[Congressional Record Volume 152, Number 24 (Wednesday, March 1, 2006)]
[Senate]
[Pages S1583-S1585]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2898. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2320, to make available funds included in the 
Deficit Reduction Act of 2005 for the Low-Income Home Energy Assistance 
Program for fiscal year 2006, and for other purposes: which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REDUCTION OF ENERGY PRICES.

       (a) Short Title.--This section may be cited as the ``Energy 
     Price Reduction Act of 2006''.
       (b) Findings.--Congress finds that--
       (1) high energy prices place an artificial drag on the 
     economy of the United States;
       (2) high energy prices disproportionately hurt poor and 
     fixed income families and individuals, such as the elderly;
       (3) according to the most recent census, there are more 
     than 3,600,000 elderly people in the United States;
       (4) families and individuals in the United States should 
     not be forced to choose between paying for home heating or 
     cooling and food or medication;
       (5) high energy prices make manufacturing in the United 
     States less competitive;
       (6) according to the American Chemistry Council, ``Because 
     the current gas pressures are most intense in North America, 
     U.S. exports are relatively more expensive on the world 
     market.'';
       (7) according to the American Gas Association, ``because of 
     the extremely tight balance between current production and 
     strong demand, U.S. homes and businesses pay more for natural 
     gas than nearly anyone in the world,'' and ``[o]ne of the 
     best ways to bring natural gas prices down for everyone is to 
     enable producers to expand the areas where they can work, and 
     move the natural gas via pipelines to consumers.''; and
       (8) the increased production and transmission of energy in 
     a safe and environmentally sound manner is essential to the 
     well-being of the people of the United States.
       (c) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Biorefinery.--The term ``biorefinery'' means a facility 
     that produces a renewable fuel (as that term is defined in 
     section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
       (3) Current.--The term ``current'' means, with respect to a 
     resource management or forest plan for an energy project, a 
     plan that has been amended or otherwise updated during the 
     most recent 10-year period.

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       (4) Energy project.--The term ``energy project'' means a 
     project involving the exploration, production, generation, 
     transmission, or distribution of an energy resource.
       (5) Federal land.--The term ``Federal land'' means land 
     owned or administered by the Secretary concerned.
       (6) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (7) Permit.--The term ``permit'' means any permit, license, 
     approval, variance, or other form of authorization that a 
     refiner is required to obtain--
       (A) under any Federal law; or
       (B) from a State or Indian tribal government agency 
     delegated authority by the Federal Government, or authorized 
     under Federal law, to issue permits.
       (8) Refiner.--The term ``refiner'' means a person that--
       (A) owns or operates a refinery; or
       (B) seeks to become an owner or operator of a refinery.
       (9) Refinery.--
       (A) In general.--The term ``refinery'' means--
       (i) a facility at which crude oil is refined into 
     transportation fuel or other petroleum products; and
       (ii) a coal liquification or coal-to-liquid facility at 
     which coal is processed into synthetic crude oil or any other 
     fuel.
       (B) Inclusions.--The term ``refinery'' includes--
       (i) an expansion of a refinery; and
       (ii) a biorefinery.
       (10) Refinery expansion.--The term ``refinery expansion'' 
     means a physical change in a refinery that results in an 
     increase in the capacity of the refinery.
       (11) Refinery permitting agreement.--The term ``refinery 
     permitting agreement'' means an agreement entered into 
     between the Administrator and a State or Indian tribe under 
     subsection (f).
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (13) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture (acting through the Chief 
     of the Forest Service), with respect to National Forest 
     System land; and
       (B) the Secretary of the Interior, with respect to land 
     managed by the Bureau of Land Management (including land held 
     for the benefit of an Indian tribe).
       (14) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.
       (d) Energy Resource Development and Transportation 
     Activities on Federal Land.--
       (1) In general.--An applicant for an energy project 
     Application for Permit to Drill on Federal land, including an 
     energy project right-of-way, shall submit to the Secretary 
     concerned a complete application.
       (2) Deadline for secretarial response.--Notwithstanding any 
     other procedural law, not later than 120 days from the date 
     on which the Secretary receives an application under 
     paragraph (1), the Secretary shall--
       (A) approve the application; or
       (B) provide the applicant with an explanation that 
     identifies deficiencies in the application that preclude 
     approval, including--
       (i) inconsistency with an applicable resource or forest 
     management plan;
       (ii) inconsistency with the substantive requirements of 
     applicable laws (including regulations) or the terms of 
     applicable leases or rights-of-way; or
       (iii) site-specific environmental impacts significant 
     enough to require an environmental impact statement or 
     similar analysis required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (3) Submission of modified application.--Not later than 60 
     days after the date of receipt of an application modified to 
     satisfactorily address deficiencies identified in paragraph 
     (2)(B), the Secretary shall approve or disapprove the 
     application without additional analysis.
       (4) Rebuttable presumption.--A reviewing court shall accord 
     a rebuttable presumption to the determination of the 
     Secretary concerned that an energy project, as mitigated, 
     does not have a significant environmental impact.
       (5) Judicial review.--Any challenge to a decision involving 
     an oil and gas lease shall be brought within the time 
     limitations described in section 42 of the Act of February 
     25, 1920 (30 U.S.C. 226-2), regardless of the grounds of the 
     challenge.
       (e) Reduction of Methane Emissions.--
       (1) Methane reduction projects.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall solicit 
     applications from eligible public entities, as determined by 
     the Administrator, for grants under the Natural Gas STAR 
     Program of the Environmental Protection Agency to pay the 
     Federal share of the cost of projects relating to the 
     reduction of methane emissions in the oil and gas industries.
       (B) Project inclusions.--To receive a grant under 
     subparagraph (A), the application of the eligible entity 
     shall include--
       (i) an identification of 1 or more technologies used to 
     achieve a reduction in the emission of methane; and
       (ii) an analysis of the cost-effectiveness of a technology 
     described in clause (i).
       (C) Limitation.--A grant to an eligible entity under this 
     paragraph shall not exceed $50,000.
       (D) Federal share.--The Federal share of the cost of a 
     project under this paragraph shall not exceed 50 percent.
       (E) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $1,000,000 for 
     the period of fiscal years 2006 through 2010.
       (2) Efficiency promotion workshops.--
       (A) In general.--The Administrator, in conjunction with the 
     Interstate Oil and Gas Compact Commission, shall conduct a 
     series of technical workshops to provide information to 
     officials in oil- and gas-producing States relating to 
     methane emission reduction techniques.
       (B) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $1,000,000 for 
     the period of fiscal years 2006 through 2010.
       (f) Streamlining of Refinery Permitting Process.--
       (1) In general.--At the request of the Governor of a State 
     or the governing body of an Indian tribe, the Administrator 
     shall enter into a refinery permitting agreement with the 
     State or Indian tribe under which the process for obtaining 
     all permits necessary for the construction and operation of a 
     refinery shall be streamlined using a systematic 
     interdisciplinary multimedia approach as provided in this 
     section.
       (2) Authority of administrator.--Under a refinery 
     permitting agreement--
       (A) the Administrator shall have authority, as applicable 
     and necessary, to--
       (i) accept from a refiner a consolidated application for 
     all permits that the refiner is required to obtain to 
     construct and operate a refinery;
       (ii) in consultation and cooperation with each Federal, 
     State, or Indian tribal government agency that is required to 
     make any determination to authorize the issuance of a permit, 
     establish a schedule under which each agency shall--

       (I) concurrently consider, to the maximum extent 
     practicable, each determination to be made; and
       (II) complete each step in the permitting process; and

       (iii) issue a consolidated permit that combines all permits 
     issued under the schedule established under clause (ii); and
       (B) the Administrator shall provide to State and Indian 
     tribal government agencies--
       (i) financial assistance in such amounts as the agencies 
     reasonably require to hire such additional personnel as are 
     necessary to enable the government agencies to comply with 
     the applicable schedule established under subparagraph 
     (A)(ii); and
       (ii) technical, legal, and other assistance in complying 
     with the refinery permitting agreement.
       (3) Agreement by the state.--Under a refinery permitting 
     agreement, a State or governing body of an Indian tribe shall 
     agree that--
       (A) the Administrator shall have each of the authorities 
     described in paragraph (2); and
       (B) each State or Indian tribal government agency shall--
       (i) in accordance with State law, make such structural and 
     operational changes in the agencies as are necessary to 
     enable the agencies to carry out consolidated project-wide 
     permit reviews concurrently and in coordination with the 
     Environmental Protection Agency and other Federal agencies; 
     and
       (ii) comply, to the maximum extent practicable, with the 
     applicable schedule established under paragraph (2)(A)(ii).
       (4) Interdisciplinary approach.--
       (A) In general.--The Administrator and a State or governing 
     body of an Indian tribe shall incorporate an 
     interdisciplinary approach, to the maximum extent 
     practicable, in the development, review, and approval of 
     permits subject to this subsection.
       (B) Options.--Among other options, the interdisciplinary 
     approach may include use of--
       (i) environmental management practices; and
       (ii) third party contractors.
       (5) Deadlines.--
       (A) New refineries.--In the case of a consolidated permit 
     for the construction of a new refinery, the Administrator and 
     the State or governing body of an Indian tribe shall approve 
     or disapprove the consolidated permit not later than--
       (i) 360 days after the date of the receipt of the 
     administratively complete application for the consolidated 
     permit; or
       (ii) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 90 days 
     after the expiration of the deadline established under clause 
     (i).
       (B) Expansion of existing refineries.--In the case of a 
     consolidated permit for the expansion of an existing 
     refinery, the Administrator and the State or governing body 
     of an Indian tribe shall approve or disapprove the 
     consolidated permit not later than--
       (i) 120 days after the date of the receipt of the 
     administratively complete application for the consolidated 
     permit; or
       (ii) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 30 days 
     after the expiration of the deadline established under clause 
     (i).

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       (6) Federal agencies.--Each Federal agency that is required 
     to make any determination to authorize the issuance of a 
     permit shall comply with the applicable schedule established 
     under paragraph (2)(A)(ii).
       (7) Judicial review.--Any civil action for review of any 
     permit determination under a refinery permitting agreement 
     shall be brought exclusively in the United States district 
     court for the district in which the refinery is located or 
     proposed to be located.
       (8) Efficient permit review.--In order to reduce the 
     duplication of procedures, the Administrator shall use State 
     permitting and monitoring procedures to satisfy substantially 
     equivalent Federal requirements under this title.
       (9) Severability.--If 1 or more permits that are required 
     for the construction or operation of a refinery are not 
     approved on or before any deadline established under 
     paragraph (5), the Administrator may issue a consolidated 
     permit that combines all other permits that the refiner is 
     required to obtain other than any permits that are not 
     approved.
       (10) Savings.--Nothing in this subsection affects the 
     operation or implementation of otherwise applicable law 
     regarding permits necessary for the construction and 
     operation of a refinery.
       (11) Consultation with local governments.--Congress 
     encourages the Administrator, States, and tribal governments 
     to consult, to the maximum extent practicable, with local 
     governments in carrying out this subsection.
       (12) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subsection.
       (13) Effect on local authority.--Nothing in this subsection 
     affects--
       (A) the authority of a local government with respect to the 
     issuance of permits; or
       (B) any requirement or ordinance of a local government 
     (such as a zoning regulation).
       (g) Fischer-Tropsch Fuels.--
       (1) In general.--In cooperation with the Secretary of 
     Energy, the Secretary of Defense, the Administrator of the 
     Federal Aviation Administration, Secretary of Health and 
     Human Services, and Fischer-Tropsch industry representatives, 
     the Administrator shall--
       (A) conduct a research and demonstration program to 
     evaluate the air quality benefits of ultra-clean Fischer-
     Tropsch transportation fuel, including diesel and jet fuel;
       (B) evaluate the use of ultra-clean Fischer-Tropsch 
     transportation fuel as a mechanism for reducing engine 
     exhaust emissions; and
       (C) submit recommendations to Congress on the most 
     effective use and associated benefits of these ultra-clean 
     fuel for reducing public exposure to exhaust emissions.
       (2) Guidance and technical support.--The Administrator 
     shall, to the extent necessary, issue any guidance or 
     technical support documents that would facilitate the 
     effective use and associated benefit of Fischer-Tropsch fuel 
     and blends.
       (3) Requirements.--The program described in paragraph (1) 
     shall consider--
       (A) the use of neat (100 percent) Fischer-Tropsch fuel and 
     blends with conventional crude oil-derived fuel for heavy-
     duty and light-duty diesel engines and the aviation sector; 
     and
       (B) the production costs associated with domestic 
     production of those ultra clean fuel and prices for 
     consumers.
       (4) Reports.--The Administrator shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives--
       (A) not later than October 1, 2006, an interim report on 
     actions taken to carry out this subsection; and
       (B) not later than December 1, 2007, a final report on 
     actions taken to carry out this subsection.
       (h) Repeal.--The Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users is amended by 
     striking section 1948 (Public Law 109-59; 119 Stat. 1514).

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