| Refinery Construction - Start with the Military |
H.R. 2279 - Sponsored by Rep. Joseph A. Pitts (PA) - Orders the building of refineries on government land
(open or closed military installations) for the purposes of refining fuel for the military. This will allow for
expedited construction and hassle-free processes.
If these refineries are built, it will free up great amounts of product from the other refineries for civilian use.
(open or closed military installations) for the purposes of refining fuel for the military. This will allow for
expedited construction and hassle-free processes.
If these refineries are built, it will free up great amounts of product from the other refineries for civilian use.
HR 2279 IH
110th CONGRESS
1st Session
H. R. 2279
To expedite the construction of new refining capacity on closed military
installations in the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 10, 2007
Mr. PITTS (for himself, Mr. WESTMORELAND, Mr. BUYER, Mrs. DRAKE, Mr.
GOODLATTE, Mr. ENGLISH of Pennsylvania, Mr. CONAWAY, Ms. GINNY
BROWN-WAITE of Florida, Mr. POE, and Mr. SOUDER) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in addition to
the Committee on Armed Services, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
--------------------------------------------------------------------------------
A BILL
To expedite the construction of new refining capacity on closed military
installations in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. DEFINITIONS.
For purposes of this Act--
(1) the term `base closure law' means the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note) and title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);
(2) the term `closed military installation' means a military installation closed or
approved for closure pursuant to a base closure law;
(3) the term `designated refinery' means a refinery designated under section 2(a);
(4) the term `Federal refinery authorization'--
(A) means any authorization required under Federal law, whether administered by
a Federal or State administrative agency or official, with respect to siting,
construction, expansion, or operation of a refinery; and
(B) includes any permits, special use authorizations, certifications, opinions, or
other approvals required under Federal law with respect to siting, construction,
expansion, or operation of a refinery;
(5) the term `refinery' means--
(A) a facility designed and operated to receive, load, unload, store, transport,
process, and refine 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 combination thereof, in order to produce gasoline or other fuel; or
(B) a facility designed and operated to receive, load, unload, store, transport,
process, and refine coal by any chemical or physical process, including liquefaction,
in order to produce gasoline, diesel, or other liquid fuel as its primary output;
(6) the term `Secretary' means the Secretary of Energy; and
(7) the term `State' means a State, the District of Columbia, the Commonwealth
of Puerto Rico, and any other territory or possession of the United States.
SEC. 2. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION.
(a) Designation Requirement- Not later than 90 days after the date of enactment
of this Act, the President shall designate no less than 3 closed military
installations, or portions thereof, subject to subsection (c)(2), that are
appropriate for the purposes of siting a refinery.
(b) Analysis of Refinery Sites- In considering any site for possible designation
under subsection (a), the President shall conduct an analysis of--
(1) the availability of crude oil supplies to the site, including supplies from
domestic production of shale oil and tar sands and other strategic unconventional
fuels;
(2) the distribution of the Nation's refined petroleum product demand;
(3) whether such site is in close proximity to substantial pipeline infrastructure,
including both crude oil and refined petroleum product pipelines, and potential
infrastructure feasibility;
(4) the need to diversify the geographical location of the domestic refining
capacity;
(5) the effect that increased refined petroleum products from a refinery on that
site may have on the price and supply of gasoline to consumers;
(6) the impact of locating a refinery on the site on the readiness and operations of
the Armed Forces; and
(7) such other factors as the President considers appropriate.
(c) Sale or Disposal-
(1) DESIGNATION- Except as provided in paragraph (2), until the expiration of 2
years after the date of enactment of this Act, the Federal Government shall not
sell or otherwise dispose of the military installations designated pursuant to
subsection (a).
(2) Governor's OBJECTION- No site may be used for a refinery under this Act if, not
later than 60 days after designation of the site under subsection (a), the
Governor of the State in which the site is located transmits to the President an
objection to the designation, unless, not later than 60 days after the President
receives such objection, the Congress has by law overridden the objection.
(d) Redevelopment Authority- With respect to a closed military installation, or
portion thereof, designated by the President as a potentially suitable refinery site
pursuant to subsection (a)--
(1) the redevelopment authority for the installation, in preparing or revising the
redevelopment plan for the installation, shall consider the feasibility and
practicability of siting a refinery on the installation; and
(2) the Secretary of Defense, in managing and disposing of real property at the
installation pursuant to the base closure law applicable to the installation, shall
give substantial deference to the recommendations of the redevelopment
authority, as contained in the redevelopment plan for the installation, regarding
the siting of a refinery on the installation.
SEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE.
(a) Designation as Lead Agency-
(1) IN GENERAL- The Department of Energy shall act as the lead agency for the
purposes of coordinating all applicable Federal refinery authorizations and related
environmental reviews with respect to a designated refinery.
(2) OTHER AGENCIES- Each Federal and State agency or official required to
provide a Federal refinery authorization shall cooperate with the Secretary and
comply with the deadlines established by the Secretary.
(b) Schedule-
(1) Secretary's AUTHORITY TO SET SCHEDULE- The Secretary shall establish a
schedule for all Federal refinery authorizations with respect to a designated
refinery. In establishing the schedule, the Secretary shall--
(A) ensure expeditious completion of all such proceedings; and
(B) accommodate the applicable schedules established by Federal law for such
proceedings.
(2) FAILURE TO MEET SCHEDULE- If a Federal or State administrative agency or
official does not complete a proceeding for an approval that is required for a
Federal refinery authorization in accordance with the schedule established by the
Secretary under this subsection, the applicant may pursue remedies under
subsection (d).
(c) Consolidated Record- The Secretary 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 Secretary or by a Federal
administrative agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to any Federal refinery
authorization. Such record shall be the record for judicial review under subsection
(d) of decisions made or actions taken by Federal and State administrative
agencies and officials, except that, if the Court determines that the record does
not contain sufficient information, the Court may remand the proceeding to the
Secretary for further development of the consolidated record.
(d) Judicial Review-
(1) IN GENERAL- The United States Court of Appeals for the District of Columbia
shall have original and exclusive jurisdiction over any civil action for the review of--
(A) an order or action, related to a Federal refinery authorization, by a Federal or
State administrative agency or official; and
(B) an alleged failure to act by a Federal or State administrative agency or official
acting pursuant to a Federal refinery authorization.
The failure of an agency or official to act on a Federal refinery authorization in
accordance with the Secretary's schedule established pursuant to subsection (b)
shall be considered inconsistent with Federal law for the purposes of paragraph
(2) of this subsection.
(2) COURT ACTION- If the Court finds that an order or action described in
paragraph (1)(A) is inconsistent with the Federal law governing such Federal
refinery authorization, or that a failure to act as described in paragraph (1)(B) has
occurred, and the order, action, or failure to act would prevent the siting,
construction, expansion, or operation of the designated refinery, the Court shall
remand the proceeding to the agency or official to take appropriate action
consistent with the order of the Court. If the Court remands the order, action, or
failure to act to the Federal or State administrative agency or official, the Court
shall set a reasonable schedule and deadline for the agency or official to act on
remand.
(3) Secretary's ACTION- For any civil action brought under this subsection, the
Secretary shall promptly file with the Court the consolidated record compiled by
the Secretary pursuant to subsection (c).
(4) EXPEDITED REVIEW- The Court shall set any civil action brought under this
subsection for expedited consideration.
(5) Attorney's FEES- In any action challenging a Federal refinery authorization that
has been granted, reasonable attorney's fees and other expenses of litigation
shall be awarded to the prevailing party. This paragraph shall not apply to any
action seeking remedies for denial of a Federal refinery authorization or failure to
act on an application for a Federal refinery authorization.
END
110th CONGRESS
1st Session
H. R. 2279
To expedite the construction of new refining capacity on closed military
installations in the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 10, 2007
Mr. PITTS (for himself, Mr. WESTMORELAND, Mr. BUYER, Mrs. DRAKE, Mr.
GOODLATTE, Mr. ENGLISH of Pennsylvania, Mr. CONAWAY, Ms. GINNY
BROWN-WAITE of Florida, Mr. POE, and Mr. SOUDER) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in addition to
the Committee on Armed Services, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
--------------------------------------------------------------------------------
A BILL
To expedite the construction of new refining capacity on closed military
installations in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. DEFINITIONS.
For purposes of this Act--
(1) the term `base closure law' means the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note) and title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note);
(2) the term `closed military installation' means a military installation closed or
approved for closure pursuant to a base closure law;
(3) the term `designated refinery' means a refinery designated under section 2(a);
(4) the term `Federal refinery authorization'--
(A) means any authorization required under Federal law, whether administered by
a Federal or State administrative agency or official, with respect to siting,
construction, expansion, or operation of a refinery; and
(B) includes any permits, special use authorizations, certifications, opinions, or
other approvals required under Federal law with respect to siting, construction,
expansion, or operation of a refinery;
(5) the term `refinery' means--
(A) a facility designed and operated to receive, load, unload, store, transport,
process, and refine 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 combination thereof, in order to produce gasoline or other fuel; or
(B) a facility designed and operated to receive, load, unload, store, transport,
process, and refine coal by any chemical or physical process, including liquefaction,
in order to produce gasoline, diesel, or other liquid fuel as its primary output;
(6) the term `Secretary' means the Secretary of Energy; and
(7) the term `State' means a State, the District of Columbia, the Commonwealth
of Puerto Rico, and any other territory or possession of the United States.
SEC. 2. STATE PARTICIPATION AND PRESIDENTIAL DESIGNATION.
(a) Designation Requirement- Not later than 90 days after the date of enactment
of this Act, the President shall designate no less than 3 closed military
installations, or portions thereof, subject to subsection (c)(2), that are
appropriate for the purposes of siting a refinery.
(b) Analysis of Refinery Sites- In considering any site for possible designation
under subsection (a), the President shall conduct an analysis of--
(1) the availability of crude oil supplies to the site, including supplies from
domestic production of shale oil and tar sands and other strategic unconventional
fuels;
(2) the distribution of the Nation's refined petroleum product demand;
(3) whether such site is in close proximity to substantial pipeline infrastructure,
including both crude oil and refined petroleum product pipelines, and potential
infrastructure feasibility;
(4) the need to diversify the geographical location of the domestic refining
capacity;
(5) the effect that increased refined petroleum products from a refinery on that
site may have on the price and supply of gasoline to consumers;
(6) the impact of locating a refinery on the site on the readiness and operations of
the Armed Forces; and
(7) such other factors as the President considers appropriate.
(c) Sale or Disposal-
(1) DESIGNATION- Except as provided in paragraph (2), until the expiration of 2
years after the date of enactment of this Act, the Federal Government shall not
sell or otherwise dispose of the military installations designated pursuant to
subsection (a).
(2) Governor's OBJECTION- No site may be used for a refinery under this Act if, not
later than 60 days after designation of the site under subsection (a), the
Governor of the State in which the site is located transmits to the President an
objection to the designation, unless, not later than 60 days after the President
receives such objection, the Congress has by law overridden the objection.
(d) Redevelopment Authority- With respect to a closed military installation, or
portion thereof, designated by the President as a potentially suitable refinery site
pursuant to subsection (a)--
(1) the redevelopment authority for the installation, in preparing or revising the
redevelopment plan for the installation, shall consider the feasibility and
practicability of siting a refinery on the installation; and
(2) the Secretary of Defense, in managing and disposing of real property at the
installation pursuant to the base closure law applicable to the installation, shall
give substantial deference to the recommendations of the redevelopment
authority, as contained in the redevelopment plan for the installation, regarding
the siting of a refinery on the installation.
SEC. 3. PROCESS COORDINATION AND RULES OF PROCEDURE.
(a) Designation as Lead Agency-
(1) IN GENERAL- The Department of Energy shall act as the lead agency for the
purposes of coordinating all applicable Federal refinery authorizations and related
environmental reviews with respect to a designated refinery.
(2) OTHER AGENCIES- Each Federal and State agency or official required to
provide a Federal refinery authorization shall cooperate with the Secretary and
comply with the deadlines established by the Secretary.
(b) Schedule-
(1) Secretary's AUTHORITY TO SET SCHEDULE- The Secretary shall establish a
schedule for all Federal refinery authorizations with respect to a designated
refinery. In establishing the schedule, the Secretary shall--
(A) ensure expeditious completion of all such proceedings; and
(B) accommodate the applicable schedules established by Federal law for such
proceedings.
(2) FAILURE TO MEET SCHEDULE- If a Federal or State administrative agency or
official does not complete a proceeding for an approval that is required for a
Federal refinery authorization in accordance with the schedule established by the
Secretary under this subsection, the applicant may pursue remedies under
subsection (d).
(c) Consolidated Record- The Secretary 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 Secretary or by a Federal
administrative agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to any Federal refinery
authorization. Such record shall be the record for judicial review under subsection
(d) of decisions made or actions taken by Federal and State administrative
agencies and officials, except that, if the Court determines that the record does
not contain sufficient information, the Court may remand the proceeding to the
Secretary for further development of the consolidated record.
(d) Judicial Review-
(1) IN GENERAL- The United States Court of Appeals for the District of Columbia
shall have original and exclusive jurisdiction over any civil action for the review of--
(A) an order or action, related to a Federal refinery authorization, by a Federal or
State administrative agency or official; and
(B) an alleged failure to act by a Federal or State administrative agency or official
acting pursuant to a Federal refinery authorization.
The failure of an agency or official to act on a Federal refinery authorization in
accordance with the Secretary's schedule established pursuant to subsection (b)
shall be considered inconsistent with Federal law for the purposes of paragraph
(2) of this subsection.
(2) COURT ACTION- If the Court finds that an order or action described in
paragraph (1)(A) is inconsistent with the Federal law governing such Federal
refinery authorization, or that a failure to act as described in paragraph (1)(B) has
occurred, and the order, action, or failure to act would prevent the siting,
construction, expansion, or operation of the designated refinery, the Court shall
remand the proceeding to the agency or official to take appropriate action
consistent with the order of the Court. If the Court remands the order, action, or
failure to act to the Federal or State administrative agency or official, the Court
shall set a reasonable schedule and deadline for the agency or official to act on
remand.
(3) Secretary's ACTION- For any civil action brought under this subsection, the
Secretary shall promptly file with the Court the consolidated record compiled by
the Secretary pursuant to subsection (c).
(4) EXPEDITED REVIEW- The Court shall set any civil action brought under this
subsection for expedited consideration.
(5) Attorney's FEES- In any action challenging a Federal refinery authorization that
has been granted, reasonable attorney's fees and other expenses of litigation
shall be awarded to the prevailing party. This paragraph shall not apply to any
action seeking remedies for denial of a Federal refinery authorization or failure to
act on an application for a Federal refinery authorization.
END
| The initial requirement is for three sites to be named. |
The Governors of each involved State have some input in the process. Congress may override the objection, or may play politics with the issue. |
If any agency drags its feet, there is a process for quick action. The court process is defined and limited. Instead of working up through the system, the immediate jurisdiction is directed to the D.C. Court of Appeals. |
| Loser pays the costs of any lawsuit. |
| There are 29 Cosponsors for this bill. It sits in the House Subcommittee on Readyness If you believe this bill should receive a vote, contact your Representative. |