125
SEC. 330. APPEALS RELATING TO PIPELINE CONSTRUC-
TION OR OFFSHORE MINERAL DEVELOP-
MENT PROJECTS. 
(a) AGENCY OF RECORD, PIPELINE CONSTRUCTION 
PROJECTS.—Any Federal administrative agency pro-
ceeding that is an appeal or review under section 319 of 
the Coastal Zone Management Act of 1972 (16 U.S.C. 
1465), as amended by this Act, related to Federal author-
ity for an interstate natural gas pipeline construction 
project, including construction of natural gas storage and 
liquefied natural gas facilities, shall use as its exclusive 
record for all purposes the record compiled by the Federal 
Energy Regulatory Commission pursuant to the Commis-
sion’s proceeding under sections 3 and 7 of the Natural 
Gas Act (15 U.S.C. 717b, 717f). 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that all Federal and State agencies with jurisdiction 
over interstate natural gas pipeline construction activities 
should coordinate their proceedings within the timeframes 
established by the Federal Energy Regulatory Commission 
when the Commission is acting under sections 3 and 7 
of the Natural Gas Act (15 U.S.C. 717b, 717f) to deter-
mine whether a certificate of public convenience and neces-
sity should be issued for a proposed interstate natural gas 
pipeline.
126
(c) AGENCY OF RECORD, OFFSHORE MINERAL DE-
VELOPMENT
PROJECTS.—Any Federal administrative 
agency proceeding that is an appeal or review under sec-
tion 319 of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1465), as amended by this Act, related to Fed-
eral authority for the permitting, approval, or other au-
thorization of energy projects, including projects to ex-
plore, develop, or produce mineral resources in or under-
lying the outer Continental Shelf shall use as its exclusive 
record for all purposes (except for the filing of pleadings) 
the record compiled by the relevant Federal permitting 
agency. 
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-
sion’s jurisdiction as provided under this Act to timely re-
port information about the availability and prices of nat-
127
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 
pipeline transportation upon the reporting requirements 
authorized under this section.
128
‘‘(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.’’. 
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-
129
ation, and applications for permits to drill, including 
steps for processing surface use plans and applica-
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
130
(B) providing information regarding the 
status of the applications and requests within 
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 13211; AC-
TIONS 
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
131
shall publish guidance for purposes of this section describ-
ing what constitutes a significant adverse effect on the 
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. 350. ENERGY FACILITY RIGHTS-OF-WAY AND COR-
RIDORS ON FEDERAL LAND. 
(a) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Agriculture and the Secretary of the Interior, in con-
sultation with the Secretary of Commerce, the Sec-
retary of Defense, the Secretary of Energy, and the 
Federal Energy Regulatory Commission, shall sub-
mit to Congress a joint report—
(A) that addresses—
(i) the location of existing rights-of-
way and designated and de facto corridors 
for oil and gas pipelines and electric trans-
mission and distribution facilities on Fed-
eral land; and
132
(ii) opportunities for additional oil 
and gas pipeline and electric transmission 
capacity within those rights-of-way and 
corridors; and 
(B) that includes a plan for making avail-
able, on request, to the appropriate Federal, 
State, and local agencies, tribal governments, 
and other persons involved in the siting of oil 
and gas pipelines and electricity transmission 
facilities Geographic Information System-based 
information regarding the location of the exist-
ing rights-of-way and corridors and any planned 
rights-of-way and corridors. 
(2) CONSULTATIONS AND CONSIDERATIONS.—
In preparing the report, the Secretary of the Interior 
and the Secretary of Agriculture shall consult 
with—
(A) other agencies of Federal, State, tribal, 
or local units of government, as appropriate; 
(B) persons involved in the siting of oil 
and gas pipelines and electric transmission fa-
cilities; and 
(C) other interested members of the public. 
(3) LIMITATION.—The Secretary of the Interior 
and the Secretary of Agriculture shall limit the dis-
133
tribution of the report and Geographic Information 
System-based information referred to in paragraph 
(1) as necessary for national and infrastructure se-
curity reasons, if either Secretary determines that 
the information may be withheld from public disclo-
sure under a national security or other exception 
under section 552(b) of title 5, United States Code. 
(b) CORRIDOR DESIGNATIONS.—
(1) 11 CONTIGUOUS
WESTERN
STATES.—Not 
later than 2 years after the date of enactment of 
this Act, the Secretary of Agriculture, the Secretary 
of Commerce, the Secretary of Defense, the Sec-
retary of Energy, and the Secretary of the Interior, 
in consultation with the Federal Energy Regulatory 
Commission and the affected utility industries, shall 
jointly—
(A) designate, under title V of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1761 et seq.) and other applicable Fed-
eral laws, corridors for oil and gas pipelines and 
electricity transmission and facilities on Federal 
land in the eleven contiguous Western States 
(as defined in section 103 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1702));
134
(B) perform any environmental reviews 
that may be required to complete the designa-
tions of corridors for the facilities on Federal 
land in the eleven contiguous Western States; 
and 
(C) incorporate the designated corridors 
into—
(i) the relevant departmental and 
agency land use and resource management 
plans; or 
(ii) equivalent plans. 
(2) OTHER STATES.—Not later than 4 years 
after the date of enactment of this Act, the Sec-
retary of Agriculture, the Secretary of Commerce, 
the Secretary of Defense, the Secretary of Energy, 
and the Secretary of the Interior, in consultation 
with the Federal Energy Regulatory Commission 
and the affected utility industries, shall jointly—
(A) identify corridors for oil and gas pipe-
lines and electricity transmission and distribu-
tion facilities on Federal land in the States 
other than those described in paragraph (1); 
and
135
(B) schedule prompt action to identify, 
designate, and incorporate the corridors into 
the land use plan. 
(3) ONGOING
RESPONSIBILITIES.—The Sec-
retary of Agriculture, the Secretary of Commerce, 
the Secretary of Defense, the Secretary of Energy, 
and the Secretary of the Interior, with respect to 
lands under their respective jurisdictions, in con-
sultation with the Federal Energy Regulatory Com-
mission and the affected utility industries, shall es-
tablish procedures that—
(A) ensure that additional corridors for oil 
and gas pipelines and electricity transmission 
and distribution facilities on Federal land are 
promptly identified and designated; and 
(B) expedite applications to construct or 
modify oil and gas pipelines and electricity 
transmission and distribution facilities within 
the corridors, taking into account prior analyses 
and environmental reviews undertaken during 
the designation of corridors. 
(c) CONSIDERATIONS.—In carrying out this section, 
the Secretaries shall take into account the need for up-
graded and new electricity transmission and distribution 
facilities to—
136
(1) improve reliability; 
(2) relieve congestion; and 
(3) enhance the capability of the national grid 
to deliver electricity. 
(d) DEFINITION OF CORRIDOR.—
(1) IN GENERAL.—In this section and title V of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1761 et seq.), the term ‘‘corridor’’ 
means—
(A) a linear strip of land—
(i) with a width determined with con-
sideration given to technological, environ-
mental, and topographical factors; and 
(ii) that contains, or may in the fu-
ture contain, 1 or more utility, communica-
tion, or transportation facilities; 
(B) a land use designation that is estab-
lished—
(i) by law; 
(ii) by Secretarial Order; 
(iii) through the land use planning 
process; or 
(iv) by other management decision; 
and
137
(C) a designation made for the purpose of 
establishing the preferred location of compatible 
linear facilities and land uses. 
(2) SPECIFICATIONS
OF
CORRIDOR.—On des-
ignation of a corridor under this section, the center-
line, width, and compatible uses of a corridor shall 
be specified. 
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’’.
138
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
139
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.
140
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. 
(9) 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. 
(10) 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
141
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.
142
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
143
(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.).
144
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.
145
(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
146
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
147
(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.
148
(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
149
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.
150
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-
151
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.
152
(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.
154
(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 paragraphs (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-
155
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;
156
(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-