resource management; and 
(B) processing surface use plans of oper-
ation and applications for permits to drill. 
SEC. 346. COMPLIANCE WITH EXECUTIVE ORDER NO. 13211; 
ACTIONS CONCERNING REGULATIONS THAT 
SIGNIFICANTLY AFFECT ENERGY SUPPLY, 
DISTRIBUTION, OR USE. 
(a) REQUIREMENT.—The head of each Federal agen-
cy shall require that before the Federal agency takes any 
action that could have a significant adverse effect on the 
supply of domestic energy resources from Federal public 
land, the Federal agency taking the action shall comply 
with Executive Order No. 13211 (42 U.S.C. 13201 note). 
(b) GUIDANCE.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Energy 
shall publish guidance for purposes of this section describ-
ing what constitutes a significant adverse effect on the
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supply of domestic energy resources under Executive 
Order No. 13211 (42 U.S.C. 13201 note). 
(c) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary of the Interior and the Secretary of Agriculture 
shall include in the memorandum of understanding under 
section 344 provisions for implementing subsection (a) of 
this section. 
SEC. 355. ENCOURAGING GREAT LAKES OIL AND GAS 
DRILLING BAN. 
Congress encourages no Federal or State permit or 
lease to be issued for new oil and gas slant, directional, 
or offshore drilling in or under one or more of the Great 
Lakes. 
SEC. 358. FEDERAL COALBED METHANE REGULATION. 
Any State currently on the list of Affected States es-
tablished under section 1339(b) of the Energy Policy Act 
of 1992 (42 U.S.C. 13368(b)) shall be removed from the 
list if, not later than 3 years after the date of enactment 
of this Act, the State takes, or prior to the date of enact-
ment has taken, any of the actions required for removal 
from the list under such section 1339(b). 
Subtitle D—Refining Revitalization 
SEC. 371. SHORT TITLE. 
This subtitle may be cited as the ‘‘United States Re-
finery Revitalization Act of 2005’’.
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SEC. 372. FINDINGS. 
Congress finds the following: 
(1) It serves the national interest to increase 
petroleum refining capacity for gasoline, heating oil, 
diesel fuel, jet fuel, kerosene, and petrochemical 
feedstocks wherever located within the United 
States, to bring more supply to the markets for use 
by the American people. Nearly 50 percent of the 
petroleum in the United States is used for the pro-
duction of gasoline. Refined petroleum products have 
a significant impact on interstate commerce. 
(2) United States demand for refined petroleum 
products currently exceeds the country’s petroleum 
refining capacity to produce such products. By 
2025, United States gasoline consumption is pro-
jected to rise from 8,900,000 barrels per day to 
12,900,000 barrels per day. Diesel fuel and home 
heating oil are becoming larger components of an in-
creasing demand for refined petroleum supply. With 
the increase in air travel, jet fuel consumption is 
projected to be 789,000 barrels per day higher in 
2025 than today. 
(3) The petroleum refining industry is oper-
ating at 95 percent of capacity. The United States 
is currently importing 5 percent of its refined petro-
leum products and because of the stringent United
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States gasoline and diesel fuel specifications, few 
foreign refiners can produce the clean fuels required 
in the United States and the number of foreign sup-
pliers that can produce United States quality gaso-
line is decreasing. 
(4) Refiners are subject to significant environ-
mental and other regulations and face several new 
Clean Air Act requirements over the next decade. 
New Clean Air Act requirements will benefit the en-
vironment but will also require substantial capital 
investment and additional government permits. 
(5) No new refinery has been built in the 
United States since 1976 and many smaller domes-
tic refineries have become idle since the removal of 
the Domestic Crude Oil Allocation Program and be-
cause of regulatory uncertainty and generally low re-
turns on capital employed. Today, the United States 
has 149 refineries, down from 324 in 1981. Restora-
tion of recently idled refineries alone would amount 
to 483,570 barrels a day in additional capacity, or 
approximately 3.3 percent of the total operating ca-
pacity. 
(6) Refiners have met growing demand by in-
creasing the use of existing equipment and increas-
ing the efficiency and capacity of existing plants.
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But refining capacity has begun to lag behind peak 
summer demand. 
(7) Heavy industry and manufacturing jobs 
have closed or relocated due to barriers to invest-
ment, burdensome regulation, and high costs of op-
eration, among other reasons. 
(8) Because the production and disruption in 
supply of refined petroleum products has a signifi-
cant impact on interstate commerce, it serves the 
national interest to increase the domestic refining 
operating capacity. 
(10) More regulatory certainty for refinery own-
ers is needed to stimulate investment in increased 
refinery capacity and required procedures for Fed-
eral, State, and local regulatory approvals need to be 
streamlined to ensure that increased refinery capac-
ity can be developed and operated in a safe, timely, 
and cost-effective manner. 
(11) The proposed Yuma Arizona Refinery, a 
grassroots refinery facility, which only recently re-
ceived its Federal air quality permit after 5 years 
under the current regulatory process, and is just 
now beginning its environmental impact statement 
and local permitting process, serves as an example
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of the obstacles a refiner would have to overcome to 
reopen an idle refinery. 
SEC. 373. PURPOSE. 
The purpose of this subtitle is to encourage the ex-
pansion of the United States refining capacity by pro-
viding an accelerated review and approval process of all 
regulatory approvals for certain idle refineries and lending 
corresponding legal and technical assistance to States with 
resources that may be inadequate to meet such permit re-
view demands. 
SEC. 374. DESIGNATION OF REFINERY REVITALIZATION 
ZONES. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary shall designate as a Refinery 
Revitalization Zone any area— 
(1) that— 
(A) has experienced mass layoffs at manu-
facturing facilities, as determined by the Sec-
retary of Labor; or 
(B) contains an idle refinery; and 
(2) that has an unemployment rate that exceeds 
the national average by at least 10 percent of the 
national average, as set by the Department of 
Labor, Bureau of Labor Statistics, at the time of 
the designation as a Refinery Revitalization Zone.
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SEC. 375. MEMORANDUM OF UNDERSTANDING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall enter 
into a memorandum of understanding with the Adminis-
trator for the purposes of this subtitle. The Secretary and 
the Administrator shall each designate a senior official re-
sponsible for, and dedicate sufficient other staff and re-
sources to ensure, full implementation of the purposes of 
this subtitle and any regulations enacted pursuant to this 
subtitle. 
(b) ADDITIONAL SIGNATORIES.—The Governor of 
any State, and the appropriate representative of any In-
dian Tribe, with jurisdiction over a Refinery Revitalization 
Zone, as designated by the Secretary pursuant to section 
374, may be signatories to the memorandum of under-
standing under this section. 
SEC. 376. STATE ENVIRONMENTAL PERMITTING ASSIST-
ANCE. 
Not later than 30 days after a Revitalization Pro-
gram Qualifying State becomes a signatory to the memo-
randum of understanding under section 375(b)— 
(1) the Secretary shall designate one or more 
employees of the Department with expertise relating 
to the siting and operation of refineries to provide 
legal and technical assistance to that Revitalization 
Program Qualifying State; and
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(2) the Administrator shall designate, to pro-
vide legal and technical assistance for that Revital-
ization Program Qualifying State, one or more em-
ployees of the Environmental Protection Agency 
with expertise on regulatory issues, relating to the 
siting and operation of refineries, with respect to 
each of— 
(A) the Clean Air Act (42 U.S.C. 7401 et 
seq.); 
(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(C) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(D) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
(E) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
(F) the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.); 
(G) the National Historic Preservation Act 
(16 U.S.C. 470 et seq.); and 
(H) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.).
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SEC. 377. COORDINATION AND EXPEDITIOUS REVIEW OF 
PERMITTING PROCESS. 
(a) DEPARTMENT OF ENERGY AS LEAD AGENCY.— 
Upon written request of a prospective applicant for Fed-
eral authorization for a refinery facility in a Refinery Revi-
talization Zone, the Department shall act as the lead Fed-
eral agency for the purposes of coordinating all applicable 
Federal authorizations and environmental reviews of the 
refining facility. To the maximum extent practicable under 
applicable Federal law, the Secretary shall coordinate this 
Federal authorization and review process with any Indian 
Tribes and State and local agencies responsible for con-
ducting any separate permitting and environmental re-
views of the refining facility. 
(b) SCHEDULE.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with the agencies with authority over Federal 
authorizations and, as appropriate, with Indian 
Tribes and State and local agencies that are willing 
to coordinate their separate permitting and environ-
mental reviews with the Federal authorizations and 
environmental reviews, shall establish a schedule 
with prompt and binding intermediate and ultimate 
deadlines for the review of, and Federal authoriza-
tion decisions relating to, refinery facility siting and 
operation.
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(2) PREAPPLICATION PROCESS.—Prior to estab-
lishing the schedule, the Secretary shall provide an 
expeditious preapplication mechanism for applicants 
to confer with the agencies involved and to have 
each agency communicate to the prospective appli-
cant within 60 days concerning— 
(A) the likelihood of approval for a poten-
tial refinery facility; and 
(B) key issues of concern to the agencies 
and local community. 
(3) SCHEDULE.—The Secretary shall consider 
the preapplication findings under paragraph (2) in 
setting the schedule and shall ensure that once an 
application has been submitted with such informa-
tion as the Secretary considers necessary, all permit 
decisions and related environmental reviews under 
all applicable Federal laws shall be completed within 
6 months or, where circumstances require otherwise, 
as soon as thereafter practicable. 
(c) CONSOLIDATED ENVIRONMENTAL REVIEW.— 
(1) LEAD AGENCY.—In carrying out its role as 
the lead Federal agency for environmental review, 
the Department shall coordinate all applicable Fed-
eral actions for complying with the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et
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seq.) and shall be responsible for preparing any envi-
ronmental impact statement required by section 
102(2)(C) of that Act (42 U.S.C. 4332(2)(C)) or 
such other form of environmental review as is re-
quired. 
(2) CONSOLIDATION OF STATEMENTS.—In car-
rying out paragraph (1), if the Department deter-
mines an environmental impact statement is re-
quired, the Department shall prepare a single envi-
ronmental impact statement, which shall consolidate 
the environmental reviews of all Federal agencies 
considering any aspect of the project covered by the 
environmental impact statement. 
(d) OTHER AGENCIES.—Each Federal agency consid-
ering an aspect of the siting or operation of a refinery 
facility in a Refinery Revitalization Zone shall cooperate 
with the Department and comply with the deadlines estab-
lished by the Department in the preparation of any envi-
ronmental impact statement or such other form of review 
as is required. 
(e) EXCLUSIVE RECORD.—The Department 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 De-
partment or by a Federal administrative agency or officer
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(or State administrative agency or officer acting under 
delegated Federal authority) with respect to the siting or 
operation of a refinery facility in a Refinery Revitalization 
Zone. Such record shall be the exclusive record for any 
Federal administrative proceeding that is an appeal or re-
view of any such decision made or action taken. 
(f) APPEALS.—In the event any agency has denied 
a Federal authorization required for a refinery facility in 
a Refinery Revitalization Zone, or has failed to act by a 
deadline established by the Secretary pursuant to sub-
section (b) for deciding whether to issue the Federal au-
thorization, the applicant or any State in which the refin-
ery facility would be located may file an appeal with the 
Secretary. Based on the record maintained under sub-
section (e), and in consultation with the affected agency, 
the Secretary may then either issue the necessary Federal 
authorization with appropriate conditions, or deny the ap-
peal. The Secretary shall issue a decision within 60 days 
after the filing of the appeal. In making a decision under 
this subsection, the Secretary shall comply with applicable 
requirements of Federal law, including each of the laws 
referred to in section 376(2)(A) through (H). Any judicial 
appeal of the Secretary’s decision shall be to the United 
States Court of Appeals for the District of Columbia.
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(g) CONFORMING REGULATIONS.—Not later than 6 
months after the date of enactment of this Act, the Sec-
retary shall issue any regulations necessary to implement 
this subtitle. 
SEC. 378. COMPLIANCE WITH ALL ENVIRONMENTAL REGU-
LATIONS REQUIRED. 
Nothing in this subtitle shall be construed to waive 
the applicability of environmental laws and regulations to 
any refinery facility. 
SEC. 379. DEFINITIONS. 
For the purposes of this subtitle, the term— 
(1) ‘‘Administrator’’ means the Administrator 
of the Environmental Protection Agency; 
(2) ‘‘Department’’ means the Department of 
Energy; 
(3) ‘‘Federal authorization’’ means any author-
ization required under Federal law (including the 
Clean Air Act, the Federal Water Pollution Control 
Act, the Safe Drinking Water Act, the Comprehen-
sive Environmental Response, Compensation, and 
Liability Act of 1980, the Solid Waste Disposal Act, 
the Toxic Substances Control Act, the National His-
toric Preservation Act, and the National Environ-
mental Policy Act of 1969) in order to site, con-
struct, upgrade, or operate a refinery facility within
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a Refinery Revitalization Zone, including such per-
mits, special use authorizations, certifications, opin-
ions, or other approvals as may be required, whether 
issued by a Federal, State, or local agency; 
(4) ‘‘idle refinery’’ means any real property site 
that has been used at any time for a refinery facility 
since December 31, 1979, that has not been in oper-
ation after April 1, 2005; 
(5) ‘‘refinery facility’’ means any facility de-
signed and operated to receive, unload, store, proc-
ess and refine raw crude oil by any chemical or 
physical process, including distillation, fluid catalytic 
cracking, 
hydrocracking, 
coking, 
alkylation, 
etherification, polymerization, catalytic reforming, 
isomerization, hydrotreating, blending, and any com-
bination thereof; 
(6) ‘‘Revitalization Program Qualifying State’’ 
means a State or Indian Tribe that— 
(A) has entered into the memorandum of 
understanding pursuant to section 375(b); and 
(B) has established a refining infrastruc-
ture coordination office that the Secretary finds 
will facilitate Federal-State cooperation for the 
purposes of this subtitle; and 
(7) ‘‘Secretary’’ means the Secretary of Energy.
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TITLE IV—COAL 
Subtitle A—Clean Coal Power 
Initiative 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
(a) CLEAN COAL POWER INITIATIVE.—There are au-
thorized to be appropriated to the Secretary of Energy (re-
ferred to in this title as the ‘‘Secretary’’) to carry out the 
activities authorized by this subtitle $200,000,000 for 
each of fiscal years 2006 through 2014, to remain avail-
able until expended. 
(b) REPORT.—The Secretary shall submit to Con-
gress the report required by this subsection not later than 
March 31, 2007. The report shall include, with respect 
to subsection (a), a 10-year plan containing— 
(1) a detailed assessment of whether the aggre-
gate funding levels provided under subsection (a) are 
the appropriate funding levels for that program; 
(2) a detailed description of how proposals will 
be solicited and evaluated, including a list of all ac-
tivities expected to be undertaken; 
(3) a detailed list of technical milestones for 
each coal and related technology that will be pur-
sued; and 
(4) a detailed description of how the program 
will avoid problems enumerated in General Account-
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ing Office reports on the Clean Coal Technology 
Program, including problems that have resulted in 
unspent funds and projects that failed either finan-
cially or scientifically. 
SEC. 402. PROJECT CRITERIA. 
(a) IN GENERAL.—The Secretary shall not provide 
funding under this subtitle for any project that does not 
advance efficiency, environmental performance, and cost 
competitiveness well beyond the level of technologies that 
are in commercial service or have been demonstrated on 
a scale that the Secretary determines is sufficient to dem-
onstrate that commercial service is viable as of the date 
of enactment of this Act. 
(b) TECHNICAL CRITERIA FOR CLEAN COAL POWER 
INITIATIVE.— 
(1) GASIFICATION PROJECTS.— 
(A) IN GENERAL.—In allocating the funds 
made available under section 401(a), the Sec-
retary shall ensure that at least 60 percent of 
the funds are used only for projects on coal- 
based gasification technologies, including gasifi-
cation combined cycle, gasification fuel cells, 
gasification coproduction, and hybrid gasifi-
cation/combustion.
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(B) TECHNICAL
MILESTONES.—The Sec-
retary shall periodically set technical milestones 
specifying the emission and thermal efficiency 
levels that coal gasification projects under this 
subtitle shall be designed, and reasonably ex-
pected, to achieve. The technical milestones 
shall become more restrictive during the life of 
the program. The Secretary shall set the peri-
odic milestones so as to achieve by 2020 coal 
gasification projects able— 
(i) to remove 99 percent of sulfur di-
oxide; 
(ii) to emit not more than .05 lbs of 
NOx per million Btu; 
(iii) to achieve substantial reductions 
in mercury emissions; and 
(iv) to achieve a thermal efficiency 
of— 
(I) 60 percent for coal of more 
than 9,000 Btu; 
(II) 59 percent for coal of 7,000 
to 9,000 Btu; and 
(III) 50 percent for coal of less 
than 7,000 Btu.
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(2) OTHER PROJECTS.—The Secretary shall pe-
riodically set technical milestones and ensure that up 
to 40 percent of the funds appropriated pursuant to 
section 401(a) are used for projects not described in 
paragraph (1). The milestones shall specify the 
emission and thermal efficiency levels that projects 
funded under this paragraph shall be designed to 
and reasonably expected to achieve. The technical 
milestones shall become more restrictive during the 
life of the program. The Secretary shall set the peri-
odic milestones so as to achieve by 2010 projects 
able— 
(A) to remove 97 percent of sulfur dioxide; 
(B) to emit no more than .08 lbs of NOx 
per million Btu; 
(C) to achieve substantial reductions in 
mercury emissions; and 
(D) to achieve a thermal efficiency of— 
(i) 45 percent for coal of more than 
9,000 Btu; 
(ii) 44 percent for coal of 7,000 to 
9,000 Btu; and 
(iii) 40 percent for coal of less than 
7,000 Btu.
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(3) CONSULTATION.—Before setting the tech-
nical milestones under paragraphs (1)(B) and (2), 
the Secretary shall consult with the Administrator of 
the Environmental Protection Agency and interested 
entities, including coal producers, industries using 
coal, organizations to promote coal or advanced coal 
technologies, environmental organizations, and orga-
nizations representing workers. 
(4) EXISTING UNITS.—In the case of projects 
at units in existence on the date of enactment of this 
Act, in lieu of the thermal efficiency requirements 
set forth in paragraph (1)(B)(iv) and (2)(D), the 
milestones shall be designed to achieve an overall 
thermal design efficiency improvement, compared to 
the efficiency of the unit as operated, of not less 
than— 
(A) 7 percent for coal of more than 9,000 
Btu; 
(B) 6 percent for coal of 7,000 to 9,000 
Btu; or 
(C) 4 percent for coal of less than 7,000 
Btu. 
(5) PERMITTED
USES.—In carrying out this 
subtitle, the Secretary may fund projects that in-
clude, as part of the project, the separation and cap-
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ture of carbon dioxide. The thermal efficiency goals 
of paragraphs (1), (2), and (4) shall not apply for 
projects that separate and capture at least 50 per-
cent of the facility’s potential emissions of carbon di-
oxide. 
(c) FINANCIAL CRITERIA.—The Secretary shall not 
provide a funding award under this subtitle unless the re-
cipient documents to the satisfaction of the Secretary 
that— 
(1) the award recipient is financially viable 
without the receipt of additional Federal funding; 
(2) the recipient will provide sufficient informa-
tion to the Secretary to enable the Secretary to en-
sure that the award funds are spent efficiently and 
effectively; and 
(3) a market exists for the technology being 
demonstrated or applied, as evidenced by statements 
of interest in writing from potential purchasers of 
the technology. 
(d) FINANCIAL ASSISTANCE.—The Secretary shall 
provide financial assistance to projects that meet the re-
quirements of subsections (a), (b), and (c) and are likely 
to— 
(1) achieve overall cost reductions in the utiliza-
tion of coal to generate useful forms of energy;
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(2) improve the competitiveness of coal among 
various forms of energy in order to maintain a diver-
sity of fuel choices in the United States to meet elec-
tricity generation requirements; and 
(3) demonstrate methods and equipment that 
are applicable to 25 percent of the electricity gener-
ating facilities, using various types of coal, that use 
coal as the primary feedstock as of the date of en-
actment of this Act. 
(e) FEDERAL SHARE.—The Federal share of the cost 
of a coal or related technology project funded by the Sec-
retary under this subtitle shall not exceed 50 percent. 
(f) APPLICABILITY.—No technology, or level of emis-
sion reduction, shall be treated as adequately dem-
onstrated for purposes of section 111 of the Clean Air Act 
(42 U.S.C. 7411), achievable for purposes of section 169 
of that Act (42 U.S.C. 7479), or achievable in practice 
for purposes of section 171 of that Act (42 U.S.C. 7501) 
solely by reason of the use of such technology, or the 
achievement of such emission reduction, by 1 or more fa-
cilities receiving assistance under this subtitle. 
SEC. 403. REPORT. 
Not later than 1 year after the date of enactment 
of this Act, and once every 2 years thereafter through 
2014, the Secretary, in consultation with other appro-
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priate Federal agencies, shall submit to Congress a report 
describing— 
(1) the technical milestones set forth in section 
402 and how those milestones ensure progress to-
ward meeting the requirements of subsections 
(b)(1)(B) and (b)(2) of section 402; and 
(2) the status of projects funded under this 
subtitle. 
SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE. 
As part of the program authorized in section 401, 
the Secretary shall award competitive, merit-based grants 
to universities for the establishment of Centers of Excel-
lence for Energy Systems of the Future. The Secretary 
shall provide grants to universities that show the greatest 
potential for advancing new clean coal technologies. 
Subtitle B—Clean Power Projects 
SEC. 411. COAL TECHNOLOGY LOAN. 
There are authorized to be appropriated to the Sec-
retary $125,000,000 to provide a loan to the owner of the 
experimental plant constructed under United States De-
partment of Energy cooperative agreement number DE- 
FC-22–91PC90544 on such terms and conditions as the 
Secretary determines, including interest rates and upfront 
payments.
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SEC. 412. COAL GASIFICATION. 
The Secretary is authorized to provide loan guaran-
tees for a project to produce energy from a plant using 
integrated gasification combined cycle technology of at 
least 400 megawatts in capacity that produces power at 
competitive rates in deregulated energy generation mar-
kets and that does not receive any subsidy (direct or indi-
rect) from ratepayers. 
SEC. 414. PETROLEUM COKE GASIFICATION. 
The Secretary is authorized to provide loan guaran-
tees for at least 5 petroleum coke gasification projects. 
SEC. 416. ELECTRON SCRUBBING DEMONSTRATION. 
The Secretary shall use $5,000,000 from amounts 
appropriated to initiate, through the Chicago Operations 
Office, a project to demonstrate the viability of high-en-
ergy electron scrubbing technology on commercial-scale 
electrical generation using high-sulfur coal. 
Subtitle D—Coal and Related 
Programs 
SEC. 441. CLEAN AIR COAL PROGRAM. 
(a) AMENDMENT.—The Energy Policy Act of 1992 
is amended by adding the following new title at the end 
thereof:
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‘‘TITLE XXXI—CLEAN AIR COAL 
PROGRAM 
‘‘SEC. 3101. FINDINGS; PURPOSES; DEFINITIONS. 
‘‘(a) FINDINGS.—The Congress finds that— 
‘‘(1) new environmental regulations present ad-
ditional challenges for coal-fired electrical generation 
in the private marketplace; and 
‘‘(2) the Department of Energy, in cooperation 
with industry, has already fully developed and com-
mercialized several new clean-coal technologies that 
will allow the clean use of coal. 
‘‘(b) PURPOSES.—The purposes of this title are to— 
‘‘(1) promote national energy policy and energy 
security, diversity, and economic competitiveness 
benefits that result from the increased use of coal; 
‘‘(2) mitigate financial risks, reduce the cost, 
and increase the marketplace acceptance of the new 
clean coal technologies; and 
‘‘(3) advance the deployment of pollution con-
trol equipment to meet the current and future obli-
gations of coal-fired generation units regulated 
under the Clean Air Act (42 U.S.C. 7402 and fol-
lowing).
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‘‘SEC. 3102. AUTHORIZATION OF PROGRAM. 
‘‘The Secretary shall carry out a program to facilitate 
production and generation of coal-based power and the in-
stallation of pollution control equipment. 
‘‘SEC. 3103. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) POLLUTION CONTROL PROJECTS.—There are 
authorized 
to 
be 
appropriated 
to 
the 
Secretary 
$300,000,000 for fiscal year 2006, $100,000,000 for fis-
cal year 2007, $40,000,000 for fiscal year 2008, 
$30,000,000 for fiscal year 2009, and $30,000,000 for fis-
cal year 2010, to remain available until expended, for car-
rying out the program for pollution control projects, which 
may include— 
‘‘(1) pollution control equipment and processes 
for the control of mercury air emissions; 
‘‘(2) pollution control equipment and processes 
for the control of nitrogen dioxide air emissions or 
sulfur dioxide emissions; 
‘‘(3) pollution control equipment and processes 
for the mitigation or collection of more than one pol-
lutant; 
‘‘(4) advanced combustion technology for the 
control of at least two pollutants, including mercury, 
particulate matter, nitrogen oxides, and sulfur diox-
ide, which may also be designed to improve the en-
ergy efficiency of the unit; and
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‘‘(5) advanced pollution control equipment and 
processes designed to allow use of the waste byprod-
ucts or other byproducts of the equipment or an 
electrical generation unit designed to allow the use 
of byproducts. 
Funds appropriated under this subsection which are not 
awarded before fiscal year 2012 may be applied to projects 
under subsection (b), in addition to amounts authorized 
under subsection (b). 
‘‘(b) GENERATION PROJECTS.—There are authorized 
to be appropriated to the Secretary $250,000,000 for fis-
cal year 2007, $350,000,000 for fiscal year 2008, 
$400,000,000 for fiscal year 2009, $400,000,000 for fis-
cal year 2010, $400,000,000 for fiscal year 2011, 
$400,000,000 for fiscal year 2012, and $300,000,000 for 
fiscal year 2013, to remain available until expended, for 
generation projects and air pollution control projects. 
Such projects may include— 
‘‘(1) coal-based electrical generation equipment 
and processes, including gasification combined cycle 
or other coal-based generation equipment and proc-
esses; 
‘‘(2) associated environmental control equip-
ment, that will be cost-effective and that is designed 
to meet anticipated regulatory requirements;
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‘‘(3) coal-based electrical generation equipment 
and processes, including gasification fuel cells, gas-
ification coproduction, and hybrid gasification/com-
bustion projects; and 
‘‘(4) advanced coal-based electrical generation 
equipment and processes, including oxidation com-
bustion techniques, ultra-supercritical boilers, and 
chemical looping, which the Secretary determines 
will be cost-effective and could substantially con-
tribute to meeting anticipated environmental or en-
ergy needs. 
‘‘(c) LIMITATION.—Funds placed at risk during any 
fiscal year for Federal loans or loan guarantees pursuant 
to this title may not exceed 30 percent of the total funds 
obligated under this title. 
‘‘SEC. 3104. AIR POLLUTION CONTROL PROJECT CRITERIA. 
‘‘The Secretary shall pursuant to authorizations con-
tained in section 3103 provide funding for air pollution 
control projects designed to facilitate compliance with 
Federal and State environmental regulations, including 
any regulation that may be established with respect to 
mercury. 
‘‘SEC. 3105. CRITERIA FOR GENERATION PROJECTS. 
‘‘(a) CRITERIA.—The Secretary shall establish cri-
teria on which selection of individual projects described in
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section 3103(b) should be based. The Secretary may mod-
ify the criteria as appropriate to reflect improvements in 
equipment, except that the criteria shall not be modified 
to be less stringent. These selection criteria shall include— 
‘‘(1) prioritization of projects whose installation 
is likely to result in significant air quality improve-
ments in nonattainment air quality areas; 
‘‘(2) prioritization of projects that result in the 
repowering or replacement of older, less efficient 
units; 
‘‘(3) documented broad interest in the procure-
ment of the equipment and utilization of the proc-
esses used in the projects by electrical generator 
owners or operators; 
‘‘(4) equipment and processes beginning in 
2006 through 2011 that are projected to achieve an 
thermal efficiency of— 
‘‘(A) 40 percent for coal of more than 
9,000 Btu per pound based on higher heating 
values; 
‘‘(B) 38 percent for coal of 7,000 to 9,000 
Btu per pound based on higher heating values; 
and 
‘‘(C) 36 percent for coal of less than 7,000 
Btu per pound based on higher heating values,
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except that energy used for coproduction or cogen-
eration shall not be counted in calculating the ther-
mal efficiency under this paragraph; and 
‘‘(5) equipment and processes beginning in 
2012 and 2013 that are projected to achieve an 
thermal efficiency of— 
‘‘(A) 45 percent for coal of more than 
9,000 Btu per pound based on higher heating 
values; 
‘‘(B) 44 percent for coal of 7,000 to 9,000 
Btu per pound based on higher heating values; 
and 
‘‘(C) 40 percent for coal of less than 7,000 
Btu per pound based on higher heating values, 
except that energy used for coproduction or cogen-
eration shall not be counted in calculating the ther-
mal efficiency under this paragraph. 
‘‘(b) SELECTION.—(1) In selecting the projects, up 
to 25 percent of the projects selected may be either co-
production or cogeneration or other gasification projects, 
but at least 25 percent of the projects shall be for the 
sole purpose of electrical generation, and priority should 
be given to equipment and projects less than or equal to 
600 MW to foster and promote standard designs.
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‘‘(2) The Secretary shall give priority to projects that 
have been developed and demonstrated that are not yet 
cost competitive, and for coal energy generation projects 
that advance efficiency, environmental performance, or 
cost competitiveness significantly beyond the level of pollu-
tion control equipment that is in operation on a full scale. 
‘‘SEC. 3106. FINANCIAL CRITERIA. 
‘‘(a) IN GENERAL.—The Secretary shall only provide 
financial assistance to projects that meet the requirements 
of sections 3103 and 3104 and are likely to— 
‘‘(1) achieve overall cost reductions in the utili-
zation of coal to generate useful forms of energy; 
and 
‘‘(2) improve the competitiveness of coal in 
order to maintain a diversity of domestic fuel choices 
in the United States to meet electricity generation 
requirements. 
‘‘(b) CONDITIONS.—The Secretary shall not provide 
a funding award under this title unless— 
‘‘(1) the award recipient is financially viable 
without the receipt of additional Federal funding; 
and 
‘‘(2) the recipient provides sufficient informa-
tion to the Secretary for the Secretary to ensure
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that the award funds are spent efficiently and effec-
tively. 
‘‘(c) EQUAL ACCESS.—The Secretary shall, to the ex-
tent practical, utilize cooperative agreement, loan guar-
antee, and direct Federal loan mechanisms designed to en-
sure that all electrical generation owners have equal access 
to these technology deployment incentives. The Secretary 
shall develop and direct a competitive solicitation process 
for the selection of technologies and projects under this 
title. 
‘‘SEC. 3107. FEDERAL SHARE. 
‘‘The Federal share of the cost of a coal or related 
technology project funded by the Secretary under this title 
shall not exceed 50 percent. For purposes of this title, 
Federal funding includes only appropriated funds. 
‘‘SEC. 3108. APPLICABILITY. 
‘‘No technology, or level of emission reduction, shall 
be treated as adequately demonstrated for purposes of sec-
tion 111 of the Clean Air Act (42 U.S.C. 7411), achievable 
for purposes of section 169 of the Clean Air Act (42 
U.S.C. 7479), or achievable in practice for purposes of 
section 171 of the Clean Air Act (42 U.S.C. 7501) solely 
by reason of the use of such technology, or the achieve-
ment of such emission reduction, by one or more facilities 
receiving assistance under this title.’’.
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(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents of the Energy Policy Act of 1992 is amended 
by adding at the end the following: 
‘‘TITLE XXXI—CLEAN AIR COAL PROGRAM 
‘‘Sec. 3101. Findings; purposes; definitions. 
‘‘Sec. 3102. Authorization of program. 
‘‘Sec. 3103. Authorization of appropriations. 
‘‘Sec. 3104. Air pollution control project criteria. 
‘‘Sec. 3105. Criteria for generation projects. 
‘‘Sec. 3106. Financial criteria. 
‘‘Sec. 3107. Federal share. 
‘‘Sec. 3108. Applicability.’’. 
TITLE V—INDIAN ENERGY 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Indian Tribal Energy 
Development and Self-Determination Act of 2005’’. 
SEC. 502. OFFICE OF INDIAN ENERGY POLICY AND PRO-
GRAMS. 
(a) IN GENERAL.—Title II of the Department of En-
ergy Organization Act (42 U.S.C. 7131 et seq.) is amend-
ed by adding at the end the following: 
‘‘OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS 
‘‘SEC. 217. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department an Office of Indian Energy Policy and 
Programs (referred to in this section as the ‘Office’). The 
Office shall be headed by a Director, who shall be ap-
pointed by the Secretary and compensated at a rate equal
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to that of level IV of the Executive Schedule under section 
5315 of title 5, United States Code. 
‘‘(b) DUTIES OF DIRECTOR.—The Director, in ac-
cordance with Federal policies promoting Indian self-de-
termination and the purposes of this Act, shall provide, 
direct, foster, coordinate, and implement energy planning, 
education, management, conservation, and delivery pro-
grams of the Department that— 
‘‘(1) promote Indian tribal energy development, 
efficiency, and use; 
‘‘(2) reduce or stabilize energy costs; 
‘‘(3) enhance and strengthen Indian tribal en-
ergy and economic infrastructure relating to natural 
resource development and electrification; and 
‘‘(4) bring electrical power and service to In-
dian land and the homes of tribal members located 
on Indian lands or acquired, constructed, or im-
proved (in whole or in part) with Federal funds.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) The table of contents of the Department of 
Energy Organization Act (42 U.S.C. prec. 7101) is 
amended— 
(A) in the item relating to section 209, by 
striking ‘‘Section’’ and inserting ‘‘Sec.’’; and
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(B) by striking the items relating to sec-
tions 213 through 216 and inserting the fol-
lowing: 
‘‘Sec. 213. Establishment of policy for National Nuclear Security Administra-
tion. 
‘‘Sec. 214. Establishment of security, counterintelligence, and intelligence poli-
cies. 
‘‘Sec. 215. Office of Counterintelligence. 
‘‘Sec. 216. Office of Intelligence. 
‘‘Sec. 217. Office of Indian Energy Policy and Programs.’’. 
(2) Section 5315 of title 5, United States Code, 
is amended by inserting after the item related to the 
Inspector General, Department of Energy the fol-
lowing new item: 
‘‘Director, Office of Indian Energy Policy and 
Programs, Department of Energy.’’. 
SEC. 503. INDIAN ENERGY. 
(a) IN GENERAL.—Title XXVI of the Energy Policy 
Act of 1992 (25 U.S.C. 3501 et seq.) is amended to read 
as follows: 
‘‘TITLE XXVI—INDIAN ENERGY 
RESOURCES 
‘‘SEC. 2601. DEFINITIONS. 
‘‘For purposes of this title: 
‘‘(1) The term ‘Director’ means the Director of 
the Office of Indian Energy Policy and Programs, 
Department of Energy. 
‘‘(2) The term ‘Indian land’ means—
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‘‘(A) any land located within the bound-
aries of an Indian reservation, pueblo, or 
rancheria; and 
‘‘(B) any land not located within the 
boundaries of an Indian reservation, pueblo, or 
rancheria, the title to which is held— 
‘‘(i) in trust by the United States for 
the benefit of an Indian tribe or an indi-
vidual Indian; 
‘‘(ii) by an Indian tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
‘‘(iii) by a dependent Indian commu-
nity. 
‘‘(3) The term ‘Indian reservation’ includes— 
‘‘(A) an Indian reservation in existence in 
any State or States as of the date of enactment 
of this paragraph; 
‘‘(B) a public domain Indian allotment; 
and 
‘‘(C) a dependent Indian community lo-
cated within the borders of the United States, 
regardless of whether the community is lo-
cated—
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‘‘(i) on original or acquired territory 
of the community; or 
‘‘(ii) within or outside the boundaries 
of any particular State. 
‘‘(4) The term ‘Indian tribe’ has the meaning 
given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
450b), except that the term ‘Indian tribe’, for the 
purpose of paragraph (11) and sections 2603(b)(3) 
and 2604, shall not include any Native Corporation. 
‘‘(5) The term ‘integration of energy resources’ 
means any project or activity that promotes the loca-
tion and operation of a facility (including any pipe-
line, gathering system, transportation system or fa-
cility, or electric transmission or distribution facility) 
on or near Indian land to process, refine, generate 
electricity from, or otherwise develop energy re-
sources on, Indian land. 
‘‘(6) The term ‘Native Corporation’ has the 
meaning given the term in section 3 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1602). 
‘‘(7) The term ‘organization’ means a partner-
ship, joint venture, limited liability company, or 
other unincorporated association or entity that is es-
tablished to develop Indian energy resources.
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‘‘(8) The term ‘Program’ means the Indian en-
ergy resource development program established 
under section 2602(a). 
‘‘(9) The term ‘Secretary’ means the Secretary 
of the Interior. 
‘‘(10) The term ‘tribal energy resource develop-
ment organization’ means an organization of 2 or 
more entities, at least 1 of which is an Indian tribe, 
that has the written consent of the governing bodies 
of all Indian tribes participating in the organization 
to apply for a grant, loan, or other assistance au-
thorized by section 2602. 
‘‘(11) The term ‘tribal land’ means any land or 
interests in land owned by any Indian tribe, title to 
which is held in trust by the United States or which 
is subject to a restriction against alienation under 
laws of the United States. 
‘‘SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOP-
MENT. 
‘‘(a) DEPARTMENT OF THE INTERIOR PROGRAM.— 
‘‘(1) To assist Indian tribes in the development 
of energy resources and further the goal of Indian 
self-determination, the Secretary shall establish and 
implement an Indian energy resource development 
program to assist consenting Indian tribes and tribal
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energy resource development organizations in achiev-
ing the purposes of this title. 
‘‘(2) In carrying out the Program, the Sec-
retary shall— 
‘‘(A) provide development grants to Indian 
tribes and tribal energy resource development 
organizations for use in developing or obtaining 
the managerial and technical capacity needed to 
develop energy resources on Indian land, and to 
properly account for resulting energy produc-
tion and revenues; 
‘‘(B) provide grants to Indian tribes and 
tribal energy resource development organiza-
tions for use in carrying out projects to pro-
mote the integration of energy resources, and to 
process, use, or develop those energy resources, 
on Indian land; and 
‘‘(C) provide low-interest loans to Indian 
tribes and tribal energy resource development 
organizations for use in the promotion of en-
ergy resource development on Indian land and 
integration of energy resources. 
‘‘(3) There are authorized to be appropriated to 
carry out this subsection such sums as are necessary 
for each of fiscal years 2006 through 2016.
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‘‘(b) DEPARTMENT
OF ENERGY INDIAN ENERGY 
EDUCATION PLANNING AND MANAGEMENT ASSISTANCE 
PROGRAM.— 
‘‘(1) The Director shall establish programs to 
assist consenting Indian tribes in meeting energy 
education, research and development, planning, and 
management needs. 
‘‘(2) In carrying out this subsection, the Direc-
tor may provide grants, on a competitive basis, to an 
Indian tribe or tribal energy resource development 
organization for use in carrying out— 
‘‘(A) energy, energy efficiency, and energy 
conservation programs; 
‘‘(B) studies and other activities sup-
porting tribal acquisitions of energy supplies, 
services, and facilities; 
‘‘(C) planning, construction, development, 
operation, maintenance, and improvement of 
tribal electrical generation, transmission, and 
distribution facilities located on Indian land; 
and 
‘‘(D) development, construction, and inter-
connection of electric power transmission facili-
ties located on Indian land with other electric 
transmission facilities.
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‘‘(3)(A) The Director may develop, in consulta-
tion with Indian tribes, a formula for providing 
grants under this subsection. 
‘‘(B) In providing a grant under this sub-
section, the Director shall give priority to an applica-
tion received from an Indian tribe with inadequate 
electric service (as determined by the Director). 
‘‘(4) The Secretary of Energy may issue such 
regulations as necessary to carry out this subsection. 
‘‘(5) There are authorized to be appropriated to 
carry out this subsection such sums as are necessary 
for each of fiscal years 2006 through 2016. 
‘‘(c) DEPARTMENT OF ENERGY LOAN GUARANTEE 
PROGRAM.— 
‘‘(1) Subject to paragraph (3), the Secretary of 
Energy may provide loan guarantees (as defined in 
section 502 of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661a)) for not more than 90 percent 
of the unpaid principal and interest due on any loan 
made to any Indian tribe for energy development. 
‘‘(2) A loan guarantee under this subsection 
shall be made by— 
‘‘(A) a financial institution subject to ex-
amination by the Secretary of Energy; or
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‘‘(B) an Indian tribe, from funds of the In-
dian tribe. 
‘‘(3) The aggregate outstanding amount guar-
anteed by the Secretary of Energy at any time under 
this subsection shall not exceed $2,000,000,000. 
‘‘(4) The Secretary of Energy may issue such 
regulations as the Secretary of Energy determines 
are necessary to carry out this subsection. 
‘‘(5) There are authorized to be appropriated 
such sums as are necessary to carry out this sub-
section, to remain available until expended. 
‘‘(6) Not later than 1 year from the date of en-
actment of this section, the Secretary of Energy 
shall report to Congress on the financing require-
ments of Indian tribes for energy development on In-
dian land. 
‘‘(d) FEDERAL AGENCIES-INDIAN ENERGY PREF-
ERENCE.— 
‘‘(1) In purchasing electricity or any other en-
ergy product or by-product, a Federal agency or de-
partment may give preference to an energy and re-
source production enterprise, partnership, consor-
tium, corporation, or other type of business organi-
zation the majority of the interest in which is owned 
and controlled by 1 or more Indian tribes.
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‘‘(2) In carrying out this subsection, a Federal 
agency or department shall not— 
‘‘(A) pay more than the prevailing market 
price for an energy product or by-product; or 
‘‘(B) obtain less than prevailing market 
terms and conditions. 
‘‘SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULA-
TION. 
‘‘(a) GRANTS.—The Secretary may provide to Indian 
tribes, on an annual basis, grants for use in accordance 
with subsection (b). 
‘‘(b) USE OF FUNDS.—Funds from a grant provided 
under this section may be used— 
‘‘(1) by an Indian tribe for the development of 
a tribal energy resource inventory or tribal energy 
resource on Indian land; 
‘‘(2) by an Indian tribe for the development of 
a feasibility study or other report necessary to the 
development of energy resources on Indian land; 
‘‘(3) by an Indian tribe (other than an Indian 
Tribe in Alaska except the Metlakatla Indian Com-
munity) for the development and enforcement of 
tribal laws (including regulations) relating to tribal 
energy resource development and the development of
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technical infrastructure to protect the environment 
under applicable law; 
‘‘(4) by a Native Corporation for the develop-
ment and implementation of corporate policies and 
the development of technical infrastructure related 
to energy development and environmental protection 
under applicable law; and 
‘‘(5) by an Indian tribe for the training of em-
ployees that— 
‘‘(A) are engaged in the development of en-
ergy resources on Indian land; or 
‘‘(B) are responsible for protecting the en-
vironment. 
‘‘(c) OTHER ASSISTANCE.—In carrying out the obli-
gations of the United States under this title, the Secretary 
shall ensure, to the maximum extent practicable and to 
the extent of available resources, that upon the request 
of an Indian tribe, the Indian tribe shall have available 
scientific and technical information and expertise, for use 
in the Indian tribe’s regulation, development, and manage-
ment of energy resources on Indian land. The Secretary 
may fulfill this responsibility either directly, through the 
use of Federal officials, or indirectly, by providing finan-
cial assistance to the Indian tribe to secure independent 
assistance.
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‘‘SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS- 
OF-WAY INVOLVING ENERGY DEVELOPMENT 
OR TRANSMISSION. 
‘‘(a) LEASES AND BUSINESS AGREEMENTS.—Subject 
to the provisions of this section— 
‘‘(1) an Indian tribe may, at its discretion, 
enter into a lease or business agreement for the pur-
pose of energy resource development on tribal land, 
including a lease or business agreement for— 
‘‘(A) exploration for, extraction of, proc-
essing of, or other development of the Indian 
tribe’s energy mineral resources located on trib-
al land; and 
‘‘(B) construction or operation of an elec-
tric generation, transmission, or distribution fa-
cility located on tribal land or a facility to proc-
ess or refine energy resources developed on trib-
al land; and 
‘‘(2) such lease or business agreement described 
in paragraph (1) shall not require the approval of 
the Secretary under section 2103 of the Revised 
Statutes (25 U.S.C. 81) or any other provision of 
law, if— 
‘‘(A) the lease or business agreement is ex-
ecuted pursuant to a tribal energy resource
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agreement approved by the Secretary under 
subsection (e); 
‘‘(B) the term of the lease or business 
agreement does not exceed— 
‘‘(i) 30 years; or 
‘‘(ii) in the case of a lease for the pro-
duction of oil resources, gas resources, or 
both, 10 years and as long thereafter as oil 
or gas is produced in paying quantities; 
and 
‘‘(C) the Indian tribe has entered into a 
tribal energy resource agreement with the Sec-
retary, as described in subsection (e), relating 
to the development of energy resources on tribal 
land (including the periodic review and evalua-
tion of the activities of the Indian tribe under 
the agreement, to be conducted pursuant to the 
provisions required by subsection (e)(2)(D)(i)). 
‘‘(b) RIGHTS-OF-WAY FOR PIPELINES OR ELECTRIC 
TRANSMISSION
OR DISTRIBUTION LINES.—An Indian 
tribe may grant a right-of-way over tribal land for a pipe-
line or an electric transmission or distribution line without 
approval by the Secretary if—
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‘‘(1) the right-of-way is executed in accordance 
with a tribal energy resource agreement approved by 
the Secretary under subsection (e); 
‘‘(2) the term of the right-of-way does not ex-
ceed 30 years; 
‘‘(3) the pipeline or electric transmission or dis-
tribution line serves— 
‘‘(A) an electric generation, transmission, 
or distribution facility located on tribal land; or 
‘‘(B) a facility located on tribal land that 
processes or refines energy resources developed 
on tribal land; and 
‘‘(4) the Indian tribe has entered into a tribal 
energy resource agreement with the Secretary, as de-
scribed in subsection (e), relating to the development 
of energy resources on tribal land (including the 
periodic review and evaluation of the Indian tribe’s 
activities under such agreement described in sub-
paragraphs (D) and (E) of subsection (e)(2)). 
‘‘(c) RENEWALS.—A lease or business agreement en-
tered into or a right-of-way granted by an Indian tribe 
under this section may be renewed at the discretion of the 
Indian tribe in accordance with this section. 
‘‘(d) VALIDITY.—No lease, business agreement, or 
right-of-way relating to the development of tribal energy
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resources pursuant to the provisions of this section shall 
be valid unless the lease, business agreement, or right-of- 
way is authorized by the provisions of a tribal energy re-
source agreement approved by the Secretary under sub-
section (e)(2). 
‘‘(e) TRIBAL ENERGY RESOURCE AGREEMENTS.— 
‘‘(1) On issuance of regulations under para-
graph (8), an Indian tribe may submit to the Sec-
retary for approval a tribal energy resource agree-
ment governing leases, business agreements, and 
rights-of-way under this section. 
‘‘(2)(A) Not later than 180 days after the date 
on which the Secretary receives a tribal energy re-
source agreement submitted by an Indian tribe 
under paragraph (1), or not later than 60 days after 
the Secretary receives a revised tribal energy re-
source agreement submitted by an Indian tribe 
under paragraph (4)(C), (or such later date as may 
be agreed to by the Secretary and the Indian tribe), 
the Secretary shall approve or disapprove the tribal 
energy resource agreement. 
‘‘(B) The Secretary shall approve a tribal en-
ergy resource agreement submitted under paragraph 
(1) if—