453
with respect to applications and other documents relating
to oil and gas leases.
SEC. 6225. CONSULTATION WITH SECRETARY OF AGRI-
CULTURE.
Section 17(h) of the Mineral Leasing Act (30 U.S.C.
226(h)) is amended to read as follows:
‘‘(h)(1) In issuing any lease on National Forest Sys-
tem lands reserved from the public domain, the Secretary
of the Interior shall consult with the Secretary of Agri-
culture in determining stipulations on surface use under
the lease.
‘‘(2)(A) A lease on lands referred to in paragraph (1)
may not be issued if the Secretary of Agriculture deter-
mines, after consultation under paragraph (1), that the
terms and conditions of the lease, including any prohibi-
tion on surface occupancy for lease operations, will not
be sufficient to adequately protect such lands under the
National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.).
‘‘(B) The authority of the Secretary of Agriculture
under this paragraph may be delegated only to the Under-
secretary of Agriculture for Natural Resources and Envi-
ronment.’’.
454
Subtitle C—Miscellaneous
SEC. 6231. OFFSHORE SUBSALT DEVELOPMENT.
Section 5 of the Outer Continental Shelf Lands Act
of 1953 (43 U.S.C. 1334) is amended by adding at the
end the following:
‘‘(k) SUSPENSION
OF OPERATIONS
FOR SUBSALT
EXPLORATION.—Notwithstanding any other provision of
law or regulation, to prevent waste caused by the drilling
of unnecessary wells and to facilitate the discovery of addi-
tional hydrocarbon reserves, the Secretary may grant a re-
quest for a suspension of operations under any lease to
allow the reprocessing and reinterpretation of geophysical
data to identify and define drilling objectives beneath
allocthonus salt sheets.’’.
SEC. 6232. PROGRAM ON OIL AND GAS ROYALTIES IN KIND.
(a) APPLICABILITY OF SECTION.—Notwithstanding
any other provision of law, the provisions of this section
shall apply to all royalty in kind accepted by the Secretary
of the Interior under any Federal oil or gas lease or permit
under section 36 of the Mineral Leasing Act (30 U.S.C.
192), section 27 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1353), or any other mineral leasing law, in
the period beginning on the date of enactment of this Act
through September 30, 2006.
455
(b) TERMS AND CONDITIONS.—All royalty accruing
to the United States under any Federal oil or gas lease
or permit under the Mineral Leasing Act (30 U.S.C. 181
et seq.) or the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) shall, on the demand of the Secretary
of the Interior, be paid in oil or gas. If the Secretary of
the Interior makes such a demand, the following provi-
sions apply to such payment:
(1) Delivery by, or on behalf of, the lessee of
the royalty amount and quality due under the lease
satisfies the lessee’s royalty obligation for the
amount delivered, except that transportation and
processing reimbursements paid to, or deductions
claimed by, the lessee shall be subject to review and
audit.
(2) Royalty production shall be placed in mar-
ketable condition by the lessee at no cost to the
United States.
(3) The Secretary of the Interior may—
(A) sell or otherwise dispose of any royalty
oil or gas taken in kind (other than oil or gas
taken under section 27(a)(3) of the Outer Con-
tinental 
Shlef 
Lands 
Act 
(43 
U.S.C.
1353(a)(3)) for not less than the market price;
and
456
(B) transport or process any oil or gas roy-
alty taken in kind.
(4) The Secretary of the Interior may, notwith-
standing section 3302 of title 31, United States
Code, retain and use a portion of the revenues from
the sale of oil and gas royalties taken in kind that
otherwise would be deposited to miscellaneous re-
ceipts, without regard to fiscal year limitation, or
may use royalty production, to pay the cost of—
(A) transporting the oil or gas,
(B) processing the gas, or
(C) disposing of the oil or gas.
(5) The Secretary may not use revenues from
the sale of oil and gas royalties taken in kind to pay
for personnel, travel, or other administrative costs of
the Federal Government.
(c) REIMBURSEMENT OF COST.—If the lessee, pursu-
ant to an agreement with the United States or as provided
in the lease, processes the royalty gas or delivers the roy-
alty oil or gas at a point not on or adjacent to the lease
area, the Secretary of the Interior shall—
(1) reimburse the lessee for the reasonable costs
of transportation (not including gathering) from the
lease to the point of delivery or for processing costs;
or
457
(2) at the discretion of the Secretary of the In-
terior, allow the lessee to deduct such transportation
or processing costs in reporting and paying royalties
in value for other Federal oil and gas leases.
(d) BENEFIT TO THE UNITED STATES REQUIRED.—
The Secretary may receive oil or gas royalties in kind only
if the Secretary determines that receiving such royalties
provides benefits to the United States greater than or
equal to those that would be realized under a comparable
royalty in value program.
(e) REPORT TO CONGRESS.—For each of the fiscal
years 2002 through 2006 in which the United States takes
oil or gas royalties in kind from production in any State
or from the Outer Continental Shelf, excluding royalties
taken in kind and sold to refineries under subsection (h),
the Secretary of the Interior shall provide a report to the
Congress describing—
(1) the methodology or methodologies used by
the Secretary to determine compliance with sub-
section (d), including performance standards for
comparing amounts received by the United States
derived from such royalties in kind to amounts likely
to have been received had royalties been taken in
value;
458
(2) an explanation of the evaluation that led the
Secretary to take royalties in kind from a lease or
group of leases, including the expected revenue effect
of taking royalties in kind;
(3) actual amounts received by the United
States derived from taking royalties in kind, and
costs and savings incurred by the United States as-
sociated with taking royalties in kind; and
(4) an evaluation of other relevant public bene-
fits or detriments associated with taking royalties in
kind.
(f) DEDUCTION OF EXPENSES.—
(1) IN
GENERAL.—Before making payments
under section 35 of the Mineral Leasing Act (30
U.S.C. 191) or section 8(g) of the Outer Continental
Shelf Lands Act (30 U.S.C. 1337(g)) of revenues
derived from the sale of royalty production taken in
kind from a lease, the Secretary of the Interior shall
deduct amounts paid or deducted under subsections
(b)(4) and (c), and shall deposit such amounts to
miscellaneous receipts.
(2) ACCOUNTING
FOR
DEDUCTIONS.—If the
Secretary of the Interior allows the lessee to deduct
transportation or processing costs under subsection
(c), the Secretary may not reduce any payments to
459
recipients of revenues derived from any other Fed-
eral oil and gas lease as a consequence of that de-
duction.
(g) CONSULTATION WITH STATES.—The Secretary
of the Interior—
(1) shall consult with a State before conducting
a royalty in kind program under this title within the
State, and may delegate management of any portion
of the Federal royalty in kind program to such State
except as otherwise prohibited by Federal law; and
(2) shall consult annually with any State from
which Federal oil or gas royalty is being taken in
kind to ensure to the maximum extent practicable
that the royalty in kind program provides revenues
to the State greater than or equal to those which
would be realized under a comparable royalty in
value program.
(h) PROVISIONS FOR SMALL REFINERIES.—
(1) PREFERENCE.—If the Secretary of the In-
terior determines that sufficient supplies of crude oil
are not available in the open market to refineries not
having their own source of supply for crude oil, the
Secretary may grant preference to such refineries in
the sale of any royalty oil accruing or reserved to the
United States under Federal oil and gas leases
460
issued under any mineral leasing law, for processing
or use in such refineries at private sale at not less
than the market price.
(2) PRORATION
AMONG
REFINERIES
IN
PRO-
DUCTION AREA.—In disposing of oil under this sub-
section, the Secretary of the Interior may, at the
discretion of the Secretary, prorate such oil among
such refineries in the area in which the oil is pro-
duced.
(i) DISPOSITION TO FEDERAL AGENCIES.—
(1) ONSHORE ROYALTY.—Any royalty oil or gas
taken by the Secretary in kind from onshore oil and
gas leases may be sold at not less than the market
price to any department or agency of the United
States.
(2) OFFSHORE ROYALTY.—Any royalty oil or
gas taken in kind from Federal oil and gas leases on
the Outer Continental Shelf may be disposed of only
under section 27 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1353).
(j) PREFERENCE FOR FEDERAL LOW-INCOME EN-
ERGY ASSISTANCE PROGRAMS.—In disposing of royalty oil
or gas taken in kind under this section, the Secretary may
grant a preference to any person, including any State or
Federal agency, for the purpose of providing additional re-
461
sources to any Federal low-income energy assistance pro-
gram.
SEC. 6233. MARGINAL WELL PRODUCTION INCENTIVES.
To enhance the economics of marginal oil and gas
production by increasing the ultimate recovery from mar-
ginal wells when the cash price of West Texas Inter-
mediate crude oil, as posted on the Dow Jones Commod-
ities Index chart, is less than $15 per barrel for 180 con-
secutive pricing days or when the price of natural gas de-
livered at Henry Hub, Louisiana, is less than $2.00 per
million British thermal units for 180 consecutive days, the
Secretary shall reduce the royalty rate as production de-
clines for—
(1) onshore oil wells producing less than 30
barrels per day;
(2) onshore gas wells producing less than 120
million British thermal units per day;
(3) offshore oil wells producing less than 300
barrels of oil per day; and
(4) offshore gas wells producing less than 1,200
million British thermal units per day.
SEC. 6234. REIMBURSEMENT FOR COSTS OF NEPA ANAL-
YSES, DOCUMENTATION, AND STUDIES.
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is
amended by inserting after section 37 the following:
462
‘‘REIMBURSEMENT FOR COSTS OF CERTAIN ANALYSES,
DOCUMENTATION, AND STUDIES
‘‘SEC. 38. (a) IN GENERAL.—The Secretary of the
Interior may reimburse a person who is a lessee, operator,
operating rights owner, or applicant for an oil or gas lease
under this Act for costs incurred by the person in pre-
paring any project-level analysis, documentation, or re-
lated study required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to the lease, through royalty credits attributable to the
lease, unit agreement, or project area for which the anal-
ysis, documentation, or related study is prepared.
‘‘(b) CONDITIONS.—The Secretary may provide reim-
bursement under subsection (b) only if—
‘‘(1) adequate funding to enable the Secretary
to timely prepare the analysis, documentation, or re-
lated study is not appropriated;
‘‘(2) the person paid the costs voluntarily; and
‘‘(3) the person maintains records of its costs
in accordance with regulations prescribed by the
Secretary.’’.
(c) APPLICATION.—The amendments made by this
section shall apply with respect to any lease entered into
before, on, or after the date of the enactment of this Act.
463
(d) DEADLINE FOR REGULATIONS.—The Secretary
shall issue regulations implementing the amendments
made by this section by not later than 90 days after the
date of the enactment of this Act.
TITLE III—GEOTHERMAL
ENERGY DEVELOPMENT
SEC. 6301. ROYALTY REDUCTION AND RELIEF.
(a) ROYALTY REDUCTION.—Section 5(a) of the Geo-
thermal Steam Act of 1970 (30 U.S.C. 1004(a)) is amend-
ed by striking ‘‘not less than 10 per centum or more than
15 per centum’’ and inserting ‘‘not more than 8 per cen-
tum’’.
(b) ROYALTY RELIEF.—
(1) IN GENERAL.—Notwithstanding section 5 of
the Geothermal Steam Act of 1970 (30 U.S.C.
1004(a)) and any provision of any lease under that
Act, no royalty is required to be paid—
(A) under any qualified geothermal energy
lease with respect to commercial production of
heat or energy from a facility that begins such
production in the 5-year period beginning on
the date of the enactment of this Act; or
(B) on qualified expansion geothermal en-
ergy.
464
(2) 3-YEAR APPLICATION.—Paragraph (1) ap-
plies only to commercial production of heat or en-
ergy from a facility in the first 3 years of such pro-
duction.
(c) DEFINITIONS.—In this section:
(1) QUALIFIED EXPANSION GEOTHERMAL EN-
ERGY.—The term ‘‘qualified expansion geothermal
energy’’—
(A) subject to subparagraph (B), means
geothermal energy produced from a generation
facility for which the rated capacity is increased
by more than 10 percent as a result of expan-
sion of the facility carried out in the 5-year pe-
riod beginning on the date of enactment of this
Act; and
(B) does not include the rated capacity of
the generation facility on the date of enactment
of this Act.
(2) 
QUALIFIED
GEOTHERMAL
ENERGY
LEASE.—The term ‘‘qualified geothermal energy
lease’’ means a lease under the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.)—
(A) that was executed before the end of
the 5-year period beginning on the date of the
enactment of this Act; and
465
(B) under which no commercial production
of any form of heat or energy occurred before
the date of the enactment of this Act.
SEC. 6302. EXEMPTION FROM ROYALTIES FOR DIRECT USE
OF LOW TEMPERATURE GEOTHERMAL EN-
ERGY RESOURCES.
Section 5 of the Geothermal Steam Act of 1970 (30
U.S.C. 1004) is amended—
(1) in paragraph (c) by redesignating subpara-
graphs (1) and (2) as subparagraphs (A) and (B);
(2) by redesignating paragraphs (a) through (d)
in order as paragraphs (1) through (4);
(3) by inserting ‘‘(a) IN GENERAL.—’’ after
‘‘SEC. 5.’’; and
(4) by adding at the end the following new sub-
section:
‘‘(b) EXEMPTION FOR USE OF LOW TEMPERATURE
RESOURCES.—
‘‘(1) IN GENERAL.—In lieu of any royalty or
rental under subsection (a), a lease for qualified de-
velopment and direct utilization of low temperature
geothermal resources shall provide for payment by
the lessee of an annual fee of not less than $100,
and not more than $1,000, in accordance with the
schedule issued under paragraph (2).
466
‘‘(2) SCHEDULE.—The Secretary shall issue a
schedule of fees under this section under which a fee
is based on the scale of development and utilization
to which the fee applies.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) LOW
TEMPERATURE
GEOTHERMAL
RESOURCES.—The term ‘low temperature geo-
thermal resources’ means geothermal steam and
associated geothermal resources having a tem-
perature of less than 195 degrees Fahrenheit.
‘‘(B) QUALIFIED DEVELOPMENT AND DI-
RECT UTILIZATION.—The term ‘qualified devel-
opment and direct utilization’ means develop-
ment and utilization in which all products of
geothermal resources, other than any heat uti-
lized, are returned to the geothermal formation
from which they are produced.’’.
SEC. 6303. AMENDMENTS RELATING TO LEASING ON FOR-
EST SERVICE LANDS.
The Geothermal Steam Act of 1970 is amended—
(1) in section 15(b) (30 U.S.C. 1014(b))—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(B) in paragraph (1) (as designated by
subparagraph (A) of this paragraph) in the
first sentence—
467
(i) by striking ‘‘with the consent of,
and’’ and inserting ‘‘after consultation
with the Secretary of Agriculture and’’;
and
(ii) by striking ‘‘the head of that De-
partment’’ and inserting ‘‘the Secretary of
Agriculture’’; and
(2) by adding at the end the following:
‘‘(2)(A) A geothermal lease for lands withdrawn or
acquired in aid of functions of the Department of Agri-
culture may not be issued if the Secretary of Agriculture,
after the consultation required by paragraph (1), deter-
mines that no terms or conditions, including a prohibition
on surface occupancy for lease operations, would be suffi-
cient to adequately protect such lands under the National
Forest Management Act of 1976 (16 U.S.C. 1600 et seq.).
‘‘(B) The authority of the Secretary of Agriculture
under this paragraph may be delegated only to the Under-
secretary of Agriculture for Natural Resources and Envi-
ronment.’’.
SEC. 6304. DEADLINE FOR DETERMINATION ON PENDING
NONCOMPETITIVE LEASE APPLICATIONS.
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the Interior shall, with
respect to each application pending on the date of the en-
468
actment of this Act for a lease under the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.), issue a final
determination of—
(1) whether or not to conduct a lease sale by
competitive bidding; and
(2) whether or not to award a lease without
competitive bidding.
SEC. 6305. OPENING OF PUBLIC LANDS UNDER MILITARY
JURISDICTION.
(a) IN GENERAL.—Except as otherwise provided in
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.) and other provisions of Federal law applicable to de-
velopment of geothermal energy resources within public
lands, all public lands under the jurisdiction of a Secretary
of a military department shall be open to the operation
of such laws and development and utilization of geo-
thermal steam and associated geothermal resources, as
that term is defined in section 2 of the Geothermal Steam
Act of 1970 (30 U.S.C. 1001), without the necessity for
further action by the Secretary or the Congress.
(b) CONFORMING AMENDMENT.—Section 2689 of
title 10, United States Code, is amended by striking ‘‘in-
cluding public lands,’’ and inserting ‘‘other than public
lands,’’.
469
(c) TREATMENT OF EXISTING LEASES.—Upon the
expiration of any lease in effect on the date of the enact-
ment of this Act of public lands under the jurisdiction of
a military department for the development of any geo-
thermal resource, such lease may, at the option of the
lessee—
(1) be treated as a lease under the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.), and be
renewed in accordance with such Act; or
(2) be renewed in accordance with the terms of
the lease, if such renewal is authorized by such
terms.
(d) REGULATIONS.—The Secretary of the Interior,
with the advice and concurrence of the Secretary of the
military department concerned, shall prescribe such regu-
lations to carry out this section as may be necessary. Such
regulations shall contain guidelines to assist in deter-
mining how much, if any, of the surface of any lands
opened pursuant to this section may be used for purposes
incident to geothermal energy resources development and
utilization.
(e) CLOSURE
FOR PURPOSES
OF NATIONAL DE-
FENSE OR SECURITY.—In the event of a national emer-
gency or for purposes of national defense or security, the
Secretary of the Interior, at the request of the Secretary
470
of the military department concerned, shall close any lands
that have been opened to geothermal energy resources
leasing pursuant to this section.
SEC. 6306. APPLICATION OF AMENDMENTS.
The amendments made by this title apply with re-
spect to any lease executed before, on, or after the date
of the enactment of this Act.
SEC. 6307. REVIEW AND REPORT TO CONGRESS.
The Secretary of the Interior shall promptly review
and report to the Congress regarding the status of all mor-
atoria on and withdrawals from leasing under the Geo-
thermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) of
known geothermal resources areas (as that term is defined
in section 2 of that Act (30 U.S.C. 1001), specifying for
each such area whether the basis for such moratoria or
withdrawal still applies.
SEC. 6308. REIMBURSEMENT FOR COSTS OF NEPA ANAL-
YSES, DOCUMENTATION, AND STUDIES.
(a) IN GENERAL.—The Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.) is amended by adding at
the end the following:
‘‘REIMBURSEMENT FOR COSTS OF CERTAIN ANALYSES,
DOCUMENTATION, AND STUDIES
‘‘SEC. 30. (a) IN GENERAL.—The Secretary of the
Interior may reimburse a person who is a lessee, operator,
operating rights owner, or applicant for a lease under this
471
Act for costs incurred by the person in preparing any
project-level analysis, documentation, or related study re-
quired under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to the lease,
through royalty credits attributable to the lease, unit
agreement, or project area for which the analysis, docu-
mentation, or related study is prepared.
‘‘(b) CONDITIONS.—The Secretary shall may provide
reimbursement under subsection (a) only if—
‘‘(1) adequate funding to enable the Secretary
to timely prepare the analysis, documentation, or re-
lated study is not appropriated;
‘‘(2) the person paid the costs voluntarily; and
‘‘(3) the person maintains records of its costs
in accordance with regulations prescribed by the
Secretary.’’.
(b) APPLICATION.—The amendments made by this
section shall apply with respect to any lease entered into
before, on, or after the date of the enactment of this Act.
(c) DEADLINE FOR REGULATIONS.—The Secretary
shall issue regulations implementing the amendments
made by this section by not later than 90 days after the
date of the enactment of this Act.
472
TITLE IV—HYDROPOWER
SEC. 6401. STUDY AND REPORT ON INCREASING ELECTRIC
POWER PRODUCTION CAPABILITY OF EXIST-
ING FACILITIES.
(a) IN GENERAL.—The Secretary of the Interior shall
conduct a study of the potential for increasing electric
power production capability at existing facilities under the
administrative jurisdiction of the Secretary.
(b) CONTENT.—The study under this section shall in-
clude identification and description in detail of each facil-
ity that is capable, with or without modification, of pro-
ducing additional hydroelectric power, including esti-
mation of the existing potential for the facility to generate
hydroelectric power.
(c) REPORT.—The Secretary shall submit to the Con-
gress a report on the findings, conclusions, and rec-
ommendations of the study under this section by not later
than 12 months after the date of enactment of this Act.
The Secretary shall include in the report the following:
(1) The identifications, descriptions, and esti-
mations referred to in subsection (b).
(2) A description of activities the Secretary is
currently conducting or considering, or that could be
considered, to produce additional hydroelectric power
from each identified facility.
473
(3) A summary of action that has already been
taken by the Secretary to produce additional hydro-
electric power from each identified facility.
(4) The costs to install, upgrade, or modify
equipment or take other actions to produce addi-
tional hydroelectric power from each identified facil-
ity.
(5) The benefits that would be achieved by such
installation, upgrade, modification, or other action,
including quantified estimates of any additional en-
ergy or capacity from each facility identified under
subsection (b).
(6) A description of actions that are planned,
underway, or might reasonably be considered to in-
crease hydroelectric power production by replacing
turbine runners.
(7) A description of actions that are planned,
underway, or might reasonably be considered to in-
crease hydroelectric power production by performing
generator uprates and rewinds.
(8) The impact of increased hydroelectric power
production on irrigation, fish, wildlife, Indian tribes,
river health, water quality, navigation, recreation,
fishing, and flood control.
474
(9) Any additional recommendations the Sec-
retary considers advisable to increase hydroelectric
power production from, and reduce costs and im-
prove efficiency at, facilities under the jurisdiction of
the Secretary.
SEC. 6402. INSTALLATION OF POWERFORMER AT FOLSOM
POWER PLANT, CALIFORNIA.
(a) IN GENERAL.—The Secretary of the Interior may
install a powerformer at the Bureau of Reclamation Fol-
som power plant in Folsom, California, to replace a gener-
ator and transformer that are due for replacement due
to age.
(b) REIMBURSABLE COSTS.—Costs incurred by the
United States for installation of a powerformer under this
section shall be treated as reimbursable costs and shall
bear interest at current long-term borrowing rates of the
United States Treasury at the time of acquisition.
(c) LOCAL COST SHARING.—In addition to reimburs-
able costs under subsection (b), the Secretary shall seek
contributions from power users toward the costs of the
powerformer and its installation.
475
SEC. 6403. STUDY AND IMPLEMENTATION OF INCREASED
OPERATIONAL 
EFFICIENCIES 
IN 
HYDRO-
ELECTRIC POWER PROJECTS.
(a) IN GENERAL.—The Secretary of Interior shall
conduct a study of operational methods and water sched-
uling techniques at all hydroelectric power plants under
the administrative jurisdiction of the Secretary that have
an electric power production capacity greater than 50
megawatts, to—
(1) determine whether such power plants and
associated river systems are operated so as to maxi-
mize energy and capacity capabilities; and
(2) identify measures that can be taken to im-
prove operational flexibility at such plants to achieve
such maximization.
(b) REPORT.—The Secretary shall submit a report on
the findings, conclusions, and recommendations of the
study under this section by not later than 18 months after
the date of the enactment of this Act, including a sum-
mary of the determinations and identifications under
paragraphs (1) and (2) of subsection (a).
(c) COOPERATION BY FEDERAL POWER MARKETING
ADMINISTRATIONS.—The Secretary shall coordinate with
the Administrator of each Federal power marketing ad-
ministration in—
476
(1) determining how the value of electric power
produced by each hydroelectric power facility that
produces power marketed by the administration can
be maximized; and
(2) implementing measures identified under
subsection (a)(2).
(d) LIMITATION
ON IMPLEMENTATION
OF MEAS-
URES.—Implementation under subsections (a)(2) and
(b)(2) shall be limited to those measures that can be im-
plemented within the constraints imposed on Department
of the Interior facilities by other uses required by law.
SEC. 6404. SHIFT OF PROJECT LOADS TO OFF-PEAK PERI-
ODS.
(a) IN GENERAL.—The Secretary of the Interior
shall—
(1) review electric power consumption by Bu-
reau of Reclamation facilities for water pumping
purposes; and
(2) make such adjustments in such pumping as
possible to minimize the amount of electric power
consumed for such pumping during periods of peak
electric power consumption, including by performing
as much of such pumping as possible during off-
peak hours at night.
477
(b) CONSENT OF AFFECTED IRRIGATION CUSTOMERS
REQUIRED.—The Secretary may not under this section
make any adjustment in pumping at a facility without the
consent of each person that has contracted with the
United States for delivery of water from the facility for
use for irrigation and that would be affected by such ad-
justment.
(c) EXISTING OBLIGATIONS NOT AFFECTED.—This
section shall not be construed to affect any existing obliga-
tion of the Secretary to provide electric power, water, or
other benefits from Bureau of Reclamation facilities.
TITLE V—ARCTIC COASTAL
PLAIN DOMESTIC ENERGY
SEC. 6501. SHORT TITLE.
This title may be cited as the ‘‘Arctic Coastal Plain
Domestic Energy Security Act of 2001’’.
SEC. 6502. DEFINITIONS.
In this title:
(1) COASTAL
PLAIN.—The term ‘‘Coastal
Plain’’ means that area identified as such in the
map entitled ‘‘Arctic National Wildlife Refuge’’,
dated August 1980, as referenced in section 1002(b)
of the Alaska National Interest Lands Conservation
Act of 1980 (16 U.S.C. 3142(b)(1)), comprising ap-
proximately 1,549,000 acres.