[Congressional Record (Bound Edition), Volume 152 (2006), Part 2] [Senate] [Pages 2327-2329] [From the U.S. 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; [[Page 2328]] (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. (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 [[Page 2329]] 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). (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). ____________________