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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 
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—
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(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. 
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.
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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 
(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.);
150
(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.). 
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
151
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. 
(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
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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 
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
153
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 
(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
154
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. 
(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
155
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 
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;
156
(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. 
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—