42 U.s.c. 15927

Page 3235
and new electricity transmission and distribution facilities to—
(1) improve reliability;
(2) relieve congestion; and
(3) enhance the capability of the national
grid to deliver electricity.
(e) Specifications of corridor
A corridor designated under this section shall,
at a minimum, specify the centerline, width,
and compatible uses of the corridor.
(Pub. L. 109–58, title III, § 368, Aug. 8, 2005, 119
Stat. 727.)
§ 15927. Oil shale, tar sands, and other strategic
unconventional fuels
(a) Short title
This section may be cited as the ‘‘Oil Shale,
Tar Sands, and Other Strategic Unconventional
Fuels Act of 2005’’.
(b) Declaration of policy
Congress declares that it is the policy of the
United States that—
(1) United States oil shale, tar sands, and
other unconventional fuels are strategically
important domestic resources that should be
developed to reduce the growing dependence of
the United States on politically and economically unstable sources of foreign oil imports;
(2) the development of oil shale, tar sands,
and other strategic unconventional fuels, for
research and commercial development, should
be conducted in an environmentally sound
manner, using practices that minimize impacts; and
(3) development of those strategic unconventional fuels should occur, with an emphasis on
sustainability, to benefit the United States
while taking into account affected States and
communities.
(c) Leasing program for research and development of oil shale and tar sands
In accordance with section 241 of title 30 and
any other applicable law, except as provided in
this section, not later than 180 days after August 8, 2005, from land otherwise available for
leasing, the Secretary of the Interior (referred
to in this section as the ‘‘Secretary’’) shall
make available for leasing such land as the Secretary considers to be necessary to conduct research and development activities with respect
to technologies for the recovery of liquid fuels
from oil shale and tar sands resources on public
lands. Prospective public lands within each of
the States of Colorado, Utah, and Wyoming
shall be made available for such research and development leasing.
(d) Programmatic environmental impact statement and commercial leasing program for oil
shale and tar sands
(1) Programmatic environmental impact statement
Not later than 18 months after August 8,
2005, in accordance with section 4332(2)(C) of
this title, the Secretary shall complete a programmatic environmental impact statement
for a commercial leasing program for oil shale
and tar sands resources on public lands, with

§ 15927
an emphasis on the most geologically prospective lands within each of the States of Colorado, Utah, and Wyoming.
(2) Final regulation
Not later than 6 months after the completion of the programmatic environmental impact statement under this subsection, the Secretary shall publish a final regulation establishing such program.
(e) Commencement of commercial leasing of oil
shale and tar sands
Not later than 180 days after publication of the
final regulation required by subsection (d), the
Secretary shall consult with the Governors of
States with significant oil shale and tar sands
resources on public lands, representatives of
local governments in such States, interested Indian tribes, and other interested persons, to determine the level of support and interest in the
States in the development of tar sands and oil
shale resources. If the Secretary finds sufficient
support and interest exists in a State, the Secretary may conduct a lease sale in that State
under the commercial leasing program regulations. Evidence of interest in a lease sale under
this subsection shall include, but not be limited
to, appropriate areas nominated for leasing by
potential lessees and other interested parties.
(f) Diligent development requirements
The Secretary shall, by regulation, designate
work requirements and milestones to ensure the
diligent development of the lease.
(g) Initial report by the Secretary of the Interior
Within 90 days after August 8, 2005, the Secretary of the Interior shall report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate on—
(1) the interim actions necessary to—
(A) develop the program, complete the programmatic environmental impact statement, and promulgate the final regulation
as required by subsection (d); and
(B) conduct the first lease sales under the
program as required by subsection (e); and
(2) a schedule to complete such actions within the time limits mandated by this section.
(h) Task Force
(1) Establishment
The Secretary of Energy, in cooperation
with the Secretary of the Interior and the Secretary of Defense, shall establish a task force
to develop a program to coordinate and accelerate the commercial development of strategic
unconventional fuels, including but not limited to oil shale and tar sands resources within
the United States, in an integrated manner.
(2) Composition
The Task Force shall be composed of—
(A) the Secretary of Energy (or the designee of the Secretary);
(B) the Secretary of the Interior (or the
designee of the Secretary of the Interior);
(C) the Secretary of Defense (or the designee of the Secretary of Defense);
(D) the Governors of affected States; and

§ 15927
(E) representatives of local governments in
affected areas.
(3) Recommendations
The Task Force shall make such recommendations regarding promoting the development of the strategic unconventional fuels resources within the United States as it may
deem appropriate.
(4) Partnerships
The Task Force shall make recommendations with respect to initiating a partnership
with the Province of Alberta, Canada, for purposes of sharing information relating to the
development and production of oil from tar
sands, and similar partnerships with other nations that contain significant oil shale resources.
(5) Reports
(A) Initial report
Not later than 180 days after August 8,
2005, the Task Force shall submit to the
President and Congress a report that describes the analysis and recommendations of
the Task Force.
(B) Subsequent reports
The Secretary shall provide an annual report describing the progress in developing
the strategic unconventional fuels resources
within the United States for each of the 5
years following submission of the report provided for in subparagraph (A).
(i) Office of Petroleum Reserves
(1) In general
The Office of Petroleum Reserves of the Department of Energy shall—
(A) coordinate the creation and implementation of a commercial strategic fuel development program for the United States;
(B) evaluate the strategic importance of
unconventional sources of strategic fuels to
the security of the United States;
(C) promote and coordinate Federal Government actions that facilitate the development of strategic fuels in order to effectively address the energy supply needs of the
United States;
(D) identify, assess, and recommend appropriate actions of the Federal Government required to assist in the development and
manufacturing of strategic fuels; and
(E) coordinate and facilitate appropriate
relationships between private industry and
the Federal Government to promote sufficient and timely private investment to commercialize strategic fuels for domestic and
military use.
(2) Consultation and coordination
The Office of Petroleum Reserves shall work
closely with the Task Force and coordinate its
staff support.
(3) Annual reports
Not later than 180 days after August 8, 2005,
and annually thereafter, the Secretary shall
submit to Congress a report that describes the
activities of the Office of Petroleum Reserves
carried out under this subsection.

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(j) Omitted
(k) Interagency coordination and expeditious review of permitting process
(1) Department of the Interior as lead agency
Upon written request of a prospective applicant for Federal authorization to develop a
proposed oil shale or tar sands project, the Department of the Interior shall act as the lead
Federal agency for the purposes of coordinating all applicable Federal authorizations
and environmental reviews. 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 conducting any separate permitting and environmental reviews.
(2) Implementing regulations
Not later than 6 months after August 8, 2005,
the Secretary shall issue any regulations necessary to implement this subsection.
(l) Cost-shared demonstration technologies
(1) Identification
The Secretary of Energy shall identify technologies for the development of oil shale and
tar sands that—
(A) are ready for demonstration at a commercially-representative scale; and
(B) have a high probability of leading to
commercial production.
(2) Assistance
For each technology identified under paragraph (1), the Secretary of Energy may provide—
(A) technical assistance;
(B) assistance in meeting environmental
and regulatory requirements; and
(C) cost-sharing assistance.
(m) National oil shale and tar sands assessment
(1) Assessment
(A) In general
The Secretary shall carry out a national
assessment of oil shale and tar sands resources for the purposes of evaluating and
mapping oil shale and tar sands deposits, in
the geographic areas described in subparagraph (B). In conducting such an assessment,
the Secretary shall make use of the extensive geological assessment work for oil shale
and tar sands already conducted by the
United States Geological Survey.
(B) Geographic areas
The geographic areas referred to in subparagraph (A), listed in the order in which
the Secretary shall assign priority, are—
(i) the Green River Region of the States
of Colorado, Utah, and Wyoming;
(ii) the Devonian oil shales and other hydrocarbon-bearing rocks having the nomenclature of ‘‘shale’’ located east of the
Mississippi River; and
(iii) any remaining area in the central
and western United States (including the
State of Alaska) that contains oil shale
and tar sands, as determined by the Secretary.

§ 15928

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(2) Use of State surveys and universities
In carrying out the assessment under paragraph (1), the Secretary may request assistance from any State-administered geological
survey or university.
(n) Land exchanges
(1) In general
To facilitate the recovery of oil shale and
tar sands, especially in areas where Federal,
State, and private lands are intermingled, the
Secretary shall consider the use of land exchanges where appropriate and feasible to consolidate land ownership and mineral interests
into manageable areas.
(2) Identification and priority of public lands
The Secretary shall identify public lands
containing deposits of oil shale or tar sands
within the Green River, Piceance Creek,
Uintah, and Washakie geologic basins, and
shall give priority to implementing land exchanges within those basins. The Secretary
shall consider the geology of the respective
basin in determining the optimum size of the
lands to be consolidated.
(3) Compliance with section 1716 of title 43
A land exchange undertaken in furtherance
of this subsection shall be implemented in accordance with section 1716 of title 43.
(o) Royalty rates for leases
The Secretary shall establish royalties, fees,
rentals, bonus, or other payments for leases
under this section that shall—
(1) encourage development of the oil shale
and tar sands resource; and
(2) ensure a fair return to the United States.
(p) Heavy oil technical and economic assessment
The Secretary of Energy shall update the 1987
technical and economic assessment of domestic
heavy oil resources that was prepared by the
Interstate Oil and Gas Compact Commission.
Such an update should include all of North
America and cover all unconventional oil, including heavy oil, tar sands (oil sands), and oil
shale.
(q) Omitted
(r) State water rights
Nothing in this section preempts or affects
any State water law or interstate compact relating to water.
(s) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(Pub. L. 109–58, title III, § 369, Aug. 8, 2005, 119
Stat. 728.)
CODIFICATION
Section is comprised of section 369 of Pub. L. 109–58.
Subsecs. (j) and (q) of section 369 of Pub. L. 109–58 enacted section 2398a of Title 10, Armed Forces, and
amended the table of sections for chapter 141 of Title 10
and sections 226 and 241 of Title 30, Mineral Lands and
Mining.

§ 15928. Consultation regarding energy rights-ofway on public land
(a) Memorandum of understanding
(1) In general
Not later than 6 months after August 8, 2005,
the Secretary of Energy, in consultation with
the Secretary of the Interior, the Secretary of
Agriculture, and the Secretary of Defense with
respect to lands under their respective jurisdictions, shall enter into a memorandum of
understanding to coordinate all applicable
Federal authorizations and environmental reviews relating to a proposed or existing utility
facility. To the maximum extent practicable
under applicable law, the Secretary of Energy
shall, to ensure timely review and permit decisions, coordinate such authorizations and reviews with any Indian tribes, multi-State entities, and State agencies that are responsible
for conducting any separate permitting and
environmental reviews of the affected utility
facility.
(2) Contents
The memorandum of understanding shall include provisions that—
(A) establish—
(i) a unified right-of-way application
form; and
(ii) an administrative procedure for processing right-of-way applications, including
lines of authority, steps in application
processing, and timeframes for application
processing;
(B) provide for coordination of planning relating to the granting of the rights-of-way;
(C) provide for an agreement among the affected Federal agencies to prepare a single
environmental review document to be used
as the basis for all Federal authorization decisions; and
(D) provide for coordination of use of
right-of-way stipulations to achieve consistency.
(b) Natural gas pipelines
(1) In general
With respect to permitting activities for
interstate natural gas pipelines, the May 2002
document entitled ‘‘Interagency Agreement
On Early Coordination Of Required Environmental And Historic Preservation Reviews
Conducted In Conjunction With The Issuance
Of Authorizations To Construct And Operate
Interstate Natural Gas Pipelines Certificated
By The Federal Energy Regulatory Commission’’ shall constitute compliance with subsection (a).
(2) Report
(A) In general
Not later than 1 year after August 8, 2005,
and every 2 years thereafter, agencies that
are signatories to the document referred to
in paragraph (1) shall transmit to Congress a
report on how the agencies under the jurisdiction of the Secretaries are incorporating
and implementing the provisions of the document referred to in paragraph (1).
(B) Contents
The report shall address—