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Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Notices 67935

route. Data are submitted electronically Background identifies goals beyond the scope of the via the or on hard copy. These On April 25, 2003, the president implementation plan that are being data will be used to estimate population signed the U.S. Commercial Remote addressed by other interagency groups. trends at various geographic scales and Sensing . The fundamental Proposed Agenda assist with documenting species goal of this policy is to advance and The meeting will begin with . NAAMP Web site is: http:/ protect U.S. national and presentations to provide an update on /www.pwrc.usgs.gov/naamp/. foreign policy interests by maintaining the CRSSP civil near-term requirements- Estimated Annual Number of the nation’s leadership in remote collection process and planned Respondents: 400. sensing space activities, and by reporting capabilities, followed by Estimated Annual Burden Hours: sustaining and enhancing the U.S. discussions of how to provide 3600 hours. remote sensing . Doing so will meaningful requirements information also foster economic growth, contribute Affected Public: Primarily U.S. for industry planning and business to environmental stewardship, and residents. decisions. Representatives from the enable scientific and technological For Further Information Contact: To CRSSP IWG will present the goals, excellence. In support of this goal, the obtain copies of the survey, contact the accomplishments, plans and potential Bureau clearance officer, U.S. United States Government is directed to: • enhancements to the process. Geological Survey, 807 National Center, Rely to the maximum practical 12201 Sunrise Valley Drive, Reston, extent on U.S. commercial remote Meeting Access Virginia 20192, telephone (703) 648– sensing space capabilities for filling Directions to the USGS National 7313. imagery and geospatial needs for Center can be accessed at http:// military, intelligence, foreign policy, Dated: November 15, 2004. www.usgs.gov/major_sites.html. After and homeland security, and civil users; arriving at USGS follow signs to Visitors Susan Haseltine, • Focus United States Government Associate Director for Biology. Parking and proceed to the Visitors remote sensing space systems on Entrance. You will be required to show [FR Doc. 04–25746 Filed 11–19–04; 8:45 am] meeting needs that can not be valid picture identification as you enter. BILLING CODE 4310–47–M effectively, affordably, and reliably A guard will point you to the Visitors satisfied by commercial providers Center. because of economic factors, civil DEPARTMENT OF INTERIOR mission needs, national security Robert A. Lidwin, concerns, or foreign policy concerns; Chief of Staff, USGS Geography Discipline. Geological Survey • Develop a long-term, sustainable [FR Doc. 04–25745 Filed 11–19–04; 8:45 am] Civil Implementation Working Group— relationship between the United States BILLING CODE 4310–Y7–M U.S. Commercial Remote Sensing Government and the U.S. commercial Space Policy (CRSSP) remote sensing space industry; • Provide a timely and responsive DEPARTMENT OF THE INTERIOR AGENCY: U.S. Geological Survey. regulatory environment for licensing the operations and exports of commercial Bureau of Land ACTION: Notice of open meeting. remote sensing space systems; and • Enable U.S. industry to compete Potential for Oil Shale Development SUMMARY: Open meeting of the CRSSP successfully as a provider of remote Implementation Working Group (IWG) AGENCY: Bureau of Land Management sensing space capabilities for foreign to present and discuss progress and (BLM), Interior. governments and foreign commercial plans for assessing near-term civil ACTION: Notice of request for comments. users, while ensuring appropriate requirements for remote sensing data. measures are implemented to protect SUMMARY: The BLM seeks public input DATE/TIME OF MEETING: December 14, national security and foreign policy. on the terms to be included in of 2004, 9–12 a.m. The specific directives to civil small tracts for oil shale research and PLACE: Visitors Center, USGS agencies included: development within the Piceance Creek Headquarters, 12201 Sunrise Valley • Determine which needs for imagery Basin, northwestern Colorado; the Uinta Drive, Reston, VA 20192. and geospatial products and services Basin, southeastern Utah: and the Green can be reliably met by commercial FOR FURTHER INFORMATION CONTACT: River and Washakie Basins, western remote sensing space capabilities; Wyoming. Inquiries and notice of intent to attend • Communicate current and projected the meeting may be addressed to: Greg needs to the commercial remote sensing DATES: Please send your comments no Snyder, CRSSP IWG Chair, USGS space industry. later than December 22, 2004. National Center Center MS 517, Reston The policy also directs civil agencies ADDRESSES: Please hand-deliver written VA 22091, [email protected] or 703– to craft a plan for policy comments: To Nick Douglas, Suite 700, 648–5169. implementation. The plan, agreed to in 1620 L Street, NW., Washington, DC. SUPPLEMENTARY INFORMATION: December 2003, calls for shared This is also the FedEx address. responsibilities among civil agencies, written comments to BLM (Attention: Purpose of Public Meeting close coordination with the National Nick Douglas), , Realty and This public meeting provides a forum Geospatial-Intelligence Agency, and the Resource Protection, Mail Stop: LS 700, for the remote sensing industry and formation of two groups; a senior 1849 C Street, NW., Washington, DC other interested participants to be steering committee (SSC) for policy 20240. Electronic Mail: You may send briefed on the progress and plans of the guidance and an interagency policy comments through the Internet to BLM CRSSP near-term requirements implementation working group (IWG) at: [email protected]. collection and evaluation process and to for operational support. The USGS FOR FURTHER INFORMATION CONTACT: Nick discuss ways to improve its administers these two groups and serves Douglas, Senior Policy Advisor, effectiveness. as the lead civil agency. The policy also Minerals, Realty and Resource

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Protection, Bureau of Land and what documentation should be oil shale contained within the Leased Lands. Management, Mail Stop: LS 700,1849 C required; In accordance with approved plans, the Street, NW., Washington, DC 20240 at (5) The level of National Lessee may utilize or dispose of all oil shale (202) 452–0374. Environmental Policy Act (NEPA) and oil shale products, together with the documentation that would be right to construct on the Leased Lands all SUPPLEMENTARY INFORMATION: The such works, , plants, structures, appropriate for R&D leasing; and United States holds over 50 percent of , powerlines, and additional facilities as (6) The appropriate methodology for the world’s oil shale resources, which may be necessary or reasonably convenient determining fair market value for contain 2.6 trillion barrels of oil. These for the , extraction, processing, and conversion to a commercial . resources include the oil shale deposits preparation of oil shale and oil shale products for market. The Lessee has the right Oil Shale (R&D) in the Green River formation in the to use so much of the surface of the Leased Lease western United States. The Green River Lands as may reasonably be required in the formation contains an estimated 1.5 This lease is entered into on , , to be exercise of the rights and privileges herein trillion barrels of oil, 72 percent of effective on , , (the ‘‘Effective Date’’), granted. which is on public lands administered by the United States of America (the Section 3. Lessor’s Reserved Interests in the by the BLM. In Colorado alone, the total ‘‘Lessor’’), acting through the Bureau of Land Management (hereinafter called the Leased Lands resource approaches one trillion barrels ‘‘Bureau’’), of the Department of the Interior The Lessor Reserves of oil, and the Federal Government (the ‘‘Department’’), and lllll (the (a) The right to continue existing uses of owns approximately 78 percent of the ‘‘Lessee’’), pursuant and subject to the the leased lands and the right to lease, sell, surface acreage and 82 percent of the provisions of the Leasing Act of or otherwise dispose of the surface or other shale oil in-place. The oil shale deposits February 25, 1920 as amended (30 U.S.C. mineral deposits in the lands for uses that do §§ 181–287), hereinafter called the ‘‘Act’’, in the eastern United States are not unreasonably interfere with operations of more specifically section 21 of the Act (30 estimated to contain 189 billion barrels the Lessee under this lease. of oil, but the Federal share U.S.C. § 241), and to the terms, conditions, and requirements (1) of all regulations (b) The right to permit for joint or several is not known at this time. promulgated by the Secretary of the Interior use, such easements or rights-of-way, Section 21 of the Mineral Leasing Act, (the ‘‘Secretary’’) in 43 CFR Part 3160, including easements in upon, 30 U.S.C. 241, authorizes the leasing of including Onshore Oil and Gas Orders, and through, or in the Leased Lands, as may be federal lands for the development of oil 43 CFR Part 3590, including revisions thereof necessary or appropriate to the working of shale. The BLM does not have any hereafter promulgated by the Secretary (and the Leased Lands or other lands containing regulation for oil shale leasing. not inconsistent with any specific provisions mineral deposits subject to the Act, and the treatment and shipment of the products Therefore, all the essential leasing of this lease), all of which shall be, upon their effective date, incorporated in and, by thereof by or under authority of the Lessor, requirements must be included in the its lessees, or permittees, and for other public lease itself. The purpose of this notice reference, made a part of this lease. To the extent the provisions of this lease are purposes. Lessor shall condition such uses to is to solicit public comment on the inconsistent with the requirements of any prevent unnecessary or unreasonable specific provisions which BLM should regulation or order, the lease term govern. interference with rights of the Lessee. include in a 40-acre lease for oil shale Section 4. Lease Term research and development (R&D). The Section 1. Definitions intent of the leases is to further the As used in this lease: The lease is issued for a term not to exceed (a) ‘‘Authorized Officer’’ means any xxx years, (please comment on the duration development of for the of R&D lease) subject to conversion to a economic production of shale oil. The employee of the Bureau of Land Management delegated the authority to perform the duty twenty-year lease under the conditions BLM seeks this information to facilitate described in the section in which the term is specified in section 23. oil shale development in furtherance of used. the President’s National Energy Policy. Section 5. Rentals: Non-Commercial (b) ‘‘Oil shale’’ means a fine-grained Production The policy outlined several sedimentary rock containing: (1) Organic recommendations to diversify and matter which was derived chiefly from The Lessee shall pay the Lessor an annual increase energy supplies, increase aquatic organisms or waxy spores or pollen rental in advance for each acre or fraction grains, which is only slightly soluble in thereof during the continuance of the lease of energy security, encourage conservation, $xxx. (Please comment on annual rental.) and ensure energy distribution. ordinary petroleum solvents, and of which a large proportion is distillable into synthetic Rental is payable annually on or before the Diversification of energy supply could petroleum, and (2) inorganic matter which anniversary date of the lease. Rentals for any be enhanced with access to and may contain other minerals. This term is lease year shall be credited by the Lessor development of the vast oil shale applicable to any argillaceous, carbonate, or against any royalty payments for that lease resources. siliceous sedimentary rock which, through year. The BLM seeks comments on the destructive distillation, will yield synthetic The failure to pay rental by the anniversary attached proposed lease form for oil petroleum. date shall be grounds for termination of the shale R&D. The BLM requests comments (c) ‘‘Leased Lands’’ means the lands lease. Should you fail to pay the full amount described as follows: on the anniversary, BLM will notify you of on: this failure and provide you with a grace (1) What terms (duration, royalty, (d) ‘‘Commercial Quantities’’ means quantities sufficient to provide a positive period of 15 days from notice to make rental, acreage, diligence, option for return after all costs of production have been payment in full. Should no payments be additional acreage) should BLM include met, including the amortized costs of capital received during the grace period, the lease in the R&D lease to provide short-term investment. shall terminate without the need for further incentives, and also encourage long- (e) ‘‘Shale oil’’ means a synthetic administrative proceedings. petroleum derived from the destructive term commercial development; Section 6. Royalties (2) The adequacy of a 40-acre lease for distillation of oil shale. a successful demonstration of oil shale (a) For the initial 5 years of the lease, the Section 2. Grant to Lessee Lessor waives the requirement for royalty on ; The Lessee is hereby granted, subject to the any production. For the 6th through 10th (3) The methodology for conversion of terms of this lease, the exclusive right and year of the lease, the Lessee shall pay to the an R&D lease to a commercial lease; privilege to prospect for, drill, mine, extract, Lessor a royalty of $xxx (please comment on (4) The criteria to qualify a company remove, beneficiate, concentrate, process and royalty amount or percentage) per barrel of or individual to acquire an R&D lease dispose of the oil shale and the products of shale oil which is sold or removed from the

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Leased Lands, except that used for control, threatened and endangered species, statements and other documents required by production purposes or unavoidably lost. historic preservation, and land reclamation, the provisions of 43 CFR Part 3160 or 3590 (b) Lessee shall file with the proper office and orders of the authorized officer (written as appropriate. of Lessor, no later than 30 days after the or if oral, reduced to writing within ten effective date thereof, any contract or days.) Section 14. Assignment evidence of other arrangement for sale or (b) The Lessee shall avoid, or, where The Lessee may assign any interest in this disposal of production. At such times and in avoidance is impracticable, minimize, and lease with the approval of the authorized such form as Lessor may prescribe, Lessee where practicable correct, hazards to the officer, subject to the assignor retaining shall furnish detailed statements showing the public health and safety related to his liability for all obligations that accrued prior amounts and quality of all products removed operations on the Leased Lands conducted in to the assignment and the provision of bond and sold from the lease, the proceeds accordance with the approved operations by the assignee for all liabilities arising after therefrom, and the amount used for plan. the assignment. The assignor shall maintain production purposes or unavoidably lost. (c) Lessee shall carry on all operations in bond for liabilities arising in the period prior (c) Payment for royalties due under this accordance with approved methods and to the assignment unless the assignee lease shall be payable monthly on or before practices as provided in the applicable provides bond for the entire period of the the last day of the calendar month following operating regulations and approved lease. the calendar month in which the shale oil is operations plan. Activities will be conducted Section 15. Heirs and Successors in Interest processed or, if it is not processed, is sold. in a manner that minimizes adverse impacts (d) Payments and royalties under this lease to the land, air, water, cultural, biological, Each obligation of this lease shall extend shall be subject to the regulations in 30 CFR visual, and other resources, including to and be binding upon, and every benefit Part 218, Subpart E. mineral deposits not leased herein, and other shall inure to, the heirs, executors, land uses and users. administrators, successors, or assigns of the Section 7. Bonds (d) The Lessee shall comply with all respective parties hereto. (a) Prior to conducting operations on this applicable state and Federal laws. Section 16. Relinquishment of lease lease, the Lessee shall provide a bond in the amount determined by the authorized officer, Section 10. Water Rights The Lessee may relinquish in writing at conditioned upon compliance with all terms All water rights developed by the Lessee any time all rights under this lease, or any and conditions of the lease and the plan of through operations on the Leased Lands shall portion thereof. Upon Lessor’s acceptance of operations. This bond shall be of a type immediately become the property of the the relinquishment, Lessee shall be relieved authorized by 43 CFR 3104.1 and must be Lessor. As long as the lease continues, the of all future obligations under the lease or the sufficient to cover all costs associated with Lessee shall have the right to use those water relinquished portion thereof, whichever is reclamation and abandonment activities. The rights free of charge for activities under the applicable. The Lessee shall promptly pay all authorized officer may adjust the required lease. royalties due and reclaim the relinquished bond amount as he determines necessary to acreage in accordance with the plan of assure full compliance for the operations Section 11. Development by In Situ Methods operations. Where in situ methods are used for the conducted under this lease. Section 17. Remedies in Case of Default (b) Upon request of the Lessee, the bond production of shale oil, the Lessee shall not may be released as to all or any portion of place any entry, well, or opening for such If the Lessee fails to comply with the Leased Lands affected by exploration or operations within 500 feet of the boundary applicable laws, regulations, or the terms, mining operations, when the Lessor has line of the Leased Lands without the conditions, and stipulations of this lease and determined that the Lessee has successfully permission of, or unless directed by the the noncompliance continues for a period of met the reclamation requirements of the Authorized Officer, nor shall induced 30 days after of notice thereof, this approved development plan and that fracturing extend to within 100 feet from that lease shall be subject to cancellation. The operations have been carried out and boundary line. Lessor may (1) Suspend operations until the completed with respect to these lands in required action is taken to correct Section 12. Inspection accordance with the approved plan. noncompliance, or (2) institute appropriate The Lessee shall permit any duly proceedings in a court of competent Section 8. Plan of Operations authorized officer or representative of the jurisdiction for the forfeiture and (a) Prior to conducting operations on the Department at any reasonable time: cancellation of this lease as provided in lease, including exploration, the Lessee shall (a) to inspect the Leased Lands and all Section 31 of the Act (30 U.S.C. 188) and for submit a plan of operations for review and surface and underground improvements, forfeiture of any applicable bond. If the approval by the authorized officer. This plan works, machinery, and equipment, and all Lessee fails to take prompt and necessary shall be submitted in accordance with the and records pertaining to operations steps to (a) prevent loss or damage to the requirements of 43 CFR 3160 or 43 CFR 3590, and surveys or investigations under this mine, property, or premises, (b) prevent depending on the nature of the proposed lease; and danger to the employees, or (c) avoid, activity. The authorized officer shall make (b) to copy and make extracts from any minimize or, repair damage to the the final determinations as to which books and records pertaining to operations environment, the Lessor may enter on the regulations govern the proposed activity and under this lease. premises and take such measures as he may notify the Lessee of any additional deem necessary to prevent, or correct the Section 13. Reports, Maps, etc. requirements. The authorized officer may damaging, dangerous, or unsafe condition of condition the approval on reasonable (a) The Lessee shall submit to the Lessor the mine or any other facilities upon the modifications of the plan to assure protection in such form as the latter may prescribe, not Leased Lands. Those measures shall be at the of the environment. more than 60 days after the end of each expense of the lessee. (b) After plan approval, the Lessee must quarter of the Lease Year, a report covering that quarter which shall show the amount Section 18. Delivery of Premises in Case of obtain the written approval of the authorized Forfeiture officer for any change in the plan approved produced from the Lease by each method of under subsection (a). production used during the quarter, the (a) At such time as all or portions of this (c) The Lessee shall file annual progress character and quality thereof, the amount of lease are returned to Lessor, the Lessee shall reports describing the operations conducted products and by-products disposed of and deliver to the Lessor the land leased, wells, under the plan of operations. price received therefore, and the amount in underground support structures, and such storage or held for sale. This report shall be other supports and structures necessary for Section 9. Operations on the Lease Lands certified by an agent having personal the preservation of the mine workings on the (a) The Lessee shall conduct all operations knowledge of the facts who has been leased premises or deposits and place all under this lease in compliance with all designated by the Lessee for that purpose. workings and wells in condition for applicable Federal, State and local statutes, (b) The Lessee shall prepare and furnish at suspension or abandonment. Within 180 regulations, and standards including those such times and in such form as the Lessor days thereof, Lessee shall remove from the pertaining to water quality, air quality, noise may prescribe, maps, photographs, reports, premises all other structures, machinery,

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equipment, tools, and materials as required claims arising from or connected with DEPARTMENT OF THE INTERIOR by the Authorized Officer. Any such Lessee’s activities and operations under this structures remaining on the Leased Lands lease. Minerals Management Service beyond the 180 days, or approved extension (c) In any case where liability without fault thereof, shall become the property of the is imposed on the Lessee pursuant to this Agency Information Collection Lessor. Lessee shall either remove all such Activities: Submitted for Office of property or shall continue to be liable for the section, and the damages involved were cost of removal and disposal in the amount caused by the action of a third party, the Management and Budget (OMB) actually incurred by the Lessor. rules of subrogation shall apply in Review; Comment Request (b) Lessee shall reclaim all lands which accordance with the law of the jurisdiction AGENCY: Minerals Management Service have been disturbed and dispose of all debris where the damage occurred. or solid waste in an approved manner in (MMS), Interior. accordance with the schedule established in Section 21. Appeals ACTION: Notice of extension of an the plan of operations and maintain bond The Lessee shall have the right to appeal information collection (1010–0112). coverage until such reclamation is complete. orders or decisions of the BLM under 43 CFR SUMMARY: To comply with the Section 19. Protection of Proprietary Subpart 3165. Information Paperwork Reduction Act of 1995 Section 22. Special Stipulations (PRA), we are notifying the public that (a) This lease, and any activities we have submitted to OMB an thereunder, shall not be construed to grant a The special stipulations that are attached license, permit or other right of use or to and made a part of this lease are imposed information collection request (ICR) to ownership to the Lessor, or any other person, upon the Lessee, and the Lessee’s employees renew approval of the paperwork of the patented processes, trade secrets, or and agents. The failure or refusal to comply requirements in Form MMS–131, other confidential or privileged technical with these stipulations shall be deemed a Performance Measures Data. This notice information (hereafter in this section called failure of the Lessee to comply with the terms also provides the public a second ‘‘technical processes’’) of the Lessee or any of the lease. The special stipulations may be opportunity to comment on the other party whose technical processes are revised or amended, in writing, by mutual paperwork burden of these regulatory embodied in improvements on the Leased consent following appropriate notice to the requirements. Lands or used in connection with the lease. public. (b) Notwithstanding any other provision of DATES: Submit written comments by this lease, the Lessor agrees that any Section 23. Conversion Rights December 22, 2004. technical processes obtained from the Lessee ADDRESSES: You may submit comments which are designated by the Lessee as Upon production of commercial quantities of shale oil from the lease, the lease may be either by fax (202) 395–6566 or e-mail confidential shall: (1) Not be disclosed to _ persons other than employees of the Federal converted to a commercial lease containing (OIRA [email protected]) directly Government having a need for such up to a total of 5,120 acres, as allowed under to the Office of Information and disclosures and (2) not be copied or the Mineral Leasing Act (30 U.S.C. Section Regulatory Affairs, OMB, Attention: reproduced in any manner. The Lessor 241) upon payment of fair market value for Desk Officer for the Department of the further agrees this material may not be used the additional acreage and the completion of Interior (1010–0112). Mail or hand carry in any manner that will violate their appropriate NEPA analysis. This commercial a copy of your comments to the proprietary nature. lease may be issued for a term of 20 Years Department of the Interior; Minerals (c) Prior to any disclosure pursuant to a and so long thereafter as shale oil is Management Service; Attention: Rules Freedom of Information Act request, the Bureau will notify the submitter of the produced from the Leased Lands in Processing Team; Mail Stop 4024; 381 specific information which it has initially commercial quantities, and contain terms Elden Street; Herndon, Virginia 20170– determined to release and give it thirty (30) consistent with regulations to be developed 4817. Interested parties may submit a days to provide a justification for the by the Secretary pursuant to section 21 of the copy of their comments on-line to MMS, nondisclosure of the information under Mineral Leasing Act. Such commercial lease the address is: https:// exemption 4 or other relevant exemptions. shall be subject to the readjustment of lease ocsconnect.mms.gov. From the Public Your justification should address in detail, terms at the end of the 20th lease year and Connect ‘‘Welcome’’ screen, you will be pursuant to the procedures in 43 CFR 2.23, each 20 year period thereafter, and subject to able to either search for Information whether the information payment to the Lessor of a rental of 50 cents (1) Was submitted voluntarily and falls in Collection 1010–0112 or select it from per acre or fraction thereof and a royalty of a category of information that the submitter the ‘‘Projects Open For Comment’’ does not customarily release to the public, or xxx% of the gross value (provide comment of menu. the percentage of royalty for commercial (2) If the information was required to be FOR FURTHER INFORMATION CONTACT: submitted, how substantial competitive or production) of the shale oil which is removed other business harm would likely result from or sold by the Lessee, at the First Point of Cheryl Blundon, Rules Processing release. sale. Team, (703) 787–1600. You may also (c) If after reviewing the information you contact Cheryl Blundon to obtain a submit, the bureau decides to release the Section 24. Reimbursable Costs copy, at no cost, of the form that information over your objections, it will In applying for required approvals, the involves the subject collection of inform you that it intends to release the lessee under the oil shale research and information. information 10 workdays after receipt of the development (R & D) lease shall be subject to notice by the submitter. SUPPLEMENTARY INFORMATION: the obligation to reimburse the BLM as if the Title: Form MMS–131, Performance Section 20. Lessee’s Liability to the Lessor requirements of subpart 2808 of Part 43 of the Measures Data. (a) The Lessee shall be liable to the United Code of Federal Regulations (43 CFR Subpart OMB Control Number: 1010–0112. States for any damage suffered by the United 2808) were applicable. Abstract: The Outer Continental Shelf States in any way arising from or connected Dated: September 30, 2004. (OCS) Lands Act (43 U.S.C. 1331 et with Lessee’s activities and operations Thomas P. Lonnie, seq.), as amended, requires the Secretary conducted pursuant to this lease, except of the Interior to preserve, protect, and where damage is caused by employees of the Assistant Director, Minerals Realty, and United States acting within the scope of their Resource Protection. develop OCS oil, gas, and sulphur resources; make such resources authority. [FR Doc. 04–25761 Filed 11–19–04; 8:45 am] (b) The Lessee shall indemnify and hold available to meet the Nation’s energy harmless the United States from any and all BILLING CODE 4310–AG–P needs as rapidly as possible; balance

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