[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[House]
[Pages H3117-H3208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1415
ENERGY POLICY MODERNIZATION ACT OF 2016
Mr. WHITFIELD. Mr. Speaker, pursuant to House Resolution 744, I call
up the bill (S. 2012) to provide for the modernization of the energy
policy of the United States, and for other purposes, and ask for its
immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 744, an
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 114-55 is adopted and the bill, as amended, is
considered read.
The text of the bill, as amended, is as follows:
S. 2012
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``North
American Energy Security and Infrastructure Act of 2016''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
DIVISION A--NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE
Sec. 1. Short title.
TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE
Subtitle A--Energy Delivery, Reliability, and Security
Sec. 1101. FERC process coordination.
Sec. 1102. Resolving environmental and grid reliability conflicts.
Sec. 1103. Emergency preparedness for energy supply disruptions.
Sec. 1104. Critical electric infrastructure security.
Sec. 1105. Strategic Transformer Reserve.
Sec. 1106. Cyber Sense.
Sec. 1107. State coverage and consideration of PURPA standards for
electric utilities.
Sec. 1108. Reliability analysis for certain rules that affect electric
generating facilities.
Sec. 1109. Increased accountability with respect to carbon capture,
utilization, and sequestration projects.
Sec. 1110. Reliability and performance assurance in Regional
Transmission Organizations.
Sec. 1111. Ethane storage study.
Sec. 1112. Statement of policy on grid modernization.
Sec. 1113. Grid resilience report.
Sec. 1114. GAO report on improving National Response Center.
Sec. 1115. Designation of National Energy Security Corridors on Federal
lands.
Sec. 1116. Vegetation management, facility inspection, and operation
and maintenance on Federal lands containing electric
transmission and distribution facilities.
Subtitle B--Hydropower Regulatory Modernization
Sec. 1201. Protection of private property rights in hydropower
licensing.
Sec. 1202. Extension of time for FERC project involving W. Kerr Scott
Dam.
Sec. 1203. Hydropower licensing and process improvements.
Sec. 1204. Judicial review of delayed Federal authorizations.
Sec. 1205. Licensing study improvements.
Sec. 1206. Closed-loop pumped storage projects.
Sec. 1207. License amendment improvements.
Sec. 1208. Promoting hydropower development at existing nonpowered
dams.
TITLE II--ENERGY SECURITY AND DIPLOMACY
Sec. 2001. Sense of Congress.
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Sec. 2002. Energy security valuation.
Sec. 2003. North American energy security plan.
Sec. 2004. Collective energy security.
Sec. 2005. Authorization to export natural gas.
Sec. 2006. Environmental review for energy export facilities.
Sec. 2007. Authorization of cross-border infrastructure projects.
Sec. 2008. Report on smart meter security concerns.
TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY
Subtitle A--Energy Efficiency
Chapter 1--Federal Agency Energy Efficiency
Sec. 3111. Energy-efficient and energy-saving information technologies.
Sec. 3112. Energy efficient data centers.
Sec. 3113. Report on energy and water savings potential from thermal
insulation.
Sec. 3114. Battery storage report.
Sec. 3115. Federal purchase requirement.
Sec. 3116. Energy performance requirement for Federal buildings.
Sec. 3117. Federal building energy efficiency performance standards;
certification system and level for Federal buildings.
Sec. 3118. Operation of battery recharging stations in parking areas
used by Federal employees.
Sec. 3119. Report on energy savings and greenhouse gas emissions
reduction from conversion of captured methane to energy.
Chapter 2--Energy Efficient Technology and Manufacturing
Sec. 3121. Inclusion of Smart Grid capability on Energy Guide labels.
Sec. 3122. Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.
Sec. 3123. Facilitating consensus furnace standards.
Sec. 3124. No warranty for certain certified Energy Star products.
Sec. 3125. Clarification to effective date for regional standards.
Sec. 3126. Internet of Things report.
Sec. 3127. Energy savings from lubricating oil.
Sec. 3128. Definition of external power supply.
Sec. 3129. Standards for power supply circuits connected to LEDs or
OLEDs.
Chapter 3--School Buildings
Sec. 3131. Coordination of energy retrofitting assistance for schools.
Chapter 4--Building Energy Codes
Sec. 3141. Greater energy efficiency in building codes.
Sec. 3142. Voluntary nature of building asset rating program.
Chapter 5--EPCA Technical Corrections and Clarifications
Sec. 3151. Modifying product definitions.
Sec. 3152. Clarifying rulemaking procedures.
Chapter 6--Energy and Water Efficiency
Sec. 3161. Smart energy and water efficiency pilot program.
Sec. 3162. WaterSense.
Subtitle B--Accountability
Chapter 1--Market Manipulation, Enforcement, and Compliance
Sec. 3211. FERC Office of Compliance Assistance and Public
Participation.
Chapter 2--Market Reforms
Sec. 3221. GAO study on wholesale electricity markets.
Sec. 3222. Clarification of facility merger authorization.
Chapter 3--Code Maintenance
Sec. 3231. Repeal of off-highway motor vehicles study.
Sec. 3232. Repeal of methanol study.
Sec. 3233. Repeal of residential energy efficiency standards study.
Sec. 3234. Repeal of weatherization study.
Sec. 3235. Repeal of report to Congress.
Sec. 3236. Repeal of report by General Services Administration.
Sec. 3237. Repeal of intergovernmental energy management planning and
coordination workshops.
Sec. 3238. Repeal of Inspector General audit survey and President's
Council on Integrity and Efficiency report to Congress.
Sec. 3239. Repeal of procurement and identification of energy efficient
products program.
Sec. 3240. Repeal of national action plan for demand response.
Sec. 3241. Repeal of national coal policy study.
Sec. 3242. Repeal of study on compliance problem of small electric
utility systems.
Sec. 3243. Repeal of study of socioeconomic impacts of increased coal
production and other energy development.
Sec. 3244. Repeal of study of the use of petroleum and natural gas in
combustors.
Sec. 3245. Repeal of submission of reports.
Sec. 3246. Repeal of electric utility conservation plan.
Sec. 3247. Technical amendment to Powerplant and Industrial Fuel Use
Act of 1978.
Sec. 3248. Emergency energy conservation repeals.
Sec. 3249. Repeal of State utility regulatory assistance.
Sec. 3250. Repeal of survey of energy saving potential.
Sec. 3251. Repeal of photovoltaic energy program.
Sec. 3252. Repeal of energy auditor training and certification.
Chapter 4--Authorization
Sec. 3261 Authorization.
TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS
Sec. 4001. Findings.
Sec. 4002. Repeal.
Sec. 4003. National policy on oil export restrictions.
Sec. 4004. Studies.
Sec. 4005. Savings clause.
Sec. 4006. Partnerships with minority serving institutions.
Sec. 4007. Report.
Sec. 4008. Report to Congress.
Sec. 4009. Prohibition on exports of crude oil, refined petroleum
products, and petrochemical products to the Islamic
Republic of Iran.
TITLE V--OTHER MATTERS
Sec. 5001. Assessment of regulatory requirements.
Sec. 5002. Definitions.
Sec. 5003. Exclusive venue for certain civil actions relating to
covered energy projects.
Sec. 5004. Timely filing.
Sec. 5005. Expedition in hearing and determining the action.
Sec. 5006. Limitation on injunction and prospective relief.
Sec. 5007. Legal standing.
Sec. 5008. Study to identify legal and regulatory barriers that delay,
prohibit, or impede the export of natural energy
resources.
Sec. 5009. Study of volatility of crude oil.
Sec. 5010. Smart meter privacy rights.
Sec. 5011. Youth energy enterprise competition.
Sec. 5012. Modernization of terms relating to minorities.
Sec. 5013. Voluntary vegetation management outside rights-of-way.
Sec. 5014. Repeal of rule for new residential wood heaters.
TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR
Sec. 6001. Short title.
Sec. 6002. Provision of interconnection service and net billing service
for community solar facilities.
TITLE VII--MARINE HYDROKINETIC
Sec. 7001. Definition of marine and hydrokinetic renewable energy.
Sec. 7002. Marine and hydrokinetic renewable energy research and
development.
Sec. 7003. National Marine Renewable Energy Research, Development, and
Demonstration Centers.
Sec. 7004. Authorization of appropriations.
TITLE VIII--EXTENSIONS OF TIME FOR VARIOUS FEDERAL ENERGY REGULATORY
COMMISSION PROJECTS
Sec. 8001. Extension of time for Federal Energy Regulatory Commission
project involving Clark Canyon Dam.
Sec. 8002. Extension of time for Federal Energy Regulatory Commission
project involving Gibson Dam.
Sec. 8003. Extension of time for Federal Energy Regulatory Commission
project involving Jennings Randolph Dam.
Sec. 8004. Extension of time for Federal Energy Regulatory Commission
project involving Cannonsville Dam.
Sec. 8005. Extension of time for Federal Energy Regulatory Commission
project involving Gathright Dam.
Sec. 8006. Extension of time for Federal Energy Regulatory Commission
project involving Flannagan Dam.
TITLE IX--ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT
Sec. 9001. Energy and manufacturing workforce development.
Sec. 9002. Report.
Sec. 9003. Use of existing funds.
DIVISION B--RESILIENT FEDERAL FORESTS
Sec. 1. Short title.
Sec. 2. Definitions.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Sec. 101. Analysis of only two alternatives (action versus no action)
in proposed collaborative forest management activities.
Sec. 102. Categorical exclusion to expedite certain critical response
actions.
Sec. 103. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 104. Categorical exclusion to meet forest plan goals for early
successional forests.
Sec. 105. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
Sec. 106. Categorical exclusion to improve, restore, and reduce the
risk of wildfire.
Sec. 107. Compliance with forest plan.
TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS
Sec. 201. Expedited salvage operations and reforestation activities
following large-scale catastrophic events.
Sec. 202. Compliance with forest plan.
Sec. 203. Prohibition on restraining orders, preliminary injunctions,
and injunctions pending appeal.
Sec. 204. Exclusion of certain lands.
TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT
Sec. 301. Definitions.
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Sec. 302. Bond requirement as part of legal challenge of certain forest
management activities.
TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
AMENDMENTS
Sec. 401. Use of reserved funds for title II projects on Federal land
and certain non-Federal land.
Sec. 402. Resource advisory committees.
Sec. 403. Program for title II self-sustaining resource advisory
committee projects.
Sec. 404. Additional authorized use of reserved funds for title III
county projects.
Sec. 405. Treatment as supplemental funding.
TITLE V--STEWARDSHIP END RESULT CONTRACTING
Sec. 501. Cancellation ceilings for stewardship end result contracting
projects.
Sec. 502. Excess offset value.
Sec. 503. Payment of portion of stewardship project revenues to county
in which stewardship project occurs.
Sec. 504. Submission of existing annual report.
Sec. 505. Fire liability provision.
TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES
Sec. 601. Definitions.
Sec. 602. Availability of stewardship project revenues and
Collaborative Forest Landscape Restoration Fund to cover
forest management activity planning costs.
Sec. 603. State-supported planning of forest management activities.
TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
Sec. 701. Protection of tribal forest assets through use of stewardship
end result contracting and other authorities.
Sec. 702. Management of Indian forest land authorized to include
related National Forest System lands and public lands.
Sec. 703. Tribal forest management demonstration project.
TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS
Sec. 801. Balancing short- and long-term effects of forest management
activities in considering injunctive relief.
Sec. 802. Conditions on Forest Service road decommissioning.
Sec. 803. Prohibition on application of Eastside Screens requirements
on National Forest System lands.
Sec. 804. Use of site-specific forest plan amendments for certain
projects and activities.
Sec. 805. Knutson-Vandenberg Act modifications.
Sec. 806. Exclusion of certain National Forest System lands and public
lands.
Sec. 807. Application of Northwest Forest Plan Survey and Manage
Mitigation Measure Standard and Guidelines.
Sec. 808. Management of Bureau of Land Management lands in western
Oregon.
Sec. 809. Bureau of Land Management resource management plans.
Sec. 810. Landscape-scale forest restoration project.
TITLE IX--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
Sec. 901. Wildfire on Federal lands.
Sec. 902. Declaration of a major disaster for wildfire on Federal
lands.
Sec. 903. Prohibition on transfers.
DIVISION C--NATURAL RESOURCES
TITLE I--WESTERN WATER AND AMERICAN FOOD SECURITY ACT
Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Definitions.
Subtitle A--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-
TIME MONITORING AND UPDATED SCIENCE
Sec. 1011. Definitions.
Sec. 1012. Revise incidental take level calculation for delta smelt to
reflect new science.
Sec. 1013. Factoring increased real-time monitoring and updated science
into Delta smelt management.
Subtitle B--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE
Sec. 1021. Definitions.
Sec. 1022. Process for ensuring salmonid management is responsive to
new science.
Sec. 1023. Non-Federal program to protect native anadromous fish in the
Stanislaus River.
Sec. 1024. Pilot projects to implement CALFED invasive species program.
Subtitle C--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF
Sec. 1031. Definitions.
Sec. 1032. Operational flexibility in times of drought.
Sec. 1033. Operation of cross-channel gates.
Sec. 1034. Flexibility for export/inflow ratio.
Sec. 1035. Emergency environmental reviews.
Sec. 1036. Increased flexibility for regular project operations.
Sec. 1037. Temporary operational flexibility for first few storms of
the water year.
Sec. 1038. Expediting water transfers.
Sec. 1039. Additional emergency consultation.
Sec. 1040. Additional storage at New Melones.
Sec. 1041. Regarding the operation of Folsom Reservoir.
Sec. 1042. Applicants.
Sec. 1043. San Joaquin River settlement.
Sec. 1044. Program for water rescheduling.
Subtitle D--CALFED STORAGE FEASIBILITY STUDIES
Sec. 1051. Studies.
Sec. 1052. Temperance Flat.
Sec. 1053. CALFED storage accountability.
Sec. 1054. Water storage project construction.
Subtitle E--WATER RIGHTS PROTECTIONS
Sec. 1061. Offset for State Water Project.
Sec. 1062. Area of origin protections.
Sec. 1063. No redirected adverse impacts.
Sec. 1064. Allocations for Sacramento Valley contractors.
Sec. 1065. Effect on existing obligations.
Subtitle F--MISCELLANEOUS
Sec. 1071. Authorized service area.
Sec. 1072. Oversight board for Restoration Fund.
Sec. 1073. Water supply accounting.
Sec. 1074. Implementation of water replacement plan.
Sec. 1075. Natural and artificially spawned species.
Sec. 1076. Transfer the New Melones Unit, Central Valley Project to
interested providers.
Sec. 1077. Basin studies.
Sec. 1078. Operations of the Trinity River Division.
Sec. 1079. Amendment to purposes.
Sec. 1080. Amendment to definition.
Sec. 1081. Report on results of water usage.
Sec. 1082. Klamath project consultation applicants.
Subtitle G--Water Supply Permitting Act
Sec. 1091. Short title.
Sec. 1092. Definitions.
Sec. 1093. Establishment of lead agency and cooperating agencies.
Sec. 1094. Bureau responsibilities.
Sec. 1095. Cooperating agency responsibilities.
Sec. 1096. Funding to process permits.
Subtitle H--Bureau of Reclamation Project Streamlining
Sec. 1101. Short title.
Sec. 1102. Definitions.
Sec. 1103. Acceleration of studies.
Sec. 1104. Expedited completion of reports.
Sec. 1105. Project acceleration.
Sec. 1106. Annual report to Congress.
Subtitle I--Accelerated Revenue, Repayment, and Surface Water Storage
Enhancement
Sec. 1111. Short title.
Sec. 1112. Prepayment of certain repayment contracts between the United
States and contractors of federally developed water
supplies.
Subtitle J--Safety of Dams
Sec. 1121. Authorization of additional project benefits.
Subtitle K--Water Rights Protection
Sec. 1131. Short title.
Sec. 1132. Definition of water right.
Sec. 1133. Treatment of water rights.
Sec. 1134. Recognition of State authority.
Sec. 1135. Effect of title.
TITLE II--SPORTSMEN'S HERITAGE AND RECREATIONAL ENHANCEMENT ACT
Sec. 2001. Short title.
Sec. 2002. Report on economic impact.
Subtitle A--Hunting, Fishing and Recreational Shooting Protection Act
Sec. 2011. Short title.
Sec. 2012. Modification of definition.
Sec. 2013. Limitation on authority to regulate ammunition and fishing
tackle.
Subtitle B--Target Practice and Marksmanship Training Support Act
Sec. 2021. Short title.
Sec. 2022. Findings; purpose.
Sec. 2023. Definition of public target range.
Sec. 2024. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 2025. Limits on liability.
Sec. 2026. Sense of Congress regarding cooperation.
Subtitle C--Polar Bear Conservation and Fairness Act
Sec. 2031. Short title.
Sec. 2032. Permits for importation of polar bear trophies taken in
sport hunts in Canada.
Subtitle D--Recreational Lands Self-Defense Act
Sec. 2041. Short title.
Sec. 2042. Protecting Americans from violent crime.
Subtitle E--Wildlife and Hunting Heritage Conservation Council Advisory
Committee
Sec. 2051. Wildlife and Hunting Heritage Conservation Council Advisory
Committee.
Subtitle F--Recreational Fishing and Hunting Heritage Opportunities Act
Sec. 2061. Short title.
Sec. 2062. Findings.
Sec. 2063. Fishing, hunting, and recreational shooting.
Sec. 2064. Volunteer Hunters; Reports; Closures and Restrictions.
Subtitle G--Farmer and Hunter Protection Act
Sec. 2071. Short title.
Sec. 2072. Baiting of migratory game birds.
Subtitle H--Transporting Bows Across National Park Service Lands
Sec. 2081. Short title.
Sec. 2082. Bowhunting opportunity and wildlife stewardship.
Subtitle I--Federal Land Transaction Facilitation Act Reauthorization
(FLTFA)
Sec. 2091. Short title.
Sec. 2092. Federal Land Transaction Facilitation Act.
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Subtitle J--African Elephant Conservation and Legal Ivory Possession
Act
Sec. 2101. Short title.
Sec. 2102. References.
Sec. 2103. Placement of United States Fish and Wildlife Service law
enforcement officers in each African elephant range
country.
Sec. 2104. Treatment of elephant ivory.
Sec. 2105. African Elephant Conservation Act financial assistance
priority and reauthorization.
Sec. 2106. Government Accountability Office study.
Subtitle K--Respect for Treaties and Rights
Sec. 2111. Respect for Treaties and Rights.
Subtitle L--State Approval of Fishing Restriction
Sec. 2131. State or Territorial Approval of Restriction of Recreational
or Commercial Fishing Access to Certain State or
Territorial Waters.
Subtitle M--Hunting and Recreational Fishing Within Certain National
Forests
Sec. 2141. Definitions.
Sec. 2142. Hunting and recreational fishing within the national forest
system.
Sec. 2143. Publication of Closure of Roads in Forests.
Subtitle N--Grand Canyon Bison Management Act
Sec. 2151. Short title.
Sec. 2152. Definitions.
Sec. 2153. Bison management plan for Grand Canyon National Park.
Subtitle O--Open Book on Equal Access to Justice
Sec. 2161. Short title.
Sec. 2162. Modification of equal access to justice provisions.
Subtitle P--Utility Terrain Vehicles
Sec. 2171. Utility terrain vehicles in Kisatchie National Forest.
Subtitle Q--Good Samaritan Search and Recovery
Sec. 2181. Short title.
Sec. 2182. Expedited access to certain Federal land.
Subtitle R--Interstate Transportation of Firearms or Ammunition
Sec. 2191. Interstate transportation of firearms or ammunition.
Subtitle S--Gray Wolves
Sec. 2201. Reissuance of final rule regarding gray wolves in the
Western Great Lakes.
Sec. 2202. Reissuance of final rule regarding gray wolves in Wyoming.
Subtitle T--Miscellaneous Provisions
Sec. 2211. Prohibition on issuance of final rule.
Sec. 2212. Withdrawal of existing rule regarding hunting and trapping
in Alaska.
TITLE III--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION ACT
Sec. 3001. Short title.
Sec. 3002. Findings.
Sec. 3003. Definitions.
Subtitle A--Development of Domestic Sources of Strategic and Critical
Minerals
Sec. 3011. Improving development of strategic and critical minerals.
Sec. 3012. Responsibilities of the lead agency.
Sec. 3013. Conservation of the resource.
Sec. 3014. Federal register process for mineral exploration and mining
projects.
Subtitle B--Judicial Review of Agency Actions Relating to Exploration
and Mine Permits
Sec. 3021. Definitions for title.
Sec. 3022. Timely filings.
Sec. 3023. Right to intervene.
Sec. 3024. Expedition in hearing and determining the action.
Sec. 3025. Limitation on prospective relief.
Sec. 3026. Limitation on attorneys' fees.
Subtitle C--Miscellaneous Provisions
Sec. 3031. Secretarial order not affected.
TITLE IV--NATIVE AMERICAN ENERGY ACT
Sec. 4001. Short title.
Sec. 4002. Appraisals.
Sec. 4003. Standardization.
Sec. 4004. Environmental reviews of major Federal actions on Indian
lands.
Sec. 4005. Judicial review.
Sec. 4006. Tribal biomass demonstration project.
Sec. 4007. Tribal resource management plans.
Sec. 4008. Leases of restricted lands for the Navajo Nation.
Sec. 4009. Nonapplicability of certain rules.
TITLE V--NORTHPORT IRRIGATION EARLY REPAYMENT
Sec. 5001. Early repayment of construction costs.
TITLE VI--OCMULGEE MOUNDS NATIONAL HISTORICAL PARK BOUNDARY REVISION
ACT
Sec. 6001. Short title.
Sec. 6002. Definitions.
Sec. 6003. Ocmulgee Mounds National Historical Park.
Sec. 6004. Boundary adjustment.
Sec. 6005. Land acquisition; no buffer zones.
Sec. 6006. Administration.
Sec. 6007. Ocmulgee River corridor special resource study.
TITLE VII--MEDGAR EVERS HOUSE STUDY ACT
Sec. 7001. Short title.
Sec. 7002. Special resource study.
TITLE VIII--SKY POINT MOUNTAIN DESIGNATION
Sec. 8001. Findings.
Sec. 8002. Sky Point.
TITLE IX--CHIEF STANDING BEAR TRAIL STUDY
Sec. 9001. Chief Standing Bear national historic trail feasibility
study.
TITLE X--JOHN MUIR NATIONAL HISTORIC SITE EXPANSION ACT
Sec. 10001. Short title.
Sec. 10002. John Muir National Historic Site land acquisition.
TITLE XI--ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT
Sec. 11001. Short title.
Sec. 11002. Arapaho National Forest boundary adjustment.
TITLE XII--PRESERVATION RESEARCH AT INSTITUTIONS SERVING MINORITIES ACT
Sec. 12001. Short title.
Sec. 12002. Eligibility of Hispanic-serving institutions and Asian
American and Native American Pacific Islander-serving
institutions for assistance for preservation education
and training programs.
TITLE XIII--ELKHORN RANCH AND WHITE RIVER NATIONAL FOREST CONVEYANCE
ACT
Sec. 13001. Short title.
Sec. 13002. Land conveyance, Elkhorn Ranch and White River National
Forest, Colorado.
TITLE XIV--NATIONAL LIBERTY MEMORIAL CLARIFICATION ACT
Sec. 14001. Short title.
Sec. 14002. Compliance with certain standards for commemorative works
in establishment of National Liberty Memorial.
TITLE XV--CRAGS, COLORADO LAND EXCHANGE ACT
Sec. 15001. Short title.
Sec. 15002. Purposes.
Sec. 15003. Definitions.
Sec. 15004. Land exchange.
Sec. 15005. Equal value exchange and appraisals.
Sec. 15006. Miscellaneous provisions.
TITLE XVI--REMOVE REVERSIONARY INTEREST IN ROCKINGHAM COUNTY LAND
Sec. 16001. Removal of use restriction.
TITLE XVII--COLTSVILLE NATIONAL HISTORICAL PARK
Sec. 17001. Amendment to Coltsville National Historical Park donation
site.
TITLE XVIII--MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK ACT
Sec. 18001. Short title.
Sec. 18002. Martin Luther King, Jr. National Historical Park.
Sec. 18003. References.
TITLE XIX--EXTENSION OF THE AUTHORIZATION FOR THE GULLAH/GEECHEE
CULTURAL HERITAGE CORRIDOR COMMISSION
Sec. 19001. Extension of the authorization for the Gullah/Geechee
Cultural Heritage Corridor Commission.
TITLE XX--9/11 MEMORIAL ACT
Sec. 20001. Short title.
Sec. 20002. Definitions.
Sec. 20003. Designation of memorial.
Sec. 20004. Competitive grants for certain memorials.
TITLE XXI--KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY
ADJUSTMENT ACT
Sec. 21001. Short title.
Sec. 21002. Findings.
Sec. 21003. Boundary adjustment; land acquisition; administration.
TITLE XXII--VEHICLE ACCESS AT DELAWARE WATER GAP NATIONAL RECREATION
AREA
Sec. 22001. Vehicular access and fees.
Sec. 22002. Definitions.
Sec. 22003. Conforming amendment.
TITLE XXIII--GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE ACT
Sec. 23001. Short title.
Sec. 23002. Land exchange, Gulf Islands National Seashore, Jackson
County, Mississippi.
TITLE XXIV--KOREAN WAR VETERANS MEMORIAL WALL OF REMEMBRANCE ACT
Sec. 24001. Short title.
Sec. 24002. Wall of Remembrance.
TITLE XXV--NATIONAL FOREST SMALL TRACTS ACT AMENDMENTS ACT
Sec. 25001. Short title.
Sec. 25002. Additional authority for sale or exchange of small parcels
of National Forest System land.
TITLE XXVI--WESTERN OREGON TRIBAL FAIRNESS ACT
Sec. 26001. Short title.
Subtitle A--Cow Creek Umpqua Land Conveyance
Sec. 26011. Short title.
Sec. 26012. Definitions.
Sec. 26013. Conveyance.
Sec. 26014. Map and legal description.
Sec. 26015. Administration.
Sec. 26016. Land reclassification.
Subtitle B--Coquille Forest Fairness
Sec. 26021. Short title.
Sec. 26022. Amendments to Coquille Restoration Act.
Subtitle C--Oregon Coastal Lands
Sec. 26031. Short title.
Sec. 26032. Definitions.
Sec. 26033. Conveyance.
Sec. 26034. Map and legal description.
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Sec. 26035. Administration.
Sec. 26036. Land reclassification.
DIVISION D--SCIENCE
TITLE V--DEPARTMENT OF ENERGY SCIENCE
Sec. 501. Mission.
Sec. 502. Basic energy sciences.
Sec. 503. Advanced scientific computing research.
Sec. 504. High energy physics.
Sec. 505. Biological and environmental research.
Sec. 506. Fusion energy.
Sec. 507. Nuclear physics.
Sec. 508. Science laboratories infrastructure program.
Sec. 509. Domestic manufacturing.
Sec. 510. Authorization of appropriations.
Sec. 511. Definitions.
TITLE VI--DEPARTMENT OF ENERGY APPLIED RESEARCH AND DEVELOPMENT
Subtitle A--Crosscutting Research and Development
Sec. 601. Crosscutting research and development.
Sec. 602. Strategic research portfolio analysis and coordination plan.
Sec. 603. Strategy for facilities and infrastructure.
Sec. 604. Energy Innovation Hubs.
Subtitle B--Electricity Delivery and Energy Reliability Research and
Development
Sec. 611. Distributed energy and electric energy systems.
Sec. 612. Electric transmission and distribution research and
development.
Subtitle C--Nuclear Energy Research and Development
Sec. 621. Objectives.
Sec. 622. Program objectives study.
Sec. 623. Nuclear energy research and development programs.
Sec. 624. Small modular reactor program.
Sec. 625. Fuel cycle research and development.
Sec. 626. Nuclear energy enabling technologies program.
Sec. 627. Technical standards collaboration.
Sec. 628. Available facilities database.
Subtitle D--Energy Efficiency and Renewable Energy Research and
Development
Sec. 641. Energy efficiency.
Sec. 642. Next Generation Lighting Initiative.
Sec. 643. Building standards.
Sec. 644. Secondary electric vehicle battery use program.
Sec. 645. Network for Manufacturing Innovation Program.
Sec. 646. Advanced Energy Technology Transfer Centers.
Sec. 647. Renewable energy.
Sec. 648. Bioenergy program.
Sec. 649. Concentrating solar power research program.
Sec. 650. Renewable energy in public buildings.
Subtitle E--Fossil Energy Research and Development
Sec. 661. Fossil energy.
Sec. 662. Coal research, development, demonstration, and commercial
application programs.
Sec. 663. High efficiency gas turbines research and development.
Subtitle F--Advanced Research Projects Agency-Energy
Sec. 671. ARPA-E amendments.
Subtitle G--Authorization of Appropriations
Sec. 681. Authorization of appropriations.
Subtitle H--Definitions
Sec. 691. Definitions.
TITLE VII--DEPARTMENT OF ENERGY TECHNOLOGY TRANSFER
Subtitle A--In General
Sec. 701. Definitions.
Sec. 702. Savings clause.
Subtitle B--Innovation Management at Department of Energy
Sec. 712. Technology transfer and transitions assessment.
Sec. 713. Sense of Congress.
Sec. 714. Nuclear energy innovation.
Subtitle C--Cross-Sector Partnerships and Grant Competitiveness
Sec. 721. Agreements for Commercializing Technology pilot program.
Sec. 722. Public-private partnerships for commercialization.
Sec. 723. Inclusion of early-stage technology demonstration in
authorized technology transfer activities.
Sec. 724. Funding competitiveness for institutions of higher education
and other nonprofit institutions.
Sec. 725. Participation in the Innovation Corps program.
Subtitle D--Assessment of Impact
Sec. 731. Report by Government Accountability Office.
TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES
Sec. 3301. Short title.
Sec. 3302. Nuclear energy.
Sec. 3303. Nuclear energy research programs.
Sec. 3304. Advanced fuel cycle initiative.
Sec. 3305. University nuclear science and engineering support.
Sec. 3306. Department of Energy civilian nuclear infrastructure and
facilities.
Sec. 3307. Security of nuclear facilities.
Sec. 3308. High-performance computation and supportive research.
Sec. 3309. Enabling nuclear energy innovation.
Sec. 3310. Budget plan.
Sec. 3311. Conforming amendments.
DIVISION A--NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE
SEC. 1. SHORT TITLE.
This division may be cited as the ``North American Energy
Security and Infrastructure Act of 2016''.
TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE
Subtitle A--Energy Delivery, Reliability, and Security
SEC. 1101. FERC PROCESS COORDINATION.
Section 15 of the Natural Gas Act (15 U.S.C. 717n) is
amended--
(1) by amending subsection (b)(2) to read as follows:
``(2) Other agencies.--
``(A) In general.--Each Federal and State agency
considering an aspect of an application for Federal
authorization shall cooperate with the Commission and comply
with the deadlines established by the Commission.
``(B) Identification.--The Commission shall identify, as
early as practicable after it is notified by a prospective
applicant of a potential project requiring Commission
authorization, any Federal or State agency, local government,
or Indian tribe that may consider an aspect of an application
for that Federal authorization.
``(C) Notification.--
``(i) In general.--The Commission shall notify any agency
identified under subparagraph (B) of the opportunity to
cooperate or participate in the review process.
``(ii) Deadline.--A notification issued under clause (i)
shall establish a deadline by which a response to the
notification shall be submitted, which may be extended by the
Commission for good cause.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) set deadlines for all such Federal authorizations;
and'';
(B) by striking paragraph (2); and
(C) by adding at the end the following new paragraphs:
``(2) Deadline for federal authorizations.--A final
decision on a Federal authorization is due no later than 90
days after the Commission issues its final environmental
document, unless a schedule is otherwise established by
Federal law.
``(3) Concurrent reviews.--Each Federal and State agency
considering an aspect of an application for a Federal
authorization shall--
``(A) carry out the obligations of that agency under
applicable law concurrently, and in conjunction, with the
review required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), unless doing so would impair
the ability of the agency to conduct needed analysis or
otherwise carry out those obligations;
``(B) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of required Federal authorizations no later than
90 days after the Commission issues its final environmental
document; and
``(C) transmit to the Commission a statement--
``(i) acknowledging receipt of the schedule established
under paragraph (1); and
``(ii) setting forth the plan formulated under subparagraph
(B) of this paragraph.
``(4) Issue identification and resolution.--
``(A) Identification.--Federal and State agencies that may
consider an aspect of an application for Federal
authorization shall identify, as early as possible, any
issues of concern that may delay or prevent an agency from
working with the Commission to resolve such issues and
granting such authorization.
``(B) Issue resolution.--The Commission may forward any
issue of concern identified under subparagraph (A) to the
heads of the relevant agencies (including, in the case of a
failure by the State agency, the Federal agency overseeing
the delegated authority) for resolution.
``(5) Failure to meet schedule.--If a Federal or State
agency does not complete a proceeding for an approval that is
required for a Federal authorization in accordance with the
schedule established by the Commission under paragraph (1)--
``(A) the applicant may pursue remedies under section
19(d); and
``(B) the head of the relevant Federal agency (including,
in the case of a failure by a State agency, the Federal
agency overseeing the delegated authority) shall notify
Congress and the Commission of such failure and set forth a
recommended implementation plan to ensure completion of the
proceeding for an approval.'';
(3) by redesignating subsections (d) through (f) as
subsections (g) through (i), respectively; and
(4) by inserting after subsection (c) the following new
subsections:
``(d) Remote Surveys.--If a Federal or State agency
considering an aspect of an application for Federal
authorization requires the applicant to submit environmental
data, the agency shall consider any such data gathered by
aerial or other remote means that the applicant submits. The
agency may grant a conditional approval for Federal
authorization, conditioned on the verification of such data
by subsequent onsite inspection.
``(e) Application Processing.--The Commission, and Federal
and State agencies, may allow an applicant seeking Federal
authorization to fund a third-party contractor to assist in
reviewing the application.
``(f) Accountability, Transparency, Efficiency.--For
applications requiring multiple Federal authorizations, the
Commission, with input from any Federal or State agency
considering an aspect of an application, shall track
[[Page H3122]]
and make available to the public on the Commission's website
information related to the actions required to complete
permitting, reviews, and other actions required. Such
information shall include the following:
``(1) The schedule established by the Commission under
subsection (c)(1).
``(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the Federal
authorization.
``(3) The expected completion date for each such action.
``(4) A point of contact at the agency accountable for each
such action.
``(5) In the event that an action is still pending as of
the expected date of completion, a brief explanation of the
reasons for the delay.''.
SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY
CONFLICTS.
(a) Compliance With or Violation of Environmental Laws
While Under Emergency Order.--Section 202(c) of the Federal
Power Act (16 U.S.C. 824a(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) With respect to an order issued under this subsection
that may result in a conflict with a requirement of any
Federal, State, or local environmental law or regulation, the
Commission shall ensure that such order requires generation,
delivery, interchange, or transmission of electric energy
only during hours necessary to meet the emergency and serve
the public interest, and, to the maximum extent practicable,
is consistent with any applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
``(3) To the extent any omission or action taken by a
party, that is necessary to comply with an order issued under
this subsection, including any omission or action taken to
voluntarily comply with such order, results in noncompliance
with, or causes such party to not comply with, any Federal,
State, or local environmental law or regulation, such
omission or action shall not be considered a violation of
such environmental law or regulation, or subject such party
to any requirement, civil or criminal liability, or a citizen
suit under such environmental law or regulation.
``(4)(A) An order issued under this subsection that may
result in a conflict with a requirement of any Federal,
State, or local environmental law or regulation shall expire
not later than 90 days after it is issued. The Commission may
renew or reissue such order pursuant to paragraphs (1) and
(2) for subsequent periods, not to exceed 90 days for each
period, as the Commission determines necessary to meet the
emergency and serve the public interest.
``(B) In renewing or reissuing an order under subparagraph
(A), the Commission shall consult with the primary Federal
agency with expertise in the environmental interest protected
by such law or regulation, and shall include in any such
renewed or reissued order such conditions as such Federal
agency determines necessary to minimize any adverse
environmental impacts to the extent practicable. The
conditions, if any, submitted by such Federal agency shall be
made available to the public. The Commission may exclude such
a condition from the renewed or reissued order if it
determines that such condition would prevent the order from
adequately addressing the emergency necessitating such order
and provides in the order, or otherwise makes publicly
available, an explanation of such determination.
``(5) If an order issued under this subsection is
subsequently stayed, modified, or set aside by a court
pursuant to section 313 or any other provision of law, any
omission or action previously taken by a party that was
necessary to comply with the order while the order was in
effect, including any omission or action taken to voluntarily
comply with the order, shall remain subject to paragraph
(3).''.
(b) Temporary Connection or Construction by
Municipalities.--Section 202(d) of the Federal Power Act (16
U.S.C. 824a(d)) is amended by inserting ``or municipality''
before ``engaged in the transmission or sale of electric
energy''.
SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY
DISRUPTIONS.
(a) Finding.--Congress finds that recent natural disasters
have underscored the importance of having resilient oil and
natural gas infrastructure and energy storage and effective
ways for industry and government to communicate to address
energy supply disruptions.
(b) Authorization for Activities To Enhance Emergency
Preparedness for Natural Disasters.--The Secretary of Energy
shall develop and adopt procedures to--
(1) improve communication and coordination between the
Department of Energy's energy response team, Federal
partners, and industry;
(2) leverage the Energy Information Administration's
subject matter expertise within the Department's energy
response team to improve supply chain situation assessments;
(3) establish company liaisons and direct communication
with the Department's energy response team to improve
situation assessments;
(4) streamline and enhance processes for obtaining
temporary regulatory relief to speed up emergency response
and recovery;
(5) facilitate and increase engagement among States, the
oil and natural gas industry, the energy storage industry,
and the Department in developing State and local energy
assurance plans;
(6) establish routine education and training programs for
key government emergency response positions with the
Department and States; and
(7) involve States, the energy storage industry, and the
oil and natural gas industry in comprehensive drill and
exercise programs.
(c) Cooperation.--The activities carried out under
subsection (b) shall include collaborative efforts with State
and local government officials and the private sector.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall submit
to Congress a report describing the effectiveness of the
activities authorized under this section.
SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
(a) Critical Electric Infrastructure Security.--Part II of
the Federal Power Act (16 U.S.C. 824 et seq.) is amended by
adding after section 215 the following new section:
``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
``(a) Definitions.--For purposes of this section:
``(1) Bulk-power system; electric reliability organization;
regional entity.--The terms `bulk-power system', `Electric
Reliability Organization', and `regional entity' have the
meanings given such terms in paragraphs (1), (2), and (7) of
section 215(a), respectively.
``(2) Critical electric infrastructure.--The term `critical
electric infrastructure' means a system or asset of the bulk-
power system, whether physical or virtual, the incapacity or
destruction of which would negatively affect national
security, economic security, public health or safety, or any
combination of such matters.
``(3) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
information related to critical electric infrastructure, or
proposed critical electrical infrastructure, generated by or
provided to the Commission or other Federal agency, other
than classified national security information, that is
designated as critical electric infrastructure information by
the Commission under subsection (d)(2). Such term includes
information that qualifies as critical energy infrastructure
information under the Commission's regulations.
``(4) Defense critical electric infrastructure.--The term
`defense critical electric infrastructure' means any electric
infrastructure located in the United States (including the
territories) that serves a facility designated by the
Secretary pursuant to subsection (c), but is not owned or
operated by the owner or operator of such facility.
``(5) Electromagnetic pulse.--The term `electromagnetic
pulse' means 1 or more pulses of electromagnetic energy
emitted by a device capable of disabling or disrupting
operation of, or destroying, electronic devices or
communications networks, including hardware, software, and
data, by means of such a pulse.
``(6) Geomagnetic storm.--The term `geomagnetic storm'
means a temporary disturbance of the Earth's magnetic field
resulting from solar activity.
``(7) Grid security emergency.--The term `grid security
emergency' means the occurrence or imminent danger of--
``(A)(i) a malicious act using electronic communication or
an electromagnetic pulse, or a geomagnetic storm event, that
could disrupt the operation of those electronic devices or
communications networks, including hardware, software, and
data, that are essential to the reliability of critical
electric infrastructure or of defense critical electric
infrastructure; and
``(ii) disruption of the operation of such devices or
networks, with significant adverse effects on the reliability
of critical electric infrastructure or of defense critical
electric infrastructure, as a result of such act or event; or
``(B)(i) a direct physical attack on critical electric
infrastructure or on defense critical electric
infrastructure; and
``(ii) significant adverse effects on the reliability of
critical electric infrastructure or of defense critical
electric infrastructure as a result of such physical attack.
``(8) Grid security vulnerability.--The term `grid security
vulnerability' means a weakness that, in the event of a
malicious act using an electromagnetic pulse, would pose a
substantial risk of disruption to the operation of those
electrical or electronic devices or communications networks,
including hardware, software, and data, that are essential to
the reliability of the bulk-power system.
``(9) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Authority To Address Grid Security Emergency.--
``(1) Authority.--Whenever the President issues and
provides to the Secretary a written directive or
determination identifying a grid security emergency, the
Secretary may, with or without notice, hearing, or report,
issue such orders for emergency measures as are necessary in
the judgment of the Secretary to protect or restore the
reliability of critical electric infrastructure or of defense
critical electric infrastructure during such emergency. As
soon as practicable but not later than 180 days after the
date of enactment of this section, the Secretary shall, after
notice and opportunity for comment, establish rules of
procedure that ensure that such authority can be exercised
expeditiously.
``(2) Notification of congress.--Whenever the President
issues and provides to the Secretary a written directive or
determination under paragraph (1), the President shall
promptly notify congressional committees of relevant
jurisdiction, including the Committee on Energy and Commerce
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate, of the contents of, and
justification for, such directive or determination.
``(3) Consultation.--Before issuing an order for emergency
measures under paragraph (1), the Secretary shall, to the
extent practicable in light of the nature of the grid
security emergency and the urgency of the need for action,
[[Page H3123]]
consult with appropriate governmental authorities in Canada
and Mexico, entities described in paragraph (4), the
Electricity Sub-sector Coordinating Council, the Commission,
and other appropriate Federal agencies regarding
implementation of such emergency measures.
``(4) Application.--An order for emergency measures under
this subsection may apply to--
``(A) the Electric Reliability Organization;
``(B) a regional entity; or
``(C) any owner, user, or operator of critical electric
infrastructure or of defense critical electric infrastructure
within the United States.
``(5) Expiration and reissuance.--
``(A) In general.--Except as provided in subparagraph (B),
an order for emergency measures issued under paragraph (1)
shall expire no later than 15 days after its issuance.
``(B) Extensions.--The Secretary may reissue an order for
emergency measures issued under paragraph (1) for subsequent
periods, not to exceed 15 days for each such period, provided
that the President, for each such period, issues and provides
to the Secretary a written directive or determination that
the grid security emergency identified under paragraph (1)
continues to exist or that the emergency measure continues to
be required.
``(6) Cost recovery.--
``(A) Critical electric infrastructure.--If the Commission
determines that owners, operators, or users of critical
electric infrastructure have incurred substantial costs to
comply with an order for emergency measures issued under this
subsection and that such costs were prudently incurred and
cannot reasonably be recovered through regulated rates or
market prices for the electric energy or services sold by
such owners, operators, or users, the Commission shall,
consistent with the requirements of section 205, after notice
and an opportunity for comment, establish a mechanism that
permits such owners, operators, or users to recover such
costs.
``(B) Defense critical electric infrastructure.--To the
extent the owner or operator of defense critical electric
infrastructure is required to take emergency measures
pursuant to an order issued under this subsection, the owners
or operators of a critical defense facility or facilities
designated by the Secretary pursuant to subsection (c) that
rely upon such infrastructure shall bear the full incremental
costs of the measures.
``(7) Temporary access to classified information.--The
Secretary, and other appropriate Federal agencies, shall, to
the extent practicable and consistent with their obligations
to protect classified information, provide temporary access
to classified information related to a grid security
emergency for which emergency measures are issued under
paragraph (1) to key personnel of any entity subject to such
emergency measures to enable optimum communication between
the entity and the Secretary and other appropriate Federal
agencies regarding the grid security emergency.
``(c) Designation of Critical Defense Facilities.--Not
later than 180 days after the date of enactment of this
section, the Secretary, in consultation with other
appropriate Federal agencies and appropriate owners, users,
or operators of infrastructure that may be defense critical
electric infrastructure, shall identify and designate
facilities located in the United States (including the
territories) that are--
``(1) critical to the defense of the United States; and
``(2) vulnerable to a disruption of the supply of electric
energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal
agencies and appropriate owners, users, or operators of
defense critical electric infrastructure, periodically revise
the list of designated facilities as necessary.
``(d) Protection and Sharing of Critical Electric
Infrastructure Information.--
``(1) Protection of critical electric infrastructure
information.--Critical electric infrastructure information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any Federal, State,
political subdivision or tribal authority pursuant to any
Federal, State, political subdivision or tribal law requiring
public disclosure of information or records.
``(2) Designation and sharing of critical electric
infrastructure information.--Not later than one year after
the date of enactment of this section, the Commission, in
consultation with the Secretary of Energy, shall promulgate
such regulations and issue such orders as necessary to--
``(A) designate information as critical electric
infrastructure information;
``(B) prohibit the unauthorized disclosure of critical
electric infrastructure information;
``(C) ensure there are appropriate sanctions in place for
Commissioners, officers, employees, or agents of the
Commission who knowingly and willfully disclose critical
electric infrastructure information in a manner that is not
authorized under this section; and
``(D) taking into account standards of the Electric
Reliability Organization, facilitate voluntary sharing of
critical electric infrastructure information with, between,
and by--
``(i) Federal, State, political subdivision, and tribal
authorities;
``(ii) the Electric Reliability Organization;
``(iii) regional entities;
``(iv) information sharing and analysis centers established
pursuant to Presidential Decision Directive 63;
``(v) owners, operators, and users of critical electric
infrastructure in the United States; and
``(vi) other entities determined appropriate by the
Commission.
``(3) Considerations.--In promulgating regulations and
issuing orders under paragraph (2), the Commission shall take
into consideration the role of State commissions in reviewing
the prudence and cost of investments, determining the rates
and terms of conditions for electric services, and ensuring
the safety and reliability of the bulk-power system and
distribution facilities within their respective
jurisdictions.
``(4) Protocols.--The Commission shall, in consultation
with Canadian and Mexican authorities, develop protocols for
the voluntary sharing of critical electric infrastructure
information with Canadian and Mexican authorities and owners,
operators, and users of the bulk-power system outside the
United States.
``(5) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of
critical electric infrastructure information to share such
information with Federal, State, political subdivision, or
tribal authorities, or any other person or entity.
``(6) Submission of information to congress.--Nothing in
this section shall permit or authorize the withholding of
information from Congress, any committee or subcommittee
thereof, or the Comptroller General.
``(7) Disclosure of protected information.--In implementing
this section, the Commission shall segregate critical
electric infrastructure information or information that
reasonably could be expected to lead to the disclosure of the
critical electric infrastructure information within documents
and electronic communications, wherever feasible, to
facilitate disclosure of information that is not designated
as critical electric infrastructure information.
``(8) Duration of designation.--Information may not be
designated as critical electric infrastructure information
for longer than 5 years, unless specifically re-designated by
the Commission.
``(9) Removal of designation.--The Commission shall remove
the designation of critical electric infrastructure
information, in whole or in part, from a document or
electronic communication if the Commission determines that
the unauthorized disclosure of such information could no
longer be used to impair the security or reliability of the
bulk-power system or distribution facilities.
``(10) Judicial review of designations.--Notwithstanding
section 313(b), any determination by the Commission
concerning the designation of critical electric
infrastructure information under this subsection shall be
subject to review under chapter 7 of title 5, United States
Code, except that such review shall be brought in the
district court of the United States in the district in which
the complainant resides, or has his principal place of
business, or in the District of Columbia. In such a case the
court shall examine in camera the contents of documents or
electronic communications that are the subject of the
determination under review to determine whether such
documents or any part thereof were improperly designated or
not designated as critical electric infrastructure
information.
``(e) Measures to Address Grid Security Vulnerabilities.--
``(1) Commission authority.--
``(A) Reliability standards.--If the Commission, in
consultation with appropriate Federal agencies, identifies a
grid security vulnerability that the Commission determines
has not adequately been addressed through a reliability
standard developed and approved under section 215, the
Commission shall, after notice and opportunity for comment
and after consultation with the Secretary, other appropriate
Federal agencies, and appropriate governmental authorities in
Canada and Mexico, issue an order directing the Electric
Reliability Organization to submit to the Commission for
approval under section 215, not later than 30 days after the
issuance of such order, a reliability standard requiring
implementation, by any owner, operator, or user of the bulk-
power system in the United States, of measures to protect the
bulk-power system against such vulnerability. Any such
standard shall include a protection plan, including automated
hardware-based solutions. The Commission shall approve a
reliability standard submitted pursuant to this subparagraph,
unless the Commission determines that such reliability
standard does not adequately protect against such
vulnerability or otherwise does not satisfy the requirements
of section 215.
``(B) Measures to address grid security vulnerabilities.--
If the Commission, after notice and opportunity for comment
and after consultation with the Secretary, other appropriate
Federal agencies, and appropriate governmental authorities in
Canada and Mexico, determines that the reliability standard
submitted by the Electric Reliability Organization to address
a grid security vulnerability identified under subparagraph
(A) does not adequately protect the bulk-power system against
such vulnerability, the Commission shall promulgate a rule or
issue an order requiring implementation, by any owner,
operator, or user of the bulk-power system in the United
States, of measures to protect the bulk-power system against
such vulnerability. Any such rule or order shall include a
protection plan, including automated hardware-based
solutions. Before promulgating a rule or issuing an order
under this subparagraph, the Commission shall, to the extent
practicable in light of the urgency of the need for action to
address the grid security vulnerability, request and consider
recommendations from the Electric Reliability Organization
regarding such rule or order. The Commission may establish an
appropriate deadline for the submission of such
recommendations.
``(2) Rescission.--The Commission shall approve a
reliability standard developed under section 215 that
addresses a grid security vulnerability that is the subject
of a rule or order under paragraph (1)(B), unless the
Commission determines that such reliability standard does
[[Page H3124]]
not adequately protect against such vulnerability or
otherwise does not satisfy the requirements of section 215.
Upon such approval, the Commission shall rescind the rule
promulgated or order issued under paragraph (1)(B) addressing
such vulnerability, effective upon the effective date of the
newly approved reliability standard.
``(3) Geomagnetic storms and electromagnetic pulse.--Not
later than 6 months after the date of enactment of this
section, the Commission shall, after notice and an
opportunity for comment and after consultation with the
Secretary and other appropriate Federal agencies, issue an
order directing the Electric Reliability Organization to
submit to the Commission for approval under section 215, not
later than 6 months after the issuance of such order,
reliability standards adequate to protect the bulk-power
system from any reasonably foreseeable geomagnetic storm or
electromagnetic pulse event. The Commission's order shall
specify the nature and magnitude of the reasonably
foreseeable events against which such standards must protect.
Such standards shall appropriately balance the risks to the
bulk-power system associated with such events, including any
regional variation in such risks, the costs of mitigating
such risks, and the priorities and timing associated with
implementation. If the Commission determines that the
reliability standards submitted by the Electric Reliability
Organization pursuant to this paragraph are inadequate, the
Commission shall promulgate a rule or issue an order adequate
to protect the bulk-power system from geomagnetic storms or
electromagnetic pulse as required under paragraph (1)(B).
``(4) Large transformer availability.--Not later than 1
year after the date of enactment of this section, the
Commission shall, after notice and an opportunity for comment
and after consultation with the Secretary and other
appropriate Federal agencies, issue an order directing the
Electric Reliability Organization to submit to the Commission
for approval under section 215, not later than 1 year after
the issuance of such order, reliability standards addressing
availability of large transformers. Such standards shall
require entities that own or operate large transformers to
ensure, individually or jointly, adequate availability of
large transformers to promptly restore the reliable operation
of the bulk-power system in the event that any such
transformer is destroyed or disabled as a result of a
geomagnetic storm event or electromagnetic pulse event. The
Commission's order shall specify the nature and magnitude of
the reasonably foreseeable events that shall provide the
basis for such standards. Such standards shall--
``(A) provide entities subject to the standards with the
option of meeting such standards individually or jointly; and
``(B) appropriately balance the risks associated with a
reasonably foreseeable event, including any regional
variation in such risks, and the costs of ensuring adequate
availability of spare transformers.
``(5) Certain federal entities.--For the 11-year period
commencing on the date of enactment of this section, the
Tennessee Valley Authority and the Bonneville Power
Administration shall be exempt from any requirement under
this subsection.
``(f) Security Clearances.--The Secretary shall facilitate
and, to the extent practicable, expedite the acquisition of
adequate security clearances by key personnel of any entity
subject to the requirements of this section, to enable
optimum communication with Federal agencies regarding threats
to the security of the critical electric infrastructure. The
Secretary, the Commission, and other appropriate Federal
agencies shall, to the extent practicable and consistent with
their obligations to protect classified and critical electric
infrastructure information, share timely actionable
information regarding grid security with appropriate key
personnel of owners, operators, and users of the critical
electric infrastructure.
``(g) Clarifications of Liability.--
``(1) Compliance with or violation of this act.--Except as
provided in paragraph (4), to the extent any action or
omission taken by an entity that is necessary to comply with
an order for emergency measures issued under subsection
(b)(1), including any action or omission taken to voluntarily
comply with such order, results in noncompliance with, or
causes such entity not to comply with any rule, order,
regulation, or provision of this Act, including any
reliability standard approved by the Commission pursuant to
section 215, such action or omission shall not be considered
a violation of such rule, order, regulation, or provision.
``(2) Relation to section 202(c).--Except as provided in
paragraph (4), an action or omission taken by an owner,
operator, or user of critical electric infrastructure or of
defense critical electric infrastructure to comply with an
order for emergency measures issued under subsection (b)(1)
shall be treated as an action or omission taken to comply
with an order issued under section 202(c) for purposes of
such section.
``(3) Sharing or receipt of information.--No cause of
action shall lie or be maintained in any Federal or State
court for the sharing or receipt of information under, and
that is conducted in accordance with, subsection (d).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to require dismissal of a cause of action
against an entity that, in the course of complying with an
order for emergency measures issued under subsection (b)(1)
by taking an action or omission for which they would be
liable but for paragraph (1) or (2), takes such action or
omission in a grossly negligent manner.''.
(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,''
after ``215,'' each place it appears.
(2) Public utility.--Section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)) is amended by inserting ``215A,''
after ``215,''.
SEC. 1105. STRATEGIC TRANSFORMER RESERVE.
(a) Finding.--Congress finds that the storage of
strategically located spare large power transformers and
emergency mobile substations will reduce the vulnerability of
the United States to multiple risks facing electric grid
reliability, including physical attack, cyber attack,
electromagnetic pulse, geomagnetic disturbances, severe
weather, and seismic events.
(b) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has
the meaning given such term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) Critically damaged large power transformer.--The term
``critically damaged large power transformer'' means a large
power transformer that--
(A) has sustained extensive damage such that--
(i) repair or refurbishment is not economically viable; or
(ii) the extensive time to repair or refurbish the large
power transformer would create an extended period of
instability in the bulk-power system; and
(B) prior to sustaining such damage, was part of the bulk-
power system.
(3) Critical electric infrastructure.--The term ``critical
electric infrastructure'' has the meaning given that term in
section 215A of the Federal Power Act.
(4) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given such term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(5) Emergency mobile substation.--The term ``emergency
mobile substation'' means a mobile substation or mobile
transformer that is--
(A) assembled and permanently mounted on a trailer that is
capable of highway travel and meets relevant Department of
Transportation regulations; and
(B) intended for express deployment and capable of being
rapidly placed into service.
(6) Large power transformer.--The term ``large power
transformer'' means a power transformer with a maximum
nameplate rating of 100 megavolt-amperes or higher, including
related critical equipment, that is, or is intended to be, a
part of the bulk-power system.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Spare large power transformer.--The term ``spare large
power transformer'' means a large power transformer that is
stored within the Strategic Transformer Reserve to be
available to temporarily replace a critically damaged large
power transformer.
(c) Strategic Transformer Reserve Plan.--
(1) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Office of Electricity Delivery and Energy Reliability, shall,
in consultation with the Federal Energy Regulatory
Commission, the Electricity Sub-sector Coordinating Council,
the Electric Reliability Organization, and owners and
operators of critical electric infrastructure and defense and
military installations, prepare and submit to Congress a plan
to establish a Strategic Transformer Reserve for the storage,
in strategically located facilities, of spare large power
transformers and emergency mobile substations in sufficient
numbers to temporarily replace critically damaged large power
transformers and substations that are critical electric
infrastructure or serve defense and military installations.
(2) Inclusions.--The Strategic Transformer Reserve plan
shall include a description of--
(A) the appropriate number and type of spare large power
transformers necessary to provide or restore sufficient
resiliency to the bulk-power system, critical electric
infrastructure, and defense and military installations to
mitigate significant impacts to the electric grid resulting
from--
(i) physical attack;
(ii) cyber attack;
(iii) electromagnetic pulse attack;
(iv) geomagnetic disturbances;
(v) severe weather; or
(vi) seismic events;
(B) other critical electric grid equipment for which an
inventory of spare equipment, including emergency mobile
substations, is necessary to provide or restore sufficient
resiliency to the bulk-power system, critical electric
infrastructure, and defense and military installations;
(C) the degree to which utility sector actions or
initiatives, including individual utility ownership of spare
equipment, joint ownership of spare equipment inventory,
sharing agreements, or other spare equipment reserves or
arrangements, satisfy the needs identified under
subparagraphs (A) and (B);
(D) the potential locations for, and feasibility and
appropriate number of, strategic storage locations for
reserve equipment, including consideration of--
(i) the physical security of such locations;
(ii) the protection of the confidentiality of such
locations; and
(iii) the proximity of such locations to sites of
potentially critically damaged large power transformers and
substations that are critical electric infrastructure or
serve defense and military installations, so as to enable
efficient delivery of equipment to such sites;
(E) the necessary degree of flexibility of spare large
power transformers to be included in the Strategic
Transformer Reserve to conform to different substation
configurations, including consideration of transformer--
(i) power and voltage rating for each winding;
(ii) overload requirements;
(iii) impedance between windings;
[[Page H3125]]
(iv) configuration of windings; and
(v) tap requirements;
(F) an estimate of the direct cost of the Strategic
Transformer Reserve, as proposed, including--
(i) the cost of storage facilities;
(ii) the cost of the equipment; and
(iii) management, maintenance, and operation costs;
(G) the funding options available to establish, stock,
manage, and maintain the Strategic Transformer Reserve,
including consideration of fees on owners and operators of
bulk-power system facilities, critical electric
infrastructure, and defense and military installations
relying on the Strategic Transformer Reserve, use of Federal
appropriations, and public-private cost-sharing options;
(H) the ease and speed of transportation, installation, and
energization of spare large power transformers to be included
in the Strategic Transformer Reserve, including consideration
of factors such as--
(i) transformer transportation weight;
(ii) transformer size;
(iii) topology of critical substations;
(iv) availability of appropriate transformer mounting pads;
(v) flexibility of the spare large power transformers as
described in subparagraph (E); and
(vi) ability to rapidly transition a spare large power
transformer from storage to energization;
(I) eligibility criteria for withdrawal of equipment from
the Strategic Transformer Reserve;
(J) the process by which owners or operators of critically
damaged large power transformers or substations that are
critical electric infrastructure or serve defense and
military installations may apply for a withdrawal from the
Strategic Transformer Reserve;
(K) the process by which equipment withdrawn from the
Strategic Transformer Reserve is returned to the Strategic
Transformer Reserve or is replaced;
(L) possible fees to be paid by users of equipment
withdrawn from the Strategic Transformer Reserve;
(M) possible fees to be paid by owners and operators of
large power transformers and substations that are critical
electric infrastructure or serve defense and military
installations to cover operating costs of the Strategic
Transformer Reserve;
(N) the domestic and international large power transformer
supply chain;
(O) the potential reliability, cost, and operational
benefits of including emergency mobile substations in any
Strategic Transformer Reserve established under this section;
and
(P) other considerations for designing, constructing,
stocking, funding, and managing the Strategic Transformer
Reserve.
(d) Establishment.--The Secretary may establish a Strategic
Transformer Reserve in accordance with the plan prepared
pursuant to subsection (c) after the date that is 6 months
after the date on which such plan is submitted to Congress.
(e) Disclosure of Information.--Any information included in
the Strategic Transformer Reserve plan, or shared in the
preparation and development of such plan, the disclosure of
which the agency reasonably foresees would cause harm to
critical electric infrastructure, shall be deemed to be
critical electric infrastructure information for purposes of
section 215A(d) of the Federal Power Act.
SEC. 1106. CYBER SENSE.
(a) In General.--The Secretary of Energy shall establish a
voluntary Cyber Sense program to identify and promote cyber-
secure products intended for use in the bulk-power system, as
defined in section 215(a) of the Federal Power Act (16 U.S.C.
824o(a)).
(b) Program Requirements.--In carrying out subsection (a),
the Secretary of Energy shall--
(1) establish a Cyber Sense testing process to identify
products and technologies intended for use in the bulk-power
system, including products relating to industrial control
systems, such as supervisory control and data acquisition
systems;
(2) for products tested and identified under the Cyber
Sense program, establish and maintain cybersecurity
vulnerability reporting processes and a related database;
(3) promulgate regulations regarding vulnerability
reporting processes for products tested and identified under
the Cyber Sense program;
(4) provide technical assistance to utilities, product
manufacturers, and other electric sector stakeholders to
develop solutions to mitigate identified vulnerabilities in
products tested and identified under the Cyber Sense program;
(5) biennially review products tested and identified under
the Cyber Sense program for vulnerabilities and provide
analysis with respect to how such products respond to and
mitigate cyber threats;
(6) develop procurement guidance for utilities for products
tested and identified under the Cyber Sense program;
(7) provide reasonable notice to the public, and solicit
comments from the public, prior to establishing or revising
the Cyber Sense testing process;
(8) oversee Cyber Sense testing carried out by third
parties; and
(9) consider incentives to encourage the use in the bulk-
power system of products tested and identified under the
Cyber Sense program.
(c) Disclosure of Information.--Any vulnerability reported
pursuant to regulations promulgated under subsection (b)(3),
the disclosure of which the agency reasonably foresees would
cause harm to critical electric infrastructure (as defined in
section 215A of the Federal Power Act), shall be deemed to be
critical electric infrastructure information for purposes of
section 215A(d) of the Federal Power Act.
(d) Federal Government Liability.--Consistent with other
voluntary Federal Government certification programs, nothing
in this section shall be construed to authorize the
commencement of an action against the United States
Government with respect to the testing and identification of
a product under the Cyber Sense program.
SEC. 1107. STATE COVERAGE AND CONSIDERATION OF PURPA
STANDARDS FOR ELECTRIC UTILITIES.
(a) State Consideration of Resiliency and Advanced Energy
Analytics Technologies and Reliable Generation.--
(1) Consideration.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is
amended by adding the following at the end:
``(20) Improving the resilience of electric
infrastructure.--
``(A) In general.--Each electric utility shall develop a
plan to use resiliency-related technologies, upgrades,
measures, and other approaches designed to improve the
resilience of electric infrastructure, mitigate power
outages, continue delivery of vital services, and maintain
the flow of power to facilities critical to public health,
safety, and welfare, to the extent practicable using the most
current data, metrics, and frameworks related to current and
future threats, including physical and cyber attacks,
electromagnetic pulse attacks, geomagnetic disturbances,
seismic events, and severe weather and other environmental
stressors.
``(B) Resiliency-related technologies.--For purposes of
this paragraph, examples of resiliency-related technologies,
upgrades, measures, and other approaches include--
``(i) hardening, or other enhanced protection, of utility
poles, wiring, cabling, and other distribution components,
facilities, or structures;
``(ii) advanced grid technologies capable of isolating or
repairing problems remotely, such as advanced metering
infrastructure, high-tech sensors, grid monitoring and
control systems, and remote reconfiguration and redundancy
systems;
``(iii) cybersecurity products and components;
``(iv) distributed generation, including back-up generation
to power critical facilities and essential services, and
related integration components, such as advanced inverter
technology;
``(v) microgrid systems, including hybrid microgrid systems
for isolated communities;
``(vi) combined heat and power;
``(vii) waste heat resources;
``(viii) non-grid-scale energy storage technologies;
``(ix) wiring, cabling, and other distribution components,
including submersible distribution components, and
enclosures;
``(x) electronically controlled reclosers and similar
technologies for power restoration, including emergency
mobile substations, as defined in section 1105 of the North
American Energy Security and Infrastructure Act of 2016;
``(xi) advanced energy analytics technology, such as
Internet-based and cloud-based computing solutions and
subscription licensing models;
``(xii) measures that enhance resilience through planning,
preparation, response, and recovery activities;
``(xiii) operational capabilities to enhance resilience
through rapid response recovery; and
``(xiv) measures to ensure availability of key critical
components through contracts, cooperative agreements,
stockpiling and prepositioning, or other measures.
``(C) Rate recovery.--Each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) shall consider authorizing each such electric
utility to recover any capital, operating expenditure, or
other costs of the electric utility related to the
procurement, deployment, or use of resiliency-related
technologies, including a reasonable rate of return on the
capital expenditures of the electric utility for the
procurement, deployment, or use of resiliency-related
technologies.
``(21) Promoting investments in advanced energy analytics
technology.--
``(A) In general.--Each electric utility shall develop and
implement a plan for deploying advanced energy analytics
technology.
``(B) Rate recovery.--Each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) shall consider confirming and clarifying, if
necessary, that each such electric utility is authorized to
recover the costs of the electric utility relating to the
procurement, deployment, or use of advanced energy analytics
technology, including a reasonable rate of return on all such
costs incurred by the electric utility for the procurement,
deployment, or use of advanced energy analytics technology,
provided such technology is used by the electric utility for
purposes of realizing operational efficiencies, cost savings,
enhanced energy management and customer engagement,
improvements in system reliability, safety, and
cybersecurity, or other benefits to ratepayers.
``(C) Advanced energy analytics technology.--For purposes
of this paragraph, examples of advanced energy analytics
technology include Internet-based and cloud-based computing
solutions and subscription licensing models, including
software as a service that uses cyber-physical systems to
allow the correlation of data aggregated from appropriate
data sources and smart grid sensor networks, employs
analytics and machine learning, or employs other advanced
computing solutions and models.
``(22) Assuring electric reliability with reliable
generation.--
``(A) Assurance of electric reliability.--Each electric
utility shall adopt or modify policies to ensure that such
electric utility incorporates reliable generation into its
integrated resource plan to assure the availability of
electric energy over a 10-year planning period.
``(B) Reliable generation.--For purposes of this paragraph,
`reliable generation' means electric generation facilities
with reliability attributes that include--
[[Page H3126]]
``(i)(I) possession of adequate fuel on-site to enable
operation for an extended period of time;
``(II) the operational ability to generate electric energy
from more than one source; or
``(III) fuel certainty, through firm contractual
obligations (which may not be required to be for a period
longer than one year), that ensures adequate fuel supply to
enable operation, for an extended period of time, for the
duration of an emergency or severe weather conditions;
``(ii) operational characteristics that enable the
generation of electric energy for the duration of an
emergency or severe weather conditions; and
``(iii) unless procured through other procurement
mechanisms, essential reliability services, including
frequency support and regulation services.
``(23) Subsidization of customer-side technology.--
``(A) Consideration.--To the extent that a State regulatory
authority may require or allow rates charged by any electric
utility for which it has ratemaking authority to electric
consumers that do not use a customer-side technology to
include any cost, fee, or charge that directly or indirectly
cross-subsidizes the deployment, construction, maintenance,
or operation of that customer-side technology, such authority
shall evaluate whether subsidizing the deployment,
construction, maintenance, or operation of a customer-side
technology would--
``(i) result in benefits predominately enjoyed by only the
users of that customer-side technology;
``(ii) shift costs of a customer-side technology to
electricity consumers that do not use that customer-side
technology, particularly where disparate economic or resource
conditions exist among the electricity consumers cross-
subsidizing the costumer-side technology;
``(iii) negatively affect resource utilization, fuel
diversity, or grid security;
``(iv) provide any unfair competitive advantage to market
the customer-side technology; and
``(v) be necessary to fulfill an obligation to serve
electric consumers.
``(B) Public notice.--Each State regulatory authority shall
make available to the public the evaluation completed under
subparagraph (A) at least 90 days prior to any proceedings in
which such authority considers the cross-subsidization of a
customer-side technology.
``(C) Customer-side technology.--For purposes of this
paragraph, the term `customer-side technology' means a device
connected to the electricity distribution system--
``(i) at, or on the customer side of, the meter; or
``(ii) that, if owned or operated by or on behalf of an
electric utility, would otherwise be at, or on the customer
side of, the meter.''.
(2) Compliance.--
(A) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility, as
applicable, shall commence the consideration referred to in
section 111, or set a hearing date for consideration, with
respect to the standards established by paragraphs (20),
(22), and (23) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility,
as applicable, shall complete the consideration, and shall
make the determination, referred to in section 111 with
respect to each standard established by paragraphs (20),
(22), and (23) of section 111(d).
``(8)(A) Not later than 6 months after the date of
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility
shall commence the consideration referred to in section 111,
or set a hearing date for consideration, with respect to the
standard established by paragraph (21) of section 111(d).
``(B) Not later than 1 year after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility shall
complete the consideration, and shall make the determination,
referred to in section 111 with respect to the standard
established by paragraph (21) of section 111(d).''.
(B) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c))
is amended by adding the following at the end: ``In the case
of the standards established by paragraphs (20) through (23)
of section 111(d), the reference contained in this subsection
to the date of enactment of this Act shall be deemed to be a
reference to the date of enactment of such paragraphs.''.
(C) Prior state actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
by adding at the end the following new subsection:
``(g) Prior State Actions.--Subsections (b) and (c) of this
section shall not apply to a standard established by
paragraph (20), (21), (22), or (23) of section 111(d) in the
case of any electric utility in a State if--
``(1) before the date of enactment of this subsection, the
State has implemented for such utility the standard concerned
(or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard
concerned (or a comparable standard) for such utility during
the 3-year period ending on the date of enactment of this
subsection; or
``(3) the State legislature has voted on the implementation
of the standard concerned (or a comparable standard) for such
utility during the 3-year period ending on the date of
enactment of this subsection.''.
(b) Coverage for Competitive Markets.--Section 102 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2612) is amended by adding at the end the following:
``(d) Coverage for Competitive Markets.--The requirements
of this title do not apply to the operations of an electric
utility, or to proceedings respecting such operations, to the
extent that such operations or proceedings, or any portion
thereof, relate to the competitive sale of retail electric
energy that is unbundled or separated from the regulated
provision or sale of distribution service.''.
SEC. 1108. RELIABILITY ANALYSIS FOR CERTAIN RULES THAT AFFECT
ELECTRIC GENERATING FACILITIES.
(a) Applicability.--This section shall apply with respect
to any proposed or final covered rule issued by a Federal
agency for which compliance with the rule may impact an
electric utility generating unit or units, including by
resulting in closure or interruption to operations of such a
unit or units.
(b) Reliability Analysis.--
(1) Analysis of rules.--The Federal Energy Regulatory
Commission, in consultation with the Electric Reliability
Organization, shall conduct an independent reliability
analysis of a proposed or final covered rule under this
section to evaluate the anticipated effects of implementation
and enforcement of the rule on--
(A) electric reliability and resource adequacy;
(B) the electricity generation portfolio of the United
States;
(C) the operation of wholesale electricity markets; and
(D) energy delivery and infrastructure, including electric
transmission facilities and natural gas pipelines.
(2) Relevant information.--
(A) Materials from federal agencies.--A Federal agency
shall provide to the Commission materials and information
relevant to the analysis required under paragraph (1) for a
rule, including relevant data, modeling, and resource
adequacy and reliability assessments, prepared or relied upon
by such agency in developing the rule.
(B) Analyses from other entities.--The Electric Reliability
Organization, regional entities, regional transmission
organizations, independent system operators, and other
reliability coordinators and planning authorities shall
timely conduct analyses and provide such information as may
be reasonably requested by the Commission.
(3) Notice.--A Federal agency shall provide to the
Commission notice of the issuance of any proposed or final
covered rule not later than 15 days after the date of such
issuance.
(c) Proposed Rules.--Not later than 150 days after the date
of publication in the Federal Register of a proposed rule
described in subsection (a), the Federal Energy Regulatory
Commission shall make available to the public an analysis of
the proposed rule conducted in accordance with subsection
(b), and any relevant special assessment or seasonal or long-
term reliability assessment completed by the Electric
Reliability Organization.
(d) Final Rules.--
(1) Inclusion.--A final rule described in subsection (a)
shall include, if available at the time of issuance, a copy
of the analysis conducted pursuant to subsection (c) of the
rule as proposed.
(2) Analysis.--Not later than 120 days after the date of
publication in the Federal Register of a final rule described
in subsection (a), the Federal Energy Regulatory Commission
shall make available to the public an analysis of the final
rule conducted in accordance with subsection (b), and any
relevant special assessment or seasonal or long-term
reliability assessment completed by the Electric Reliability
Organization.
(e) Definitions.--In this section:
(1) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given to such term
in section 215(a) of the Federal Power Act (16 U.S.C.
824o(a)).
(2) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551 of title 5,
United States Code.
(3) Covered rule.--The term ``covered rule'' means a
proposed or final rule that is estimated by the Federal
agency issuing the rule, or the Director of the Office of
Management and Budget, to result in an annual effect on the
economy of $1,000,000,000 or more.
SEC. 1109. INCREASED ACCOUNTABILITY WITH RESPECT TO CARBON
CAPTURE, UTILIZATION, AND SEQUESTRATION
PROJECTS.
(a) DOE Evaluation.--
(1) In general.--The Secretary of Energy (in this section
referred to as the ``Secretary'') shall, in accordance with
this section, annually conduct an evaluation, and make
recommendations, with respect to each project conducted by
the Secretary for research, development, demonstration, or
deployment of carbon capture, utilization, and sequestration
technologies (also known as carbon capture and storage and
utilization technologies).
(2) Scope.--For purposes of this section, a project
includes any contract, lease, cooperative agreement, or other
similar transaction with a public agency or private
organization or person, entered into or performed, or any
payment made, by the Secretary for research, development,
demonstration, or deployment of carbon capture, utilization,
and sequestration technologies.
[[Page H3127]]
(b) Requirements for Evaluation.--In conducting an
evaluation of a project under this section, the Secretary
shall--
(1) examine if the project has made advancements toward
achieving any specific goal of the project with respect to a
carbon capture, utilization, and sequestration technology;
and
(2) evaluate and determine if the project has made
significant progress in advancing a carbon capture,
utilization, and sequestration technology.
(c) Recommendations.--For each evaluation of a project
conducted under this section, if the Secretary determines
that--
(1) significant progress in advancing a carbon capture,
utilization, and sequestration technology has been made, the
Secretary shall assess the funding of the project and make a
recommendation as to whether increased funding is necessary
to advance the project; or
(2) significant progress in advancing a carbon capture,
utilization, and sequestration technology has not been made,
the Secretary shall--
(A) assess the funding of the project and make a
recommendation as to whether increased funding is necessary
to advance the project;
(B) assess and determine if the project has reached its
full potential; and
(C) make a recommendation as to whether the project should
continue.
(d) Reports.--
(1) Report on evaluations and recommendations.--Not later
than 2 years after the date of enactment of this Act, and
every 2 years thereafter, the Secretary shall--
(A) issue a report on the evaluations conducted and
recommendations made during the previous year pursuant to
this section; and
(B) make each such report available on the Internet website
of the Department of Energy.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, and every 3 years thereafter, the
Secretary shall submit to the Subcommittee on Energy and
Power of the Committee on Energy and Commerce and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources and the Committee on Commerce, Science, and
Transportation of the Senate a report on--
(A) the evaluations conducted and recommendations made
during the previous 3 years pursuant to this section; and
(B) the progress of the Department of Energy in advancing
carbon capture, utilization, and sequestration technologies,
including progress in achieving the Department of Energy's
goal of having an array of advanced carbon capture and
sequestration technologies ready by 2020 for large-scale
demonstration.
SEC. 1110. RELIABILITY AND PERFORMANCE ASSURANCE IN REGIONAL
TRANSMISSION ORGANIZATIONS.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.),
as amended by section 1104, is further amended by adding
after section 215A the following new section:
``SEC. 215B. RELIABILITY AND PERFORMANCE ASSURANCE IN
REGIONAL TRANSMISSION ORGANIZATIONS.
``(a) Existing Capacity Markets.--
``(1) Analysis concerning capacity market design.--Not
later than 180 days after the date of enactment of this
section, each Regional Transmission Organization, and each
Independent System Operator, that operates a capacity market,
or a comparable market intended to ensure the procurement and
availability of sufficient future electric energy resources,
that is subject to the jurisdiction of the Commission, shall
provide to the Commission an analysis of how the structure of
such market meets the following criteria:
``(A) The structure of such market utilizes competitive
market forces to the extent practicable in procuring capacity
resources.
``(B) Consistent with subparagraph (A), the structure of
such market includes resource-neutral performance criteria
that ensure the procurement of sufficient capacity from
physical generation facilities that have reliability
attributes that include--
``(i)(I) possession of adequate fuel on-site to enable
operation for an extended period of time;
``(II) the operational ability to generate electric energy
from more than one fuel source; or
``(III) fuel certainty, through firm contractual
obligations, that ensures adequate fuel supply to enable
operation, for an extended period of time, for the duration
of an emergency or severe weather conditions;
``(ii) operational characteristics that enable the
generation of electric energy for the duration of an
emergency or severe weather conditions; and
``(iii) unless procured through other markets or
procurement mechanisms, essential reliability services,
including frequency support and regulation services.
``(2) Commission evaluation and report.--Not later than 1
year after the date of enactment of this section, the
Commission shall make publicly available, and submit to the
Committee on Energy and Commerce in the House of
Representatives and the Committee on Energy and Natural
Resources in the Senate, a report containing--
``(A) evaluation of whether the structure of each market
addressed in an analysis submitted pursuant to paragraph (1)
meets the criteria under such paragraph, based on the
analysis; and
``(B) to the extent a market so addressed does not meet
such criteria, any recommendations with respect to the
procurement of sufficient capacity, as described in paragraph
(1)(B).
``(b) Commission Evaluation and Report for New Schedules.--
``(1) Inclusion of analysis in filing.--Except as provided
in subsection (a)(2), whenever a Regional Transmission
Organization or Independent System Operator files a new
schedule under section 205 to establish a market described in
subsection (a)(1), or that substantially modifies the
capacity market design of a market described in subsection
(a)(1), the Regional Transmission Organization or Independent
System Operator shall include in any such filing the analysis
required by subsection (a)(1).
``(2) Evaluation and report.--Not later than 180 days of
receiving an analysis under paragraph (1), the Commission
shall make publicly available, and submit to the Committee on
Energy and Commerce in the House of Representatives and the
Committee on Energy and Natural Resources in the Senate, a
report containing--
``(A) an evaluation of whether the structure of the market
addressed in the analysis meets the criteria under subsection
(a)(1), based on the analysis; and
``(B) to the extent the market does not meet such criteria,
any recommendations with respect to the procurement of
sufficient capacity, as described in subsection (a)(1)(B).
``(c) Effect on Existing Approvals.--Nothing in this
section shall be considered to--
``(1) require a modification of the Commission's approval
of the capacity market design approved pursuant to docket
numbers ER15-623-000, EL15-29-000, EL14-52-000, and ER14-
2419-000; or
``(2) provide grounds for the Commission to grant rehearing
or otherwise modify orders issued in those dockets.''.
SEC. 1111. ETHANE STORAGE STUDY.
(a) In General.--The Secretary of Energy and the Secretary
of Commerce, in consultation with other relevant agencies and
stakeholders, shall conduct a study on the feasibility of
establishing an ethane storage and distribution hub in the
United States.
(b) Contents.--The study conducted under subsection (a)
shall include--
(1) an examination of--
(A) potential locations;
(B) economic feasibility;
(C) economic benefits;
(D) geological storage capacity capabilities;
(E) above ground storage capabilities;
(F) infrastructure needs; and
(G) other markets and trading hubs, particularly related to
ethane; and
(2) identification of potential additional benefits to
energy security.
(c) Publication of Results.--Not later than 2 years after
the date of enactment of this Act, the Secretaries of Energy
and Commerce shall publish the results of the study conducted
under subsection (a) on the websites of the Departments of
Energy and Commerce, respectively, and shall submit such
results to the Committee on Energy and Commerce of the House
of Representatives and the Committees on Energy and Natural
Resources and Commerce, Science, and Transportation of the
Senate.
SEC. 1112. STATEMENT OF POLICY ON GRID MODERNIZATION.
It is the policy of the United States to promote and
advance--
(1) the modernization of the energy delivery infrastructure
of the United States, and bolster the reliability,
affordability, diversity, efficiency, security, and
resiliency of domestic energy supplies, through advanced grid
technologies;
(2) the modernization of the electric grid to enable a
robust multi-directional power flow that leverages
centralized energy resources and distributed energy
resources, enables robust retail transactions, and
facilitates the alignment of business and regulatory models
to achieve a grid that optimizes the entire electric delivery
system;
(3) relevant research and development in advanced grid
technologies, including--
(A) energy storage;
(B) predictive tools and requisite real-time data to enable
the dynamic optimization of grid operations;
(C) power electronics, including smart inverters, that ease
the challenge of intermittent renewable resources and
distributed generation;
(D) real-time data and situational awareness tools and
systems; and
(E) tools to increase data security, physical security, and
cybersecurity awareness and protection;
(4) the leadership of the United States in basic and
applied sciences to develop a systems approach to innovation
and development of cyber-secure advanced grid technologies,
architectures, and control paradigms capable of managing
diverse supplies and loads;
(5) the safeguarding of the critical energy delivery
infrastructure of the United States and the enhanced
resilience of the infrastructure to all hazards, including--
(A) severe weather events;
(B) cyber and physical threats; and
(C) other factors that affect energy delivery;
(6) the coordination of goals, investments to optimize the
grid, and other measures for energy efficiency, advanced grid
technologies, interoperability, and demand response-side
management resources;
(7) partnerships with States and the private sector--
(A) to facilitate advanced grid capabilities and
strategies; and
(B) to provide technical assistance, tools, or other
related information necessary to enhance grid integration,
particularly in connection with the development at the State
and local levels of strategic energy, energy surety and
assurance, and emergency preparedness, response, and
restoration planning;
(8) the deployment of information and communications
technologies at all levels of the electric system;
(9) opportunities to provide consumers with timely
information and advanced control options;
(10) sophisticated or advanced control options to integrate
distributed energy resources and associated ancillary
services;
[[Page H3128]]
(11) open-source communications, database architectures,
and common information model standards, guidelines, and
protocols that enable interoperability to maximize efficiency
gains and associated benefits among--
(A) the grid;
(B) energy and building management systems; and
(C) residential, commercial, and industrial equipment;
(12) private sector investment in the energy delivery
infrastructure of the United States through targeted
demonstration and validation of advanced grid technologies;
and
(13) establishment of common valuation methods and tools
for cost-benefit analysis of grid integration paradigms.
SEC. 1113. GRID RESILIENCE REPORT.
Not later than 120 days after the date of enactment of this
Act, the Secretary of Energy shall submit to the Congress a
report on methods to increase electric grid resilience with
respect to all threats, including cyber attacks, vandalism,
terrorism, and severe weather.
SEC. 1114. GAO REPORT ON IMPROVING NATIONAL RESPONSE CENTER.
The Comptroller General of the United States shall conduct
a study of ways in which the capabilities of the National
Response Center could be improved.
SEC. 1115. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS
ON FEDERAL LANDS.
(a) In General.--Section 28 of the Mineral Leasing Act (30
U.S.C. 185) is amended as follows:
(1) In subsection (b)--
(A) by striking ``(b)(1) For the purposes of this section
`Federal lands' means'' and inserting the following:
``(b)(1) For the purposes of this section `Federal lands'--
``(A) except as provided in subparagraph (B), means'';
(B) by striking the period at the end of paragraph (1) and
inserting ``; and'' and by adding at the end of paragraph (1)
the following:
``(B) for purposes of granting an application for a natural
gas pipeline right-of-way, means all lands owned by the
United States except--
``(i) such lands held in trust for an Indian or Indian
tribe; and
``(ii) lands on the Outer Continental Shelf.''.
(2) By redesignating subsection (b), as so amended, as
subsection (z), and transferring such subsection to appear
after subsection (y) of that section.
(3) By inserting after subsection (a) the following:
``(b) National Energy Security Corridors.--
``(1) Designation.--In addition to other authorities under
this section, the Secretary shall--
``(A) identify and designate suitable Federal lands as
National Energy Security Corridors (in this subsection
referred to as a `Corridor'), which shall be used for
construction, operation, and maintenance of natural gas
transmission facilities; and
``(B) incorporate such Corridors upon designation into the
relevant agency land use and resource management plans or
equivalent plans.
``(2) Considerations.--In evaluating Federal lands for
designation as a National Energy Security Corridor, the
Secretary shall--
``(A) employ the principle of multiple use to ensure route
decisions balance national energy security needs with
existing land use principles;
``(B) seek input from other Federal counterparts, State,
local, and tribal governments, and affected utility and
pipeline industries to determine the best suitable, most
cost-effective, and commercially viable acreage for natural
gas transmission facilities;
``(C) focus on transmission routes that improve domestic
energy security through increasing reliability, relieving
congestion, reducing natural gas prices, and meeting growing
demand for natural gas; and
``(D) take into account technological innovations that
reduce the need for surface disturbance.
``(3) Procedures.--The Secretary shall establish procedures
to expedite and approve applications for rights-of-way for
natural gas pipelines across National Energy Security
Corridors, that--
``(A) ensure a transparent process for review of
applications for rights-of-way on such corridors;
``(B) require an approval time of not more than 1 year
after the date of receipt of an application for a right-of-
way; and
``(C) require, upon receipt of such an application, notice
to the applicant of a predictable timeline for consideration
of the application, that clearly delineates important
milestones in the process of such consideration.
``(4) State input.--
``(A) Requests authorized.--The Governor of a State may
submit requests to the Secretary of the Interior to designate
Corridors on Federal land in that State.
``(B) Consideration of requests.--After receiving such a
request, the Secretary shall respond in writing, within 30
days--
``(i) acknowledging receipt of the request; and
``(ii) setting forth a timeline in which the Secretary
shall grant, deny, or modify such request and state the
reasons for doing so.
``(5) Spatial distribution of corridors.--In implementing
this subsection, the Secretary shall coordinate with other
Federal Departments to--
``(A) minimize the proliferation of duplicative natural gas
pipeline rights-of-way on Federal lands where feasible;
``(B) ensure Corridors can connect effectively across
Federal lands; and
``(C) utilize input from utility and pipeline industries
submitting applications for rights-of-way to site corridors
in economically feasible areas that reduce impacts, to the
extent practicable, on local communities.
``(6) Not a major federal action.--Designation of a
Corridor under this subsection, and incorporation of
Corridors into agency plans under paragraph (1)(B), shall not
be treated as a major Federal action for purpose of section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
``(7) No limit on number or length of corridors.--Nothing
in this subsection limits the number or physical dimensions
of Corridors that the Secretary may designate under this
subsection.
``(8) Other authority not affected.--Nothing in this
subsection affects the authority of the Secretary to issue
rights-of-way on Federal land that is not located in a
Corridor designated under this subsection.
``(9) NEPA clarification.--All applications for rights-of-
way for natural gas transmission facilities across Corridors
designated under this subsection shall be subject to the
environmental protections outlined in subsection (h).''.
(b) Applications Received Before Designation of
Corridors.--Any application for a right-of-way under section
28 of the Mineral Leasing Act (30 U.S.C. 185) that is
received by the Secretary of the Interior before designation
of National Energy Security Corridors under the amendment
made by subsection (a) of this section shall be reviewed and
acted upon independently by the Secretary without regard to
the process for such designation.
(c) Deadline.--Within 2 years after the date of the
enactment of this Act, the Secretary of the Interior shall
designate at least 10 National Energy Security Corridors
under the amendment made by subsection (a) in States referred
to in section 368(b) of the Energy Policy Act of 2005 (42
U.S.C. 15926(b)).
SEC. 1116. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE ON FEDERAL LANDS
CONTAINING ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITIES.
(a) In General.--Title V of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended by
adding at the end the following new section:
``SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS-
OF-WAY.
``(a) General Direction.--In order to enhance the
reliability of the electric grid and reduce the threat of
wildfires to and from electric transmission and distribution
rights-of-way and related facilities and adjacent property,
the Secretary, with respect to public lands and other lands
under the jurisdiction of the Secretary, and the Secretary of
Agriculture, with respect to National Forest System lands,
shall provide direction to ensure that all existing and
future rights-of-way, however established (including by
grant, special use authorization, and easement), for electric
transmission and distribution facilities on such lands
include provisions for utility vegetation management,
facility inspection, and operation and maintenance activities
that, while consistent with applicable law--
``(1) are developed in consultation with the holder of the
right-of-way;
``(2) enable the owner or operator of an electric
transmission and distribution facility to operate and
maintain the facility in good working order and to comply
with Federal, State, and local electric system reliability
and fire safety requirements, including reliability standards
established by the North American Electric Reliability
Corporation and plans to meet such reliability standards;
``(3) minimize the need for case-by-case or annual
approvals for--
``(A) routine vegetation management, facility inspection,
and operation and maintenance activities within existing
electric transmission and distribution rights-of-way; and
``(B) utility vegetation management activities that are
necessary to control hazard trees within or adjacent to
electric transmission and distribution rights-of-way; and
``(4) when review is required, provide for expedited review
and approval of utility vegetation management, facility
inspection, and operation and maintenance activities,
especially activities requiring prompt action to avoid an
adverse impact on human safety or electric reliability to
avoid fire hazards.
``(b) Vegetation Management, Facility Inspection, and
Operation and Maintenance Plans.--
``(1) Development and submission.--Consistent with
subsection (a), the Secretary and the Secretary of
Agriculture shall provide owners and operators of electric
transmission and distribution facilities located on lands
described in such subsection with the option to develop and
submit a vegetation management, facility inspection, and
operation and maintenance plan, that at each owner or
operator's discretion may cover some or all of the owner or
operator's electric transmission and distribution rights-of-
way on Federal lands, for approval to the Secretary with
jurisdiction over the lands. A plan under this paragraph
shall enable the owner or operator of an electric
transmission and distribution facility, at a minimum, to
comply with applicable Federal, State, and local electric
system reliability and fire safety requirements, as provided
in subsection (a)(2). The Secretaries shall not have the
authority to modify those requirements.
``(2) Review and approval process.--The Secretary and the
Secretary of Agriculture shall jointly develop a consolidated
and coordinated process for review and approval of--
[[Page H3129]]
``(A) vegetation management, facility inspection, and
operation and maintenance plans submitted under paragraph (1)
that--
``(i) assures prompt review and approval not to exceed 90
days;
``(ii) includes timelines and benchmarks for agency
comments on submitted plans and final approval of such plans;
``(iii) is consistent with applicable law; and
``(iv) minimizes the costs of the process to the reviewing
agency and the entity submitting the plans; and
``(B) amendments to the plans in a prompt manner if changed
conditions necessitate a modification to a plan.
``(3) Notification.--The review and approval process under
paragraph (2) shall--
``(A) include notification by the agency of any changed
conditions that warrant a modification to a plan;
``(B) provide an opportunity for the owner or operator to
submit a proposed plan amendment to address directly the
changed condition; and
``(C) allow the owner or operator to continue to implement
those elements of the approved plan that do not directly and
adversely affect the condition precipitating the need for
modification.
``(4) Categorical exclusion process.--The Secretary and the
Secretary of Agriculture shall apply his or her categorical
exclusion process under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to plans developed under
this subsection on existing electric transmission and
distribution rights-of-way under this subsection.
``(5) Implementation.--A plan approved under this
subsection shall become part of the authorization governing
the covered right-of-way and hazard trees adjacent to the
right-of-way. If a vegetation management plan is proposed for
an existing electric transmission and distribution facility
concurrent with the siting of a new electric transmission or
distribution facility, necessary reviews shall be completed
as part of the siting process or sooner. Once the plan is
approved, the owner or operator shall provide the agency with
only a notification of activities anticipated to be
undertaken in the coming year, a description of those
activities, and certification that the activities are in
accordance with the plan.
``(c) Response to Emergency Conditions.--If vegetation on
Federal lands within, or hazard trees on Federal lands
adjacent to, an electric transmission or distribution right-
of-way granted by the Secretary or the Secretary of
Agriculture has contacted or is in imminent danger of
contacting one or more electric transmission or distribution
lines, the owner or operator of the electric transmission or
distribution lines--
``(1) may prune or remove the vegetation to avoid the
disruption of electric service and risk of fire; and
``(2) shall notify the appropriate local agent of the
relevant Secretary not later than 24 hours after such
removal.
``(d) Compliance With Applicable Reliability and Safety
Standards.--If vegetation on Federal lands within or adjacent
to an electric transmission or distribution right-of-way
under the jurisdiction of each Secretary does not meet
clearance requirements under standards established by the
North American Electric Reliability Corporation, or by State
and local authorities, and the Secretary having jurisdiction
over the lands has failed to act to allow an electric
transmission or distribution facility owner or operator to
conduct vegetation management activities within 3 business
days after receiving a request to allow such activities, the
owner or operator may, after notifying the Secretary, conduct
such vegetation management activities to meet those clearance
requirements.
``(e) Reporting Requirement.--The Secretary or Secretary of
Agriculture shall report requests and actions made under
subsections (c) and (d) annually on each Secretary's website.
``(f) Liability.--An owner or operator of an electric
transmission or distribution facility shall not be held
liable for wildfire damage, loss, or injury, including the
cost of fire suppression, if--
``(1) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator to operate consistently with
an approved vegetation management, facility inspection, and
operation and maintenance plan on Federal lands under the
relevant Secretary's jurisdiction within or adjacent to a
right-of-way to comply with Federal, State, or local electric
system reliability and fire safety standards, including
standards established by the North American Electric
Reliability Corporation; or
``(2) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator of the electric transmission
or distribution facility to perform appropriate vegetation
management activities in response to an identified hazard
tree, or a tree in imminent danger of contacting the owner's
or operator's electric transmission or distribution facility.
``(g) Training and Guidance.--In consultation with the
electric utility industry, the Secretary and the Secretary of
Agriculture are encouraged to develop a program to train
personnel of the Department of the Interior and the Forest
Service involved in vegetation management decisions relating
to electric transmission and distribution facilities to
ensure that such personnel--
``(1) understand electric system reliability and fire
safety requirements, including reliability standards
established by the North American Electric Reliability
Corporation;
``(2) assist owners and operators of electric transmission
and distribution facilities to comply with applicable
electric reliability and fire safety requirements; and
``(3) encourage and assist willing owners and operators of
electric transmission and distribution facilities to
incorporate on a voluntary basis vegetation management
practices to enhance habitats and forage for pollinators and
for other wildlife so long as the practices are compatible
with the integrated vegetation management practices necessary
for reliability and safety.
``(h) Implementation.--The Secretary and the Secretary of
Agriculture shall--
``(1) not later than one year after the date of the
enactment of this section, propose regulations, or amended
existing regulations, to implement this section; and
``(2) not later than two years after the date of the
enactment of this section, finalize regulations, or amended
existing regulations, to implement this section.
``(i) Existing Vegetation Management, Facility Inspection,
and Operation and Maintenance Plans.--Nothing in this section
requires an owner or operator to develop and submit a
vegetation management, facility inspection, and operation and
maintenance plan if one has already been approved by the
Secretary or Secretary of Agriculture before the date of the
enactment of this section.
``(j) Definitions.--In this section:
``(1) Hazard tree.--The term `hazard tree' means any tree
inside the right-of-way or located outside the right-of-way
that has been found by the either the owner or operator of an
electric transmission or distribution facility, or the
Secretary or the Secretary of Agriculture, to be likely to
fail and cause a high risk of injury, damage, or disruption
within 10 feet of an electric power line or related structure
if it fell.
``(2) Owner or operator.--The terms `owner' and `operator'
include contractors or other agents engaged by the owner or
operator of an electric transmission and distribution
facility.
``(3) Vegetation management, facility inspection, and
operation and maintenance plan.--The term `vegetation
management, facility inspection, and operation and
maintenance plan' means a plan that--
``(A) is prepared by the owner or operator of one or more
electric transmission or distribution facilities to cover one
or more electric transmission and distribution rights-of-way;
and
``(B) provides for the long-term, cost-effective,
efficient, and timely management of facilities and vegetation
within the width of the right-of-way and adjacent Federal
lands to enhance electric reliability, promote public safety,
and avoid fire hazards.''.
(b) Clerical Amendment.--The table of sections for the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1761 et seq.), is amended by inserting after the item
relating to section 511 the following new item:
``Sec. 512. Vegetation management, facility inspection, and operation
and maintenance relating to electric transmission and
distribution facility rights-of-way.''.
Subtitle B--Hydropower Regulatory Modernization
SEC. 1201. PROTECTION OF PRIVATE PROPERTY RIGHTS IN
HYDROPOWER LICENSING.
(a) Licences.--Section 4(e) of the Federal Power Act (16
U.S.C. 797(e)) is amended--
(1) by striking ``and'' after ``recreational
opportunities,''; and
(2) by inserting ``, and minimizing infringement on the
useful exercise and enjoyment of property rights held by
nonlicensees'' after ``aspects of environmental quality''.
(b) Private Landownership.--Section 10 of the Federal Power
Act (16 U.S.C. 803) is amended--
(1) in subsection (a)(1), by inserting ``, including
minimizing infringement on the useful exercise and enjoyment
of property rights held by nonlicensees'' after ``section
4(e)''; and
(2) by adding at the end the following:
``(k) Private Landownership.--In developing any
recreational resource within the project boundary, the
licensee shall consider private landownership as a means to
encourage and facilitate--
``(1) private investment; and
``(2) increased tourism and recreational use.''.
SEC. 1202. EXTENSION OF TIME FOR FERC PROJECT INVOLVING W.
KERR SCOTT DAM.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12642, the Commission may, at the
request of the licensee for the project, and after reasonable
notice, in accordance with the good faith, due diligence, and
public interest requirements of that section and the
Commission's procedures under that section, extend the time
period during which the licensee is required to commence the
construction of the project for up to 3 consecutive 2-year
periods from the date of the expiration of the extension
originally issued by the Commission.
(b) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (a) has expired prior to the date of
the enactment of this Act, the Commission may reinstate the
license effective as of the date of its expiration and the
first extension authorized under subsection (a) shall take
effect on the date of such expiration.
SEC. 1203. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is
amended by adding at the end the following:
``SEC. 34. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.
``(a) Definition.--In this section, the term `Federal
authorization'--
``(1) means any authorization required under Federal law
with respect to an application for a license, license
amendment, or exemption under this part; and
[[Page H3130]]
``(2) includes any permits, special use authorizations,
certifications, opinions, or other approvals as may be
required under Federal law to approve or implement the
license, license amendment, or exemption under this part.
``(b) Designation as Lead Agency.--
``(1) In general.--The Commission shall act as the lead
agency for the purposes of coordinating all applicable
Federal authorizations and for the purposes of complying with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(2) Other agencies and indian tribes.--
``(A) In general.--Each Federal, State, and local
government agency and Indian tribe considering an aspect of
an application for Federal authorization shall coordinate
with the Commission and comply with the deadline established
in the schedule developed for the project in accordance with
the rule issued by the Commission under subsection (c).
``(B) Identification.--The Commission shall identify, as
early as practicable after it is notified by the applicant of
a project or facility requiring Commission action under this
part, any Federal or State agency, local government, or
Indian tribe that may consider an aspect of an application
for a Federal authorization.
``(C) Notification.--
``(i) In general.--The Commission shall notify any agency
and Indian tribe identified under subparagraph (B) of the
opportunity to participate in the process of reviewing an
aspect of an application for a Federal authorization.
``(ii) Deadline.--Each agency and Indian tribe receiving a
notice under clause (i) shall submit a response acknowledging
receipt of the notice to the Commission within 30 days of
receipt of such notice and request.
``(D) Issue identification and resolution.--
``(i) Identification of issues.--Federal, State, and local
government agencies and Indian tribes that may consider an
aspect of an application for Federal authorization shall
identify, as early as possible, and share with the Commission
and the applicant, any issues of concern identified during
the pendency of the Commission's action under this part
relating to any Federal authorization that may delay or
prevent the granting of such authorization, including any
issues that may prevent the agency or Indian tribe from
meeting the schedule established for the project in
accordance with the rule issued by the Commission under
subsection (c).
``(ii) Issue resolution.--The Commission may forward any
issue of concern identified under clause (i) to the heads of
the relevant State and Federal agencies (including, in the
case of scheduling concerns identified by a State or local
government agency or Indian tribe, the Federal agency
overseeing the delegated authority, or the Secretary of the
Interior with regard to scheduling concerns identified by an
Indian tribe) for resolution. The Commission and any relevant
agency shall enter into a memorandum of understanding to
facilitate interagency coordination and resolution of such
issues of concern, as appropriate.
``(c) Schedule.--
``(1) Commission rulemaking to establish process to set
schedule.--Within 180 days of the date of enactment of this
section the Commission shall, in consultation with the
appropriate Federal agencies, issue a rule, after providing
for notice and public comment, establishing a process for
setting a schedule following the filing of an application
under this part for the review and disposition of each
Federal authorization.
``(2) Elements of scheduling rule.--In issuing a rule under
this subsection, the Commission shall ensure that the
schedule for each Federal authorization--
``(A) includes deadlines for actions by--
``(i) any Federal or State agency, local government, or
Indian tribe that may consider an aspect of an application
for the Federal authorization;
``(ii) the applicant;
``(iii) the Commission; and
``(iv) other participants in a proceeding;
``(B) is developed in consultation with the applicant and
any agency and Indian tribe that submits a response under
subsection (b)(2)(C)(ii);
``(C) provides an opportunity for any Federal or State
agency, local government, or Indian tribe that may consider
an aspect of an application for the applicable Federal
authorization to identify and resolve issues of concern, as
provided in subsection (b)(2)(D);
``(D) complies with applicable schedules established under
Federal and State law;
``(E) ensures expeditious completion of all proceedings
required under Federal and State law, to the extent
practicable; and
``(F) facilitates completion of Federal and State agency
studies, reviews, and any other procedures required prior to,
or concurrent with, the preparation of the Commission's
environmental document required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(d) Transmission of Final Schedule.--
``(1) In general.--For each application for a license,
license amendment, or exemption under this part, the
Commission shall establish a schedule in accordance with the
rule issued by the Commission under subsection (c). The
Commission shall publicly notice and transmit the final
schedule to the applicant and each agency and Indian tribe
identified under subsection (b)(2)(B).
``(2) Response.--Each agency and Indian tribe receiving a
schedule under this subsection shall acknowledge receipt of
such schedule in writing to the Commission within 30 days.
``(e) Adherence to Schedule.--All applicants, other
licensing participants, and agencies and tribes considering
an aspect of an application for a Federal authorization shall
meet the deadlines set forth in the schedule established
pursuant to subsection (d)(1).
``(f) Application Processing.--The Commission, Federal,
State, and local government agencies, and Indian tribes may
allow an applicant seeking a Federal authorization to fund a
third-party contractor selected by such agency or tribe to
assist in reviewing the application. All costs of an agency
or tribe incurred pursuant to direct funding by the
applicant, including all costs associated with the third
party contractor, shall not be considered costs of the United
States for the administration of this part under section
10(e).
``(g) Commission Recommendation on Scope of Environmental
Review.--For the purposes of coordinating Federal
authorizations for each project, the Commission shall consult
with and make a recommendation to agencies and Indian tribes
receiving a schedule under subsection (d) on the scope of the
environmental review for all Federal authorizations for such
project. Each Federal and State agency and Indian tribe shall
give due consideration and may give deference to the
Commission's recommendations, to the extent appropriate under
Federal law.
``(h) Failure To Meet Schedule.--A Federal, State, or local
government agency or Indian tribe that anticipates that it
will be unable to complete its disposition of a Federal
authorization by the deadline set forth in the schedule
established under subsection (d)(1) may file for an extension
as provided under section 313(b)(2).
``(i) Consolidated Record.--The Commission shall, with the
cooperation of Federal, State, and local government agencies
and Indian tribes, maintain a complete consolidated record of
all decisions made or actions taken by the Commission or by a
Federal administrative agency or officer (or State or local
government agency or officer or Indian tribe acting under
delegated Federal authority) with respect to any Federal
authorization. Such record shall constitute the record for
judicial review under section 313(b).''.
SEC. 1204. JUDICIAL REVIEW OF DELAYED FEDERAL AUTHORIZATIONS.
Section 313(b) of the Federal Power Act (16 U.S.C. 825l(b))
is amended--
(1) by striking ``(b) Any party'' and inserting the
following:
``(b) Judicial Review.--
``(1) In general.--Any party''; and
(2) by adding at the end the following:
``(2) Delay of a federal authorization.--Any Federal,
State, or local government agency or Indian tribe that will
not complete its disposition of a Federal authorization by
the deadline set forth in the schedule by the Commission
under section 34 may file for an extension in the United
States court of appeals for any circuit wherein the project
or proposed project is located, or in the United States Court
of Appeals for the District of Columbia. Such petition shall
be filed not later than 30 days prior to such deadline. The
court shall only grant an extension if the agency or tribe
demonstrates, based on the record maintained under section
34, that it otherwise complied with the requirements of
section 34 and that complying with the schedule set by the
Commission would have prevented the agency or tribe from
complying with applicable Federal or State law. If the court
grants the extension, the court shall set a reasonable
schedule and deadline, not to exceed 90 days, for the agency
to act on remand. If the court denies the extension, or if an
agency or tribe does not file for an extension as provided in
this subsection and does not complete its disposition of a
Federal authorization by the applicable deadline, the
Commission and applicant may move forward with the proposed
action.''.
SEC. 1205. LICENSING STUDY IMPROVEMENTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended by section 1203, is further amended by adding at the
end the following:
``SEC. 35. LICENSING STUDY IMPROVEMENTS.
``(a) In General.--To facilitate the timely and efficient
completion of the license proceedings under this part, the
Commission shall, in consultation with applicable Federal and
State agencies and interested members of the public--
``(1) compile current and accepted best practices in
performing studies required in such license proceedings,
including methodologies and the design of studies to assess
the full range of environmental impacts of a project that
reflect the most recent peer-reviewed science;
``(2) compile a comprehensive collection of studies and
data accessible to the public that could be used to inform
license proceedings under this part; and
``(3) encourage license applicants, agencies, and Indian
tribes to develop and use, for the purpose of fostering
timely and efficient consideration of license applications, a
limited number of open-source methodologies and tools
applicable across a wide array of projects, including water
balance models and streamflow analyses.
``(b) Use of Studies.--To the extent practicable, the
Commission and other Federal, State, and local government
agencies and Indian tribes considering an aspect of an
application for Federal authorization shall use current,
accepted science toward studies and data in support of their
actions. Any participant in a proceeding with respect to a
Federal authorization shall demonstrate a study requested by
the party is not duplicative of current, existing studies
that are applicable to the project.
``(c) Basin-Wide or Regional Review.--The Commission shall
establish a program to develop comprehensive plans, at the
request of project applicants, on a regional or basin-wide
scale, in consultation with the applicants, appropriate
Federal agencies, and affected States, local governments, and
Indian tribes, in basins or regions with respect to which
there are more than one project or application for a project.
Upon such a request, the Commission, in consultation with the
applicants, such Federal agencies, and affected States, local
governments, and Indian
[[Page H3131]]
tribes, may conduct or commission regional or basin-wide
environmental studies, with the participation of at least 2
applicants. Any study conducted under this subsection shall
apply only to a project with respect to which the applicant
participates.''.
SEC. 1206. CLOSED-LOOP PUMPED STORAGE PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended by section 1205, is further amended by adding at the
end the following:
``SEC. 36. CLOSED-LOOP PUMPED STORAGE PROJECTS.
``(a) Definition.--For purposes of this section, a closed-
loop pumped storage project is a project--
``(1) in which the upper and lower reservoirs do not
impound or directly withdraw water from navigable waters; or
``(2) that is not continuously connected to a naturally
flowing water feature.
``(b) In General.--As provided in this section, the
Commission may issue and amend licenses and preliminary
permits, as appropriate, for closed-loop pumped storage
projects.
``(c) Dam Safety.--Before issuing any license for a closed-
loop pumped storage project, the Commission shall assess the
safety of existing dams and other structures related to the
project (including possible consequences associated with
failure of such structures).
``(d) License Conditions.--With respect to a closed-loop
pumped storage project, the authority of the Commission to
impose conditions on a license under sections 4(e), 10(a),
10(g), and 10(j) shall not apply, and any condition included
in or applicable to a closed-loop pumped storage project
licensed under this section, including any condition or other
requirement of a Federal authorization, shall be limited to
those that are--
``(1) necessary to protect public safety; or
``(2) reasonable, economically feasible, and essential to
prevent loss of or damage to, or to mitigate adverse effects
on, fish and wildlife resources directly caused by the
construction and operation of the project, as compared to the
environmental baseline existing at the time the Commission
completes its environmental review.
``(e) Transfers.--Notwithstanding section 5, and regardless
of whether the holder of a preliminary permit for a closed-
loop pumped storage project claimed municipal preference
under section 7(a) when obtaining the permit, the Commission
may, to facilitate development of a closed-loop pumped
storage project--
``(1) add entities as joint permittees following issuance
of a preliminary permit; and
``(2) transfer a license in part to one or more
nonmunicipal entities as co-licensees with a municipality.''.
SEC. 1207. LICENSE AMENDMENT IMPROVEMENTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended by section 1206, is further amended by adding at the
end the following:
``SEC. 37. LICENSE AMENDMENT IMPROVEMENTS.
``(a) Qualifying Project Upgrades.--
``(1) In general.--As provided in this section, the
Commission may approve an application for an amendment to a
license issued under this part for a qualifying project
upgrade.
``(2) Application.--A licensee filing an application for an
amendment to a project license under this section shall
include in such application information sufficient to
demonstrate that the proposed change to the project described
in the application is a qualifying project upgrade.
``(3) Initial determination.--Not later than 15 days after
receipt of an application under paragraph (2), the Commission
shall make an initial determination as to whether the
proposed change to the project described in the application
for a license amendment is a qualifying project upgrade. The
Commission shall publish its initial determination and issue
notice of the application filed under paragraph (2). Such
notice shall solicit public comment on the initial
determination within 45 days.
``(4) Public comment on qualifying criteria.--The
Commission shall accept public comment regarding whether a
proposed license amendment is for a qualifying project
upgrade for a period of 45 days beginning on the date of
publication of a public notice described in paragraph (3),
and shall--
``(A) if no entity contests whether the proposed license
amendment is for a qualifying project upgrade during such
comment period, immediately publish a notice stating that the
initial determination has not been contested; or
``(B) if an entity contests whether the proposed license
amendment is for a qualifying project upgrade during the
comment period, issue a written determination in accordance
with paragraph (5).
``(5) Written determination.--If an entity contests whether
the proposed license amendment is for a qualifying project
upgrade during the comment period under paragraph (4), the
Commission shall, not later than 30 days after the date of
publication of the public notice of the initial determination
under paragraph (3), issue a written determination as to
whether the proposed license amendment is for a qualifying
project upgrade.
``(6) Public comment on amendment application.--If no
entity contests whether the proposed license amendment is for
a qualifying project upgrade during the comment period under
paragraph (4) or the Commission issues a written
determination under paragraph (5) that a proposed license
amendment is a qualifying project upgrade, the Commission
shall--
``(A) during the 60-day period beginning on the date of
publication of a notice under paragraph (4)(A) or the date on
which the Commission issues the written determination under
paragraph (5), as applicable, solicit comments from each
Federal, State, and local government agency and Indian tribe
considering an aspect of an application for Federal
authorization (as defined in section 34) with respect to the
proposed license amendment, as well as other interested
agencies, Indian tribes, and members of the public; and
``(B) during the 90-day period beginning on the date of
publication of a notice under paragraph (4)(A) or the date on
which the Commission issues the written determination under
paragraph (5), as applicable, consult with--
``(i) appropriate Federal agencies and the State agency
exercising administrative control over the fish and wildlife
resources, and water quality and supply, of the State in
which the qualifying project upgrade is located;
``(ii) any Federal department supervising any public lands
or reservations occupied by the qualifying project upgrade;
and
``(iii) any Indian tribe affected by the qualifying project
upgrade.
``(7) Federal authorizations.--The schedule established by
the Commission under section 34 for any project upgrade under
this subsection shall require final disposition on all
necessary Federal authorizations (as defined in section 34),
other than final action by the Commission, by not later than
120 days after the date on which the Commission issues a
notice under paragraph (4)(A) or a written determination
under paragraph (5), as applicable.
``(8) Commission action.--Not later than 150 days after the
date on which the Commission issues a notice under paragraph
(4)(A) or a written determination under paragraph (5), as
applicable, the Commission shall take final action on the
license amendment application.
``(9) License amendment conditions.--Any condition included
in or applicable to a license amendment approved under this
subsection, including any condition or other requirement of a
Federal authorization, shall be limited to those that are--
``(A) necessary to protect public safety; or
``(B) reasonable, economically feasible, and essential to
prevent loss of or damage to, or to mitigate adverse effects
on, fish and wildlife resources, water supply, and water
quality that are directly caused by the construction and
operation of the qualifying project upgrade, as compared to
the environmental baseline existing at the time the
Commission approves the application for the license
amendment.
``(10) Proposed license amendments that are not qualifying
project upgrades.--If the Commission determines under
paragraph (3) or (5) that a proposed license amendment is not
for a qualifying project upgrade, the procedures under
paragraphs (6) through (9) shall not apply to the
application.
``(11) Rulemaking.--Not later than 180 days after the date
of enactment of this section, the Commission shall, after
notice and opportunity for public comment, issue a rule to
implement this subsection.
``(12) Definitions.--For purposes of this subsection:
``(A) Qualifying project upgrade.--The term `qualifying
project upgrade' means a change to a project licensed under
this part that meets the qualifying criteria, as determined
by the Commission.
``(B) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a project license under this part, a
change to the project that--
``(i) if carried out, would be unlikely to adversely affect
any species listed as threatened or endangered under the
Endangered Species Act of 1973 or result in the destruction
or adverse modification of critical habitat, as determined in
consultation with the Secretary of the Interior or Secretary
of Commerce, as appropriate, in accordance with section 7 of
the Endangered Species Act of 1973;
``(ii) is consistent with any applicable comprehensive plan
under section 10(a)(2);
``(iii) includes only changes to project lands, waters, or
operations that, in the judgment of the Commission, would
result in only insignificant or minimal cumulative adverse
environmental effects;
``(iv) would be unlikely to adversely affect water quality
and water supply; and
``(v) proposes to implement--
``(I) capacity increases, efficiency improvements, or other
enhancements to hydropower generation at the licensed
project;
``(II) environmental protection, mitigation, or enhancement
measures to benefit fish and wildlife resources or other
natural and cultural resources; or
``(III) improvements to public recreation at the licensed
project.
``(b) Amendment Approval Processes.--
``(1) Rule.--Not later than 1 year after the date of
enactment of this section, the Commission shall, after notice
and opportunity for public comment, issue a rule establishing
new standards and procedures for license amendment
applications under this part. In issuing such rule, the
Commission shall seek to develop the most efficient and
expedient process, consultation, and review requirements,
commensurate with the scope of different categories of
proposed license amendments. Such rule shall account for
differences in environmental effects across a wide range of
categories of license amendment applications.
``(2) Capacity.--In issuing a rule under this subsection,
the Commission shall take into consideration that a change in
generating or hydraulic capacity may indicate the potential
environmental effects of a proposed amendment but is not
determinative of such effects.
``(3) Process options.--In issuing a rule under this
subsection, the Commission shall take into consideration the
range of process options available under the Commission's
regulations for new and original license applications and
adapt such options to amendment applications, where
appropriate.''.
[[Page H3132]]
SEC. 1208. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING
NONPOWERED DAMS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended by section 1207, is further amended by adding at the
end the following:
``SEC. 38. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING
NONPOWERED DAMS.
``(a) Exemptions for Qualifying Facilities.--
``(1) Exemption qualifications.--Subject to the
requirements of this subsection, the Commission may grant an
exemption in whole or in part from the requirements of this
part, including any license requirements contained in this
part, to any facility the Commission determines is a
qualifying facility.
``(2) Consultation with federal and state agencies.--In
granting any exemption under this subsection, the Commission
shall consult with--
``(A) the United States Fish and Wildlife Service, the
National Marine Fisheries Service, and the State agency
exercising administrative control over the fish and wildlife
resources of the State in which the facility will be located,
in the manner provided by the Fish and Wildlife Coordination
Act;
``(B) any Federal department supervising any public lands
or reservations occupied by the project; and
``(C) any Indian tribe affected by the project.
``(3) Exemption conditions.--
``(A) In general.--The Commission shall include in any
exemption granted under this subsection only such terms and
conditions that the Commission determines are--
``(i) necessary to protect public safety; or
``(ii) reasonable, economically feasible, and essential to
prevent loss of or damage to, or to mitigate adverse effects
on, fish and wildlife resources directly caused by the
construction and operation of the qualifying facility, as
compared to the environmental baseline existing at the time
the Commission grants the exemption.
``(B) No changes to release regime.--No Federal
authorization required with respect to a qualifying facility
described in paragraph (1), including an exemption granted by
the Commission under this subsection, may include any
condition or other requirement that results in any material
change to the storage, control, withdrawal, diversion,
release, or flow operations of the associated qualifying
nonpowered dam.
``(4) Environmental review.--The Commission's environmental
review under the National Environmental Policy Act of 1969 of
a proposed exemption under this subsection shall consist only
of an environmental assessment, unless the Commission
determines, by rule or order, that the Commission's
obligations under such Act for granting exemptions under this
subsection can be met through a categorical exclusion.
``(5) Violation of terms of exemption.--Any violation of a
term or condition of any exemption granted under this
subsection shall be treated as a violation of a rule or order
of the Commission under this Act.
``(6) Annual charges for enhancement activities.--Exemptees
under this subsection for any facility located at a non-
Federal dam shall pay to the United States reasonable annual
charges in an amount to be fixed by the Commission for the
purpose of funding environmental enhancement projects in
watersheds in which facilities exempted under this subsection
are located. Such annual charges shall be equivalent to the
annual charges for use of a Government dam under section
10(e), unless the Commission determines, by rule, that a
lower charge is appropriate to protect exemptees' investment
in the project or avoid increasing the price to consumers of
power due to such charges. The proceeds of charges made by
the Commission under this paragraph shall be paid into the
Treasury of the United States and credited to miscellaneous
receipts. Subject to annual appropriation Acts, such proceeds
shall be available to Federal and State fish and wildlife
agencies for purposes of carrying out specific environmental
enhancement projects in watersheds in which one or more
facilities exempted under this subsection are located. Not
later than 180 days after the date of enactment of this
section, the Commission shall establish rules, after notice
and opportunity for public comment, for the collection and
administration of annual charges under this paragraph.
``(7) Effect of jurisdiction.--The jurisdiction of the
Commission over any qualifying facility exempted under this
subsection shall extend only to the qualifying facility
exempted and any associated primary transmission line, and
shall not extend to any conduit, dam, impoundment, shoreline
or other land, or any other project work associated with the
qualifying facility exempted under this subsection.
``(b) Definitions.--For purposes of this section--
``(1) Federal authorization.--The term `Federal
authorization' has the same meaning as provided in section
34.
``(2) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a facility--
``(A) as of the date of enactment of this section, the
facility is not licensed under, or exempted from the license
requirements contained in, this part;
``(B) the facility will be associated with a qualifying
nonpowered dam;
``(C) the facility will be constructed, operated, and
maintained for the generation of electric power;
``(D) the facility will use for such generation any
withdrawals, diversions, releases, or flows from the
associated qualifying nonpowered dam, including its
associated impoundment or other infrastructure; and
``(E) the operation of the facility will not result in any
material change to the storage, control, withdrawal,
diversion, release, or flow operations of the associated
qualifying nonpowered dam.
``(3) Qualifying facility.--The term `qualifying facility'
means a facility that is determined under this section to
meet the qualifying criteria.
``(4) Qualifying nonpowered dam.--The term `qualifying
nonpowered dam' means any dam, dike, embankment, or other
barrier--
``(A) the construction of which was completed on or before
the date of enactment of this section;
``(B) that is operated for the control, release, or
distribution of water for agricultural, municipal,
navigational, industrial, commercial, environmental,
recreational, aesthetic, or flood control purposes;
``(C) that, as of the date of enactment of this section, is
not equipped with hydropower generating works that are
licensed under, or exempted from the license requirements
contained in, this part; and
``(D) that, in the case of a non-Federal dam, has been
certified by an independent consultant approved by the
Commission as complying with the Commission's dam safety
requirements.''.
TITLE II--ENERGY SECURITY AND DIPLOMACY
SEC. 2001. SENSE OF CONGRESS.
Congress finds the following:
(1) North America's energy revolution has significantly
enhanced energy security in the United States, and
fundamentally changed the Nation's energy future from that of
scarcity to abundance.
(2) North America's energy abundance has increased global
energy supplies and reduced the price of energy for consumers
in the United States and abroad.
(3) Allies and trading partners of the United States,
including in Europe and Asia, are seeking stable and
affordable energy supplies from North America to enhance
their energy security.
(4) The United States has an opportunity to improve its
energy security and promote greater stability and
affordability of energy supplies for its allies and trading
partners through a more integrated, secure, and competitive
North American energy system.
(5) The United States also has an opportunity to promote
such objectives by supporting the free flow of energy
commodities and more open, transparent, and competitive
global energy markets, and through greater Federal agency
coordination relating to regulations or agency actions that
significantly affect the supply, distribution, or use of
energy.
SEC. 2002. ENERGY SECURITY VALUATION.
(a) Establishment of Energy Security Valuation Methods.--
Not later than 1 year after the date of enactment of this
Act, the Secretary of Energy, in collaboration with the
Secretary of State, shall develop and transmit, after public
notice and comment, to the Committee on Energy and Commerce,
the Committee on Science, Space, and Technology, and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Energy and Natural Resources, the
Committee on Commerce, Science, and Transportation, and the
Committee on Foreign Relations of the Senate a report that
develops recommended United States energy security valuation
methods. In developing the report, the Secretaries may
consider the recommendations of the Administration's
Quadrennial Energy Review released on April 21, 2015. The
report shall--
(1) evaluate and define United States energy security to
reflect modern domestic and global energy markets and the
collective needs of the United States and its allies and
partners;
(2) identify transparent and uniform or coordinated
procedures and criteria to ensure that energy-related actions
that significantly affect the supply, distribution,
transportation, or use of energy are evaluated with respect
to their potential impact on energy security, including their
impact on--
(A) consumers and the economy;
(B) energy supply diversity and resiliency;
(C) well-functioning and competitive energy markets;
(D) United States trade balance; and
(E) national security objectives; and
(3) include a recommended implementation strategy that
identifies and aims to ensure that the procedures and
criteria referred to in paragraph (2) are--
(A) evaluated consistently across the Federal Government;
and
(B) weighed appropriately and balanced with environmental
considerations required by Federal law.
(b) Participation.--In developing the report referred to in
subsection (a), the Secretaries may consult with relevant
Federal, State, private sector, and international
participants, as appropriate and consistent with applicable
law.
SEC. 2003. NORTH AMERICAN ENERGY SECURITY PLAN.
(a) Requirement.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in
collaboration with the Secretary of State, shall develop and
transmit to the Committee on Energy and Commerce and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Energy and Natural Resources and the
Committee on Foreign Relations of the Senate the plan
described in subsection (b).
(b) Purpose.--The plan referred to in subsection (a) shall
include--
(1) a recommended framework and implementation strategy
to--
(A) improve planning and coordination with Canada and
Mexico to enhance energy integration, strengthen North
American energy security, and promote efficiencies in the
exploration, production, storage, supply, distribution,
marketing, pricing, and regulation of North American energy
resources; and
[[Page H3133]]
(B) address--
(i) North American energy public data, statistics, and
mapping collaboration;
(ii) responsible and sustainable best practices for the
development of unconventional oil and natural gas; and
(iii) modern, resilient energy infrastructure for North
America, including physical infrastructure as well as
institutional infrastructure such as policies, regulations,
and practices relating to energy development; and
(2) a recommended framework and implementation strategy to
improve collaboration with Caribbean and Central American
partners on energy security, including actions to support--
(A) more open, transparent, and competitive energy markets;
(B) regulatory capacity building;
(C) improvements to energy transmission and storage; and
(D) improvements to the performance of energy
infrastructure and efficiency.
(c) Participation.--In developing the plan referred to in
subsection (a), the Secretaries may consult with other
Federal, State, private sector, and international
participants, as appropriate and consistent with applicable
law.
SEC. 2004. COLLECTIVE ENERGY SECURITY.
(a) In General.--The Secretary of Energy and the Secretary
of State shall collaborate to strengthen domestic energy
security and the energy security of the allies and trading
partners of the United States, including through actions that
support or facilitate--
(1) energy diplomacy;
(2) the delivery of United States assistance, including
energy resources and technologies, to prevent or mitigate an
energy security crisis;
(3) the development of environmentally and commercially
sustainable energy resources;
(4) open, transparent, and competitive energy markets; and
(5) regulatory capacity building.
(b) Energy Security Forums.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Energy,
in collaboration with the Secretary of State, shall convene
not less than 2 forums to promote the collective energy
security of the United States and its allies and trading
partners. The forums shall include participation by the
Secretary of Energy and the Secretary of State. In addition,
an invitation shall be extended to--
(1) appropriate representatives of foreign governments that
are allies or trading partners of the United States; and
(2) independent experts and industry representatives.
(c) Requirements.--The forums shall--
(1) consist of at least 1 Trans-Atlantic and 1 Trans-
Pacific energy security forum;
(2) be designed to foster dialogue among government
officials, independent experts, and industry representatives
regarding--
(A) the current state of global energy markets;
(B) trade and investment issues relevant to energy; and
(C) barriers to more open, competitive, and transparent
energy markets; and
(3) be recorded and made publicly available on the
Department of Energy's website, including, not later than 30
days after each forum, publication on the website any
significant outcomes.
(d) Notification.--At least 30 days before each of the
forums referred to in subsection (b), the Secretary of Energy
shall send a notification regarding the forum to--
(1) the chair and the ranking minority member of the
Committee on Energy and Commerce and the Committee on Foreign
Affairs of the House of Representatives; and
(2) the chair and ranking minority member of the Committee
on Energy and Natural Resources and the Committee on Foreign
Relations of the Senate.
SEC. 2005. AUTHORIZATION TO EXPORT NATURAL GAS.
(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission
or the United States Maritime Administration to site,
construct, expand, or operate LNG export facilities, the
Department of Energy shall issue a final decision on any
application for the authorization to export natural gas under
section 3 of the Natural Gas Act (15 U.S.C. 717b) not later
than 30 days after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the LNG facilities required by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); or
(2) the date of enactment of this Act.
(b) Conclusion of Review.--For purposes of subsection (a),
review required by the National Environmental Policy Act of
1969 shall be considered concluded--
(1) for a project requiring an Environmental Impact
Statement, 30 days after publication of a Final Environmental
Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, 30 days after publication by the Department of
Energy of a Finding of No Significant Impact; and
(3) upon a determination by the lead agency that an
application is eligible for a categorical exclusion pursuant
to National Environmental Policy Act of 1969 implementing
regulations.
(c) Public Disclosure of Export Destinations.--Section 3 of
the Natural Gas Act (15 U.S.C. 717b) is amended by adding at
the end the following:
``(g) Public Disclosure of LNG Export Destinations.--As a
condition for approval of any authorization to export LNG,
the Secretary of Energy shall require the applicant to
publicly disclose the specific destination or destinations of
any such authorized LNG exports.''.
SEC. 2006. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT FACILITIES.
Notwithstanding any other provision of law, including any
other provision of this Act and any amendment made by this
Act, to the extent that the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) applies to the issuance of a
permit for the construction, operation, or maintenance of a
facility for the export of bulk commodities, no such permit
may be denied until each applicable Federal agency has
completed all reviews required for the facility under such
Act.
SEC. 2007. AUTHORIZATION OF CROSS-BORDER INFRASTRUCTURE
PROJECTS.
(a) Finding.--Congress finds that the United States should
establish a more uniform, transparent, and modern process for
the construction, connection, operation, and maintenance of
pipelines and electric transmission facilities for the import
and export of liquid products, including water and petroleum,
and natural gas and the transmission of electricity to and
from Canada and Mexico.
(b) Authorization of Certain Infrastructure Projects at the
National Boundary of the United States.--
(1) Requirement.--No person may construct, connect,
operate, or maintain a cross-border segment of a pipeline or
electric transmission facility for the import or export of
liquid products or natural gas, or the transmission of
electricity, to or from Canada or Mexico without obtaining a
certificate of crossing for such construction, connection,
operation, or maintenance under this subsection.
(2) Certificate of crossing.--
(A) Issuance.--
(i) In general.--Not later than 120 days after final action
is taken under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to a cross-border
segment described in paragraph (1), the relevant official
identified under subparagraph (B), in consultation with
appropriate Federal agencies, shall issue a certificate of
crossing for the cross-border segment unless the relevant
official finds that the construction, connection, operation,
or maintenance of the cross-border segment is not in the
public interest of the United States.
(ii) Natural gas.--For the purposes of natural gas
pipelines, a finding with respect to the public interest
under section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a))
shall serve as a finding under clause (i) of this
subparagraph.
(B) Relevant official.--The relevant official referred to
in subparagraph (A) is--
(i) the Secretary of State with respect to liquid
pipelines;
(ii) the Federal Energy Regulatory Commission with respect
to natural gas pipelines; and
(iii) the Secretary of Energy with respect to electric
transmission facilities.
(C) Additional requirement for electric transmission
facilities.--The Secretary of Energy shall require, as a
condition of issuing a certificate of crossing for an
electric transmission facility, that the cross-border segment
be constructed, connected, operated, or maintained consistent
with all applicable policies and standards of--
(i) the Electric Reliability Organization and the
applicable regional entity; and
(ii) any Regional Transmission Organization or Independent
System Operator with operational or functional control over
the cross-border segment of the electric transmission
facility.
(3) Modifications to existing projects.--No certificate of
crossing shall be required under this subsection for a change
in ownership, volume expansion, downstream or upstream
interconnection, or adjustment to maintain flow (such as a
reduction or increase in the number of pump or compressor
stations) with respect to a liquid or natural gas pipeline or
electric transmission facility unless such modification would
result in a significant impact at the national boundary.
(4) Effect of other laws.--Nothing in this subsection shall
affect the application of any other Federal statute
(including the Natural Gas Act and the Energy Policy and
Conservation Act) to a project for which a certificate of
crossing is sought under this subsection.
(c) Importation or Exportation of Natural Gas to Canada and
Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C.
717b(c)) is amended by adding at the end the following: ``In
the case of an application for the importation or exportation
of natural gas to or from Canada or Mexico, the Commission
shall grant the application not later than 30 days after the
date of receipt of the complete application.''.
(d) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(B) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that
follows through the period at the end and inserting ``the
Secretary has conducted hearings and finds that the proposed
transmission facilities would not impair the sufficiency of
electric supply within the United States or would not impede
or tend to impede the coordination in the public interest of
facilities subject to the jurisdiction of the Secretary''.
(e) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (b) through (d), and the
amendments made by such subsections, shall take effect on
January 20, 2017.
(2) Rulemaking deadlines.--Each relevant official described
in subsection (b)(2)(B) shall--
(A) not later than 180 days after the date of enactment of
this Act, publish in the Federal
[[Page H3134]]
Register notice of a proposed rulemaking to carry out the
applicable requirements of subsection (b); and
(B) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to
carry out the applicable requirements of subsection (b).
(f) Definitions.--In this section--
(1) the term ``cross-border segment'' means the portion of
a liquid or natural gas pipeline or electric transmission
facility that is located at the national boundary of the
United States with either Canada or Mexico;
(2) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o);
(3) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings
given those terms in section 3 of the Federal Power Act (16
U.S.C. 796);
(4) the term ``liquid'' includes water, petroleum,
petroleum product, and any other substance that flows through
a pipeline other than natural gas; and
(5) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a).
SEC. 2008. REPORT ON SMART METER SECURITY CONCERNS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Energy shall transmit to Congress a
report on the weaknesses in currently available smart meters'
security architecture and features, including an absence of
event logging, as described in the Government Accountability
Office testimony entitled ``Critical Infrastructure
Protection: Cybersecurity of the Nation's Electricity Grid
Requires Continued Attention'' on October 21, 2015.
TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY
Subtitle A--Energy Efficiency
CHAPTER 1--FEDERAL AGENCY ENERGY EFFICIENCY
SEC. 3111. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
(a) Amendment.--Subtitle C of title V of the Energy
Independence and Security Act of 2007 (Public Law 110-140;
121 Stat. 1661) is amended by adding at the end the
following:
``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given that term in section 11101
of title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later
than 1 year after the date of enactment of this section, each
Federal agency shall coordinate with the Director, the
Secretary, and the Administrator of the Environmental
Protection Agency to develop an implementation strategy (that
includes best practices and measurement and verification
techniques) for the maintenance, purchase, and use by the
Federal agency of energy-efficient and energy-saving
information technologies, taking into consideration the
performance goals established under subsection (d).
``(c) Administration.--In developing an implementation
strategy under subsection (b), each Federal agency shall
consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased
efficiency and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Director, in consultation
with the Secretary, shall establish performance goals for
evaluating the efforts of Federal agencies in improving the
maintenance, purchase, and use of energy-efficient and
energy-saving information technology.
``(2) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the
attainment of the performance goals, which shall include
Federal agency consideration of, to the extent applicable by
law, the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of
the efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2017, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this
section.''.
(b) Conforming Amendment.--The table of contents for the
Energy Independence and Security Act of 2007 is amended by
adding after the item relating to section 529 the following:
``Sec. 530. Energy-efficient and energy-saving information
technologies.''.
SEC. 3112. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17112) is amended--
(1) in subsection (b)(2)(D)(iv), by striking ``determined
by the organization'' and inserting ``proposed by the
stakeholders'';
(2) by striking subsection (b)(3); and
(3) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--The Secretary and the
Administrator shall carry out subsection (b) in collaboration
with the information technology industry and other key
stakeholders, with the goal of producing results that
accurately reflect the most relevant and useful information
available. In such collaboration, the Secretary and the
Administrator shall pay particular attention to organizations
that--
``(1) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software, such
as representatives of hardware manufacturers, data center
operators, and facility managers;
``(2) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public
interest group with applicable expertise;
``(3) follow--
``(A) commonly accepted procedures for the development of
specifications; and
``(B) accredited standards development processes; and
``(4) have a mission to promote energy efficiency for data
centers and information technology.
``(d) Measurements and Specifications.--The Secretary and
the Administrator shall consider and assess the adequacy of
the specifications, measurements, best practices, and
benchmarks described in subsection (b) for use by the Federal
Energy Management Program, the Energy Star Program, and other
efficiency programs of the Department of Energy or the
Environmental Protection Agency.
``(e) Study.--The Secretary, in collaboration with the
Administrator, shall, not later than 18 months after the date
of enactment of the North American Energy Security and
Infrastructure Act of 2016, make available to the public an
update to the Report to Congress on Server and Data Center
Energy Efficiency published on August 2, 2007, under section
1 of Public Law 109-431 (120 Stat. 2920), that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2008 through 2015;
``(2) an analysis considering the impact of information
technologies, including virtualization and cloud computing,
in the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data
on data center energy usage;
``(4) an evaluation of water usage in data centers and
recommendations for reductions in such water usage; and
``(5) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--The
Secretary, in collaboration with key stakeholders and the
Director of the Office of Management and Budget, shall
maintain a data center energy practitioner program that leads
to the certification of energy practitioners qualified to
evaluate the energy usage and efficiency opportunities in
Federal data centers. Each Federal agency shall consider
having the data centers of the agency evaluated every 4
years, in accordance with section 543(f) of the National
Energy Conservation Policy Act (42 U.S.C. 8253), by energy
practitioners certified pursuant to such program.
``(g) Open Data Initiative.--The Secretary, in
collaboration with key stakeholders and the Director of the
Office of Management and Budget, shall establish an open data
initiative for Federal data center energy usage data, with
the purpose of making such data available and accessible in a
manner that encourages further data center innovation,
optimization, and consolidation. In establishing the
initiative, the Secretary shall consider the use of the
online Data Center Maturity Model.
``(h) International Specifications and Metrics.--The
Secretary, in collaboration with key stakeholders, shall
actively participate in efforts to harmonize global
specifications and metrics for data center energy and water
efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate the
development of an efficiency metric that measures the energy
efficiency of a data center (including equipment and
facilities).
``(j) Protection of Proprietary Information.--The Secretary
and the Administrator shall not disclose any proprietary
information or trade secrets provided by any individual or
company for the purposes of carrying out this section or the
programs and initiatives established under this section.''.
SEC. 3113. REPORT ON ENERGY AND WATER SAVINGS POTENTIAL FROM
THERMAL INSULATION.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in
consultation with appropriate Federal agencies and relevant
stakeholders, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the
impact of thermal insulation on both energy and water use
systems for potable hot and chilled water in Federal
buildings, and the return on investment of installing such
insulation.
(b) Contents.--The report shall include--
(1) an analysis based on the cost of municipal or regional
water for delivered water and the avoided cost of new water;
and
[[Page H3135]]
(2) a summary of energy and water savings, including short-
term and long-term (20 years) projections of such savings.
SEC. 3114. BATTERY STORAGE REPORT.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General shall transmit to Congress a
report on the potential of battery energy storage that
answers the following questions:
(1) How do existing Federal standards impact the
development and deployment of battery storage systems?
(2) What are the benefits of using existing battery storage
technology, and what challenges exist to their widespread
use? What are some examples of existing battery storage
projects providing these benefits?
(3) What potential impact could large-scale battery storage
and behind-the-meter battery storage have on renewable energy
utilization?
(4) What is the potential of battery technology for grid-
scale use nationwide? What is the potential impact of battery
technology on the national grid capabilities?
(5) How much economic activity associated with large-scale
and behind-the-meter battery storage technology is located in
the United States? How many jobs do these industries account
for?
(6) What policies other than the Renewable Energy
Investment Tax Credit have research and available data shown
to promote renewable energy use and storage technology
deployment by State and local governments or private end-
users?
SEC. 3115. FEDERAL PURCHASE REQUIREMENT.
(a) Definitions.--Section 203(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15852(b)) is amended by striking paragraph
(2) and inserting the following:
``(2) Renewable energy.--The term `renewable energy' means
electric energy, or thermal energy if resulting from a
thermal energy project placed in service after December 31,
2014, generated from, or avoided by, solar, wind, biomass,
landfill gas, ocean (including tidal, wave, current, and
thermal), geothermal, municipal solid waste (in accordance
with subsection (e)), qualified waste heat resource, or new
hydroelectric generation capacity achieved from increased
efficiency or additions of new capacity at an existing
hydroelectric project.
``(3) Qualified waste heat resource.--The term `qualified
waste heat resource' means--
``(A) exhaust heat or flared gas from any industrial
process;
``(B) waste gas or industrial tail gas that would otherwise
be flared, incinerated, or vented;
``(C) a pressure drop in any gas for an industrial or
commercial process; or
``(D) such other forms of waste heat as the Secretary
determines appropriate.''.
(b) Paper Recycling.--Section 203 of the Energy Policy Act
of 2005 (42 U.S.C. 15852) is amended by adding at the end the
following:
``(e) Paper Recycling.--
``(1) Separate collection.--For purposes of this section,
any Federal agency may consider electric energy generation
purchased from a facility to be renewable energy if the
municipal solid waste used by the facility to generate the
electricity is--
``(A) separately collected (within the meaning of section
246.101(z) of title 40, Code of Federal Regulations, as in
effect on the date of enactment of the North American Energy
Security and Infrastructure Act of 2016) from paper that is
commonly recycled; and
``(B) processed in a way that keeps paper that is commonly
recycled segregated from non-recyclable solid waste.
``(2) Incidental inclusion.--Municipal solid waste used to
generate electric energy that meets the conditions described
in paragraph (1) shall be considered renewable energy even if
the municipal solid waste contains incidental commonly
recycled paper.
``(3) No effect on existing processes.--Nothing in
paragraph (1) shall be interpreted to require a State or
political subdivision of a State, directly or indirectly, to
change the systems, processes, or equipment it uses to
collect, treat, dispose of, or otherwise use municipal solid
waste, within the meaning of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), nor require a change to the regulations
that implement subtitle D of such Act (42 U.S.C. 6941 et
seq.).''.
SEC. 3116. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL
BUILDINGS.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Energy Performance Requirement for Federal
Buildings.--
``(1) Requirement.--Subject to paragraph (2), each agency
shall apply energy conservation measures to, and shall
improve the design for the construction of, the Federal
buildings of the agency (including each industrial or
laboratory facility) so that the energy consumption per gross
square foot of the Federal buildings of the agency in fiscal
years 2006 through 2017 is reduced, as compared with the
energy consumption per gross square foot of the Federal
buildings of the agency in fiscal year 2003, by the
percentage specified in the following table:
Percentage
``Fiscal Year Reduction
2006.............................................................. 2
2007.............................................................. 4
2008.............................................................. 9
2009..............................................................12
2010..............................................................15
2011..............................................................18
2012..............................................................21
2013..............................................................24
2014..............................................................27
2015..............................................................30
2016..............................................................33
2017..............................................................36.
``(2) Exclusion for buildings with energy intensive
activities.--
``(A) In general.--An agency may exclude from the
requirements of paragraph (1) any building (including the
associated energy consumption and gross square footage) in
which energy intensive activities are carried out.
``(B) Reports.--Each agency shall identify and list in each
report made under section 548(a) the buildings designated by
the agency for exclusion under subparagraph (A).
``(3) Review.--Not later than December 31, 2017, the
Secretary shall--
``(A) review the results of the implementation of the
energy performance requirements established under paragraph
(1); and
``(B) based on the review conducted under subparagraph (A),
submit to Congress a report that addresses the feasibility of
requiring each agency to apply energy conservation measures
to, and improve the design for the construction of, the
Federal buildings of the agency (including each industrial or
laboratory facility) so that the energy consumption per gross
square foot of the Federal buildings of the agency in each of
fiscal years 2018 through 2030 is reduced, as compared with
the energy consumption per gross square foot of the Federal
buildings of the agency in the prior fiscal year, by 3
percent.''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(ii) by inserting after subparagraph (D) the following:
``(E) Ongoing commissioning.--The term `ongoing
commissioning' means an ongoing process of commissioning
using monitored data, the primary goal of which is to ensure
continuous optimum performance of a facility, in accordance
with design or operating needs, over the useful life of the
facility, while meeting facility occupancy requirements.'';
(B) in paragraph (2), by adding at the end the following:
``(C) Energy management system.--An energy manager
designated under subparagraph (A) shall consider use of a
system to manage energy use at the facility and certification
of the facility in accordance with the International
Organization for Standardization standard numbered 50001 and
entitled `Energy Management Systems'.'';
(C) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Except as provided in subparagraph (B),
effective beginning on the date that is 180 days after the
date of enactment of the North American Energy Security and
Infrastructure Act of 2016, and annually thereafter, each
energy manager shall complete, for each calendar year, a
comprehensive energy and water evaluation and recommissioning
or retrocommissioning for approximately 25 percent of the
facilities of that energy manager's agency that meet the
criteria under paragraph (2)(B) in a manner that ensures that
an evaluation of each facility is completed at least once
every 4 years.
``(B) Exceptions.--An evaluation and recommissioning or
recommissioning shall not be required under subparagraph (A)
with respect to a facility that--
``(i) has had a comprehensive energy and water evaluation
during the 8-year period preceding the date of the
evaluation;
``(ii)(I) has been commissioned, recommissioned, or
retrocommissioned during the 10-year period preceding the
date of the evaluation; or
``(II) is under ongoing commissioning, recommissioning, or
retrocommissioning;
``(iii) has not had a major change in function or use since
the previous evaluation and commissioning, recommissioning,
or retrocommissioning;
``(iv) has been benchmarked with public disclosure under
paragraph (8) within the year preceding the evaluation; and
``(v)(I) based on the benchmarking, has achieved at a
facility level the most recent cumulative energy savings
target under subsection (a) compared to the earlier of--
``(aa) the date of the most recent evaluation; or
``(bb) the date--
``(AA) of the most recent commissioning, recommissioning,
or retrocommissioning; or
``(BB) on which ongoing commissioning, recommissioning, or
retrocommissioning began; or
``(II) has a long-term contract in place guaranteeing
energy savings at least as great as the energy savings target
under subclause (I).
``(4) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the date of
completion of each evaluation under paragraph (3), each
energy manager may--
``(i) implement any energy- or water-saving measure that
the Federal agency identified in the evaluation conducted
under paragraph (3) that is life-cycle cost effective; and
``(ii) bundle individual measures of varying paybacks
together into combined projects.
``(B) Measures not implemented.--Each energy manager, as
part of the certification system under paragraph (7) and
using guidelines developed by the Secretary, shall provide an
explanation regarding any life-cycle cost-effective measures
described in subparagraph (A)(i) that have not been
implemented.''; and
(D) in paragraph (7)(C), by adding at the end the
following:
``(iii) Summary report.--The Secretary shall make publicly
available a report that summarizes the information tracked
under subparagraph (B)(i) by each agency and, as applicable,
by each type of measure.''.
[[Page H3136]]
SEC. 3117. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS; CERTIFICATION SYSTEM AND LEVEL FOR
FEDERAL BUILDINGS.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended--
(1) in paragraph (6), by striking ``to be constructed'' and
inserting ``constructed or altered''; and
(2) by adding at the end the following:
``(17) Major renovation.--The term `major renovation' means
a modification of building energy systems sufficiently
extensive that the whole building can meet energy standards
for new buildings, based on criteria to be established by the
Secretary through notice and comment rulemaking.''.
(b) Federal Building Efficiency Standards.--Section 305 of
the Energy Conservation and Production Act (42 U.S.C. 6834)
is amended--
(1) in subsection (a)(3)--
(A) by striking ``(3)(A) Not later than'' and all that
follows through the end of subparagraph (B) and inserting the
following:
``(3) Revised federal building energy efficiency
performance standards; certification for green buildings.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year after the date of
enactment of the North American Energy Security and
Infrastructure Act of 2016, the Secretary shall establish, by
rule, revised Federal building energy efficiency performance
standards that require that--
``(I) new Federal buildings and alterations and additions
to existing Federal buildings--
``(aa) meet or exceed the most recent revision of the IECC
(in the case of residential buildings) or ASHRAE Standard
90.1 (in the case of commercial buildings) as of the date of
enactment of the North American Energy Security and
Infrastructure Act of 2016; and
``(bb) meet or exceed the energy provisions of State and
local building codes applicable to the building, if the codes
are more stringent than the IECC or ASHRAE Standard 90.1, as
applicable;
``(II) unless demonstrated not to be life-cycle cost
effective for new Federal buildings and Federal buildings
with major renovations--
``(aa) the buildings be designed to achieve energy
consumption levels that are at least 30 percent below the
levels established in the version of the ASHRAE Standard or
the IECC, as appropriate, that is applied under subclause
(I)(aa), including updates under subparagraph (B); and
``(bb) sustainable design principles are applied to the
location, siting, design, and construction of all new Federal
buildings and replacement Federal buildings;
``(III) if water is used to achieve energy efficiency,
water conservation technologies shall be applied to the
extent that the technologies are life-cycle cost effective;
and
``(IV) if life-cycle cost effective, as compared to other
reasonably available technologies, not less than 30 percent
of the hot water demand for each new Federal building or
Federal building undergoing a major renovation be met through
the installation and use of solar hot water heaters.
``(ii) Limitation.--Clause (i)(I) shall not apply to
unaltered portions of existing Federal buildings and systems
that have been added to or altered.
``(B) Updates.--Not later than 1 year after the date of
approval of each subsequent revision of ASHRAE Standard 90.1
or the IECC, as appropriate, the Secretary shall determine
whether the revised standards established under subparagraph
(A) should be updated to reflect the revisions, based on the
energy savings and life-cycle cost effectiveness of the
revisions.'';
(B) in subparagraph (C), by striking ``(C) In the budget
request'' and inserting the following:
``(C) Budget request.--In the budget request''; and
(C) in subparagraph (D)--
(i) by striking ``(D) Not later than'' and all that follows
through the end of the first sentence of clause (i)(III) and
inserting the following:
``(D) Certification for green buildings.--
``(i) In general.--'';
(ii) by striking clause (ii);
(iii) in clause (iii), by striking ``(iii) In identifying''
and inserting the following:
``(ii) Considerations.--In identifying'';
(iv) in clause (iv)--
(I) by striking ``(iv) At least once'' and inserting the
following:
``(iii) Study.--At least once''; and
(II) by striking ``clause (iii)'' and inserting ``clause
(ii)'';
(v) in clause (v)--
(I) by striking ``(v) The Secretary may'' and inserting the
following:
``(iv) Internal certification processes.--The Secretary
may''; and
(II) by striking ``clause (i)(III)'' each place it appears
and inserting ``clause (i)'';
(vi) in clause (vi)--
(I) by striking ``(vi) With respect'' and inserting the
following:
``(v) Privatized military housing.--With respect''; and
(II) by striking ``develop alternative criteria to those
established by subclauses (I) and (III) of clause (i) that
achieve an equivalent result in terms of energy savings,
sustainable design, and'' and inserting ``develop alternative
certification systems and levels than the systems and levels
identified under clause (i) that achieve an equivalent result
in terms of''; and
(vii) in clause (vii), by striking ``(vii) In addition to''
and inserting the following:
``(vi) Water conservation technologies.--In addition to'';
and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) every 5 years, review the Federal building energy
standards established under this section; and
``(2) on completion of a review under paragraph (1), if the
Secretary determines that significant energy savings would
result, upgrade the standards to include all new energy
efficiency and renewable energy measures that are
technologically feasible and economically justified.''.
SEC. 3118. OPERATION OF BATTERY RECHARGING STATIONS IN
PARKING AREAS USED BY FEDERAL EMPLOYEES.
(a) Authorization.--
(1) In general.--The head of any office of the Federal
Government which owns or operates a parking area for the use
of its employees (either directly or indirectly through a
contractor) may install, construct, operate, and maintain on
a reimbursable basis a battery recharging station in such
area for the use of privately owned vehicles of employees of
the office and others who are authorized to park in such
area.
(2) Use of vendors.--The head of an office may carry out
paragraph (1) through a contract with a vendor, under such
terms and conditions (including terms relating to the
allocation between the office and the vendor of the costs of
carrying out the contract) as the head of the office and the
vendor may agree to.
(b) Imposition of Fees To Cover Costs.--
(1) Fees.--The head of an office of the Federal Government
which operates and maintains a battery recharging station
under this section shall charge fees to the individuals who
use the station in such amount as is necessary to ensure that
office recovers all of the costs it incurs in installing,
constructing, operating, and maintaining the station.
(2) Deposit and availability of fees.--Any fees collected
by the head of an office under this subsection shall be--
(A) deposited monthly in the Treasury to the credit of the
appropriations account for salaries and expenses of the
office; and
(B) available for obligation without further appropriation
during--
(i) the fiscal year collected; and
(ii) the fiscal year following the fiscal year collected.
(c) No Effect on Existing Programs for House and Senate.--
Nothing in this section may be construed to affect the
installation, construction, operation, or maintenance of
battery recharging stations by the Architect of the Capitol--
(1) under Public Law 112-170 (2 U.S.C. 2171), relating to
employees of the House of Representatives and individuals
authorized to park in any parking area under the jurisdiction
of the House of Representatives on the Capitol Grounds; or
(2) under Public Law 112-167 (2 U.S.C. 2170), relating to
employees of the Senate and individuals authorized to park in
any parking area under the jurisdiction of the Senate on the
Capitol Grounds.
(d) Effective Date.--This section shall apply with respect
to fiscal year 2016 and each succeeding fiscal year.
SEC. 3119. REPORT ON ENERGY SAVINGS AND GREENHOUSE GAS
EMISSIONS REDUCTION FROM CONVERSION OF CAPTURED
METHANE TO ENERGY.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in
consultation with appropriate Federal agencies and relevant
stakeholders, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the
impact of captured methane converted for energy and power
generation on Federal lands, Federal buildings, and relevant
municipalities that use such generation, and the return on
investment and reduction in greenhouse gas emissions of
utilizing such power generation.
(b) Contents.--The report shall include--
(1) a summary of energy performance and savings resulting
from the utilization of such power generation, including
short-term and long-term (20 years) projections of such
savings; and
(2) an analysis of the reduction in greenhouse emissions
resulting from the utilization of such power generation.
CHAPTER 2--ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING
SEC. 3121. INCLUSION OF SMART GRID CAPABILITY ON ENERGY GUIDE
LABELS.
Section 324(a)(2) of the Energy Policy and Conservation Act
(42 U.S.C. 6294(a)(2)) is amended by adding the following at
the end:
``(J) Smart grid capability on energy guide labels.--
``(i) Rule.--Not later than 1 year after the date of
enactment of this subparagraph, the Commission shall initiate
a rulemaking to consider making a special note in a prominent
manner on any Energy Guide label for any product that
includes Smart Grid capability that--
``(I) Smart Grid capability is a feature of that product;
``(II) the use and value of that feature depend on the
Smart Grid capability of the utility system in which the
product is installed and the active utilization of that
feature by the customer; and
``(III) on a utility system with Smart Grid capability, the
use of the product's Smart Grid capability could reduce the
customer's cost of the product's annual operation as a result
of the incremental energy and electricity cost savings that
would result from the customer taking full advantage of such
Smart Grid capability.
``(ii) Deadline.--Not later than 3 years after the date of
enactment of this subparagraph, the Commission shall complete
the rulemaking initiated under clause (i).''.
[[Page H3137]]
SEC. 3122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR
CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND
WATER HEATER PRODUCTS.
Section 326(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6296(b)) is amended by adding at the end the
following:
``(6) Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.--
``(A) Reliance on voluntary programs.--For the purpose of
verifying compliance with energy conservation standards
established under sections 325 and 342 for covered products
described in paragraphs (3), (4), (5), (9), and (11) of
section 322(a) and covered equipment described in
subparagraphs (B), (C), (D), (F), (I), (J), and (K) of
section 340(1), the Secretary shall rely on testing conducted
by recognized voluntary verification programs that are
recognized by the Secretary in accordance with subparagraph
(B).
``(B) Recognition of voluntary verification programs.--
``(i) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall initiate
a negotiated rulemaking in accordance with subchapter III of
chapter 5 of title 5, United States Code (commonly known as
the `Negotiated Rulemaking Act of 1990') to develop criteria
that have consensus support for achieving recognition by the
Secretary as an approved voluntary verification program. Any
subsequent amendment to such criteria may be made only
pursuant to a subsequent negotiated rulemaking in accordance
with subchapter III of chapter 5 of title 5, United States
Code.
``(ii) Minimum requirements.--The criteria developed under
clause (i) shall, at a minimum, ensure that a voluntary
verification program--
``(I) is nationally recognized;
``(II) is operated by a third party and not directly
operated by a program participant;
``(III) satisfies any applicable elements of--
``(aa) International Organization for Standardization
standard numbered 17025; and
``(bb) any other relevant International Organization for
Standardization standards identified and agreed to through
the negotiated rulemaking under clause (i);
``(IV) at least annually tests independently obtained
products following the test procedures established under this
title to verify the certified rating of a representative
sample of products and equipment within the scope of the
program;
``(V) maintains a publicly available list of all ratings of
products subject to verification;
``(VI) requires the changing of the performance rating or
removal of the product or equipment from the program if
testing determines that the performance rating does not meet
the levels the manufacturer has certified to the Secretary;
``(VII) requires new program participants to substantiate
ratings through test data generated in accordance with
Department of Energy regulations;
``(VIII) allows for challenge testing of products and
equipment within the scope of the program;
``(IX) requires program participants to disclose the
performance rating of all covered products and equipment
within the scope of the program for the covered product or
equipment;
``(X) provides to the Secretary--
``(aa) an annual report of all test results, the contents
of which shall be determined through the negotiated
rulemaking process under clause (i); and
``(bb) test reports, on the request of the Secretary, that
note any instructions specified by the manufacturer or the
representative of the manufacturer for the purpose of
conducting the verification testing; and
``(XI) satisfies any additional requirements or standards
that the Secretary shall establish consistent with this
subparagraph.
``(iii) Cessation of recognition.--The Secretary may only
cease recognition of a voluntary verification program as an
approved program described in subparagraph (A) upon a finding
that the program is not meeting its obligations for
compliance through program review criteria developed during
the negotiated rulemaking conducted under subparagraph (B).
``(C) Administration.--
``(i) In general.--The Secretary shall not require--
``(I) manufacturers to participate in a recognized
voluntary verification program described in subparagraph (A);
or
``(II) participating manufacturers to provide information
that has already been provided to the Secretary.
``(ii) List of covered products.--The Secretary may
maintain a publicly available list of covered products and
equipment that distinguishes between products that are and
are not covered products and equipment verified through a
recognized voluntary verification program described in
subparagraph (A).
``(iii) Periodic verification testing.--The Secretary--
``(I) shall not subject products or equipment that have
been verification tested under a recognized voluntary
verification program described in subparagraph (A) to
periodic verification testing to verify the accuracy of the
certified performance rating of the products or equipment;
but
``(II) may require testing of products or equipment
described in subclause (I)--
``(aa) if the testing is necessary--
``(AA) to assess the overall performance of a voluntary
verification program;
``(BB) to address specific performance issues;
``(CC) for use in updating test procedures and standards;
or
``(DD) for other purposes consistent with this title; or
``(bb) if such testing is agreed to during the negotiated
rulemaking conducted under subparagraph (B).
``(D) Effect on other authority.--Nothing in this paragraph
limits the authority of the Secretary to enforce compliance
with any law.''.
SEC. 3123. FACILITATING CONSENSUS FURNACE STANDARDS.
(a) Congressional Findings and Declaration of Purpose.--
(1) Findings.--Congress finds that--
(A) acting pursuant to the requirements of section 325 of
the Energy Policy and Conservation Act (42 U.S.C. 6295), the
Secretary of Energy is considering amending the energy
conservation standards applicable to residential
nonweatherized gas furnaces and mobile home gas furnaces;
(B) numerous stakeholders, representing manufacturers,
distributors, and installers of residential nonweatherized
gas furnaces and mobile home furnaces, natural gas utilities,
home builders, multifamily property owners, and energy
efficiency, environmental, and consumer advocates have begun
negotiations in an attempt to agree on a consensus
recommendation to the Secretary on levels for such standards
that will meet the statutory criteria; and
(C) the stakeholders believe these negotiations are likely
to result in a consensus recommendation, but several of the
stakeholders do not support suspending the current
rulemaking.
(2) Purpose.--It is the purpose of this section to provide
the stakeholders described in paragraph (1) with an
opportunity to continue negotiations for a limited time
period to facilitate the proposal for adoption of standards
that enjoy consensus support, while not delaying the current
rulemaking except to the extent necessary to provide such
opportunity.
(b) Opportunity for a Negotiated Furnace Standard.--Section
325(f)(4) of the Energy Policy and Conservation Act (42
U.S.C. 6295(f)(4)) is amended by adding after subparagraph
(D) the following:
``(E)(i) Unless the Secretary has published such a notice
prior to the date of enactment of this Act, the Secretary
shall publish, not later than October 31, 2015, a
supplemental notice of proposed rulemaking or a notice of
data availability updating the proposed rule entitled `Energy
Conservation Program for Consumer Products: Energy
Conservation Standards for Residential Furnaces' and
published in the Federal Register on March 12, 2015 (80 Fed.
Reg. 13119), to provide notice and an opportunity for comment
on--
``(I) dividing nonweatherized gas furnaces into two or more
product classes with separate energy conservation standards
based on capacity; and
``(II) any other matters the Secretary determines
appropriate.
``(ii) On receipt of a statement that is submitted on or
before January 1, 2016, jointly by interested persons that
are fairly representative of relevant points of view, that
contains recommended standards for nonweatherized gas
furnaces and mobile home gas furnaces that are consistent
with the requirements of this part (except that the date on
which such standards will apply may be earlier or later than
the date required under this part), the Secretary shall
evaluate the standards proposed in the joint statement for
consistency with the requirements of subsection (o), and
shall publish notice of the potential adoption of the
standards proposed in the joint statement, modified as
necessary to ensure consistency with subsection (o). The
Secretary shall solicit public comment for a period of at
least 30 days with respect to such notice.
``(iii) Not later than July 31, 2016, but not before July
1, 2016, the Secretary shall publish a final rule containing
a determination of whether the standards for nonweatherized
gas furnaces and mobile home gas furnaces should be amended.
Such rule shall contain any such amendments to the
standards.''.
SEC. 3124. NO WARRANTY FOR CERTAIN CERTIFIED ENERGY STAR
PRODUCTS.
Section 324A of the Energy Policy and Conservation Act (42
U.S.C. 6294a) is amended by adding at the end the following
new subsection:
``(e) No Warranty.--
``(1) In general.--Any disclosure relating to participation
of a product in the Energy Star program shall not create an
express or implied warranty or give rise to any private
claims or rights of action under State or Federal law
relating to the disqualification of that product from Energy
Star if--
``(A) the product has been certified by a certification
body recognized by the Energy Star program;
``(B) the Administrator has approved corrective measures,
including a determination of whether or not consumer
compensation is appropriate; and
``(C) the responsible party has fully complied with all
approved corrective measures.
``(2) Construal.--Nothing in this subsection shall be
construed to require the Administrator to modify any
procedure or take any other action.''.
SEC. 3125. CLARIFICATION TO EFFECTIVE DATE FOR REGIONAL
STANDARDS.
Section 325(o)(6)(E)(ii) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amended by
striking ``installed'' and inserting ``manufactured or
imported into the United States''.
SEC. 3126. INTERNET OF THINGS REPORT.
The Secretary of Energy shall, not later than 18 months
after the date of enactment of this Act, report to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on the efforts made to take advantage
of, and promote, the utilization of advanced technologies
such as Internet of Things end-to-end platform solutions to
provide real-time actionable analytics and enable predictive
maintenance and asset management to improve energy efficiency
wherever feasible. In doing so,
[[Page H3138]]
the Secretary shall look to encourage and utilize Internet of
Things energy management solutions that have security tightly
integrated into the hardware and software from the outset.
The Secretary shall also encourage the use of Internet of
Things solutions that enable seamless connectivity and that
are interoperable, open standards-based, and built on a
repeatable foundation for ease of scalability.
SEC. 3127. ENERGY SAVINGS FROM LUBRICATING OIL.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Energy, in cooperation with the
Administrator of the Environmental Protection Agency and the
Director of Management and Budget, shall--
(1) review and update the report prepared pursuant to
section 1838 of the Energy Policy Act of 2005;
(2) after consultation with relevant Federal, State, and
local agencies and affected industry and stakeholder groups,
update data that was used in preparing that report; and
(3) prepare and submit to Congress a coordinated Federal
strategy to increase the beneficial reuse of used lubricating
oil, that--
(A) is consistent with national policy as established
pursuant to section 2 of the Used Oil Recycling Act of 1980
(Public Law 96-463); and
(B) addresses measures needed to--
(i) increase the responsible collection of used oil;
(ii) disseminate public information concerning sustainable
reuse options for used oil; and
(iii) promote sustainable reuse of used oil by Federal
agencies, recipients of Federal grant funds, entities
contracting with the Federal Government, and the general
public.
SEC. 3128. DEFINITION OF EXTERNAL POWER SUPPLY.
Section 321(36)(A) of the Energy Policy and Conservation
Act (42 U.S.C. 6291(36)(A)) is amended--
(1) by striking the subparagraph designation and all that
follows through ``The term'' and inserting the following:
``(A) External power supply.--
``(i) In general.--The term''; and
(2) by adding at the end the following:
``(ii) Exclusion.--The term `external power supply' does
not include a power supply circuit, driver, or device that is
designed exclusively to be connected to, and power--
``(I) light-emitting diodes providing illumination; or
``(II) organic light-emitting diodes providing
illumination.''.
SEC. 3129. STANDARDS FOR POWER SUPPLY CIRCUITS CONNECTED TO
LEDS OR OLEDS.
(a) In General.--Section 325(u) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(u)) is amended by adding at
the end the following:
``(6) Power supply circuits connected to leds or oleds.--
Notwithstanding the exclusion described in section
321(36)(A)(ii), the Secretary may prescribe, in accordance
with subsections (o) and (p) and section 322(b), an energy
conservation standard for a power supply circuit, driver, or
device that is designed primarily to be connected to, and
power, light-emitting diodes or organic light-emitting diodes
providing illumination.''.
(b) Energy Conservation Standards.--Section 346 of the
Energy Policy and Conservation Act (42 U.S.C. 6317) is
amended by adding at the end the following:
``(g) Energy Conservation Standard for Power Supply
Circuits Connected to LEDS or OLEDS.--Not earlier than 1 year
after applicable testing requirements are prescribed under
section 343, the Secretary may prescribe an energy
conservation standard for a power supply circuit, driver, or
device that is designed primarily to be connected to, and
power, light-emitting diodes or organic light-emitting diodes
providing illumination.''.
CHAPTER 3--SCHOOL BUILDINGS
SEC. 3131. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR
SCHOOLS.
Section 392 of the Energy Policy and Conservation Act (42
U.S.C. 6371a) is amended by adding at the end the following:
``(e) Coordination of Energy Retrofitting Assistance for
Schools.--
``(1) Definition of school.--Notwithstanding section
391(6), for the purposes of this subsection, the term
`school' means--
``(A) an elementary school or secondary school (as defined
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
``(B) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)));
``(C) a school of the defense dependents' education system
under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et seq.) or established under section 2164 of
title 10, United States Code;
``(D) a school operated by the Bureau of Indian Affairs;
``(E) a tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2511)); and
``(F) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
``(2) Establishment of clearinghouse.--The Secretary,
acting through the Office of Energy Efficiency and Renewable
Energy, shall establish a clearinghouse to disseminate
information regarding available Federal programs and
financing mechanisms that may be used to help initiate,
develop, and finance energy efficiency, distributed
generation, and energy retrofitting projects for schools.
``(3) Requirements.--In carrying out paragraph (2), the
Secretary shall--
``(A) consult with appropriate Federal agencies to develop
a list of Federal programs and financing mechanisms that are,
or may be, used for the purposes described in paragraph (2);
and
``(B) coordinate with appropriate Federal agencies to
develop a collaborative education and outreach effort to
streamline communications and promote available Federal
programs and financing mechanisms described in subparagraph
(A), which may include the development and maintenance of a
single online resource that includes contact information for
relevant technical assistance in the Office of Energy
Efficiency and Renewable Energy that States, local education
agencies, and schools may use to effectively access and use
such Federal programs and financing mechanisms.''.
CHAPTER 4--BUILDING ENERGY CODES
SEC. 3141. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832), as amended by section
3116, is further amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code
or standard developed and updated through a consensus process
among interested persons, such as the IECC or ASHRAE Standard
90.1 or a code used by other appropriate organizations
regarding which the Secretary has issued a determination that
buildings subject to it would achieve greater energy
efficiency than under a previously developed code.''; and
(2) by adding at the end the following:
``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard
90.1' means the American Society of Heating, Refrigerating
and Air-Conditioning Engineers ANSI/ASHRAE/IES Standard 90/1
Energy Standard for Buildings Except Low-Rise Residential
Buildings.
``(19) Cost-effective.--The term `cost-effective' means
having a simple payback of 10 years or less.
``(20) IECC.--The term `IECC' means the International
Energy Conservation Code as published by the International
Code Council.
``(21) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).
``(22) Simple payback.--The term `simple payback' means the
time in years that is required for energy savings to exceed
the incremental first cost of a new requirement or code.
``(23) Technically feasible.--The term `technically
feasible' means capable of being achieved, based on widely
available appliances, equipment, technologies, materials, and
construction practices.''.
(b) State Building Energy Efficiency Codes.--Section 304 of
the Energy Conservation and Production Act (42 U.S.C. 6833)
is amended to read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) In General.--The Secretary shall provide technical
assistance, as described in subsection (e), for the purposes
of--
``(1) implementation of building energy codes by States,
Indian tribes, and, as appropriate, by local governments,
that are technically feasible and cost-effective; and
``(2) supporting full compliance with the State, tribal,
and local codes.
``(b) State and Indian Tribe Certification of Building
Energy Code Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 3 years after the date on
which a model building energy code is published, each State
or Indian tribe shall certify whether or not the State or
Indian tribe, respectively, has reviewed and updated the
energy provisions of the building code of the State or Indian
tribe, respectively.
``(B) Demonstration.--The certification shall include a
statement of whether or not the energy savings for the code
provisions that are in effect throughout the State or Indian
tribal territory meet or exceed--
``(i) the energy savings of the most recently published
model building energy code; or
``(ii) the targets established under section 307(b)(2).
``(C) No model building energy code update.--If a model
building energy code is not updated by a target date
established under section 307(b)(2)(D), each State or Indian
tribe shall, not later than 3 years after the specified date,
certify whether or not the State or Indian tribe,
respectively, has reviewed and updated the energy provisions
of the building code of the State or Indian tribe,
respectively, to meet or exceed the target in section
307(b)(2).
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions of the State or
Indian tribe, respectively, meet the criteria specified in
paragraph (1);
``(B) determine whether the certification submitted by the
State or Indian tribe, respectively, is complete; and
``(C) if the requirements of subparagraph (B) are
satisfied, validate the certification.
``(3) Limitation.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(c) Improvements in Compliance With Building Energy
Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the date of
a certification under subsection (b), each State and Indian
tribe shall certify whether or not the State or Indian tribe,
respectively, has--
``(i) achieved full compliance under paragraph (3) with the
applicable certified State or Indian tribe building energy
code or with the associated model building energy code; or
[[Page H3139]]
``(ii) made significant progress under paragraph (4) toward
achieving compliance with the applicable certified State or
Indian tribe building energy code or with the associated
model building energy code.
``(B) Repeat certifications.--If the State or Indian tribe
certifies progress toward achieving compliance, the State or
Indian tribe shall repeat the certification until the State
or Indian tribe certifies that the State or Indian tribe has
achieved full compliance.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) inspections of a random sample of the buildings
covered by the code in the preceding year; or
``(B) an alternative method that yields an accurate measure
of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under
paragraph (1) if--
``(A) at least 90 percent of building space covered by the
code in the preceding year substantially meets all the
requirements of the applicable code specified in paragraph
(1), or achieves equivalent or greater energy savings level;
or
``(B) the estimated excess energy use of buildings that did
not meet the applicable code specified in paragraph (1) in
the preceding year, compared to a baseline of comparable
buildings that meet this code, is not more than 5 percent of
the estimated energy use of all buildings covered by this
code during the preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance
for purposes of paragraph (1) if the State or Indian tribe--
``(A) has developed and is implementing a plan for
achieving compliance during the 8-year period beginning on
the date of enactment of this paragraph, including annual
targets for compliance and active training and enforcement
programs; and
``(B) has met the most recent target under subparagraph
(A).
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the State or Indian tribe has
demonstrated meeting the criteria of this subsection,
including accurate measurement of compliance;
``(B) determine whether the certification submitted by the
State or Indian tribe is complete; and
``(C) if the requirements of subparagraph (B) are
satisfied, validate the certification.
``(6) Limitation.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(d) States or Indian Tribes That Do Not Achieve
Compliance.--
``(1) Reporting.--A State or Indian tribe that has not made
a certification required under subsection (b) or (c) by the
applicable deadline shall submit to the Secretary a report on
the status of the State or Indian tribe with respect to
meeting the requirements and submitting the certification.
``(2) State sovereignty.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(3) Local government.--In any State or Indian tribe for
which the Secretary has not validated a certification under
subsection (b) or (c), a local government may be eligible for
Federal support by meeting the certification requirements of
subsections (b) and (c).
``(4) Annual reports by secretary.--
``(A) In general.--The Secretary shall annually submit to
Congress, and publish in the Federal Register, a report on--
``(i) the status of model building energy codes;
``(ii) the status of code adoption and compliance in the
States and Indian tribes;
``(iii) implementation of this section; and
``(iv) improvements in energy savings over time as a result
of the targets established under section 307(b)(2).
``(B) Impacts.--The report shall include estimates of
impacts of past action under this section, and potential
impacts of further action, on--
``(i) upfront financial and construction costs, cost
benefits and returns (using a return on investment analysis),
and lifetime energy use for buildings;
``(ii) resulting energy costs to individuals and
businesses; and
``(iii) resulting overall annual building ownership and
operating costs.
``(e) Technical Assistance to States and Indian Tribes.--
``(1) In general.--The Secretary shall, upon request,
provide technical assistance to States and Indian tribes to
implement the goals and requirements of this section--
``(A) to implement State residential and commercial
building energy codes; and
``(B) to document the rate of compliance with a building
energy code.
``(2) Technical assistance.--The assistance shall include,
as requested by the State or Indian tribe, technical
assistance in--
``(A) evaluating the energy savings of building energy
codes;
``(B) assessing the economic considerations, referenced in
section 307(b)(4), of implementing building energy codes;
``(C) building energy analysis and design tools;
``(D) energy simulation models;
``(E) building demonstrations;
``(F) developing the definitions of energy use intensity
and building types for use in model building energy codes to
evaluate the efficiency impacts of the model building energy
codes; and
``(G) complying with a performance-based pathway referenced
in the model code.
``(3) Exclusion.--For purposes of this section, `technical
assistance' shall not include actions that promote or
discourage the adoption of a particular building energy code,
code provision, or energy savings target to a State or Indian
tribe.
``(4) Information quality and transparency.--For purposes
of this section, information provided by the Secretary,
attendant to any technical assistance provided to a State or
Indian tribe, is `influential information' and shall satisfy
the guidelines established by the Office of Management and
Budget and published at 67 Federal Register 8,452 (February
22, 2002).
``(f) Federal Support.--
``(1) In general.--The Secretary shall provide support to
States and Indian tribes--
``(A) to implement the reporting requirements of this
section; and
``(B) to implement residential and commercial building
energy codes, including increasing and verifying compliance
with the codes and training of State, tribal, and local
building code officials to implement and enforce the codes.
``(2) Exclusion.--Support shall not be given to support
adoption and implementation of model building energy codes
for which the Secretary has made a determination under
section 307(g)(1)(C) that the code is not cost-effective.
``(3) Training.--Support shall be offered to States to
train State and local building code officials to implement
and enforce codes described in paragraph (1)(B).
``(4) Local governments.--States may work under this
subsection with local governments that implement and enforce
codes described in paragraph (1)(B).
``(g) Voluntary Programs To Exceed Model Building Energy
Code.--
``(1) In general.--The Secretary shall provide technical
assistance, as described in subsection (e), for the
development of voluntary programs that exceed the model
building energy codes for residential and commercial
buildings for use as--
``(A) voluntary incentive programs adopted by local,
tribal, or State governments; and
``(B) nonbinding guidelines for energy-efficient building
design.
``(2) Targets.--The voluntary programs described in
paragraph (1) shall be designed--
``(A) to achieve substantial energy savings compared to the
model building energy codes; and
``(B) to meet targets under section 307(b), if available,
up to 3 to 6 years in advance of the target years.
``(h) Studies.--
``(1) GAO study.--
``(A) In general.--The Comptroller General of the United
States shall conduct a study of the impacts of updating the
national model building energy codes for residential and
commercial buildings. In conducting the study, the
Comptroller General shall consider and report, at a minimum--
``(i) the actual energy consumption savings stemming from
updated energy codes compared to the energy consumption
savings predicted during code development;
``(ii) the actual consumer cost savings stemming from
updated energy codes compared to predicted consumer cost
savings; and
``(iii) an accounting of expenditures of the Federal funds
under each program authorized by this title.
``(B) Report to congress.--Not later than 3 years after the
date of enactment of the North American Energy Security and
Infrastructure Act of 2016, the Comptroller General of the
United States shall submit a report to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives
including the study findings and conclusions.
``(2) Feasibility study.--The Secretary, in consultation
with building science experts from the National Laboratories
and institutions of higher education, designers and builders
of energy-efficient residential and commercial buildings,
code officials, and other stakeholders, shall undertake a
study of the feasibility, impact, economics, and merit of--
``(A) code improvements that would require that buildings
be designed, sited, and constructed in a manner that makes
the buildings more adaptable in the future to become zero-
net-energy after initial construction, as advances are
achieved in energy-saving technologies;
``(B) code procedures to incorporate a ten-year payback,
not just first-year energy use, in trade-offs and performance
calculations; and
``(C) legislative options for increasing energy savings
from building energy codes, including additional incentives
for effective State and local verification of compliance with
and enforcement of a code.
``(3) Energy data in multitenant buildings.--The Secretary,
in consultation with appropriate representatives of the
utility, utility regulatory, building ownership, and other
stakeholders, shall--
``(A) undertake a study of best practices regarding
delivery of aggregated energy consumption information to
owners and managers of residential and commercial buildings
with multiple tenants and uses; and
``(B) consider the development of a memorandum of
understanding between and among affected stakeholders to
reduce barriers to the delivery of aggregated energy
consumption information to such owners and managers.
``(i) Effect on Other Laws.--Nothing in this section or
section 307 supersedes or modifies the application of
sections 321 through 346 of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et seq.).
``(j) Funding Limitations.--No Federal funds shall be--
[[Page H3140]]
``(1) used to support actions by the Secretary, or States,
to promote or discourage the adoption of a particular
building energy code, code provision, or energy saving target
to a State or Indian tribe; or
``(2) provided to private third parties or non-governmental
organizations to engage in such activities.''.
(c) Federal Building Energy Efficiency Standards.--Section
305 of the Energy Conservation and Production Act (42 U.S.C.
6834) is amended by striking ``voluntary building energy
code'' in subsections (a)(2)(B) and (b) and inserting ``model
building energy code''.
(d) Model Building Energy Codes.--
(1) Amendment.--Section 307 of the Energy Conservation and
Production Act (42 U.S.C. 6836) is amended to read as
follows:
``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.
``(a) In General.--The Secretary shall provide technical
assistance, as described in subsection (c), for updating of
model building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall provide technical
assistance, for updating the model building energy codes.
``(2) Targets.--
``(A) In general.--The Secretary shall provide technical
assistance to States, Indian tribes, local governments,
nationally recognized code and standards developers, and
other interested parties for updating of model building
energy codes by establishing one or more aggregate energy
savings targets through rulemaking in accordance with section
553 of title 5, United States Code, to achieve the purposes
of this section.
``(B) Separate targets.--Separate targets may be
established for commercial and residential buildings.
``(C) Baselines.--The baseline for updating model building
energy codes shall be the 2009 IECC for residential buildings
and ASHRAE Standard 90.1-2010 for commercial buildings.
``(D) Specific years.--
``(i) In general.--Targets for specific years shall be
established and revised by the Secretary through rulemaking
in accordance with section 553 of title 5, United States
Code, and coordinated with nationally recognized code and
standards developers at a level that--
``(I) is at the maximum level of energy efficiency that is
technically feasible and cost effective, while accounting for
the economic considerations under paragraph (4); and
``(II) promotes the achievement of commercial and
residential high performance buildings through high
performance energy efficiency (within the meaning of section
401 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17061)).
``(ii) Initial targets.--Not later than 1 year after the
date of enactment of this clause, the Secretary shall
establish initial targets under this subparagraph.
``(iii) Different target years.--Subject to clause (i),
prior to the applicable year, the Secretary may set a later
target year for any of the model building energy codes
described in subparagraph (A) if the Secretary determines
that a target cannot be met.
``(E) Small business.--When establishing targets under this
paragraph through rulemaking, the Secretary shall ensure
compliance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121)
for any indirect economic effect on small entities that is
reasonably foreseeable and a result of such rule.
``(3) Appliance standards and other factors affecting
building energy use.--In establishing energy savings targets
under paragraph (2), the Secretary shall develop and adjust
the targets in recognition of potential savings and costs
relating to--
``(A) efficiency gains made in appliances, lighting,
windows, insulation, and building envelope sealing;
``(B) advancement of distributed generation and on-site
renewable power generation technologies;
``(C) equipment improvements for heating, cooling, and
ventilation systems and water heating systems;
``(D) building management systems and smart grid
technologies to reduce energy use; and
``(E) other technologies, practices, and building systems
regarding building plug load and other energy uses.
In developing and adjusting the targets, the Secretary shall
use climate zone weighted averages for equipment efficiency
for heating, cooling, ventilation, and water heating systems,
using equipment that is actually installed.
``(4) Economic considerations.--In establishing and
revising energy savings targets under paragraph (2), the
Secretary shall consider the economic feasibility of
achieving the proposed targets established under this section
and the potential costs and savings for consumers and
building owners, by conducting a return on investment
analysis, using a simple payback methodology over a 3-, 5-,
and 7-year period. The Secretary shall not propose or provide
technical or financial assistance for any code, provision in
the code, or energy target, or amendment thereto, that has a
payback greater than 10 years.
``(c) Technical Assistance to Model Building Energy Code-
Setting and Standard Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standard development organizations consistent
with the goals of this section.
``(2) Technical assistance.--The assistance shall include,
as requested by the organizations, technical assistance in--
``(A) evaluating the energy savings of building energy
codes;
``(B) assessing the economic considerations, under
subsection (b)(4), of code or standards proposals or
revisions;
``(C) building energy analysis and design tools;
``(D) energy simulation models;
``(E) building demonstrations;
``(F) developing definitions of energy use intensity and
building types for use in model building energy codes to
evaluate the efficiency impacts of the model building energy
codes;
``(G) developing a performance-based pathway for
compliance;
``(H) developing model building energy codes by Indian
tribes in accordance with tribal law; and
``(I) code development meetings, including through direct
Federal employee participation in committee meetings,
hearings and online communication, voting, and presenting
research and technical or economic analyses during such
meetings.
``(3) Exclusion.--Except as provided in paragraph (2)(I),
for purposes of this section, `technical assistance' shall
not include actions that promote or discourage the adoption
of a particular building energy code, code provision, or
energy savings target.
``(4) Information quality and transparency.--For purposes
of this section, information provided by the Secretary,
attendant to development of any energy savings targets, is
influential information and shall satisfy the guidelines
established by the Office of Management and Budget and
published at 67 Federal Register 8,452 (February 22, 2002).
``(d) Amendment Proposals.--
``(1) In general.--The Secretary may submit timely model
building energy code amendment proposals that are technically
feasible, cost-effective, and technology-neutral to the model
building energy code-setting and standard development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets
established under subsection (b)(2).
``(2) Process and factors.--All amendment proposals
submitted by the Secretary shall be published in the Federal
Register and made available on the Department of Energy
website 90 days prior to any submittal to a code development
body, and shall be subject to a public comment period of not
less than 60 days. Information provided by the Secretary,
attendant to submission of any amendment proposals, is
influential information and shall satisfy the guidelines
established by the Office of Management and Budget and
published at 67 Federal Register 8,452 (February 22, 2002).
When calculating the costs and benefits of an amendment, the
Secretary shall use climate zone weighted averages for
equipment efficiency for heating, cooling, ventilation, and
water heating systems, using equipment that is actually
installed.
``(e) Analysis Methodology.--The Secretary shall make
publicly available the entire calculation methodology
(including input assumptions and data) used by the Secretary
to estimate the energy savings of code or standard proposals
and revisions.
``(f) Methodology Development.--The Secretary shall
establish a methodology for evaluating cost effectiveness of
energy code changes in multifamily buildings that
incorporates economic parameters representative of typical
multifamily buildings.
``(g) Determination.--
``(1) Revision of model building energy codes.--If the
provisions of the IECC or ASHRAE Standard 90.1 regarding
building energy use are revised, the Secretary shall make a
preliminary determination not later than 90 days after the
date of the revision, and a final determination not later
than 15 months after the date of the revision, on whether or
not the revision--
``(A) improves energy efficiency in buildings compared to
the existing IECC or ASHRAE Standard 90.1, as applicable;
``(B) meets the applicable targets under subsection (b)(2);
and
``(C) is technically feasible and cost-effective.
``(2) Codes or standards not meeting criteria.--
``(A) In general.--If the Secretary makes a preliminary
determination under paragraph (1)(B) that a revised IECC or
ASHRAE Standard 90.1 does not meet the targets established
under subsection (b)(2), is not technically feasible, or is
not cost-effective, the Secretary may at the same time
provide technical assistance, as described in subsection (c),
to the International Code Council or ASHRAE, as applicable,
with proposed changes that would result in a model building
energy code or standard that meets the criteria, and with
supporting evidence. Proposed changes submitted by the
Secretary shall be published in the Federal Register and made
available on the Department of Energy website 90 days prior
to any submittal to a code development body, and shall be
subject to a public comment period of not less than 60 days.
Information provided by the Secretary, attendant to
submission of any amendment proposals, is influential
information and shall satisfy the guidelines established by
the Office of Management and Budget and published at 67
Federal Register 8,452 (February 22, 2002).
``(B) Incorporation of changes.--
``(i) In general.--On receipt of the technical assistance,
as described in subsection (c), the International Code
Council or ASHRAE, as applicable, shall, prior to the
Secretary making a final determination under paragraph (1),
have an additional 270 days to accept or reject the proposed
changes made by the Secretary to the model building energy
code or standard.
``(ii) Final determination.--A final determination under
paragraph (1) shall be on the final revised model building
energy code or standard.
``(h) Administration.--In carrying out this section, the
Secretary shall--
[[Page H3141]]
``(1) publish notice of targets, amendment proposals and
supporting analysis and determinations under this section in
the Federal Register to provide an explanation of and the
basis for such actions, including any supporting modeling,
data, assumptions, protocols, and cost-benefit analysis,
including return on investment;
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section, in accordance with section 553 of title 5, United
States Code; and
``(3) provide an opportunity for public comment on
amendment proposals.
``(i) Voluntary Codes and Standards.--Not withstanding any
other provision of this section, any model building code or
standard established under this section shall not be binding
on a State, local government, or Indian tribe as a matter of
Federal law.''.
(2) Conforming amendment.--The item relating to section 307
in the table of contents for the Energy Conservation and
Production Act is amended to read as follows:
``Sec. 307. Support for model building energy codes.''.
SEC. 3142. VOLUNTARY NATURE OF BUILDING ASSET RATING PROGRAM.
(a) In General.--Any program of the Secretary of Energy
that may enable the owner of a commercial building or a
residential building to obtain a rating, score, or label
regarding the actual or anticipated energy usage or
performance of a building shall be made available on a
voluntary, optional, and market-driven basis.
(b) Disclaimer as to Regulatory Intent.--Information
disseminated by the Secretary of Energy regarding the program
described in subsection (a), including any information made
available by the Secretary on a website, shall include
language plainly stating that such program is not developed
or intended to be the basis for a regulatory program by a
Federal, State, local, or municipal government body.
CHAPTER 5--EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS
SEC. 3151. MODIFYING PRODUCT DEFINITIONS.
(a) Authority To Modify Definitions.--
(1) Covered products.--Section 322 of the Energy Policy and
Conservation Act (42 U.S.C. 6292) is amended by adding at the
end the following:
``(c) Modifying Definitions of Covered Products.--
``(1) In general.--For any covered product for which a
definition is provided in section 321, the Secretary may, by
rule, unless prohibited herein, modify such definition in
order to--
``(A) address significant changes in the product or the
market occurring since the definition was established; and
``(B) better enable improvements in the energy efficiency
of the product as part of an energy using system.
``(2) Antibacksliding exemption.--Section 325(o)(1) shall
not apply to adjustments to covered product definitions made
pursuant to this subsection.
``(3) Procedure for modifying definition.--
``(A) In general.--Notice of any adjustment to the
definition of a covered product and an explanation of the
reasons therefor shall be published in the Federal Register
and opportunity provided for public comment.
``(B) Consensus required.--Any amendment to the definition
of a covered product under this subsection must have
consensus support, as reflected in--
``(i) the outcome of negotiations conducted in accordance
with the subchapter III of chapter 5 of title 5, United
States Code (commonly known as the `Negotiated Rulemaking Act
of 1990'); or
``(ii) the Secretary's receipt of a statement that is
submitted jointly by interested persons that are fairly
representative of relevant points of view (including
representatives of manufacturers of covered products, States,
and efficiency advocates), as determined by the Secretary,
which contains a recommended modified definition for a
covered product.
``(4) Effect of a modified definition.--
``(A) In general.--For any type or class of consumer
product which becomes a covered product pursuant to this
subsection--
``(i) the Secretary may establish test procedures for such
type or class of covered product pursuant to section 323 and
energy conservation standards pursuant to section 325(l);
``(ii) the Commission may prescribe labeling rules pursuant
to section 324 if the Commission determines that labeling in
accordance with that section is technologically and
economically feasible and likely to assist consumers in
making purchasing decisions;
``(iii) section 327 shall begin to apply to such type or
class of covered product in accordance with section
325(ii)(1); and
``(iv) standards previously promulgated under section 325
shall not apply to such type or class of product.
``(B) Applicability.--For any type or class of consumer
product which ceases to be a covered product pursuant to this
subsection, the provisions of this part shall no longer apply
to the type or class of consumer product.''.
(2) Covered equipment.--Section 341 of the Energy Policy
and Conservation Act (42 U.S.C. 6312) is amended by adding at
the end the following:
``(d) Modifying Definitions of Covered Equipment.--
``(1) In general.--For any covered equipment for which a
definition is provided in section 340, the Secretary may, by
rule, unless prohibited herein, modify such definition in
order to--
``(A) address significant changes in the product or the
market occurring since the definition was established; and
``(B) better enable improvements in the energy efficiency
of the equipment as part of an energy using system.
``(2) Antibacksliding exemption.--Section 325(o)(1) shall
not apply to adjustments to covered equipment definitions
made pursuant to this subsection.
``(3) Procedure for modifying definition.--
``(A) In general.--Notice of any adjustment to the
definition of a type of covered equipment and an explanation
of the reasons therefor shall be published in the Federal
Register and opportunity provided for public comment.
``(B) Consensus required.--Any amendment to the definition
of a type of covered equipment under this subsection must
have consensus support, as reflected in--
``(i) the outcome of negotiations conducted in accordance
with the subchapter III of chapter 5 of title 5, United
States Code (commonly known as the `Negotiated Rulemaking Act
of 1990'); or
``(ii) the Secretary's receipt of a statement that is
submitted jointly by interested persons that are fairly
representative of relevant points of view (including
representatives of manufacturers of covered equipment,
States, and efficiency advocates), as determined by the
Secretary, which contains a recommended modified definition
for a type of covered equipment.
``(4) Effect of a modified definition.--
``(A) For any type or class of equipment which becomes
covered equipment pursuant to this subsection--
``(i) the Secretary may establish test procedures for such
type or class of covered equipment pursuant to section 343
and energy conservation standards pursuant to section 325(l);
``(ii) the Secretary may prescribe labeling rules pursuant
to section 344 if the Secretary determines that labeling in
accordance with that section is technologically and
economically feasible and likely to assist purchasers in
making purchasing decisions;
``(iii) section 327 shall begin to apply to such type or
class of covered equipment in accordance with section
325(ii)(1); and
``(iv) standards previously promulgated under section 325,
342, or 346 shall not apply to such type or class of covered
equipment.
``(B) For any type or class of equipment which ceases to be
covered equipment pursuant to this subsection the provisions
of this part shall no longer apply to the type or class of
equipment.''.
(b) Conforming Amendments Providing for Judicial Review.--
(1) Section 336 of the Energy Policy and Conservation Act
(42 U.S.C. 6306) is amended by striking ``section 323,'' each
place it appears and inserting ``section 322, 323,''; and
(2) Section 345(a)(1) of the Energy Policy and Conservation
Act (42 U.S.C. 6316(a)(1)) is amended to read as follows:
``(1) the references to sections 322, 323, 324, and 325 of
this Act shall be considered as references to sections 341,
343, 344, and 342 of this Act, respectively;''.
SEC. 3152. CLARIFYING RULEMAKING PROCEDURES.
(a) Covered Products.--Section 325(p) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(p)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (5), and (6), respectively;
(2) by inserting before paragraph (2) (as so redesignated
by paragraph (1) of this subsection) the following:
``(1) The Secretary shall provide an opportunity for public
input prior to the issuance of a proposed rule, seeking
information--
``(A) identifying and commenting on design options;
``(B) on the existence of and opportunities for voluntary
nonregulatory actions; and
``(C) identifying significant subgroups of consumers and
manufacturers that merit analysis.'';
(3) in paragraph (3) (as so redesignated by paragraph (1)
of this subsection)--
(A) in subparagraph (C), by striking ``and'' after
``adequate;'';
(B) in subparagraph (D), by striking ``standard.'' and
inserting ``standard;''; and
(C) by adding at the end the following new subparagraphs:
``(E) whether the technical and economic analytical
assumptions, methods, and models used to justify the standard
to be prescribed are--
``(i) justified; and
``(ii) available and accessible for public review,
analysis, and use; and
``(F) the cumulative regulatory impacts on the
manufacturers of the product, taking into account--
``(i) other government standards affecting energy use; and
``(ii) other energy conservation standards affecting the
same manufacturers.''; and
(4) by inserting after paragraph (3) (as so redesignated by
paragraph (1) of this subsection) the following:
``(4) Restriction on test procedure amendments.--
``(A) In general.--Any proposed energy conservation
standards rule shall be based on the final test procedure
which shall be used to determine compliance, and the public
comment period on the proposed standards shall conclude no
sooner than 180 days after the date of publication of a final
rule revising the test procedure.
``(B) Exception.--The Secretary may propose or prescribe an
amendment to the test procedures issued pursuant to section
323 for any type or class of covered product after the
issuance of a notice of proposed rulemaking to prescribe an
amended or new energy conservation standard for that type or
class of covered product, but before the issuance of a final
rule prescribing any such standard, if--
``(i) the amendments to the test procedure have consensus
support achieved through a rulemaking conducted in accordance
with the subchapter III of chapter 5 of title 5, United
[[Page H3142]]
States Code (commonly known as the `Negotiated Rulemaking Act
of 1990'); or
``(ii) the Secretary receives a statement that is submitted
jointly by interested persons that are fairly representative
of relevant points of view (including representatives of
manufacturers of the type or class of covered product,
States, and efficiency advocates), as determined by the
Secretary, which contains a recommendation that a
supplemental notice of proposed rulemaking is not necessary
for the type or class of covered product.''.
(b) Conforming Amendment.--Section 345(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended
by striking ``section 325(p)(4),'' and inserting ``section
325(p)(3), (4), and (6),''.
CHAPTER 6--ENERGY AND WATER EFFICIENCY
SEC. 3161. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a utility;
(B) a municipality;
(C) a water district; and
(D) any other authority that provides water, wastewater, or
water reuse services.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Smart energy and water efficiency pilot program.--The
term ``smart energy and water efficiency pilot program'' or
``pilot program'' means the pilot program established under
subsection (b).
(b) Smart Energy and Water Efficiency Pilot Program.--
(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency management pilot
program in accordance with this section.
(2) Purpose.--The purpose of the smart energy and water
efficiency pilot program is to award grants to eligible
entities to demonstrate advanced and innovative technology-
based solutions that will--
(A) increase and improve the energy efficiency of water,
wastewater, and water reuse systems to help communities
across the United States make significant progress in
conserving water, saving energy, and reducing costs;
(B) support the implementation of innovative processes and
the installation of advanced automated systems that provide
real-time data on energy and water; and
(C) improve energy and water conservation, water quality,
and predictive maintenance of energy and water systems,
through the use of Internet-connected technologies, including
sensors, intelligent gateways, and security embedded in
hardware.
(3) Project selection.--
(A) In general.--The Secretary shall make competitive,
merit-reviewed grants under the pilot program to not less
than 3, but not more than 5, eligible entities.
(B) Selection criteria.--In selecting an eligible entity to
receive a grant under the pilot program, the Secretary shall
consider--
(i) energy and cost savings anticipated to result from the
project;
(ii) the innovative nature, commercial viability, and
reliability of the technology to be used;
(iii) the degree to which the project integrates next-
generation sensors, software, hardware, analytics, and
management tools;
(iv) the anticipated cost effectiveness of the pilot
project in terms of energy efficiency savings, water savings
or reuse, and infrastructure costs averted;
(v) whether the technology can be deployed in a variety of
geographic regions and the degree to which the technology can
be implemented on a smaller or larger scale, including
whether the technology can be implemented by each type of
eligible entity;
(vi) whether the technology has been successfully deployed
elsewhere;
(vii) whether the technology is sourced from a manufacturer
based in the United States; and
(viii) whether the project will be completed in 5 years or
less.
(C) Applications.--
(i) In general.--Subject to clause (ii), an eligible entity
seeking a grant under the pilot program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary determines to be
necessary.
(ii) Contents.--An application under clause (i) shall, at a
minimum, include--
(I) a description of the project;
(II) a description of the technology to be used in the
project;
(III) the anticipated results, including energy and water
savings, of the project;
(IV) a comprehensive budget for the project;
(V) the names of the project lead organization and any
partners;
(VI) the number of users to be served by the project; and
(VII) any other information that the Secretary determines
to be necessary to complete the review and selection of a
grant recipient.
(4) Administration.--
(A) In general.--Not later than 300 days after the date of
enactment of this Act, the Secretary shall select grant
recipients under this section.
(B) Evaluations.--The Secretary shall annually carry out an
evaluation of each project for which a grant is provided
under this section that--
(i) evaluates the progress and impact of the project; and
(ii) assesses the degree to which the project is meeting
the goals of the pilot program.
(C) Technical and policy assistance.--On the request of a
grant recipient, the Secretary shall provide technical and
policy assistance to the grant recipient to carry out the
project.
(D) Best practices.--The Secretary shall make available to
the public--
(i) a copy of each evaluation carried out under
subparagraph (B); and
(ii) a description of any best practices identified by the
Secretary as a result of those evaluations.
(E) Report to congress.--The Secretary shall submit to
Congress a report containing the results of each evaluation
carried out under subparagraph (B).
(c) Funding.--To carry out this section, the Secretary is
authorized to use not more than $15,000,000, to the extent
provided in advance in appropriation Acts.
SEC. 3162. WATERSENSE.
(a) In General.--The Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.) is amended by adding after section 324A
the following:
``SEC. 324B. WATERSENSE.
``(a) WaterSense.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary program, to be
entitled `WaterSense', to identify water efficient products,
buildings, landscapes, facilities, processes, and services
that sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community water
systems and wastewater and stormwater infrastructure;
``(C) conserve energy used to pump, heat, transport, and
treat water; and
``(D) preserve water resources for future generations,
through voluntary labeling of, or other forms of
communications about, products, buildings, landscapes,
facilities, processes, and services while still meeting
strict performance criteria.
``(2) Duties.--The Administrator, coordinating as
appropriate with the Secretary of Energy, shall--
``(A) establish--
``(i) a WaterSense label to be used for items meeting the
certification criteria established in this section; and
``(ii) the procedure, including the methods and means, by
which an item may be certified to display the WaterSense
label;
``(B) conduct a public awareness education campaign
regarding the WaterSense label;
``(C) preserve the integrity of the WaterSense label by--
``(i) establishing and maintaining feasible performance
criteria so that products, buildings, landscapes, facilities,
processes, and services labeled with the WaterSense label
perform as well or better than less water-efficient
counterparts;
``(ii) overseeing WaterSense certifications made by third
parties;
``(iii) using testing protocols, from the appropriate,
applicable, and relevant consensus standards, for the purpose
of determining standards compliance; and
``(iv) auditing the use of the WaterSense label in the
marketplace and preventing cases of misuse; and
``(D) not more often than every six years, review and, if
appropriate, update WaterSense criteria for the defined
categories of water-efficient product, building, landscape,
process, or service, including--
``(i) providing reasonable notice to interested parties and
the public of any such changes, including effective dates,
and an explanation of the changes;
``(ii) soliciting comments from interested parties and the
public prior to any such changes;
``(iii) as appropriate, responding to comments submitted by
interested parties and the public; and
``(iv) providing an appropriate transition time prior to
the applicable effective date of any such changes, taking
into account the timing necessary for the manufacture,
marketing, training, and distribution of the specific water-
efficient product, building, landscape, process, or service
category being addressed.
``(b) Use of Science.--In carrying out this section, and,
to the degree that an agency action is based on science, the
Administrator shall use--
``(1) the best available peer-reviewed science and
supporting studies conducted in accordance with sound and
objective scientific practices; and
``(2) data collected by accepted methods or best available
methods (if the reliability of the method and the nature of
the decision justify use of the data).
``(c) Distinction of Authorities.--In setting or
maintaining standards for Energy Star pursuant to section
324A, and WaterSense under this section, the Secretary and
Administrator shall coordinate to prevent duplicative or
conflicting requirements among the respective programs.
``(d) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Feasible.--The term `feasible' means feasible with
the use of the best technology, treatment techniques, and
other means that the Administrator finds, after examination
for efficacy under field conditions and not solely under
laboratory conditions, are available (taking cost into
consideration).
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(4) Water-efficient product, building, landscape,
process, or service.--The term `water-efficient product,
building, landscape, process, or service' means a product,
building, landscape, process, or service for a residence or a
commercial or institutional building, or its landscape, that
is rated for water efficiency and performance, the covered
categories of which are--
``(A) irrigation technologies and services;
[[Page H3143]]
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions that
reduce water use; and
``(G) new water efficient homes certified under the
WaterSense program.''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (Public Law 94-163; 42
U.S.C. 6201 et seq.) is amended by inserting after the item
relating to section 324A the following new item:
``Sec. 324B. WaterSense.''.
Subtitle B--Accountability
CHAPTER 1--MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE
SEC. 3211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC
PARTICIPATION.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is
amended to read as follows:
``SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC
PARTICIPATION.
``(a) Establishment.--There is established within the
Commission an Office of Compliance Assistance and Public
Participation (referred to in this section as the `Office').
The Office shall be headed by a Director.
``(b) Duties of Director.--
``(1) In general.--The Director of the Office shall promote
improved compliance with Commission rules and orders by--
``(A) making recommendations to the Commission regarding--
``(i) the protection of consumers;
``(ii) market integrity and support for the development of
responsible market behavior;
``(iii) the application of Commission rules and orders in a
manner that ensures that--
``(I) rates and charges for, or in connection with, the
transmission or sale of electric energy subject to the
jurisdiction of the Commission shall be just and reasonable
and not unduly discriminatory or preferential; and
``(II) markets for such transmission and sale of electric
energy are not impaired and consumers are not damaged; and
``(iv) the impact of existing and proposed Commission rules
and orders on small entities, as defined in section 601 of
title 5, United States Code (commonly known as the Regulatory
Flexibility Act);
``(B) providing entities subject to regulation by the
Commission the opportunity to obtain timely guidance for
compliance with Commission rules and orders; and
``(C) providing information to the Commission and Congress
to inform policy with respect to energy issues under the
jurisdiction of the Commission.
``(2) Reports and guidance.--The Director shall, as the
Director determines appropriate, issue reports and guidance
to the Commission and to entities subject to regulation by
the Commission, regarding market practices, proposing
improvements in Commission monitoring of market practices,
and addressing potential improvements to both industry and
Commission practices.
``(3) Outreach.--The Director shall promote improved
compliance with Commission rules and orders through outreach,
publications, and, where appropriate, direct communication
with entities regulated by the Commission.''.
CHAPTER 2--MARKET REFORMS
SEC. 3221. GAO STUDY ON WHOLESALE ELECTRICITY MARKETS.
(a) Study and Report.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the results of a
study of whether and how the current market rules, practices,
and structures of each regional transmission entity produce
rates that are just and reasonable by--
(1) facilitating fuel diversity, the availability of
generation resources during emergency and severe weather
conditions, resource adequacy, and reliability, including the
cost-effective retention and development of needed
generation;
(2) promoting the equitable treatment of business models,
including different utility types, the integration of diverse
generation resources, and advanced grid technologies;
(3) identifying and addressing regulatory barriers to
entry, market-distorting incentives, and artificial
constraints on competition;
(4) providing transparency regarding dispatch decisions,
including the need for out-of-market actions and payments,
and the accuracy of day-ahead unit commitments;
(5) facilitating the development of necessary natural gas
pipeline and electric transmission infrastructure;
(6) ensuring fairness and transparency in governance
structures and stakeholder processes, including meaningful
participation by both voting and nonvoting stakeholder
representatives;
(7) ensuring the proper alignment of the energy and
transmission markets by including both energy and financial
transmission rights in the day-ahead markets;
(8) facilitating the ability of load-serving entities to
self-supply their service territory load;
(9) considering, as appropriate, State and local resource
planning; and
(10) mitigating, to the extent practicable, the disruptive
effects of tariff revisions on the economic decisionmaking of
market participants.
(b) Definitions.--In this section:
(1) Load-serving entity.--The term ``load-serving entity''
has the meaning given that term in section 217 of the Federal
Power Act (16 U.S.C. 824q).
(2) Regional transmission entity.--The term ``regional
transmission entity'' means a Regional Transmission
Organization or an Independent System Operator, as such terms
are defined in section 3 of the Federal Power Act (16 U.S.C.
796).
SEC. 3222. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.
Section 203(a)(1)(B) of the Federal Power Act (16 U.S.C.
824b(a)(1)(B)) is amended by striking ``such facilities or
any part thereof'' and inserting ``such facilities, or any
part thereof, of a value in excess of $10,000,000''.
CHAPTER 3--CODE MAINTENANCE
SEC. 3231. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES STUDY.
(a) Repeal.--Part I of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6373) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (Public Law 94-163; 89
Stat. 871) is amended--
(1) by striking the item relating to part I of title III;
and
(2) by striking the item relating to section 385.
SEC. 3232. REPEAL OF METHANOL STUDY.
Section 400EE of the Energy Policy and Conservation Act (42
U.S.C. 6374d) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 3233. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY STANDARDS
STUDY.
(a) Repeal.--Section 253 of the National Energy
Conservation Policy Act (42 U.S.C. 8232) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 253.
SEC. 3234. REPEAL OF WEATHERIZATION STUDY.
(a) Repeal.--Section 254 of the National Energy
Conservation Policy Act (42 U.S.C. 8233) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 254.
SEC. 3235. REPEAL OF REPORT TO CONGRESS.
(a) Repeal.--Section 273 of the National Energy
Conservation Policy Act (42 U.S.C. 8236b) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 273.
SEC. 3236. REPEAL OF REPORT BY GENERAL SERVICES
ADMINISTRATION.
(a) Repeal.--Section 154 of the Energy Policy Act of 1992
(42 U.S.C. 8262a) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 154.
(2) Section 159 of the Energy Policy Act of 1992 (42 U.S.C.
8262e) is amended by striking subsection (c).
SEC. 3237. REPEAL OF INTERGOVERNMENTAL ENERGY MANAGEMENT
PLANNING AND COORDINATION WORKSHOPS.
(a) Repeal.--Section 156 of the Energy Policy Act of 1992
(42 U.S.C. 8262b) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
156.
SEC. 3238. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY AND
PRESIDENT'S COUNCIL ON INTEGRITY AND EFFICIENCY
REPORT TO CONGRESS.
(a) Repeal.--Section 160 of the Energy Policy Act of 1992
(42 U.S.C. 8262f) is amended by striking the section
designation and heading and all that follows through ``(c)
Inspector General Review.--Each Inspector General'' and
inserting the following:
``SEC. 160. INSPECTOR GENERAL REVIEW.
``Each Inspector General''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section 160
and inserting the following:
``Sec. 160. Inspector General review.''.
SEC. 3239. REPEAL OF PROCUREMENT AND IDENTIFICATION OF ENERGY
EFFICIENT PRODUCTS PROGRAM.
(a) Repeal.--Section 161 of the Energy Policy Act of 1992
(42 U.S.C. 8262g) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
161.
SEC. 3240. REPEAL OF NATIONAL ACTION PLAN FOR DEMAND
RESPONSE.
(a) Repeal.--Part 5 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8279) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206; 121 Stat. 1665) is amended--
(1) by striking the item relating to part 5 of title V; and
(2) by striking the item relating to section 571.
SEC. 3241. REPEAL OF NATIONAL COAL POLICY STUDY.
(a) Repeal.--Section 741 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8451) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 741.
[[Page H3144]]
SEC. 3242. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL
ELECTRIC UTILITY SYSTEMS.
(a) Repeal.--Section 744 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8454) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 744.
SEC. 3243. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS OF
INCREASED COAL PRODUCTION AND OTHER ENERGY
DEVELOPMENT.
(a) Repeal.--Section 746 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8456) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 746.
SEC. 3244. REPEAL OF STUDY OF THE USE OF PETROLEUM AND
NATURAL GAS IN COMBUSTORS.
(a) Repeal.--Section 747 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8457) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 747.
SEC. 3245. REPEAL OF SUBMISSION OF REPORTS.
(a) Repeal.--Section 807 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8483) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 807.
SEC. 3246. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.
(a) Repeal.--Section 808 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8484) is repealed.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 808.
(2) Report on implementation.--Section 712 of the
Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C.
8422) is amended--
(A) by striking ``(a) Generally.--''; and
(B) by striking subsection (b).
SEC. 3247. TECHNICAL AMENDMENT TO POWERPLANT AND INDUSTRIAL
FUEL USE ACT OF 1978.
The table of contents for the Powerplant and Industrial
Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) is
amended by striking the item relating to section 742.
SEC. 3248. EMERGENCY ENERGY CONSERVATION REPEALS.
(a) Repeals.--
(1) Section 201 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8501) is amended--
(A) in the section heading, by striking ``FINDINGS AND'';
(B) by striking subsection (a); and
(C) by striking ``(b) Purposes.--''.
(2) Section 221 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8521) is repealed.
(3) Section 222 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8522) is repealed.
(4) Section 241 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8531) is repealed.
(b) Conforming Amendment.--The table of contents for the
Emergency Energy Conservation Act of 1979 (Public Law 96-102;
93 Stat. 749) is amended--
(1) by striking the item relating to section 201 and
inserting the following:
``Sec. 201. Purposes.''; and
(2) by striking the items relating to sections 221, 222,
and 241.
SEC. 3249. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.
(a) Repeal.--Section 207 of the Energy Conservation and
Production Act (42 U.S.C. 6807) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1125) is amended by striking the item relating to
section 207.
SEC. 3250. REPEAL OF SURVEY OF ENERGY SAVING POTENTIAL.
(a) Repeal.--Section 550 of the National Energy
Conservation Policy Act (42 U.S.C. 8258b) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the National Energy
Conservation Policy Act (Public Law 95-619; 92 Stat. 3206;
106 Stat. 2851) is amended by striking the item relating to
section 550.
(2) Section 543(d)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(d)(2)) is amended by striking ``,
incorporating any relevant information obtained from the
survey conducted pursuant to section 550''.
SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.
(a) Repeal.--Part 4 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8271 et seq.) is repealed.
(b) Conforming Amendments.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended--
(1) by striking the item relating to part 4 of title V; and
(2) by striking the items relating to sections 561 through
570.
SEC. 3252. REPEAL OF ENERGY AUDITOR TRAINING AND
CERTIFICATION.
(a) Repeal.--Subtitle F of title V of the Energy Security
Act (42 U.S.C. 8285 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Security Act (Public Law 96-294; 94 Stat. 611) is
amended by striking the items relating to subtitle F of title
V.
CHAPTER 4--AUTHORIZATION
SEC. 3261 AUTHORIZATION.
There are authorized to be appropriated, out of funds
authorized under previously enacted laws, amounts required
for carrying out this division and the amendments made by
this division.
TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS
SEC. 4001. FINDINGS.
The Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, establishing the United States as the world's
leading oil producer.
(2) By authorizing crude oil exports, the Congress can spur
domestic energy production, create and preserve jobs, help
maintain and strengthen our independent shipping fleet that
is essential to national defense, and generate State and
Federal revenues.
(3) An energy-secure United States that is a net exporter
of energy has the potential to transform the security
environment around the world, notably in Europe and the
Middle East.
(4) For our European allies and Israel, the presence of
more United States oil in the market will offer more secure
supply options, which will strengthen United States strategic
alliances and help curtail the use of energy as a political
weapon.
(5) The 60-ship Maritime Security Fleet is a vital element
of our military's strategic sealift and global response
capability. It assures United States-flag ships and United
States crews will be available to support the United States
military when it needs to mobilize to protect our allies, and
is the most prudent and economical solution to meet current
and projected sealift requirements for the United States.
(6) The Maritime Security Fleet program provides a labor
base of skilled American mariners who are available to crew
the United States Government-owned strategic sealift fleet,
as well as the United States commercial fleet, in both peace
and war.
(7) The United States has reduced its oil consumption over
the past decade, and increasing investment in clean energy
technology and energy efficiency will lower energy prices,
reduce greenhouse gas emissions, and increase national
security.
SEC. 4002. REPEAL.
Section 103 of the Energy Policy and Conservation Act (42
U.S.C. 6212) and the item relating thereto in the table of
contents of that Act are repealed.
SEC. 4003. NATIONAL POLICY ON OIL EXPORT RESTRICTIONS.
Notwithstanding any other provision of law, to promote the
efficient exploration, production, storage, supply,
marketing, pricing, and regulation of energy resources,
including fossil fuels, no official of the Federal Government
shall impose or enforce any restriction on the export of
crude oil.
SEC. 4004. STUDIES.
(a) Greenhouse Gas Emissions.--Not later than 120 days
after the date of enactment of this Act, the Secretary of
Energy shall conduct, and transmit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate the
results of, a study on the net greenhouse gas emissions that
will result from the repeal of the crude oil export ban under
section 4002.
(b) Crude Oil Export Study.--
(1) In general.--The Department of Commerce, in
consultation with the Department of Energy, and other
departments as appropriate, shall conduct a study of the
State and national implications of lifting the crude oil
export ban with respect to consumers and the economy.
(2) Contents.--The study conducted under paragraph (1)
shall include an analysis of--
(A) the economic impact that exporting crude oil will have
on the economy of the United States;
(B) the economic impact that exporting crude oil will have
on consumers, taking into account impacts on energy prices;
(C) the economic impact that exporting crude oil will have
on domestic manufacturing, taking into account impacts on
employment; and
(D) the economic impact that exporting crude oil will have
on the refining sector, taking into account impacts on
employment.
(3) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Bureau of Industry and
Security shall submit to Congress a report containing the
results of the study conducted under paragraph (1).
SEC. 4005. SAVINGS CLAUSE.
Nothing in this title limits the authority of the President
under the Constitution, the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies
Act (50 U.S.C. 1601 et seq.), part B of title II of the
Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.),
the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.), or
any other provision of law that imposes sanctions on a
foreign person or foreign government (including any provision
of law that prohibits or restricts United States persons from
engaging in a transaction with a sanctioned person or
government), including a foreign government that is
designated as a state sponsor of terrorism, to prohibit
exports.
[[Page H3145]]
SEC. 4006. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.
(a) In General.--The Department of Energy shall continue to
develop and broaden partnerships with minority serving
institutions, including Hispanic Serving Institutions (HSI)
and Historically Black Colleges and Universities (HBCUs) in
the areas of oil and gas exploration, production, midstream,
and refining.
(b) Public-Private Partnerships.--The Department of Energy
shall encourage public-private partnerships between the
energy sector and minority serving institutions, including
Hispanic Serving Institutions and Historically Black Colleges
and Universities.
SEC. 4007. REPORT.
Not later than 10 years after the date of enactment of this
Act, the Secretary of Energy and the Secretary of Commerce
shall jointly transmit to Congress a report that reviews the
impact of lifting the oil export ban under this title as it
relates to promoting United States energy and national
security.
SEC. 4008. REPORT TO CONGRESS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy and the Secretary of Commerce
shall jointly transmit to Congress a report analyzing how
lifting the ban on crude oil exports will help create
opportunities for veterans and women in the United States,
while promoting energy and national security.
SEC. 4009. PROHIBITION ON EXPORTS OF CRUDE OIL, REFINED
PETROLEUM PRODUCTS, AND PETROCHEMICAL PRODUCTS
TO THE ISLAMIC REPUBLIC OF IRAN.
Nothing in this title shall be construed to authorize the
export of crude oil, refined petroleum products, and
petrochemical products by or through any entity or person,
wherever located, subject to the jurisdiction of the United
States to any entity or person located in, subject to the
jurisdiction of, or sponsored by the Islamic Republic of
Iran.
TITLE V--OTHER MATTERS
SEC. 5001. ASSESSMENT OF REGULATORY REQUIREMENTS.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall ensure that the requirements
described in subsection (b) are satisfied.
(b) Requirements.--The Administrator shall satisfy--
(1) section 4 of Executive Order No. 12866 (5 U.S.C. 601
note) (relating to regulatory planning and review) and
Executive Order No. 13563 (5 U.S.C. 601 note) (relating to
improving regulation and regulatory review) (or any successor
Executive order establishing requirements applicable to the
uniform reporting of regulatory and deregulatory agendas);
(2) section 602 of title 5, United States Code;
(3) section 8 of Executive Order No. 13132 (5 U.S.C. 601
note) (relating to federalism); and
(4) section 202(a) of the Unfunded Mandates Reform Act of
1995 (2 U.S.C. 1532(a)).
SEC. 5002. DEFINITIONS.
In this title:
(1) Covered civil action.--The term ``covered civil
action'' means a civil action containing a claim under
section 702 of title 5, United States Code, regarding agency
action (as defined for the purposes of that section)
affecting a covered energy project on Federal land.
(2) Covered energy project.--
(A) In general.--The term ``covered energy project''
means--
(i) the leasing of Federal land for the exploration,
development, production, processing, or transmission of oil,
natural gas, coal, geothermal, hydroelectric, biomass, solar,
or any other source of energy; and
(ii) any action under the lease.
(B) Exclusion.--The term ``covered energy project'' does
not include any dispute between the parties to a lease
regarding the obligations under the lease, including any
alleged breach of the lease.
SEC. 5003. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING
TO COVERED ENERGY PROJECTS.
Venue for any covered civil action shall lie in the United
States district court in which the covered energy project or
lease exists or is proposed.
SEC. 5004. TIMELY FILING.
To ensure timely redress by the courts, a covered civil
action shall be filed not later than the end of the 90-day
period beginning on the date of the final Federal agency
action to which the covered civil action relates.
SEC. 5005. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered
civil action as expeditiously as practicable.
SEC. 5006. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.
(a) In General.--In a covered civil action, a court shall
not grant or approve any prospective relief unless the court
finds that the relief--
(1) is narrowly drawn;
(2) extends no further than necessary to correct the
violation of a legal requirement; and
(3) is the least intrusive means necessary to correct the
violation.
(b) Duration.--
(1) In general.--A court shall limit the duration of
preliminary injunctions to halt covered energy projects to
not more than 60 days, unless the court finds clear reasons
to extend the injunction.
(2) Administration.--In the case of an extension, the
extension shall--
(A) only be in 30-day increments; and
(B) require action by the court to renew the injunction.
(c) In General.--Sections 504 of title 5 and 2412 of title
28, United States Code (commonly known as the ``Equal Access
to Justice Act''), shall not apply to a covered civil action.
(d) Court Costs.--A party to a covered civil action shall
not receive payment from the Federal Government for the
attorneys' fees, expenses, or other court costs incurred by
the party.
SEC. 5007. LEGAL STANDING.
A challenger that files an appeal with the Department of
the Interior Board of Land Appeals shall meet the same
standing requirements as a challenger before a United States
district court.
SEC. 5008. STUDY TO IDENTIFY LEGAL AND REGULATORY BARRIERS
THAT DELAY, PROHIBIT, OR IMPEDE THE EXPORT OF
NATURAL ENERGY RESOURCES.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Energy and the Secretary of Commerce
shall jointly transmit to the Committee on Energy and
Commerce and the Committee on Natural Resources of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation and the Committee on Energy and Natural
Resources of the Senate, the results of a study to--
(1) identify legal and regulatory barriers that delay,
prohibit, or impede the export of natural energy resources,
including government and technical (physical or market)
barriers that hinder coal, natural gas, oil, and other energy
exports; and
(2) estimate the economic impacts of such barriers.
SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Energy shall transmit to Congress the
results of a study to determine the maximum level of
volatility that is consistent with the safest practicable
shipment of crude oil by rail.
SEC. 5010. SMART METER PRIVACY RIGHTS.
(a) Electrical Corporation or Gas Corporations.--
(1) For purposes of this section, ``electrical or gas
consumption data'' means data about a customer's electrical
or natural gas usage that is made available as part of an
advanced metering infrastructure, and includes the name,
account number, or residence of the customer.
(2)(A) An electrical corporation or gas corporation shall
not share, disclose, or otherwise make accessible to any
third party a customer's electrical or gas consumption data,
except as provided in subsection (a)(5) or upon the consent
of the customer.
(B) An electrical corporation or gas corporation shall not
sell a customer's electrical or gas consumption data or any
other personally identifiable information for any purpose.
(C) The electrical corporation or gas corporation or its
contractors shall not provide an incentive or discount to the
customer for accessing the customer's electrical or gas
consumption data without the prior consent of the customer.
(D) An electrical or gas corporation that utilizes an
advanced metering infrastructure that allows a customer to
access the customer's electrical and gas consumption data
shall ensure that the customer has an option to access that
data without being required to agree to the sharing of his or
her personally identifiable information, including electrical
or gas consumption data, with a third party.
(3) If an electrical corporation or gas corporation
contracts with a third party for a service that allows a
customer to monitor his or her electricity or gas usage, and
that third party uses the data for a secondary commercial
purpose, the contract between the electrical corporation or
gas corporation and the third party shall provide that the
third party prominently discloses that secondary commercial
purpose to the customer.
(4) An electrical corporation or gas corporation shall use
reasonable security procedures and practices to protect a
customer's unencrypted electrical or gas consumption data
from unauthorized access, destruction, use, modification, or
disclosure.
(5)(A) Nothing in this section shall preclude an electrical
corporation or gas corporation from using customer aggregate
electrical or gas consumption data for analysis, reporting,
or program management if all information has been removed
regarding the individual identity of a customer.
(B) Nothing in this section shall preclude an electrical
corporation or gas corporation from disclosing a customer's
electrical or gas consumption data to a third party for
system, grid, or operational needs, or the implementation of
demand response, energy management, or energy efficiency
programs, provided that, for contracts entered into after
January 1, 2016, the utility has required by contract that
the third party implement and maintain reasonable security
procedures and practices appropriate to the nature of the
information, to protect the personal information from
unauthorized access, destruction, use, modification, or
disclosure, and prohibits the use of the data for a secondary
commercial purpose not related to the primary purpose of the
contract without the customer's consent.
(C) Nothing in this section shall preclude an electrical
corporation or gas corporation from disclosing electrical or
gas consumption data as required or permitted under State or
Federal law or by an order of a State public utility
commission.
(6) If a customer chooses to disclose his or her electrical
or gas consumption data to a third party that is unaffiliated
with, and has no other business relationship with, the
electrical or gas corporation, the electrical or gas
corporation shall not be responsible for the security of that
data, or its use or misuse.
(b) Local Publicly Owned Electric Utilities.--
(1) For purposes of this section, ``electrical consumption
data'' means data about a customer's electrical usage that is
made available
[[Page H3146]]
as part of an advanced metering infrastructure, and includes
the name, account number, or residence of the customer.
(2)(A) A local publicly owned electric utility shall not
share, disclose, or otherwise make accessible to any third
party a customer's electrical consumption data, except as
provided in subsection (b) (5) or upon the consent of the
customer.
(B) A local publicly owned electric utility shall not sell
a customer's electrical consumption data or any other
personally identifiable information for any purpose.
(C) The local publicly owned electric utility or its
contractors shall not provide an incentive or discount to the
customer for accessing the customer's electrical consumption
data without the prior consent of the customer.
(D) A local publicly owned electric utility that utilizes
an advanced metering infrastructure that allows a customer to
access the customer's electrical consumption data shall
ensure that the customer has an option to access that data
without being required to agree to the sharing of his or her
personally identifiable information, including electrical
consumption data, with a third party.
(3) If a local publicly owned electric utility contracts
with a third party for a service that allows a customer to
monitor his or her electricity usage, and that third party
uses the data for a secondary commercial purpose, the
contract between the local publicly owned electric utility
and the third party shall provide that the third party
prominently discloses that secondary commercial purpose to
the customer.
(4) A local publicly owned electric utility shall use
reasonable security procedures and practices to protect a
customer's unencrypted electrical consumption data from
unauthorized access, destruction, use, modification, or
disclosure, and prohibits the use of the data for a secondary
commercial purpose not related to the primary purpose of the
contract without the customer's consent.
(5)(A) Nothing in this section shall preclude a local
publicly owned electric utility from using customer aggregate
electrical consumption data for analysis, reporting, or
program management if all information has been removed
regarding the individual identity of a customer.
(B) Nothing in this section shall preclude a local publicly
owned electric utility from disclosing a customer's
electrical consumption data to a third party for system,
grid, or operational needs, or the implementation of demand
response, energy management, or energy efficiency programs,
provided, for contracts entered into after January 1, 2016,
that the utility has required by contract that the third
party implement and maintain reasonable security procedures
and practices appropriate to the nature of the information,
to protect the personal information from unauthorized access,
destruction, use, modification, or disclosure.
(C) Nothing in this section shall preclude a local publicly
owned electric utility from disclosing electrical consumption
data as required under State or Federal law.
(6) If a customer chooses to disclose his or her electrical
consumption data to a third party that is unaffiliated with,
and has no other business relationship with, the local
publicly owned electric utility, the utility shall not be
responsible for the security of that data, or its use or
misuse.
SEC. 5011. YOUTH ENERGY ENTERPRISE COMPETITION.
The Secretaries of Energy and Commerce shall jointly
establish an energy enterprise competition to encourage youth
to propose solutions to the energy challenges of the United
States and to promote youth interest in careers in science,
technology, engineering, and math, especially as those fields
relate to energy.
SEC. 5012. MODERNIZATION OF TERMS RELATING TO MINORITIES.
(a) Office of Minority Economic Impact.--Section 211(f)(1)
of the Department of Energy Organization Act (42 U.S.C.
7141(f)(1)) is amended by striking ``a Negro, Puerto Rican,
American Indian, Eskimo, Oriental, or Aleut or is a Spanish
speaking individual of Spanish descent'' and inserting
``Asian American, African American, Hispanic, Puerto Rican,
Native American, or an Alaska Native''.
(b) Minority Business Enterprises.--Section 106(f)(2) of
the Local Public Works Capital Development and Investment Act
of 1976 (42 U.S.C. 6705(f)(2)) is amended by striking
``Negroes, Spanish-speaking, Orientals, Indians, Eskimos, and
Aleuts'' and inserting ``Asian American, African American,
Hispanic, Native American, or Alaska Natives''.
SEC. 5013. VOLUNTARY VEGETATION MANAGEMENT OUTSIDE RIGHTS-OF-
WAY.
(a) Authorization.--The Secretary of the Interior or the
Secretary of Agriculture may authorize an owner or operator
of an electric transmission or distribution facility to
manage vegetation selectively within 150 feet of the exterior
boundary of the right-of-way near structures for selective
thinning and fuel reduction.
(b) Status of Removed Vegetation.--Any vegetation removed
pursuant to this section shall be the property of the United
States and not available for sale by the owner or operator.
(c) Limitation on Liability.--An owner or operator of an
electric transmission or distribution facility shall not be
held liable for wildlife damage, loss, or injury, including
the cost of fire suppression, resulting from activities
carried out pursuant to subsection (a) except in the case of
harm resulting from the owner or operator's gross negligence
or criminal misconduct.
SEC. 5014. REPEAL OF RULE FOR NEW RESIDENTIAL WOOD HEATERS.
The final rule entitled ``Standards of Performance for New
Residential Wood Heaters, New Residential Hydronic Heaters
and Forced-Air Furnaces'' published at 80 Fed. Reg. 13672
(March 16, 2015) shall have no force or effect and shall be
treated as if such rule had never been issued.
TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Promoting Renewable Energy
with Shared Solar Act of 2016''.
SEC. 6002. PROVISION OF INTERCONNECTION SERVICE AND NET
BILLING SERVICE FOR COMMUNITY SOLAR FACILITIES.
(a) In General.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is
amended by adding at the end the following:
``(20) Community solar facilities.--
``(A) Definitions.--In this paragraph:
``(i) Community solar facility.--The term `community solar
facility' means a solar photovoltaic system that--
``(I) allocates electricity to multiple individual electric
consumers of an electric utility;
``(II) has a nameplate rating of 2 megawatts or less; and
``(III) is--
``(aa) owned by the electric utility, jointly owned, or
third-party-owned;
``(bb) connected to a local distribution facility of the
electric utility; and
``(cc) located on or off the property of a consumer of the
electricity.
``(ii) Interconnection service.--The term `interconnection
service' means a service provided by an electric utility to
an electric consumer, in accordance with the standards
described in paragraph (15), through which a community solar
facility is connected to an applicable local distribution
facility.
``(iii) Net billing service.--The term `net billing
service' means a service provided by an electric utility to
an electric consumer through which electric energy generated
for that electric consumer from a community solar facility
may be used to offset electric energy provided by the
electric utility to the electric consumer during the
applicable billing period.
``(B) Requirement.--On receipt of a request of an electric
consumer served by the electric utility, each electric
utility shall make available to the electric consumer
interconnection service and net billing service for a
community solar facility.''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated utility shall
commence consideration under section 111, or set a hearing
date for consideration, with respect to the standard
established by paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (20) of section 111(d).''.
(2) Failure to comply.--
(A) In general.--Section 112(c) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended--
(i) by striking ``such paragraph (14)'' and all that
follows through ``paragraphs (16)'' and inserting ``such
paragraph (14). In the case of the standard established by
paragraph (15) of section 111(d), the reference contained in
this subsection to the date of enactment of this Act shall be
deemed to be a reference to the date of enactment of that
paragraph (15). In the case of the standards established by
paragraphs (16)''; and
(ii) by adding at the end the following: ``In the case of
the standard established by paragraph (20) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to
the date of enactment of that paragraph (20).''.
(B) Technical correction.--
(i) In general.--Section 1254(b) of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 971) is amended by
striking paragraph (2).
(ii) Treatment.--The amendment made by paragraph (2) of
section 1254(b) of the Energy Policy Act of 2005 (Public Law
109-58; 119 Stat. 971) (as in effect on the day before the
date of enactment of this Act) is void, and section 112(d) of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(d)) shall be in effect as if those amendments had not
been enacted.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) shall
not apply to the standard established by paragraph (20) of
section 111(d) in the case of any electric utility in a State
if, before the date of enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(B) Cross-reference.--Section 124 of the Public Utility
Regulatory Policy Act of 1978 (16 U.S.C. 2634) is amended by
adding at the end the following: ``In the case of the
standard established by paragraph (20) of section 111(d), the
reference contained in this subsection to the date of
enactment of this Act shall be deemed to
[[Page H3147]]
be a reference to the date of enactment of that paragraph
(20).''.
TITLE VII--MARINE HYDROKINETIC
SEC. 7001. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE
ENERGY.
Section 632 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17211) is amended in the matter preceding
paragraph (1) by striking ``electrical''.
SEC. 7002. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH
AND DEVELOPMENT.
Section 633 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17212) is amended to read as follows:
``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH
AND DEVELOPMENT.
``The Secretary, in consultation with the Secretary of the
Interior, the Secretary of Commerce, and the Federal Energy
Regulatory Commission, shall carry out a program of research,
development, demonstration, and commercial application to
accelerate the introduction of marine and hydrokinetic
renewable energy production into the United States energy
supply, giving priority to fostering accelerated research,
development, and commercialization of technology, including--
``(1) to assist technology development to improve the
components, processes, and systems used for power generation
from marine and hydrokinetic renewable energy resources;
``(2) to establish critical testing infrastructure
necessary--
``(A) to cost effectively and efficiently test and prove
the efficacy of marine and hydrokinetic renewable energy
devices; and
``(B) to accelerate the technological readiness and
commercialization of those devices;
``(3) to support efforts to increase the efficiency of
energy conversion, lower the cost, increase the use, improve
the reliability, and demonstrate the applicability of marine
and hydrokinetic renewable energy technologies by
participating in demonstration projects;
``(4) to investigate variability issues and the efficient
and reliable integration of marine and hydrokinetic renewable
energy with the utility grid;
``(5) to identify and study critical short- and long-term
needs to create a sustainable marine and hydrokinetic
renewable energy supply chain based in the United States;
``(6) to increase the reliability and survivability of
marine and hydrokinetic renewable energy technologies;
``(7) to verify the performance, reliability,
maintainability, and cost of new marine and hydrokinetic
renewable energy device designs and system components in an
operating environment;
``(8) to coordinate and avoid duplication of activities
across programs of the Department and other applicable
Federal agencies, including National Laboratories, and to
coordinate public-private collaboration in all programs under
this section;
``(9) to identify opportunities for joint research and
development programs and development of economies of scale
between--
``(A) marine and hydrokinetic renewable energy
technologies; and
``(B) other renewable energy and fossil energy programs,
offshore oil and gas production activities, and activities of
the Department of Defense; and
``(10) to support in-water technology development with
international partners using existing cooperative procedures
(including memoranda of understanding)--
``(A) to allow cooperative funding and other support of
value to be exchanged and leveraged; and
``(B) to encourage international research centers and
international companies to participate in the development of
water technology in the United States and to encourage United
States research centers and United States companies to
participate in water technology projects abroad.''.
SEC. 7003. NATIONAL MARINE RENEWABLE ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTERS.
Section 634(b) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17213(b)) is amended to read as follows:
``(b) Purposes.--A Center (in coordination with the
Department and National Laboratories) shall--
``(1) advance research, development, demonstration, and
commercial application of marine and hydrokinetic renewable
energy technologies;
``(2) support in-water testing and demonstration of marine
and hydrokinetic renewable energy technologies, including
facilities capable of testing--
``(A) marine and hydrokinetic renewable energy systems of
various technology readiness levels and scales;
``(B) a variety of technologies in multiple test berths at
a single location; and
``(C) arrays of technology devices; and
``(3) serve as information clearinghouses for the marine
and hydrokinetic renewable energy industry by collecting and
disseminating information on best practices in all areas
relating to developing and managing marine and hydrokinetic
renewable energy resources and energy systems.''.
SEC. 7004. AUTHORIZATION OF APPROPRIATIONS.
Section 636 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17215) is amended by striking ``2008 through
2012'' and inserting ``2016 through 2019''.
TITLE VIII--EXTENSIONS OF TIME FOR VARIOUS FEDERAL ENERGY REGULATORY
COMMISSION PROJECTS
SEC. 8001. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING CLARK CANYON DAM.
Notwithstanding the time period described in section 13 of
the Federal Power Act (16 U.S.C. 806) that would otherwise
apply to the Federal Energy Regulatory Commission project
numbered 12429, the Federal Energy Regulatory Commission
(referred to in this section as the ``Commission'') shall, at
the request of the licensee for the project, and after
reasonable notice and in accordance with the procedures of
the Commission under that section, reinstate the license and
extend the time period during which the licensee is required
to commence construction of project works for the 3-year
period beginning on the date of enactment of this Act.
SEC. 8002. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING GIBSON DAM.
(a) In General.--Notwithstanding the requirements of
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12478-003, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
project, and after reasonable notice and in accordance with
the procedures of the Commission under that section, extend
the time period during which the licensee is required to
commence construction of the project for a 6-year period that
begins on the date described in subsection (b).
(b) Date Described.--The date described in this subsection
is the date of the expiration of the extension of the period
required for commencement of construction for the project
described in subsection (a) that was issued by the Commission
prior to the date of enactment of this Act under section 13
of the Federal Power Act (16 U.S.C. 806).
SEC. 8003. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING JENNINGS RANDOLPH
DAM.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12715, the Commission may, at the
request of the licensee for the project, and after reasonable
notice, in accordance with the good faith, due diligence, and
public interest requirements of that section and the
Commission's procedures under that section, extend the time
period during which the licensee is required to commence the
construction of the project for up to three consecutive 2-
year periods from the date of the expiration of the extension
originally issued by the Commission. Any obligation of the
licensee for the payment of annual charges under section
10(e) of the Federal Power Act (16 U.S.C. 803(e)) shall
commence upon conclusion of the time period to commence
construction of the project, as extended by the Commission
under this subsection.
(b) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (a) has expired prior to the date of
the enactment of this Act, the Commission shall reinstate the
license effective as of the date of its expiration and the
first extension authorized under subsection (a) shall take
effect on the date of such expiration.
SEC. 8004. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING CANNONSVILLE DAM.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 13287, the Commission may, at the
request of the licensee for the project, and after reasonable
notice, in accordance with the good faith, due diligence, and
public interest requirements of that section and the
Commission's procedures under that section, extend the time
period during which the licensee is required to commence the
construction of the project for up to four consecutive 2-year
periods from the date of the expiration of the time period
required for commencement of construction prescribed in the
license.
(b) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (a) has expired prior to the date of
the enactment of this Act, the Commission may reinstate the
license effective as of the date of its expiration and the
first extension authorized under subsection (a) shall take
effect on the date of such expiration.
SEC. 8005. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING GATHRIGHT DAM.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12737, the Commission may, at the
request of the licensee for the project, and after reasonable
notice, in accordance with the good faith, due diligence, and
public interest requirements of that section and the
Commission's procedures under that section, extend the time
period during which the licensee is required to commence the
construction of the project for up to three consecutive 2-
year periods from the date of the expiration of the extension
originally issued by the Commission.
(b) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (a) has expired prior to the date of
the enactment of this Act, the Commission may reinstate the
license for the project effective as of the date
[[Page H3148]]
of its expiration and the first extension authorized under
subsection (a) shall take effect on the date of such
expiration.
SEC. 8006. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING FLANNAGAN DAM.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12740, the Commission may, at the
request of the licensee for the project, and after reasonable
notice, in accordance with the good faith, due diligence, and
public interest requirements of that section and the
Commission's procedures under that section, extend the time
period during which the licensee is required to commence the
construction of the project for up to three consecutive 2-
year periods from the date of the expiration of the extension
originally issued by the Commission.
(b) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (a) has expired prior to the date of
the enactment of this Act, the Commission may reinstate the
license for the project effective as of the date of its
expiration and the first extension authorized under
subsection (a) shall take effect on the date of such
expiration.
TITLE IX--ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT
SEC. 9001. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT.
(a) In General.--The Secretary of Energy (in this title
referred to as the ``Secretary'') shall prioritize education
and training for energy and manufacturing-related jobs in
order to increase the number of skilled workers trained to
work in energy and manufacturing-related fields when
considering awards for existing grant programs, including
by--
(1) encouraging State education agencies and local
educational agencies to equip students with the skills,
mentorships, training, and technical expertise necessary to
fill the employment opportunities vital to managing and
operating the Nation's energy and manufacturing industries,
in collaboration with representatives from the energy and
manufacturing industries (including the oil, gas, coal,
nuclear, utility, pipeline, renewable, petrochemical,
manufacturing, and electrical construction sectors) to
identify the areas of highest need in each sector and the
skills necessary for a high quality workforce in the
following sectors of energy and manufacturing:
(A) Energy efficiency industry, including work in energy
efficiency, conservation, weatherization, or retrofitting, or
as inspectors or auditors.
(B) Pipeline industry, including work in pipeline
construction and maintenance or work as engineers or
technical advisors.
(C) Utility industry, including work in the generation,
transmission, and distribution of electricity and natural
gas, such as utility technicians, operators, lineworkers,
engineers, scientists, and information technology
specialists.
(D) Nuclear industry, including work as scientists,
engineers, technicians, mathematicians, or security
personnel.
(E) Oil and gas industry, including work as scientists,
engineers, technicians, mathematicians, petrochemical
engineers, or geologists.
(F) Renewable industry, including work in the development,
manufacturing, and production of renewable energy sources
(such as solar, hydropower, wind, or geothermal energy).
(G) Coal industry, including work as coal miners,
engineers, developers and manufacturers of state-of-the-art
coal facilities, technology vendors, coal transportation
workers and operators, or mining equipment vendors.
(H) Manufacturing industry, including work as operations
technicians, operations and design in additive manufacturing,
3-D printing, advanced composites, and advanced aluminum and
other metal alloys, industrial energy efficiency management
systems, including power electronics, and other innovative
technologies.
(I) Chemical manufacturing industry, including work in
construction (such as welders, pipefitters, and tool and die
makers) or as instrument and electrical technicians,
machinists, chemical process operators, chemical engineers,
quality and safety professionals, and reliability engineers;
and
(2) strengthening and more fully engaging Department of
Energy programs and labs in carrying out the Department's
workforce development initiatives including the Minorities in
Energy Initiative.
(b) Prohibition.--Nothing in this section shall be
construed to authorize the Secretary or any other officer or
employee of the Federal Government to incentivize, require,
or coerce a State, school district, or school to adopt
curricula aligned to the skills described in subsection (a).
(c) Priority.--The Secretary shall prioritize the education
and training of underrepresented groups in energy and
manufacturing-related jobs.
(d) Clearinghouse.--In carrying out this section, the
Secretary shall establish a clearinghouse to--
(1) maintain and update information and resources on
training and workforce development programs for energy and
manufacturing-related jobs, including job training and
workforce development programs available to assist displaced
and unemployed energy and manufacturing workers transitioning
to new employment; and
(2) provide technical assistance for States, local
educational agencies, schools, community colleges,
universities (including minority serving institutions),
workforce development programs, labor-management
organizations, and industry organizations that would like to
develop and implement energy and manufacturing-related
training programs.
(e) Collaboration.--In carrying out this section, the
Secretary--
(1) shall collaborate with States, local educational
agencies, schools, community colleges, universities
(including minority serving institutions), workforce-training
organizations, national laboratories, State energy offices,
workforce investment boards, and the energy and manufacturing
industries;
(2) shall encourage and foster collaboration, mentorships,
and partnerships among organizations (including industry,
States, local educational agencies, schools, community
colleges, workforce-development organizations, and colleges
and universities) that currently provide effective job
training programs in the energy and manufacturing fields and
entities (including States, local educational agencies,
schools, community colleges, workforce development programs,
and colleges and universities) that seek to establish these
types of programs in order to share best practices; and
(3) shall collaborate with the Bureau of Labor Statistics,
the Department of Commerce, the Bureau of the Census, States,
and the energy and manufacturing industries to develop a
comprehensive and detailed understanding of the energy and
manufacturing workforce needs and opportunities by State and
by region.
(f) Outreach to Minority Serving Institutions.--In carrying
out this section, the Secretary shall--
(1) give special consideration to increasing outreach to
minority serving institutions and Historically Black Colleges
and Universities;
(2) make existing resources available through program
cross-cutting to minority serving institutions with the
objective of increasing the number of skilled minorities and
women trained to go into the energy and manufacturing
sectors;
(3) encourage industry to improve the opportunities for
students of minority serving institutions to participate in
industry internships and cooperative work/study programs; and
(4) partner with the Department of Energy laboratories to
increase underrepresented groups' participation in
internships, fellowships, traineeships, and employment at all
Department of Energy laboratories.
(g) Outreach to Dislocated Energy and Manufacturing
Workers.--In carrying out this section, the Secretary shall--
(1) give special consideration to increasing outreach to
employers and job trainers preparing dislocated energy and
manufacturing workers for in-demand sectors or occupations;
(2) make existing resources available through program
cross-cutting to institutions serving dislocated energy and
manufacturing workers with the objective of training
individuals to re-enter in-demand sectors or occupations;
(3) encourage the energy and manufacturing industries to
improve opportunities for dislocated energy and manufacturing
workers to participate in career pathways; and
(4) work closely with the energy and manufacturing
industries to identify energy and manufacturing operations,
such as coal-fired power plants and coal mines, scheduled for
closure and to provide early intervention assistance to
workers employed at such energy and manufacturing operations
by--
(A) partnering with State and local workforce development
boards;
(B) giving special consideration to employers and job
trainers preparing such workers for in-demand sectors or
occupations;
(C) making existing resources available through program
cross-cutting to institutions serving such workers with the
objective of training them to re-enter in-demand sectors or
occupations; and
(D) encouraging the energy and manufacturing industries to
improve opportunities for such workers to participate in
career pathways.
(h) Enrollment in Workforce Development Programs.--In
carrying out this section, the Secretary shall work with
industry and community-based workforce organizations to help
identify candidates, including from underrepresented
communities such as minorities, women, and veterans, to
enroll in workforce development programs for energy and
manufacturing-related jobs.
(i) Prohibition.--Nothing in this section shall be
construed as authorizing the creation of a new workforce
development program.
(j) Definitions.--In this section:
(1) Career pathways; dislocated worker; in-demand sectors
or occupations; local workforce development board; state
workforce development board.--The terms ``career pathways'',
``dislocated worker'', ``in-demand sectors or occupations'',
``local workforce development board'', and ``State workforce
development board'' have the meanings given the terms
``career pathways'', ``dislocated worker'', ``in-demand
sectors or occupations'', ``local board'', and ``State
board'', respectively, in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(2) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher
education with a designation of one of the following:
(A) Hispanic-serving institution (as defined in 20
U.S.C.1101a(a)(5)).
(B) Tribal College or University (as defined in 20
U.S.C.1059c(b)).
(C) Alaska Native-serving institution or a Native Hawaiian-
serving institution (as defined in 20 U.S.C.1059d(b)).
(D) Predominantly Black Institution (as defined in 20
U.S.C.1059e(b)).
(E) Native American-serving nontribal institution (as
defined in 20 U.S.C.1059f(b)).
(F) Asian American and Native American Pacific Islander-
serving institution (as defined in 20 U.S.C.1059g(b)).
SEC. 9002. REPORT.
Five years after the date of enactment of this Act, the
Secretary shall publish a comprehensive
[[Page H3149]]
report to the Committee on Energy and Commerce and the
Committee on Education and the Workforce of the House of
Representatives and the Senate Energy and Natural Resources
Committee on the outlook for energy and manufacturing sectors
nationally. The report shall also include a comprehensive
summary of energy and manufacturing job creation as a result
of the enactment of this title. The report shall include
performance data regarding the number of program participants
served, the percentage of participants in competitive
integrated employment two quarters and four quarters after
program completion, the median income of program participants
two quarters and four quarters after program completion, and
the percentage of program participants receiving industry-
recognized credentials.
SEC. 9003. USE OF EXISTING FUNDS.
No additional funds are authorized to carry out the
requirements of this title. Such requirements shall be
carried out using amounts otherwise authorized.
DIVISION B--RESILIENT FEDERAL FORESTS
SEC. 1. SHORT TITLE.
This division may be cited as the ``Resilient Federal
Forests Act of 2016''.
SEC. 2. DEFINITIONS.
In titles I through VIII of this division:
(1) Catastrophic event.--The term ``catastrophic event''
means any natural disaster (such as hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water, wind-
driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak)
or any fire, flood, or explosion, regardless of cause.
(2) Categorical exclusion.--The term ``categorical
exclusion'' refers to an exception to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.) for a project or activity relating to the management of
National Forest System lands or public lands.
(3) Collaborative process.--The term ``collaborative
process'' refers to a process relating to the management of
National Forest System lands or public lands by which a
project or activity is developed and implemented by the
Secretary concerned through collaboration with interested
persons, as described in section 603(b)(1)(C) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
(4) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101(3) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511(3)).
(5) Coos bay wagon road grant lands.--The term ``Coos Bay
Wagon Road Grant lands'' means the lands reconveyed to the
United States pursuant to the first section of the Act of
February 26, 1919 (40 Stat. 1179).
(6) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary concerned on National Forest System lands or
public lands in concert with the forest plan covering the
lands.
(7) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712); or
(B) a land and resource management plan prepared by the
Forest Service for a unit of the National Forest System
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(8) Large-scale catastrophic event.--The term ``large-scale
catastrophic event'' means a catastrophic event that
adversely impacts at least 5,000 acres of reasonably
contiguous National Forest System lands or public lands.
(9) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(10) Oregon and california railroad grant lands.--The term
``Oregon and California Railroad Grant lands'' means the
following lands:
(A) All lands in the State of Oregon revested in the United
States under the Act of June 9, 1916 (39 Stat. 218), that are
administered by the Secretary of the Interior, acting through
the Bureau of Land Management, pursuant to the first section
of the Act of August 28, 1937 (43 U.S.C. 1181a).
(B) All lands in that State obtained by the Secretary of
the Interior pursuant to the land exchanges authorized and
directed by section 2 of the Act of June 24, 1954 (43 U.S.C.
1181h).
(C) All lands in that State acquired by the United States
at any time and made subject to the provisions of title II of
the Act of August 28, 1937 (43 U.S.C. 1181f).
(11) Public lands.--The term ``public lands'' has the
meaning given that term in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except
that the term includes Coos Bay Wagon Road Grant lands and
Oregon and California Railroad Grant lands.
(12) Reforestation activity.--The term ``reforestation
activity'' means a project or activity carried out by the
Secretary concerned whose primary purpose is the
reforestation of impacted lands following a large-scale
catastrophic event. The term includes planting, evaluating
and enhancing natural regeneration, clearing competing
vegetation, and other activities related to reestablishment
of forest species on the fire-impacted lands.
(13) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in
section 201(3) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7121(3)).
(14) Salvage operation.--The term ``salvage operation''
means a forest management activity undertaken in response to
a catastrophic event whose primary purpose--
(A) is to prevent wildfire as a result of the catastrophic
event, or, if the catastrophic event was wildfire, to prevent
a re-burn of the fire-impacted area;
(B) is to provide an opportunity for utilization of forest
materials damaged as a result of the catastrophic event; or
(C) is to provide a funding source for reforestation and
other restoration activities for the National Forest System
lands or public lands impacted by the catastrophic event.
(15) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System lands; and
(B) the Secretary of the Interior, with respect to public
lands.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO
ACTION) IN PROPOSED COLLABORATIVE FOREST
MANAGEMENT ACTIVITIES.
(a) Application to Certain Environmental Assessments and
Environmental Impact Statements.--This section shall apply
whenever the Secretary concerned prepares an environmental
assessment or an environmental impact statement pursuant to
section 102(2) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)) for a forest management activity
that--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee; or
(3) is covered by a community wildfire protection plan.
(b) Consideration of Alternatives.--In an environmental
assessment or environmental impact statement described in
subsection (a), the Secretary concerned shall study, develop,
and describe only the following two alternatives:
(1) The forest management activity, as proposed pursuant to
paragraph (1), (2), or (3) of subsection (a).
(2) The alternative of no action.
(c) Elements of Non-Action Alternative.--In the case of the
alternative of no action, the Secretary concerned shall
evaluate--
(1) the effect of no action on--
(A) forest health;
(B) habitat diversity;
(C) wildfire potential; and
(D) insect and disease potential; and
(2) the implications of a resulting decline in forest
health, loss of habitat diversity, wildfire, or insect or
disease infestation, given fire and insect and disease
historic cycles, on--
(A) domestic water costs;
(B) wildlife habitat loss; and
(C) other economic and social factors.
SEC. 102. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL
RESPONSE ACTIONS.
(a) Availability of Categorical Exclusion.--A categorical
exclusion is available to the Secretary concerned to develop
and carry out a forest management activity on National Forest
System lands or public lands when the primary purpose of the
forest management activity is--
(1) to address an insect or disease infestation;
(2) to reduce hazardous fuel loads;
(3) to protect a municipal water source;
(4) to maintain, enhance, or modify critical habitat to
protect it from catastrophic disturbances;
(5) to increase water yield; or
(6) any combination of the purposes specified in paragraphs
(1) through (5).
(b) Acreage Limitations.--
(1) In general.--Except in the case of a forest management
activity described in paragraph (2), a forest management
activity covered by the categorical exclusion granted by
subsection (a) may not contain harvest units exceeding a
total of 5,000 acres.
(2) Larger areas authorized.--A forest management activity
covered by the categorical exclusion granted by subsection
(a) may not contain harvest units exceeding a total of 15,000
acres if the forest management activity--
(A) is developed through a collaborative process;
(B) is proposed by a resource advisory committee; or
(C) is covered by a community wildfire protection plan.
SEC. 103. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE
OPERATIONS IN RESPONSE TO CATASTROPHIC EVENTS.
(a) Availability of Categorical Exclusion.--A categorical
exclusion is available to the Secretary concerned to develop
and carry out a salvage operation as part of the restoration
of National Forest System lands or public lands following a
catastrophic event.
(b) Acreage Limitations.--
(1) In general.--A salvage operation covered by the
categorical exclusion granted by subsection (a) may not
contain harvest units exceeding a total of 5,000 acres.
(2) Harvest area.--In addition to the limitation imposed by
paragraph (1), the harvest units covered by the categorical
exclusion granted by subsection (a) may not exceed one-third
of the area impacted by the catastrophic event.
(c) Additional Requirements.--
(1) Road building.--A salvage operation covered by the
categorical exclusion granted by subsection (a) may not
include any new permanent roads. Temporary roads constructed
as part of the salvage operation shall be retired before the
end of the fifth fiscal year beginning after the completion
of the salvage operation.
(2) Stream buffers.--A salvage operation covered by the
categorical exclusion granted by
[[Page H3150]]
subsection (a) shall comply with the standards and guidelines
for stream buffers contained in the applicable forest plan
unless waived by the Regional Forester, in the case of
National Forest System lands, or the State Director of the
Bureau of Land Management, in the case of public lands.
(3) Reforestation plan.--A reforestation plan shall be
developed under section 3 of the Act of June 9, 1930
(commonly known as the Knutson-Vandenberg Act; 16 U.S.C.
576b), as part of a salvage operation covered by the
categorical exclusion granted by subsection (a).
SEC. 104. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR
EARLY SUCCESSIONAL FORESTS.
(a) Availability of Categorical Exclusion.--A categorical
exclusion is available to the Secretary concerned to develop
and carry out a forest management activity on National Forest
System lands or public lands when the primary purpose of the
forest management activity is to modify, improve, enhance, or
create early successional forests for wildlife habitat
improvement and other purposes, consistent with the
applicable forest plan.
(b) Project Goals.--To the maximum extent practicable, the
Secretary concerned shall design a forest management activity
under this section to meet early successional forest goals in
such a manner so as to maximize production and regeneration
of priority species, as identified in the forest plan and
consistent with the capability of the activity site.
(c) Acreage Limitations.--A forest management activity
covered by the categorical exclusion granted by subsection
(a) may not contain harvest units exceeding a total of 5,000
acres.
SEC. 105. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION
AUTHORITY RELATED TO INSECT AND DISEASE
INFESTATION.
Section 603(c)(2)(B) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended by striking
``Fire Regime Groups I, II, or III'' and inserting ``Fire
Regime I, Fire Regime II, Fire Regime III, or Fire Regime
IV''.
SEC. 106. CATEGORICAL EXCLUSION TO IMPROVE, RESTORE, AND
REDUCE THE RISK OF WILDFIRE.
(a) Availability of Categorical Exclusion.--A categorical
exclusion is available to the Secretary concerned to carry
out a forest management activity described in subsection (c)
on National Forest System Lands or public lands when the
primary purpose of the activity is to improve, restore, or
reduce the risk of wildfire on those lands.
(b) Acreage Limitations.--A forest management activity
covered by the categorical exclusion granted by subsection
(a) may not exceed 5,000 acres.
(c) Authorized Activities.--The following activities may be
carried out using a categorical exclusion granted by
subsection (a):
(1) Removal of juniper trees, medusahead rye, conifer
trees, pinon pine trees, cheatgrass, and other noxious or
invasive weeds specified on Federal or State noxious weeds
lists through late-season livestock grazing, targeted
livestock grazing, prescribed burns, and mechanical
treatments.
(2) Performance of hazardous fuels management.
(3) Creation of fuel and fire breaks.
(4) Modification of existing fences in order to distribute
livestock and help improve wildlife habitat.
(5) Installation of erosion control devices.
(6) Construction of new and maintenance of permanent
infrastructure, including stock ponds, water catchments, and
water spring boxes used to benefit livestock and improve
wildlife habitat.
(7) Performance of soil treatments, native and non-native
seeding, and planting of and transplanting sagebrush, grass,
forb, shrub, and other species.
(8) Use of herbicides, so long as the Secretary concerned
determines that the activity is otherwise conducted
consistently with agency procedures, including any forest
plan applicable to the area covered by the activity.
(d) Definitions.--In this section:
(1) Hazardous fuels management.--The term ``hazardous fuels
management'' means any vegetation management activities that
reduce the risk of wildfire.
(2) Late-season grazing.--The term ``late-season grazing''
means grazing activities that occur after both the invasive
species and native perennial species have completed their
current-year annual growth cycle until new plant growth
begins to appear in the following year.
(3) Targeted livestock grazing.--The term ``targeted
livestock grazing'' means grazing used for purposes of
hazardous fuel reduction.
SEC. 107. COMPLIANCE WITH FOREST PLAN.
A forest management activity covered by a categorical
exclusion granted by this title shall be conducted in a
manner consistent with the forest plan applicable to the
National Forest System land or public lands covered by the
forest management activity.
TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS
SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFORESTATION
ACTIVITIES FOLLOWING LARGE-SCALE CATASTROPHIC
EVENTS.
(a) Expedited Environmental Assessment.--Notwithstanding
any other provision of law, any environmental assessment
prepared by the Secretary concerned pursuant to section
102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)) for a salvage operation or reforestation
activity proposed to be conducted on National Forest System
lands or public lands adversely impacted by a large-scale
catastrophic event shall be completed within 3 months after
the conclusion of the catastrophic event.
(b) Expedited Implementation and Completion.--In the case
of reforestation activities conducted on National Forest
System lands or public lands adversely impacted by a large-
scale catastrophic event, the Secretary concerned shall
achieve reforestation of at least 75 percent of the impacted
lands during the 5-year period following the conclusion of
the catastrophic event.
(c) Availability of Knutson-Vandenberg Funds.--Amounts in
the special fund established pursuant to section 3 of the Act
of June 9, 1930 (commonly known as the Knutson-Vandenberg
Act; 16 U.S.C. 576b) shall be available to the Secretary of
Agriculture for reforestation activities authorized by this
title.
(d) Timeline for Public Input Process.--Notwithstanding any
other provision of law, in the case of a salvage operation or
reforestation activity proposed to be conducted on National
Forest System lands or public lands adversely impacted by a
large-scale catastrophic event, the Secretary concerned shall
allow 30 days for public scoping and comment, 15 days for
filing an objection, and 15 days for the agency response to
the filing of an objection. Upon completion of this process
and expiration of the period specified in subsection (a), the
Secretary concerned shall implement the project immediately.
SEC. 202. COMPLIANCE WITH FOREST PLAN.
A salvage operation or reforestation activity authorized by
this title shall be conducted in a manner consistent with the
forest plan applicable to the National Forest System lands or
public lands covered by the salvage operation or
reforestation activity.
SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRELIMINARY
INJUNCTIONS, AND INJUNCTIONS PENDING APPEAL.
No restraining order, preliminary injunction, or injunction
pending appeal shall be issued by any court of the United
States with respect to any decision to prepare or conduct a
salvage operation or reforestation activity in response to a
large-scale catastrophic event. Section 705 of title 5,
United States Code, shall not apply to any challenge to the
salvage operation or reforestation activity.
SEC. 204. EXCLUSION OF CERTAIN LANDS.
In applying this title, the Secretary concerned may not
carry out salvage operations or reforestation activities on
National Forest System lands or public lands--
(1) that are included in the National Wilderness
Preservation System;
(2) that are located within an inventoried roadless area
unless the reforestation activity is consistent with the
forest plan; or
(3) on which timber harvesting for any purpose is
prohibited by statute.
TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT
SEC. 301. DEFINITIONS.
In this title:
(1) Costs.--The term ``costs'' refers to the fees and costs
described in section 1920 of title 28, United States Code.
(2) Expenses.--The term ``expenses'' includes the
expenditures incurred by the staff of the Secretary concerned
in preparing for and responding to a legal challenge to a
collaborative forest management activity and in participating
in litigation that challenges the forest management activity,
including such staff time as may be used to prepare the
administrative record, exhibits, declarations, and affidavits
in connection with the litigation.
SEC. 302. BOND REQUIREMENT AS PART OF LEGAL CHALLENGE OF
CERTAIN FOREST MANAGEMENT ACTIVITIES.
(a) Bond Required.--In the case of a forest management
activity developed through a collaborative process or
proposed by a resource advisory committee, any plaintiff or
plaintiffs challenging the forest management activity shall
be required to post a bond or other security equal to the
anticipated costs, expenses, and attorneys fees of the
Secretary concerned as defendant, as reasonably estimated by
the Secretary concerned. All proceedings in the action shall
be stayed until the required bond or security is provided.
(b) Recovery of Litigation Costs, Expenses, and Attorneys
Fees.--
(1) Motion for payment.--If the Secretary concerned
prevails in an action challenging a forest management
activity described in subsection (a), the Secretary concerned
shall submit to the court a motion for payment, from the bond
or other security posted under subsection (a) in such action,
of the reasonable costs, expenses, and attorneys fees
incurred by the Secretary concerned.
(2) Maximum amount recovered.--The amount of costs,
expenses, and attorneys fees recovered by the Secretary
concerned under paragraph (1) as a result of prevailing in an
action challenging the forest management activity may not
exceed the amount of the bond or other security posted under
subsection (a) in such action.
(3) Return of remainder.--Any funds remaining from the bond
or other security posted under subsection (a) after the
payment of costs, expenses, and attorneys fees under
paragraph (1) shall be returned to the plaintiff or
plaintiffs that posted the bond or security in the action.
(c) Return of Bond to Prevailing Plaintiff.--
(1) In general.--If the plaintiff ultimately prevails on
the merits in every action brought by the plaintiff
challenging a forest management activity described in
subsection (a), the court shall return to the plaintiff any
bond or security provided by the plaintiff under subsection
(a), plus interest from the date the bond or security was
provided.
(2) Ultimately prevails on the merits.--In this subsection,
the phrase ``ultimately prevails
[[Page H3151]]
on the merits'' means, in a final enforceable judgment on the
merits, a court rules in favor of the plaintiff on every
cause of action in every action brought by the plaintiff
challenging the forest management activity.
(d) Effect of Settlement.--If a challenge to a forest
management activity described in subsection (a) for which a
bond or other security was provided by the plaintiff under
such subsection is resolved by settlement between the
Secretary concerned and the plaintiff, the settlement
agreement shall provide for sharing the costs, expenses, and
attorneys fees incurred by the parties.
(e) Limitation on Certain Payments.--Notwithstanding
section 1304 of title 31, United States Code, no award may be
made under section 2412 of title 28, United States Code, and
no amounts may be obligated or expended from the Claims and
Judgment Fund of the United States Treasury to pay any fees
or other expenses under such sections to any plaintiff
related to an action challenging a forest management activity
described in subsection (a).
TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
AMENDMENTS
SEC. 401. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON
FEDERAL LAND AND CERTAIN NON-FEDERAL LAND.
(a) Repeal of Merchantable Timber Contracting Pilot
Program.--Section 204(e) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7124(e))
is amended by striking paragraph (3).
(b) Requirements for Project Funds.--Section 204 of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7124) is amended by striking subsection (f)
and inserting the following new subsection:
``(f) Requirements for Project Funds.--
``(1) In general.--Subject to paragraph (2), the Secretary
concerned shall ensure that at least 50 percent of the
project funds reserved by a participating county under
section 102(d) shall be available only for projects that--
``(A) include the sale of timber or other forest products,
reduce fire risks, or improve water supplies; and
``(B) implement stewardship objectives that enhance forest
ecosystems or restore and improve land health and water
quality.
``(2) Applicability.--The requirement in paragraph (1)
shall apply only to project funds reserved by a participating
county whose boundaries include Federal land that the
Secretary concerned determines has been subject to a timber
or other forest products program within 5 fiscal years before
the fiscal year in which the funds are reserved.''.
SEC. 402. RESOURCE ADVISORY COMMITTEES.
(a) Recognition of Resource Advisory Committees.--Section
205(a)(4) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended
by striking ``2012'' each place it appears and inserting
``2020''.
(b) Temporary Reduction in Composition of Committees.--
Section 205(d) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7125(d)) is
amended--
(1) in paragraph (1), by striking ``Each'' and inserting
``Except during the period specified in paragraph (6),
each''; and
(2) by adding at the end the following new paragraph:
``(6) Temporary reduction in minimum number of members.--
``(A) Temporary reduction.--During the period beginning on
the date of the enactment of this paragraph and ending on
September 30, 2020, a resource advisory committee established
under this section may be comprised of nine or more members,
of which--
``(i) at least three shall be representative of interests
described in subparagraph (A) of paragraph (2);
``(ii) at least three shall be representative of interests
described in subparagraph (B) of paragraph (2); and
``(iii) at least three shall be representative of interests
described in subparagraph (C) of paragraph (2).
``(B) Additional requirements.--In appointing members of a
resource advisory committee from the three categories
described in paragraph (2), as provided in subparagraph (A),
the Secretary concerned shall ensure balanced and broad
representation in each category. In the case of a vacancy on
a resource advisory committee, the vacancy shall be filled
within 90 days after the date on which the vacancy occurred.
Appointments to a new resource advisory committee shall be
made within 90 days after the date on which the decision to
form the new resource advisory committee was made.
``(C) Charter.--A charter for a resource advisory committee
with 15 members that was filed on or before the date of the
enactment of this paragraph shall be considered to be filed
for a resource advisory committee described in this
paragraph. The charter of a resource advisory committee shall
be reapproved before the expiration of the existing charter
of the resource advisory committee. In the case of a new
resource advisory committee, the charter of the resource
advisory committee shall be approved within 90 days after the
date on which the decision to form the new resource advisory
committee was made.''.
(c) Conforming Change to Project Approval Requirements.--
Section 205(e)(3) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7125(e)(3)) is
amended by adding at the end the following new sentence: ``In
the case of a resource advisory committee consisting of fewer
than 15 members, as authorized by subsection (d)(6), a
project may be proposed to the Secretary concerned upon
approval by a majority of the members of the committee,
including at least one member from each of the three
categories described in subsection (d)(2).''.
(d) Expanding Local Participation on Committees.--Section
205(d) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125(d)) is amended--
(1) in paragraph (3), by inserting before the period at the
end the following: ``, consistent with the requirements of
paragraph (4)''; and
(2) by striking paragraph (4) and inserting the following
new paragraph:
``(4) Geographic distribution.--The members of a resource
advisory committee shall reside within the county or counties
in which the committee has jurisdiction or an adjacent
county.''.
SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RESOURCE
ADVISORY COMMITTEE PROJECTS.
(a) Self-Sustaining Resource Advisory Committee Projects.--
Title II of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121 et seq.) is amended
by adding at the end the following new section:
``SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY
COMMITTEE PROJECTS.
``(a) RAC Program.--The Chief of the Forest Service shall
conduct a program (to be known as the `self-sustaining
resource advisory committee program' or `RAC program') under
which 10 resource advisory committees will propose projects
authorized by subsection (c) to be carried out using project
funds reserved by a participating county under section
102(d).
``(b) Selection of Participating Resource Advisory
Committees.--The selection of resource advisory committees to
participate in the RAC program is in the sole discretion of
the Chief of the Forest Service, except that, consistent with
section 205(d)(6), a selected resource advisory committee
must have a minimum of six members.
``(c) Authorized Projects.--Notwithstanding the project
purposes specified in sections 202(b), 203(c), and 204(a)(5),
projects under the RAC program are intended to--
``(1) accomplish forest management objectives or support
community development; and
``(2) generate receipts.
``(d) Deposit and Availability of Revenues.--Any revenue
generated by a project conducted under the RAC program,
including any interest accrued from the revenues, shall be--
``(1) deposited in the special account in the Treasury
established under section 102(d)(2)(A); and
``(2) available, in such amounts as may be provided in
advance in appropriation Acts, for additional projects under
the RAC program.
``(e) Termination of Authority.--
``(1) In general.--The authority to initiate a project
under the RAC program shall terminate on September 30, 2020.
``(2) Deposits in treasury.--Any funds available for
projects under the RAC program and not obligated by September
30, 2021, shall be deposited in the Treasury of the United
States.''.
(b) Exception to General Rule Regarding Treatment of
Receipts.--Section 403(b) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7153(b))
is amended by striking ``All revenues'' and inserting
``Except as provided in section 209, all revenues''.
SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR
TITLE III COUNTY PROJECTS.
Section 302(a) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is
amended--
(1) in paragraph (2)--
(A) by inserting ``and law enforcement patrols'' after
``including firefighting''; and
(B) by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) to cover training costs and equipment purchases
directly related to the emergency services described in
paragraph (2); and''.
SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING.
Section 102 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112) is amended by
adding at the end the following new subsection:
``(f) Treatment as Supplemental Funding.--None of the funds
made available to a beneficiary county or other political
subdivision of a State under this Act shall be used in lieu
of or to otherwise offset State funding sources for local
schools, facilities, or educational purposes.''.
TITLE V--STEWARDSHIP END RESULT CONTRACTING
SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT
CONTRACTING PROJECTS.
(a) Cancellation Ceilings.--Section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c) is
amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Cancellation Ceilings.--
``(1) In general.--The Chief and the Director may obligate
funds to cover any potential cancellation or termination
costs for an agreement or contract under subsection (b) in
stages that are economically or programmatically viable.
``(2) Advance notice to congress of cancellation ceiling in
excess of $25 million.--Not later than 30 days before
entering into a multiyear agreement or contract under
subsection (b) that includes a cancellation ceiling in excess
of $25 million, but does not include proposed funding for the
costs of cancelling the agreement or contract up to such
cancellation
[[Page H3152]]
ceiling, the Chief or the Director, as the case may be, shall
submit to the Committee on Energy and Natural Resources and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives a
written notice that includes--
``(A) the cancellation ceiling amounts proposed for each
program year in the agreement or contract;
``(B) the reasons why such cancellation ceiling amounts
were selected;
``(C) the extent to which the costs of contract
cancellation are not included in the budget for the agreement
or contract; and
``(D) an assessment of the financial risk of not including
budgeting for the costs of agreement or contract
cancellation.
``(3) Transmittal of notice to omb.--Not later than 14 days
after the date on which written notice is provided under
paragraph (2) with respect to an agreement or contract under
subsection (b), the Chief or the Director, as the case may
be, shall transmit a copy of the notice to the Director of
the Office of Management and Budget.''.
(b) Relation to Other Laws.--Section 604(d)(5) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c(d)(5)) is amended by striking ``, the Chief may'' and
inserting ``and section 2(a)(1) of the Act of July 31, 1947
(commonly known as the Materials Act of 1947; 30 U.S.C.
602(a)(1)), the Chief and the Director may''.
SEC. 502. EXCESS OFFSET VALUE.
Section 604(g)(2) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c(g)(2)) is amended by striking
subparagraphs (A) and (B) and inserting the following new
subparagraphs:
``(A) use the excess to satisfy any outstanding liabilities
for cancelled agreements or contracts; or
``(B) if there are no outstanding liabilities under
subparagraph (A), apply the excess to other authorized
stewardship projects.''.
SEC. 503. PAYMENT OF PORTION OF STEWARDSHIP PROJECT REVENUES
TO COUNTY IN WHICH STEWARDSHIP PROJECT OCCURS.
Section 604(e) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c(e)) is amended--
(1) in paragraph (2)(B), by inserting ``subject to
paragraph (3)(A),'' before ``shall''; and
(2) in paragraph (3)(A), by striking ``services received by
the Chief or the Director'' and all that follows through the
period at the end and inserting the following: ``services and
in-kind resources received by the Chief or the Director under
a stewardship contract project conducted under this section
shall not be considered monies received from the National
Forest System or the public lands, but any payments made by
the contractor to the Chief or Director under the project
shall be considered monies received from the National Forest
System or the public lands.''.
SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT.
Subsection (j) of section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c), as redesignated by
section 501(a)(1), is amended by striking ``report to the
Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Agriculture of the House of
Representatives'' and inserting ``submit to the congressional
committees specified in subsection (h)(2) a report''.
SEC. 505. FIRE LIABILITY PROVISION.
Section 604(d) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c(d)) is amended by adding at the end the
following new paragraph:
``(8) Modification.--Upon the request of the contractor, a
contract or agreement under this section awarded before
February 7, 2014, shall be modified by the Chief or Director
to include the fire liability provisions described in
paragraph (7).''.
TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES
SEC. 601. DEFINITIONS.
In this title:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or political subdivision of a State containing
National Forest System lands or public lands;
(B) a publicly chartered utility serving one or more States
or a political subdivision thereof;
(C) a rural electric company; and
(D) any other entity determined by the Secretary concerned
to be appropriate for participation in the Fund.
(2) Fund.--The term ``Fund'' means the State-Supported
Forest Management Fund established by section 603.
SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVENUES AND
COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND
TO COVER FOREST MANAGEMENT ACTIVITY PLANNING
COSTS.
(a) Availability of Stewardship Project Revenues.--Section
604(e)(2)(B) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c(e)(2)(B)), as amended by section 503, is
further amended by striking ``appropriation at the project
site from which the monies are collected or at another
project site.'' and inserting the following:
``appropriation--
``(i) at the project site from which the monies are
collected or at another project site; and
``(ii) to cover not more than 25 percent of the cost of
planning additional stewardship contracting projects.''.
(b) Availability of Collaborative Forest Landscape
Restoration Fund.--Section 4003(f)(1) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(f)(1)) is amended
by striking ``carrying out and'' and inserting ``planning,
carrying out, and''.
SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT
ACTIVITIES.
(a) State-Supported Forest Management Fund.--There is
established in the Treasury of the United States a fund, to
be known as the ``State-Supported Forest Management Fund'',
to cover the cost of planning (especially related to
compliance with section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2))), carrying out, and
monitoring certain forest management activities on National
Forest System lands or public lands.
(b) Contents.--The State-Supported Forest Management Fund
shall consist of such amounts as may be--
(1) contributed by an eligible entity for deposit in the
Fund;
(2) appropriated to the Fund; or
(3) generated by forest management activities carried out
using amounts in the Fund.
(c) Geographical and Use Limitations.--In making a
contribution under subsection (b)(1), an eligible entity
may--
(1) specify the National Forest System lands or public
lands for which the contribution may be expended; and
(2) limit the types of forest management activities for
which the contribution may be expended.
(d) Authorized Forest Management Activities.--In such
amounts as may be provided in advance in appropriation Acts,
the Secretary concerned may use the Fund to plan, carry out,
and monitor a forest management activity that--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee; or
(3) is covered by a community wildfire protection plan.
(e) Implementation Methods.--A forest management activity
carried out using amounts in the Fund may be carried out
using a contract or agreement under section 604 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c),
the good neighbor authority provided by section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a), a contract under
section 14 of the National Forest Management Act of 1976 (16
U.S.C. 472a), or other authority available to the Secretary
concerned, but revenues generated by the forest management
activity shall be used to reimburse the Fund for planning
costs covered using amounts in the Fund.
(f) Relation to Other Laws.--
(1) Revenue sharing.--Subject to subsection (e), revenues
generated by a forest management activity carried out using
amounts from the Fund shall be considered monies received
from the National Forest System.
(2) Knutson-vanderberg act.--The Act of June 9, 1930
(commonly known as the Knutson-Vanderberg Act; 16 U.S.C. 576
et seq.), shall apply to any forest management activity
carried out using amounts in the Fund.
(g) Termination of Fund.--
(1) Termination.--The Fund shall terminate 10 years after
the date of the enactment of this Act.
(2) Effect of termination.--Upon the termination of the
Fund pursuant to paragraph (1) or pursuant to any other
provision of law, unobligated contributions remaining in the
Fund shall be returned to the eligible entity that made the
contribution.
TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
SEC. 701. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF
STEWARDSHIP END RESULT CONTRACTING AND OTHER
AUTHORITIES.
(a) Prompt Consideration of Tribal Requests.--Section 2(b)
of the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a(b)) is amended--
(1) in paragraph (1), by striking ``Not later than 120 days
after the date on which an Indian tribe submits to the
Secretary'' and inserting ``In response to the submission by
an Indian tribe of''; and
(2) by adding at the end the following new paragraph:
``(4) Time periods for consideration.--
``(A) Initial response.--Not later than 120 days after the
date on which the Secretary receives a tribal request under
paragraph (1), the Secretary shall provide an initial
response to the Indian tribe regarding--
``(i) whether the request may meet the selection criteria
described in subsection (c); and
``(ii) the likelihood of the Secretary entering into an
agreement or contract with the Indian tribe under paragraph
(2) for activities described in paragraph (3).
``(B) Notice of denial.--Notice under subsection (d) of the
denial of a tribal request under paragraph (1) shall be
provided not later than 1 year after the date on which the
Secretary received the request.
``(C) Completion.--Not later than 2 years after the date on
which the Secretary receives a tribal request under paragraph
(1), other than a tribal request denied under subsection (d),
the Secretary shall--
``(i) complete all environmental reviews necessary in
connection with the agreement or contract and proposed
activities under the agreement or contract; and
``(ii) enter into the agreement or contract with the Indian
tribe under paragraph (2).''.
(b) Conforming and Technical Amendments.--Section 2 of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is
amended--
(1) in subsections (b)(1) and (f)(1), by striking ``section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law
105-277) (as
[[Page H3153]]
amended by section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (117 Stat. 275))''
and inserting ``section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c)''; and
(2) in subsection (d), by striking ``subsection (b)(1), the
Secretary may'' and inserting ``paragraphs (1) and (4)(B) of
subsection (b), the Secretary shall''.
SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO
INCLUDE RELATED NATIONAL FOREST SYSTEM LANDS
AND PUBLIC LANDS.
Section 305 of the National Indian Forest Resources
Management Act (25 U.S.C. 3104) is amended by adding at the
end the following new subsection:
``(c) Inclusion of Certain National Forest System Land and
Public Land.--
``(1) Authority.--At the request of an Indian tribe, the
Secretary concerned may treat Federal forest land as Indian
forest land for purposes of planning and conducting forest
land management activities under this section if the Federal
forest land is located within, or mostly within, a geographic
area that presents a feature or involves circumstances
principally relevant to that Indian tribe, such as Federal
forest land ceded to the United States by treaty, Federal
forest land within the boundaries of a current or former
reservation, or Federal forest land adjudicated to be tribal
homelands.
``(2) Requirements.--As part of the agreement to treat
Federal forest land as Indian forest land under paragraph
(1), the Secretary concerned and the Indian tribe making the
request shall--
``(A) provide for continued public access applicable to the
Federal forest land prior to the agreement, except that the
Secretary concerned may limit or prohibit such access as
needed;
``(B) continue sharing revenue generated by the Federal
forest land with State and local governments either--
``(i) on the terms applicable to the Federal forest land
prior to the agreement, including, where applicable, 25-
percent payments or 50-percent payments; or
``(ii) at the option of the Indian tribe, on terms agreed
upon by the Indian tribe, the Secretary concerned, and State
and county governments participating in a revenue sharing
agreement for the Federal forest land;
``(C) comply with applicable prohibitions on the export of
unprocessed logs harvested from the Federal forest land;
``(D) recognize all right-of-way agreements in place on
Federal forest land prior to commencement of tribal
management activities; and
``(E) ensure that all commercial timber removed from the
Federal forest land is sold on a competitive bid basis.
``(3) Limitation.--Treating Federal forest land as Indian
forest land for purposes of planning and conducting
management activities pursuant to paragraph (1) shall not be
construed to designate the Federal forest land as Indian
forest lands for any other purpose.
``(4) Definitions.--In this subsection:
``(A) Federal forest land.--The term `Federal forest land'
means--
``(i) National Forest System lands; and
``(ii) public lands (as defined in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(e))), including Coos Bay Wagon Road Grant lands
reconveyed to the United States pursuant to the first section
of the Act of February 26, 1919 (40 Stat. 1179), and Oregon
and California Railroad Grant lands.
``(B) Secretary concerned.--The term `Secretary concerned'
means--
``(i) the Secretary of Agriculture, with respect to the
Federal forest land referred to in subparagraph (A)(i); and
``(ii) the Secretary of the Interior, with respect to the
Federal forest land referred to in subparagraph (A)(ii).''.
SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
The Secretary of the Interior and the Secretary of
Agriculture may carry out demonstration projects by which
federally recognized Indian tribes or tribal organizations
may contract to perform administrative, management, and other
functions of programs of the Tribal Forest Protection Act of
2004 (25 U.S.C. 3115a et seq.) through contracts entered into
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).
TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS
SEC. 801. BALANCING SHORT- AND LONG-TERM EFFECTS OF FOREST
MANAGEMENT ACTIVITIES IN CONSIDERING INJUNCTIVE
RELIEF.
As part of its weighing the equities while considering any
request for an injunction that applies to any agency action
as part of a forest management activity under titles I
through VIII, the court reviewing the agency action shall
balance the impact to the ecosystem likely affected by the
forest management activity of--
(1) the short- and long-term effects of undertaking the
agency action; against
(2) the short- and long-term effects of not undertaking the
action.
SEC. 802. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.
(a) Consultation With Affected County.--Whenever any Forest
Service defined maintenance level one- or two-system road
within a designated high fire prone area of a unit of the
National Forest System is considered for decommissioning, the
Forest Supervisor of that unit of the National Forest System
shall--
(1) consult with the government of the county containing
the road regarding the merits and possible consequences of
decommissioning the road; and
(2) solicit possible alternatives to decommissioning the
road.
(b) Regional Forester Approval.--A Forest Service road
described in subsection (a) may not be decommissioned without
the advance approval of the Regional Forester.
SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS
REQUIREMENTS ON NATIONAL FOREST SYSTEM LANDS.
On and after the date of the enactment of this Act, the
Secretary of Agriculture may not apply to National Forest
System lands any of the amendments to forest plans adopted in
the Decision Notice for the Revised Continuation of Interim
Management Direction Establishing Riparian, Ecosystem and
Wildlife Standards for Timber Sales (commonly known as the
Eastside Screens requirements), including all preceding or
associated versions of these amendments.
SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN AMENDMENTS FOR
CERTAIN PROJECTS AND ACTIVITIES.
If the Secretary concerned determines that, in order to
conduct a project or carry out an activity implementing a
forest plan, an amendment to the forest plan is required, the
Secretary concerned shall execute such amendment as a
nonsignificant plan amendment through the record of decision
or decision notice for the project or activity.
SEC. 805. KNUTSON-VANDENBERG ACT MODIFICATIONS.
(a) Deposits of Funds From National Forest Timber
Purchasers Required.--Section 3(a) of the Act of June 9, 1930
(commonly known as the Knutson-Vandenberg Act; 16 U.S.C.
576b(a)), is amended by striking ``The Secretary'' and all
that follows through ``any purchaser'' and inserting the
following: ``The Secretary of Agriculture shall require each
purchaser''.
(b) Conditions on Use of Deposits.--Section 3 of the Act of
June 9, 1930 (commonly known as the Knutson-Vandenberg Act;
16 U.S.C. 576b), is amended--
(1) by striking ``Such deposits'' and inserting the
following:
``(b) Amounts deposited under subsection (a)'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting before subsection (d), as so redesignated,
the following new subsection (c):
``(c)(1) Amounts in the special fund established pursuant
to this section--
``(A) shall be used exclusively to implement activities
authorized by subsection (a); and
``(B) may be used anywhere within the Forest Service Region
from which the original deposits were collected.
``(2) The Secretary of Agriculture may not deduct overhead
costs from the funds collected under subsection (a), except
as needed to fund personnel of the responsible Ranger
District for the planning and implementation of the
activities authorized by subsection (a).''.
SEC. 806. EXCLUSION OF CERTAIN NATIONAL FOREST SYSTEM LANDS
AND PUBLIC LANDS.
Unless specifically provided by a provision of titles I
through VIII, the authorities provided by such titles do not
apply with respect to any National Forest System lands or
public lands--
(1) that are included in the National Wilderness
Preservation System;
(2) that are located within an inventoried roadless area
unless the forest management activity to be carried out under
such authority is consistent with the forest plan applicable
to the area; or
(3) on which timber harvesting for any purpose is
prohibited by statute.
SEC. 807. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND
MANAGE MITIGATION MEASURE STANDARD AND
GUIDELINES.
The Northwest Forest Plan Survey and Manage Mitigation
Measure Standard and Guidelines shall not apply to any
National Forest System lands or public lands.
SEC. 808. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN
WESTERN OREGON.
(a) General Rule.--All of the public land managed by the
Bureau of Land Management in the Salem District, Eugene
District, Roseburg District, Coos Bay District, Medford
District, and the Klamath Resource Area of the Lakeview
District in the State of Oregon shall hereafter be managed
pursuant to title I of the of the Act of August 28, 1937 (43
U.S.C. 1181a through 1181e). Except as provided in subsection
(b), all of the revenue produced from such land shall be
deposited in the Treasury of the United States in the Oregon
and California land-grant fund and be subject to the
provisions of title II of the Act of August 28, 1937 (43
U.S.C. 1181f).
(b) Certain Lands Excluded.--Subsection (a) does not apply
to any revenue that is required to be deposited in the Coos
Bay Wagon Road grant fund pursuant to sections 1 through 4 of
the Act of May 24, 1939 (43 U.S.C. 1181f-1 through f-4).
SEC. 809. BUREAU OF LAND MANAGEMENT RESOURCE MANAGEMENT
PLANS.
(a) Additional Analysis and Alternatives.--To develop a
full range of reasonable alternatives as required by the
National Environmental Policy Act of 1969, the Secretary of
the Interior shall develop and consider in detail a reference
analysis and two additional alternatives as part of the
revisions of the resource management plans for the Bureau of
Land Management's Salem, Eugene, Coos Bay, Roseburg, and
Medford Districts and the Klamath Resource Area of the
Lakeview District.
(b) Reference Analysis.--The reference analysis required by
subsection (a) shall measure and assume the harvest of the
annual growth net of natural mortality for all forested land
in the planning area in order to determine the maximum
sustained yield capacity of the forested land base and to
establish a baseline by which the Secretary of the Interior
shall measure incremental effects on the sustained yield
[[Page H3154]]
capacity and environmental impacts from management
prescriptions in all other alternatives.
(c) Additional Alternatives.--
(1) Carbon sequestration alternative.--The Secretary of the
Interior shall develop and consider an additional alternative
with the goal of maximizing the total carbon benefits from
forest storage and wood product storage. To the extent
practicable, the analysis shall consider--
(A) the future risks to forest carbon from wildfires,
insects, and disease;
(B) the amount of carbon stored in products or in
landfills;
(C) the life cycle benefits of harvested wood products
compared to non-renewable products; and
(D) the energy produced from wood residues.
(2) Sustained yield alternative.--The Secretary of the
Interior shall develop and consider an additional alternative
that produces the greater of 500 million board feet or the
annual net growth on the acres classified as timberland,
excluding any congressionally reserved areas. The projected
harvest levels, as nearly as practicable, shall be
distributed among the Districts referred to in subsection (a)
in the same proportion as the maximum yield capacity of each
such District bears to maximum yield capacity of the planning
area as a whole.
(d) Additional Analysis and Public Participation.--The
Secretary of the Interior shall publish the reference
analysis and additional alternatives and analyze their
environmental and economic consequences in a supplemental
draft environmental impact statement. The draft environmental
impact statement and supplemental draft environmental impact
statement shall be made available for public comment for a
period of not less than 180 days. The Secretary shall respond
to any comments received before making a final decision
between all alternatives.
(e) Rule of Construction.--Nothing in this section shall
affect the obligation of the Secretary of the Interior to
manage the timberlands as required by the Act of August 28,
1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j).
SEC. 810. LANDSCAPE-SCALE FOREST RESTORATION PROJECT.
The Secretary of Agriculture shall develop and implement at
least one landscape-scale forest restoration project that
includes, as a defined purpose of the project, the generation
of material that will be used to promote advanced wood
products. The project shall be developed through a
collaborative process.
TITLE IX--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
SEC. 901. WILDFIRE ON FEDERAL LANDS.
Section 102(2) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
(1) by striking ``(2)'' and all that follows through
``means'' and inserting the following:
``(2) Major disaster.--
``(A) Major disaster.--The term `major disaster' means'';
and
(2) by adding at the end the following:
``(B) Major disaster for wildfire on federal lands.--The
term `major disaster for wildfire on Federal lands' means any
wildfire or wildfires, which in the determination of the
President under section 802 warrants assistance under section
803 to supplement the efforts and resources of the Department
of the Interior or the Department of Agriculture--
``(i) on Federal lands; or
``(ii) on non-Federal lands pursuant to a fire protection
agreement or cooperative agreement.''.
SEC. 902. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON
FEDERAL LANDS.
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding
at the end the following:
``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
``SEC. 801. DEFINITIONS.
``As used in this title--
``(1) Federal land.--The term `Federal land' means--
``(A) any land under the jurisdiction of the Department of
the Interior; and
``(B) any land under the jurisdiction of the United States
Forest Service.
``(2) Federal land management agencies.--The term `Federal
land management agencies' means--
``(A) the Bureau of Land Management;
``(B) the National Park Service;
``(C) the Bureau of Indian Affairs;
``(D) the United States Fish and Wildlife Service; and
``(E) the United States Forest Service.
``(3) Wildfire suppression operations.--The term `wildfire
suppression operations' means the emergency and unpredictable
aspects of wildland firefighting, including support,
response, emergency stabilization activities, and other
emergency management activities of wildland firefighting on
Federal lands (or on non-Federal lands pursuant to a fire
protection agreement or cooperative agreement) by the Federal
land management agencies covered by the wildfire suppression
subactivity of the Wildland Fire Management account or the
FLAME Wildfire Suppression Reserve Fund account of the
Federal land management agencies.
``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR
WILDFIRE ON FEDERAL LANDS.
``(a) In General.--The Secretary of the Interior or the
Secretary of Agriculture may submit a request to the
President consistent with the requirements of this title for
a declaration by the President that a major disaster for
wildfire on Federal lands exists.
``(b) Requirements.--A request for a declaration by the
President that a major disaster for wildfire on Federal lands
exists shall--
``(1) be made in writing by the respective Secretary;
``(2) certify that the amount appropriated in the current
fiscal year for wildfire suppression operations of the
Federal land management agencies under the jurisdiction of
the respective Secretary, net of any concurrently enacted
rescissions of wildfire suppression funds, increases the
total unobligated balance of amounts available for wildfire
suppression by an amount equal to or greater than the average
total costs incurred by the Federal land management agencies
per year for wildfire suppression operations, including the
suppression costs in excess of appropriated amounts, over the
previous ten fiscal years;
``(3) certify that the amount available for wildfire
suppression operations of the Federal land management
agencies under the jurisdiction of the respective Secretary
will be obligated not later than 30 days after such Secretary
notifies the President that wildfire suppression funds will
be exhausted to fund ongoing and anticipated wildfire
suppression operations related to the wildfire on which the
request for the declaration of a major disaster for wildfire
on Federal lands pursuant to this title is based; and
``(4) specify the amount required in the current fiscal
year to fund wildfire suppression operations related to the
wildfire on which the request for the declaration of a major
disaster for wildfire on Federal lands pursuant to this title
is based.
``(c) Declaration.--Based on the request of the respective
Secretary under this title, the President may declare that a
major disaster for wildfire on Federal lands exists.
``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.
``(a) In General.--In a major disaster for wildfire on
Federal lands, the President may transfer funds, only from
the account established pursuant to subsection (b), to the
Secretary of the Interior or the Secretary of Agriculture to
conduct wildfire suppression operations on Federal lands (and
non-Federal lands pursuant to a fire protection agreement or
cooperative agreement).
``(b) Wildfire Suppression Operations Account.--The
President shall establish a specific account for the
assistance available pursuant to a declaration under section
802. Such account may only be used to fund assistance
pursuant to this title.
``(c) Limitation.--
``(1) Limitation of transfer.--The assistance available
pursuant to a declaration under section 802 is limited to the
transfer of the amount requested pursuant to section
802(b)(4). The assistance available for transfer shall not
exceed the amount contained in the wildfire suppression
operations account established pursuant to subsection (b).
``(2) Transfer of funds.--Funds under this section shall be
transferred from the wildfire suppression operations account
to the wildfire suppression subactivity of the Wildland Fire
Management Account.
``(d) Prohibition of Other Transfers.--Except as provided
in this section, no funds may be transferred to or from the
account established pursuant to subsection (b) to or from any
other fund or account.
``(e) Reimbursement for Wildfire Suppression Operations on
Non-Federal Land.--If amounts transferred under subsection
(c) are used to conduct wildfire suppression operations on
non-Federal land, the respective Secretary shall--
``(1) secure reimbursement for the cost of such wildfire
suppression operations conducted on the non-Federal land; and
``(2) transfer the amounts received as reimbursement to the
wildfire suppression operations account established pursuant
to subsection (b).
``(f) Annual Accounting and Reporting Requirements.--Not
later than 90 days after the end of each fiscal year for
which assistance is received pursuant to this section, the
respective Secretary shall submit to the Committees on
Agriculture, Appropriations, the Budget, Natural Resources,
and Transportation and Infrastructure of the House of
Representatives and the Committees on Agriculture, Nutrition,
and Forestry, Appropriations, the Budget, Energy and Natural
Resources, Homeland Security and Governmental Affairs, and
Indian Affairs of the Senate, and make available to the
public, a report that includes the following:
``(1) The risk-based factors that influenced management
decisions regarding wildfire suppression operations of the
Federal land management agencies under the jurisdiction of
the Secretary concerned.
``(2) Specific discussion of a statistically significant
sample of large fires, in which each fire is analyzed for
cost drivers, effectiveness of risk management techniques,
resulting positive or negative impacts of fire on the
landscape, impact of investments in preparedness, suggested
corrective actions, and such other factors as the respective
Secretary considers appropriate.
``(3) Total expenditures for wildfire suppression
operations of the Federal land management agencies under the
jurisdiction of the respective Secretary, broken out by fire
sizes, cost, regional location, and such other factors as the
such Secretary considers appropriate.
``(4) Lessons learned.
``(5) Such other matters as the respective Secretary
considers appropriate.
``(g) Savings Provision.--Nothing in this title shall limit
the Secretary of the Interior, the Secretary of Agriculture,
Indian tribe, or a State from receiving assistance through a
declaration made by the President under this Act when the
criteria for such declaration have been met.''.
SEC. 903. PROHIBITION ON TRANSFERS.
No funds may be transferred to or from the Federal land
management agencies' wildfire suppression operations accounts
referred to in section 801(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to or from
[[Page H3155]]
any account or subactivity of the Federal land management
agencies, as defined in section 801(2) of such Act, that is
not used to cover the cost of wildfire suppression
operations.
DIVISION C--NATURAL RESOURCES
TITLE I--WESTERN WATER AND AMERICAN FOOD SECURITY ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Western Water and American
Food Security Act of 2015''.
SEC. 1002. FINDINGS.
Congress finds as follows:
(1) As established in the Proclamation of a State of
Emergency issued by the Governor of the State on January 17,
2014, the State is experiencing record dry conditions.
(2) Extremely dry conditions have persisted in the State
since 2012, and the drought conditions are likely to persist
into the future.
(3) The water supplies of the State are at record-low
levels, as indicated by the fact that all major Central
Valley Project reservoir levels were at 20-35 percent of
capacity as of September 25, 2014.
(4) The lack of precipitation has been a significant
contributing factor to the 6,091 fires experienced in the
State as of September 15, 2014, and which covered nearly
400,000 acres.
(5) According to a study released by the University of
California, Davis in July 2014, the drought has led to the
fallowing of 428,000 acres of farmland, loss of $810 million
in crop revenue, loss of $203 million in dairy and other
livestock value, and increased groundwater pumping costs by
$454 million. The statewide economic costs are estimated to
be $2.2 billion, with over 17,000 seasonal and part-time
agricultural jobs lost.
(6) CVPIA Level II water deliveries to refuges have also
been reduced by 25 percent in the north of Delta region, and
by 35 percent in the south of Delta region.
(7) Only one-sixth of the usual acres of rice fields are
being flooded this fall, which leads to a significant decline
in habitat for migratory birds and an increased risk of
disease at the remaining wetlands due to overcrowding of such
birds.
(8) The drought of 2013 through 2014 constitutes a serious
emergency that poses immediate and severe risks to human life
and safety and to the environment throughout the State.
(9) The serious emergency described in paragraph (4)
requires--
(A) immediate and credible action that respects the
complexity of the water system of the State and the
importance of the water system to the entire State; and
(B) policies that do not pit stakeholders against one
another, which history shows only leads to costly litigation
that benefits no one and prevents any real solutions.
(10) Data on the difference between water demand and
reliable water supplies for various regions of California
south of the Delta, including the San Joaquin Valley,
indicate there is a significant annual gap between reliable
water supplies to meet agricultural, municipal and
industrial, groundwater, and refuges water needs within the
Delta Division, San Luis Unit and Friant Division of the
Central Valley Project and the State Water Project south of
the Sacramento-San Joaquin River Delta and the demands of
those areas. This gap varies depending on the methodology of
the analysis performed, but can be represented in the
following ways:
(A) For Central Valley Project South-of-Delta water service
contractors, if it is assumed that a water supply deficit is
the difference in the amount of water available for
allocation versus the maximum contract quantity, then the
water supply deficits that have developed from 1992 to 2014
as a result of legislative and regulatory changes besides
natural variations in hydrology during this timeframe range
between 720,000 and 1,100,000 acre-feet.
(B) For Central Valley Project and State Water Project
water service contractors south of the Delta and north of the
Tehachapi mountain range, if it is assumed that a water
supply deficit is the difference between reliable water
supplies, including maximum water contract deliveries, safe
yield of groundwater, safe yield of local and surface
supplies and long-term contracted water transfers, and water
demands, including water demands from agriculture, municipal
and industrial and refuge contractors, then the water supply
deficit ranges between approximately 2,500,000 to 2,700,000
acre-feet.
(11) Data of pumping activities at the Central Valley
Project and State Water Project delta pumps identifies that,
on average from Water Year 2009 to Water Year 2014, take of
Delta smelt is 80 percent less than allowable take levels
under the biological opinion issued December 15, 2008.
(12) Data of field sampling activities of the Interagency
Ecological Program located in the Sacramento-San Joaquin
Estuary identifies that, on average from 2005 to 2013, the
program ``takes'' 3,500 delta smelt during annual surveys
with an authorized ``take'' level of 33,480 delta smelt
annually--according to the biological opinion issued December
9, 1997.
(13) In 2015, better information exists than was known in
2008 concerning conditions and operations that may or may not
lead to high salvage events that jeopardize the fish
populations, and what alternative management actions can be
taken to avoid jeopardy.
(14) Alternative management strategies, removing non-native
species, enhancing habitat, monitoring fish movement and
location in real-time, and improving water quality in the
Delta can contribute significantly to protecting and
recovering these endangered fish species, and at potentially
lower costs to water supplies.
(15) Resolution of fundamental policy questions concerning
the extent to which application of the Endangered Species Act
of 1973 affects the operation of the Central Valley Project
and State Water Project is the responsibility of Congress.
SEC. 1003. DEFINITIONS.
In this title:
(1) Delta.--The term ``Delta'' means the Sacramento-San
Joaquin Delta and the Suisun Marsh, as defined in sections
12220 and 29101 of the California Public Resources Code.
(2) Export pumping rates.--The term ``export pumping
rates'' means the rates of pumping at the C.W. ``Bill'' Jones
Pumping Plant and the Harvey O. Banks Pumping Plant, in the
southern Delta.
(3) Listed fish species.--The term ``listed fish species''
means listed salmonid species and the Delta smelt.
(4) Listed salmonid species.--The term ``listed salmonid
species'' means natural origin steelhead, natural origin
genetic spring run Chinook, and genetic winter run Chinook
salmon including hatchery steelhead or salmon populations
within the evolutionary significant unit (ESU) or distinct
population segment (DPS).
(5) Negative impact on the long-term survival.--The term
``negative impact on the long-term survival'' means to reduce
appreciably the likelihood of the survival of a listed
species in the wild by reducing the reproduction, numbers, or
distribution of that species.
(6) OMR.--The term ``OMR'' means the Old and Middle River
in the Delta.
(7) OMR flow of -5,000 cubic feet per second.--The term
``OMR flow of -5,000 cubic feet per second'' means Old and
Middle River flow of negative 5,000 cubic feet per second as
described in--
(A) the smelt biological opinion; and
(B) the salmonid biological opinion.
(8) Salmonid biological opinion.--The term ``salmonid
biological opinion'' means the biological opinion issued by
the National Marine Fisheries Service on June 4, 2009.
(9) Smelt biological opinion.--The term ``smelt biological
opinion'' means the biological opinion on the Long-Term
Operational Criteria and Plan for coordination of the Central
Valley Project and State Water Project issued by the United
States Fish and Wildlife Service on December 15, 2008.
(10) State.--The term ``State'' means the State of
California.
Subtitle A--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-
TIME MONITORING AND UPDATED SCIENCE
SEC. 1011. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(2) Delta smelt.--The term ``Delta smelt'' means the fish
species with the scientific name Hypomesus transpacificus.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
SEC. 1012. REVISE INCIDENTAL TAKE LEVEL CALCULATION FOR DELTA
SMELT TO REFLECT NEW SCIENCE.
(a) Review and Modification.--Not later than October 1,
2016, and at least every five years thereafter, the Director,
in cooperation with other Federal, State, and local agencies,
shall use the best scientific and commercial data available
to complete a review and, modify the method used to calculate
the incidental take levels for adult and larval/juvenile
Delta smelt in the smelt biological opinion that takes into
account all life stages, among other considerations--
(1) salvage information collected since at least 1993;
(2) updated or more recently developed statistical models;
(3) updated scientific and commercial data; and
(4) the most recent information regarding the environmental
factors affecting Delta smelt salvage.
(b) Modified Incidental Take Level.--Unless the Director
determines in writing that one or more of the requirements
described in paragraphs (1) through (4) are not appropriate,
the modified incidental take level described in subsection
(a) shall--
(1) be normalized for the abundance of prespawning adult
Delta smelt using the Fall Midwater Trawl Index or other
index;
(2) be based on a simulation of the salvage that would have
occurred from 1993 through 2012 if OMR flow has been
consistent with the smelt biological opinions;
(3) base the simulation on a correlation between annual
salvage rates and historic water clarity and OMR flow during
the adult salvage period; and
(4) set the incidental take level as the 80 percent upper
prediction interval derived from simulated salvage rates
since at least 1993.
SEC. 1013. FACTORING INCREASED REAL-TIME MONITORING AND
UPDATED SCIENCE INTO DELTA SMELT MANAGEMENT.
(a) In General.--The Director shall use the best scientific
and commercial data available to implement, continuously
evaluate, and refine or amend, as appropriate, the reasonable
and prudent alternative described in the smelt biological
opinion, and any successor opinions or court order. The
Secretary shall make all significant decisions under the
smelt biological opinion, or any successor opinions that
affect Central Valley Project and State Water Project
operations, in writing, and shall document the significant
facts upon which such decisions are made, consistent with
section 706 of title 5, United States Code.
(b) Increased Monitoring To Inform Real-Time Operations.--
The Secretary shall conduct
[[Page H3156]]
additional surveys, on an annual basis at the appropriate
time of the year based on environmental conditions, in
collaboration with other Delta science interests.
(1) In implementing this section, the Secretary shall--
(A) use the most accurate survey methods available for the
detection of Delta smelt to determine the extent that adult
Delta smelt are distributed in relation to certain levels of
turbidity, or other environmental factors that may influence
salvage rate; and
(B) use results from appropriate survey methods for the
detection of Delta smelt to determine how the Central Valley
Project and State Water Project may be operated more
efficiently to minimize salvage while maximizing export
pumping rates without causing a significant negative impact
on the long-term survival of the Delta smelt.
(2) During the period beginning on December 1, 2015, and
ending March 31, 2016, and in each successive December
through March period, if suspended sediment loads enter the
Delta from the Sacramento River and the suspended sediment
loads appear likely to raise turbidity levels in the Old
River north of the export pumps from values below 12
Nephelometric Turbidity Units (NTU) to values above 12 NTU,
the Secretary shall--
(A) conduct daily monitoring using appropriate survey
methods at locations including, but not limited to, the
vicinity of Station 902 to determine the extent that adult
Delta smelt are moving with turbidity toward the export
pumps; and
(B) use results from the monitoring surveys referenced in
paragraph (A) to determine how increased trawling can inform
daily real-time Central Valley Project and State Water
Project operations to minimize salvage while maximizing
export pumping rates without causing a significant negative
impact on the long-term survival of the Delta smelt.
(c) Periodic Review of Monitoring.--Within 12 months of the
date of enactment of this title, and at least once every 5
years thereafter, the Secretary shall--
(1) evaluate whether the monitoring program under
subsection (b), combined with other monitoring programs for
the Delta, is providing sufficient data to inform Central
Valley Project and State Water Project operations to minimize
salvage while maximizing export pumping rates without causing
a significant negative impact on the long-term survival of
the Delta smelt; and
(2) determine whether the monitoring efforts should be
changed in the short or long term to provide more useful
data.
(d) Delta Smelt Distribution Study.--
(1) In general.--No later than January 1, 2016, and at
least every five years thereafter, the Secretary, in
collaboration with the California Department of Fish and
Wildlife, the California Department of Water Resources,
public water agencies, and other interested entities, shall
implement new targeted sampling and monitoring specifically
designed to understand Delta smelt abundance, distribution,
and the types of habitat occupied by Delta smelt during all
life stages.
(2) Sampling.--The Delta smelt distribution study shall, at
a minimum--
(A) include recording water quality and tidal data;
(B) be designed to understand Delta smelt abundance,
distribution, habitat use, and movement throughout the Delta,
Suisun Marsh, and other areas occupied by the Delta smelt
during all seasons;
(C) consider areas not routinely sampled by existing
monitoring programs, including wetland channels, near-shore
water, depths below 35 feet, and shallow water; and
(D) use survey methods, including sampling gear, best
suited to collect the most accurate data for the type of
sampling or monitoring.
(e) Scientifically Supported Implementation of OMR Flow
Requirements.--In implementing the provisions of the smelt
biological opinion, or any successor biological opinion or
court order, pertaining to management of reverse flow in the
Old and Middle Rivers, the Secretary shall--
(1) consider the relevant provisions of the biological
opinion or any successor biological opinion;
(2) to maximize Central Valley project and State Water
Project water supplies, manage export pumping rates to
achieve a reverse OMR flow rate of -5,000 cubic feet per
second unless information developed by the Secretary under
paragraphs (3) and (4) leads the Secretary to reasonably
conclude that a less negative OMR flow rate is necessary to
avoid a negative impact on the long-term survival of the
Delta smelt. If information available to the Secretary
indicates that a reverse OMR flow rate more negative than
-5,000 cubic feet per second can be established without an
imminent negative impact on the long-term survival of the
Delta smelt, the Secretary shall manage export pumping rates
to achieve that more negative OMR flow rate;
(3) document in writing any significant facts about real-
time conditions relevant to the determinations of OMR reverse
flow rates, including--
(A) whether targeted real-time fish monitoring in the Old
River pursuant to this section, including monitoring in the
vicinity of Station 902, indicates that a significant
negative impact on the long-term survival of the Delta smelt
is imminent; and
(B) whether near-term forecasts with available salvage
models show under prevailing conditions that OMR flow of
-5,000 cubic feet per second or higher will cause a
significant negative impact on the long-term survival of the
Delta smelt;
(4) show in writing that any determination to manage OMR
reverse flow at rates less negative than -5,000 cubic feet
per second is necessary to avoid a significant negative
impact on the long-term survival of the Delta smelt,
including an explanation of the data examined and the
connection between those data and the choice made, after
considering--
(A) the distribution of Delta smelt throughout the Delta;
(B) the potential effects of documented, quantified
entrainment on subsequent Delta smelt abundance;
(C) the water temperature;
(D) other significant factors relevant to the
determination; and
(E) whether any alternative measures could have a
substantially lesser water supply impact; and
(5) for any subsequent biological opinion, make the showing
required in paragraph (4) for any determination to manage OMR
reverse flow at rates less negative than the most negative
limit in the biological opinion if the most negative limit in
the biological opinion is more negative than -5,000 cubic
feet per second.
(f) Memorandum of Understanding.--No later than December 1,
2015, the Commissioner and the Director will execute a
Memorandum of Understanding (MOU) to ensure that the smelt
biological opinion is implemented in a manner that maximizes
water supply while complying with applicable laws and
regulations. If that MOU alters any procedures set out in the
biological opinion, there will be no need to reinitiate
consultation if those changes will not have a significant
negative impact on the long-term survival on listed species
and the implementation of the MOU would not be a major change
to implementation of the biological opinion. Any change to
procedures that does not create a significant negative impact
on the long-term survival to listed species will not alter
application of the take permitted by the incidental take
statement in the biological opinion under section 7(o)(2) of
the Endangered Species Act of 1973.
(g) Calculation of Reverse Flow in OMR.--Within 90 days of
the enactment of this title, the Secretary is directed, in
consultation with the California Department of Water
Resources to revise the method used to calculate reverse flow
in Old and Middle Rivers for implementation of the reasonable
and prudent alternatives in the smelt biological opinion and
the salmonid biological opinion, and any succeeding
biological opinions, for the purpose of increasing Central
Valley Project and State Water Project water supplies. The
method of calculating reverse flow in Old and Middle Rivers
shall be reevaluated not less than every five years
thereafter to achieve maximum export pumping rates within
limits established by the smelt biological opinion, the
salmonid biological opinion, and any succeeding biological
opinions.
Subtitle B--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE
SEC. 1021. DEFINITIONS.
In this subtitle:
(1) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator of the
National Oceanic and Atmospheric Administration for
Fisheries.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Other affected interests.--The term ``other affected
interests'' means the State of California, Indian tribes,
subdivisions of the State of California, public water
agencies and those who benefit directly and indirectly from
the operations of the Central Valley Project and the State
Water Project.
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(5) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
SEC. 1022. PROCESS FOR ENSURING SALMONID MANAGEMENT IS
RESPONSIVE TO NEW SCIENCE.
(a) General Directive.--The reasonable and prudent
alternative described in the salmonid biological opinion
allows for and anticipates adjustments in Central Valley
Project and State Water Project operation parameters to
reflect the best scientific and commercial data currently
available, and authorizes efforts to test and evaluate
improvements in operations that will meet applicable
regulatory requirements and maximize Central Valley Project
and State Water Project water supplies and reliability.
Implementation of the reasonable and prudent alternative
described in the salmonid biological opinion shall be
adjusted accordingly as new scientific and commercial data
are developed. The Commissioner and the Assistant
Administrator shall fully utilize these authorities as
described below.
(b) Annual Reviews of Certain Central Valley Project and
State Water Project Operations.--No later than December 31,
2016, and at least annually thereafter:
(1) The Commissioner, with the assistance of the Assistant
Administrator, shall examine and identify adjustments to the
initiation of Action IV.2.3 as set forth in the Biological
Opinion and Conference Opinion on the Long-Term Operations of
the Central Valley Project and State Water Project,
Endangered Species Act Section 7 Consultation, issued by the
National Marine Fisheries Service on June 4, 2009, pertaining
to negative OMR flows, subject to paragraph (5).
(2) The Commissioner, with the assistance of the Assistant
Administrator, shall examine and identify adjustments in the
timing, triggers or other operational details relating to the
implementation of pumping restrictions in Action IV.2.1
pertaining to the inflow to export ratio, subject to
paragraph (5).
(3) Pursuant to the consultation and assessments carried
out under paragraphs (1) and (2)
[[Page H3157]]
of this subsection, the Commissioner and the Assistant
Administrator shall jointly make recommendations to the
Secretary of the Interior and to the Secretary on adjustments
to project operations that, in the exercise of the adaptive
management provisions of the salmonid biological opinion,
will reduce water supply impacts of the salmonid biological
opinion on the Central Valley Project and the California
State Water Project and are consistent with the requirements
of applicable law and as further described in subsection (c).
(4) The Secretary and the Secretary of the Interior shall
direct the Commissioner and Assistant Administrator to
implement recommended adjustments to Central Valley Project
and State Water Project operations for which the conditions
under subsection (c) are met.
(5) The Assistant Administrator and the Commissioner shall
review and identify adjustments to Central Valley Project and
State Water Project operations with water supply restrictions
in any successor biological opinion to the salmonid
biological opinion, applying the provisions of this section
to those water supply restrictions where there are references
to Actions IV.2.1 and IV.2.3.
(c) Implementation of Operational Adjustments.--After
reviewing the recommendations under subsection (b), the
Secretary of the Interior and the Secretary shall direct the
Commissioner and the Assistant Administrator to implement
those operational adjustments, or any combination, for which,
in aggregate--
(1) the net effect on listed species is equivalent to those
of the underlying project operational parameters in the
salmonid biological opinion, taking into account both--
(A) efforts to minimize the adverse effects of the
adjustment to project operations; and
(B) whatever additional actions or measures may be
implemented in conjunction with the adjustments to operations
to offset the adverse effects to listed species, consistent
with (d), that are in excess of the adverse effects of the
underlying operational parameters, if any; and
(2) the effects of the adjustment can be reasonably
expected to fall within the incidental take authorizations.
(d) Evaluation of Offsetting Measures.--When examining and
identifying opportunities to offset the potential adverse
effect of adjustments to operations under subsection
(c)(1)(B), the Commissioner and the Assistant Administrator
shall take into account the potential species survival
improvements that are likely to result from other measures
which, if implemented in conjunction with such adjustments,
would offset adverse effects, if any, of the adjustments.
When evaluating offsetting measures, the Commissioner and the
Assistant Administrator shall consider the type, timing and
nature of the adverse effects, if any, to specific species
and ensure that the measures likely provide equivalent
overall benefits to the listed species in the aggregate, as
long as the change will not cause a significant negative
impact on the long-term survival of a listed salmonid
species.
(e) Framework for Examining Opportunities To Minimize or
Offset the Potential Adverse Effect of Adjustments to
Operations.--Not later than December 31, 2015, and every five
years thereafter, the Assistant Administrator shall, in
collaboration with the Director of the California Department
of Fish and Wildlife, based on the best scientific and
commercial data available and for each listed salmonid
species, issue estimates of the increase in through-Delta
survival the Secretary expects to be achieved--
(1) through restrictions on export pumping rates as
specified by Action IV.2.3 as compared to limiting OMR flow
to a fixed rate of -5,000 cubic feet per second within the
time period Action IV.2.3 is applicable, based on a given
rate of San Joaquin River inflow to the Delta and holding
other relevant factors constant;
(2) through San Joaquin River inflow to export restrictions
on export pumping rates specified within Action IV.2.1 as
compared to the restrictions in the April/May period imposed
by the State Water Resources Control Board decision D-1641,
based on a given rate of San Joaquin River inflow to the
Delta and holding other relevant factors constant;
(3) through physical habitat restoration improvements;
(4) through predation control programs;
(5) through the installation of temporary barriers, the
management of Cross Channel Gates operations, and other
projects affecting flow in the Delta;
(6) through salvaging fish that have been entrained near
the entrance to Clifton Court Forebay;
(7) through any other management measures that may provide
equivalent or better protections for listed species while
maximizing export pumping rates without causing a significant
negative impact on the long-term survival of a listed
salmonid species; and
(8) through development and implementation of conservation
hatchery programs for salmon and steelhead to aid in the
recovery of listed salmon and steelhead species.
(f) Survival Estimates.--
(1) To the maximum extent practicable, the Assistant
Administrator shall make quantitative estimates of survival
such as a range of percentage increases in through-Delta
survival that could result from the management measures, and
if the scientific information is lacking for quantitative
estimates, shall do so on qualitative terms based upon the
best available science.
(2) If the Assistant Administrator provides qualitative
survival estimates for a species resulting from one or more
management measures, the Secretary shall, to the maximum
extent feasible, rank the management measures described in
subsection (e) in terms of their most likely expected
contribution to increased through-Delta survival relative to
the other measures.
(3) If at the time the Assistant Administrator conducts the
reviews under subsection (b), the Secretary has not issued an
estimate of increased through-Delta survival from different
management measures pursuant to subsection (e), the Secretary
shall compare the protections to the species from different
management measures based on the best scientific and
commercial data available at the time.
(g) Comparison of Adverse Consequences for Alternative
Management Measures of Equivalent Protection for a Species.--
(1) For the purposes of this subsection and subsection
(c)--
(A) the alternative management measure or combination of
alternative management measures identified in paragraph (2)
shall be known as the ``equivalent alternative measure'';
(B) the existing measure or measures identified in
subparagraphs (2) (A), (B), (C), or (D) shall be known as the
``equivalent existing measure''; and
(C) an ``equivalent increase in through-Delta survival
rates for listed salmonid species'' shall mean an increase in
through-Delta survival rates that is equivalent when
considering the change in through-Delta survival rates for
the listed salmonid species in the aggregate, and not the
same change for each individual species, as long as the
change in survival rates will not cause a significant
negative impact on the long-term survival of a listed
salmonid species.
(2) As part of the reviews of project operations pursuant
to subsection (b), the Assistant Administrator shall
determine whether any alternative management measures or
combination of alternative management measures listed in
subsection (e) (3) through (8) would provide an increase in
through-Delta survival rates for listed salmonid species that
is equivalent to the increase in through-Delta survival rates
for listed salmonid species from the following:
(A) Through restrictions on export pumping rates as
specified by Action IV.2.3, as compared to limiting OMR flow
to a fixed rate of -5,000 cubic feet per second within the
time period Action IV.2.3 is applicable.
(B) Through restrictions on export pumping rates as
specified by Action IV.2.3, as compared to a modification of
Action IV.2.3 that would provide additional water supplies,
other than that described in subparagraph (A).
(C) Through San Joaquin River inflow to export restrictions
on export pumping rates specified within Action IV.2.1, as
compared to the restrictions in the April/May period imposed
by the State Water Resources Control Board decision D-1641.
(D) Through San Joaquin River inflow to export restrictions
on export pumping rates specified within Action IV.2.1, as
compared to a modification of Action IV.2.1 that would reduce
water supply impacts of the salmonid biological opinion on
the Central Valley Project and the California State Water
Project, other than that described in subparagraph (C).
(3) If the Assistant Administrator identifies an equivalent
alternative measure pursuant to paragraph (2), the Assistant
Administrator shall determine whether--
(A) it is technically feasible and within Federal
jurisdiction to implement the equivalent alternative measure;
(B) the State of California, or subdivision thereof, or
local agency with jurisdiction has certified in writing
within 10 calendar days to the Assistant Administrator that
it has the authority and capability to implement the
pertinent equivalent alternative measure; or
(C) the adverse consequences of doing so are less than the
adverse consequences of the equivalent existing measure,
including a concise evaluation of the adverse consequences to
other affected interests.
(4) If the Assistant Administrator makes the determinations
in subparagraph (3)(A) or (3)(B), the Commissioner shall
adjust project operations to implement the equivalent
alternative measure in place of the equivalent existing
measure in order to increase export rates of pumping to the
greatest extent possible while maintaining a net combined
effect of equivalent through-Delta survival rates for the
listed salmonid species.
(h) Tracking Adverse Effects Beyond the Range of Effects
Accounted for in the Salmonid Biological Opinion and
Coordinated Operation With the Delta Smelt Biological
Opinion.--
(1) Among the adjustments to the project operations
considered through the adaptive management process under this
section, the Assistant Administrator and the Commissioner
shall--
(A) evaluate the effects on listed salmonid species and
water supply of the potential adjustment to operational
criteria described in subparagraph (B); and
(B) consider requiring that before some or all of the
provisions of Actions IV.2.1. or IV.2.3 are imposed in any
specific instance, the Assistant Administrator show that the
implementation of these provisions in that specific instance
is necessary to avoid a significant negative impact on the
long-term survival of a listed salmonid species.
(2) The Assistant Administrator, the Director, and the
Commissioner, in coordination with State officials as
appropriate, shall establish operational criteria to
coordinate management of OMR flows under the smelt and
salmonid biological opinions, in order to take advantage of
opportunities to provide additional water supplies from the
coordinated implementation of the biological opinions.
(3) The Assistant Administrator and the Commissioner shall
document the effects of any adaptive management decisions
related to the coordinated operation of the smelt and
salmonid biological opinions that prioritizes the maintenance
of one species at the expense of the other.
(i) Real-Time Monitoring and Management.--Notwithstanding
the calendar based triggers described in the salmonid
biological opinion Reasonable and Prudent Alternative
[[Page H3158]]
(RPA), the Assistant Administrator and the Commissioner shall
not limit OMR reverse flow to -5,000 cubic feet per second
unless current monitoring data indicate that this OMR flow
limitation is reasonably required to avoid a significant
negative impact on the long-term survival of a listed
salmonid species.
(j) Evaluation and Implementation of Management Measures.--
If the quantitative estimates of through-Delta survival
established by the Secretary for the adjustments in
subsection (b)(2) exceed the through-Delta survival
established for the RPAs, the Secretary shall evaluate and
implement the management measures in subsection (b)(2) as a
prerequisite to implementing the RPAs contained in the
Salmonid Biological Opinion.
(k) Accordance With Other Law.--Consistent with section 706
of title 5, United States Code, decisions of the Assistant
Administrator and the Commissioner described in subsections
(b) through (j) shall be made in writing, on the basis of
best scientific and commercial data currently available, and
shall include an explanation of the data examined at the
connection between those data and the decisions made.
SEC. 1023. NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS
FISH IN THE STANISLAUS RIVER.
(a) Establishment of Nonnative Predator Fish Removal
Program.--The Secretary and the districts, in consultation
with the Director, shall jointly develop and conduct a
nonnative predator fish removal program to remove nonnative
striped bass, smallmouth bass, largemouth bass, black bass,
and other nonnative predator fish species from the Stanislaus
River. The program shall--
(1) be scientifically based;
(2) include methods to quantify the number and size of
predator fish removed each year, the impact of such removal
on the overall abundance of predator fish, and the impact of
such removal on the populations of juvenile anadromous fish
found in the Stanislaus River by, among other things,
evaluating the number of juvenile anadromous fish that
migrate past the rotary screw trap located at Caswell;
(3) among other methods, use wire fyke trapping, portable
resistance board weirs, and boat electrofishing; and
(4) be implemented as quickly as possible following the
issuance of all necessary scientific research.
(b) Management.--The management of the program shall be the
joint responsibility of the Secretary and the districts. Such
parties shall work collaboratively to ensure the performance
of the program, and shall discuss and agree upon, among other
things, changes in the structure, management, personnel,
techniques, strategy, data collection, reporting, and conduct
of the program.
(c) Conduct.--
(1) In general.--By agreement between the Secretary and the
districts, the program may be conducted by their own
personnel, qualified private contractors hired by the
districts, personnel of, on loan to, or otherwise assigned to
the National Marine Fisheries Service, or a combination
thereof.
(2) Participation by the national marine fisheries
service.--If the districts elect to conduct the program using
their own personnel or qualified private contractors hired by
them in accordance with paragraph (1), the Secretary may
assign an employee of, on loan to, or otherwise assigned to
the National Marine Fisheries Service, to be present for all
activities performed in the field. Such presence shall ensure
compliance with the agreed-upon elements specified in
subsection (b). The districts shall pay the cost of such
participation in accordance with subsection (d).
(3) Timing of election.--The districts shall notify the
Secretary of their election on or before October 15 of each
calendar year of the program. Such an election shall apply to
the work performed in the subsequent calendar year.
(d) Funding.--
(1) In general.--The districts shall be responsible for 100
percent of the cost of the program.
(2) Contributed funds.--The Secretary may accept and use
contributions of funds from the districts to carry out
activities under the program.
(3) Estimation of cost.--On or before December 1 of each
year of the program, the Secretary shall submit to the
districts an estimate of the cost to be incurred by the
National Marine Fisheries Service for the program in the
following calendar year, if any, including the cost of any
data collection and posting under subsection (e). If an
amount equal to the estimate is not provided through
contributions pursuant to paragraph (2) before December 31 of
that year--
(A) the Secretary shall have no obligation to conduct the
program activities otherwise scheduled for such following
calendar year until such amount is contributed by the
districts; and
(B) the districts may not conduct any aspect of the program
until such amount is contributed by the districts.
(4) Accounting.--On or before September 1 of each year, the
Secretary shall provide to the districts an accounting of the
costs incurred by the Secretary for the program in the
preceding calendar year. If the amount contributed by the
districts pursuant to paragraph (2) for that year was greater
than the costs incurred by the Secretary, the Secretary
shall--
(A) apply the excess contributions to costs of activities
to be performed by the Secretary under the program, if any,
in the next calendar year; or
(B) if no such activities are to be performed, repay the
excess contribution to the districts.
(e) Posting and Evaluation.--On or before the 15th day of
each month, the Secretary shall post on the Internet website
of the National Marine Fisheries Service a tabular summary of
the raw data collected under the program in the preceding
month.
(f) Implementation.--The program is hereby found to be
consistent with the requirements of the Central Valley
Project Improvement Act (Public Law 102-575). No provision,
plan or definition established or required by the Central
Valley Project Improvement Act (Public Law 102-575) shall be
used to prohibit the imposition of the program, or to prevent
the accomplishment of its goals.
(g) Treatment of Striped Bass.--For purposes of the
application of the Central Valley Project Improvement Act
(title XXXIV of Public Law 102-575) with respect to the
program, striped bass shall not be treated as anadromous
fish.
(h) Definition.--For the purposes of this section, the term
``districts'' means the Oakdale Irrigation District and the
South San Joaquin Irrigation District, California.
SEC. 1024. PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE
SPECIES PROGRAM.
(a) In General.--Not later than January 1, 2017, the
Secretary of the Interior, in collaboration with the
Secretary of Commerce, the Director of the California
Department of Fish and Wildlife, and other relevant agencies
and interested parties, shall begin pilot projects to
implement the invasive species control program authorized
pursuant to section 103(d)(6)(A)(iv) of Public Law 108-361
(118 Stat. 1690).
(b) Requirements.--The pilot projects shall--
(1) seek to reduce invasive aquatic vegetation, predators,
and other competitors which contribute to the decline of
native listed pelagic and anadromous species that occupy the
Sacramento and San Joaquin Rivers and their tributaries and
the Sacramento-San Joaquin Bay-Delta; and
(2) remove, reduce, or control the effects of species,
including Asiatic clams, silversides, gobies, Brazilian water
weed, water hyacinth, largemouth bass, smallmouth bass,
striped bass, crappie, bluegill, white and channel catfish,
and brown bullheads.
(c) Sunset.--The authorities provided under this subsection
shall expire seven years after the Secretaries commence
implementation of the pilot projects pursuant to subsection
(a).
(d) Emergency Environmental Reviews.--To expedite the
environmentally beneficial programs for the conservation of
threatened and endangered species, the Secretaries shall
consult with the Council on Environmental Quality in
accordance with section 1506.11 of title 40, Code of Federal
Regulations (or successor regulations), to develop
alternative arrangements to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
the projects pursuant to subsection (a).
Subtitle C--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF
SEC. 1031. DEFINITIONS.
In this subtitle:
(1) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of
the Central Valley Project Improvement Act (Public Law 102-
575; 106 Stat. 4707).
(2) Reclamation project.--The term ``Reclamation Project''
means a project constructed pursuant to the authorities of
the reclamation laws and whose facilities are wholly or
partially located in the State.
(3) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture;
(B) the Secretary of Commerce; and
(C) the Secretary of the Interior.
(4) State water project.--The term ``State Water Project''
means the water project described by California Water Code
section 11550 et seq. and operated by the California
Department of Water Resources.
(5) State.--The term ``State'' means the State of
California.
SEC. 1032. OPERATIONAL FLEXIBILITY IN TIMES OF DROUGHT.
(a) Water Supplies.--For the period of time such that in
any year that the Sacramento Valley Index is 6.5 or lower, or
at the request of the State of California, and until two
succeeding years following either of those events have been
completed where the final Sacramento Valley Index is 7.8 or
greater, the Secretaries shall provide the maximum quantity
of water supplies practicable to all individuals or district
who receive Central Valley Project water under water service
or repayments contracts, water rights settlement contracts,
exchange contracts, or refuge contracts or agreements entered
into prior to or after the date of enactment of this title;
State Water Project contractors, and any other tribe,
locality, water agency, or municipality in the State, by
approving, consistent with applicable laws (including
regulations), projects and operations to provide additional
water supplies as quickly as practicable based on available
information to address the emergency conditions.
(b) Administration.--In carrying out subsection (a), the
Secretaries shall, consistent with applicable laws (including
regulations)--
(1) issue all necessary permit decisions under the
authority of the Secretaries not later than 30 days after the
date on which the Secretaries receive a completed application
from the State to place and use temporary barriers or
operable gates in Delta channels to improve water quantity
and quality for the State Water Project and the Central
Valley Project south of Delta water contractors and other
water users, on the condition that the barriers or operable
gates--
(A) do not result in a significant negative impact on the
long-term survival of listed species within the Delta and
provide benefits or have a neutral impact on in-Delta water
user water quality; and
(B) are designed so that formal consultations under section
7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) are
not necessary;
[[Page H3159]]
(2) require the Director of the United States Fish and
Wildlife Service and the Commissioner of Reclamation--
(A) to complete, not later than 30 days after the date on
which the Director or the Commissioner receives a complete
written request for water transfer, all requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) necessary to make final permit decisions on the
request; and
(B) to approve any water transfer request described in
subparagraph (A) to maximize the quantity of water supplies
available for nonhabitat uses, on the condition that actions
associated with the water transfer comply with applicable
Federal laws (including regulations);
(3) adopt a 1:1 inflow to export ratio, as measured as a 3-
day running average at Vernalis during the period beginning
on April 1, and ending on May 31, absent a determination in
writing that a more restrictive inflow to export ratio is
required to avoid a significant negative impact on the long-
term survival of a listed salmonid species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
provided that the 1:1 inflow to export ratio shall apply for
the increment of increased flow of the San Joaquin River
resulting from the voluntary sale, transfers, or exchanges of
water from agencies with rights to divert water from the San
Joaquin River or its tributaries and provided that the
movement of the acquired, transferred, or exchanged water
through the Delta consistent with the Central Valley
Project's and the State Water Project's permitted water
rights and provided that movement of the Central Valley
Project water is consistent with the requirements of section
3405(a)(1)(H) of the Central Valley Project Improvement Act;
and
(4) allow and facilitate, consistent with existing
priorities, water transfers through the C.W. ``Bill'' Jones
Pumping Plant or the Harvey O. Banks Pumping Plant from April
1 to November 30 provided water transfers comply with State
law, including the California Environmental Quality Act.
(c) Accelerated Project Decision and Elevation.--
(1) In general.--On request by the Governor of the State,
the Secretaries shall use the expedited procedures under this
subsection to make final decisions relating to a Federal
project or operation, or to local or State projects or
operations that require decisions by the Secretary of the
Interior or the Secretary of Commerce to provide additional
water supplies if the project's or operation's purpose is to
provide relief for emergency drought conditions pursuant to
subsections (a) and (b).
(2) Request for resolution.--
(A) In general.--On request by the Governor of the State,
the Secretaries referenced in paragraph (1), or the head of
another Federal agency responsible for carrying out a review
of a project, as applicable, the Secretary of the Interior
shall convene a final project decision meeting with the heads
of all relevant Federal agencies to decide whether to approve
a project to provide relief for emergency drought conditions.
(B) Meeting.--The Secretary of the Interior shall convene a
meeting requested under subparagraph (A) not later than 7
days after the date on which the meeting request is received.
(3) Notification.--On receipt of a request for a meeting
under paragraph (2), the Secretary of the Interior shall
notify the heads of all relevant Federal agencies of the
request, including information on the project to be reviewed
and the date of the meeting.
(4) Decision.--Not later than 10 days after the date on
which a meeting is requested under paragraph (2), the head of
the relevant Federal agency shall issue a final decision on
the project, subject to subsection (e)(2).
(5) Meeting convened by secretary.--The Secretary of the
Interior may convene a final project decision meeting under
this subsection at any time, at the discretion of the
Secretary, regardless of whether a meeting is requested under
paragraph (2).
(d) Application.--To the extent that a Federal agency,
other than the agencies headed by the Secretaries, has a role
in approving projects described in subsections (a) and (b),
this section shall apply to those Federal agencies.
(e) Limitation.--Nothing in this section authorizes the
Secretaries to approve projects--
(1) that would otherwise require congressional
authorization; or
(2) without following procedures required by applicable
law.
(f) Drought Plan.--For the period of time such that in any
year that the Sacramento Valley index is 6.5 or lower, or at
the request of the State of California, and until two
succeeding years following either of those events have been
completed where the final Sacramento Valley Index is 7.8 or
greater, the Secretaries of Commerce and the Interior, in
consultation with appropriate State officials, shall develop
a drought operations plan that is consistent with the
provisions of this Act including the provisions that are
intended to provide additional water supplies that could be
of assistance during the current drought.
SEC. 1033. OPERATION OF CROSS-CHANNEL GATES.
(a) In General.--The Secretary of Commerce and the
Secretary of the Interior shall jointly--
(1) authorize and implement activities to ensure that the
Delta Cross Channel Gates remain open to the maximum extent
practicable using findings from the United States Geological
Survey on diurnal behavior of juvenile salmonids, timed to
maximize the peak flood tide period and provide water supply
and water quality benefits for the duration of the drought
emergency declaration of the State, and for the period of
time such that in any year that the Sacramento Valley index
is 6.5 or lower, or at the request of the State of
California, and until two succeeding years following either
of those events have been completed where the final
Sacramento Valley Index is 7.8 or greater, consistent with
operational criteria and monitoring criteria set forth into
the Order Approving a Temporary Urgency Change in License and
Permit Terms in Response to Drought Conditions of the
California State Water Resources Control Board, effective
January 31, 2014 (or a successor order) and other
authorizations associated with it;
(2) with respect to the operation of the Delta Cross
Channel Gates described in paragraph (1), collect data on the
impact of that operation on--
(A) species listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(B) water quality; and
(C) water supply;
(3) collaborate with the California Department of Water
Resources to install a deflection barrier at Georgiana Slough
in coordination with Delta Cross Channel Gate diurnal
operations to protect migrating salmonids, consistent with
knowledge gained from activities carried out during 2014 and
2015;
(4) evaluate the combined salmonid survival in light of
activities carried out pursuant to paragraphs (1) through (3)
in deciding how to operate the Delta Cross Channel gates to
enhance salmonid survival and water supply benefits; and
(5) not later than May 15, 2016, submit to the appropriate
committees of the House of Representatives and the Senate a
notice and explanation on the extent to which the gates are
able to remain open.
(b) Recommendations.--After assessing the information
collected under subsection (a), the Secretary of the Interior
shall recommend revisions to the operation of the Delta
Cross-Channel Gates, to the Central Valley Project, and to
the State Water Project, including, if appropriate, any
reasonable and prudent alternative contained in the
biological opinion issued by the National Marine Fisheries
Service on June 4, 2009, that are likely to produce water
supply benefits without causing a significant negative impact
on the long-term survival of the listed fish species within
the Delta or on water quality.
SEC. 1034. FLEXIBILITY FOR EXPORT/INFLOW RATIO.
For the period of time such that in any year that the
Sacramento Valley index is 6.5 or lower, or at the request of
the State of California, and until two succeeding years
following either of those events have been completed where
the final Sacramento Valley Index is 7.8 or greater, the
Commissioner of the Bureau of Reclamation shall continue to
vary the averaging period of the Delta Export/Inflow ratio
pursuant to the California State Water Resources Control
Board decision D1641--
(1) to operate to a 35-percent Export/Inflow ratio with a
3-day averaging period on the rising limb of a Delta inflow
hydrograph; and
(2) to operate to a 14-day averaging period on the falling
limb of the Delta inflow hydrograph.
SEC. 1035. EMERGENCY ENVIRONMENTAL REVIEWS.
(a) NEPA Compliance.--To minimize the time spent carrying
out environmental reviews and to deliver water quickly that
is needed to address emergency drought conditions in the
State during the duration of an emergency drought
declaration, the Secretaries shall, in carrying out this Act,
consult with the Council on Environmental Quality in
accordance with section 1506.11 of title 40, Code of Federal
Regulations (including successor regulations), to develop
alternative arrangements to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
during the emergency.
(b) Determinations.--For the purposes of this section, a
Secretary may deem a project to be in compliance with all
necessary environmental regulations and reviews if the
Secretary determines that the immediate implementation of the
project is necessary to address--
(1) human health and safety; or
(2) a specific and imminent loss of agriculture production
upon which an identifiable region depends for 25 percent or
more of its tax revenue used to support public services
including schools, fire or police services, city or county
health facilities, unemployment services or other associated
social services.
SEC. 1036. INCREASED FLEXIBILITY FOR REGULAR PROJECT
OPERATIONS.
The Secretaries shall, consistent with applicable laws
(including regulations)--
(1) in coordination with the California Department of Water
Resources and the California Department of Fish and Wildlife,
implement offsite upstream projects in the Delta and upstream
of the Sacramento River and San Joaquin basins that offset
the effects on species listed as threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) due to activities carried out pursuant this Act, as
determined by the Secretaries;
(2) manage reverse flow in the Old and Middle Rivers at
-6,100 cubic feet per second if real-time monitoring
indicates that flows of -6,100 cubic feet per second or more
negative can be established for specific periods without
causing a significant negative impact on the long-term
survival of the Delta smelt, or if real-time monitoring does
not support flows of -6,100 cubic feet per second than manage
OMR flows at -5,000 cubic feet per second subject to section
1013(e)(3) and (4); and
(3) use all available scientific tools to identify any
changes to real-time operations of the Bureau of Reclamation,
State, and local water projects that could result in the
availability of additional water supplies.
SEC. 1037. TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW
STORMS OF THE WATER YEAR.
(a) In General.--Consistent with avoiding a significant
negative impact on the long-term
[[Page H3160]]
survival in the short term upon listed fish species beyond
the range of those authorized under the Endangered Species
Act of 1973 and other environmental protections under
subsection (e), the Secretaries shall authorize the Central
Valley Project and the State Water Project, combined, to
operate at levels that result in negative OMR flows at -7,500
cubic feet per second (based on United States Geological
Survey gauges on Old and Middle Rivers) daily average for 56
cumulative days after October 1 as described in subsection
(c).
(b) Days of Temporary Operational Flexibility.--The
temporary operational flexibility described in subsection (a)
shall be authorized on days that the California Department of
Water Resources determines the daily average river flow of
the Sacramento River is at, or above, 17,000 cubic feet per
second as measured at the Sacramento River at Freeport gauge
maintained by the United States Geologic Survey.
(c) Compliance With Endangered Species Act
Authorizations.--In carrying out this section, the
Secretaries may continue to impose any requirements under the
smelt and salmonid biological opinions during any period of
temporary operational flexibility as they determine are
reasonably necessary to avoid an additional significant
negative impacts on the long-term survival of a listed fish
species beyond the range of those authorized under the
Endangered Species Act of 1973, provided that the
requirements imposed do not reduce water supplies available
for the Central Valley Project and the State Water Project.
(d) Other Environmental Protections.--
(1) State law.--The Secretaries' actions under this section
shall be consistent with applicable regulatory requirements
under State law.
(2) First sediment flush.--During the first flush of
sediment out of the Delta in each water year, and provided
that such determination is based upon objective evidence, OMR
flow may be managed at rates less negative than -5,000 cubic
feet per second for a minimum duration to avoid movement of
adult Delta smelt (Hypomesus transpacificus) to areas in the
southern Delta that would be likely to increase entrainment
at Central Valley Project and State Water Project pumping
plants.
(3) Applicability of opinion.--This section shall not
affect the application of the salmonid biological opinion
from April 1 to May 31, unless the Secretary of Commerce
finds that some or all of such applicable requirements may be
adjusted during this time period to provide emergency water
supply relief without resulting in additional adverse effects
beyond those authorized under the Endangered Species Act of
1973. In addition to any other actions to benefit water
supply, the Secretary of the Interior and the Secretary of
Commerce shall consider allowing through-Delta water
transfers to occur during this period if they can be
accomplished consistent with section 3405(a)(1)(H) of the
Central Valley Project Improvement Act. Water transfers
solely or exclusively through the State Water Project are not
required to be consistent with section 3405(a)(1)(H) of the
Central Valley Project Improvement Act.
(4) Monitoring.--During operations under this section, the
Commissioner of Reclamation, in coordination with the Fish
and Wildlife Service, National Marine Fisheries Service, and
California Department of Fish and Wildlife, shall undertake a
monitoring program and other data gathering to ensure
incidental take levels are not exceeded, and to identify
potential negative impacts and actions, if any, necessary to
mitigate impacts of the temporary operational flexibility to
species listed under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(e) Technical Adjustments to Target Period.--If, before
temporary operational flexibility has been implemented on 56
cumulative days, the Secretaries operate the Central Valley
Project and the State Water Project combined at levels that
result in OMR flows less negative than -7,500 cubic feet per
second during days of temporary operational flexibility as
defined in subsection (c), the duration of such operation
shall not be counted toward the 56 cumulative days specified
in subsection (a).
(f) Emergency Consultation; Effect on Running Averages.--
(1) If necessary to implement the provisions of this
section, the Commissioner is authorized to take any action
necessary to implement this section for up to 56 cumulative
days. If during the 56 cumulative days the Commissioner
determines that actions necessary to implement this section
will exceed 56 days, the Commissioner shall use the emergency
consultation procedures under the Endangered Species Act of
1973 and its implementing regulation at section 402.05 of
title 50, Code of Federal Regulations, to temporarily adjust
the operating criteria under the biological opinions--
(A) solely for extending beyond the 56 cumulative days for
additional days of temporary operational flexibility--
(i) no more than necessary to achieve the purposes of this
section consistent with the environmental protections in
subsections (d) and (e); and
(ii) including, as appropriate, adjustments to ensure that
the actual flow rates during the periods of temporary
operational flexibility do not count toward the 5-day and 14-
day running averages of tidally filtered daily OMR flow
requirements under the biological opinions, or
(B) for other adjustments to operating criteria or to take
other urgent actions to address water supply shortages for
the least amount of time or volume of diversion necessary as
determined by the Commissioner.
(2) Following the conclusion of the 56 cumulative days of
temporary operational flexibility, or the extended number of
days covered by the emergency consultation procedures, the
Commissioner shall not reinitiate consultation on these
adjusted operations, and no mitigation shall be required, if
the effects on listed fish species of these operations under
this section remain within the range of those authorized
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.). If the Commissioner reinitiates consultation, no
mitigation measures shall be required.
(g) Level of Detail Required for Analysis.--In articulating
the determinations required under this section, the
Secretaries shall fully satisfy the requirements herein but
shall not be expected to provide a greater level of
supporting detail for the analysis than feasible to provide
within the short timeframe permitted for timely
decisionmaking in response to changing conditions in the
Delta.
SEC. 1038. EXPEDITING WATER TRANSFERS.
(a) In General.--Section 3405(a) of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat.
4709(a)) is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (4) through (6), respectively;
(2) in the matter preceding paragraph (4) (as so
designated)--
(A) in the first sentence, by striking ``In order to'' and
inserting the following:
``(1) In general.--In order to''; and
(B) in the second sentence, by striking ``Except as
provided herein'' and inserting the following:
``(3) Terms.--Except as otherwise provided in this
section'';
(3) by inserting before paragraph (3) (as so designated)
the following:
``(2) Expedited transfer of water.--The Secretary shall
take all necessary actions to facilitate and expedite
transfers of Central Valley Project water in accordance
with--
``(A) this Act;
``(B) any other applicable provision of the reclamation
laws; and
``(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).'';
(4) in paragraph (4) (as so designated)--
(A) in subparagraph (A), by striking ``to combination'' and
inserting ``or combination''; and
(B) by striking ``3405(a)(2) of this title'' each place it
appears and inserting ``(5)'';
(5) in paragraph (5) (as so designated), by adding at the
end the following:
``(E) The contracting district from which the water is
coming, the agency, or the Secretary shall determine if a
written transfer proposal is complete within 45 days after
the date of submission of the proposal. If the contracting
district or agency or the Secretary determines that the
proposal is incomplete, the district or agency or the
Secretary shall state with specificity what must be added to
or revised for the proposal to be complete.''; and
(6) in paragraph (6) (as so designated), by striking
``3405(a)(1)(A)-(C), (E), (G), (H), (I), (L), and (M) of this
title'' and inserting ``(A) through (C), (E), (G), (H), (I),
(L), and (M) of paragraph (4)''.
(b) Conforming Amendments.--The Central Valley Project
Improvement Act (Public Law 102-575) is amended--
(1) in section 3407(c)(1) (106 Stat. 4726), by striking
``3405(a)(1)(C)'' and inserting ``3405(a)(4)(C)''; and
(2) in section 3408(i)(1) (106 Stat. 4729), by striking
``3405(a)(1) (A) and (J) of this title'' and inserting
``subparagraphs (A) and (J) of section 3405(a)(4)''.
SEC. 1039. ADDITIONAL EMERGENCY CONSULTATION.
For adjustments to operating criteria other than under
section 1038 of this subtitle or to take urgent actions to
address water supply shortages for the least amount of time
or volume of diversion necessary as determined by the
Commissioner of Reclamation, no mitigation measures shall be
required during any year that the Sacramento Valley index is
6.5 or lower, or at the request of the State of California,
and until two succeeding years following either of those
events have been completed where the final Sacramento Valley
Index is 7.8 or greater, and any mitigation measures imposed
must be based on quantitative data and required only to the
extent that such data demonstrates actual harm to species.
SEC. 1040. ADDITIONAL STORAGE AT NEW MELONES.
The Commissioner of Reclamation is directed to work with
local water and irrigation districts in the Stanislaus River
Basin to ascertain the water storage made available by the
Draft Plan of Operations in New Melones Reservoir (DRPO) for
water conservation programs, conjunctive use projects, water
transfers, rescheduled project water and other projects to
maximize water storage and ensure the beneficial use of the
water resources in the Stanislaus River Basin. All such
programs and projects shall be implemented according to all
applicable laws and regulations. The source of water for any
such storage program at New Melones Reservoir shall be made
available under a valid water right, consistent with the
State of California water transfer guidelines and any other
applicable State water law. The Commissioner shall inform the
Congress within 18 months setting forth the amount of storage
made available by the DRPO that has been put to use under
this program, including proposals received by the
Commissioner from interested parties for the purpose of this
section.
SEC. 1041. REGARDING THE OPERATION OF FOLSOM RESERVOIR.
The Secretary of the Interior, in collaboration with the
Sacramento Water Forum, shall expedite evaluation, completion
and implementation of the Modified Lower American River Flow
Management Standard developed by the Water Forum in 2015 to
improve water supply reliability for Central Valley Project
American River water contractors and resource protection in
the lower American River during consecutive dry-years under
current and future demand and climate change conditions.
[[Page H3161]]
SEC. 1042. APPLICANTS.
In the event that the Bureau of Reclamation or another
Federal agency initiates or reinitiates consultation with the
U.S. Fish and Wildlife Service or the National Marine
Fisheries Service under section 7(a)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(a)(2)), with respect to
construction or operation of the Central Valley Project and
State Water Project, or any part thereof, the State Water
Project contractors and the Central Valley Project
contractors will be accorded all the rights and
responsibilities extended to applicants in the consultation
process.
SEC. 1043. SAN JOAQUIN RIVER SETTLEMENT.
(a) California State Law Satisfied by Warm Water Fishery.--
(1) In general.--Sections 5930 through 5948 of the
California Fish and Game Code, and all applicable Federal
laws, including the San Joaquin River Restoration Settlement
Act (Public Law 111-11) and the Stipulation of Settlement
(Natural Resources Defense Council, et al. v. Kirk Rodgers,
et al., Eastern District of California, No. Civ. S-88-1658-
LKK/GGH), shall be satisfied by the existence of a warm water
fishery in the San Joaquin River below Friant Dam, but
upstream of Gravelly Ford.
(2) Definition of warm water fishery.--For the purposes of
this section, the term ``warm water fishery'' means a water
system that has an environment suitable for species of fish
other than salmon (including all subspecies) and trout
(including all subspecies).
(b) Repeal of the San Joaquin River Settlement.--As of the
date of enactment of this section, the Secretary of the
Interior shall cease any action to implement the San Joaquin
River Restoration Settlement Act (subtitle A of title X of
Public Law 111-11) and the Stipulation of Settlement (Natural
Resources Defense Council, et al. v. Kirk Rodgers, et al.,
Eastern District of California, No. Civ. S-88-1658 LKK/GGH).
SEC. 1044. PROGRAM FOR WATER RESCHEDULING.
By December 31, 2015, the Secretary of the Interior shall
develop and implement a program, including rescheduling
guidelines for Shasta and Folsom Reservoirs, to allow
existing Central Valley Project agricultural water service
contractors within the Sacramento River Watershed, and refuge
service and municipal and industrial water service
contractors within the Sacramento River Watershed and the
American River Watershed to reschedule water, provided for
under their Central Valley Project contracts, from one year
to the next; provided, that the program is consistent with
existing rescheduling guidelines as utilized by the Bureau of
Reclamation for rescheduling water for Central Valley Project
water service contractors that are located South of the
Delta.
Subtitle D--CALFED STORAGE FEASIBILITY STUDIES
SEC. 1051. STUDIES.
The Secretary of the Interior, through the Commissioner of
Reclamation, shall--
(1) complete the feasibility studies described in clauses
(i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law
108-361 (118 Stat. 1684) and submit such studies to the
appropriate committees of the House of Representatives and
the Senate not later than December 31, 2015;
(2) complete the feasibility study described in clause
(i)(II) of section 103(d)(1)(A) of Public Law 108-361 and
submit such study to the appropriate committees of the House
of Representatives and the Senate not later than November 30,
2016;
(3) complete a publicly available draft of the feasibility
study described in clause (ii)(I) of section 103(d)(1)(A) of
Public Law 108-361 and submit such study to the appropriate
committees of the House of Representatives and the Senate not
later than November 30, 2016;
(4) complete the feasibility study described in clause
(ii)(I) of section 103(d)(1)(A) of Public Law 108-361 and
submit such study to the appropriate committees of the House
of Representatives and the Senate not later than November 30,
2017;
(5) complete the feasibility study described in section
103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and
submit such study to the appropriate Committees of the House
of Representatives and the Senate not later than December 31,
2017;
(6) provide a progress report on the status of the
feasibility studies referred to in paragraphs (1) through (3)
to the appropriate committees of the House of Representatives
and the Senate not later than 90 days after the date of the
enactment of this Act and each 180 days thereafter until
December 31, 2017, as applicable. The report shall include
timelines for study completion, draft environmental impact
statements, final environmental impact statements, and
Records of Decision;
(7) in conducting any feasibility study under this Act, the
reclamation laws, the Central Valley Project Improvement Act
(title XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and
other applicable law, for the purposes of determining
feasibility the Secretary shall document, delineate, and
publish costs directly relating to the engineering and
construction of a water storage project separately from the
costs resulting from regulatory compliance or the
construction of auxiliary facilities necessary to achieve
regulatory compliance; and
(8) communicate, coordinate and cooperate with public water
agencies that contract with the United States for Central
Valley Project water and that are expected to participate in
the cost pools that will be created for the projects proposed
in the feasibility studies under this section.
SEC. 1052. TEMPERANCE FLAT.
(a) Definitions.--For the purposes of this section:
(1) Project.--The term ``Project'' means the Temperance
Flat Reservoir Project on the Upper San Joaquin River.
(2) RMP.--The term ``RMP'' means the document titled
``Bakersfield Field Office, Record of Decision and Approved
Resource Management Plan,'' dated December 2014.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Applicability of RMP.--The RMP and findings related
thereto shall have no effect on or applicability to the
Secretary's determination of feasibility of, or on any
findings or environmental review documents related to--
(1) the Project; or
(2) actions taken by the Secretary pursuant to section
103(d)(1)(A)(ii)(II) of the Bay-Delta Authorization Act
(title I of Public Law 108-361).
(c) Duties of Secretary Upon Determination of
Feasibility.--If the Secretary finds the Project to be
feasible, the Secretary shall manage the land recommended in
the RMP for designation under the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.) in a manner that does not impede any
environmental reviews, preconstruction, construction, or
other activities of the Project, regardless of whether or not
the Secretary submits any official recommendation to Congress
under the Wild and Scenic Rivers Act.
(d) Reserved Water Rights.--Effective December 22, 2014,
there shall be no Federal reserved water rights to any
segment of the San Joaquin River related to the Project as a
result of any designation made under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 1053. CALFED STORAGE ACCOUNTABILITY.
If the Secretary of the Interior fails to provide the
feasibility studies described in section 1051 to the
appropriate committees of the House of Representatives and
the Senate by the times prescribed, the Secretary shall
notify each committee chair individually in person on the
status of each project once a month until the feasibility
study for that project is provided to Congress.
SEC. 1054. WATER STORAGE PROJECT CONSTRUCTION.
(a) Partnership and Agreements.--The Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation, may partner or enter into an agreement on the
water storage projects identified in section 103(d)(1) of the
Water Supply Reliability and Environmental Improvement Act
(Public Law 108-361) (and Acts supplemental and amendatory to
the Act) with local joint powers authorities formed pursuant
to State law by irrigation districts and other local water
districts and local governments within the applicable
hydrologic region, to advance those projects.
(b) Authorization for Project.--If the Secretary determines
a project described in section 1052(a)(1) and (2) is
feasible, the Secretary is authorized to carry out the
project in a manner that is substantially in accordance with
the recommended plan, and subject to the conditions described
in the feasibility study, provided that no Federal funding
shall be used to construct the project.
Subtitle E--WATER RIGHTS PROTECTIONS
SEC. 1061. OFFSET FOR STATE WATER PROJECT.
(a) Implementation Impacts.--The Secretary of the Interior
shall confer with the California Department of Fish and
Wildlife in connection with the implementation of this Act on
potential impacts to any consistency determination for
operations of the State Water Project issued pursuant to
California Fish and Game Code section 2080.1.
(b) Additional Yield.--If, as a result of the application
of this Act, the California Department of Fish and Wildlife--
(1) revokes the consistency determinations pursuant to
California Fish and Game Code section 2080.1 that are
applicable to the State Water Project;
(2) amends or issues one or more new consistency
determinations pursuant to California Fish and Game Code
section 2080.1 in a manner that directly or indirectly
results in reduced water supply to the State Water Project as
compared with the water supply available under the smelt
biological opinion and the salmonid biological opinion; or
(3) requires take authorization under California Fish and
Game Code section 2081 for operation of the State Water
Project in a manner that directly or indirectly results in
reduced water supply to the State Water Project as compared
with the water supply available under the smelt biological
opinion and the salmonid biological opinion, and as a
consequence of the Department's action, Central Valley
Project yield is greater than it would have been absent the
Department's actions, then that additional yield shall be
made available to the State Water Project for delivery to
State Water Project contractors to offset losses resulting
from the Department's action.
(c) Notification Related to Environmental Protections.--The
Secretary of the Interior shall immediately notify the
Director of the California Department of Fish and Wildlife in
writing if the Secretary of the Interior determines that
implementation of the smelt biological opinion and the
salmonid biological opinion consistent with this Act reduces
environmental protections for any species covered by the
opinions.
SEC. 1062. AREA OF ORIGIN PROTECTIONS.
(a) In General.--The Secretary of the Interior is directed,
in the operation of the Central Valley Project, to adhere to
California's water rights laws governing water rights
priorities and to honor water rights senior to those held by
the United States for operation of the Central Valley
Project, regardless of the source of priority, including any
appropriative water rights initiated prior to December 19,
1914, as well as water
[[Page H3162]]
rights and other priorities perfected or to be perfected
pursuant to California Water Code Part 2 of Division 2.
Article 1.7 (commencing with section 1215 of chapter 1 of
part 2 of division 2, sections 10505, 10505.5, 11128, 11460,
11461, 11462, and 11463, and sections 12200 to 12220,
inclusive).
(b) Diversions.--Any action undertaken by the Secretary of
the Interior and the Secretary of Commerce pursuant to both
this Act and section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) that requires that diversions from
the Sacramento River or the San Joaquin River watersheds
upstream of the Delta be bypassed shall not be undertaken in
a manner that alters the water rights priorities established
by California law.
(c) Endangered Species Act.--Nothing in this subtitle
alters the existing authorities provided to and obligations
placed upon the Federal Government under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended.
(d) Contracts.--With respect to individuals and entities
with water rights on the Sacramento River, the mandates of
this section may be met, in whole or in part, through a
contract with the Secretary of the Interior executed pursuant
to section 14 of Public Law 76-260; 53 Stat. 1187 (43 U.S.C.
389) that is in conformance with the Sacramento River
Settlement Contracts renewed by the Secretary of the Interior
in 2005.
SEC. 1063. NO REDIRECTED ADVERSE IMPACTS.
(a) In General.--The Secretary of the Interior shall ensure
that, except as otherwise provided for in a water service or
repayment contract, actions taken in compliance with legal
obligations imposed pursuant to or as a result of this Act,
including such actions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and other
applicable Federal and State laws, shall not directly or
indirectly--
(1) result in the involuntary reduction of water supply or
fiscal impacts to individuals or districts who receive water
from either the State Water Project or the United States
under water rights settlement contracts, exchange contracts,
water service contracts, repayment contracts, or water supply
contracts; or
(2) cause redirected adverse water supply or fiscal impacts
to those within the Sacramento River watershed, the San
Joaquin River watershed or the State Water Project service
area.
(b) Costs.--To the extent that costs are incurred solely
pursuant to or as a result of this Act and would not
otherwise have been incurred by any entity or public or local
agency or subdivision of the State of California, such costs
shall not be borne by any such entity, agency, or subdivision
of the State of California, unless such costs are incurred on
a voluntary basis.
(c) Rights and Obligations Not Modified or Amended.--
Nothing in this Act shall modify or amend the rights and
obligations of the parties to any existing--
(1) water service, repayment, settlement, purchase, or
exchange contract with the United States, including the
obligation to satisfy exchange contracts and settlement
contracts prior to the allocation of any other Central Valley
Project water; or
(2) State Water Project water supply or settlement contract
with the State.
SEC. 1064. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.
(a) Allocations.--
(1) In general.--Subject to paragraph (2) and subsection
(b), the Secretary of the Interior is directed, in the
operation of the Central Valley Project, to allocate water
provided for irrigation purposes to existing Central Valley
Project agricultural water service contractors within the
Sacramento River Watershed in compliance with the following:
(A) Not less than 100 percent of their contract quantities
in a ``Wet'' year.
(B) Not less than 100 percent of their contract quantities
in an ``Above Normal'' year.
(C) Not less than 100 percent of their contract quantities
in a ``Below Normal'' year that is preceded by an ``Above
Normal'' or a ``Wet'' year.
(D) Not less than 50 percent of their contract quantities
in a ``Dry'' year that is preceded by a ``Below Normal,'' an
``Above Normal,'' or a ``Wet'' year.
(E) In all other years not identified herein, the
allocation percentage for existing Central Valley Project
agricultural water service contractors within the Sacramento
River Watershed shall not be less than twice the allocation
percentage to south-of-Delta Central Valley Project
agricultural water service contractors, up to 100 percent;
provided, that nothing herein shall preclude an allocation to
existing Central Valley Project agricultural water service
contractors within the Sacramento River Watershed that is
greater than twice the allocation percentage to south-of-
Delta Central Valley Project agricultural water service
contractors.
(2) Conditions.--The Secretary's actions under paragraph
(a) shall be subject to--
(A) the priority of individuals or entities with Sacramento
River water rights, including those with Sacramento River
Settlement Contracts, that have priority to the diversion and
use of Sacramento River water over water rights held by the
United States for operations of the Central Valley Project;
(B) the United States obligation to make a substitute
supply of water available to the San Joaquin River Exchange
Contractors; and
(C) the Secretary's obligation to make water available to
managed wetlands pursuant to section 3406(d) of the Central
Valley Project Improvement Act (Public Law 102-575).
(b) Protection of Municipal and Industrial Supplies.--
Nothing in subsection (a) shall be deemed to--
(1) modify any provision of a water service contract that
addresses municipal and industrial water shortage policies of
the Secretary;
(2) affect or limit the authority of the Secretary to adopt
or modify municipal and industrial water shortage policies;
(3) affect or limit the authority of the Secretary to
implement municipal and industrial water shortage policies;
or
(4) affect allocations to Central Valley Project municipal
and industrial contractors pursuant to such policies.
Neither subsection (a) nor the Secretary's implementation of
subsection (a) shall constrain, govern or affect, directly,
the operations of the Central Valley Project's American River
Division or any deliveries from that Division, its units or
facilities.
(c) No Effect on Allocations.--This section shall not--
(1) affect the allocation of water to Friant Division
contractors; or
(2) result in the involuntary reduction in contract water
allocations to individuals or entities with contracts to
receive water from the Friant Division.
(d) Program for Water Rescheduling.--The Secretary of the
Interior shall develop and implement a program, not later
than 1 year after the date of the enactment of this Act, to
provide for the opportunity for existing Central Valley
Project agricultural water service contractors within the
Sacramento River Watershed to reschedule water, provided for
under their Central Valley Project water service contracts,
from one year to the next.
(e) Definitions.--In this section:
(1) The term ``existing Central Valley Project agricultural
water service contractors within the Sacramento River
Watershed'' means water service contractors within the
Shasta, Trinity, and Sacramento River Divisions of the
Central Valley Project, that have a water service contract in
effect, on the date of the enactment of this section, that
provides water for irrigation.
(2) The year type terms used in subsection (a) have the
meaning given those year types in the Sacramento Valley Water
Year Type (40-30-30) Index.
SEC. 1065. EFFECT ON EXISTING OBLIGATIONS.
Nothing in this Act preempts or modifies any existing
obligation of the United States under Federal reclamation law
to operate the Central Valley Project in conformity with
State law, including established water rights priorities.
Subtitle F--MISCELLANEOUS
SEC. 1071. AUTHORIZED SERVICE AREA.
(a) In General.--The authorized service area of the Central
Valley Project authorized under the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4706) shall
include the area within the boundaries of the Kettleman City
Community Services District, California, as in existence on
the date of enactment of this Act.
(b) Long-Term Contract.--
(1) In general.--Notwithstanding the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4706) and
subject to paragraph (2), the Secretary of the Interior, in
accordance with the Federal reclamation laws, shall enter
into a long-term contract with the Kettleman City Community
Services District, California, under terms and conditions
mutually agreeable to the parties, for the delivery of up to
900 acre-feet of Central Valley Project water for municipal
and industrial use.
(2) Limitation.--Central Valley Project water deliveries
authorized under the contract entered into under paragraph
(1) shall be limited to the minimal quantity necessary to
meet the immediate needs of the Kettleman City Community
Services District, California, in the event that local
supplies or State Water Project allocations are insufficient
to meet those needs.
(c) Permit.--The Secretary shall apply for a permit with
the State for a joint place of use for water deliveries
authorized under the contract entered into under subsection
(b) with respect to the expanded service area under
subsection (a), consistent with State law.
(d) Additional Costs.--If any additional infrastructure,
water treatment, or related costs are needed to implement
this section, those costs shall be the responsibility of the
non-Federal entity.
SEC. 1072. OVERSIGHT BOARD FOR RESTORATION FUND.
(a) Plan; Advisory Board.--Section 3407 of the Central
Valley Project Improvement Act (Public Law 102-575; 106 Stat.
4726) is amended by adding at the end the following:
``(g) Plan on Expenditure of Funds.--
``(1) In general.--For each fiscal year, the Secretary, in
consultation with the Advisory Board, shall submit to
Congress a plan for the expenditure of all of the funds
deposited into the Restoration Fund during the preceding
fiscal year.
``(2) Contents.--The plan shall include an analysis of the
cost-effectiveness of each expenditure.
``(h) Advisory Board.--
``(1) Establishment.--There is established the Restoration
Fund Advisory Board (referred to in this section as the
`Advisory Board'), which shall be composed of 11 members
appointed by the Secretary.
``(2) Membership.--
``(A) In general.--The Secretary shall appoint members to
the Advisory Board that represent the various Central Valley
Project stakeholders, of whom--
``(i) 4 members shall be agricultural users of the Central
Valley Project, including at least one agricultural user from
north-of-the-Delta and one agricultural user from south-of-
the-Delta;
``(ii) 2 members shall be municipal and industrial users of
the Central Valley Project, including one municipal and
industrial user from north-of-the-Delta and one municipal and
industrial user from south-of-the-Delta;
``(iii) 2 members shall be power contractors of the Central
Valley Project, including at least
[[Page H3163]]
one power contractor from north-of-the-Delta and from south-
of-the-Delta;
``(iv) 1 member shall be a representative of a Federal
national wildlife refuge that contracts for Central Valley
Project water supplies with the Bureau of Reclamation;
``(v) 1 member shall have expertise in the economic impacts
of the changes to water operations; and
``(vi) 1 member shall be a representative of a wildlife
entity that primarily focuses on waterfowl.
``(B) Observer.--The Secretary and the Secretary of
Commerce may each designate a representative to act as an
observer of the Advisory Board.
``(C) Chair.--The Secretary shall appoint 1 of the members
described in subparagraph (A) to serve as Chair of the
Advisory Board.
``(3) Terms.--The term of each member of the Advisory Board
shall be 4 years.
``(4) Date of appointments.--The appointment of a member of
the Panel shall be made not later than--
``(A) the date that is 120 days after the date of enactment
of this Act; or
``(B) in the case of a vacancy on the Panel described in
subsection (c)(2), the date that is 120 days after the date
on which the vacancy occurs.
``(5) Vacancies.--
``(A) In general.--A vacancy on the Panel shall be filled
in the manner in which the original appointment was made and
shall be subject to any conditions that applied with respect
to the original appointment.
``(B) Filling unexpired term.--An individual chosen to fill
a vacancy shall be appointed for the unexpired term of the
member replaced.
``(C) Expiration of terms.--The term of any member shall
not expire before the date on which the successor of the
member takes office.
``(6) Removal.--A member of the Panel may be removed from
office by the Secretary of the Interior.
``(7) Federal advisory committee act.--The Panel shall not
be subject to the requirements of the Federal Advisory
Committee Act.
``(8) Duties.--The duties of the Advisory Board are--
``(A) to meet not less frequently than semiannually to
develop and make recommendations to the Secretary regarding
priorities and spending levels on projects and programs
carried out under this title;
``(B) to ensure that any advice given or recommendation
made by the Advisory Board reflects the independent judgment
of the Advisory Board;
``(C) not later than December 31, 2015, and annually
thereafter, to submit to the Secretary and Congress the
recommendations under subparagraph (A); and
``(D) not later than December 31, 2015, and biennially
thereafter, to submit to Congress details of the progress
made in achieving the actions required under section 3406.
``(9) Administration.--With the consent of the appropriate
agency head, the Advisory Board may use the facilities and
services of any Federal agency.
``(10) Cooperation and assistance.--
``(A) Provision of information.--Upon request of the Panel
Chair for information or assistance to facilitate carrying
out this section, the Secretary of the Interior shall
promptly provide such information, unless otherwise
prohibited by law.
``(B) Space and assistance.--The Secretary of the Interior
shall provide the Panel with appropriate and adequate office
space, together with such equipment, office supplies, and
communications facilities and services as may be necessary
for the operation of the Panel, and shall provide necessary
maintenance services for such offices and the equipment and
facilities located therein.''.
SEC. 1073. WATER SUPPLY ACCOUNTING.
(a) In General.--All Central Valley Project water, except
Central Valley Project water released pursuant to U.S.
Department of the Interior Record of Decision, Trinity River
Mainstem Fishery Restoration Final Environmental Impact
Statement/Environmental Impact Report dated December 2000
used to implement an action undertaken for a fishery
beneficial purpose that was not imposed by terms and
conditions existing in licenses, permits, and other
agreements pertaining to the Central Valley Project under
applicable State or Federal law existing on October 30, 1992,
shall be credited to the quantity of Central Valley Project
yield dedicated and managed under this section; provided,
that nothing herein shall affect the Secretary of the
Interior's duty to comply with any otherwise lawful
requirement imposed on operations of the Central Valley
Project under any provision of Federal or State law.
(b) Reclamation Policies and Allocations.--Reclamation
policies and allocations shall not be based upon any premise
or assumption that Central Valley Project contract supplies
are supplemental or secondary to any other contractor source
of supply.
SEC. 1074. IMPLEMENTATION OF WATER REPLACEMENT PLAN.
(a) In General.--Not later than October 1, 2016, the
Secretary of the Interior shall update and implement the plan
required by section 3408(j) of title XXXIV of Public Law 102-
575. The Secretary shall notify the Congress annually
describing the progress of implementing the plan required by
section 3408(j) of title XXXIV of Public Law 102-575.
(b) Potential Amendment.--If the plan required in
subsection (a) has not increased the Central Valley Project
yield by 800,000 acre-feet within 5 years after the enactment
of this Act, then section 3406 of the Central Valley Project
Improvement Act (title XXXIV of Public Law 102-575) is
amended as follows:
(1) In subsection (b)--
(A) by amending paragraph (2)(C) to read:
``(C) If by March 15, 2021, and any year thereafter the
quantity of Central Valley Project water forecasted to be
made available to all water service or repayment contractors
of the Central Valley Project is below 50 percent of the
total quantity of water to be made available under said
contracts, the quantity of Central Valley Project yield
dedicated and managed for that year under this paragraph
shall be reduced by 25 percent.''.
SEC. 1075. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.
After the date of the enactment of this title, and
regardless of the date of listing, the Secretaries of the
Interior and Commerce shall not distinguish between natural-
spawned and hatchery-spawned or otherwise artificially
propagated strains of a species in making any determination
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) that relates to any anadromous or pelagic fish species
that resides for all or a portion of its life in the
Sacramento-San Joaquin Delta or rivers tributary thereto.
SEC. 1076. TRANSFER THE NEW MELONES UNIT, CENTRAL VALLEY
PROJECT TO INTERESTED PROVIDERS.
(a) Definitions.--For the purposes of this section, the
following terms apply:
(1) Interested local water and power providers.--The term
``interested local water and power providers'' includes the
Calaveras County Water District, Calaveras Public Power
Agency, Central San Joaquin Water Conservation District,
Oakdale Irrigation District, Stockton East Water District,
South San Joaquin Irrigation District, Tuolumne Utilities
District, Tuolumne Public Power Agency, and Union Public
Utilities District.
(2) New melones unit, central valley project.--The term
``New Melones Unit, Central Valley Project'' means all
Federal reclamation projects located within or diverting
water from or to the watershed of the Stanislaus and San
Joaquin rivers and their tributaries as authorized by the Act
of August 26, 1937 (50 Stat. 850), and all Acts amendatory or
supplemental thereto, including the Act of October 23, 1962
(76 Stat. 1173).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Negotiations.--Notwithstanding any other provision of
law, not later than 180 days after the date of the enactment
of this Act, the Secretary shall enter into negotiations with
interested local water and power providers for the transfer
ownership, control, and operation of the New Melones Unit,
Central Valley Project to interested local water and power
providers within the State of California.
(c) Transfer.--The Secretary shall transfer the New Melones
Unit, Central Valley Project in accordance with an agreement
reached pursuant to negotiations conducted under subsection
(b).
(d) Notification.--Not later than 360 days after the date
of the enactment of this Act, and every 6 months thereafter,
the Secretary shall notify the appropriate committees of the
House of Representatives and the Senate--
(1) if an agreement is reached pursuant to negotiations
conducted under subsection (b), the terms of that agreement;
(2) of the status of formal discussions with interested
local water and power providers for the transfer of
ownership, control, and operation of the New Melones Unit,
Central Valley Project to interested local water and power
providers;
(3) of all unresolved issues that are preventing execution
of an agreement for the transfer of ownership, control, and
operation of the New Melones Unit, Central Valley Project to
interested local water and power providers;
(4) on analysis and review of studies, reports,
discussions, hearing transcripts, negotiations, and other
information about past and present formal discussions that--
(A) have a serious impact on the progress of the formal
discussions;
(B) explain or provide information about the issues that
prevent progress or finalization of formal discussions; or
(C) are, in whole or in part, preventing execution of an
agreement for the transfer; and
(5) of any actions the Secretary recommends that the United
States should take to finalize an agreement for that
transfer.
SEC. 1077. BASIN STUDIES.
(a) Authorized Studies.--The Secretary of the Interior is
authorized and directed to expand opportunities and expedite
completion of assessments under section 9503(b) of the SECURE
Water Act (42 U.S.C. 10363(b)), with non-Federal partners, of
individual sub-basins and watersheds within major Reclamation
river basins; and shall ensure timely decision and expedited
implementation of adaptation and mitigation strategies
developed through the special study process.
(b) Funding.--
(1) In general.--The non-Federal partners shall be
responsible for 100 percent of the cost of the special
studies.
(2) Contributed funds.--The Secretary may accept and use
contributions of funds from the non-Federal partners to carry
out activities under the special studies.
SEC. 1078. OPERATIONS OF THE TRINITY RIVER DIVISION.
The Secretary of the Interior, in the operation of the
Trinity River Division of the Central Valley Project, shall
not make releases from Lewiston Dam in excess of the volume
for each water-year type required by the U.S. Department of
the Interior Record of Decision, Trinity River Mainstem
Fishery Restoration Final Environmental Impact Statement/
Environmental Impact Report dated December 2000.
(1) A maximum of 369,000 acre-feet in a ``Critically Dry''
year.
[[Page H3164]]
(2) A maximum of 453,000 acre-feet in a ``Dry'' year.
(3) A maximum of 647,000 acre-feet in a ``Normal'' year.
(4) A maximum of 701,000 acre-feet in a ``Wet'' year.
(5) A maximum of 815,000 acre-feet in an ``Extremely Wet''
year.
SEC. 1079. AMENDMENT TO PURPOSES.
Section 3402 of the Central Valley Project Improvement Act
(106 Stat. 4706) is amended--
(1) in subsection (f), by striking the period at the end;
and
(2) by adding at the end the following:
``(g) to ensure that water dedicated to fish and wildlife
purposes by this title is replaced and provided to Central
Valley Project water contractors by December 31, 2018, at the
lowest cost reasonably achievable; and
``(h) to facilitate and expedite water transfers in
accordance with this Act.''.
SEC. 1080. AMENDMENT TO DEFINITION.
Section 3403 of the Central Valley Project Improvement Act
(106 Stat. 4707) is amended--
(1) by amending subsection (a) to read as follows:
``(a) the term `anadromous fish' means those native stocks
of salmon (including steelhead) and sturgeon that, as of
October 30, 1992, were present in the Sacramento and San
Joaquin Rivers and their tributaries and ascend those rivers
and their tributaries to reproduce after maturing in San
Francisco Bay or the Pacific Ocean;'';
(2) in subsection (l), by striking ``and,'';
(3) in subsection (m), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(n) the term `reasonable flow' means water flows capable
of being maintained taking into account competing consumptive
uses of water and economic, environmental, and social
factors.''.
SEC. 1081. REPORT ON RESULTS OF WATER USAGE.
The Secretary of the Interior, in consultation with the
Secretary of Commerce and the Secretary of Natural Resources
of the State of California, shall publish an annual report
detailing instream flow releases from the Central Valley
Project and California State Water Project, their explicit
purpose and authority, and all measured environmental benefit
as a result of the releases.
SEC. 1082. KLAMATH PROJECT CONSULTATION APPLICANTS.
If the Bureau of Reclamation initiates or reinitiates
consultation with the U.S. Fish and Wildlife Service or the
National Marine Fisheries Service under section 7(a)(2) of
the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)),
with respect to construction or operation of the Klamath
Project (or any part thereof), Klamath Project contractors
shall be accorded all the rights and responsibilities
extended to applicants in the consultation process. Upon
request of the Klamath Project contractors, they may be
represented through an association or organization.
Subtitle G--Water Supply Permitting Act
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Water Supply Permitting
Coordination Act''.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(3) Qualifying projects.--The term ``qualifying projects''
means new surface water storage projects in the States
covered under the Act of June 17, 1902 (32 Stat. 388, chapter
1093), and Acts supplemental to and amendatory of that Act
(43 U.S.C. 371 et seq.) constructed on lands administered by
the Department of the Interior or the Department of
Agriculture, exclusive of any easement, right-of-way, lease,
or any private holding.
(4) Cooperating agencies.--The term ``cooperating agency''
means a Federal agency with jurisdiction over a review,
analysis, opinion, statement, permit, license, or other
approval or decision required for a qualifying project under
applicable Federal laws and regulations, or a State agency
subject to section 1093(c).
SEC. 1093. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING
AGENCIES.
(a) Establishment of Lead Agency.--The Bureau of
Reclamation is established as the lead agency for purposes of
coordinating all reviews, analyses, opinions, statements,
permits, licenses, or other approvals or decisions required
under Federal law to construct qualifying projects.
(b) Identification and Establishment of Cooperating
Agencies.--The Commissioner of the Bureau shall--
(1) identify, as early as practicable upon receipt of an
application for a qualifying project, any Federal agency that
may have jurisdiction over a review, analysis, opinion,
statement, permit, license, approval, or decision required
for a qualifying project under applicable Federal laws and
regulations; and
(2) notify any such agency, within a reasonable timeframe,
that the agency has been designated as a cooperating agency
in regards to the qualifying project unless that agency
responds to the Bureau in writing, within a timeframe set
forth by the Bureau, notifying the Bureau that the agency--
(A) has no jurisdiction or authority with respect to the
qualifying project;
(B) has no expertise or information relevant to the
qualifying project or any review, analysis, opinion,
statement, permit, license, or other approval or decision
associated therewith; or
(C) does not intend to submit comments on the qualifying
project or conduct any review of such a project or make any
decision with respect to such project in a manner other than
in cooperation with the Bureau.
(c) State Authority.--A State in which a qualifying project
is being considered may choose, consistent with State law--
(1) to participate as a cooperating agency; and
(2) to make subject to the processes of this subtitle all
State agencies that--
(A) have jurisdiction over the qualifying project;
(B) are required to conduct or issue a review, analysis, or
opinion for the qualifying project; or
(C) are required to make a determination on issuing a
permit, license, or approval for the qualifying project.
SEC. 1094. BUREAU RESPONSIBILITIES.
(a) In General.--The principal responsibilities of the
Bureau under this subtitle are to--
(1) serve as the point of contact for applicants, State
agencies, Indian tribes, and others regarding proposed
qualifying projects;
(2) coordinate preparation of unified environmental
documentation that will serve as the basis for all Federal
decisions necessary to authorize the use of Federal lands for
qualifying projects; and
(3) coordinate all Federal agency reviews necessary for
project development and construction of qualifying projects.
(b) Coordination Process.--The Bureau shall have the
following coordination responsibilities:
(1) Pre-application coordination.--Notify cooperating
agencies of proposed qualifying projects not later than 30
days after receipt of a proposal and facilitate a
preapplication meeting for prospective applicants, relevant
Federal and State agencies, and Indian tribes to--
(A) explain applicable processes, data requirements, and
applicant submissions necessary to complete the required
Federal agency reviews within the timeframe established; and
(B) establish the schedule for the qualifying project.
(2) Consultation with cooperating agencies.--Consult with
the cooperating agencies throughout the Federal agency review
process, identify and obtain relevant data in a timely
manner, and set necessary deadlines for cooperating agencies.
(3) Schedule.--Work with the qualifying project applicant
and cooperating agencies to establish a project schedule. In
establishing the schedule, the Bureau shall consider, among
other factors--
(A) the responsibilities of cooperating agencies under
applicable laws and regulations;
(B) the resources available to the cooperating agencies and
the non-Federal qualifying project sponsor, as applicable;
(C) the overall size and complexity of the qualifying
project;
(D) the overall schedule for and cost of the qualifying
project; and
(E) the sensitivity of the natural and historic resources
that may be affected by the qualifying project.
(4) Environmental compliance.--Prepare a unified
environmental review document for each qualifying project
application, incorporating a single environmental record on
which all cooperating agencies with authority to issue
approvals for a given qualifying project shall base project
approval decisions. Help ensure that cooperating agencies
make necessary decisions, within their respective
authorities, regarding Federal approvals in accordance with
the following timelines:
(A) Not later than one year after acceptance of a completed
project application when an environmental assessment and
finding of no significant impact is determined to be the
appropriate level of review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Not later than one year and 30 days after the close of
the public comment period for a draft environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), when an environmental impact
statement is required under the same.
(5) Consolidated administrative record.--Maintain a
consolidated administrative record of the information
assembled and used by the cooperating agencies as the basis
for agency decisions.
(6) Project data records.--To the extent practicable and
consistent with Federal law, ensure that all project data is
submitted and maintained in generally accessible electronic
format, compile, and where authorized under existing law,
make available such project data to cooperating agencies, the
qualifying project applicant, and to the public.
(7) Project manager.--Appoint a project manager for each
qualifying project. The project manager shall have authority
to oversee the project and to facilitate the issuance of the
relevant final authorizing documents, and shall be
responsible for ensuring fulfillment of all Bureau
responsibilities set forth in this section and all
cooperating agency responsibilities under section 1095.
SEC. 1095. COOPERATING AGENCY RESPONSIBILITIES.
(a) Adherence to Bureau Schedule.--Upon notification of an
application for a qualifying project, all cooperating
agencies shall submit to the Bureau a timeframe under which
the cooperating agency reasonably considers it will be able
to complete its authorizing responsibilities. The Bureau
shall use the timeframe submitted under this subsection to
establish the project schedule under section 1094, and the
cooperating agencies shall adhere to the project schedule
established by the Bureau.
(b) Environmental Record.--Cooperating agencies shall
submit to the Bureau all environmental review material
produced or compiled in the course of carrying out activities
required
[[Page H3165]]
under Federal law consistent with the project schedule
established by the Bureau.
(c) Data Submission.--To the extent practicable and
consistent with Federal law, the cooperating agencies shall
submit all relevant project data to the Bureau in a generally
accessible electronic format subject to the project schedule
set forth by the Bureau.
SEC. 1096. FUNDING TO PROCESS PERMITS.
(a) In General.--The Secretary, after public notice in
accordance with the Administrative Procedures Act (5 U.S.C.
553), may accept and expend funds contributed by a non-
Federal public entity to expedite the evaluation of a permit
of that entity related to a qualifying project.
(b) Effect on Permitting.--
(1) In general.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted under
subsection (a) will not impact impartial decisionmaking with
respect to permits, either substantively or procedurally.
(2) Evaluation of permits.--In carrying out this section,
the Secretary shall ensure that the evaluation of permits
carried out using funds accepted under this section shall--
(A) be reviewed by the Regional Director of the Bureau, or
the Regional Director's designee, of the region in which the
qualifying project or activity is located; and
(B) use the same procedures for decisions that would
otherwise be required for the evaluation of permits for
similar projects or activities not carried out using funds
authorized under this section.
(3) Impartial decisionmaking.--In carrying out this
section, the Secretary and the cooperating agencies receiving
funds under this section for qualifying projects shall ensure
that the use of the funds accepted under this section for
such projects shall not--
(A) impact impartial decisionmaking with respect to the
issuance of permits, either substantively or procedurally; or
(B) diminish, modify, or otherwise affect the statutory or
regulatory authorities of such agencies.
(c) Limitation on Use of Funds.--None of the funds accepted
under this section shall be used to carry out a review of the
evaluation of permits required under subsection (b)(2)(A).
(d) Public Availability.--The Secretary shall ensure that
all final permit decisions carried out using funds authorized
under this section are made available to the public,
including on the Internet.
Subtitle H--Bureau of Reclamation Project Streamlining
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the ``Bureau of Reclamation
Project Streamlining Act''.
SEC. 1102. DEFINITIONS.
In this subtitle:
(1) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts of a project required to
be prepared pursuant to the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Environmental review process.--
(A) In general.--The term ``environmental review process''
means the process of preparing an environmental impact
statement, environmental assessment, categorical exclusion,
or other document under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for a project study.
(B) Inclusions.--The term ``environmental review process''
includes the process for and completion of any environmental
permit, approval, review, or study required for a project
study under any Federal law other than the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3) Federal jurisdictional agency.--The term ``Federal
jurisdictional agency'' means a Federal agency with
jurisdiction delegated by law, regulation, order, or
otherwise over a review, analysis, opinion, statement,
permit, license, or other approval or decision required for a
project study under applicable Federal laws (including
regulations).
(4) Federal lead agency.--The term ``Federal lead agency''
means the Bureau of Reclamation.
(5) Project.--The term ``project'' means a surface water
project, a project under the purview of title XVI of Public
Law 102-575, or a rural water supply project investigated
under Public Law 109-451 to be carried out, funded or
operated in whole or in party by the Secretary pursuant to
the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and
Acts supplemental to and amendatory of that Act (43 U.S.C.
371 et seq.).
(6) Project sponsor.--The term ``project sponsor'' means a
State, regional, or local authority or instrumentality or
other qualifying entity, such as a water conservation
district, irrigation district, water conservancy district,
joint powers authority, mutual water company, canal company,
rural water district or association, or any other entity that
has the capacity to contract with the United States under
Federal reclamation law.
(7) Project study.--The term ``project study'' means a
feasibility study for a project carried out pursuant to the
Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Surface water storage.--The term ``surface water
storage'' means any surface water reservoir or impoundment
that would be owned, funded or operated in whole or in part
by the Bureau of Reclamation or that would be integrated into
a larger system owned, operated or administered in whole or
in part by the Bureau of Reclamation.
SEC. 1103. ACCELERATION OF STUDIES.
(a) In General.--To the extent practicable, a project study
initiated by the Secretary, after the date of enactment of
this Act, under the Reclamation Act of 1902 (32 Stat. 388),
and all Acts amendatory thereof or supplementary thereto,
shall--
(1) result in the completion of a final feasibility report
not later than 3 years after the date of initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the local project area,
region, and headquarters levels of the Bureau of Reclamation
concurrently conduct the review required under this section.
(b) Extension.--If the Secretary determines that a project
study described in subsection (a) will not be conducted in
accordance with subsection (a), the Secretary, not later than
30 days after the date of making the determination, shall--
(1) prepare an updated project study schedule and cost
estimate;
(2) notify the non-Federal project cost-sharing partner
that the project study has been delayed; and
(3) provide written notice to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate as to the
reasons the requirements of subsection (a) are not
attainable.
(c) Exception.--
(1) In general.--Notwithstanding the requirements of
subsection (a), the Secretary may extend the timeline of a
project study by a period not to exceed 3 years, if the
Secretary determines that the project study is too complex to
comply with the requirements of subsection (a).
(2) Factors.--In making a determination that a study is too
complex to comply with the requirements of subsection (a),
the Secretary shall consider--
(A) the type, size, location, scope, and overall cost of
the project;
(B) whether the project will use any innovative design or
construction techniques;
(C) whether the project will require significant action by
other Federal, State, or local agencies;
(D) whether there is significant public dispute as to the
nature or effects of the project; and
(E) whether there is significant public dispute as to the
economic or environmental costs or benefits of the project.
(3) Notification.--Each time the Secretary makes a
determination under this subsection, the Secretary shall
provide written notice to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate as to the results of that
determination, including an identification of the specific
one or more factors used in making the determination that the
project is complex.
(4) Limitation.--The Secretary shall not extend the
timeline for a project study for a period of more than 7
years, and any project study that is not completed before
that date shall no longer be authorized.
(d) Reviews.--Not later than 90 days after the date of the
initiation of a project study described in subsection (a),
the Secretary shall--
(1) take all steps necessary to initiate the process for
completing federally mandated reviews that the Secretary is
required to complete as part of the study, including the
environmental review process under section 1105;
(2) convene a meeting of all Federal, tribal, and State
agencies identified under section 1105(d) that may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a review,
analysis, opinion, or statement for the project study; or
(C) be required to make a determination on issuing a
permit, license, or other approval or decision for the
project study; and
(3) take all steps necessary to provide information that
will enable required reviews and analyses related to the
project to be conducted by other agencies in a thorough and
timely manner.
(e) Interim Report.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate and make publicly available a report
that describes--
(1) the status of the implementation of the planning
process under this section, including the number of
participating projects;
(2) a review of project delivery schedules, including a
description of any delays on those studies initiated prior to
the date of the enactment of this Act; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the project.
(f) Final Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate and make publicly available a report
that describes--
(1) the status of the implementation of this section,
including a description of each project study subject to the
requirements of this section;
(2) the amount of time taken to complete each project
study; and
(3) any recommendations for additional authority necessary
to support efforts to expedite the project study process,
including an analysis of whether the limitation established
by subsection (a)(2) needs to be adjusted to address the
impacts of inflation.
SEC. 1104. EXPEDITED COMPLETION OF REPORTS.
The Secretary shall--
(1) expedite the completion of any ongoing project study
initiated before the date of enactment of this Act; and
(2) if the Secretary determines that the project is
justified in a completed report, proceed directly to
preconstruction planning, engineering,
[[Page H3166]]
and design of the project in accordance with the Reclamation
Act of 1902 (32 Stat. 388), and all Acts amendatory thereof
or supplementary thereto.
SEC. 1105. PROJECT ACCELERATION.
(a) Applicability.--
(1) In general.--This section shall apply to--
(A) each project study that is initiated after the date of
enactment of this Act and for which an environmental impact
statement is prepared under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
(B) the extent determined appropriate by the Secretary, to
other project studies initiated before the date of enactment
of this Act and for which an environmental review process
document is prepared under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(C) any project study for the development of a non-
federally owned and operated surface water storage project
for which the Secretary determines there is a demonstrable
Federal interest and the project--
(i) is located in a river basin where other Bureau of
Reclamation water projects are located;
(ii) will create additional water supplies that support
Bureau of Reclamation water projects; or
(iii) will become integrated into the operation of Bureau
of Reclamation water projects.
(2) Flexibility.--Any authority granted under this section
may be exercised, and any requirement established under this
section may be satisfied, for the conduct of an environmental
review process for a project study, a class of project
studies, or a program of project studies.
(3) List of project studies.--
(A) In general.--The Secretary shall annually prepare, and
make publicly available, a list of all project studies that
the Secretary has determined--
(i) meets the standards described in paragraph (1); and
(ii) does not have adequate funding to make substantial
progress toward the completion of the project study.
(B) Inclusions.--The Secretary shall include for each
project study on the list under subparagraph (A) a
description of the estimated amounts necessary to make
substantial progress on the project study.
(b) Project Review Process.--
(1) In general.--The Secretary shall develop and implement
a coordinated environmental review process for the
development of project studies.
(2) Coordinated review.--The coordinated environmental
review process described in paragraph (1) shall require that
any review, analysis, opinion, statement, permit, license, or
other approval or decision issued or made by a Federal,
State, or local governmental agency or an Indian tribe for a
project study described in subsection (b) be conducted, to
the maximum extent practicable, concurrently with any other
applicable governmental agency or Indian tribe.
(3) Timing.--The coordinated environmental review process
under this subsection shall be completed not later than the
date on which the Secretary, in consultation and concurrence
with the agencies identified under section 1105(d),
establishes with respect to the project study.
(c) Lead Agencies.--
(1) Joint lead agencies.--
(A) In general.--Subject to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the requirements of section 1506.8 of title 40,
Code of Federal Regulations (or successor regulations),
including the concurrence of the proposed joint lead agency,
a project sponsor may serve as the joint lead agency.
(B) Project sponsor as joint lead agency.--A project
sponsor that is a State or local governmental entity may--
(i) with the concurrence of the Secretary, serve as a joint
lead agency with the Federal lead agency for purposes of
preparing any environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(ii) prepare any environmental review process document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) required in support of any action or
approval by the Secretary if--
(I) the Secretary provides guidance in the preparation
process and independently evaluates that document;
(II) the project sponsor complies with all requirements
applicable to the Secretary under--
(aa) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(bb) any regulation implementing that Act; and
(cc) any other applicable Federal law; and
(III) the Secretary approves and adopts the document before
the Secretary takes any subsequent action or makes any
approval based on that document, regardless of whether the
action or approval of the Secretary results in Federal
funding.
(2) Duties.--The Secretary shall ensure that--
(A) the project sponsor complies with all design and
mitigation commitments made jointly by the Secretary and the
project sponsor in any environmental document prepared by the
project sponsor in accordance with this subsection; and
(B) any environmental document prepared by the project
sponsor is appropriately supplemented to address any changes
to the project the Secretary determines are necessary.
(3) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection shall be
adopted and used by any Federal agency making any
determination related to the project study to the same extent
that the Federal agency could adopt or use a document
prepared by another Federal agency under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) parts 1500 through 1508 of title 40, Code of Federal
Regulations (or successor regulations).
(4) Roles and responsibility of lead agency.--With respect
to the environmental review process for any project study,
the Federal lead agency shall have authority and
responsibility--
(A) to take such actions as are necessary and proper and
within the authority of the Federal lead agency to facilitate
the expeditious resolution of the environmental review
process for the project study; and
(B) to prepare or ensure that any required environmental
impact statement or other environmental review document for a
project study required to be completed under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is
completed in accordance with this section and applicable
Federal law.
(d) Participating and Cooperating Agencies.--
(1) Identification of jurisdictional agencies.--With
respect to carrying out the environmental review process for
a project study, the Secretary shall identify, as early as
practicable in the environmental review process, all Federal,
State, and local government agencies and Indian tribes that
may--
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a review,
analysis, opinion, or statement for the project study; or
(C) be required to make a determination on issuing a
permit, license, or other approval or decision for the
project study.
(2) State authority.--If the environmental review process
is being implemented by the Secretary for a project study
within the boundaries of a State, the State, consistent with
State law, may choose to participate in the process and to
make subject to the process all State agencies that--
(A) have jurisdiction over the project;
(B) are required to conduct or issue a review, analysis,
opinion, or statement for the project study; or
(C) are required to make a determination on issuing a
permit, license, or other approval or decision for the
project study.
(3) Invitation.--
(A) In general.--The Federal lead agency shall invite, as
early as practicable in the environmental review process, any
agency identified under paragraph (1) to become a
participating or cooperating agency, as applicable, in the
environmental review process for the project study.
(B) Deadline.--An invitation to participate issued under
subparagraph (A) shall set a deadline by which a response to
the invitation shall be submitted, which may be extended by
the Federal lead agency for good cause.
(4) Procedures.--Section 1501.6 of title 40, Code of
Federal Regulations (as in effect on the date of enactment of
the Bureau of Reclamation Project Streamlining Act) shall
govern the identification and the participation of a
cooperating agency.
(5) Federal cooperating agencies.--Any Federal agency that
is invited by the Federal lead agency to participate in the
environmental review process for a project study shall be
designated as a cooperating agency by the Federal lead agency
unless the invited agency informs the Federal lead agency, in
writing, by the deadline specified in the invitation that the
invited agency--
(A)(i) has no jurisdiction or authority with respect to the
project;
(ii) has no expertise or information relevant to the
project; or
(iii) does not have adequate funds to participate in the
project; and
(B) does not intend to submit comments on the project.
(6) Administration.--A participating or cooperating agency
shall comply with this section and any schedule established
under this section.
(7) Effect of designation.--Designation as a participating
or cooperating agency under this subsection shall not imply
that the participating or cooperating agency--
(A) supports a proposed project; or
(B) has any jurisdiction over, or special expertise with
respect to evaluation of, the project.
(8) Concurrent reviews.--Each participating or cooperating
agency shall--
(A) carry out the obligations of that agency under other
applicable law concurrently and in conjunction with the
required environmental review process, unless doing so would
prevent the participating or cooperating agency from
conducting needed analysis or otherwise carrying out those
obligations; and
(B) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.
(e) Non-Federal Projects Integrated Into Reclamation
Systems.--The Federal lead agency shall serve in that
capacity for the entirety of all non-Federal projects that
will be integrated into a larger system owned, operated or
administered in whole or in part by the Bureau of
Reclamation.
(f) Non-Federal Project.--If the Secretary determines that
a project can be expedited by a non-Federal sponsor and that
there is a demonstrable Federal interest in expediting that
project, the Secretary shall take such actions as are
necessary to advance such a project as a non-Federal project,
including, but not limited to, entering into agreements with
the non-Federal sponsor of such project to support the
planning, design and permitting of such project as a non-
Federal project.
(g) Programmatic Compliance.--
(1) In general.--The Secretary shall issue guidance
regarding the use of programmatic approaches to carry out the
environmental review process that--
[[Page H3167]]
(A) eliminates repetitive discussions of the same issues;
(B) focuses on the actual issues ripe for analyses at each
level of review;
(C) establishes a formal process for coordinating with
participating and cooperating agencies, including the
creation of a list of all data that are needed to carry out
an environmental review process; and
(D) complies with--
(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(ii) all other applicable laws.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) as the first step in drafting guidance under that
paragraph, consult with relevant Federal, State, and local
governmental agencies, Indian tribes, and the public on the
appropriate use and scope of the programmatic approaches;
(B) emphasize the importance of collaboration among
relevant Federal, State, and local governmental agencies, and
Indian tribes in undertaking programmatic reviews, especially
with respect to including reviews with a broad geographical
scope;
(C) ensure that the programmatic reviews--
(i) promote transparency, including of the analyses and
data used in the environmental review process, the treatment
of any deferred issues raised by Federal, State, and local
governmental agencies, Indian tribes, or the public, and the
temporal and special scales to be used to analyze those
issues;
(ii) use accurate and timely information in the
environmental review process, including--
(I) criteria for determining the general duration of the
usefulness of the review; and
(II) the timeline for updating any out-of-date review;
(iii) describe--
(I) the relationship between programmatic analysis and
future tiered analysis; and
(II) the role of the public in the creation of future
tiered analysis; and
(iv) are available to other relevant Federal, State, and
local governmental agencies, Indian tribes, and the public;
(D) allow not fewer than 60 days of public notice and
comment on any proposed guidance; and
(E) address any comments received under subparagraph (D).
(h) Coordinated Reviews.--
(1) Coordination plan.--
(A) Establishment.--The Federal lead agency shall, after
consultation with and with the concurrence of each
participating and cooperating agency and the project sponsor
or joint lead agency, as applicable, establish a plan for
coordinating public and agency participation in, and comment
on, the environmental review process for a project study or a
category of project studies.
(B) Schedule.--
(i) In general.--As soon as practicable but not later than
45 days after the close of the public comment period on a
draft environmental impact statement, the Federal lead
agency, after consultation with and the concurrence of each
participating and cooperating agency and the project sponsor
or joint lead agency, as applicable, shall establish, as part
of the coordination plan established in subparagraph (A), a
schedule for completion of the environmental review process
for the project study.
(ii) Factors for consideration.--In establishing a
schedule, the Secretary shall consider factors such as--
(I) the responsibilities of participating and cooperating
agencies under applicable laws;
(II) the resources available to the project sponsor, joint
lead agency, and other relevant Federal and State agencies,
as applicable;
(III) the overall size and complexity of the project;
(IV) the overall schedule for and cost of the project; and
(V) the sensitivity of the natural and historical resources
that could be affected by the project.
(iii) Modifications.--The Secretary may--
(I) lengthen a schedule established under clause (i) for
good cause; and
(II) shorten a schedule only with concurrence of the
affected participating and cooperating agencies and the
project sponsor or joint lead agency, as applicable.
(iv) Dissemination.--A copy of a schedule established under
clause (i) shall be--
(I) provided to each participating and cooperating agency
and the project sponsor or joint lead agency, as applicable;
and
(II) made available to the public.
(2) Comment deadlines.--The Federal lead agency shall
establish the following deadlines for comment during the
environmental review process for a project study:
(A) Draft environmental impact statements.--For comments by
Federal and State agencies and the public on a draft
environmental impact statement, a period of not more than 60
days after publication in the Federal Register of notice of
the date of public availability of the draft environmental
impact statement, unless--
(i) a different deadline is established by agreement of the
Federal lead agency, the project sponsor or joint lead
agency, as applicable, and all participating and cooperating
agencies; or
(ii) the deadline is extended by the Federal lead agency
for good cause.
(B) Other environmental review processes.--For all other
comment periods established by the Federal lead agency for
agency or public comments in the environmental review
process, a period of not more than 30 days after the date on
which the materials on which comment is requested are made
available, unless--
(i) a different deadline is established by agreement of the
Federal lead agency, the project sponsor, or joint lead
agency, as applicable, and all participating and cooperating
agencies; or
(ii) the deadline is extended by the Federal lead agency
for good cause.
(3) Deadlines for decisions under other laws.--In any case
in which a decision under any Federal law relating to a
project study, including the issuance or denial of a permit
or license, is required to be made by the date described in
subsection (i)(5)(B), the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate--
(A) as soon as practicable after the 180-day period
described in subsection (i)(5)(B), an initial notice of the
failure of the Federal agency to make the decision; and
(B) every 60 days thereafter until such date as all
decisions of the Federal agency relating to the project study
have been made by the Federal agency, an additional notice
that describes the number of decisions of the Federal agency
that remain outstanding as of the date of the additional
notice.
(4) Involvement of the public.--Nothing in this subsection
reduces any time period provided for public comment in the
environmental review process under applicable Federal law
(including regulations).
(5) Transparency reporting.--
(A) Reporting requirements.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall
establish and maintain an electronic database and, in
coordination with other Federal and State agencies, issue
reporting requirements to make publicly available the status
and progress with respect to compliance with applicable
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and any other Federal, State, or
local approval or action required for a project study for
which this section is applicable.
(B) Project study transparency.--Consistent with the
requirements established under subparagraph (A), the
Secretary shall make publicly available the status and
progress of any Federal, State, or local decision, action, or
approval required under applicable laws for each project
study for which this section is applicable.
(i) Issue Identification and Resolution.--
(1) Cooperation.--The Federal lead agency, the cooperating
agencies, and any participating agencies shall work
cooperatively in accordance with this section to identify and
resolve issues that could delay completion of the
environmental review process or result in the denial of any
approval required for the project study under applicable
laws.
(2) Federal lead agency responsibilities.--
(A) In general.--The Federal lead agency shall make
information available to the cooperating agencies and
participating agencies as early as practicable in the
environmental review process regarding the environmental and
socioeconomic resources located within the project area and
the general locations of the alternatives under
consideration.
(B) Data sources.--The information under subparagraph (A)
may be based on existing data sources, including geographic
information systems mapping.
(3) Cooperating and participating agency
responsibilities.--Based on information received from the
Federal lead agency, cooperating and participating agencies
shall identify, as early as practicable, any issues of
concern regarding the potential environmental or
socioeconomic impacts of the project, including any issues
that could substantially delay or prevent an agency from
granting a permit or other approval that is needed for the
project study.
(4) Accelerated issue resolution and elevation.--
(A) In general.--On the request of a participating or
cooperating agency or project sponsor, the Secretary shall
convene an issue resolution meeting with the relevant
participating and cooperating agencies and the project
sponsor or joint lead agency, as applicable, to resolve
issues that may--
(i) delay completion of the environmental review process;
or
(ii) result in denial of any approval required for the
project study under applicable laws.
(B) Meeting date.--A meeting requested under this paragraph
shall be held not later than 21 days after the date on which
the Secretary receives the request for the meeting, unless
the Secretary determines that there is good cause to extend
that deadline.
(C) Notification.--On receipt of a request for a meeting
under this paragraph, the Secretary shall notify all relevant
participating and cooperating agencies of the request,
including the issue to be resolved and the date for the
meeting.
(D) Elevation of issue resolution.--If a resolution cannot
be achieved within the 30-day period beginning on the date of
a meeting under this paragraph and a determination is made by
the Secretary that all information necessary to resolve the
issue has been obtained, the Secretary shall forward the
dispute to the heads of the relevant agencies for resolution.
(E) Convention by secretary.--The Secretary may convene an
issue resolution meeting under this paragraph at any time, at
the discretion of the Secretary, regardless of whether a
meeting is requested under subparagraph (A).
(5) Financial penalty provisions.--
(A) In general.--A Federal jurisdictional agency shall
complete any required approval or decision for the
environmental review process on an expeditious basis using
the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--
(I) Transfer of funds.--If a Federal jurisdictional agency
fails to render a decision required under any Federal law
relating to a project study that requires the preparation of
an environmental impact statement or environmental
[[Page H3168]]
assessment, including the issuance or denial of a permit,
license, statement, opinion, or other approval by the date
described in clause (ii), the amount of funds made available
to support the office of the head of the Federal
jurisdictional agency shall be reduced by an amount of
funding equal to the amount specified in item (aa) or (bb) of
subclause (II), and those funds shall be made available to
the division of the Federal jurisdictional agency charged
with rendering the decision by not later than 1 day after the
applicable date under clause (ii), and once each week
thereafter until a final decision is rendered, subject to
subparagraph (C).
(II) Amount to be transferred.--The amount referred to in
subclause (I) is--
(aa) $20,000 for any project study requiring the
preparation of an environmental assessment or environmental
impact statement; or
(bb) $10,000 for any project study requiring any type of
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) other than an environmental
assessment or environmental impact statement.
(ii) Description of date.--The date referred to in clause
(i) is the later of--
(I) the date that is 180 days after the date on which an
application for the permit, license, or approval is complete;
and
(II) the date that is 180 days after the date on which the
Federal lead agency issues a decision on the project under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(C) Limitations.--
(i) In general.--No transfer of funds under subparagraph
(B) relating to an individual project study shall exceed, in
any fiscal year, an amount equal to 1 percent of the funds
made available for the applicable agency office.
(ii) Failure to decide.--The total amount transferred in a
fiscal year as a result of a failure by an agency to make a
decision by an applicable deadline shall not exceed an amount
equal to 5 percent of the funds made available for the
applicable agency office for that fiscal year.
(iii) Aggregate.--Notwithstanding any other provision of
law, for each fiscal year, the aggregate amount of financial
penalties assessed against each applicable agency office
under this Act and any other Federal law as a result of a
failure of the agency to make a decision by an applicable
deadline for environmental review, including the total amount
transferred under this paragraph, shall not exceed an amount
equal to 9.5 percent of the funds made available for the
agency office for that fiscal year.
(D) Notification of transfers.--Not later than 10 days
after the last date in a fiscal year on which funds of the
Federal jurisdictional agency may be transferred under
subparagraph (B)(5) with respect to an individual decision,
the agency shall submit to the appropriate committees of the
House of Representatives and the Senate written notification
that includes a description of--
(i) the decision;
(ii) the project study involved;
(iii) the amount of each transfer under subparagraph (B) in
that fiscal year relating to the decision;
(iv) the total amount of all transfers under subparagraph
(B) in that fiscal year relating to the decision; and
(v) the total amount of all transfers of the agency under
subparagraph (B) in that fiscal year.
(E) No fault of agency.--
(i) In general.--A transfer of funds under this paragraph
shall not be made if the applicable agency described in
subparagraph (A) notifies, with a supporting explanation, the
Federal lead agency, cooperating agencies, and project
sponsor, as applicable, that--
(I) the agency has not received necessary information or
approvals from another entity in a manner that affects the
ability of the agency to meet any requirements under Federal,
State, or local law;
(II) significant new information, including from public
comments, or circumstances, including a major modification to
an aspect of the project, requires additional analysis for
the agency to make a decision on the project application; or
(III) the agency lacks the financial resources to complete
the review under the scheduled timeframe, including a
description of the number of full-time employees required to
complete the review, the amount of funding required to
complete the review, and a justification as to why not enough
funding is available to complete the review by the deadline.
(ii) Lack of financial resources.--If the agency provides
notice under clause (i)(III), the Inspector General of the
agency shall--
(I) conduct a financial audit to review the notice; and
(II) not later than 90 days after the date on which the
review described in subclause (I) is completed, submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate the results of the audit conducted
under subclause (I).
(F) Limitation.--The Federal agency from which funds are
transferred pursuant to this paragraph shall not reprogram
funds to the office of the head of the agency, or equivalent
office, to reimburse that office for the loss of the funds.
(G) Effect of paragraph.--Nothing in this paragraph affects
or limits the application of, or obligation to comply with,
any Federal, State, local, or tribal law.
(j) Memorandum of Agreements for Early Coordination.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Secretary and other Federal agencies with relevant
jurisdiction in the environmental review process should
cooperate with each other, State and local agencies, and
Indian tribes on environmental review and Bureau of
Reclamation project delivery activities at the earliest
practicable time to avoid delays and duplication of effort
later in the process, prevent potential conflicts, and ensure
that planning and project development decisions reflect
environmental values; and
(B) the cooperation referred to in subparagraph (A) should
include the development of policies and the designation of
staff that advise planning agencies and project sponsors of
studies or other information foreseeably required for later
Federal action and early consultation with appropriate State
and local agencies and Indian tribes.
(2) Technical assistance.--If requested at any time by a
State or project sponsor, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental
review process, shall, to the maximum extent practicable and
appropriate, as determined by the agencies, provide technical
assistance to the State or project sponsor in carrying out
early coordination activities.
(3) Memorandum of agency agreement.--If requested at any
time by a State or project sponsor, the Federal lead agency,
in consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may
establish memoranda of agreement with the project sponsor,
Indian tribes, State and local governments, and other
appropriate entities to carry out the early coordination
activities, including providing technical assistance in
identifying potential impacts and mitigation issues in an
integrated fashion.
(k) Limitations.--Nothing in this section preempts or
interferes with--
(1) any obligation to comply with the provisions of any
Federal law, including--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) any other Federal environmental law;
(2) the reviewability of any final Federal agency action in
a court of the United States or in the court of any State;
(3) any requirement for seeking, considering, or responding
to public comment; or
(4) any power, jurisdiction, responsibility, duty, or
authority that a Federal, State, or local governmental
agency, Indian tribe, or project sponsor has with respect to
carrying out a project or any other provision of law
applicable to projects.
(l) Timing of Claims.--
(1) Timing.--
(A) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial
review of a permit, license, or other approval issued by a
Federal agency for a project study shall be barred unless the
claim is filed not later than 3 years after publication of a
notice in the Federal Register announcing that the permit,
license, or other approval is final pursuant to the law under
which the agency action is taken, unless a shorter time is
specified in the Federal law that allows judicial review.
(B) Applicability.--Nothing in this subsection creates a
right to judicial review or places any limit on filing a
claim that a person has violated the terms of a permit,
license, or other approval.
(2) New information.--
(A) In general.--The Secretary shall consider new
information received after the close of a comment period if
the information satisfies the requirements for a supplemental
environmental impact statement under title 40, Code of
Federal Regulations (including successor regulations).
(B) Separate action.--The preparation of a supplemental
environmental impact statement or other environmental
document, if required under this section, shall be considered
a separate final agency action and the deadline for filing a
claim for judicial review of the action shall be 3 years
after the date of publication of a notice in the Federal
Register announcing the action relating to such supplemental
environmental impact statement or other environmental
document.
(m) Categorical Exclusions.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(A) survey the use by the Bureau of Reclamation of
categorical exclusions in projects since 2005;
(B) publish a review of the survey that includes a
description of--
(i) the types of actions that were categorically excluded
or could be the basis for developing a new categorical
exclusion; and
(ii) any requests previously received by the Secretary for
new categorical exclusions; and
(C) solicit requests from other Federal agencies and
project sponsors for new categorical exclusions.
(2) New categorical exclusions.--Not later than 1 year
after the date of enactment of this Act, if the Secretary has
identified a category of activities that merit establishing a
categorical exclusion that did not exist on the day before
the date of enactment this Act based on the review under
paragraph (1), the Secretary shall publish a notice of
proposed rulemaking to propose that new categorical
exclusion, to the extent that the categorical exclusion meets
the criteria for a categorical exclusion under section 1508.4
of title 40, Code of Federal Regulations (or successor
regulation).
(n) Review of Project Acceleration Reforms.--
(1) In general.--The Comptroller General of the United
States shall--
(A) assess the reforms carried out under this section; and
(B) not later than 5 years and not later than 10 years
after the date of enactment of this Act, submit to the
Committee on Natural Resources
[[Page H3169]]
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes
the results of the assessment.
(2) Contents.--The reports under paragraph (1) shall
include an evaluation of impacts of the reforms carried out
under this section on--
(A) project delivery;
(B) compliance with environmental laws; and
(C) the environmental impact of projects.
(o) Performance Measurement.--The Secretary shall establish
a program to measure and report on progress made toward
improving and expediting the planning and environmental
review process.
(p) Categorical Exclusions in Emergencies.--For the repair,
reconstruction, or rehabilitation of a Bureau of Reclamation
surface water storage project that is in operation or under
construction when damaged by an event or incident that
results in a declaration by the President of a major disaster
or emergency pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Secretary shall treat such repair, reconstruction, or
rehabilitation activity as a class of action categorically
excluded from the requirements relating to environmental
assessments or environmental impact statements under section
1508.4 of title 40, Code of Federal Regulations (or successor
regulations), if the repair or reconstruction activity is--
(1) in the same location with the same capacity,
dimensions, and design as the original Bureau of Reclamation
surface water storage project as before the declaration
described in this section; and
(2) commenced within a 2-year period beginning on the date
of a declaration described in this subsection.
SEC. 1106. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than February 1 of each year,
the Secretary shall develop and submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate an
annual report, to be entitled ``Report to Congress on Future
Water Project Development'', that identifies the following:
(1) Project reports.--Each project report that meets the
criteria established in subsection (c)(1)(A).
(2) Proposed project studies.--Any proposed project study
submitted to the Secretary by a non-Federal interest pursuant
to subsection (b) that meets the criteria established in
subsection (c)(1)(A).
(3) Proposed modifications.--Any proposed modification to
an authorized water project or project study that meets the
criteria established in subsection (c)(1)(A) that--
(A) is submitted to the Secretary by a non-Federal interest
pursuant to subsection (b); or
(B) is identified by the Secretary for authorization.
(4) Expedited completion of report and determinations.--Any
project study that was expedited and any Secretarial
determinations under section 1104.
(b) Requests for Proposals.--
(1) Publication.--Not later than May 1 of each year, the
Secretary shall publish in the Federal Register a notice
requesting proposals from non-Federal interests for proposed
project studies and proposed modifications to authorized
projects and project studies to be included in the annual
report.
(2) Deadline for requests.--The Secretary shall include in
each notice required by this subsection a requirement that
non-Federal interests submit to the Secretary any proposals
described in paragraph (1) by not later than 120 days after
the date of publication of the notice in the Federal Register
in order for the proposals to be considered for inclusion in
the annual report.
(3) Notification.--On the date of publication of each
notice required by this subsection, the Secretary shall--
(A) make the notice publicly available, including on the
Internet; and
(B) provide written notification of the publication to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(c) Contents.--
(1) Project reports, proposed project studies, and proposed
modifications.--
(A) Criteria for inclusion in report.--The Secretary shall
include in the annual report only those project reports,
proposed project studies, and proposed modifications to
authorized projects and project studies that--
(i) are related to the missions and authorities of the
Bureau of Reclamation;
(ii) require specific congressional authorization,
including by an Act of Congress;
(iii) have not been congressionally authorized;
(iv) have not been included in any previous annual report;
and
(v) if authorized, could be carried out by the Bureau of
Reclamation.
(B) Description of benefits.--
(i) Description.--The Secretary shall describe in the
annual report, to the extent applicable and practicable, for
each proposed project study and proposed modification to an
authorized water resources development project or project
study included in the annual report, the benefits, as
described in clause (ii), of each such study or proposed
modification.
(ii) Benefits.--The benefits (or expected benefits, in the
case of a proposed project study) described in this clause
are benefits to--
(I) the protection of human life and property;
(II) improvement to domestic irrigated water and power
supplies;
(III) the national economy;
(IV) the environment; or
(V) the national security interests of the United States.
(C) Identification of other factors.--The Secretary shall
identify in the annual report, to the extent practicable--
(i) for each proposed project study included in the annual
report, the non-Federal interest that submitted the proposed
project study pursuant to subsection (b); and
(ii) for each proposed project study and proposed
modification to a project or project study included in the
annual report, whether the non-Federal interest has
demonstrated--
(I) that local support exists for the proposed project
study or proposed modification to an authorized project or
project study (including the surface water storage
development project that is the subject of the proposed
feasibility study or the proposed modification to an
authorized project study); and
(II) the financial ability to provide the required non-
Federal cost share.
(2) Transparency.--The Secretary shall include in the
annual report, for each project report, proposed project
study, and proposed modification to a project or project
study included under paragraph (1)(A)--
(A) the name of the associated non-Federal interest,
including the name of any non-Federal interest that has
contributed, or is expected to contribute, a non-Federal
share of the cost of--
(i) the project report;
(ii) the proposed project study;
(iii) the authorized project study for which the
modification is proposed; or
(iv) construction of--
(I) the project that is the subject of--
(aa) the water report;
(bb) the proposed project study; or
(cc) the authorized project study for which a modification
is proposed; or
(II) the proposed modification to a project;
(B) a letter or statement of support for the water report,
proposed project study, or proposed modification to a project
or project study from each associated non-Federal interest;
(C) the purpose of the feasibility report, proposed
feasibility study, or proposed modification to a project or
project study;
(D) an estimate, to the extent practicable, of the Federal,
non-Federal, and total costs of--
(i) the proposed modification to an authorized project
study; and
(ii) construction of--
(I) the project that is the subject of--
(aa) the project report; or
(bb) the authorized project study for which a modification
is proposed, with respect to the change in costs resulting
from such modification; or
(II) the proposed modification to an authorized project;
and
(E) an estimate, to the extent practicable, of the monetary
and nonmonetary benefits of--
(i) the project that is the subject of--
(I) the project report; or
(II) the authorized project study for which a modification
is proposed, with respect to the benefits of such
modification; or
(ii) the proposed modification to an authorized project.
(3) Certification.--The Secretary shall include in the
annual report a certification stating that each feasibility
report, proposed feasibility study, and proposed modification
to a project or project study included in the annual report
meets the criteria established in paragraph (1)(A).
(4) Appendix.--The Secretary shall include in the annual
report an appendix listing the proposals submitted under
subsection (b) that were not included in the annual report
under paragraph (1)(A) and a description of why the Secretary
determined that those proposals did not meet the criteria for
inclusion under such paragraph.
(d) Special Rule for Initial Annual Report.--
Notwithstanding any other deadlines required by this section,
the Secretary shall--
(1) not later than 60 days after the date of enactment of
this Act, publish in the Federal Register a notice required
by subsection (b)(1); and
(2) include in such notice a requirement that non-Federal
interests submit to the Secretary any proposals described in
subsection (b)(1) by not later than 120 days after the date
of publication of such notice in the Federal Register in
order for such proposals to be considered for inclusion in
the first annual report developed by the Secretary under this
section.
(e) Publication.--Upon submission of an annual report to
Congress, the Secretary shall make the annual report publicly
available, including through publication on the Internet.
(f) Definition.--In this section, the term ``project
report'' means a final feasibility report developed under the
Reclamation Act of 1902 (32 Stat. 388), and all Acts
amendatory thereof or supplementary thereto.
Subtitle I--Accelerated Revenue, Repayment, and Surface Water Storage
Enhancement
SEC. 1111. SHORT TITLE.
This subtitle may be cited as the ``Accelerated Revenue,
Repayment, and Surface Water Storage Enhancement Act''.
SEC. 1112. PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN
THE UNITED STATES AND CONTRACTORS OF FEDERALLY
DEVELOPED WATER SUPPLIES.
(a) Conversion and Prepayment of Contracts.--
(1) Conversion.--Upon request of the contractor, the
Secretary of the Interior shall convert any water service
contract in effect on the date of enactment of this Act and
between the United States and a water users' association to
allow for prepayment of the repayment contract pursuant to
paragraph (2) under mutually agreeable terms and conditions.
The manner of conversion under this paragraph shall be as
follows:
(A) Water service contracts that were entered into under
section 9(e) of the Act of August 4, 1939 (53 Stat. 1196), to
be converted under this section shall be converted to
repayment contracts under section 9(d) of that Act (53 Stat.
1195).
[[Page H3170]]
(B) Water service contracts that were entered under
subsection (c)(2) of section 9 of the Act of August 4, 1939
(53 Stat. 1194), to be converted under this section shall be
converted to a contract under subsection (c)(1) of section 9
of that Act (53 Stat. 1195).
(2) Prepayment.--Except for those repayment contracts under
which the contractor has previously negotiated for
prepayment, all repayment contracts under section 9(d) of
that Act (53 Stat. 1195) in effect on the date of enactment
of this Act at the request of the contractor, and all
contracts converted pursuant to paragraph (1)(A) shall--
(A) provide for the repayment, either in lump sum or by
accelerated prepayment, of the remaining construction costs
identified in water project specific irrigation rate
repayment schedules, as adjusted to reflect payment not
reflected in such schedule, and properly assignable for
ultimate return by the contractor, or if made in
approximately equal installments, no later than 3 years after
the effective date of the repayment contract, such amount to
be discounted by \1/2\ the Treasury rate. An estimate of the
remaining construction costs, as adjusted, shall be provided
by the Secretary to the contractor no later than 90 days
following receipt of request of the contractor;
(B) require that construction costs or other capitalized
costs incurred after the effective date of the contract or
not reflected in the rate schedule referenced in subparagraph
(A), and properly assignable to such contractor shall be
repaid in not more than 5 years after notification of the
allocation if such amount is a result of a collective annual
allocation of capital costs to the contractors exercising
contract conversation under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater, such
cost shall be repaid as provided by applicable reclamation
law;
(C) provide that power revenues will not be available to
aid in repayment of construction costs allocated to
irrigation under the contract; and
(D) continue so long as the contractor pays applicable
charges, consistent with section 9(d) of the Act of August 4,
1939 (53 Stat. 1195), and applicable law.
(3) Contract requirements.--Except for those repayment
contracts under which the contractor has previously
negotiated for prepayment, the following shall apply with
regard to all repayment contracts under subsection (c)(1) of
section 9 of that Act (53 Stat. 1195) in effect on the date
of enactment of this Act at the request of the contractor,
and all contracts converted pursuant to paragraph (1)(B):
(A) Provide for the repayment in lump sum of the remaining
construction costs identified in water project specific
municipal and industrial rate repayment schedules, as
adjusted to reflect payments not reflected in such schedule,
and properly assignable for ultimate return by the
contractor. An estimate of the remaining construction costs,
as adjusted, shall be provided by the Secretary to the
contractor no later than 90 days after receipt of request of
contractor.
(B) The contract shall require that construction costs or
other capitalized costs incurred after the effective date of
the contract or not reflected in the rate schedule referenced
in subparagraph (A), and properly assignable to such
contractor, shall be repaid in not more than 5 years after
notification of the allocation if such amount is a result of
a collective annual allocation of capital costs to the
contractors exercising contract conversation under this
subsection of less than $5,000,000. If such amount is
$5,000,000 or greater, such cost shall be repaid as provided
by applicable reclamation law.
(C) Continue so long as the contractor pays applicable
charges, consistent with section 9(c)(1) of the Act of August
4, 1939 (53 Stat. 1195), and applicable law.
(4) Conditions.--All contracts entered into pursuant to
paragraphs (1), (2), and (3) shall--
(A) not be adjusted on the basis of the type of prepayment
financing used by the water users' association;
(B) conform to any other agreements, such as applicable
settlement agreements and new constructed appurtenant
facilities; and
(C) not modify other water service, repayment, exchange and
transfer contractual rights between the water users'
association, and the Bureau of Reclamation, or any rights,
obligations, or relationships of the water users' association
and their landowners as provided under State law.
(b) Accounting.--The amounts paid pursuant to subsection
(a) shall be subject to adjustment following a final cost
allocation by the Secretary of the Interior. In the event
that the final cost allocation indicates that the costs
properly assignable to the contractor are greater than what
has been paid by the contractor, the contractor shall be
obligated to pay the remaining allocated costs. The term of
such additional repayment contract shall be not less than one
year and not more than 10 years, however, mutually agreeable
provisions regarding the rate of repayment of such amount may
be developed by the parties. In the event that the final cost
allocation indicates that the costs properly assignable to
the contractor are less than what the contractor has paid,
the Secretary shall credit such overpayment as an offset
against any outstanding or future obligation of the
contractor.
(c) Applicability of Certain Provisions.--
(1) Effect of existing law.--Upon a contractor's compliance
with and discharge of the obligation of repayment of the
construction costs pursuant to a contract entered into
pursuant to subsection (a)(2)(A), subsections (a) and (b) of
section 213 of the Reclamation Reform Act of 1982 (96 Stat.
1269) shall apply to affected lands.
(2) Effect of other obligations.--The obligation of a
contractor to repay construction costs or other capitalized
costs described in subsection (a)(2)(B), (a)(3)(B), or (b)
shall not affect a contractor's status as having repaid all
of the construction costs assignable to the contractor or the
applicability of subsections (a) and (b) of section 213 of
the Reclamation Reform Act of 1982 (96 Stat. 1269) once the
amount required to be paid by the contractor under the
repayment contract entered into pursuant to subsection
(a)(2)(A) have been paid.
(d) Effect on Existing Law Not Altered.--Implementation of
the provisions of this subtitle shall not alter--
(1) the repayment obligation of any water service or
repayment contractor receiving water from the same water
project, or shift any costs that would otherwise have been
properly assignable to the water users' association
identified in subsections (a)(1), (a)(2), and (a)(3) absent
this section, including operation and maintenance costs,
construction costs, or other capitalized costs incurred after
the date of the enactment of this Act, or to other
contractors; and
(2) specific requirements for the disposition of amounts
received as repayments by the Secretary under the Act of June
17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental
to and amendatory of that Act (43 U.S.C. 371 et seq.).
(e) Surface Water Storage Enhancement Program.--
(1) In general.--Except as provided in subsection (d)(2),
three years following the date of enactment of this Act, 50
percent of receipts generated from prepayment of contracts
under this section beyond amounts necessary to cover the
amount of receipts forgone from scheduled payments under
current law for the 10-year period following the date of
enactment of this Act shall be directed to the Reclamation
Surface Water Storage Account under paragraph (2).
(2) Surface storage account.--The Secretary shall allocate
amounts collected under paragraph (1) into the ``Reclamation
Surface Storage Account'' to fund the construction of surface
water storage. The Secretary may also enter into cooperative
agreements with water users' associations for the
construction of surface water storage and amounts within the
Surface Storage Account may be used to fund such
construction. Surface water storage projects that are
otherwise not federally authorized shall not be considered
Federal facilities as a result of any amounts allocated from
the Surface Storage Account for part or all of such
facilities.
(3) Repayment.--Amounts used for surface water storage
construction from the Account shall be fully reimbursed to
the Account consistent with the requirements under Federal
reclamation law (the law (the Act of June 17, 1902 (32 Stat.
388, chapter 1093))), and Acts supplemental to and amendatory
of that Act (43 U.S.C. 371 et seq.) except that all funds
reimbursed shall be deposited in the Account established
under paragraph (2).
(4) Availability of amounts.--Amounts deposited in the
Account under this subsection shall--
(A) be made available in accordance with this section,
subject to appropriation; and
(B) be in addition to amounts appropriated for such
purposes under any other provision of law.
(5) Purposes of surface water storage.--Construction of
surface water storage under this section shall be made for
the following purposes:
(A) Increased municipal and industrial water supply.
(B) Agricultural floodwater, erosion, and sedimentation
reduction.
(C) Agricultural drainage improvements.
(D) Agricultural irrigation.
(E) Increased recreation opportunities.
(F) Reduced adverse impacts to fish and wildlife from water
storage or diversion projects within watersheds associated
with water storage projects funded under this section.
(G) Any other purposes consistent with reclamation laws or
other Federal law.
(f) Definitions.--For the purposes of this subtitle, the
following definitions apply:
(1) Account.--The term ``Account'' means the Reclamation
Surface Water Storage Account established under subsection
(e)(2).
(2) Construction.--The term ``construction'' means the
designing, materials engineering and testing, surveying, and
building of surface water storage including additions to
existing surface water storage and construction of new
surface water storage facilities, exclusive of any Federal
statutory or regulatory obligations relating to any permit,
review, approval, or other such requirement.
(3) Surface water storage.--The term ``surface water
storage'' means any federally owned facility under the
jurisdiction of the Bureau of Reclamation or any non-Federal
facility used for the surface storage and supply of water
resources.
(4) Treasury rate.--The term ``Treasury rate'' means the
20-year Constant Maturity Treasury (CMT) rate published by
the United States Department of the Treasury existing on the
effective date of the contract.
(5) Water users' association.--The term ``water users'
association'' means--
(A) an entity organized and recognized under State laws
that is eligible to enter into contracts with reclamation to
receive contract water for delivery to and users of the water
and to pay applicable charges; and
(B) includes a variety of entities with different names and
differing functions, such as associations, conservatory
district, irrigation district, municipality, and water
project contract unit.
Subtitle J--Safety of Dams
SEC. 1121. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.
The Reclamation Safety of Dams Act of 1978 is amended--
(1) in section 3, by striking ``Construction'' and
inserting ``Except as provided in section 5B, construction'';
and
[[Page H3171]]
(2) by inserting after section 5A (43 U.S.C. 509) the
following:
``SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.
``Notwithstanding section 3, if the Secretary determines
that additional project benefits, including but not limited
to additional conservation storage capacity, are feasible and
not inconsistent with the purposes of this Act, the Secretary
is authorized to develop additional project benefits through
the construction of new or supplementary works on a project
in conjunction with the Secretary's activities under section
2 of this Act and subject to the conditions described in the
feasibility study, provided--
``(1) the Secretary determines that developing additional
project benefits through the construction of new or
supplementary works on a project will promote more efficient
management of water and water-related facilities;
``(2) the feasibility study pertaining to additional
project benefits has been authorized pursuant to section 8 of
the Federal Water Project Recreation Act of 1965 (16 U.S.C.
4601-18); and
``(3) the costs associated with developing the additional
project benefits are agreed to in writing between the
Secretary and project proponents and shall be allocated to
the authorized purposes of the structure and repaid
consistent with all provisions of Federal Reclamation law
(the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and Acts
supplemental to and amendatory of that Act.''.
Subtitle K--Water Rights Protection
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``Water Rights Protection
Act''.
SEC. 1132. DEFINITION OF WATER RIGHT.
In this subtitle, the term ``water right'' means any
surface or groundwater right filed, permitted, certified,
confirmed, decreed, adjudicated, or otherwise recognized by a
judicial proceeding or by the State in which the user
acquires possession of the water or puts the water to
beneficial use, including water rights for federally
recognized Indian tribes.
SEC. 1133. TREATMENT OF WATER RIGHTS.
The Secretary of the Interior and the Secretary of
Agriculture shall not--
(1) condition or withhold, in whole or in part, the
issuance, renewal, amendment, or extension of any permit,
approval, license, lease, allotment, easement, right-of-way,
or other land use or occupancy agreement on--
(A) limitation or encumbrance of any water right, or the
transfer of any water right (including joint and sole
ownership), directly or indirectly to the United States or
any other designee; or
(B) any other impairment of any water right, in whole or in
part, granted or otherwise recognized under State law, by
Federal or State adjudication, decree, or other judgment, or
pursuant to any interstate water compact;
(2) require any water user (including any federally
recognized Indian tribe) to apply for or acquire a water
right in the name of the United States under State law as a
condition of the issuance, renewal, amendment, or extension
of any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement;
(3) assert jurisdiction over groundwater withdrawals or
impacts on groundwater resources, unless jurisdiction is
asserted, and any regulatory or policy actions taken pursuant
to such assertion are, consistent with, and impose no greater
restrictions or regulatory requirements than, applicable
State laws (including regulations) and policies governing the
protection and use of groundwater resources; or
(4) infringe on the rights and obligations of a State in
evaluating, allocating, and adjudicating the waters of the
State originating on or under, or flowing from, land owned or
managed by the Federal Government.
SEC. 1134. RECOGNITION OF STATE AUTHORITY.
(a) In General.--In carrying out section 1133, the
Secretary of the Interior and the Secretary of Agriculture
shall--
(1) recognize the longstanding authority of the States
relating to evaluating, protecting, allocating, regulating,
and adjudicating groundwater by any means, including a
rulemaking, permitting, directive, water court adjudication,
resource management planning, regional authority, or other
policy; and
(2) coordinate with the States in the adoption and
implementation by the Secretary of the Interior or the
Secretary of Agriculture of any rulemaking, policy,
directive, management plan, or other similar Federal action
so as to ensure that such actions are consistent with, and
impose no greater restrictions or regulatory requirements
than, State groundwater laws and programs.
(b) Effect on State Water Rights.--In carrying out this
subtitle, the Secretary of the Interior and the Secretary of
Agriculture shall not take any action that adversely
affects--
(1) any water rights granted by a State;
(2) the authority of a State in adjudicating water rights;
(3) definitions established by a State with respect to the
term ``beneficial use'', ``priority of water rights'', or
``terms of use'';
(4) terms and conditions of groundwater withdrawal,
guidance and reporting procedures, and conservation and
source protection measures established by a State;
(5) the use of groundwater in accordance with State law; or
(6) any other rights and obligations of a State established
under State law.
SEC. 1135. EFFECT OF TITLE.
(a) Effect on Existing Authority.--Nothing in this subtitle
limits or expands any existing legally recognized authority
of the Secretary of the Interior or the Secretary of
Agriculture to issue, grant, or condition any permit,
approval, license, lease, allotment, easement, right-of-way,
or other land use or occupancy agreement on Federal land
subject to the jurisdiction of the Secretary of the Interior
or the Secretary of Agriculture, respectively.
(b) Effect on Reclamation Contracts.--Nothing in this
subtitle interferes with Bureau of Reclamation contracts
entered into pursuant to the reclamation laws.
(c) Effect on Endangered Species Act.--Nothing in this
subtitle affects the implementation of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(d) Effect on Federal Reserved Water Rights.--Nothing in
this subtitle limits or expands any existing or claimed
reserved water rights of the Federal Government on land
administered by the Secretary of the Interior or the
Secretary of Agriculture.
(e) Effect on Federal Power Act.--Nothing in this subtitle
limits or expands authorities under sections 4(e), 10(j), or
18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 811).
(f) Effect on Indian Water Rights.--Nothing in this
subtitle limits or expands any water right or treaty right of
any federally recognized Indian tribe.
TITLE II--SPORTSMEN'S HERITAGE AND RECREATIONAL ENHANCEMENT ACT
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Sportsmen's Heritage and
Recreational Enhancement Act'' or the ``SHARE Act''.
SEC. 2002. REPORT ON ECONOMIC IMPACT.
Not later than 12 months after the date of the enactment of
this Act, the Secretary of Interior shall submit a report to
Congress that assesses expected economic impacts of the Act.
Such report shall include--
(1) a review of any expected increases in recreational
hunting, fishing, shooting, and conservation activities;
(2) an estimate of any jobs created in each industry
expected to support such activities described in paragraph
(1), including in the supply, manufacturing, distribution,
and retail sectors;
(3) an estimate of wages related to jobs described in
paragraph (2); and
(4) an estimate of anticipated new local, State, and
Federal revenue related to jobs described in paragraph (2).
Subtitle A--Hunting, Fishing and Recreational Shooting Protection Act
SEC. 2011. SHORT TITLE.
This subtitle may be cited as the ``Hunting, Fishing, and
Recreational Shooting Protection Act''.
SEC. 2012. MODIFICATION OF DEFINITION.
Section 3(2)(B) of the Toxic Substances Control Act (15
U.S.C. 2602(2)(B)) is amended--
(1) in clause (v), by striking ``, and'' and inserting ``,
or any component of any such article including, without
limitation, shot, bullets and other projectiles, propellants,
and primers,'';
(2) in clause (vi) by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (vi) the following:
``(vii) any sport fishing equipment (as such term is
defined in subsection (a) of section 4162 of the Internal
Revenue Code of 1986) the sale of which is subject to the tax
imposed by section 4161(a) of such Code (determined without
regard to any exemptions from such tax as provided by section
4162 or 4221 or any other provision of such Code), and sport
fishing equipment components.''.
SEC. 2013. LIMITATION ON AUTHORITY TO REGULATE AMMUNITION AND
FISHING TACKLE.
(a) Limitation.--Except as provided in section 20.21 of
title 50, Code of Federal Regulations, as in effect on the
date of the enactment of this Act, or any substantially
similar successor regulation thereto, the Secretary of the
Interior, the Secretary of Agriculture, and, except as
provided by subsection (b), any bureau, service, or office of
the Department of the Interior or the Department of
Agriculture, may not regulate the use of ammunition
cartridges, ammunition components, or fishing tackle based on
the lead content thereof if such use is in compliance with
the law of the State in which the use occurs.
(b) Exception.--The limitation in subsection (a) shall not
apply to the United States Fish and Wildlife Service or the
National Park Service.
Subtitle B--Target Practice and Marksmanship Training Support Act
SEC. 2021. SHORT TITLE.
This subtitle may be cited as the ``Target Practice and
Marksmanship Training Support Act''.
SEC. 2022. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the use of firearms and archery equipment for target
practice and marksmanship training activities on Federal land
is allowed, except to the extent specific portions of that
land have been closed to those activities;
(2) in recent years preceding the date of enactment of this
Act, portions of Federal land have been closed to target
practice and marksmanship training for many reasons;
(3) the availability of public target ranges on non-Federal
land has been declining for a variety of reasons, including
continued population growth and development near former
ranges;
(4) providing opportunities for target practice and
marksmanship training at public target ranges on Federal and
non-Federal land can help--
(A) to promote enjoyment of shooting, recreational, and
hunting activities; and
(B) to ensure safe and convenient locations for those
activities;
(5) Federal law in effect on the date of enactment of this
Act, including the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et
[[Page H3172]]
seq.), provides Federal support for construction and
expansion of public target ranges by making available to
States amounts that may be used for construction, operation,
and maintenance of public target ranges; and
(6) it is in the public interest to provide increased
Federal support to facilitate the construction or expansion
of public target ranges.
(b) Purpose.--The purpose of this subtitle is to facilitate
the construction and expansion of public target ranges,
including ranges on Federal land managed by the Forest
Service and the Bureau of Land Management.
SEC. 2023. DEFINITION OF PUBLIC TARGET RANGE.
In this subtitle, the term ``public target range'' means a
specific location that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
SEC. 2024. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE
RESTORATION ACT.
(a) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or shotgun
shooting;''.
(b) Expenditures for Management of Wildlife Areas and
Resources.--Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended--
(1) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(2) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(3) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(4) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(5) by inserting after paragraph (1) (as designated by
paragraph (1) of this subsection) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the
cost of acquiring land for, expanding, or constructing a
public target range.''.
(c) Firearm and Bow Hunter Education and Safety Program
Grants.--Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section
4(b), the State may elect to allocate not more than 10
percent, to be combined with the amount apportioned to the
State under paragraph (1) for that fiscal year, for acquiring
land for, expanding, or constructing a public target
range.'';
(2) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding,
or constructing a public target range in a State on Federal
or non-Federal land pursuant to this section or section 8(b)
shall not exceed 90 percent of the cost of the activity.'';
and
(3) in subsection (c)(1)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
amounts made''; and
(B) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring land for,
constructing, or expanding a public target range shall remain
available for expenditure and obligation during the 5-fiscal-
year period beginning on October 1 of the first fiscal year
for which the amounts are made available.''.
SEC. 2025. LIMITS ON LIABILITY.
(a) Discretionary Function.--For purposes of chapter 171 of
title 28, United States Code (commonly referred to as the
``Federal Tort Claims Act''), any action by an agent or
employee of the United States to manage or allow the use of
Federal land for purposes of target practice or marksmanship
training by a member of the public shall be considered to be
the exercise or performance of a discretionary function.
(b) Civil Action or Claims.--Except to the extent provided
in chapter 171 of title 28, United States Code, the United
States shall not be subject to any civil action or claim for
money damages for any injury to or loss of property, personal
injury, or death caused by an activity occurring at a public
target range that is--
(1) funded in whole or in part by the Federal Government
pursuant to the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.); or
(2) located on Federal land.
SEC. 2026. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with
applicable laws and regulations, the Chief of the Forest
Service and the Director of the Bureau of Land Management
should cooperate with State and local authorities and other
entities to carry out waste removal and other activities on
any Federal land used as a public target range to encourage
continued use of that land for target practice or
marksmanship training.
Subtitle C--Polar Bear Conservation and Fairness Act
SEC. 2031. SHORT TITLE.
This subtitle may be cited as the ``Polar Bear Conservation
and Fairness Act''.
SEC. 2032. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES
TAKEN IN SPORT HUNTS IN CANADA.
Section 104(c)(5)(D) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
``(D)(i) The Secretary of the Interior shall, expeditiously
after the expiration of the applicable 30-day period under
subsection (d)(2), issue a permit for the importation of any
polar bear part (other than an internal organ) from a polar
bear taken in a sport hunt in Canada to any person--
``(I) who submits, with the permit application, proof that
the polar bear was legally harvested by the person before
February 18, 1997; or
``(II) who has submitted, in support of a permit
application submitted before May 15, 2008, proof that the
polar bear was legally harvested by the person before May 15,
2008, from a polar bear population from which a sport-hunted
trophy could be imported before that date in accordance with
section 18.30(i) of title 50, Code of Federal Regulations.
``(ii) The Secretary shall issue permits under clause
(i)(I) without regard to subparagraphs (A) and (C)(ii) of
this paragraph, subsection (d)(3), and sections 101 and 102.
Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the
importation of any polar bear part authorized by a permit
issued under clause (i)(I). This clause shall not apply to
polar bear parts that were imported before June 12, 1997.
``(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B) and
102(b)(3) shall not apply to the importation of any polar
bear part authorized by a permit issued under clause (i)(II).
This clause shall not apply to polar bear parts that were
imported before the date of enactment of the Polar Bear
Conservation and Fairness Act.''.
Subtitle D--Recreational Lands Self-Defense Act
SEC. 2041. SHORT TITLE.
This subtitle may be cited as the ``Recreational Lands
Self-Defense Act''.
SEC. 2042. PROTECTING AMERICANS FROM VIOLENT CRIME.
(a) Findings.--Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 327.13 of title 36, Code of Federal
Regulations, provides that, except in special circumstances,
``possession of loaded firearms, ammunition, loaded
projectile firing devices, bows and arrows, crossbows, or
other weapons is prohibited'' at water resources development
projects administered by the Secretary of the Army.
(3) The regulations described in paragraph (2) prevent
individuals complying with Federal and State laws from
exercising the second amendment rights of the individuals
while at such water resources development projects.
(4) The Federal laws should make it clear that the second
amendment rights of an individual at a water resources
development project should not be infringed.
(b) Protecting the Right of Individuals To Bear Arms at
Water Resources Development Projects.--The Secretary of the
Army shall not promulgate or enforce any regulation that
prohibits an individual from possessing a firearm, including
an assembled or functional firearm, at a water resources
development project covered under section 327.0 of title 36,
Code of Federal Regulations (as in effect on the date of
enactment of this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
Subtitle E--Wildlife and Hunting Heritage Conservation Council Advisory
Committee
SEC. 2051. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL
ADVISORY COMMITTEE.
The Fish and Wildlife Coordination Act (16 U.S.C. 661 et
seq.) is amended by adding at the end the following:
``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL
ADVISORY COMMITTEE.
``(a) Establishment.--There is hereby established the
Wildlife and Hunting Heritage Conservation Council Advisory
Committee (in this section referred to as the `Advisory
Committee') to advise the Secretaries of the Interior and
Agriculture on wildlife and habitat conservation, hunting,
and recreational shooting.
``(b) Continuance and Abolishment of Existing Wildlife and
Hunting Heritage Conservation Council.--The Wildlife and
Hunting Heritage Conservation Council established pursuant to
section 441 of the Revised Statutes (43 U.S.C. 1457), section
2 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and
other Acts applicable to specific bureaus of the Department
of the Interior--
``(1) shall continue until the date of the first meeting of
the Wildlife and Hunting Heritage
[[Page H3173]]
Conservation Council established by the amendment made by
subsection (a); and
``(2) is hereby abolished effective on that date.
``(c) Duties of the Advisory Committee.--The Advisory
Committee shall advise the Secretaries with regard to--
``(1) implementation of Executive Order No. 13443:
Facilitation of Hunting Heritage and Wildlife Conservation,
which directs Federal agencies `to facilitate the expansion
and enhancement of hunting opportunities and the management
of game species and their habitat';
``(2) policies or programs to conserve and restore
wetlands, agricultural lands, grasslands, forest, and
rangeland habitats;
``(3) policies or programs to promote opportunities and
access to hunting and shooting sports on Federal lands;
``(4) policies or programs to recruit and retain new
hunters and shooters;
``(5) policies or programs that increase public awareness
of the importance of wildlife conservation and the social and
economic benefits of recreational hunting and shooting; and
``(6) policies or programs that encourage coordination
among the public, the hunting and shooting sports community,
wildlife conservation groups, and States, tribes, and the
Federal Government.
``(d) Membership.--
``(1) Appointment.--
``(A) In general.--The Advisory Committee shall consist of
no more than 16 discretionary members and 8 ex officio
members.
``(B) Ex officio members.--The ex officio members are--
``(i) the Director of the United States Fish and Wildlife
Service or a designated representative of the Director;
``(ii) the Director of the Bureau of Land Management or a
designated representative of the Director;
``(iii) the Director of the National Park Service or a
designated representative of the Director;
``(iv) the Chief of the Forest Service or a designated
representative of the Chief;
``(v) the Chief of the Natural Resources Conservation
Service or a designated representative of the Chief;
``(vi) the Administrator of the Farm Service Agency or a
designated representative of the Administrator;
``(vii) the Executive Director of the Association of Fish
and Wildlife Agencies; and
``(viii) the Administrator of the Small Business
Administration or designated representative.
``(C) Discretionary members.--The discretionary members
shall be appointed jointly by the Secretaries from at least
one of each of the following:
``(i) State fish and wildlife agencies.
``(ii) Game bird hunting organizations.
``(iii) Wildlife conservation organizations.
``(iv) Big game hunting organizations.
``(v) Waterfowl hunting organizations.
``(vi) The tourism, outfitter, or guiding industry.
``(vii) The firearms or ammunition manufacturing industry.
``(viii) The hunting or shooting equipment retail industry.
``(ix) Tribal resource management organizations.
``(x) The agriculture industry.
``(xi) The ranching industry.
``(xii) Women's hunting and fishing advocacy, outreach, or
education organization.
``(xiii) Minority hunting and fishing advocacy, outreach,
or education organization.
``(xiv) Veterans service organization.
``(D) Eligibility.--Prior to the appointment of the
discretionary members, the Secretaries shall determine that
all individuals nominated for appointment to the Advisory
Committee, and the organization each individual represents,
actively support and promote sustainable-use hunting,
wildlife conservation, and recreational shooting.
``(2) Terms.--
``(A) In general.--Except as provided in subparagraph (B),
members of the Advisory Committee shall be appointed for a
term of 4 years. Members shall not be appointed for more than
3 consecutive or nonconsecutive terms.
``(B) Terms of initial appointees.--As designated by the
Secretary at the time of appointment, of the members first
appointed--
``(i) 6 members shall be appointed for a term of 4 years;
``(ii) 5 members shall be appointed for a term of 3 years;
and
``(iii) 5 members shall be appointed for a term of 2 years.
``(3) Preservation of public advisory status.--No
individual may be appointed as a discretionary member of the
Advisory Committee while serving as an officer or employee of
the Federal Government.
``(4) Vacancy and removal.--
``(A) In general.--Any vacancy on the Advisory Committee
shall be filled in the manner in which the original
appointment was made.
``(B) Removal.--Advisory Committee members shall serve at
the discretion of the Secretaries and may be removed at any
time for good cause.
``(5) Continuation of service.--Each appointed member may
continue to serve after the expiration of the term of office
to which such member was appointed until a successor has been
appointed.
``(6) Chairperson.--The Chairperson of the Advisory
Committee shall be appointed for a 3-year term by the
Secretaries, jointly, from among the members of the Advisory
Committee. An individual may not be appointed as Chairperson
for more than 2 consecutive or nonconsecutive terms.
``(7) Pay and expenses.--Members of the Advisory Committee
shall serve without pay for such service, but each member of
the Advisory Committee may be reimbursed for travel and
lodging incurred through attending meetings of the Advisory
Committee approved subgroup meetings in the same amounts and
under the same conditions as Federal employees (in accordance
with section 5703 of title 5, United States Code).
``(8) Meetings.--
``(A) In general.--The Advisory Committee shall meet at the
call of the Secretaries, the chairperson, or a majority of
the members, but not less frequently than twice annually.
``(B) Open meetings.--Each meeting of the Advisory
Committee shall be open to the public.
``(C) Prior notice of meetings.--Timely notice of each
meeting of the Advisory Committee shall be published in the
Federal Register and be submitted to trade publications and
publications of general circulation.
``(D) Subgroups.--The Advisory Committee may establish such
workgroups or subgroups as it deems necessary for the purpose
of compiling information or conducting research. However,
such workgroups may not conduct business without the
direction of the Advisory Committee and must report in full
to the Advisory Committee.
``(9) Quorum.--Nine members of the Advisory Committee shall
constitute a quorum.
``(e) Expenses.--The expenses of the Advisory Committee
that the Secretaries determine to be reasonable and
appropriate shall be paid by the Secretaries.
``(f) Administrative Support, Technical Services, and
Advice.--A designated Federal Officer shall be jointly
appointed by the Secretaries to provide to the Advisory
Committee the administrative support, technical services, and
advice that the Secretaries determine to be reasonable and
appropriate.
``(g) Annual Report.--
``(1) Required.--Not later than September 30 of each year,
the Advisory Committee shall submit a report to the
Secretaries, the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives, and
the Committee on Energy and Natural Resources and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate. If circumstances arise in which the Advisory
Committee cannot meet the September 30 deadline in any year,
the Secretaries shall advise the Chairpersons of each such
Committee of the reasons for such delay and the date on which
the submission of the report is anticipated.
``(2) Contents.--The report required by paragraph (1) shall
describe--
``(A) the activities of the Advisory Committee during the
preceding year;
``(B) the reports and recommendations made by the Advisory
Committee to the Secretaries during the preceding year; and
``(C) an accounting of actions taken by the Secretaries as
a result of the recommendations.
``(h) Federal Advisory Committee Act.--The Advisory
Committee shall be exempt from the Federal Advisory Committee
Act (5 U.S.C. App.).''.
Subtitle F--Recreational Fishing and Hunting Heritage Opportunities Act
SEC. 2061. SHORT TITLE.
This subtitle may be cited as the ``Recreational Fishing
and Hunting Heritage and Opportunities Act''.
SEC. 2062. FINDINGS.
Congress finds that--
(1) recreational fishing and hunting are important and
traditional activities in which millions of Americans
participate;
(2) recreational anglers and hunters have been and continue
to be among the foremost supporters of sound fish and
wildlife management and conservation in the United States;
(3) recreational fishing and hunting are environmentally
acceptable and beneficial activities that occur and can be
provided on Federal lands and waters without adverse effects
on other uses or users;
(4) recreational anglers, hunters, and sporting
organizations provide direct assistance to fish and wildlife
managers and enforcement officers of the Federal Government
as well as State and local governments by investing volunteer
time and effort to fish and wildlife conservation;
(5) recreational anglers, hunters, and the associated
industries have generated billions of dollars of critical
funding for fish and wildlife conservation, research, and
management by providing revenues from purchases of fishing
and hunting licenses, permits, and stamps, as well as excise
taxes on fishing, hunting, and recreational shooting
equipment that have generated billions of dollars of critical
funding for fish and wildlife conservation, research, and
management;
(6) recreational shooting is also an important and
traditional activity in which millions of Americans
participate;
(7) safe recreational shooting is a valid use of Federal
lands, including the establishment of safe and convenient
recreational shooting ranges on such lands, and participation
in recreational shooting helps recruit and retain hunters and
contributes to wildlife conservation;
(8) opportunities to recreationally fish, hunt, and shoot
are declining, which depresses participation in these
traditional activities, and depressed participation adversely
impacts fish and wildlife conservation and funding for
important conservation efforts; and
(9) the public interest would be served, and our citizens'
fish and wildlife resources benefitted, by action to ensure
that opportunities are facilitated to engage in fishing and
hunting on Federal land as recognized by Executive Order No.
12962, relating to recreational fisheries, and Executive
Order No. 13443, relating to facilitation of hunting heritage
and wildlife conservation.
SEC. 2063. FISHING, HUNTING, AND RECREATIONAL SHOOTING.
(a) Definitions.--In this section:
[[Page H3174]]
(1) Federal land.--The term ``Federal land'' means any land
or water that is owned by the United States and under the
administrative jurisdiction of the Bureau of Land Management
or the Forest Service.
(2) Federal land management officials.--The term ``Federal
land management officials'' means--
(A) the Secretary of the Interior and Director of the
Bureau of Land Management regarding Bureau of Land Management
lands and interests in lands under the administrative
jurisdiction of the Bureau of Land Management; and
(B) the Secretary of Agriculture and Chief of the Forest
Service regarding National Forest System lands.
(3) Hunting.--
(A) In general.--Except as provided in subparagraph (B),
the term ``hunting'' means use of a firearm, bow, or other
authorized means in the lawful--
(i) pursuit, shooting, capture, collection, trapping, or
killing of wildlife;
(ii) attempt to pursue, shoot, capture, collect, trap, or
kill wildlife; or
(iii) the training of hunting dogs, including field trials.
(B) Exclusion.--The term ``hunting'' does not include the
use of skilled volunteers to cull excess animals (as defined
by other Federal law).
(4) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of fish; or
(B) attempt to capture, collect, or kill fish.
(5) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a
bow and arrow.
(b) In General.--Subject to valid existing rights and
subsection (e), and cooperation with the respective State
fish and wildlife agency, Federal land management officials
shall exercise authority under existing law, including
provisions regarding land use planning, to facilitate use of
and access to Federal lands, including National Monuments,
Wilderness Areas, Wilderness Study Areas, and lands
administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas, for fishing,
hunting, and recreational shooting, except as limited by--
(1) statutory authority that authorizes action or
withholding action for reasons of national security, public
safety, or resource conservation;
(2) any other Federal statute that specifically precludes
fishing, hunting, or recreational shooting on specific
Federal lands, waters, or units thereof; and
(3) discretionary limitations on fishing, hunting, and
recreational shooting determined to be necessary and
reasonable as supported by the best scientific evidence and
advanced through a transparent public process.
(c) Management.--Consistent with subsection (a), Federal
land management officials shall exercise their land
management discretion--
(1) in a manner that supports and facilitates fishing,
hunting, and recreational shooting opportunities;
(2) to the extent authorized under applicable State law;
and
(3) in accordance with applicable Federal law.
(d) Planning.--
(1) Evaluation of effects on opportunities to engage in
fishing, hunting, or recreational shooting.--Planning
documents that apply to Federal lands, including land
resources management plans, resource management plans, travel
management plans, and general management plans shall include
a specific evaluation of the effects of such plans on
opportunities to engage in fishing, hunting, or recreational
shooting.
(2) Strategic growth policy for the national wildlife
refuge system.--Section 4(a)(3) of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd(a)(3)) is amended--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B), the following:
``(C) the Secretary shall integrate wildlife-dependent
recreational uses in accordance with their status as priority
general public uses into proposed or existing regulations,
policies, criteria, plans, or other activities to alter or
amend the manner in which individual refuges or the National
Wildlife Refuge System (System) are managed, including, but
not limited to, any activities which target or prioritize
criteria for long and short term System acquisitions;''.
(3) No major federal action.--No action taken under this
subtitle, or under section 4 of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd), either
individually or cumulatively with other actions involving
Federal lands or lands managed by the United States Fish and
Wildlife Service, shall be considered to be a major Federal
action significantly affecting the quality of the human
environment, and no additional identification, analysis, or
consideration of environmental effects, including cumulative
effects, is necessary or required.
(4) Other activity not considered.--Federal land management
officials are not required to consider the existence or
availability of fishing, hunting, or recreational shooting
opportunities on adjacent or nearby public or private lands
in the planning for or determination of which Federal lands
are open for these activities or in the setting of levels of
use for these activities on Federal lands, unless the
combination or coordination of such opportunities would
enhance the fishing, hunting, or recreational shooting
opportunities available to the public.
(e) Federal Lands.--
(1) Lands open.--Lands under the jurisdiction of the Bureau
of Land Management and the Forest Service, including
Wilderness Areas, Wilderness Study Areas, lands designated as
wilderness or administratively classified as wilderness
eligible or suitable and primitive or semi-primitive areas
and National Monuments, but excluding lands on the Outer
Continental Shelf, shall be open to fishing, hunting, and
recreational shooting unless the managing Federal agency acts
to close lands to such activity. Lands may be subject to
closures or restrictions if determined by the head of the
agency to be necessary and reasonable and supported by facts
and evidence, for purposes including resource conservation,
public safety, energy or mineral production, energy
generation or transmission infrastructure, water supply
facilities, protection of other permittees, protection of
private property rights or interest, national security, or
compliance with other law.
(2) Recreational shooting ranges.--
(A) In general.--The head of each Federal agency shall use
his or her authorities in a manner consistent with this Act
and other applicable law, to--
(i) lease or permit use of lands under the jurisdiction of
the agency for recreational shooting ranges; and
(ii) designate specific lands under the jurisdiction of the
agency for recreational shooting activities.
(B) Limitation on liability.--Any designation under
subparagraph (A)(ii) shall not subject the United States to
any civil action or claim for monetary damages for injury or
loss of property or personal injury or death caused by any
activity occurring at or on such designated lands.
(f) Necessity in Wilderness Areas and ``Within and
Supplemental to'' Wilderness Purposes.--
(1) Minimum requirements for administration.--The provision
of opportunities for fishing, hunting, and recreational
shooting, and the conservation of fish and wildlife to
provide sustainable use recreational opportunities on
designated Federal wilderness areas shall constitute measures
necessary to meet the minimum requirements for the
administration of the wilderness area, provided that this
determination shall not authorize or facilitate commodity
development, use, or extraction, motorized recreational
access or use that is not otherwise allowed under the
Wilderness Act (16 U.S.C. 1131 et seq.), or permanent road
construction or maintenance within designated wilderness
areas.
(2) Application of wilderness act.--Provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that
wilderness purposes are ``within and supplemental to'' the
purposes of the underlying Federal land unit are reaffirmed.
When seeking to carry out fish and wildlife conservation
programs and projects or provide fish and wildlife dependent
recreation opportunities on designated wilderness areas, each
Federal land management official shall implement these
supplemental purposes so as to facilitate, enhance, or both,
but not to impede the underlying Federal land purposes when
seeking to carry out fish and wildlife conservation programs
and projects or provide fish and wildlife dependent
recreation opportunities in designated wilderness areas,
provided that such implementation shall not authorize or
facilitate commodity development, use or extraction, or
permanent road construction or maintenance within designated
wilderness areas.
(g) No Priority.--Nothing in this section requires a
Federal land management official to give preference to
fishing, hunting, or recreational shooting over other uses of
Federal land or over land or water management priorities
established by Federal law.
(h) Consultation With Councils.--In fulfilling the duties
under this section, Federal land management officials shall
consult with respective advisory councils as established in
Executive Order Nos. 12962 and 13443.
(i) Authority of the States.--Nothing in this section shall
be construed as interfering with, diminishing, or conflicting
with the authority, jurisdiction, or responsibility of any
State to exercise primary management, control, or regulation
of fish and wildlife under State law (including regulations)
on land or water within the State, including on Federal land.
(j) Federal Licenses.--Nothing in this section shall be
construed to authorize a Federal land management official to
require a license, fee, or permit to fish, hunt, or trap on
land or water in a State, including on Federal land in the
States, except that this subsection shall not affect the
Migratory Bird Stamp requirement set forth in the Migratory
Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et
seq.).
SEC. 2064. VOLUNTEER HUNTERS; REPORTS; CLOSURES AND
RESTRICTIONS.
(a) Definitions.--For the purposes of this section:
(1) Public land.--The term ``public land'' means--
(A) units of the National Park System;
(B) National Forest System lands; and
(C) land and interests in land owned by the United States
and under the administrative jurisdiction of--
(i) the Fish and Wildlife Service; or
(ii) the Bureau of Land Management.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior and includes the Director
of the National Park Service, with regard to units of the
National Park System;
(B) the Secretary of the Interior and includes the Director
of the Fish and Wildlife Service, with regard to Fish and
Wildlife Service lands and waters;
(C) the Secretary of the Interior and includes the Director
of the Bureau of Land Management, with regard to Bureau of
Land Management lands and waters; and
[[Page H3175]]
(D) the Secretary of Agriculture and includes the Chief of
the Forest Service, with regard to National Forest System
lands.
(3) Volunteer from the hunting community.--The term
``volunteer from the hunting community'' means a volunteer
who holds a valid hunting license issued by a State.
(b) Volunteer Hunters.--When planning wildlife management
involving reducing the size of a wildlife population on
public land, the Secretary shall consider the use of and may
use volunteers from the hunting community as agents to assist
in carrying out wildlife management on public land. The
Secretary shall not reject the use of volunteers from the
hunting community as agents without the concurrence of the
appropriate State wildlife management authorities.
(c) Report.--Beginning on the second October 1 after the
date of the enactment of this Act and biennially on October 1
thereafter, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) any public land administered by the Secretary that was
closed to fishing, hunting, and recreational shooting at any
time during the preceding year; and
(2) the reason for the closure.
(d) Closures or Significant Restrictions.--
(1) In general.--Other than closures established or
prescribed by land planning actions referred to in section
2064(e) or emergency closures described in paragraph (2), a
permanent or temporary withdrawal, change of classification,
or change of management status of public land that
effectively closes or significantly restricts any acreage of
public land to access or use for fishing, hunting,
recreational shooting, or activities related to fishing,
hunting, or recreational shooting, or a combination of those
activities, shall take effect only if, before the date of
withdrawal or change, the Secretary--
(A) publishes appropriate notice of the withdrawal or
change, respectively;
(B) demonstrates that coordination has occurred with a
State fish and wildlife agency; and
(C) submits to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate written notice of the
withdrawal or change, respectively.
(2) Emergency closures.--Nothing in this Act prohibits the
Secretary from establishing or implementing emergency
closures or restrictions of the smallest practicable area to
provide for public safety, resource conservation, national
security, or other purposes authorized by law. Such an
emergency closure shall terminate after a reasonable period
of time unless converted to a permanent closure consistent
with this Act.
Subtitle G--Farmer and Hunter Protection Act
SEC. 2071. SHORT TITLE.
This subtitle may be cited as the ``Hunter and Farmer
Protection Act''.
SEC. 2072. BAITING OF MIGRATORY GAME BIRDS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704)
is amended by striking subsection (b) and inserting the
following:
``(b) Prohibition of Baiting.--
``(1) Definitions.--In this subsection:
``(A) Baited area.--
``(i) In general.--The term `baited area' means--
``(I) any area on which salt, grain, or other feed has been
placed, exposed, deposited, distributed, or scattered, if the
salt, grain, or feed could lure or attract migratory game
birds; and
``(II) in the case of waterfowl, cranes (family Gruidae),
and coots (family Rallidae), a standing, unharvested crop
that has been manipulated through activities such as mowing,
discing, or rolling, unless the activities are normal
agricultural practices.
``(ii) Exclusions.--An area shall not be considered to be a
`baited area' if the area--
``(I) has been treated with a normal agricultural practice;
``(II) has standing crops that have not been manipulated;
or
``(III) has standing crops that have been or are flooded.
``(B) Baiting.--The term `baiting' means the direct or
indirect placing, exposing, depositing, distributing, or
scattering of salt, grain, or other feed that could lure or
attract migratory game birds to, on, or over any areas on
which a hunter is attempting to take migratory game birds.
``(C) Migratory game bird.--The term `migratory game bird'
means migratory bird species--
``(i) that are within the taxonomic families of Anatidae,
Columbidae, Gruidae, Rallidae, and Scolopacidae; and
``(ii) for which open seasons are prescribed by the
Secretary of the Interior.
``(D) Normal agricultural practice.--
``(i) In general.--The term `normal agricultural practice'
means any practice in 1 annual growing season that--
``(I) is carried out in order to produce a marketable crop,
including planting, harvest, postharvest, or soil
conservation practices; and
``(II) is recommended for the successful harvest of a given
crop by the applicable State office of the Cooperative
Extension System of the Department of Agriculture, in
consultation with, and if requested, the concurrence of, the
head of the applicable State department of fish and wildlife.
``(ii) Inclusions.--
``(I) In general.--Subject to subclause (II), the term
`normal agricultural practice' includes the destruction of a
crop in accordance with practices required by the Federal
Crop Insurance Corporation for agricultural producers to
obtain crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) on land on which a crop during the
current or immediately preceding crop year was not
harvestable due to a natural disaster (including any
hurricane, storm, tornado, flood, high water, wind-driven
water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, drought, fire, snowstorm, or other
catastrophe that is declared a major disaster by the
President in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170)).
``(II) Limitations.--The term `normal agricultural
practice' only includes a crop described in subclause (I)
that has been destroyed or manipulated through activities
that include (but are not limited to) mowing, discing, or
rolling if the Federal Crop Insurance Corporation certifies
that flooding was not an acceptable method of destruction to
obtain crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
``(E) Waterfowl.--The term `waterfowl' means native species
of the family Anatidae.
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to take any migratory game bird by baiting or on or
over any baited area, if the person knows or reasonably
should know that the area is a baited area; or
``(B) to place or direct the placement of bait on or
adjacent to an area for the purpose of causing, inducing, or
allowing any person to take or attempt to take any migratory
game bird by baiting or on or over the baited area.
``(3) Regulations.--The Secretary of the Interior may
promulgate regulations to implement this subsection.
``(4) Reports.--Annually, the Secretary of Agriculture
shall submit to the Secretary of the Interior a report that
describes any changes to normal agricultural practices across
the range of crops grown by agricultural producers in each
region of the United States in which the recommendations are
provided to agricultural producers.''.
Subtitle H--Transporting Bows Across National Park Service Lands
SEC. 2081. SHORT TITLE.
This subtitle may be cited as the ``Hunter Access Corridors
Act''.
SEC. 2082. BOWHUNTING OPPORTUNITY AND WILDLIFE STEWARDSHIP.
(a) In General.--Subchapter II of chapter 1015 of title 54,
United States Code, is amended by adding at the end the
following:
``Sec. 101513. Hunter access corridors
``(a) Definitions.--In this section:
``(1) Not ready for immediate use.--The term `not ready for
immediate use' means--
``(A) a bow or crossbow, the arrows of which are secured or
stowed in a quiver or other arrow transport case; and
``(B) with respect to a crossbow, uncocked.
``(2) Valid hunting license.--The term `valid hunting
license' means a State-issued hunting license that authorizes
an individual to hunt on private or public land adjacent to
the System unit in which the individual is located while in
possession of a bow or crossbow that is not ready for
immediate use.
``(b) Transportation Authorized.--
``(1) In general.--The Director shall not require a permit
for, or promulgate or enforce any regulation that prohibits
an individual from transporting bows and crossbows that are
not ready for immediate use across any System unit if--
``(A) in the case of an individual traversing the System
unit on foot--
``(i) the individual is not otherwise prohibited by law
from possessing the bows and crossbows;
``(ii) the bows or crossbows are not ready for immediate
use throughout the period during which the bows or crossbows
are transported across the System unit;
``(iii) the possession of the bows and crossbows is in
compliance with the law of the State in which the System unit
is located; and
``(iv)(I) the individual possesses a valid hunting license;
``(II) the individual is traversing the System unit en
route to a hunting access corridor established under
subsection (c)(1); or
``(III) the individual is traversing the System unit in
compliance with any other applicable regulations or policies;
or
``(B) the bows or crossbows are not ready for immediate use
and remain inside a vehicle.
``(2) Enforcement.--Nothing in this subsection limits the
authority of the Director to enforce laws (including
regulations) prohibiting hunting or the taking of wildlife in
any System unit.
``(c) Establishment of Hunter Access Corridors.--
``(1) In general.--On a determination by the Director under
paragraph (2), the Director may establish and publish (in
accordance with section 1.5 of title 36, Code of Federal
Regulations (or a successor regulation)), on a publicly
available map, hunter access corridors across System units
that are used to access public land that is--
``(A) contiguous to a System unit; and
``(B) open to hunting.
``(2) Determination by director.--The determination
referred to in paragraph (1) is a determination that the
hunter access corridor would provide wildlife management or
visitor experience benefits within the boundary of the System
unit in which the hunter access corridor is located.
``(3) Hunting season.--The hunter access corridors shall be
open for use during hunting seasons.
``(4) Exception.--The Director may establish limited
periods during which access through the hunter access
corridors is closed for reasons of public safety,
administration, or compliance with applicable law. Such
closures shall be clearly marked with signs and dates of
closures, and shall not include gates, chains, walls, or
other barriers on the hunter access corridor.
[[Page H3176]]
``(5) Identification of corridors.--The Director shall--
``(A) make information regarding hunter access corridors
available on the individual website of the applicable System
unit; and
``(B) provide information regarding any processes
established by the Director for transporting legally taken
game through individual hunter access corridors.
``(6) Registration; transportation of game.--The Director
may--
``(A) provide registration boxes to be located at the
trailhead of each hunter access corridor for self-
registration;
``(B) provide a process for online self-registration; and
``(C) allow nonmotorized conveyances to transport legally
taken game through a hunter access corridor established under
this subsection, including game carts and sleds.
``(7) Consultation with states.--The Director shall consult
with each applicable State wildlife agency to identify
appropriate hunter access corridors.
``(d) Effect.--Nothing in this section--
``(1) diminishes, enlarges, or modifies any Federal or
State authority with respect to recreational hunting,
recreational shooting, or any other recreational activities
within the boundaries of a System unit; or
``(2) authorizes--
``(A) the establishment of new trails in System units; or
``(B) authorizes individuals to access areas in System
units, on foot or otherwise, that are not open to such
access.
``(e) No Major Federal Action.--
``(1) In general.--Any action taken under this section
shall not be considered a major Federal action significantly
affecting the quality of the human environment under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) No additional action required.--No additional
identification, analyses, or consideration of environmental
effects (including cumulative environmental effects) is
necessary or required with respect to an action taken under
this section.''.
(b) Clerical Amendment.--The table of sections for title
54, United States Code, is amended by inserting after the
item relating to section 101512 the following:
``101513. Hunter access corridors.''.
Subtitle I--Federal Land Transaction Facilitation Act Reauthorization
(FLTFA)
SEC. 2091. SHORT TITLE.
This subtitle may be cited as the ``Federal Land
Transaction Facilitation Act Reauthorization''.
SEC. 2092. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking
``cultural, or'' and inserting ``cultural, recreational
access and use, or other'';
(2) in section 203(2) in the matter preceding subparagraph
(A), by striking ``on the date of enactment of this Act was''
and inserting ``is'';
(3) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``section 206'' and all
that follows through the period and inserting the following:
``section 206--
``(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land
identified for disposal under approved land use plans under
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712);
``(2) not later than 180 days after the date of the
enactment of the Federal Land Transaction Facilitation Act
Reauthorization, to establish and make available to the
public, on the website of the Department of the Interior, a
database containing a comprehensive list of all the land
referred to in paragraph (1); and
``(3) to maintain the database referred to in paragraph
(2).''; and
(B) in subsection (d), by striking ``11'' and inserting
``22'';
(4) by amending section 206(c)(1) (43 U.S.C. 2305(c)(1)) to
read as follows:
``(1) Use of funds.--
``(A) In general.--Funds in the Federal Land Disposal
Account shall be expended, subject to appropriation, in
accordance with this subsection.
``(B) Purposes.--Except as authorized under paragraph (2),
funds in the Federal Land Disposal Account shall be used for
one or more of the following purposes:
``(i) To purchase lands or interests therein that are
otherwise authorized by law to be acquired and are one or
more of the following:
``(I) Inholdings.
``(II) Adjacent to federally designated areas and contain
exceptional resources.
``(III) Provide opportunities for hunting, recreational
fishing, recreational shooting, and other recreational
activities.
``(IV) Likely to aid in the performance of deferred
maintenance or the reduction of operation and maintenance
costs or other deferred costs.
``(ii) To perform deferred maintenance or other maintenance
activities that enhance opportunities for recreational
access.'';
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively;
(C) in subparagraph (C) (as so redesignated by this
paragraph)--
(i) by striking ``purchases'' and inserting ``land
purchases and performance of deferred maintenance
activities'';
(ii) by striking ``subparagraph (C)'' and inserting
``subparagraph (B)''; and
(iii) by inserting ``for the activities outlined in
paragraph (2)'' after ``generated''; and
(D) by adding at the end the following:
``(D) Any funds made available under subparagraph (C) that
are not obligated or expended by the end of the fourth full
fiscal year after the date of the sale or exchange of land
that generated the funds may be expended in any State.'';
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
(A) by inserting after subparagraph (A) the following:
``(B) the extent to which the acquisition of the land or
interest therein will increase the public availability of
resources for, and facilitate public access to, hunting,
fishing, and other recreational activities;''; and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(7) in section 206(f) (43 U.S.C. 2305(f)), by amending
paragraph (2) to read as follows:
``(2) any remaining balance in the account shall be
deposited in the Treasury and used for deficit reduction,
except that in the case of a fiscal year for which there is
no Federal budget deficit, such amounts shall be used to
reduce the Federal debt (in such manner as the Secretary of
the Treasury considers appropriate).''; and
(8) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting ``96-586''; and
(ii) by striking ``; or'' and inserting a semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;'' before ``112
Stat.''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
Subtitle J--African Elephant Conservation and Legal Ivory Possession
Act
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ``African Elephant
Conservation and Legal Ivory Possession Act''.
SEC. 2102. REFERENCES.
Except as otherwise specifically provided, whenever in this
subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a provision, the reference shall
be considered to be made to a provision of the African
Elephant Conservation Act (16 U.S.C. 4201 et seq.).
SEC. 2103. PLACEMENT OF UNITED STATES FISH AND WILDLIFE
SERVICE LAW ENFORCEMENT OFFICERS IN EACH
AFRICAN ELEPHANT RANGE COUNTRY.
Part I (16 U.S.C. 4211 et seq.) is amended by adding at the
end the following:
``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE
SERVICE LAW ENFORCEMENT OFFICERS IN EACH
AFRICAN ELEPHANT RANGE COUNTRY.
``The Secretary, in coordination with the Secretary of
State, may station United States Fish and Wildlife Service
law enforcement officers in the primary United States
diplomatic or consular post in each African country that has
a significant population of African elephants, who shall
assist local wildlife rangers in the protection of African
elephants and facilitate the apprehension of individuals who
illegally kill, or assist the illegal killing of, African
elephants.''.
SEC. 2104. TREATMENT OF ELEPHANT IVORY.
Section 2203 (16 U.S.C. 4223) is further amended by adding
at the end the following:
``(c) Treatment of Elephant Ivory.--Nothing in this Act or
the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be
construed--
``(1) to prohibit, or to authorize prohibiting, the
possession, sale, delivery, receipt, shipment, or
transportation of African elephant ivory, or any product
containing African elephant ivory, that is in the United
States because it has been lawfully imported or crafted in
the United States; or
``(2) to authorize using any means of determining for
purposes of this Act or the Endangered Species Act of 1973
whether African elephant ivory that is present in the United
States has been lawfully imported, including any presumption
or burden of proof applied in such determination, other than
such means used by the Secretary as of February 24, 2014.''.
SEC. 2105. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL
ASSISTANCE PRIORITY AND REAUTHORIZATION.
(a) Financial Assistance Priority.--Section 2101 (16 U.S.C.
4211) is amended by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively, and by inserting after
subsection (d) the following:
``(e) Priority.--In providing financial assistance under
this section, the Secretary shall give priority to projects
designed to facilitate the acquisition of equipment and
training of wildlife officials in ivory producing countries
to be used in anti-poaching efforts.''.
(b) Reauthorization.--Section 2306(a) (16 U.S.C. 4245(a))
is amended by striking ``2007 through 2012'' and inserting
``2016 through 2020''.
[[Page H3177]]
SEC. 2106. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
Not later than 90 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a study examining the effects of a ban of the trade
in of fossilized ivory from mammoths and mastodons on the
illegal importation and trade of African and Asian elephant
ivory within the United States, with the exception of
importation or trade thereof related to museum exhibitions or
scientific research, and report to Congress the findings of
such study.
Subtitle K--Respect for Treaties and Rights
SEC. 2111. RESPECT FOR TREATIES AND RIGHTS.
Nothing in this Act or the amendments made by this Act
shall be construed to affect or modify any treaty or other
right of any federally recognized Indian tribe.
Subtitle L--State Approval of Fishing Restriction
SEC. 2131. STATE OR TERRITORIAL APPROVAL OF RESTRICTION OF
RECREATIONAL OR COMMERCIAL FISHING ACCESS TO
CERTAIN STATE OR TERRITORIAL WATERS.
(a) Approval Required.--The Secretary of the Interior and
the Secretary of Commerce shall not restrict recreational or
commercial fishing access to any State or territorial marine
waters or Great Lakes waters within the jurisdiction of the
National Park Service or the Office of National Marine
Sanctuaries, respectively, unless those restrictions are
developed in coordination with, and approved by, the fish and
wildlife management agency of the State or territory that has
fisheries management authority over those waters.
(b) Definition.--In this section, the term ``marine
waters'' includes coastal waters and estuaries.
Subtitle M--Hunting and Recreational Fishing Within Certain National
Forests
SEC. 2141. DEFINITIONS.
In this subtitle:
(1) Hunting.--The term ``hunting'' means use of a firearm,
bow, or other authorized means in the lawful pursuit,
shooting, capture, collection, trapping, or killing of
wildlife; attempt to pursue, shoot, capture, collect, trap,
or kill wildlife; or the training and use of hunting dogs,
including field trials.
(2) Recreational fishing.--The term ``recreational
fishing'' means the lawful pursuit, capture, collection, or
killing of fish; or attempt to capture, collect, or kill
fish.
(3) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Forest Service for a
unit of the National Forest System pursuant to section 6 of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604).
(4) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))
SEC. 2142. HUNTING AND RECREATIONAL FISHING WITHIN THE
NATIONAL FOREST SYSTEM.
(a) Prohibition of Restrictions.--The Secretary of
Agriculture or Chief of the Forest Service may not establish
policies, directives, or regulations that restrict the type,
season, or method of hunting or recreational fishing on lands
within the National Forest System that are otherwise open to
those activities and are consistent with the applicable
forest plan.
(b) Prior Restrictions Void.--Any restrictions imposed by
the Secretary of Agriculture or Chief of the Forest Service
regarding the type, season, or method of hunting or
recreational fishing on lands within the National Forest
System that are otherwise open to those activities in force
on the date of the enactment of this Act shall be void and
have no force or effect.
(c) Applicability.--This section shall apply only to the
Kisatchie National Forest in the State of Louisiana, the De
Soto National Forest in the State of Mississippi, the Mark
Twain National Forest in the State of Missouri, and the Ozark
National Forest, the St. Francis National Forest and the
Ouachita National Forest in the States of Arkansas and
Oklahoma.
(d) State Authority.--Nothing in this section, section 1 of
the Act of June 4, 1897 (16 U.S.C. 551), or section 32 of the
Act of July 22, 1937 (7 U.S.C. 1011) shall affect the
authority of States to manage hunting or recreational fishing
on lands within the National Forest System.
SEC. 2143. PUBLICATION OF CLOSURE OF ROADS IN FORESTS.
The Chief of the Forest Service shall publish a notice in
the Federal Register for the closure of any public road on
Forest System lands, along with a justification for the
closure.
Subtitle N--Grand Canyon Bison Management Act
SEC. 2151. SHORT TITLE.
This subtitle may be cited as the ``Grand Canyon Bison
Management Act''.
SEC. 2152. DEFINITIONS.
In this subtitle:
(1) Management plan.--The term ``management plan'' means
the management plan published under section 2153(a).
(2) Park.--The term ``Park'' means the Grand Canyon
National Park.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Skilled public volunteer.--The term ``skilled public
volunteer'' means an individual who possesses--
(A) a valid hunting license issued by the State of Arizona;
and
(B) such other qualifications as the Secretary may require,
after consultation with the Arizona Game and Fish Commission.
SEC. 2153. BISON MANAGEMENT PLAN FOR GRAND CANYON NATIONAL
PARK.
(a) Publication of Plan.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall publish a
management plan to reduce, through humane lethal culling by
skilled public volunteers and by other nonlethal means, the
population of bison in the Park that the Secretary determines
are detrimental to the use of the Park.
(b) Removal of Animal.--Notwithstanding any other provision
of law, a skilled public volunteer may remove a full bison
harvested from the Park.
(c) Coordination.--The Secretary shall coordinate with the
Arizona Game and Fish Commission regarding the development
and implementation of the management plan.
(d) NEPA Compliance.--In developing the management plan,
the Secretary shall comply with all applicable Federal
environmental laws (including regulations), including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(e) Limitation.--Nothing in this subtitle applies to the
taking of wildlife in the Park for any purpose other than the
implementation of the management plan.
Subtitle O--Open Book on Equal Access to Justice
SEC. 2161. SHORT TITLE.
This subtitle may be cited as the ``Open Book on Equal
Access to Justice Act''.
SEC. 2162. MODIFICATION OF EQUAL ACCESS TO JUSTICE
PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United
States Code, is amended--
(1) in subsection (c)(1), by striking ``, United States
Code'';
(2) by redesignating subsection (f) as subsection (i); and
(3) by striking subsection (e) and inserting the following:
``(e)(1) The Chairman of the Administrative Conference of
the United States, after consultation with the Chief Counsel
for Advocacy of the Small Business Administration, shall
report to the Congress, not later than March 31 of each year
through the 6th calendar year beginning after the initial
report under this subsection is submitted, on the amount of
fees and other expenses awarded during the preceding fiscal
year pursuant to this section. The report shall describe the
number, nature, and amount of the awards, the claims involved
in the controversy, and any other relevant information that
may aid the Congress in evaluating the scope and impact of
such awards. The report shall be made available to the public
online.
``(2)(A) The report required by paragraph (1) shall account
for all payments of fees and other expenses awarded under
this section that are made pursuant to a settlement
agreement, regardless of whether the settlement agreement is
sealed or otherwise subject to nondisclosure provisions.
``(B) The disclosure of fees and other expenses required
under subparagraph (A) does not affect any other information
that is subject to nondisclosure provisions in the settlement
agreement.
``(f) The Chairman of the Administrative Conference shall
create and maintain, during the period beginning on the date
the initial report under subsection (e) is submitted and
ending one year after the date on which the final report
under that subsection is submitted, online a searchable
database containing the following information with respect to
each award of fees and other expenses under this section:
``(1) The case name and number of the adversary
adjudication, if available.
``(2) The name of the agency involved in the adversary
adjudication.
``(3) A description of the claims in the adversary
adjudication.
``(4) The name of each party to whom the award was made, as
such party is identified in the order or other agency
document making the award.
``(5) The amount of the award.
``(6) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in
subsection (f) may not reveal any information the disclosure
of which is prohibited by law or court order.
``(h) The head of each agency shall provide to the Chairman
of the Administrative Conference in a timely manner all
information requested by the Chairman to comply with the
requirements of subsections (e), (f), and (g).''.
(b) Court Cases.--Section 2412(d) of title 28, United
States Code, is amended by adding at the end the following:
``(5)(A) The Chairman of the Administrative Conference of
the United States shall submit to the Congress, not later
than March 31 of each year through the 6th calendar year
beginning after the initial report under this paragraph is
submitted, a report on the amount of fees and other expenses
awarded during the preceding fiscal year pursuant to this
subsection. The report shall describe the number, nature, and
amount of the awards, the claims involved in each
controversy, and any other relevant information that may aid
the Congress in evaluating the scope and impact of such
awards. The report shall be made available to the public
online.
``(B)(i) The report required by subparagraph (A) shall
account for all payments of fees and other expenses awarded
under this subsection that are made pursuant to a settlement
agreement, regardless of whether the settlement agreement is
sealed or otherwise subject to nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required
under clause (i) does not affect any other information that
is subject to nondisclosure provisions in the settlement
agreement.
``(C) The Chairman of the Administrative Conference shall
include and clearly identify in
[[Page H3178]]
the annual report under subparagraph (A), for each case in
which an award of fees and other expenses is included in the
report--
``(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(6) The Chairman of the Administrative Conference shall
create and maintain, during the period beginning on the date
the initial report under paragraph (5) is submitted and
ending one year after the date on which the final report
under that paragraph is submitted, online a searchable
database containing the following information with respect to
each award of fees and other expenses under this subsection:
``(A) The case name and number.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made, as
such party is identified in the order or other court document
making the award.
``(D) A description of the claims in the case.
``(E) The amount of the award.
``(F) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(7) The online searchable database described in paragraph
(6) may not reveal any information the disclosure of which is
prohibited by law or court order.
``(8) The head of each agency (including the Attorney
General of the United States) shall provide to the Chairman
of the Administrative Conference of the United States in a
timely manner all information requested by the Chairman to
comply with the requirements of paragraphs (5), (6), and
(7).''.
(c) Clerical Amendments.--Section 2412 of title 28, United
States Code, is amended--
(1) in subsection (d)(3), by striking ``United States
Code,''; and
(2) in subsection (e)--
(A) by striking ``of section 2412 of title 28, United
States Code,'' and inserting ``of this section''; and
(B) by striking ``of such title'' and inserting ``of this
title''.
(d) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(b) shall first apply with respect to awards of fees and
other expenses that are made on or after the date of the
enactment of this Act.
(2) Initial reports.--The first reports required by section
504(e) of title 5, United States Code, and section 2412(d)(5)
of title 28, United States Code, shall be submitted not later
than March 31 of the calendar year following the first
calendar year in which a fiscal year begins after the date of
the enactment of this Act.
(3) Online databases.--The online databases required by
section 504(f) of title 5, United States Code, and section
2412(d)(6) of title 28, United States Code, shall be
established as soon as practicable after the date of the
enactment of this Act, but in no case later than the date on
which the first reports under section 504(e) of title 5,
United States Code, and section 2412(d)(5) of title 28,
United States Code, are required to be submitted under
paragraph (2) of this subsection.
Subtitle P--Utility Terrain Vehicles
SEC. 2171. UTILITY TERRAIN VEHICLES IN KISATCHIE NATIONAL
FOREST.
(a) In General.--The Forest Administrator shall amend the
applicable travel plan to allow utility terrain vehicles
access on all roads nominated by the Secretary of Louisiana
Wildlife and Fisheries in the Kisatchie National Forest,
except when such designation would pose an unacceptable
safety risk, in which case the Forest Administrator shall
publish a notice in the Federal Register with a justification
for the closure.
(b) Utility Terrain Vehicles Defined.--For purposes of this
section, the term ``utility terrain vehicle''--
(1) means any recreational motor vehicle designed for and
capable of travel over designated roads, traveling on four or
more tires with a maximum tire width of 27 inches, a maximum
wheel cleat or lug of \3/4\ of an inch, a minimum width of 50
inches but not exceeding 74 inches, a minimum weight of at
least 700 pounds but not exceeding 2,000 pounds, and a
minimum wheelbase of 61 inches but not exceeding 110 inches;
(2) includes vehicles not equipped with a certification
label as required by part 567.4 of title 49, Code of Federal
Regulations; and
(3) does not include golf carts, vehicles specially
designed to carry a disabled person, or vehicles otherwise
registered under section 32.299 of the Louisiana State
statutes.
Subtitle Q--Good Samaritan Search and Recovery
SEC. 2181. SHORT TITLE.
This subtitle may be cited as the ``Good Samaritan Search
and Recovery Act''.
SEC. 2182. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.
(a) Definitions.--In this section:
(1) Eligible.--The term ``eligible'', with respect to an
organization or individual, means that the organization or
individual, respectively, is--
(A) acting in a not-for-profit capacity; and
(B) composed entirely of members who, at the time of the
good Samaritan search-and-recovery mission, have attained the
age of majority under the law of the State where the mission
takes place.
(2) Good samaritan search-and-recovery mission.--The term
``good Samaritan search-and-recovery mission'' means a search
conducted by an eligible organization or individual for 1 or
more missing individuals believed to be deceased at the time
that the search is initiated.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as
applicable.
(b) Process.--
(1) In general.--Each Secretary shall develop and implement
a process to expedite access to Federal land under the
administrative jurisdiction of the Secretary for eligible
organizations and individuals to request access to Federal
land to conduct good Samaritan search-and-recovery missions.
(2) Inclusions.--The process developed and implemented
under this subsection shall include provisions to clarify
that--
(A) an eligible organization or individual granted access
under this section--
(i) shall be acting for private purposes; and
(ii) shall not be considered to be a Federal volunteer;
(B) an eligible organization or individual conducting a
good Samaritan search-and-recovery mission under this section
shall not be considered to be a volunteer under section
102301(c) of title 54, United States Code;
(C) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act''), shall not apply to
an eligible organization or individual carrying out a
privately requested good Samaritan search-and-recovery
mission under this section; and
(D) an eligible organization or entity who conducts a good
Samaritan search-and-recovery mission under this section
shall serve without pay from the Federal Government for such
service.
(c) Release of Federal Government From Liability.--The
Secretary shall not require an eligible organization or
individual to have liability insurance as a condition of
accessing Federal land under this section, if the eligible
organization or individual--
(1) acknowledges and consents, in writing, to the
provisions described in subparagraphs (A) through (D) of
subsection (b)(2); and
(2) signs a waiver releasing the Federal Government from
all liability relating to the access granted under this
section and agrees to indemnify and hold harmless the United
States from any claims or lawsuits arising from any conduct
by the eligible organization or individual on Federal land.
(d) Approval and Denial of Requests.--
(1) In general.--The Secretary shall notify an eligible
organization or individual of the approval or denial of a
request by the eligible organization or individual to carry
out a good Samaritan search-and-recovery mission under this
section by not later than 48 hours after the request is made.
(2) Denials.--If the Secretary denies a request from an
eligible organization or individual to carry out a good
Samaritan search-and-recovery mission under this section, the
Secretary shall notify the eligible organization or
individual of--
(A) the reason for the denial of the request; and
(B) any actions that the eligible organization or
individual can take to meet the requirements for the request
to be approved.
(e) Partnerships.--Each Secretary shall develop search-and-
recovery-focused partnerships with search-and-recovery
organizations--
(1) to coordinate good Samaritan search-and-recovery
missions on Federal land under the administrative
jurisdiction of the Secretary; and
(2) to expedite and accelerate good Samaritan search-and-
recovery mission efforts for missing individuals on Federal
land under the administrative jurisdiction of the Secretary.
(f) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretaries shall submit to
Congress a joint report describing--
(1) plans to develop partnerships described in subsection
(e)(1); and
(2) efforts carried out to expedite and accelerate good
Samaritan search-and-recovery mission efforts for missing
individuals on Federal land under the administrative
jurisdiction of each Secretary pursuant to subsection (e)(2).
Subtitle R--Interstate Transportation of Firearms or Ammunition
SEC. 2191. INTERSTATE TRANSPORTATION OF FIREARMS OR
AMMUNITION.
(a) In General.--Section 926A of title 18, United States
Code, is amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or
ammunition
``(a) Notwithstanding any provision of any law, rule, or
regulation of a State or any political subdivision thereof:
``(1) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport a firearm for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the firearm to any other such
place if, during the transportation, the firearm is unloaded,
and--
``(A) if the transportation is by motor vehicle, the
firearm is not directly accessible from the passenger
compartment of the vehicle, and, if the vehicle is without a
compartment separate from the passenger compartment, the
firearm is in a locked container other than the glove
compartment or console, or is secured by a secure gun storage
or safety device; or
``(B) if the transportation is by other means, the firearm
is in a locked container or secured by a secure gun storage
or safety device.
``(2) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport ammunition for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the ammunition, to any other
such place if, during the transportation, the ammunition is
not loaded into a firearm, and--
[[Page H3179]]
``(A) if the transportation is by motor vehicle, the
ammunition is not directly accessible from the passenger
compartment of the vehicle, and, if the vehicle is without a
compartment separate from the passenger compartment, the
ammunition is in a locked container other than the glove
compartment or console; or
``(B) if the transportation is by other means, the
ammunition is in a locked container.
``(b) In subsection (a), the term `transport' includes
staying in temporary lodging overnight, stopping for food,
fuel, vehicle maintenance, an emergency, medical treatment,
and any other activity incidental to the transport, but does
not include transportation--
``(1) with the intent to commit a crime punishable by
imprisonment for a term exceeding one year that involves the
use or threatened use of force against another; or
``(2) with knowledge, or reasonable cause to believe, that
such a crime is to be committed in the course of, or arising
from, the transportation.
``(c)(1) A person who is transporting a firearm or
ammunition may not be arrested or otherwise detained for
violation of any law or any rule or regulation of a State or
any political subdivision thereof related to the possession,
transportation, or carrying of firearms, unless there is
probable cause to believe that the person is doing so in a
manner not provided for in subsection (a).
``(2) When a person asserts this section as a defense in a
criminal proceeding, the prosecution shall bear the burden of
proving, beyond a reasonable doubt, that the conduct of the
person did not satisfy the conditions set forth in subsection
(a).
``(3) When a person successfully asserts this section as a
defense in a criminal proceeding, the court shall award the
prevailing defendant a reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege,
or immunity secured by this section, section 926B or 926C,
under color of any statute, ordinance, regulation, custom, or
usage of any State or any political subdivision thereof, may
bring an action in any appropriate court against any other
person, including a State or political subdivision thereof,
who causes the person to be subject to the deprivation, for
damages and other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an
action brought under paragraph (1) damages and such other
relief as the court deems appropriate, including a reasonable
attorney's fee.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended in the item relating to section 926A by
striking ``firearms'' and inserting ``firearms or
ammunition''.
Subtitle S--Gray Wolves
SEC. 2201. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN
THE WESTERN GREAT LAKES.
Before the end of the 60-day period beginning on the date
of enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on December 28, 2011 (76
Fed. Reg. 81666), without regard to any other provision of
statute or regulation that applies to issuance of such rule.
Such reissuance shall not be subject to judicial review.
SEC. 2202. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN
WYOMING.
Before the end of the 60-day period beginning on the date
of enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on September 10, 2012 (77
Fed. Reg. 55530), without regard to any other provision of
statute or regulation that applies to issuance of such rule.
Such reissuance shall not be subject to judicial review.
Subtitle T--Miscellaneous Provisions
SEC. 2211. PROHIBITION ON ISSUANCE OF FINAL RULE.
The Director of the United States Fish and Wildlife Service
shall not issue a final rule that--
(1) succeeds the proposed rule entitled ``Non-Subsistence
Take of Wildlife, and Public Participation and Closure
Procedures, on National Wildlife Refuges in Alaska'' (81 Fed.
Reg. 887 (January 8, 2016)); or
(2) is substantially similar to that proposed rule.
SEC. 2212. WITHDRAWAL OF EXISTING RULE REGARDING HUNTING AND
TRAPPING IN ALASKA.
The Director of the National Park Service shall withdraw
the final rule entitled ``Alaska; Hunting and Trapping in
National Preserves'' (80 Fed. Reg. 64325 (October 23, 2015))
by not later than 30 days after the date of the enactment of
this Act, and shall not issue a rule that is substantially
similar to that rule.
TITLE III--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION ACT
SEC. 3001. SHORT TITLE.
This title may be cited as the ``National Strategic and
Critical Minerals Production Act of 2015''.
SEC. 3002. FINDINGS.
Congress finds the following:
(1) The industrialization of developing nations has driven
demand for nonfuel minerals necessary for telecommunications,
military technologies, healthcare technologies, and
conventional and renewable energy technologies.
(2) The availability of minerals and mineral materials are
essential for economic growth, national security,
technological innovation, and the manufacturing and
agricultural supply chain.
(3) The exploration, production, processing, use, and
recycling of minerals contribute significantly to the
economic well-being, security, and general welfare of the
Nation.
(4) The United States has vast mineral resources, but is
becoming increasingly dependent upon foreign sources of these
mineral materials, as demonstrated by the following:
(A) Twenty-five years ago the United States was dependent
on foreign sources for 45 nonfuel mineral materials, 8 of
which the United States imported 100 percent of the Nation's
requirements, and for another 19 commodities the United
States imported more than 50 percent of the Nation's needs.
(B) By 2014 the United States import dependence for nonfuel
mineral materials increased from 45 to 65 commodities, 19 of
which the United States imported for 100 percent of the
Nation's requirements, and an additional 24 of which the
United States imported for more than 50 percent of the
Nation's needs.
(C) The United States share of worldwide mineral
exploration dollars was 7 percent in 2014, down from 19
percent in the early 1990s.
(D) In the 2014 Ranking of Countries for Mining Investment
(out of 25 major mining countries), found that 7- to 10-year
permitting delays are the most significant risk to mining
projects in the United States.
SEC. 3003. DEFINITIONS.
In this title:
(1) Strategic and critical minerals.--The term ``strategic
and critical minerals'' means minerals that are necessary--
(A) for national defense and national security
requirements;
(B) for the Nation's energy infrastructure, including
pipelines, refining capacity, electrical power generation and
transmission, and renewable energy production;
(C) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and transportation
infrastructure; or
(D) for the Nation's economic security and balance of
trade.
(2) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or tribal
government, or Alaska Native Corporation.
(3) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' includes--
(A) Bureau of Land Management and Forest Service
authorizations for pre-mining activities that require
environmental analyses pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) plans of operation issued by the Bureau of Land
Management and the Forest Service pursuant to 43 CFR 3809 and
36 CFR 228A or the authorities listed in 43 CFR 3503.13,
respectively, as amended from time to time.
Subtitle A--Development of Domestic Sources of Strategic and Critical
Minerals
SEC. 3011. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL
MINERALS.
Domestic mines that will provide strategic and critical
minerals shall be considered an ``infrastructure project'' as
described in Presidential order ``Improving Performance of
Federal Permitting and Review of Infrastructure Projects''
dated March 22, 2012.
SEC. 3012. RESPONSIBILITIES OF THE LEAD AGENCY.
(a) In General.--The lead agency with responsibility for
issuing a mineral exploration or mine permit shall appoint a
project lead within the lead agency who shall coordinate and
consult with cooperating agencies and any other agency
involved in the permitting process, project proponents and
contractors to ensure that agencies minimize delays, set and
adhere to timelines and schedules for completion of the
permitting process, set clear permitting goals and track
progress against those goals.
(b) Determination Under NEPA.--
(1) In general.--To the extent that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applies to the issuance of any mineral exploration or mine
permit, the requirements of such Act shall be deemed to have
been procedurally and substantively satisfied if the lead
agency determines that any State and/or Federal agency acting
pursuant to State or Federal (or both) statutory or
procedural authorities, has addressed or will address the
following factors:
(A) The environmental impact of the action to be conducted
under the permit.
(B) Possible adverse environmental effects of actions under
the permit.
(C) Possible alternatives to issuance of the permit.
(D) The relationship between local long- and short-term
uses of man's environment and the maintenance and enhancement
of long-term productivity.
(E) Any irreversible and irretrievable commitment of
resources that would be involved in the proposed action.
(F) That public participation will occur during the
decisionmaking process for authorizing actions under the
permit.
(2) Written requirement.--In reaching a determination under
paragraph (1), the lead agency shall, by no later than 90
days after receipt of an application for the permit, in a
written record of decision--
(A) explain the rationale used in reaching its
determination;
(B) state the facts in the record that are the basis for
the determination; and
(C) show that the facts in the record could allow a
reasonable person to reach the same determination as the lead
agency did.
(c) Coordination on Permitting Process.--The lead agency
with responsibility for issuing a mineral exploration or mine
permit shall enhance government coordination for the
permitting process by avoiding duplicative reviews,
minimizing paperwork, and engaging other agencies and
stakeholders early in the process. For purposes of this
subsection, the lead agency shall consider the following
practices:
(1) Deferring to and relying upon baseline data, analyses
and reviews performed by State agencies with jurisdiction
over the proposed project.
[[Page H3180]]
(2) Conducting any consultations or reviews concurrently
rather than sequentially to the extent practicable and when
such concurrent review will expedite rather than delay a
decision.
(d) Memorandum of Agency Agreement.--If requested at any
time by a State or local planning agency, the lead agency
with responsibility for issuing a mineral exploration or mine
permit, in consultation with other Federal agencies with
relevant jurisdiction in the environmental review process,
may establish memoranda of agreement with the project
sponsor, State and local governments, and other appropriate
entities to accomplish the early coordination activities
described in subsection (c).
(e) Schedule for Permitting Process.--For any project for
which the lead agency cannot make the determination described
in 102(b), at the request of a project proponent the lead
agency, cooperating agencies, and any other agencies involved
with the mineral exploration or mine permitting process shall
enter into an agreement with the project proponent that sets
time limits for each part of the permitting process,
including for the following:
(1) The decision on whether to prepare a document required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) A determination of the scope of any document required
under the National Environmental Policy Act of 1969.
(3) The scope of and schedule for the baseline studies
required to prepare a document required under the National
Environmental Policy Act of 1969.
(4) Preparation of any draft document required under the
National Environmental Policy Act of 1969.
(5) Preparation of a final document required under the
National Environmental Policy Act of 1969.
(6) Consultations required under applicable laws.
(7) Submission and review of any comments required under
applicable law.
(8) Publication of any public notices required under
applicable law.
(9) A final or any interim decisions.
(f) Time Limit for Permitting Process.--In no case should
the total review process described in subsection (d) exceed
30 months unless extended by the signatories of the
agreement.
(g) Limitation on Addressing Public Comments.--The lead
agency is not required to address agency or public comments
that were not submitted during any public comment periods or
consultation periods provided during the permitting process
or as otherwise required by law.
(h) Financial Assurance.--The lead agency will determine
the amount of financial assurance for reclamation of a
mineral exploration or mining site, which must cover the
estimated cost if the lead agency were to contract with a
third party to reclaim the operations according to the
reclamation plan, including construction and maintenance
costs for any treatment facilities necessary to meet Federal,
State or tribal environmental standards.
(i) Application to Existing Permit Applications.--This
section shall apply with respect to a mineral exploration or
mine permit for which an application was submitted before the
date of the enactment of this Act if the applicant for the
permit submits a written request to the lead agency for the
permit. The lead agency shall begin implementing this section
with respect to such application within 30 days after
receiving such written request.
(j) Strategic and Critical Minerals Within National
Forests.--With respect to strategic and critical minerals
within a federally administered unit of the National Forest
System, the lead agency shall--
(1) exempt all areas of identified mineral resources in
Land Use Designations, other than Non-Development Land Use
Designations, in existence as of the date of the enactment of
this Act from the procedures detailed at and all rules
promulgated under part 294 of title 36, Code of Federal
Regulations;
(2) apply such exemption to all additional routes and areas
that the lead agency finds necessary to facilitate the
construction, operation, maintenance, and restoration of the
areas of identified mineral resources described in paragraph
(1); and
(3) continue to apply such exemptions after approval of the
Minerals Plan of Operations for the unit of the National
Forest System.
SEC. 3013. CONSERVATION OF THE RESOURCE.
In evaluating and issuing any mineral exploration or mine
permit, the priority of the lead agency shall be to maximize
the development of the mineral resource, while mitigating
environmental impacts, so that more of the mineral resource
can be brought to the marketplace.
SEC. 3014. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION
AND MINING PROJECTS.
(a) Preparation of Federal Notices for Mineral Exploration
and Mine Development Projects.--The preparation of Federal
Register notices required by law associated with the issuance
of a mineral exploration or mine permit shall be delegated to
the organization level within the agency responsible for
issuing the mineral exploration or mine permit. All Federal
Register notices regarding official document availability,
announcements of meetings, or notices of intent to undertake
an action shall be originated and transmitted to the Federal
Register from the office where documents are held, meetings
are held, or the activity is initiated.
(b) Departmental Review of Federal Register Notices for
Mineral Exploration and Mining Projects.--Absent any
extraordinary circumstance or except as otherwise required by
any Act of Congress, each Federal Register notice described
in subsection (a) shall undergo any required reviews within
the Department of the Interior or the Department of
Agriculture and be published in its final form in the Federal
Register no later than 30 days after its initial preparation.
Subtitle B--Judicial Review of Agency Actions Relating to Exploration
and Mine Permits
SEC. 3021. DEFINITIONS FOR TITLE.
In this subtitle the term ``covered civil action'' means a
civil action against the Federal Government containing a
claim under section 702 of title 5, United States Code,
regarding agency action affecting a mineral exploration or
mine permit.
SEC. 3022. TIMELY FILINGS.
A covered civil action is barred unless filed no later than
the end of the 60-day period beginning on the date of the
final Federal agency action to which it relates.
SEC. 3023. RIGHT TO INTERVENE.
The holder of any mineral exploration or mine permit may
intervene as of right in any covered civil action by a person
affecting rights or obligations of the permit holder under
the permit.
SEC. 3024. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered
civil action as expeditiously as possible.
SEC. 3025. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or
approve any prospective relief unless the court finds that
such relief is narrowly drawn, extends no further than
necessary to correct the violation of a legal requirement,
and is the least intrusive means necessary to correct that
violation.
SEC. 3026. LIMITATION ON ATTORNEYS' FEES.
Section 504 of title 5, United States Code, and section
2412 of title 28, United States Code (together commonly
called the Equal Access to Justice Act) do not apply to a
covered civil action, nor shall any party in such a covered
civil action receive payment from the Federal Government for
their attorneys' fees, expenses, and other court costs.
Subtitle C--Miscellaneous Provisions
SEC. 3031. SECRETARIAL ORDER NOT AFFECTED.
This title shall not apply to any mineral described in
Secretarial Order No. 3324, issued by the Secretary of the
Interior on December 3, 2012, in any area to which the order
applies.
TITLE IV--NATIVE AMERICAN ENERGY ACT
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Native American Energy
Act''.
SEC. 4002. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992
(25 U.S.C. 3501 et seq.) is amended by adding at the end the
following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a
transaction involving Indian land or the trust assets of an
Indian tribe that requires the approval of the Secretary, any
appraisal relating to fair market value required to be
conducted under applicable law, regulation, or policy may be
completed by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not
later than 30 days after the date on which the Secretary
receives an appraisal conducted by or for an Indian tribe
pursuant to paragraphs (2) or (3) of subsection (a), the
Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If,
after 60 days, the Secretary has failed to approve or
disapprove any appraisal received, the appraisal shall be
deemed approved.
``(d) Option to Indian Tribes To Waive Appraisal.--
``(1) An Indian tribe wishing to waive the requirements of
subsection (a), may do so after it has satisfied the
requirements of paragraphs (2) and (3).
``(2) An Indian tribe wishing to forego the necessity of a
waiver pursuant to this section must provide to the Secretary
a written resolution, statement, or other unambiguous
indication of tribal intent, duly approved by the governing
body of the Indian tribe.
``(3) The unambiguous indication of intent provided by the
Indian tribe to the Secretary under paragraph (2) must
include an express waiver by the Indian tribe of any claims
for damages it might have against the United States as a
result of the lack of an appraisal undertaken.
``(e) Definition.--For purposes of this subsection, the
term `appraisal' includes appraisals and other estimates of
value.
``(f) Regulations.--The Secretary shall develop regulations
for implementing this section, including standards the
Secretary shall use for approving or disapproving an
appraisal.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy Act of 1992 (42 U.S.C. 13201 note) is amended
by adding at the end of the items relating to title XXVI the
following:
``Sec. 2607. Appraisal reforms.''.
SEC. 4003. STANDARDIZATION.
As soon as practicable after the date of the enactment of
this Act, the Secretary of the Interior shall implement
procedures to ensure that each agency within the Department
of the Interior that is involved in the review, approval, and
oversight of oil and gas activities on Indian lands shall use
a uniform system of reference numbers and tracking systems
for oil and gas wells.
[[Page H3181]]
SEC. 4004. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON
INDIAN LANDS.
Section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) is amended by inserting ``(a) In
General.--'' before the first sentence, and by adding at the
end the following:
``(b) Review of Major Federal Actions on Indian Lands.--
``(1) Review and comment.--
``(A) In general.--Except as provided in subparagraph (B),
the statement required under subsection (a)(2)(C) for a major
Federal action regarding an activity on Indian lands of an
Indian tribe shall only be available for review and comment
by the members of the Indian tribe, other individuals
residing within the affected area, and State, federally
recognized tribal, and local governments within the affected
area.
``(B) Exception.--Subparagraph (A) shall not apply to a
statement for a major Federal action regarding an activity on
Indian lands of an Indian tribe related to gaming under the
Indian Gaming Regulatory Act.
``(2) Regulations.--The Chairman of the Council on
Environmental Quality shall develop regulations to implement
this section, including descriptions of affected areas for
specific major Federal actions, in consultation with Indian
tribes.
``(3) Definitions.--In this subsection, each of the terms
`Indian land' and `Indian tribe' has the meaning given that
term in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501).
``(4) Clarification of authority.--Nothing in the Native
American Energy Act, except section 6 of that Act, shall give
the Secretary any additional authority over energy projects
on Alaska Native Claims Settlement Act lands.''.
SEC. 4005. JUDICIAL REVIEW.
(a) Time for Filing Complaint.--Any energy related action
must be filed not later than the end of the 60-day period
beginning on the date of the final agency action. Any energy
related action not filed within this time period shall be
barred.
(b) District Court Venue and Deadline.--All energy related
actions--
(1) shall be brought in the United States District Court
for the District of Columbia; and
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause of action
is filed.
(c) Appellate Review.--An interlocutory order or final
judgment, decree or order of the district court in an energy
related action may be reviewed by the United States Court of
Appeals for the District of Columbia Circuit. The District of
Columbia Circuit Court of Appeals shall resolve such appeal
as expeditiously as possible, and in any event not more than
180 days after such interlocutory order or final judgment,
decree or order of the district court was issued.
(d) Limitation on Certain Payments.--Notwithstanding
section 1304 of title 31, United States Code, no award may be
made under section 504 of title 5, United States Code, or
under section 2412 of title 28, United States Code, and no
amounts may be obligated or expended from the Claims and
Judgment Fund of the United States Treasury to pay any fees
or other expenses under such sections, to any person or party
in an energy related action.
(e) Legal Fees.--In any energy related action in which the
plaintiff does not ultimately prevail, the court shall award
to the defendant (including any intervenor-defendants), other
than the United States, fees and other expenses incurred by
that party in connection with the energy related action,
unless the court finds that the position of the plaintiff was
substantially justified or that special circumstances make an
award unjust. Whether or not the position of the plaintiff
was substantially justified shall be determined on the basis
of the administrative record, as a whole, which is made in
the energy related action for which fees and other expenses
are sought.
(f) Definitions.--For the purposes of this section, the
following definitions apply:
(1) Agency action.--The term ``agency action'' has the same
meaning given such term in section 551 of title 5, United
States Code.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this Act;
and
(B) seeks judicial review of a final agency action to issue
a permit, license, or other form of agency permission
allowing:
(i) any person or entity to conduct activities on Indian
Land, which activities involve the exploration, development,
production or transportation of oil, gas, coal, shale gas,
oil shale, geothermal resources, wind or solar resources,
underground coal gasification, biomass, or the generation of
electricity; or
(ii) any Indian Tribe, or any organization of two or more
entities, at least one of which is an Indian tribe, to
conduct activities involving the exploration, development,
production or transportation of oil, gas, coal, shale gas,
oil shale, geothermal resources, wind or solar resources,
underground coal gasification, biomass, or the generation of
electricity, regardless of where such activities are
undertaken.
(4) Ultimately prevail.--The phrase ``ultimately prevail''
means, in a final enforceable judgment, the court rules in
the party's favor on at least one cause of action which is an
underlying rationale for the preliminary injunction,
administrative stay, or other relief requested by the party,
and does not include circumstances where the final agency
action is modified or amended by the issuing agency unless
such modification or amendment is required pursuant to a
final enforceable judgment of the court or a court-ordered
consent decree.
SEC. 4006. TRIBAL BIOMASS DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 is amended by
inserting after section 2 (25 U.S.C. 3115a) the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2016 through
2020, the Secretary shall enter into stewardship contracts or
other agreements, other than agreements that are exclusively
direct service contracts, with Indian tribes to carry out
demonstration projects to promote biomass energy production
(including biofuel, heat, and electricity generation) on
Indian forest land and in nearby communities by providing
reliable supplies of woody biomass from Federal land.
``(b) Definitions.--The definitions in section 2 shall
apply to this section.
``(c) Demonstration Projects.--In each fiscal year for
which projects are authorized, the Secretary shall enter into
contracts or other agreements described in subsection (a) to
carry out at least 4 new demonstration projects that meet the
eligibility criteria described in subsection (d).
``(d) Eligibility Criteria.--To be eligible to enter into a
contract or other agreement under this subsection, an Indian
tribe shall submit to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be carried out
by the Indian tribe.
``(e) Selection.--In evaluating the applications submitted
under subsection (c), the Secretary--
``(1) shall take into consideration the factors set forth
in paragraphs (1) and (2) of section 2(e) of Public Law 108-
278; and whether a proposed demonstration project would--
``(A) increase the availability or reliability of local or
regional energy;
``(B) enhance the economic development of the Indian tribe;
``(C) improve the connection of electric power transmission
facilities serving the Indian tribe with other electric
transmission facilities;
``(D) improve the forest health or watersheds of Federal
land or Indian forest land or rangeland; or
``(E) otherwise promote the use of woody biomass; and
``(2) shall exclude from consideration any merchantable
logs that have been identified by the Secretary for
commercial sale.
``(f) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations
likely to be affected in developing the application and
otherwise carrying out this section.
``(g) Report.--Not later than one year subsequent to the
date of enactment of this section, the Secretary shall submit
to Congress a report that describes, with respect to the
reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(h) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a
request from an Indian tribe, the Secretary shall incorporate
into the contract or agreement, to the extent practicable,
management plans (including forest management and integrated
resource management plans) in effect on the Indian forest
land or rangeland of the respective Indian tribe.
``(i) Term.--A stewardship contract or other agreement
entered into under this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.
``SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
``The Secretary of the Interior and the Secretary of
Agriculture may carry out demonstration projects by which
federally recognized Indian tribes or tribal organizations
may contract to perform administrative, management, and other
functions of programs of the Tribal Forest Protection Act of
2004 (25 U.S.C. 3115a et seq.) through contracts entered into
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).''.
SEC. 4007. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted
after the date of the enactment of this Act, any activity
conducted or resources harvested or produced pursuant to a
tribal resource management plan or an integrated resource
management plan approved by the Secretary of the Interior
under the National Indian Forest Resources Management Act (25
U.S.C. 3101 et seq.) or the American Indian Agricultural
Resource Management Act (25 U.S.C. 3701 et seq.), shall be
considered a sustainable management practice for purposes of
any Federal standard, benefit, or requirement that requires a
demonstration of such sustainability.
SEC. 4008. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August
9, 1955 (25 U.S.C. 415(e)(1); commonly
[[Page H3182]]
referred to as the ``Long-Term Leasing Act''), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' the first place
it appears and all that follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that any such lease
may include an option to renew for one additional term not to
exceed 25 years.''.
SEC. 4009. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Department of the Interior
regarding hydraulic fracturing used in the development or
production of oil or gas resources shall have any effect on
any land held in trust or restricted status for the benefit
of Indians except with the express consent of the beneficiary
on whose behalf such land is held in trust or restricted
status.
TITLE V--NORTHPORT IRRIGATION EARLY REPAYMENT
SEC. 5001. EARLY REPAYMENT OF CONSTRUCTION COSTS.
(a) In General.--Notwithstanding section 213 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any
landowner within the Northport Irrigation District in the
State of Nebraska (referred to in this section as the
``District'') may repay, at any time, the construction costs
of project facilities allocated to the landowner's land
within the District.
(b) Applicability of Full-Cost Pricing Limitations.--On
discharge, in full, of the obligation for repayment of all
construction costs described in subsection (a) that are
allocated to all land the landowner owns in the District in
question, the parcels of land shall not be subject to the
ownership and full-cost pricing limitations under Federal
reclamation law (the Act of June 17, 1902, 32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of
that Act (43 U.S.C. 371 et seq.), including the Reclamation
Reform Act of 1982 (13 U.S.C. 390aa et seq.).
(c) Certification.--On request of a landowner that has
repaid, in full, the construction costs described in
subsection (a), the Secretary of the Interior shall provide
to the landowner a certificate described in section 213(b)(1)
of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm(b)(1)).
(d) Effect.--Nothing in this section--
(1) modifies any contractual rights under, or amends or
reopens, the reclamation contract between the District and
the United States; or
(2) modifies any rights, obligations, or relationships
between the District and landowners in the District under
Nebraska State law.
TITLE VI--OCMULGEE MOUNDS NATIONAL HISTORICAL PARK BOUNDARY REVISION
ACT
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Ocmulgee Mounds National
Historical Park Boundary Revision Act of 2016''.
SEC. 6002. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled
``Ocmulgee National Monument Proposed Boundary Adjustment,
numbered 363/125996'', and dated January 2016.
(2) Historical park.--The term ``Historical Park'' means
the Ocmulgee Mounds National Historical Park in the State of
Georgia, as redesignated in section 6003.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 6003. OCMULGEE MOUNDS NATIONAL HISTORICAL PARK.
(a) Redesignation.--Ocmulgee National Monument, established
pursuant to the Act of June 14, 1934 (48 Stat. 958), shall be
known and designated as ``Ocmulgee Mounds National Historical
Park''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to
``Ocmulgee National Monument'', other than in this Act, shall
be deemed to be a reference to ``Ocmulgee Mounds National
Historical Park''.
SEC. 6004. BOUNDARY ADJUSTMENT.
(a) In General.--The boundary of the Historical Park is
revised to include approximately 2,100 acres, as generally
depicted on the map.
(b) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, the Department of the Interior.
SEC. 6005. LAND ACQUISITION; NO BUFFER ZONES.
(a) Land Acquisition.--The Secretary is authorized to
acquire land and interests in land within the boundaries of
the Historical Park by donation or exchange only (and in the
case of an exchange, no payment may be made by the Secretary
to any landowner). The Secretary may not acquire by
condemnation any land or interest in land within the
boundaries of the Historical Park. No private property or
non-Federal public property shall be included within the
boundaries of the Historical Park without the written consent
of the owner of such property.
(b) No Buffer Zones.--Nothing in this Act, the
establishment of the Historical Park, or the management of
the Historical Park shall be construed to create buffer zones
outside of the Historical Park. That an activity or use can
be seen or heard from within the Historical Park shall not
preclude the conduct of that activity or use outside the
Historical Park.
SEC. 6006. ADMINISTRATION.
The Secretary shall administer any land acquired under
section 6005 as part of the Historical Park in accordance
with applicable laws and regulations.
SEC. 6007. OCMULGEE RIVER CORRIDOR SPECIAL RESOURCE STUDY.
(a) In General.--The Secretary shall conduct a special
resource study of the Ocmulgee River corridor between the
cities of Macon, Georgia, and Hawkinsville, Georgia, to
determine--
(1) the national significance of the study area;
(2) the suitability and feasibility of adding lands in the
study area to the National Park System; and
(3) the methods and means for the protection and
interpretation of the study area by the National Park
Service, other Federal, State, local government entities,
affiliated federally recognized Indian tribes, or private or
nonprofit organizations.
(b) Criteria.--The Secretary shall conduct the study
authorized by this Act in accordance with section 100507 of
title 54, United States Code.
(c) Results of Study.--Not later than 3 years after the
date on which funds are made available to carry out this
section, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate--
(1) the results of the study; and
(2) any findings, conclusions, and recommendations of the
Secretary.
TITLE VII--MEDGAR EVERS HOUSE STUDY ACT
SEC. 7001. SHORT TITLE.
This title may be cited as the ``Medgar Evers House Study
Act''.
SEC. 7002. SPECIAL RESOURCE STUDY.
(a) Study.--The Secretary of the Interior shall conduct a
special resource study of the home of the late civil rights
activist Medgar Evers, located at 2332 Margaret Walker
Alexander Drive in Jackson, Mississippi.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the site;
(2) determine the suitability and feasibility of
designating the site as a unit of the National Park System;
(3) consider other alternatives for preservation,
protection, and interpretation of the site by Federal, State,
or local governmental entities, or private and nonprofit
organizations;
(4) consult with interested Federal, State, or local
governmental entities, private and nonprofit organizations or
any other interested individuals;
(5) determine the effect of the designation of the site as
a unit of the National Park System on existing commercial and
recreational uses, and the effect on State and local
governments to manage those activities;
(6) identify any authorities, including condemnation, that
will compel or permit the Secretary to influence or
participate in local land use decisions (such as zoning) or
place restrictions on non-Federal land if the site is
designated a unit of the National Park System; and
(7) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(c) Applicable Law.--The study required under subsection
(a) shall be conducted in accordance with section 100507 of
title 54, United States Code.
(d) Study Results.--Not later than 3 years after the date
on which funds are first made available for the study under
subsection (a), the Secretary shall submit to the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate the
results of the study and any conclusions and recommendations
of the Secretary.
TITLE VIII--SKY POINT MOUNTAIN DESIGNATION
SEC. 8001. FINDINGS.
Congress finds the following:
(1) Staff Sergeant Sky Mote, USMC, grew up in El Dorado,
California.
(2) Staff Sergeant Mote graduated from Union Mine High
School.
(3) Upon graduation, Staff Sergeant Mote promptly enlisted
in the Marine Corps.
(4) Staff Sergeant Mote spent 9 years serving his country
in the United States Marine Corps, including a deployment to
Iraq and two deployments to Afghanistan.
(5) By his decisive actions, heroic initiative, and
resolute dedication to duty, Staff Sergeant Mote gave his
life to protect fellow Marines on August 10, 2012, by
gallantly rushing into action during an attack by a rogue
Afghan policeman inside the base perimeter in Helmand
province.
(6) Staff Sergeant Mote was awarded the Navy Cross, a
Purple Heart, the Navy-Marine Corps Commendation Medal, a
Navy-Marine Corps Achievement Medal, two Combat Action
Ribbons, and three Good Conduct Medals.
(7) The Congress of the United States, in acknowledgment of
this debt that cannot be repaid, honors Staff Sergeant Mote
for his ultimate sacrifice and recognizes his service to his
country, faithfully executed to his last, full measure of
devotion.
(8) A presently unnamed peak in the center of Humphrey
Basin holds special meaning to the friends and family of Sky
Mote, as their annual hunting trips set up camp beneath this
point; under the stars, the memories made beneath this
rounded peak will be cherished forever.
SEC. 8002. SKY POINT.
(a) Designation.--The mountain in the John Muir Wilderness
of the Sierra National Forest in California, located at
3715'16.10091"N 11843'39.54102"W, shall be known and
designated as ``Sky Point''.
(b) References.--Any reference in a law, map, regulation,
document, record, or other
[[Page H3183]]
paper of the United States to the mountain described in
subsection (a) shall be considered to be a reference to ``Sky
Point''.
TITLE IX--CHIEF STANDING BEAR TRAIL STUDY
SEC. 9001. CHIEF STANDING BEAR NATIONAL HISTORIC TRAIL
FEASIBILITY STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following:
``(46) Chief standing bear national historic trail.--
``(A) In general.--The Chief Standing Bear Trail, extending
approximately 550 miles from Niobrara, Nebraska, to Ponca
City, Oklahoma, which follows the route taken by Chief
Standing Bear and the Ponca people during Federal Indian
removal, and approximately 550 miles from Ponca City,
Oklahoma, through Omaha, Nebraska, to Niobrara, Nebraska,
which follows the return route taken by Chief Standing Bear
and the Ponca people, as generally depicted on the map
entitled `Chief Standing Bear National Historic Trail
Feasibility Study', numbered 903/125,630, and dated November
2014.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the Department of
the Interior.
``(C) Components.--The feasibility study conducted under
subparagraph (A) shall include a determination on whether the
Chief Standing Bear Trail meets the criteria described in
subsection (b) for designation as a national historic trail.
``(D) Considerations.--In conducting the feasibility study
under subparagraph (A), the Secretary of the Interior shall
consider input from owners of private land within or adjacent
to the study area.''.
TITLE X--JOHN MUIR NATIONAL HISTORIC SITE EXPANSION ACT
SEC. 10001. SHORT TITLE.
This title may be cited as the ``John Muir National
Historic Site Expansion Act''.
SEC. 10002. JOHN MUIR NATIONAL HISTORIC SITE LAND
ACQUISITION.
(a) Acquisition.--The Secretary of the Interior may acquire
by donation the approximately 44 acres of land, and interests
in such land, that are identified on the map entitled ``John
Muir National Historic Site Proposed Boundary Expansion'',
numbered 426/127150, and dated November, 2014.
(b) Boundary.--Upon the acquisition of the land authorized
by subsection (a), the Secretary of the Interior shall adjust
the boundaries of the John Muir Historic Site in Martinez,
California, to include the land identified on the map
referred to in subsection (a).
(c) Administration.--The land and interests in land
acquired under subsection (a) shall be administered as part
of the John Muir National Historic Site established by the
Act of August 31, 1964 (Public Law 88-547; 78 Stat. 753; 16
U.S.C. 461 note).
TITLE XI--ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT
SEC. 11001. SHORT TITLE.
This title may be cited as the ``Arapaho National Forest
Boundary Adjustment Act of 2015''.
SEC. 11002. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) In General.--The boundary of the Arapaho National
Forest in the State of Colorado is adjusted to incorporate
the approximately 92.95 acres of land generally depicted as
``The Wedge'' on the map entitled ``Arapaho National Forest
Boundary Adjustment'' and dated November 6, 2013, and
described as lots three, four, eight, and nine of section 13,
Township 4 North, Range 76 West, Sixth Principal Meridian,
Colorado. A lot described in this subsection may be included
in the boundary adjustment only after the Secretary of
Agriculture obtains written permission for such action from
the lot owner or owners.
(b) Bowen Gulch Protection Area.--The Secretary of
Agriculture shall include all Federal land within the
boundary described in subsection (a) in the Bowen Gulch
Protection Area established under section 6 of the Colorado
Wilderness Act of 1993 (16 U.S.C. 539j).
(c) Land and Water Conservation Fund.--For purposes of
section 200306(a)(2)(B)(i) of title 54, United States Code,
the boundaries of the Arapaho National Forest, as modified
under subsection (a), shall be considered to be the
boundaries of the Arapaho National Forest as in existence on
January 1, 1965.
(d) Public Motorized Use.--Nothing in this Act opens
privately owned lands within the boundary described in
subsection (a) to public motorized use.
(e) Access to Non-Federal Lands.--Notwithstanding the
provisions of section 6(f) of the Colorado Wilderness Act of
1993 (16 U.S.C. 539j(f)) regarding motorized travel, the
owners of any non-Federal lands within the boundary described
in subsection (a) who historically have accessed their lands
through lands now or hereafter owned by the United States
within the boundary described in subsection (a) shall have
the continued right of motorized access to their lands across
the existing roadway.
TITLE XII--PRESERVATION RESEARCH AT INSTITUTIONS SERVING MINORITIES ACT
SEC. 12001. SHORT TITLE.
This title may be cited as the ``Preservation Research at
Institutions Serving Minorities Act'' or the ``PRISM Act''.
SEC. 12002. ELIGIBILITY OF HISPANIC-SERVING INSTITUTIONS AND
ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS FOR ASSISTANCE
FOR PRESERVATION EDUCATION AND TRAINING
PROGRAMS.
Section 303903(3) of title 54, United States Code, is
amended by inserting ``to Hispanic-serving institutions (as
defined in section 502(a) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a))) and Asian American and Native American
Pacific Islander-serving institutions (as defined in section
320(b) of the Higher Education Act of 1965 (20 U.S.C.
1059g(b))),'' after ``universities,''.
TITLE XIII--ELKHORN RANCH AND WHITE RIVER NATIONAL FOREST CONVEYANCE
ACT
SEC. 13001. SHORT TITLE.
This title may be cited as the ``Elkhorn Ranch and White
River National Forest Conveyance Act of 2015''.
SEC. 13002. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER
NATIONAL FOREST, COLORADO.
(a) Land Conveyance Required.--Consistent with the purpose
of the Act of March 3, 1909 (43 U.S.C. 772), all right,
title, and interest of the United States (subject to
subsection (b)) in and to a parcel of land consisting of
approximately 148 acres as generally depicted on the map
entitled ``Elkhorn Ranch Land Parcel-White River National
Forest'' and dated March 2015 shall be conveyed by patent to
the Gordman-Leverich Partnership, a Colorado Limited
Liability Partnership (in this section referred to as
``GLP'').
(b) Existing Rights.--The conveyance under subsection (a)--
(1) is subject to the valid existing rights of the lessee
of Federal oil and gas lease COC-75070 and any other valid
existing rights; and
(2) shall reserve to the United States the right to collect
rent and royalty payments on the lease referred to in
paragraph (1) for the duration of the lease.
(c) Existing Boundaries.--The conveyance under subsection
(a) does not modify the exterior boundary of the White River
National Forest or the boundaries of Sections 18 and 19 of
Township 7 South, Range 93 West, Sixth Principal Meridian,
Colorado, as such boundaries are in effect on the date of the
enactment of this Act.
(d) Time for Conveyance; Payment of Costs.--The conveyance
directed under subsection (a) shall be completed not later
than 180 days after the date of the enactment of this Act.
The conveyance shall be without consideration, except that
all costs incurred by the Secretary of the Interior relating
to any survey, platting, legal description, or other
activities carried out to prepare and issue the patent shall
be paid by GLP to the Secretary prior to the land conveyance.
TITLE XIV--NATIONAL LIBERTY MEMORIAL CLARIFICATION ACT
SEC. 14001. SHORT TITLE.
This title may be cited as the ``National Liberty Memorial
Clarification Act of 2015''.
SEC. 14002. COMPLIANCE WITH CERTAIN STANDARDS FOR
COMMEMORATIVE WORKS IN ESTABLISHMENT OF
NATIONAL LIBERTY MEMORIAL.
Section 2860(c) of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
40 U.S.C. 8903 note) is amended by striking the period at the
end and inserting the following: ``, except that, under
subsections (a)(2) and (b) of section 8905, the Secretary of
Agriculture, rather than the Secretary of the Interior or the
Administrator of General Services, shall be responsible for
the consideration of site and design proposals and the
submission of such proposals on behalf of the sponsor to the
Commission of Fine Arts and National Capital Planning
Commission.''.
TITLE XV--CRAGS, COLORADO LAND EXCHANGE ACT
SEC. 15001. SHORT TITLE.
This title may be cited as the ``Crags, Colorado Land
Exchange Act of 2015''.
SEC. 15002. PURPOSES.
The purposes of this title are--
(1) to authorize, direct, expedite, and facilitate the land
exchange set forth herein; and
(2) to promote enhanced public outdoor recreational and
natural resource conservation opportunities in the Pike
National Forest near Pikes Peak, Colorado, via acquisition of
the non-Federal land and trail easement.
SEC. 15003. DEFINITIONS.
In this Act:
(1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a
Colorado corporation.
(2) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 83 acres of land within the Pike National
Forest, El Paso County, Colorado, together with a non-
exclusive perpetual access easement to BHI to and from such
land on Forest Service Road 371, as generally depicted on the
map entitled ``Proposed Crags Land Exchange-Federal Parcel-
Emerald Valley Ranch'', dated March 2015.
(3) Non-federal land.--The term ``non-Federal land'' means
the land and trail easement to be conveyed to the Secretary
by BHI in the exchange and is--
(A) approximately 320 acres of land within the Pike
National Forest, Teller County, Colorado, as generally
depicted on the map entitled ``Proposed Crags Land Exchange-
Non-Federal Parcel-Crags Property'', dated March 2015; and
(B) a permanent trail easement for the Barr Trail in El
Paso County, Colorado, as generally depicted on the map
entitled ``Proposed Crags Land Exchange-Barr Trail Easement
to United States'', dated March 2015, and which shall be
considered as a voluntary donation to the United States by
BHI for all purposes of law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 15004. LAND EXCHANGE.
(a) In General.--If BHI offers to convey to the Secretary
all right, title, and interest of BHI
[[Page H3184]]
in and to the non-Federal land, the Secretary shall accept
the offer and simultaneously convey to BHI the Federal land.
(b) Land Title.--Title to the non-Federal land conveyed and
donated to the Secretary under this Act shall be acceptable
to the Secretary and shall conform to the title approval
standards of the Attorney General of the United States
applicable to land acquisitions by the Federal Government.
(c) Perpetual Access Easement to BHI.--The nonexclusive
perpetual access easement to be granted to BHI as shown on
the map referred to in section 15003(2) shall allow--
(1) BHI to fully maintain, at BHI's expense, and use Forest
Service Road 371 from its junction with Forest Service Road
368 in accordance with historic use and maintenance patterns
by BHI; and
(2) full and continued public and administrative access and
use of FSR 371 in accordance with the existing Forest Service
travel management plan, or as such plan may be revised by the
Secretary.
(d) Route and Condition of Road.--BHI and the Secretary may
mutually agree to improve, relocate, reconstruct, or
otherwise alter the route and condition of all or portions of
such road as the Secretary, in close consultation with BHI,
may determine advisable.
(e) Exchange Costs.--BHI shall pay for all land survey,
appraisal, and other costs to the Secretary as may be
necessary to process and consummate the exchange directed by
this Act, including reimbursement to the Secretary, if the
Secretary so requests, for staff time spent in such
processing and consummation.
SEC. 15005. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Appraisals.--The values of the lands to be exchanged
under this Act shall be determined by the Secretary through
appraisals performed in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal
Practice;
(3) appraisal instructions issued by the Secretary; and
(4) shall be performed by an appraiser mutually agreed to
by the Secretary and BHI.
(b) Equal Value Exchange.--The values of the Federal and
non-Federal land parcels exchanged shall be equal, or if they
are not equal, shall be equalized as follows:
(1) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value
of the non-Federal land parcel identified in section
15003(3)(A), BHI shall make a cash equalization payment to
the United States as necessary to achieve equal value,
including, if necessary, an amount in excess of that
authorized pursuant to section 206(b) of the Federal Land
Policy and Management Act of l976 (43 U.S.C. 1716(b)).
(2) Use of funds.--Any cash equalization moneys received by
the Secretary under paragraph (1) shall be--
(A) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
(B) made available to the Secretary for the acquisition of
land or interests in land in Region 2 of the Forest Service.
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land parcel identified in
section 15003(3)(A) exceeds the final appraised value of the
Federal land, the United States shall not make a cash
equalization payment to BHI, and surplus value of the non-
Federal land shall be considered a donation by BHI to the
United States for all purposes of law.
(c) Appraisal Exclusions.--
(1) Special use permit.--The appraised value of the Federal
land parcel shall not reflect any increase or diminution in
value due to the special use permit existing on the date of
the enactment of this Act to BHI on the parcel and
improvements thereunder.
(2) Barr trail easement.--The Barr Trail easement donation
identified in section 15003(3)(B) shall not be appraised for
purposes of this Act.
SEC. 15006. MISCELLANEOUS PROVISIONS.
(a) Withdrawal Provisions.--
(1) Withdrawal.--Lands acquired by the Secretary under this
Act shall, without further action by the Secretary, be
permanently withdrawn from all forms of appropriation and
disposal under the public land laws (including the mining and
mineral leasing laws) and the Geothermal Steam Act of 1930
(30 U.S.C. 1001 et seq.).
(2) Withdrawal revocation.--Any public land order that
withdraws the Federal land from appropriation or disposal
under a public land law shall be revoked to the extent
necessary to permit disposal of the Federal land parcel to
BHI.
(3) Withdrawal of federal land.--All Federal land
authorized to be exchanged under this Act, if not already
withdrawn or segregated from appropriation or disposal under
the public lands laws upon enactment of this Act, is hereby
so withdrawn, subject to valid existing rights, until the
date of conveyance of the Federal land to BHI.
(b) Postexchange Land Management.--Land acquired by the
Secretary under this Act shall become part of the Pike-San
Isabel National Forest and be managed in accordance with the
laws, rules, and regulations applicable to the National
Forest System.
(c) Exchange Timetable.--It is the intent of Congress that
the land exchange directed by this Act be consummated no
later than 1 year after the date of the enactment of this
Act.
(d) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary and BHI may by mutual
agreement make minor boundary adjustments to the Federal and
non-Federal lands involved in the exchange, and may correct
any minor errors in any map, acreage estimate, or description
of any land to be exchanged.
(2) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this Act,
the map shall control unless the Secretary and BHI mutually
agree otherwise.
(3) Availability.--Upon enactment of this Act, the
Secretary shall file and make available for public inspection
in the headquarters of the Pike-San Isabel National Forest a
copy of all maps referred to in this Act.
TITLE XVI--REMOVE REVERSIONARY INTEREST IN ROCKINGHAM COUNTY LAND
SEC. 16001. REMOVAL OF USE RESTRICTION.
Public Law 101-479 (104 Stat. 1158) is amended--
(1) by striking section 2(d); and
(2) by adding at the end the following:
``SEC. 4. REMOVAL OF USE RESTRICTION.
``(a) The approximately 1-acre portion of the land referred
to in section 3 that is used for purposes of a child care
center, as authorized by this Act, shall not be subject to
the use restriction imposed in the deed referred to in
section 3.
``(b) Upon enactment of this section, the Secretary of the
Interior shall execute an instrument to carry out subsection
(a).''.
TITLE XVII--COLTSVILLE NATIONAL HISTORICAL PARK
SEC. 17001. AMENDMENT TO COLTSVILLE NATIONAL HISTORICAL PARK
DONATION SITE.
Section 3032(b) of Public Law 113-291 (16 U.S.C. 410qqq) is
amended--
(1) in paragraph (2)(B), by striking ``East Armory'' and
inserting ``Colt Armory Complex''; and
(2) by adding at the end the following:
``(4) Additional administrative conditions.--No non-Federal
property may be included in the park without the written
consent of the owner. The establishment of the park or the
management of the park shall not be construed to create
buffer zones outside of the park. That activities or uses can
be seen, heard or detected from areas within the park shall
not preclude, limit, control, regulate, or determine the
conduct or management of activities or uses outside of the
park.''.
TITLE XVIII--MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK ACT
SEC. 18001. SHORT TITLE.
This title may be cited as the ``Martin Luther King, Jr.
National Historical Park Act of 2016''.
SEC. 18002. MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK.
The Act entitled ``An Act to establish the Martin Luther
King, Junior, National Historic Site in the State of Georgia,
and for other purposes'' (Public Law 96-428) is amended--
(1) in subsection (a) of the first section, by striking
``the map entitled `Martin Luther King, Junior, National
Historic Site Boundary Map', number 489/80,013B, and dated
September 1992'' and inserting ``the map entitled `Martin
Luther King, Jr. National Historical Park Proposed Boundary
Revision', numbered 489/128,786 and dated June 2015'';
(2) by striking ``Martin Luther King, Junior, National
Historic Site'' each place it appears and inserting ``Martin
Luther King, Jr. National Historical Park'';
(3) by striking ``national historic site'' each place it
appears and inserting ``national historical park'';
(4) by striking ``historic site'' each place it appears and
inserting ``historical park''; and
(5) by striking ``historic sites'' in section 2(a) and
inserting ``historical parks''.
SEC. 18003. REFERENCES.
Any reference in a law (other than this Act), map,
regulation, document, paper, or other record of the United
States to ``Martin Luther King, Junior, National Historic
Site'' shall be deemed to be a reference to ``Martin Luther
King, Jr. National Historical Park''.
TITLE XIX--EXTENSION OF THE AUTHORIZATION FOR THE GULLAH/GEECHEE
CULTURAL HERITAGE CORRIDOR COMMISSION
SEC. 19001. EXTENSION OF THE AUTHORIZATION FOR THE GULLAH/
GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION.
Section 295D(d) of the Gullah/Geechee Cultural Heritage Act
(Public Law 109-338; 120 Stat. 1833; 16 U.S.C. 461 note) is
amended by striking ``10 years'' and inserting ``15 years''.
TITLE XX--9/11 MEMORIAL ACT
SEC. 20001. SHORT TITLE.
This title may be cited as the ``9/11 Memorial Act''.
SEC. 20002. DEFINITIONS.
For purposes of this Act:
(1) Eligible entity.--The term ``eligible entity'' means a
nonprofit organization as defined in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) in
existence on the date of enactment of this Act.
(2) Map.--The term ``map'' means the map titled ``National
September 11 Memorial Proposed Boundary'', numbered 903/
128928, and dated June 2015.
(3) National september 11 memorial.--The term ``National
September 11 Memorial'' means the area approximately bounded
by Fulton, Greenwich, Liberty and West Streets as generally
depicted on the map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 20003. DESIGNATION OF MEMORIAL.
(a) Designation.--The National September 11 Memorial is
hereby designated as a national memorial.
(b) Map.--The map shall be available for public inspection
and kept on file at the appropriate office of the Secretary.
[[Page H3185]]
(c) Effect of Designation.--The national memorial
designated under this section shall not be a unit of the
National Park System and the designation of the national
memorial shall not be construed to require or authorize
Federal funds to be expended for any purpose related to the
national memorial except as provided under section 20004.
SEC. 20004. COMPETITIVE GRANTS FOR CERTAIN MEMORIALS.
(a) Competitive Grants.--Subject to the availability of
appropriations, the Secretary may award a single grant per
year through a competitive process to an eligible entity for
the operation and maintenance of any memorial located within
the United States established to commemorate the events of
and honor--
(1) the victims of the terrorist attacks on the World Trade
Center, the Pentagon, and United Airlines Flight 93 on
September 11, 2001; and
(2) the victims of the terrorist attack on the World Trade
Center on February 26, 1993.
(b) Availability.--Funds made available under this section
shall remain available until expended.
(c) Criteria.--In awarding grants under this section, the
Secretary shall give greatest weight in the selection of
eligible entities using the following criteria:
(1) Experience in managing a public memorial that will
benefit the largest number of visitors each calendar year.
(2) Experience in managing a memorial of significant size
(4 acres or more).
(3) Successful coordination and cooperation with Federal,
State, and local governments in operating and managing the
memorial.
(4) Ability and commitment to use grant funds to enhance
security at the memorial.
(5) Ability to use grant funds to increase the numbers of
economically disadvantaged visitors to the memorial and
surrounding areas.
(d) Summaries.--Not later than 30 days after the end of
each fiscal year in which an eligible entity obligates or
expends any part of a grant under this section, the eligible
entity shall prepare and submit to the Secretary and Congress
a summary that--
(1) specifies the amount of grant funds obligated or
expended in the preceding fiscal year;
(2) specifies the purpose for which the funds were
obligated or expended; and
(3) includes any other information the Secretary may
require to more effectively administer the grant program.
(e) Sunset.--The authority to award grants under this
section shall expire on the date that is 7 years after the
date of the enactment of this Act.
TITLE XXI--KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY
ADJUSTMENT ACT
SEC. 21001. SHORT TITLE.
This title may be cited as the ``Kennesaw Mountain National
Battlefield Park Boundary Adjustment Act of 2015''.
SEC. 21002. FINDINGS.
The Congress finds the following:
(1) Kennesaw Mountain National Battlefield Park was
authorized as a unit of the National Park System on June 26,
1935. Prior to 1935, parts of the park had been acquired and
protected by Civil War veterans and the War Department.
(2) Kennesaw Mountain National Battlefield Park protects
Kennesaw Mountain and Kolb's Farm, which are battle sites
along the route of General Sherman's 1864 campaign to take
Atlanta.
(3) Most of the park protects Confederate positions and
strategy. The Wallis House is one of the few original
structures remaining from the Battle of Kennesaw Mountain
associated with Union positions and strategy.
(4) The Wallis House is strategically located next to a
Union signal station at Harriston Hill.
SEC. 21003. BOUNDARY ADJUSTMENT; LAND ACQUISITION;
ADMINISTRATION.
(a) Boundary Adjustment.--The boundary of the Kennesaw
Mountain National Battlefield Park is modified to include the
approximately 8 acres identified as ``Wallis House and
Harriston Hill'', and generally depicted on the map titled
``Kennesaw Mountain National Battlefield Park, Proposed
Boundary Adjustment'', numbered 325/80,020, and dated
February 2010.
(b) Map.--The map referred to in subsection (a) shall be on
file and available for inspection in the appropriate offices
of the National Park Service.
(c) Land Acquisition.--The Secretary of the Interior is
authorized to acquire, from willing owners only, land or
interests in land described in subsection (a) by donation or
exchange.
(d) Administration of Acquired Lands.--The Secretary of the
Interior shall administer land and interests in land acquired
under this section as part of the Kennesaw Mountain National
Battlefield Park in accordance with applicable laws and
regulations.
(e) Written Consent of Owner.--No non-Federal property may
be included in the Kennesaw Mountain National Battlefield
Park without the written consent of the owner. This provision
shall apply only to those portions of the Park added under
subsection (a).
(f) No Use of Condemnation.--The Secretary of the Interior
may not acquire by condemnation any land or interests in land
under this Act or for the purposes of this Act.
(g) No Buffer Zone Created.--Nothing in this Act, the
establishment of the Kennesaw Mountain National Battlefield
Park, or the management plan for the Kennesaw Mountain
National Battlefield Park shall be construed to create buffer
zones outside of the Park. That activities or uses can be
seen, heard, or detected from areas within the Kennesaw
Mountain National Battlefield Park shall not preclude, limit,
control, regulate or determine the conduct or management of
activities or uses outside the Park.
TITLE XXII--VEHICLE ACCESS AT DELAWARE WATER GAP NATIONAL RECREATION
AREA
SEC. 22001. VEHICULAR ACCESS AND FEES.
Section 4 of the Delaware Water Gap National Recreation
Area Improvement Act (Public Law 109-156) is amended to read
as follows:
``SEC. 4. USE OF CERTAIN ROADS WITHIN THE RECREATION AREA.
``(a) In General.--Except as otherwise provided in this
section, Highway 209, a federally owned road within the
boundaries of the Recreation Area, shall be closed to all
commercial vehicles.
``(b) Exception for Local Business Use.--Until September
30, 2020, subsection (a) shall not apply with respect to the
use of commercial vehicles that have four or fewer axles and
are--
``(1) owned and operated by a business physically located
in--
``(A) the Recreation Area; or
``(B) one or more adjacent municipalities; or
``(2) necessary to provide services to businesses or
persons located in--
``(A) the Recreation Area; or
``(B) one of more adjacent municipalities.
``(c) Fee.--The Secretary shall establish a fee and permit
program for the use by commercial vehicles of Highway 209
under subsection (b). The program shall include an annual fee
not to exceed $200 per vehicle. All fees received under the
program shall be set aside in a special account and be
available, without further appropriation, to the Secretary
for the administration and enforcement of the program,
including registering vehicles, issuing permits and vehicle
identification stickers, and personnel costs.
``(d) Exceptions.--The following vehicles may use Highway
209 and shall not be subject to a fee or permit requirement
under subsection (c):
``(1) Local school buses.
``(2) Fire, ambulance, and other safety and emergency
vehicles.
``(3) Commercial vehicles using Federal Road Route 209,
from--
``(A) Milford to the Delaware River Bridge leading to U.S.
Route 206 in New Jersey; and
``(B) mile 0 of Federal Road Route 209 to Pennsylvania
State Route 2001.''.
SEC. 22002. DEFINITIONS.
Section 2 of the Delaware Water Gap National Recreation
Area Improvement Act (Public Law 109-156) is amended--
(1) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively; and
(2) by inserting before paragraph (2) (as so redesignated
by paragraph (1) of this section) the following:
``(1) Adjacent municipalities.--The term `adjacent
municipalities' means Delaware Township, Dingman Township,
Lehman Township, Matamoras Borough, Middle Smithfield
Township, Milford Borough, Milford Township, Smithfield
Township and Westfall Township, in Pennsylvania.''.
SEC. 22003. CONFORMING AMENDMENT.
Section 702 of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333) is repealed.
TITLE XXIII--GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE ACT
SEC. 23001. SHORT TITLE.
This title may be cited as the ``Gulf Islands National
Seashore Land Exchange Act of 2016''.
SEC. 23002. LAND EXCHANGE, GULF ISLANDS NATIONAL SEASHORE,
JACKSON COUNTY, MISSISSIPPI.
(a) Land Exchange Authorized.--The Secretary of the
Interior, acting through the Director of the National Park
Service (in this section referred to as the ``Secretary'')
may convey to the Veterans of Foreign Wars Post 5699 (in this
section referred to as the ``Post'') all right, title, and
interest of the United States in and to a parcel of real
property, consisting of approximately 1.542 acres and located
within the Gulf Islands National Seashore in Jackson County,
Mississippi, section 34, township 7 north, range 8 east.
(b) Land To Be Acquired.--In exchange for the property
described in subsection (a), the Post shall convey to the
Secretary all right, title, and interest of the Post in and
to a parcel of real property, consisting of approximately
2.161 acres and located in Jackson County, Mississippi,
section 34, township 7 north, range 8 east.
(c) Equal Value Exchange.--The values of the parcels of
real property to be exchanged under this section are deemed
to be equal.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the Post
to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for such costs incurred by the
Secretary, to carry out the land exchange under this section,
including survey costs, costs related to environmental
documentation, and any other administrative costs related to
the land exchange. If amounts are collected from the
Secretary in advance of the Secretary incurring the actual
costs and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the land exchange, the
Secretary shall refund the excess amount to the Post.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the land exchange. Amounts
so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Description of Property.--The exact acreage and legal
description of property to be
[[Page H3186]]
exchanged under this section shall be determined by surveys
satisfactory to the Secretary and the Post.
(f) Conveyance Agreement.--The exchange of real property
under this section shall be accomplished using a quit claim
deed or other legal instrument and upon terms and conditions
mutually satisfactory to the Secretary and the Post,
including such additional terms and conditions as the
Secretary considers appropriate to protect the interests of
the United States.
(g) Treatment of Acquired Land.--Land and interests in land
acquired by the United States under subsection (b) shall be
administered by the Secretary as part of the Gulf Islands
National Seashore.
(h) Modification of Boundary.--Upon completion of the land
exchange under this section, the Secretary shall modify the
boundary of the Gulf Islands National Seashore to reflect
such land exchange.
TITLE XXIV--KOREAN WAR VETERANS MEMORIAL WALL OF REMEMBRANCE ACT
SEC. 24001. SHORT TITLE.
This title may be cited as the ``Korean War Veterans
Memorial Wall of Remembrance Act of 2016''.
SEC. 24002. WALL OF REMEMBRANCE.
Section 1 of the Act titled ``An Act to authorize the
erection of a memorial on Federal Land in the District of
Columbia and its environs to honor members of the Armed
Forces of the United States who served in the Korean War'',
approved October 25, 1986 (Public Law 99-572), is amended by
adding at the end the following:
``Such memorial shall include a Wall of Remembrance, which
shall be constructed without the use of Federal funds. The
American Battle Monuments Commission shall request and
consider design recommendations from the Korean War Veterans
Memorial Foundation, Inc. for the establishment of the Wall
of Remembrance. The Wall of Remembrance shall include--
``(1) a list by name of members of the Armed Forces of the
United States who died in theatre in the Korean War;
``(2) the number of members of the Armed Forces of the
United States who, in regards to the Korean War--
``(A) were wounded in action;
``(B) are listed as missing in action; or
``(C) were prisoners of war; and
``(3) the number of members of the Korean Augmentation to
the United States Army, the Republic of Korea Armed Forces,
and the other nations of the United Nations Command who, in
regards to the Korean War--
``(A) were killed in action;
``(B) were wounded in action;
``(C) are listed as missing in action; or
``(D) were prisoners of war.''.
TITLE XXV--NATIONAL FOREST SMALL TRACTS ACT AMENDMENTS ACT
SEC. 25001. SHORT TITLE.
This title may be cited as the ``National Forest Small
Tracts Act Amendments Act of 2015''.
SEC. 25002. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF
SMALL PARCELS OF NATIONAL FOREST SYSTEM LAND.
(a) Increase in Maximum Value of Small Parcels.--Section 3
of Public Law 97-465 (commonly known as the Small Tracts Act;
16 U.S.C. 521e) is amended in the matter preceding paragraph
(1) by striking ``$150,000'' and inserting ``$500,000''.
(b) Additional Conveyance Purposes.--Section 3 of Public
Law 97-465 (16 U.S.C. 521e) is further amended--
(1) in the matter preceding paragraph (1), by striking
``which are--'' and inserting ``which involve any one of the
following:'';
(2) in paragraph (1)--
(A) by striking ``parcels'' and inserting ``Parcels''; and
(B) by striking the semicolon at the end and inserting a
period;
(3) in paragraph (2)--
(A) by striking ``parcels'' the first place it appears and
inserting ``Parcels''; and
(B) by striking ``; or'' at the end and inserting a period;
(4) in paragraph (3), by striking ``road'' and inserting
``Road''; and
(5) by adding at the end the following new paragraphs:
``(4) Parcels of 40 acres or less which are determined by
the Secretary to be physically isolated, to be inaccessible,
or to have lost their National Forest character.
``(5) Parcels of 10 acres or less which are not eligible
for conveyance under paragraph (2), but which are encroached
upon by permanent habitable improvements for which there is
no evidence that the encroachment was intentional or
negligent.
``(6) Parcels used as a cemetery, a landfill, or a sewage
treatment plant under a special use authorization issued by
the Secretary. In the case of a cemetery expected to reach
capacity within 10 years, the sale, exchange, or interchange
may include, in the sole discretion of the Secretary, up to 1
additional acre abutting the permit area to facilitate
expansion of the cemetery.''.
(c) Disposition of Proceeds.--Section 2 of Public Law 97-
465 (16 U.S.C. 521d) is amended--
(1) by striking ``The Secretary is authorized'' and
inserting the following:
``(a) Conveyance Authority; Consideration.--The Secretary
is authorized'';
(2) by striking ``The Secretary shall insert'' and
inserting the following:
``(b) Inclusion of Terms, Covenants, Conditions, and
Reservations.--The Secretary shall insert'';
(3) by striking ``convenants'' and inserting ``covenants'';
and
(4) by adding at the end the following new subsection:
``(c) Disposition of Proceeds.--
``(1) Deposit in sisk fund.--The net proceeds derived from
any sale or exchange conducted under the authority of
paragraph (4), (5), or (6) of section 3 shall be deposited in
the fund established by Public Law 90-171 (commonly known as
the Sisk Act; 16 U.S.C. 484a).
``(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended for--
``(A) the acquisition of land or interests in land for
administrative sites for the National Forest System in the
State from which the amounts were derived;
``(B) the acquisition of land or interests in land for
inclusion in the National Forest System in that State,
including land or interests in land which enhance
opportunities for recreational access;
``(C) the performance of deferred maintenance on
administrative sites for the National Forest System in that
State or other deferred maintenance activities in that State
which enhance opportunities for recreational access; or
``(D) the reimbursement of the Secretary for costs incurred
in preparing a sale conducted under the authority of section
3 if the sale is a competitive sale.''.
TITLE XXVI--WESTERN OREGON TRIBAL FAIRNESS ACT
SEC. 26001. SHORT TITLE.
This title may be cited as the ``Western Oregon Tribal
Fairness Act''.
Subtitle A--Cow Creek Umpqua Land Conveyance
SEC. 26011. SHORT TITLE.
This subtitle may be cited as the ``Cow Creek Umpqua Land
Conveyance Act''.
SEC. 26012. DEFINITIONS.
In this subtitle:
(1) Council creek land.--The term ``Council Creek land''
means the approximately 17,519 acres of land, as generally
depicted on the map entitled ``Canyon Mountain Land
Conveyance'' and dated June 27, 2013.
(2) Tribe.--The term ``Tribe'' means the Cow Creek Band of
Umpqua Tribe of Indians.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 26013. CONVEYANCE.
(a) In General.--Subject to valid existing rights,
including rights-of-way, all right, title, and interest of
the United States in and to the Council Creek land, including
any improvements located on the land, appurtenances to the
land, and minerals on or in the land, including oil and gas,
shall be--
(1) held in trust by the United States for the benefit of
the Tribe; and
(2) part of the reservation of the Tribe.
(b) Survey.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).
SEC. 26014. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Council Creek land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed
under subsection (a) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical or typographical errors in the map or
legal description.
(c) Public Availability.--The map and legal description
filed under subsection (a) shall be on file and available for
public inspection in the Office of the Secretary.
SEC. 26015. ADMINISTRATION.
(a) In General.--Unless expressly provided in this
subtitle, nothing in this subtitle affects any right or claim
of the Tribe existing on the date of enactment of this Act to
any land or interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed
logs that are harvested from the Council Creek land.
(2) Non-permissible use of land.--Any real property taken
into trust under section 26013 shall not be eligible, or
used, for any gaming activity carried out under Public Law
100-497 (25 U.S.C. 2701 et seq.).
(c) Forest Management.--Any forest management activity that
is carried out on the Council Creek land shall be managed in
accordance with all applicable Federal laws.
SEC. 26016. LAND RECLASSIFICATION.
(a) Identification of Oregon and California Railroad Grant
Land.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture and the Secretary
shall identify any Oregon and California Railroad grant land
that is held in trust by the United States for the benefit of
the Tribe under section 26013.
(b) Identification of Public Domain Land.--Not later than
18 months after the date of enactment of this Act, the
Secretary shall identify public domain land in the State of
Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
and publish in the Federal Register one or more maps
depicting the land identified in subsections (a) and (b).
(d) Reclassification.--
[[Page H3187]]
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified
in subsection (b) as Oregon and California Railroad grant
land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon
and California Railroad grant land under paragraph (1).
Subtitle B--Coquille Forest Fairness
SEC. 26021. SHORT TITLE.
This subtitle may be cited as the ``Coquille Forest
Fairness Act''.
SEC. 26022. AMENDMENTS TO COQUILLE RESTORATION ACT.
Section 5(d) of the Coquille Restoration Act (25 U.S.C.
715c(d)) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Management.--
``(A) In general.--Subject to subparagraph (B), the
Secretary, acting through the Assistant Secretary for Indian
Affairs, shall manage the Coquille Forest in accordance with
the laws pertaining to the management of Indian trust land.
``(B) Administration.--
``(i) Unprocessed logs.--Unprocessed logs harvested from
the Coquille Forest shall be subject to the same Federal
statutory restrictions on export to foreign nations that
apply to unprocessed logs harvested from Federal land.
``(ii) Sales of timber.--Notwithstanding any other
provision of law, all sales of timber from land subject to
this subsection shall be advertised, offered, and awarded
according to competitive bidding practices, with sales being
awarded to the highest responsible bidder.'';
(2) by striking paragraph (9); and
(3) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively.
Subtitle C--Oregon Coastal Lands
SEC. 26031. SHORT TITLE.
This subtitle may be cited as the ``Oregon Coastal Lands
Act''.
SEC. 26032. DEFINITIONS.
In this subtitle:
(1) Confederated tribes.--The term ``Confederated Tribes''
means the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
(2) Oregon coastal land.--The term ``Oregon Coastal land''
means the approximately 14,408 acres of land, as generally
depicted on the map entitled ``Oregon Coastal Land
Conveyance'' and dated March 27, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 26033. CONVEYANCE.
(a) In General.--Subject to valid existing rights,
including rights-of-way, all right, title, and interest of
the United States in and to the Oregon Coastal land,
including any improvements located on the land, appurtenances
to the land, and minerals on or in the land, including oil
and gas, shall be--
(1) held in trust by the United States for the benefit of
the Confederated Tribes; and
(2) part of the reservation of the Confederated Tribes.
(b) Survey.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).
SEC. 26034. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Oregon Coastal land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed
under subsection (a) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical or typographical errors in the map or
legal description.
(c) Public Availability.--The map and legal description
filed under subsection (a) shall be on file and available for
public inspection in the Office of the Secretary.
SEC. 26035. ADMINISTRATION.
(a) In General.--Unless expressly provided in this
subtitle, nothing in this subtitle affects any right or claim
of the Confederated Tribes existing on the date of enactment
of this Act to any land or interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed
logs that are harvested from the Oregon Coastal land taken
into trust under section 26033.
(2) Non-permissible use of land.--Any real property taken
into trust under section 26033 shall not be eligible, or
used, for any gaming activity carried out under Public Law
100-497 (25 U.S.C. 2701 et seq.).
(c) Laws Applicable to Commercial Forestry Activity.--Any
commercial forestry activity that is carried out on the
Oregon Coastal land taken into trust under section 26033
shall be managed in accordance with all applicable Federal
laws.
(d) Agreements.--The Confederated Tribes shall consult with
the Secretary and other parties as necessary to develop
agreements to provide for access to the Oregon Coastal land
taken into trust under section 26033 that provide for--
(1) honoring existing reciprocal right-of-way agreements;
(2) administrative access by the Bureau of Land Management;
and
(3) management of the Oregon Coastal lands that are
acquired or developed under chapter 2003 of title 54, United
States Code (commonly known as the ``Land and Water
Conservation Fund Act of 1965''), consistent with section
200305(f)(3) of that title.
(e) Land Use Planning Requirements.--Except as provided in
subsection (c), once the Oregon Coastal land is taken into
trust under section 26033, the land shall not be subject to
the land use planning requirements of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the
Act of August 28, 1937 (43 U.S.C. 1181a et seq.).
SEC. 26036. LAND RECLASSIFICATION.
(a) Identification of Oregon and California Railroad Grant
Land.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture and the Secretary
shall identify any Oregon and California Railroad grant land
that is held in trust by the United States for the benefit of
the Confederated Tribes under section 26033.
(b) Identification of Public Domain Land.--Not later than
18 months after the date of enactment of this Act, the
Secretary shall identify public domain land in the State of
Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
and publish in the Federal Register one or more maps
depicting the land identified in subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified
in subsection (b) as Oregon and California Railroad grant
land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon
and California Railroad grant land under paragraph (1).
DIVISION D--SCIENCE
TITLE V--DEPARTMENT OF ENERGY SCIENCE
SEC. 501. MISSION.
Section 209 of the Department of Energy Organization Act
(42 U.S.C. 7139) is amended by adding at the end the
following:
``(c) Mission.--The mission of the Office of Science shall
be the delivery of scientific discoveries, capabilities, and
major scientific tools to transform the understanding of
nature and to advance the energy, economic, and national
security of the United States. In support of this mission,
the Director shall carry out programs on basic energy
sciences, advanced scientific computing research, high energy
physics, biological and environmental research, fusion energy
sciences, and nuclear physics, including as provided under
subtitle A of title V of the America COMPETES Reauthorization
Act of 2015, through activities focused on--
``(1) fundamental scientific discoveries through the study
of matter and energy;
``(2) science in the national interest, including--
``(A) advancing an agenda for American energy security
through research on energy production, storage, transmission,
efficiency, and use; and
``(B) advancing our understanding of the Earth's climate
through research in atmospheric and environmental sciences;
and
``(3) National Scientific User Facilities to deliver the
21st century tools of science, engineering, and technology
and provide the Nation's researchers with the most advanced
tools of modern science including accelerators, colliders,
supercomputers, light sources and neutron sources, and
facilities for studying materials science.
``(d) Coordination With Other Department of Energy
Programs.--The Under Secretary for Science and Energy shall
ensure the coordination of Office of Science activities and
programs with other activities of the Department.''.
SEC. 502. BASIC ENERGY SCIENCES.
(a) Program.--The Director shall carry out a program in
basic energy sciences, including materials sciences and
engineering, chemical sciences, physical biosciences, and
geosciences, for the purpose of providing the scientific
foundations for new energy technologies.
(b) Mission.--The mission of the program described in
subsection (a) shall be to support fundamental research to
understand, predict, and ultimately control matter and energy
at the electronic, atomic, and molecular levels in order to
provide the foundations for new energy technologies and to
support Department missions in energy, environment, and
national security.
(c) Basic Energy Sciences User Facilities.--The Director
shall carry out a subprogram for the development,
construction, operation, and maintenance of national user
facilities to support the program under this section. As
practicable, these facilities shall serve the needs of the
Department, industry, the academic community, and other
relevant entities to create and examine new materials and
chemical processes for the purposes of advancing new energy
technologies and improving the competitiveness of the United
States. These facilities shall include--
(1) x-ray light sources;
(2) neutron sources;
(3) nanoscale science research centers; and
(4) other facilities the Director considers appropriate,
consistent with section 209 of the Department of Energy
Organization Act (42 U.S.C. 7139).
(d) Light Source Leadership Initiative.--
(1) Establishment.--In support of the subprogram authorized
in subsection (c), the Director shall establish an initiative
to sustain and advance global leadership of light source user
facilities.
(2) Leadership strategy.--Not later than 9 months after the
date of enactment of this Act,
[[Page H3188]]
and biennially thereafter, the Director shall prepare, in
consultation with relevant stakeholders, and submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a light source leadership strategy
that--
(A) identifies, prioritizes, and describes plans for the
development, construction, and operation of light sources
over the next decade;
(B) describes plans for optimizing management and use of
existing light source facilities; and
(C) assesses the international outlook for light source
user facilities and describes plans for United States
cooperation in such projects.
(3) Advisory committee feedback and recommendations.--Not
later than 45 days after submission of the strategy described
in paragraph (2), the Basic Energy Sciences Advisory
Committee shall provide the Director, the Committee on
Science, Space, and Technology of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate a report of the Advisory Committee's
analyses, findings, and recommendations for improving the
strategy, including a review of the most recent budget
request for the initiative.
(4) Proposed budget.--The Director shall transmit annually
to Congress a proposed budget corresponding to the activities
identified in the strategy.
(e) Accelerator Research and Development.--The Director
shall carry out research and development on advanced
accelerator and storage ring technologies relevant to the
development of Basic Energy Sciences user facilities, in
consultation with the Office of Science's High Energy Physics
and Nuclear Physics programs.
(f) Energy Frontier Research Centers.--
(1) In general.--The Director shall carry out a program to
provide awards, on a competitive, merit-reviewed basis, to
multi-institutional collaborations or other appropriate
entities to conduct fundamental and use-inspired energy
research to accelerate scientific breakthroughs.
(2) Collaborations.--A collaboration receiving an award
under this subsection may include multiple types of
institutions and private sector entities.
(3) Selection and duration.--
(A) In general.--A collaboration under this subsection
shall be selected for a period of 5 years. An Energy Frontier
Research Center already in existence and supported by the
Director on the date of enactment of this Act may continue to
receive support for a period of 5 years beginning on the date
of establishment of that center.
(B) Reapplication.--After the end of the period described
in subparagraph (A), an awardee may reapply for selection for
a second period of 5 years on a competitive, merit-reviewed
basis.
(C) Termination.--Consistent with the existing authorities
of the Department, the Director may terminate an
underperforming center for cause during the performance
period.
(4) No funding for construction.--No funding provided
pursuant to this subsection may be used for the construction
of new buildings or facilities.
SEC. 503. ADVANCED SCIENTIFIC COMPUTING RESEARCH.
(a) Program.--The Director shall carry out a research,
development, and demonstration program to advance
computational and networking capabilities to analyze, model,
simulate, and predict complex phenomena relevant to the
development of new energy technologies and the
competitiveness of the United States.
(b) Facilities.--The Director, as part of the program
described in subsection (a), shall develop and maintain
world-class computing and network facilities for science and
deliver critical research in applied mathematics, computer
science, and advanced networking to support the Department's
missions.
(c) Definitions.--Section 2 of the Department of Energy
High-End Computing Revitalization Act of 2004 (15 U.S.C.
5541) is amended by striking paragraphs (1) through (5) and
inserting the following:
``(1) Co-design.--The term `co-design' means the joint
development of application algorithms, models, and codes with
computer technology architectures and operating systems to
maximize effective use of high-end computing systems.
``(2) Department.--The term `Department' means the
Department of Energy.
``(3) Exascale.--The term `exascale' means computing system
performance at or near 10 to the 18th power floating point
operations per second.
``(4) High-end computing system.--The term `high-end
computing system' means a computing system with performance
that substantially exceeds that of systems that are commonly
available for advanced scientific and engineering
applications.
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(6) Leadership system.--The term `leadership system'
means a high-end computing system that is among the most
advanced in the world in terms of performance in solving
scientific and engineering problems.
``(7) National laboratory.--The term `National Laboratory'
means any one of the seventeen laboratories owned by the
Department.
``(8) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(9) Software technology.--The term `software technology'
includes optimal algorithms, programming environments, tools,
languages, and operating systems for high-end computing
systems.''.
(d) Department of Energy High-End Computing Research and
Development Program.--Section 3 of the Department of Energy
High-End Computing Revitalization Act of 2004 (15 U.S.C.
5542) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``program'' and inserting
``coordinated program across the Department'';
(B) by striking ``and'' at the end of paragraph (1);
(C) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(3) partner with universities, National Laboratories, and
industry to ensure the broadest possible application of the
technology developed in this program to other challenges in
science, engineering, medicine, and industry.'';
(2) in subsection (b)(2), by striking ``vector'' and all
that follows through ``architectures'' and inserting
``computer technologies that show promise of substantial
reductions in power requirements and substantial gains in
parallelism of multicore processors, concurrency, memory and
storage, bandwidth, and reliability''; and
(3) by striking subsection (d) and inserting the following:
``(d) Exascale Computing Program.--
``(1) In general.--The Secretary shall conduct a
coordinated research program to develop exascale computing
systems to advance the missions of the Department.
``(2) Execution.--The Secretary shall, through competitive
merit review, establish two or more National Laboratory-
industry-university partnerships to conduct integrated
research, development, and engineering of multiple exascale
architectures, and--
``(A) conduct mission-related co-design activities in
developing such exascale platforms;
``(B) develop those advancements in hardware and software
technology required to fully realize the potential of an
exascale production system in addressing Department target
applications and solving scientific problems involving
predictive modeling and simulation and large-scale data
analytics and management; and
``(C) explore the use of exascale computing technologies to
advance a broad range of science and engineering.
``(3) Administration.--In carrying out this program, the
Secretary shall--
``(A) provide, on a competitive, merit-reviewed basis,
access for researchers in United States industry,
institutions of higher education, National Laboratories, and
other Federal agencies to these exascale systems, as
appropriate; and
``(B) conduct outreach programs to increase the readiness
for the use of such platforms by domestic industries,
including manufacturers.
``(4) Reports.--
``(A) Integrated strategy and program management plan.--The
Secretary shall submit to Congress, not later than 90 days
after the date of enactment of the America COMPETES
Reauthorization Act of 2015, a report outlining an integrated
strategy and program management plan, including target dates
for prototypical and production exascale platforms, interim
milestones to reaching these targets, functional
requirements, roles and responsibilities of National
Laboratories and industry, acquisition strategy, and
estimated resources required, to achieve this exascale system
capability. The report shall include the Secretary's plan for
Departmental organization to manage and execute the Exascale
Computing Program, including definition of the roles and
responsibilities within the Department to ensure an
integrated program across the Department. The report shall
also include a plan for ensuring balance and prioritizing
across ASCR subprograms in a flat or slow-growth budget
environment.
``(B) Status reports.--At the time of the budget submission
of the Department for each fiscal year, the Secretary shall
submit a report to Congress that describes the status of
milestones and costs in achieving the objectives of the
exascale computing program.
``(C) Exascale merit report.--At least 18 months prior to
the initiation of construction or installation of any
exascale-class computing facility, the Secretary shall
transmit a plan to the Congress detailing--
``(i) the proposed facility's cost projections and
capabilities to significantly accelerate the development of
new energy technologies;
``(ii) technical risks and challenges that must be overcome
to achieve successful completion and operation of the
facility; and
``(iii) an independent assessment of the scientific and
technological advances expected from such a facility relative
to those expected from a comparable investment in expanded
research and applications at terascale-class and petascale-
class computing facilities, including an evaluation of where
investments should be made in the system software and
algorithms to enable these advances.''.
SEC. 504. HIGH ENERGY PHYSICS.
(a) Program.--The Director shall carry out a research
program on the fundamental constituents of matter and energy
and the nature of space and time.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the Director should incorporate the findings and
recommendations of the Particle Physics Project
Prioritization Panel's report entitled ``Building for
Discovery: Strategic Plan for U.S. Particle Physics in the
Global Context'', into the Department's planning process as
part of the program described in subsection (a);
(2) the Director should prioritize domestically hosted
research projects that will maintain the United States
position as a global leader in particle physics and attract
the world's most talented physicists and foreign investment
for international collaboration; and
(3) the nations that lead in particle physics by hosting
international teams dedicated to a common scientific goal
attract the world's best talent and inspire future
generations of physicists and technologists.
[[Page H3189]]
(c) Neutrino Research.--As part of the program described in
subsection (a), the Director shall carry out research
activities on rare decay processes and the nature of the
neutrino, which may include collaborations with the National
Science Foundation or international collaborations.
(d) Dark Energy and Dark Matter Research.--As part of the
program described in subsection (a), the Director shall carry
out research activities on the nature of dark energy and dark
matter, which may include collaborations with the National
Aeronautics and Space Administration or the National Science
Foundation, or international collaborations.
(e) Accelerator Research and Development.--The Director
shall carry out research and development in advanced
accelerator concepts and technologies, including laser
technologies, to reduce the necessary scope and cost for the
next generation of particle accelerators. The Director shall
ensure access to national laboratory accelerator facilities,
infrastructure, and technology for users and developers of
accelerators that advance applications in energy and the
environment, medicine, industry, national security, and
discovery science.
(f) International Collaboration.--The Director, as
practicable and in coordination with other appropriate
Federal agencies as necessary, shall ensure the access of
United States researchers to the most advanced accelerator
facilities and research capabilities in the world, including
the Large Hadron Collider.
SEC. 505. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.
(a) Program.--The Director shall carry out a program of
research, development, and demonstration in the areas of
biological systems science and climate and environmental
science to support the energy and environmental missions of
the Department.
(b) Priority Research.--In carrying out this section, the
Director shall prioritize fundamental research on biological
systems and genomics science with the greatest potential to
enable scientific discovery.
(c) Assessment.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General shall submit a
report to Congress identifying climate science-related
initiatives under this section that overlap or duplicate
initiatives of other Federal agencies and the extent of such
overlap or duplication.
(d) Limitation.--The Director shall not approve new climate
science-related initiatives to be carried out through the
Office of Science without making a determination that such
work is unique and not duplicative of work by other Federal
agencies. Not later than 3 months after receiving the
assessment required under subsection (c), the Director shall
cease those climate science-related initiatives identified in
the assessment as overlapping or duplicative, unless the
Director justifies that such work is critical to achieving
American energy security.
(e) Low Dose Radiation Research Program.--
(1) In general.--The Director of the Department of Energy
Office of Science shall carry out a research program on low
dose radiation. The purpose of the program is to enhance the
scientific understanding of and reduce uncertainties
associated with the effects of exposure to low dose radiation
in order to inform improved risk management methods.
(2) Study.--Not later than 60 days after the date of
enactment of this Act, the Director shall enter into an
agreement with the National Academies to conduct a study
assessing the current status and development of a long-term
strategy for low dose radiation research. Such study shall be
completed not later than 18 months after the date of
enactment of this Act. The study shall be conducted in
coordination with Federal agencies that perform ionizing
radiation effects research and shall leverage the most
current studies in this field. Such study shall--
(A) identify current scientific challenges for
understanding the long-term effects of ionizing radiation;
(B) assess the status of current low dose radiation
research in the United States and internationally;
(C) formulate overall scientific goals for the future of
low-dose radiation research in the United States;
(D) recommend a long-term strategic and prioritized
research agenda to address scientific research goals for
overcoming the identified scientific challenges in
coordination with other research efforts;
(E) define the essential components of a research program
that would address this research agenda within the
universities and the National Laboratories; and
(F) assess the cost-benefit effectiveness of such a
program.
(3) Research plan.--Not later than 90 days after the
completion of the study performed under paragraph (2) the
Secretary of Energy shall deliver to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a 5-year research plan that responds
to the study's findings and recommendations and identifies
and prioritizes research needs.
(4) Definition.--In this subsection, the term ``low dose
radiation'' means a radiation dose of less than 100
millisieverts.
(5) Rule of construction.--Nothing in this subsection shall
be construed to subject any research carried out by the
Director under the research program under this subsection to
any limitations described in section 977(e) of the Energy
Policy Act of 2005 (42 U.S.C. 16317(e)).
SEC. 506. FUSION ENERGY.
(a) Program.--The Director shall carry out a fusion energy
sciences research program to expand the fundamental
understanding of plasmas and matter at very high temperatures
and densities and to build the scientific foundation
necessary to enable fusion power.
(b) Fusion Materials Research and Development.--As part of
the activities authorized in section 978 of the Energy Policy
Act of 2005 (42 U.S.C. 16318)--
(1) the Director, in coordination with the Assistant
Secretary for Nuclear Energy of the Department, shall carry
out research and development activities to identify,
characterize, and demonstrate materials that can endure the
neutron, plasma, and heat fluxes expected in a fusion power
system; and
(2) the Secretary shall--
(A) provide an assessment of the need for a facility or
facilities that can examine and test potential fusion and
next generation fission materials and other enabling
technologies relevant to the development of fusion power; and
(B) provide an assessment of whether a single new facility
that substantially addresses magnetic fusion and next
generation fission materials research needs is feasible, in
conjunction with the expected capabilities of facilities
operational as of the date of enactment of this Act.
(c) Tokamak Research and Development.--
(1) In general.--As part of the program described in
subsection (a), the Director shall support research and
development activities and facility operations to optimize
the tokamak approach to fusion energy.
(2) ITER.--
(A) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report providing an assessment of--
(i) the most recent schedule for ITER that has been
approved by the ITER Council; and
(ii) progress of the ITER Council and the ITER Director
General toward implementation of the recommendations of the
Third Biennial International Organization Management
Assessment Report.
(B) Fairness in competition for solicitations for
international project activities.--Section 33 of the Atomic
Energy Act of 1954 (42 U.S.C. 2053) is amended by adding at
the end the following: ``For purposes of this section, with
respect to international research projects, the term `private
facilities or laboratories' shall refer to facilities or
laboratories located in the United States.''.
(C) Sense of congress.--It is the sense of Congress that
the United States should support a robust, diverse fusion
program. It is further the sense of Congress that developing
the scientific basis for fusion, providing research results
key to the success of ITER, and training the next generation
of fusion scientists are of critical importance to the United
States and should in no way be diminished by participation of
the United States in the ITER project.
(d) Inertial Fusion Energy Research and Development
Program.--The Secretary shall carry out a program of research
and technology development in inertial fusion for energy
applications, including ion beam, laser, and pulsed power
fusion systems.
(e) Alternative and Enabling Concepts.--
(1) In general.--As part of the program described in
subsection (a), the Director shall support research and
development activities and facility operations at United
States universities, national laboratories, and private
facilities for a portfolio of alternative and enabling fusion
energy concepts that may provide solutions to significant
challenges to the establishment of a commercial magnetic
fusion power plant, prioritized based on the ability of the
United States to play a leadership role in the international
fusion research community. Fusion energy concepts and
activities explored under this paragraph may include--
(A) high magnetic field approaches facilitated by high
temperature superconductors;
(B) advanced stellarator concepts;
(C) non-tokamak confinement configurations operating at low
magnetic fields;
(D) magnetized target fusion energy concepts;
(E) liquid metals to address issues associated with fusion
plasma interactions with the inner wall of the encasing
device;
(F) immersion blankets for heat management and fuel
breeding;
(G) advanced scientific computing activities; and
(H) other promising fusion energy concepts identified by
the Director.
(2) Coordination with arpa-e.--The Under Secretary and the
Director shall coordinate with the Director of the Advanced
Research Projects Agency-Energy (in this paragraph referred
to as ``ARPA-E'') to--
(A) assess the potential for any fusion energy project
supported by ARPA-E to represent a promising approach to a
commercially viable fusion power plant;
(B) determine whether the results of any fusion energy
project supported by ARPA-E merit the support of follow-on
research activities carried out by the Office of Science; and
(C) avoid unintentional duplication of activities.
(f) General Plasma Science and Applications.--Not later
than 2 years after the date of enactment of this Act, the
Secretary shall provide to Congress an assessment of
opportunities in which the United States can provide world-
leading contributions to advancing plasma science and non-
fusion energy applications, and identify opportunities for
partnering with other Federal agencies both within and
outside of the Department of Energy.
(g) Identification of Priorities.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the Department's proposed fusion energy
research and development activities over the following 10
years under at least 3 realistic budget scenarios, including
a scenario based on 3 percent annual
[[Page H3190]]
growth in the non-ITER portion of the budget for fusion
energy research and development activities. The report
shall--
(A) identify specific areas of fusion energy research and
enabling technology development in which the United States
can and should establish or solidify a lead in the global
fusion energy development effort;
(B) identify priorities for initiation of facility
construction and facility decommissioning under each of those
scenarios; and
(C) assess the ability of the United States fusion
workforce to carry out the activities identified in
subparagraphs (A) and (B), including the adequacy of college
and university programs to train the leaders and workers of
the next generation of fusion energy researchers.
(2) Process.--In order to develop the report required under
paragraph (1), the Secretary shall leverage best practices
and lessons learned from the process used to develop the most
recent report of the Particle Physics Project Prioritization
Panel of the High Energy Physics Advisory Panel. No member of
the Fusion Energy Sciences Advisory Committee shall be
excluded from participating in developing or voting on final
approval of the report required under paragraph (1).
SEC. 507. NUCLEAR PHYSICS.
(a) Program.--The Director shall carry out a program of
experimental and theoretical research, and support associated
facilities, to discover, explore, and understand all forms of
nuclear matter.
(b) Isotope Development and Production for Research
Applications.--The Director shall carry out a program for the
production of isotopes, including the development of
techniques to produce isotopes, that the Secretary determines
are needed for research, medical, industrial, or other
purposes. In making this determination, the Secretary shall--
(1) ensure that, as has been the policy of the United
States since the publication in 1965 of Federal Register
notice 30 Fed. Reg. 3247, isotope production activities do
not compete with private industry unless critical national
interests necessitate the Federal Government's involvement;
(2) ensure that activities undertaken pursuant to this
section, to the extent practicable, promote the growth of a
robust domestic isotope production industry; and
(3) consider any relevant recommendations made by Federal
advisory committees, the National Academies, and interagency
working groups in which the Department participates.
SEC. 508. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.
(a) Program.--The Director shall carry out a program to
improve the safety, efficiency, and mission readiness of
infrastructure at Office of Science laboratories. The program
shall include projects to--
(1) renovate or replace space that does not meet research
needs;
(2) replace facilities that are no longer cost effective to
renovate or operate;
(3) modernize utility systems to prevent failures and
ensure efficiency;
(4) remove excess facilities to allow safe and efficient
operations; and
(5) construct modern facilities to conduct advanced
research in controlled environmental conditions.
(b) Approach.--In carrying out this section, the Director
shall utilize all available approaches and mechanisms,
including capital line items, minor construction projects,
energy savings performance contracts, utility energy service
contracts, alternative financing, and expense funding, as
appropriate.
SEC. 509. DOMESTIC MANUFACTURING.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall transmit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the current ability of
domestic manufacturers to meet the procurement requirements
for major ongoing projects funded by the Office of Science of
the Department, including a calculation of the percentage of
equipment acquired from domestic manufacturers for this
purpose.
SEC. 510. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2016.--There are authorized to be
appropriated to the Secretary for the Office of Science for
fiscal year 2016 $5,339,800,000, of which--
(1) $1,850,000,000 shall be for Basic Energy Science;
(2) $788,000,000 shall be for High Energy Physics;
(3) $550,000,000 shall be for Biological and Environmental
Research;
(4) $624,700,000 shall be for Nuclear Physics;
(5) $621,000,000 shall be for Advanced Scientific Computing
Research;
(6) $488,000,000 shall be for Fusion Energy Sciences;
(7) $113,600,000 shall be for Science Laboratories
Infrastructure;
(8) $181,000,000 shall be for Science Program Direction;
(9) $103,000,000 shall be for Safeguards and Security; and
(10) $20,500,000 shall be for Workforce Development for
Teachers and Scientists.
(b) Fiscal Year 2017.--There are authorized to be
appropriated to the Secretary for the Office of Science for
fiscal year 2017 $5,339,800,000, of which--
(1) $1,850,000,000 shall be for Basic Energy Science;
(2) $788,000,000 shall be for High Energy Physics;
(3) $550,000,000 shall be for Biological and Environmental
Research;
(4) $624,700,000 shall be for Nuclear Physics;
(5) $621,000,000 shall be for Advanced Scientific Computing
Research;
(6) $488,000,000 shall be for Fusion Energy Sciences;
(7) $113,600,000 shall be for Science Laboratories
Infrastructure;
(8) $181,000,000 shall be for Science Program Direction;
(9) $103,000,000 shall be for Safeguards and Security; and
(10) $20,500,000 shall be for Workforce Development for
Teachers and Scientists.
SEC. 511. DEFINITIONS.
In this title--
(1) the term ``Department'' means the Department of Energy;
(2) the term ``Director'' means the Director of the Office
of Science of the Department; and
(3) the term ``Secretary'' means the Secretary of Energy.
TITLE VI--DEPARTMENT OF ENERGY APPLIED RESEARCH AND DEVELOPMENT
Subtitle A--Crosscutting Research and Development
SEC. 601. CROSSCUTTING RESEARCH AND DEVELOPMENT.
(a) Crosscutting Research and Development.--The Secretary
shall, through the Under Secretary for Science and Energy,
utilize the capabilities of the Department to identify
strategic opportunities for collaborative research,
development, demonstration, and commercial application of
innovative science and technologies for--
(1) advancing the understanding of the energy-water-land
use nexus;
(2) modernizing the electric grid by improving energy
transmission and distribution systems security and
resiliency;
(3) utilizing supercritical carbon dioxide in electric
power generation;
(4) subsurface technology and engineering;
(5) high performance computing;
(6) cybersecurity; and
(7) critical challenges identified through comprehensive
energy studies, evaluations, and reviews.
(b) Crosscutting Approaches.--To the maximum extent
practicable, the Secretary shall seek to leverage existing
programs, and consolidate and coordinate activities,
throughout the Department to promote collaboration and
crosscutting approaches within programs.
(c) Additional Actions.--The Secretary shall--
(1) prioritize activities that promote the utilization of
all affordable domestic resources;
(2) develop a rigorous and realistic planning, evaluation,
and technical assessment framework for setting objective,
long-term strategic goals and evaluating progress that
ensures the integrity and independence to insulate planning
from political influence and the flexibility to adapt to
market dynamics;
(3) ensure that activities shall be undertaken in a manner
that does not duplicate other activities within the
Department or other Federal Government activities; and
(4) identify programs that may be more effectively left to
the States, industry, nongovernmental organizations,
institutions of higher education, or other stakeholders.
SEC. 602. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND
COORDINATION PLAN.
Section 994 of Energy Policy Act of 2005 (42 U.S.C. 16358)
is amended to read as follows:
``SEC. 994. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND
COORDINATION PLAN.
``(a) In General.--The Secretary shall periodically review
all of the science and technology activities of the
Department in a strategic framework that takes into account
the frontiers of science to which the Department can
contribute, the national needs relevant to the Department's
statutory missions, and global energy dynamics.
``(b) Coordination Analysis and Plan.--As part of the
review under subsection (a), the Secretary shall develop a
plan to improve coordination and collaboration in research,
development, demonstration, and commercial application
activities across Department organizational boundaries.
``(c) Plan Contents.--The plan shall describe--
``(1) crosscutting scientific and technical issues and
research questions that span more than one program or major
office of the Department;
``(2) how the applied technology programs of the Department
are coordinating their activities, and addressing those
questions;
``(3) ways in which the technical interchange within the
Department, particularly between the Office of Science and
the applied technology programs, can be enhanced, including
limited ways in which the research agendas of the Office of
Science and the applied programs can better interact and
assist each other;
``(4) a description of how the Secretary will ensure that
the Department's overall research agenda include, in addition
to fundamental, curiosity-driven research, fundamental
research related to topics of concern to the applied
programs, and applications in Departmental technology
programs of research results generated by fundamental,
curiosity-driven research;
``(5) critical assessments of any ongoing programs that
have experienced sub-par performance or cost over-runs of 10
percent or more over 1 or more years;
``(6) activities that may be more effectively left to the
States, industry, nongovernmental organizations, institutions
of higher education, or other stakeholders; and
``(7) detailed proposals for innovation hubs, institutes,
and research centers prior to establishment or renewal by the
Department, including--
``(A) certification that all hubs, institutes, and research
centers will advance the mission of
[[Page H3191]]
the Department, and prioritize research, development, and
demonstration;
``(B) certification that the establishment or renewal of
hubs, institutes, or research centers will not diminish funds
available for basic research and development within the
Office of Science; and
``(C) certification that all hubs, institutes, and research
centers established or renewed within the Office of Science
are consistent with the mission of the Office of Science as
described in section 209(c) of the Department of Energy
Organization Act (42 U.S.C. 7139(c)).
``(d) Plan Transmittal.--Not later than 1 year after the
date of enactment of the America COMPETES Reauthorization Act
of 2015, and every 4 years thereafter, the Secretary shall
transmit to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate the results of the review
under subsection (a) and the coordination plan under
subsection (b).''.
SEC. 603. STRATEGY FOR FACILITIES AND INFRASTRUCTURE.
(a) Amendments.--Section 993 of the Energy Policy Act of
2005 (42 U.S.C. 16357) is amended--
(1) by amending the section heading to read as follows:
``STRATEGY FOR FACILITIES AND INFRASTRUCTURE''; and
(2) in subsection (b)(1), by striking ``2008'' and
inserting ``2018''.
(b) Table of Contents Amendment.--The item relating to
section 993 in the table of contents of the Energy Policy Act
of 2005 is amended to read as follows:
``Sec. 993. Strategy for facilities and infrastructure.''.
SEC. 604. ENERGY INNOVATION HUBS.
(a) Authorization of Program.--
(1) In general.--The Secretary of Energy shall carry out a
program to enhance the Nation's economic, environmental, and
energy security by making awards to consortia for
establishing and operating Energy Innovation Hubs to conduct
and support, whenever practicable at one centralized
location, multidisciplinary, collaborative research,
development, and demonstration of advanced energy
technologies.
(2) Technology development focus.--The Secretary shall
designate for each Hub a unique advanced energy technology
focus.
(3) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of Hubs with those of other Department of Energy
research entities, including the National Laboratories, the
Advanced Research Projects Agency-Energy, Energy Frontier
Research Centers, and within industry.
(b) Consortia.--
(1) Eligibility.--To be eligible to receive an award under
this section for the establishment and operation of a Hub, a
consortium shall--
(A) be composed of no fewer than two qualifying entities;
and
(B) operate subject to an agreement entered into by its
members that documents--
(i) the proposed partnership agreement, including the
governance and management structure of the Hub;
(ii) measures to enable cost-effective implementation of
the program under this section;
(iii) a proposed budget, including financial contributions
from non-Federal sources;
(iv) a plan for managing intellectual property rights; and
(v) an accounting structure that enables the Secretary to
ensure that the consortium has complied with the requirements
of this section.
(2) Application.--A consortium seeking to establish and
operate a Hub under this section, acting through a prime
applicant, shall transmit to the Secretary an application at
such time, in such form, and accompanied by such information
as the Secretary shall require, including a detailed
description of the elements of the consortium agreement
required under paragraph (1)(B). If the consortium members
will not be located at one centralized location, such
application shall include a communications plan that ensures
close coordination and integration of the Hub's activities.
(c) Selection and Schedule.--The Secretary shall select
consortia for awards for the establishment and operation of
Hubs through competitive selection processes. In selecting
consortia, the Secretary shall consider the information a
consortium must disclose according to subsection (b), as well
as any existing facilities a consortium will provide for Hub
activities. Awards made to a Hub shall be for a period not to
exceed 5 years, subject to the availability of
appropriations, after which the award may be renewed, subject
to a rigorous merit review. A Hub already in existence on the
date of enactment of this Act may continue to receive support
for a period of 5 years, subject to the availability of
appropriations, beginning on the date of establishment of
that Hub.
(d) Hub Operations.--
(1) In general.--Each Hub shall conduct or provide for
multidisciplinary, collaborative research, development, and
demonstration of advanced energy technologies within the
technology development focus designated under subsection
(a)(2). Each Hub shall--
(A) encourage collaboration and communication among the
member qualifying entities of the consortium and awardees by
conducting activities whenever practicable at one centralized
location;
(B) develop and publish on the Department of Energy's
website proposed plans and programs;
(C) submit an annual report to the Secretary summarizing
the Hub's activities, including detailing organizational
expenditures, and describing each project undertaken by the
Hub; and
(D) monitor project implementation and coordination.
(2) Conflicts of interest.--
(A) Procedures.--Hubs shall maintain conflict of interest
procedures, consistent with those of the Department of
Energy, to ensure that employees and consortia designees for
Hub activities who are in decisionmaking capacities disclose
all material conflicts of interest, and avoid such conflicts.
(B) Disqualification and revocation.--The Secretary may
disqualify an application or revoke funds distributed to a
Hub if the Secretary discovers a failure to comply with
conflict of interest procedures established under
subparagraph (A).
(3) Prohibition on construction.--
(A) In general.--No funds provided pursuant to this section
may be used for construction of new buildings or facilities
for Hubs. Construction of new buildings or facilities shall
not be considered as part of the non-Federal share of a Hub
cost-sharing agreement.
(B) Test bed and renovation exception.--Nothing in this
subsection shall prohibit the use of funds provided pursuant
to this section, or non-Federal cost share funds, for
research or for the construction of a test bed or renovations
to existing buildings or facilities for the purposes of
research if the Secretary determines that the test bed or
renovations are limited to a scope and scale necessary for
the research to be conducted.
(e) Termination.--Consistent with the existing authorities
of the Department, the Secretary may terminate an
underperforming Hub for cause during the performance period.
(f) Definitions.--For purposes of this section:
(1) Advanced energy technology.--The term ``advanced energy
technology'' means--
(A) an innovative technology--
(i) that produces energy from solar, wind, geothermal,
biomass, tidal, wave, ocean, or other renewable energy
resources;
(ii) that produces nuclear energy;
(iii) for carbon capture and sequestration;
(iv) that enables advanced vehicles, vehicle components,
and related technologies that result in significant energy
savings;
(v) that generates, transmits, distributes, utilizes, or
stores energy more efficiently than conventional
technologies, including through Smart Grid technologies; or
(vi) that enhances the energy independence and security of
the United States by enabling improved or expanded supply and
production of domestic energy resources, including coal, oil,
and natural gas;
(B) research, development, and demonstration activities
necessary to ensure the long-term, secure, and sustainable
supply of energy critical elements; or
(C) another innovative energy technology area identified by
the Secretary.
(2) Hub.--The term ``Hub'' means an Energy Innovation Hub
established or operating in accordance with this section,
including any Energy Innovation Hub existing as of the date
of enactment of this Act.
(3) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education;
(B) an appropriate State or Federal entity, including the
Department of Energy Federally Funded Research and
Development Centers;
(C) a nongovernmental organization with expertise in
advanced energy technology research, development,
demonstration, or commercial application; or
(D) any other relevant entity the Secretary considers
appropriate.
Subtitle B--Electricity Delivery and Energy Reliability Research and
Development
SEC. 611. DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS.
Section 921 of the Energy Policy Act of 2005 (42 U.S.C.
16211) is amended to read as follows:
``SEC. 921. DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS.
``(a) In General.--The Secretary shall carry out programs
of research, development, demonstration, and commercial
application on distributed energy resources and systems
reliability and efficiency, to improve the reliability and
efficiency of distributed energy resources and systems,
integrating advanced energy technologies with grid
connectivity, including activities described in this
subtitle. The programs shall address advanced energy
technologies and systems and advanced grid security,
resiliency, and reliability technologies.
``(b) Objectives.--To the maximum extent practicable, the
Secretary shall seek to--
``(1) leverage existing programs;
``(2) consolidate and coordinate activities throughout the
Department to promote collaboration and crosscutting
approaches;
``(3) ensure activities are undertaken in a manner that
does not duplicate other activities within the Department or
other Federal Government activities; and
``(4) identify programs that may be more effectively left
to the States, industry, nongovernmental organizations,
institutions of higher education, or other stakeholders.''.
SEC. 612. ELECTRIC TRANSMISSION AND DISTRIBUTION RESEARCH AND
DEVELOPMENT.
(a) Amendments.--Section 925 of the Energy Policy Act of
2005 (42 U.S.C. 16215) is amended--
(1) by amending the section heading to read as follows:
``ELECTRIC TRANSMISSION AND DISTRIBUTION RESEARCH AND
DEVELOPMENT'';
(2) by amending subsection (a) to read as follows:
``(a) Program.--The Secretary shall establish a
comprehensive research, development, and demonstration
program to ensure the reliability, efficiency, and
environmental integrity of electrical transmission and
distribution systems, which shall include innovations for--
``(1) advanced energy delivery technologies, energy storage
technologies, materials, and systems;
[[Page H3192]]
``(2) advanced grid reliability and efficiency technology
development;
``(3) technologies contributing to significant load
reductions;
``(4) advanced metering, load management, and control
technologies;
``(5) technologies to enhance existing grid components;
``(6) the development and use of high-temperature
superconductors to--
``(A) enhance the reliability, operational flexibility, or
power-carrying capability of electric transmission or
distribution systems; or
``(B) increase the efficiency of electric energy
generation, transmission, distribution, or storage systems;
``(7) integration of power systems, including systems to
deliver high-quality electric power, electric power
reliability, and combined heat and power;
``(8) supply of electricity to the power grid by small
scale, distributed, and residential-based power generators;
``(9) the development and use of advanced grid design,
operation, and planning tools;
``(10) technologies to enhance security for electrical
transmission and distributions systems; and
``(11) any other infrastructure technologies, as
appropriate.''; and
(3) by amending subsection (c) to read as follows:
``(c) Implementation.--
``(1) Consortium.--The Secretary shall consider
implementing the program under this section using a
consortium of participants from industry, institutions of
higher education, and National Laboratories.
``(2) Objectives.--To the maximum extent practicable the
Secretary shall seek to--
``(A) leverage existing programs;
``(B) consolidate and coordinate activities, throughout the
Department to promote collaboration and crosscutting
approaches;
``(C) ensure activities are undertaken in a manner that
does not duplicate other activities within the Department or
other Federal Government activities; and
``(D) identify programs that may be more effectively left
to the States, industry, nongovernmental organizations,
institutions of higher education, or other stakeholders.''.
(b) Table of Contents Amendment.--The item relating to
section 925 in the table of contents of the Energy Policy Act
of 2005 is amended to read as follows:
``Sec. 925. Electric transmission and distribution research and
development.''.
Subtitle C--Nuclear Energy Research and Development
SEC. 621. OBJECTIVES.
Section 951 of the Energy Policy Act of 2005 (42 U.S.C.
16271) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall conduct programs of
civilian nuclear energy research, development, demonstration,
and commercial application, including activities described in
this subtitle. Such programs shall take into consideration
the following objectives:
``(1) Enhancing nuclear power's viability as part of the
United States energy portfolio.
``(2) Reducing used nuclear fuel and nuclear waste products
generated by civilian nuclear energy.
``(3) Supporting technological advances in areas that
industry by itself is not likely to undertake because of
technical and financial uncertainty.
``(4) Providing the technical means to reduce the
likelihood of nuclear proliferation.
``(5) Maintaining a cadre of nuclear scientists and
engineers.
``(6) Maintaining National Laboratory and university
nuclear programs, including their infrastructure.
``(7) Supporting both individual researchers and
multidisciplinary teams of researchers to pioneer new
approaches in nuclear energy, science, and technology.
``(8) Developing, planning, constructing, acquiring, and
operating special equipment and facilities for the use of
researchers.
``(9) Supporting technology transfer and other appropriate
activities to assist the nuclear energy industry, and other
users of nuclear science and engineering, including
activities addressing reliability, availability,
productivity, component aging, safety, and security of
nuclear power plants.
``(10) Reducing the environmental impact of nuclear energy-
related activities.
``(11) Researching and developing technologies and
processes to meet Federal and State requirements and
standards for nuclear power systems.'';
(2) by striking subsections (b) through (d); and
(3) by redesignating subsection (e) as subsection (b).
SEC. 622. PROGRAM OBJECTIVES STUDY.
Section 951 of the Energy Policy Act of 2005 (42 U.S.C.
16271) is further amended by adding at the end the following
new subsection:
``(c) Program Objectives Study.--In furtherance of the
program objectives listed in subsection (a) of this section,
the Government Accountability Office shall, within 1 year
after the date of enactment of this subsection, transmit to
the Congress a report on the results of a study on the
scientific and technical merit of major Federal and State
requirements and standards, including moratoria, that delay
or impede the further development and commercialization of
nuclear power, and how the Department can assist in
overcoming such delays or impediments.''.
SEC. 623. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT PROGRAMS.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C.
16272) is amended by striking subsections (c) through (e) and
inserting the following:
``(c) Reactor Concepts.--
``(1) In general.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to advance nuclear power systems as well as
technologies to sustain currently deployed systems.
``(2) Designs and technologies.--In conducting the program
under this subsection, the Secretary shall examine advanced
reactor designs and nuclear technologies, including those
that--
``(A) have higher efficiency, lower cost, and improved
safety compared to reactors in operation as of the date of
enactment of the America COMPETES Reauthorization Act of
2015;
``(B) utilize passive safety features;
``(C) minimize proliferation risks;
``(D) substantially reduce production of high-level waste
per unit of output;
``(E) increase the life and sustainability of reactor
systems currently deployed;
``(F) use improved instrumentation;
``(G) are capable of producing large-scale quantities of
hydrogen or process heat;
``(H) minimize water usage or use alternatives to water as
a cooling mechanism; or
``(I) use nuclear energy as part of an integrated energy
system.
``(3) International cooperation.--In carrying out the
program under this subsection, the Secretary shall seek
opportunities to enhance the progress of the program through
international cooperation through such organizations as the
Generation IV International Forum or any other international
collaboration the Secretary considers appropriate.
``(4) Exceptions.--No funds authorized to be appropriated
to carry out the activities described in this subsection
shall be used to fund the activities authorized under
sections 641 through 645.''.
SEC. 624. SMALL MODULAR REACTOR PROGRAM.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C.
16272) is further amended by adding at the end the following
new subsection:
``(d) Small Modular Reactor Program.--
``(1) In general.--The Secretary shall carry out a small
modular reactor program to promote research, development,
demonstration, and commercial application of small modular
reactors, including through cost-shared projects for
commercial application of reactor systems designs.
``(2) Consultation.--The Secretary shall consult with and
utilize the expertise of the Secretary of the Navy in
establishing and carrying out such program.
``(3) Additional activities.--Activities may also include
development of advanced computer modeling and simulation
tools, by Federal and non-Federal entities, which demonstrate
and validate new design capabilities of innovative small
modular reactor designs.
``(4) Definition.--For the purposes of this subsection, the
term `small modular reactor' means a nuclear reactor meeting
generally accepted industry standards--
``(A) with a rated capacity of less than 300 electrical
megawatts;
``(B) with respect to which most parts can be factory
assembled and shipped as modules to a reactor plant site for
assembly; and
``(C) that can be constructed and operated in combination
with similar reactors at a single site.''.
SEC. 625. FUEL CYCLE RESEARCH AND DEVELOPMENT.
(a) Amendments.--Section 953 of the Energy Policy Act of
2005 (42 U.S.C. 16273) is amended--
(1) in the section heading by striking ``ADVANCED FUEL
CYCLE INITIATIVE'' and inserting ``FUEL CYCLE RESEARCH AND
DEVELOPMENT'';
(2) by striking subsection (a);
(3) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(4) by inserting before subsection (d), as so redesignated
by paragraph (3) of this subsection, the following new
subsections:
``(a) In General.--The Secretary shall conduct a fuel cycle
research, development, demonstration, and commercial
application program (referred to in this section as the
`program') on fuel cycle options that improve uranium
resource utilization, maximize energy generation, minimize
nuclear waste creation, improve safety, mitigate risk of
proliferation, and improve waste management in support of a
national strategy for spent nuclear fuel and the reactor
concepts research, development, demonstration, and commercial
application program under section 952(c).
``(b) Fuel Cycle Options.--Under this section the Secretary
may consider implementing the following initiatives:
``(1) Open cycle.--Developing fuels, including the use of
nonuranium materials and alternate claddings, for use in
reactors that increase energy generation, improve safety
performance and margins, and minimize the amount of nuclear
waste produced in an open fuel cycle.
``(2) Recycle.--Developing advanced recycling technologies,
including advanced reactor concepts to improve resource
utilization, reduce proliferation risks, and minimize
radiotoxicity, decay heat, and mass and volume of nuclear
waste to the greatest extent possible.
``(3) Advanced storage methods.--Developing advanced
storage technologies for both onsite and long-term storage
that substantially prolong the effective life of current
storage devices or that substantially improve upon existing
nuclear waste storage technologies and methods, including
repositories.
``(4) Fast test reactor.--Investigating the potential
research benefits of a fast test reactor user facility to
conduct experiments on fuels and materials related to fuel
forms and fuel cycles that will increase fuel utilization,
reduce proliferation risks, and reduce nuclear waste
products.
[[Page H3193]]
``(5) Advanced reactor innovation.--Developing an advanced
reactor innovation testbed where national laboratories,
universities, and industry can address advanced reactor
design challenges to enable construction and operation of
privately funded reactor prototypes to resolve technical
uncertainty for United States-based designs for future
domestic and international markets.
``(6) Other technologies.--Developing any other technology
or initiative that the Secretary determines is likely to
advance the objectives of the program.
``(c) Additional Advanced Recycling and Crosscutting
Activities.--In addition to and in support of the specific
initiatives described in paragraphs (1) through (5) of
subsection (b), the Secretary may support the following
activities:
``(1) Development and testing of integrated process flow
sheets for advanced nuclear fuel recycling processes.
``(2) Research to characterize the byproducts and waste
streams resulting from fuel recycling processes.
``(3) Research and development on reactor concepts or
transmutation technologies that improve resource utilization
or reduce the radiotoxicity of waste streams.
``(4) Research and development on waste treatment processes
and separations technologies, advanced waste forms, and
quantification of proliferation risks.
``(5) Identification and evaluation of test and
experimental facilities necessary to successfully implement
the advanced fuel cycle initiative.
``(6) Advancement of fuel cycle-related modeling and
simulation capabilities.
``(7) Research to understand the behavior of high-burnup
fuels.''.
(b) Conforming Amendment.--The item relating to section 953
in the table of contents of the Energy Policy Act of 2005 is
amended to read as follows:
``Sec. 953. Fuel cycle research and development.''.
SEC. 626. NUCLEAR ENERGY ENABLING TECHNOLOGIES PROGRAM.
(a) Amendment.--Subtitle E of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at
the end the following new section:
``SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES.
``(a) In General.--The Secretary shall conduct a program to
support the integration of activities undertaken through the
reactor concepts research, development, demonstration, and
commercial application program under section 952(c) and the
fuel cycle research and development program under section
953, and support crosscutting nuclear energy concepts.
Activities commenced under this section shall be concentrated
on broadly applicable research and development focus areas.
``(b) Activities.--Activities conducted under this section
may include research involving--
``(1) advanced reactor materials;
``(2) advanced radiation mitigation methods;
``(3) advanced proliferation and security risk assessment
methods;
``(4) advanced sensors and instrumentation;
``(5) high performance computation modeling, including
multiphysics, multidimensional modeling simulation for
nuclear energy systems, and continued development of advanced
modeling simulation capabilities through national laboratory,
industry, and university partnerships for operations and
safety performance improvements of light water reactors for
currently deployed and near-term reactors and advanced
reactors and for the development of small modular reactors;
and
``(6) any crosscutting technology or transformative concept
aimed at establishing substantial and revolutionary
enhancements in the performance of future nuclear energy
systems that the Secretary considers relevant and appropriate
to the purpose of this section.
``(c) Report.--The Secretary shall submit, as part of the
annual budget submission of the Department, a report on the
activities of the program conducted under this section, which
shall include a brief evaluation of each activity's
progress.''.
(b) Conforming Amendment.--The table of contents of the
Energy Policy Act of 2005 is amended by adding at the end of
the items for subtitle E of title IX the following new item:
``Sec. 958. Nuclear energy enabling technologies.''.
SEC. 627. TECHNICAL STANDARDS COLLABORATION.
(a) In General.--The Director of the National Institute of
Standards and Technology shall establish a nuclear energy
standards committee (in this section referred to as the
``technical standards committee'') to facilitate and support,
consistent with the National Technology Transfer and
Advancement Act of 1995, the development or revision of
technical standards for new and existing nuclear power plants
and advanced nuclear technologies.
(b) Membership.--
(1) In general.--The technical standards committee shall
include representatives from appropriate Federal agencies and
the private sector, and be open to materially affected
organizations involved in the development or application of
nuclear energy-related standards.
(2) Co-chairs.--The technical standards committee shall be
co-chaired by a representative from the National Institute of
Standards and Technology and a representative from a private
sector standards organization.
(c) Duties.--The technical standards committee shall, in
cooperation with appropriate Federal agencies--
(1) perform a needs assessment to identify and evaluate the
technical standards that are needed to support nuclear
energy, including those needed to support new and existing
nuclear power plants and advanced nuclear technologies,
including developing the technical basis for regulatory
frameworks for advanced reactors;
(2) formulate, coordinate, and recommend priorities for the
development of new technical standards and the revision of
existing technical standards to address the needs identified
under paragraph (1);
(3) facilitate and support collaboration and cooperation
among standards developers to address the needs and
priorities identified under paragraphs (1) and (2);
(4) as appropriate, coordinate with other national,
regional, or international efforts on nuclear energy-related
technical standards in order to avoid conflict and
duplication and to ensure global compatibility; and
(5) promote the establishment and maintenance of a database
of nuclear energy-related technical standards.
(d) Authorization of Appropriations.--To the extent
provided for in advance by appropriations Acts, the Secretary
may transfer to the Director of the National Institute of
Standards and Technology not to exceed $1,000,000 for fiscal
year 2016 for the Secretary of Commerce to carry out this
section from amounts appropriated for nuclear energy research
and development within the Nuclear Energy Enabling
Technologies account for the Department.
SEC. 628. AVAILABLE FACILITIES DATABASE.
The Secretary shall prepare a database of non-Federal user
facilities receiving Federal funds that may be used for
unclassified nuclear energy research. The Secretary shall
make this database accessible on the Department's website.
Subtitle D--Energy Efficiency and Renewable Energy Research and
Development
SEC. 641. ENERGY EFFICIENCY.
Section 911 of the Energy Policy Act of 2005 (42 U.S.C.
16191) is amended to read as follows:
``SEC. 911. ENERGY EFFICIENCY.
``(a) Objectives.--The Secretary shall conduct programs of
energy efficiency research, development, demonstration, and
commercial application, including activities described in
this subtitle. Such programs shall prioritize activities that
industry by itself is not likely to undertake because of
technical challenges or regulatory uncertainty, and take into
consideration the following objectives:
``(1) Increasing energy efficiency.
``(2) Reducing the cost of energy.
``(3) Reducing the environmental impact of energy-related
activities.
``(b) Programs.--Programs under this subtitle shall include
research, development, demonstration, and commercial
application of--
``(1) innovative, affordable technologies to improve the
energy efficiency and environmental performance of vehicles,
including weight and drag reduction technologies,
technologies, modeling, and simulation for increasing vehicle
connectivity and automation, and whole-vehicle design
optimization;
``(2) cost-effective technologies, for new construction and
retrofit, to improve the energy efficiency and environmental
performance of buildings, using a whole-buildings approach;
``(3) advanced technologies to improve the energy
efficiency, environmental performance, and process efficiency
of energy-intensive and waste-intensive industries;
``(4) technologies to improve the energy efficiency of
appliances and mechanical systems for buildings in extreme
climates, including cogeneration, trigeneration, and
polygeneration units;
``(5) advanced battery technologies; and
``(6) fuel cell and hydrogen technologies.''.
SEC. 642. NEXT GENERATION LIGHTING INITIATIVE.
Section 912 of the Energy Policy Act of 2005 (42 U.S.C.
16192) and the item relating thereto in the table of contents
of that Act are repealed.
SEC. 643. BUILDING STANDARDS.
Section 914 of the Energy Policy Act of 2005 (42 U.S.C.
16194) is amended by striking subsection (c).
SEC. 644. SECONDARY ELECTRIC VEHICLE BATTERY USE PROGRAM.
Section 915 of the Energy Policy Act of 2005 (42 U.S.C.
16195) and the item relating thereto in the table of contents
of that Act are repealed.
SEC. 645. NETWORK FOR MANUFACTURING INNOVATION PROGRAM.
To the extent provided for in advance by appropriations
Acts, the Secretary may transfer to the National Institute of
Standards and Technology up to $150,000,000 for the period
encompassing fiscal years 2015 through 2017 from amounts
appropriated for advanced manufacturing research and
development under this subtitle (and the amendments made by
this subtitle) for the Secretary of Commerce to carry out the
Network for Manufacturing Innovation Program authorized under
section 34 of the National Institute of Standards and
Technology Act (15 U.S.C. 278s).
SEC. 646. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.
Section 917 of the Energy Policy Act of 2005 (42 U.S.C.
16197) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph (2)(B);
(B) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(C) by striking paragraph (4);
(2) in subsection (b)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(C) by striking paragraph (6);
(3) by amending subsection (g) to read as follows:
``(g) Prohibition.--None of the funds awarded under this
section may be used for the construction of facilities or the
deployment of commercially available technologies.''; and
[[Page H3194]]
(4) by striking subsection (i).
SEC. 647. RENEWABLE ENERGY.
Section 931 of the Energy Policy Act of 2005 (42 U.S.C.
16231) is amended to read as follows:
``SEC. 931. RENEWABLE ENERGY.
``(a) In General.--
``(1) Objectives.--The Secretary shall conduct programs of
renewable energy research, development, demonstration, and
commercial application, including activities described in
this subtitle. Such programs shall prioritize discovery
research and development and take into consideration the
following objectives:
``(A) Increasing the conversion efficiency of all forms of
renewable energy through improved technologies.
``(B) Decreasing the cost of renewable energy generation
and delivery.
``(C) Promoting the diversity of the energy supply.
``(D) Decreasing the dependence of the United States on
foreign mineral resources.
``(E) Decreasing the environmental impact of renewable
energy-related activities.
``(F) Increasing the export of renewable generation
technologies from the United States.
``(2) Programs.--
``(A) Solar energy.--The Secretary shall conduct a program
of research, development, demonstration, and commercial
application for solar energy, including innovations in--
``(i) photovoltaics;
``(ii) solar heating;
``(iii) concentrating solar power;
``(iv) lighting systems that integrate sunlight and
electrical lighting in complement to each other; and
``(v) development of technologies that can be easily
integrated into new and existing buildings.
``(B) Wind energy.--The Secretary shall conduct a program
of research, development, demonstration, and commercial
application for wind energy, including innovations in--
``(i) low speed wind energy;
``(ii) testing and verification technologies;
``(iii) distributed wind energy generation; and
``(iv) transformational technologies for harnessing wind
energy.
``(C) Geothermal.--The Secretary shall conduct a program of
research, development, demonstration, and commercial
application for geothermal energy, including technologies
for--
``(i) improving detection of geothermal resources;
``(ii) decreasing drilling costs;
``(iii) decreasing maintenance costs through improved
materials;
``(iv) increasing the potential for other revenue sources,
such as mineral production; and
``(v) increasing the understanding of reservoir life cycle
and management.
``(D) Hydropower.--The Secretary shall conduct a program of
research, development, demonstration, and commercial
application for technologies that enable the development of
new and incremental hydropower capacity, including:
``(i) Advanced technologies to enhance environmental
performance and yield greater energy efficiencies.
``(ii) Ocean energy, including wave energy.
``(E) Miscellaneous projects.--The Secretary shall conduct
research, development, demonstration, and commercial
application programs for--
``(i) the combined use of renewable energy technologies
with one another and with other energy technologies,
including the combined use of renewable power and fossil
technologies;
``(ii) renewable energy technologies for cogeneration of
hydrogen and electricity; and
``(iii) kinetic hydro turbines.
``(b) Rural Demonstration Projects.--In carrying out this
section, the Secretary, in consultation with the Secretary of
Agriculture, shall give priority to demonstrations that
assist in delivering electricity to rural and remote
locations including--
``(1) advanced renewable power technology, including
combined use with fossil technologies;
``(2) biomass; and
``(3) geothermal energy systems.
``(c) Analysis and Evaluation.--
``(1) In general.--The Secretary shall conduct analysis and
evaluation in support of the renewable energy programs under
this subtitle. These activities shall be used to guide budget
and program decisions, and shall include--
``(A) economic and technical analysis of renewable energy
potential, including resource assessment;
``(B) analysis of past program performance, both in terms
of technical advances and in market introduction of renewable
energy;
``(C) assessment of domestic and international market
drivers, including the impacts of any Federal, State, or
local grants, loans, loan guarantees, tax incentives,
statutory or regulatory requirements, or other government
initiatives; and
``(D) any other analysis or evaluation that the Secretary
considers appropriate.
``(2) Funding.--The Secretary may designate up to 1 percent
of the funds appropriated for carrying out this subtitle for
analysis and evaluation activities under this subsection.
``(3) Submittal to congress.--This analysis and evaluation
shall be submitted to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate at least 30
days before each annual budget request is submitted to
Congress.''.
SEC. 648. BIOENERGY PROGRAM.
Section 932 of the Energy Policy Act of 2005 (42 U.S.C.
16232) is amended to read as follows:
``SEC. 932. BIOENERGY PROGRAM.
``(a) Program.--The Secretary shall conduct a program of
research, development, demonstration, and commercial
application for bioenergy, including innovations in--
``(1) biopower energy systems;
``(2) biofuels;
``(3) bioproducts;
``(4) integrated biorefineries that may produce biopower,
biofuels, and bioproducts; and
``(5) crosscutting research and development in feedstocks.
``(b) Biofuels and Bioproducts.--The goals of the biofuels
and bioproducts programs shall be to develop, in partnership
with industry and institutions of higher education--
``(1) advanced biochemical and thermochemical conversion
technologies capable of making fuels from lignocellulosic
feedstocks that are price-competitive with fossil-based fuels
and fully compatible with either internal combustion engines
or fuel cell-powered vehicles;
``(2) advanced conversion of biomass to biofuels and
bioproducts as part of integrated biorefineries based on
either biochemical processes, thermochemical processes, or
hybrids of these processes; and
``(3) other advanced processes that will enable the
development of cost-effective bioproducts, including
biofuels.
``(c) Retrofit Technologies for the Development of Ethanol
From Cellulosic Materials.--The Secretary shall establish a
program of research, development, demonstration, and
commercial application for technologies and processes to
enable biorefineries that exclusively use corn grain or corn
starch as a feedstock to produce ethanol to be retrofitted to
accept a range of biomass, including lignocellulosic
feedstocks.
``(d) Limitations.--None of the funds authorized for
carrying out this section may be used to fund commercial
biofuels production for defense purposes.
``(e) Definitions.--In this section:
``(1) Biomass.--The term `biomass' means--
``(A) any organic material grown for the purpose of being
converted to energy;
``(B) any organic byproduct of agriculture (including
wastes from food production and processing) that can be
converted into energy; or
``(C) any waste material that can be converted to energy,
is segregated from other waste materials, and is derived
from--
``(i) any of the following forest-related resources: mill
residues, precommercial thinnings, slash, brush, or otherwise
nonmerchantable material;
``(ii) wood waste materials, including waste pallets,
crates, dunnage, manufacturing and construction wood wastes
(other than pressure-treated, chemically treated, or painted
wood wastes), and landscape or right-of-way tree trimmings,
but not including municipal solid waste, gas derived from the
biodegradation of municipal solid waste, or paper that is
commonly recycled; or
``(iii) solids derived from waste water treatment
processes.
``(2) Lignocellulosic feedstock.--The term `lignocellulosic
feedstock' means any portion of a plant or coproduct from
conversion, including crops, trees, forest residues, grasses,
and agricultural residues not specifically grown for food,
including from barley grain, grapeseed, rice bran, rice
hulls, rice straw, soybean matter, cornstover, and sugarcane
bagasse.''.
SEC. 649. CONCENTRATING SOLAR POWER RESEARCH PROGRAM.
Section 934 of the Energy Policy Act of 2005 (42 U.S.C.
16234) and the item relating thereto in the table of contents
of that Act are repealed.
SEC. 650. RENEWABLE ENERGY IN PUBLIC BUILDINGS.
Section 935 of the Energy Policy Act of 2005 (42 U.S.C.
16235) and the item relating thereto in the table of contents
of that Act are repealed.
Subtitle E--Fossil Energy Research and Development
SEC. 661. FOSSIL ENERGY.
Section 961 of Energy Policy Act of 2005 (42 U.S.C. 16291)
is amended to read as follows:
``SEC. 961. FOSSIL ENERGY.
``(a) In General.--The Secretary shall carry out research,
development, demonstration, and commercial application
programs in fossil energy, including activities under this
subtitle, with the goal of improving the efficiency,
effectiveness, and environmental performance of fossil energy
production, upgrading, conversion, and consumption. Such
programs shall take into consideration the following
objectives:
``(1) Increasing the energy conversion efficiency of all
forms of fossil energy through improved technologies.
``(2) Decreasing the cost of all fossil energy production,
generation, and delivery.
``(3) Promoting diversity of energy supply.
``(4) Decreasing the dependence of the United States on
foreign energy supplies.
``(5) Decreasing the environmental impact of energy-related
activities.
``(6) Increasing the export of fossil energy-related
equipment, technology, and services from the United States.
``(b) Objectives.--To the maximum extent practicable, the
Secretary shall seek to--
``(1) leverage existing programs;
``(2) consolidate and coordinate activities throughout the
Department to promote collaboration and crosscutting
approaches;
``(3) ensure activities are undertaken in a manner that
does not duplicate other activities within the Department or
other Federal Government activities; and
``(4) identify programs that may be more effectively left
to the States, industry, nongovernmental organizations,
institutions of higher education, or other stakeholders.
``(c) Limitations.--
``(1) Uses.--None of the funds authorized for carrying out
this section may be used for Fossil Energy Environmental
Restoration.
``(2) Institutions of higher education.--Not less than 20
percent of the funds appropriated
[[Page H3195]]
for carrying out section 964 of this Act for each fiscal year
shall be dedicated to research and development carried out at
institutions of higher education.
``(3) Use for regulatory assessments or determinations.--
The results of any research, development, demonstration, or
commercial application projects or activities of the
Department authorized under this subtitle may not be used for
regulatory assessments or determinations by Federal
regulatory authorities.
``(d) Assessments.--
``(1) Constraints against bringing resources to market.--
Not later than 1 year after the date of enactment of the
America COMPETES Reauthorization Act of 2015, the Secretary
shall transmit to Congress an assessment of the technical,
institutional, policy, and regulatory constraints to bringing
new domestic fossil resources to market.
``(2) Technology capabilities.--Not later than 2 years
after the date of enactment of the America COMPETES
Reauthorization Act of 2015, the Secretary shall transmit to
Congress a long-term assessment of existing and projected
technological capabilities for expanded production from
domestic unconventional oil, gas, and methane reserves.''.
SEC. 662. COAL RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
COMMERCIAL APPLICATION PROGRAMS.
(a) In General.--Section 962 of the Energy Policy Act of
2005 (42 U.S.C. 16292) is amended--
(1) in subsection (a)--
(A) in paragraph (10), by striking ``and'' at the end;
(B) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(12) specific additional programs to address water use
and reuse;
``(13) the testing, including the construction of testing
facilities, of high temperature materials for use in advanced
systems for combustion or use of coal; and
``(14) innovations to application of existing coal
conversion systems designed to increase efficiency of
conversion, flexibility of operation, and other modifications
to address existing usage requirements.'';
(2) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Transformational Coal Technology Program.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary may carry out a program
designed to undertake research, development, demonstration,
and commercial application of technologies, including the
accelerated development of--
``(A) chemical looping technology;
``(B) supercritical carbon dioxide power generation cycles;
``(C) pressurized oxycombustion, including new and retrofit
technologies; and
``(D) other technologies that are characterized by the use
of--
``(i) alternative energy cycles;
``(ii) thermionic devices using waste heat;
``(iii) fuel cells;
``(iv) replacement of chemical processes with
biotechnology;
``(v) nanotechnology;
``(vi) new materials in applications (other than extending
cycles to higher temperature and pressure), such as membranes
or ceramics;
``(vii) carbon utilization, such as in construction
materials, using low quality energy to reconvert back to a
fuel, or manufactured food;
``(viii) advanced gas separation concepts; and
``(ix) other technologies, including--
``(I) modular, manufactured components; and
``(II) innovative production or research techniques, such
as using 3-D printer systems, for the production of early
research and development prototypes.
``(2) Cost share.--In carrying out the program described in
paragraph (1), the Secretary shall enter into partnerships
with private entities to share the costs of carrying out the
program. The Secretary may reduce the non-Federal cost share
requirement if the Secretary determines that the reduction is
necessary and appropriate considering the technological risks
involved in the project.''; and
(4) in subsection (c) (as so redesignated) by striking
paragraph (1) and inserting the following:
``(1) In general.--In carrying out programs authorized by
this section, the Secretary shall identify cost and
performance goals for coal-based technologies that would
permit the continued cost-competitive use of coal for the
production of electricity, chemical feedstocks,
transportation fuels, and other marketable products.''.
(b) Advisory Committee; Authorization of Appropriations.--
Section 963 of the Energy Policy Act of 2005 (42 U.S.C.
16293) is amended--
(1) by amending paragraph (6) of subsection (c) to read as
follows:
``(6) Advisory committee.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall establish an advisory committee to undertake,
not less frequently than once every 3 years, a review and
prepare a report on the progress being made by the Department
of Energy to achieve the goals described in subsections (a)
and (b) of section 962 and subsection (b) of this section.
``(B) Membership requirements.--Members of the advisory
committee established under subparagraph (A) shall be
appointed by the Secretary, except that three members shall
be appointed by the Speaker of the House of Representatives
and two members shall be appointed by the Majority Leader of
the Senate. The total number of members of the advisory
committee shall be 15.''; and
(2) by amending subsection (d) to read as follows:
``(d) Study of Carbon Dioxide Pipelines.--Not later than 1
year after the date of enactment of the America COMPETES
Reauthorization Act of 2015, the Secretary shall transmit to
Congress the results of a study to assess the cost and
feasibility of engineering, permitting, building,
maintaining, regulating, and insuring a national system of
carbon dioxide pipelines.''.
SEC. 663. HIGH EFFICIENCY GAS TURBINES RESEARCH AND
DEVELOPMENT.
(a) In General.--The Secretary, through the Office of
Fossil Energy, shall carry out a multiyear, multiphase
program of research, development, demonstration, and
commercial application to innovate technologies to maximize
the efficiency of gas turbines used in power generation
systems.
(b) Program Elements.--The program under this section
shall--
(1) support innovative engineering and detailed gas turbine
design for megawatt-scale and utility-scale electric power
generation, including--
(A) high temperature materials, including superalloys,
coatings, and ceramics;
(B) improved heat transfer capability;
(C) manufacturing technology required to construct complex
three-dimensional geometry parts with improved aerodynamic
capability;
(D) combustion technology to produce higher firing
temperature while lowering nitrogen oxide and carbon monoxide
emissions per unit of output;
(E) advanced controls and systems integration;
(F) advanced high performance compressor technology; and
(G) validation facilities for the testing of components and
subsystems;
(2) include technology demonstration through component
testing, subscale testing, and full scale testing in existing
fleets;
(3) include field demonstrations of the developed
technology elements so as to demonstrate technical and
economic feasibility; and
(4) assess overall combined cycle and simple cycle system
performance.
(c) Program Goals.--The goals of the multiphase program
established under subsection (a) shall be--
(1) in phase I--
(A) to develop the conceptual design of advanced high
efficiency gas turbines that can achieve at least 62 percent
combined cycle efficiency or 47 percent simple cycle
efficiency on a lower heating value basis; and
(B) to develop and demonstrate the technology required for
advanced high efficiency gas turbines that can achieve at
least 62 percent combined cycle efficiency or 47 percent
simple cycle efficiency on a lower heating value basis; and
(2) in phase II, to develop the conceptual design for
advanced high efficiency gas turbines that can achieve at
least 65 percent combined cycle efficiency or 50 percent
simple cycle efficiency on a lower heating value basis.
(d) Proposals.--Within 180 days after the date of enactment
of this Act, the Secretary shall solicit grant and contract
proposals from industry, small businesses, universities, and
other appropriate parties for conducting activities under
this section. In selecting proposals, the Secretary shall
emphasize--
(1) the extent to which the proposal will stimulate the
creation or increased retention of jobs in the United States;
and
(2) the extent to which the proposal will promote and
enhance United States technology leadership.
(e) Competitive Awards.--The provision of funding under
this section shall be on a competitive basis with an emphasis
on technical merit.
(f) Cost Sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to an award of financial
assistance made under this section.
Subtitle F--Advanced Research Projects Agency-Energy
SEC. 671. ARPA-E AMENDMENTS.
Section 5012 of the America COMPETES Act (42 U.S.C. 16538)
is amended--
(1) by amending paragraph (1) of subsection (c) to read as
follows:
``(1) In general.--The goals of ARPA-E shall be to enhance
the economic and energy security of the United States and to
ensure that the United States maintains a technological lead
through the development of advanced energy technologies.'';
(2) in subsection (i)(1), by inserting ``ARPA-E shall not
provide funding for a project unless the prospective grantee
demonstrates sufficient attempts to secure private financing
or indicates that the project is not independently
commercially viable.'' after ``relevant research agencies.'';
(3) in subsection (l)(1), by inserting ``and once every 6
years thereafter,'' after ``operation for 6 years,''; and
(4) by redesignating subsection (n) as subsection (o) and
inserting after subsection (m) the following new subsection:
``(n) Protection of Proprietary Information.--
``(1) In general.--The following categories of information
collected by the Advanced Research Projects Agency-Energy
from recipients of financial assistance awards shall be
considered privileged and confidential and not subject to
disclosure pursuant to section 552 of title 5, United States
Code:
``(A) Plans for commercialization of technologies developed
under the award, including business plans, technology to
market plans, market studies, and cost and performance
models.
``(B) Investments provided to an awardee from third
parties, such as venture capital, hedge fund, or private
equity firms, including amounts and percentage of ownership
of the awardee provided in return for such investments.
[[Page H3196]]
``(C) Additional financial support that the awardee plans
to invest or has invested into the technology developed under
the award, or that the awardee is seeking from third parties.
``(D) Revenue from the licensing or sale of new products or
services resulting from the research conducted under the
award.
``(2) Effect of subsection.--Nothing in this subsection
affects--
``(A) the authority of the Secretary to use information
without publicly disclosing such information; or
``(B) the responsibility of the Secretary to transmit
information to Congress as required by law.''.
Subtitle G--Authorization of Appropriations
SEC. 681. AUTHORIZATION OF APPROPRIATIONS.
(a) Electricity Delivery and Energy Reliability Research
and Development.--There are authorized to be appropriated to
the Secretary for research, development, demonstration, and
commercial application for electrical delivery and energy
reliability technology activities within the Office of
Electricity $113,000,000 for each of fiscal years 2016 and
2017.
(b) Nuclear Energy.--
(1) In general.--There are authorized to be appropriated to
the Secretary for research, development, demonstration, and
commercial application for nuclear energy technology
activities within the Office of Nuclear Energy $504,600,000
for each of fiscal years 2016 and 2017.
(2) Limitation.--Any amounts made available pursuant to the
authorization of appropriations under paragraph (1) shall not
be derived from the Nuclear Waste Fund established under
section 302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c)).
(c) Energy Efficiency and Renewable Energy.--There are
authorized to be appropriated to the Secretary for research,
development, demonstration, and commercial application for
energy efficiency and renewable energy technology activities
within the Office of Energy Efficiency and Renewable Energy
$1,193,500,000 for each of fiscal years 2016 and 2017.
(d) Fossil Energy.--There are authorized to be appropriated
to the Secretary for research, development, demonstration,
and commercial application for fossil energy technology
activities within the Office of Fossil Energy $605,000,000
for each of fiscal years 2016 and 2017.
(e) ARPA-E.--There are authorized to be appropriated to the
Secretary for the Advanced Research Projects Agency-Energy
$140,000,000 for each of fiscal years 2016 and 2017.
Subtitle H--Definitions
SEC. 691. DEFINITIONS.
In this title--
(1) the term ``Department'' means the Department of Energy;
and
(2) the term ``Secretary'' means the Secretary of Energy.
TITLE VII--DEPARTMENT OF ENERGY TECHNOLOGY TRANSFER
Subtitle A--In General
SEC. 701. DEFINITIONS.
In this title:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--The term ``National Laboratory''
means a Department of Energy nonmilitary national laboratory,
including--
(A) Ames Laboratory;
(B) Argonne National Laboratory;
(C) Brookhaven National Laboratory;
(D) Fermi National Accelerator Laboratory;
(E) Idaho National Laboratory;
(F) Lawrence Berkeley National Laboratory;
(G) National Energy Technology Laboratory;
(H) National Renewable Energy Laboratory;
(I) Oak Ridge National Laboratory;
(J) Pacific Northwest National Laboratory;
(K) Princeton Plasma Physics Laboratory;
(L) Savannah River National Laboratory;
(M) Stanford Linear Accelerator Center;
(N) Thomas Jefferson National Accelerator Facility; and
(O) any laboratory operated by the National Nuclear
Security Administration, but only with respect to the
civilian energy activities thereof.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 702. SAVINGS CLAUSE.
Nothing in this title or an amendment made by this title
abrogates or otherwise affects the primary responsibilities
of any National Laboratory to the Department.
Subtitle B--Innovation Management at Department of Energy
SEC. 712. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Secretary shall transmit to
the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report which shall include--
(1) an assessment of the Department's current ability to
carry out the goals of section 1001 of the Energy Policy Act
of 2005 (42 U.S.C. 16391), including an assessment of the
role and effectiveness of the Director of the Office of
Technology Transitions; and
(2) recommended departmental policy changes and legislative
changes to section 1001 of the Energy Policy Act of 2005 (42
U.S.C. 16391) to improve the Department's ability to
successfully transfer new energy technologies to the private
sector.
SEC. 713. SENSE OF CONGRESS.
It is the sense of the Congress that the Secretary should
encourage the National Laboratories and federally funded
research and development centers to inform small businesses
of the opportunities and resources that exist pursuant to
this title.
SEC. 714. NUCLEAR ENERGY INNOVATION.
Not later than 180 days after the date of enactment of this
Act, the Secretary, in consultation with the National
Laboratories, relevant Federal agencies, and other
stakeholders, shall transmit to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report assessing the Department's capabilities to authorize,
host, and oversee privately funded fusion and non-light water
reactor prototypes and related demonstration facilities at
Department-owned sites. For purposes of this report, the
Secretary shall consider the Department's capabilities to
facilitate privately-funded prototypes up to 20 megawatts
thermal output. The report shall address the following:
(1) The Department's safety review and oversight
capabilities.
(2) Potential sites capable of hosting research,
development, and demonstration of prototype reactors and
related facilities for the purpose of reducing technical
risk.
(3) The Department's and National Laboratories' existing
physical and technical capabilities relevant to research,
development, and oversight.
(4) The efficacy of the Department's available contractual
mechanisms, including cooperative research and development
agreements, work for others agreements, and agreements for
commercializing technology.
(5) Potential cost structures related to physical security,
decommissioning, liability, and other long-term project
costs.
(6) Other challenges or considerations identified by the
Secretary, including issues related to potential cases of
demonstration reactors up to 2 gigawatts of thermal output.
Subtitle C--Cross-Sector Partnerships and Grant Competitiveness
SEC. 721. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT
PROGRAM.
(a) In General.--The Secretary shall carry out the
Agreements for Commercializing Technology pilot program of
the Department, as announced by the Secretary on December 8,
2011, in accordance with this section.
(b) Terms.--Each agreement entered into pursuant to the
pilot program referred to in subsection (a) shall provide to
the contractor of the applicable National Laboratory, to the
maximum extent determined to be appropriate by the Secretary,
increased authority to negotiate contract terms, such as
intellectual property rights, payment structures, performance
guarantees, and multiparty collaborations.
(c) Eligibility.--
(1) In general.--Any director of a National Laboratory may
enter into an agreement pursuant to the pilot program
referred to in subsection (a).
(2) Agreements with non-federal entities.--To carry out
paragraph (1) and subject to paragraph (3), the Secretary
shall permit the directors of the National Laboratories to
execute agreements with a non-Federal entity, including a
non-Federal entity already receiving Federal funding that
will be used to support activities under agreements executed
pursuant to paragraph (1), provided that such funding is
solely used to carry out the purposes of the Federal award.
(3) Restriction.--The requirements of chapter 18 of title
35, United States Code (commonly known as the ``Bayh-Dole
Act'') shall apply if--
(A) the agreement is a funding agreement (as that term is
defined in section 201 of that title); and
(B) at least one of the parties to the funding agreement is
eligible to receive rights under that chapter.
(d) Submission to Secretary.--Each affected director of a
National Laboratory shall submit to the Secretary, with
respect to each agreement entered into under this section--
(1) a summary of information relating to the relevant
project;
(2) the total estimated costs of the project;
(3) estimated commencement and completion dates of the
project; and
(4) other documentation determined to be appropriate by the
Secretary.
(e) Certification.--The Secretary shall require the
contractor of the affected National Laboratory to certify
that each activity carried out under a project for which an
agreement is entered into under this section--
(1) is not in direct competition with the private sector;
and
(2) does not present, or minimizes, any apparent conflict
of interest, and avoids or neutralizes any actual conflict of
interest, as a result of the agreement under this section.
(f) Extension.--The pilot program referred to in subsection
(a) shall be extended until October 31, 2017.
(g) Reports.--
(1) Overall assessment.--Not later than 60 days after the
date described in subsection (f), the Secretary, in
coordination with directors of the National Laboratories,
shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report that--
(A) assesses the overall effectiveness of the pilot program
referred to in subsection (a);
(B) identifies opportunities to improve the effectiveness
of the pilot program;
(C) assesses the potential for program activities to
interfere with the responsibilities of the National
Laboratories to the Department; and
(D) provides a recommendation regarding the future of the
pilot program.
(2) Transparency.--The Secretary, in coordination with
directors of the National Laboratories, shall submit to the
Committee on Science,
[[Page H3197]]
Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate an
annual report that accounts for all incidences of, and
provides a justification for, non-Federal entities using
funds derived from a Federal contract or award to carry out
agreements pursuant to this section.
SEC. 722. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) and (c), the
Secretary shall delegate to directors of the National
Laboratories signature authority with respect to any
agreement described in subsection (b) the total cost of which
(including the National Laboratory contributions and project
recipient cost share) is less than $1 million.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a non-Federal work-for-others agreement; and
(3) any other agreement determined to be appropriate by the
Secretary, in collaboration with the directors of the
National Laboratories.
(c) Administration.--
(1) Accountability.--The director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security,
economic, or environmental interest of the United States.
(2) Certification.--The director of the affected National
Laboratory and the affected contractor shall certify that
each activity carried out under a project for which an
agreement is entered into under this section does not
present, or minimizes, any apparent conflict of interest, and
avoids or neutralizes any actual conflict of interest, as a
result of the agreement under this section.
(3) Availability of records.--On entering an agreement
under this section, the director of a National Laboratory
shall submit to the Secretary for monitoring and review all
records of the National Laboratory relating to the agreement.
(4) Rates.--The director of a National Laboratory may
charge higher rates for services performed under a
partnership agreement entered into pursuant to this section,
regardless of the full cost of recovery, if such funds are
used exclusively to support further research and development
activities at the respective National Laboratory.
(d) Exception.--This section does not apply to any
agreement with a majority foreign-owned company.
(e) Conforming Amendment.--Section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 722(a) of the America COMPETES
Reauthorization Act of 2015, approval by the Secretary of
Energy shall not be required for any technology transfer
agreement proposed to be entered into by a National
Laboratory of the Department of Energy, the total cost of
which (including the National Laboratory contributions and
project recipient cost share) is less than $1 million.''; and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
SEC. 723. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION
IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C.
16391) is amended by--
(1) redesignating subsection (g) as subsection (h); and
(2) inserting after subsection (f) the following:
``(g) Early-Stage Technology Demonstration.--The Secretary
shall permit the directors of the National Laboratories to
use funds authorized to support technology transfer within
the Department to carry out early-stage and pre-commercial
technology demonstration activities to remove technology
barriers that limit private sector interest and demonstrate
potential commercial applications of any research and
technologies arising from National Laboratory activities.''.
SEC. 724. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER
EDUCATION AND OTHER NONPROFIT INSTITUTIONS.
Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)) is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraphs (2) and (3)'' and inserting ``Except as provided
in paragraphs (2), (3), and (4)''; and
(2) by adding at the end the following:
``(4) Exemption for institutions of higher education and
other nonprofit institutions.--
``(A) In general.--Paragraph (1) shall not apply to a
research or development activity performed by an institution
of higher education or nonprofit institution (as defined in
section 4 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3703)).
``(B) Termination date.--The exemption under subparagraph
(A) shall apply during the 6-year period beginning on the
date of enactment of this paragraph.''.
SEC. 725. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.
The Secretary may enter into an agreement with the Director
of the National Science Foundation to enable researchers
funded by the Department to participate in the National
Science Foundation Innovation Corps program.
Subtitle D--Assessment of Impact
SEC. 731. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to Congress a report--
(1) describing the results of the projects developed under
sections 721, 722, and 723, including information regarding--
(A) partnerships initiated as a result of those projects
and the potential linkages presented by those partnerships
with respect to national priorities and other taxpayer-funded
research; and
(B) whether the activities carried out under those projects
result in--
(i) fiscal savings;
(ii) expansion of National Laboratory capabilities;
(iii) increased efficiency of technology transfers; or
(iv) an increase in general efficiency of the National
Laboratory system; and
(2) assess the scale, scope, efficacy, and impact of the
Department's efforts to promote technology transfer and
private sector engagement at the National Laboratories, and
make recommendations on how the Department can improve these
activities.
TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES
SEC. 3301. SHORT TITLE.
This title may be cited as the ``Nuclear Energy Innovation
Capabilities Act''.
SEC. 3302. NUCLEAR ENERGY.
Section 951 of the Energy Policy Act of 2005 (42 U.S.C.
16271) is amended to read as follows:
``SEC. 951. NUCLEAR ENERGY.
``(a) Mission.--The Secretary shall conduct programs of
civilian nuclear research, development, demonstration, and
commercial application, including activities in this
subtitle. Such programs shall take into consideration the
following objectives:
``(1) Providing research infrastructure to promote
scientific progress and enable users from academia, the
National Laboratories, and the private sector to make
scientific discoveries relevant for nuclear, chemical, and
materials science engineering.
``(2) Maintaining National Laboratory and university
nuclear energy research and development programs, including
their infrastructure.
``(3) Providing the technical means to reduce the
likelihood of nuclear weapons proliferation and increasing
confidence margins for public safety of nuclear energy
systems.
``(4) Reducing the environmental impact of nuclear energy
related activities.
``(5) Supporting technology transfer from the National
Laboratories to the private sector.
``(6) Enabling the private sector to partner with the
National Laboratories to demonstrate novel reactor concepts
for the purpose of resolving technical uncertainty associated
with the aforementioned objectives in this subsection.
``(b) Definitions.--In this subtitle:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' means--
``(A) a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
fission reactors, which may include inherent safety features,
lower waste yields, greater fuel utilization, superior
reliability, resistance to proliferation, and increased
thermal efficiency; or
``(B) a nuclear fusion reactor.
``(2) Fast neutron.--The term `fast neutron' means a
neutron with kinetic energy above 100 kiloelectron volts.
``(3) National laboratory.--The term `National Laboratory'
has the meaning given that term in paragraph (3) of section
2, except that with respect to subparagraphs (G), (H), and
(N) of such paragraph, for purposes of this subtitle the term
includes only the civilian activities thereof.
``(4) Neutron flux.--The term `neutron flux' means the
intensity of neutron radiation measured as a rate of flow of
neutrons applied over an area.
``(5) Neutron source.--The term `neutron source' means a
research machine that provides neutron irradiation services
for research on materials sciences and nuclear physics as
well as testing of advanced materials, nuclear fuels, and
other related components for reactor systems.''.
SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS.
Section 952 of the Energy Policy Act of 2005 (42 U.S.C.
16272) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE.
Section 953(a) of the Energy Policy Act of 2005 (42 U.S.C.
16273(a)) is amended by striking ``, acting through the
Director of the Office of Nuclear Energy, Science and
Technology,''.
SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING
SUPPORT.
Section 954(d)(4) of the Energy Policy Act of 2005 (42
U.S.C. 16274(d)(4)) is amended by striking ``as part of a
taking into consideration effort that emphasizes'' and
inserting ``that emphasize''.
SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR
INFRASTRUCTURE AND FACILITIES.
Section 955 of the Energy Policy Act of 2005 (42 U.S.C.
16275) is amended--
(1) by striking subsections (c) and (d); and
(2) by adding at the end the following:
[[Page H3198]]
``(c) Versatile Neutron Source.--
``(1) Mission need.--Not later than December 31, 2016, the
Secretary shall determine the mission need for a versatile
reactor-based fast neutron source, which shall operate as a
national user facility. During this process, the Secretary
shall consult with the private sector, universities, National
Laboratories, and relevant Federal agencies to ensure that
this user facility will meet the research needs of the
largest possible majority of prospective users.
``(2) Establishment.--Upon the determination of mission
need made under paragraph (1), the Secretary shall, as
expeditiously as possible, provide to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a detailed plan for the establishment
of the user facility.
``(3) Facility requirements.--
``(A) Capabilities.--The Secretary shall ensure that this
user facility will provide, at a minimum, the following
capabilities:
``(i) Fast neutron spectrum irradiation capability.
``(ii) Capacity for upgrades to accommodate new or expanded
research needs.
``(B) Considerations.--In carrying out the plan provided
under paragraph (2), the Secretary shall consider the
following:
``(i) Capabilities that support experimental high-
temperature testing.
``(ii) Providing a source of fast neutrons at a neutron
flux, higher than that at which current research facilities
operate, sufficient to enable research for an optimal base of
prospective users.
``(iii) Maximizing irradiation flexibility and irradiation
volume to accommodate as many concurrent users as possible.
``(iv) Capabilities for irradiation with neutrons of a
lower energy spectrum.
``(v) Multiple loops for fuels and materials testing in
different coolants.
``(vi) Additional pre-irradiation and post-irradiation
examination capabilities.
``(vii) Lifetime operating costs and lifecycle costs.
``(4) Reporting progress.--The Department shall, in its
annual budget requests, provide an explanation for any delay
in its progress and otherwise make every effort to complete
construction and approve the start of operations for this
facility by December 31, 2025.
``(5) Coordination.--The Secretary shall leverage the best
practices for management, construction, and operation of
national user facilities from the Office of Science.''.
SEC. 3307. SECURITY OF NUCLEAR FACILITIES.
Section 956 of the Energy Policy Act of 2005 (42 U.S.C.
16276) is amended by striking ``, acting through the Director
of the Office of Nuclear Energy, Science and Technology,''.
SEC. 3308. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE
RESEARCH.
Section 957 of the Energy Policy Act of 2005 (42 U.S.C.
16277) is amended to read as follows:
``SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE
RESEARCH.
``(a) Modeling and Simulation.--The Secretary shall carry
out a program to enhance the Nation's capabilities to develop
new reactor technologies through high-performance computation
modeling and simulation techniques. This program shall
coordinate with relevant Federal agencies through the
National Strategic Computing Initiative created under
Executive Order No. 13702 (July 29, 2015) while taking into
account the following objectives:
``(1) Utilizing expertise from the private sector,
universities, and National Laboratories to develop
computational software and capabilities that prospective
users may access to accelerate research and development of
advanced nuclear reactor systems, and reactor systems for
space exploration.
``(2) Developing computational tools to simulate and
predict nuclear phenomena that may be validated through
physical experimentation.
``(3) Increasing the utility of the Department's research
infrastructure by coordinating with the Advanced Scientific
Computing Research program within the Office of Science.
``(4) Leveraging experience from the Energy Innovation Hub
for Modeling and Simulation.
``(5) Ensuring that new experimental and computational
tools are accessible to relevant research communities.
``(b) Supportive Research Activities.--The Secretary shall
consider support for additional research activities to
maximize the utility of its research facilities, including
physical processes to simulate degradation of materials and
behavior of fuel forms and for validation of computational
tools.''.
SEC. 3309. ENABLING NUCLEAR ENERGY INNOVATION.
Subtitle E of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16271 et seq.) is amended by adding at the end the
following:
``SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.
``(a) National Reactor Innovation Center.--The Secretary
shall carry out a program to enable the testing and
demonstration of reactor concepts to be proposed and funded
by the private sector. The Secretary shall leverage the
technical expertise of relevant Federal agencies and National
Laboratories in order to minimize the time required to enable
construction and operation of privately funded experimental
reactors at National Laboratories or other Department-owned
sites. Such reactors shall operate to meet the following
objectives:
``(1) Enabling physical validation of novel reactor
concepts.
``(2) Resolving technical uncertainty and increasing
practical knowledge relevant to safety, resilience, security,
and functionality of first-of-a-kind reactor concepts.
``(3) General research and development to improve nascent
technologies.
``(b) Reporting Requirement.--Not later than 180 days after
the date of enactment of the Nuclear Energy Innovation
Capabilities Act, the Secretary, in consultation with the
National Laboratories, relevant Federal agencies, and other
stakeholders, shall transmit to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report assessing the Department's capabilities to authorize,
host, and oversee privately funded experimental advanced
nuclear reactors as described under subsection (a). The
report shall address the following:
``(1) The Department's oversight capabilities, including
options to leverage expertise from the Nuclear Regulatory
Commission and National Laboratories.
``(2) Potential sites capable of hosting activities
described under subsection (a).
``(3) The efficacy of the Department's available
contractual mechanisms to partner with the private sector and
Federal agencies, including cooperative research and
development agreements, strategic partnership projects, and
agreements for commercializing technology.
``(4) Potential cost structures related to long-term
projects, including physical security, distribution of
liability, and other related costs.
``(5) Other challenges or considerations identified by the
Secretary.''.
SEC. 3310. BUDGET PLAN.
(a) In General.--Subtitle E of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16271 et seq.) is further
amended by adding at the end the following:
``SEC. 959. BUDGET PLAN.
``Not later than 12 months after the date of enactment of
the Nuclear Energy Innovation Capabilities Act, the
Department shall transmit to the Committee on Science, Space,
and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate 2
alternative 10-year budget plans for civilian nuclear energy
research and development by the Department. The first shall
assume constant annual funding for 10 years at the
appropriated level for the Department's civilian nuclear
energy research and development for fiscal year 2016. The
second shall be an unconstrained budget. The two plans shall
include--
``(1) a prioritized list of the Department's programs,
projects, and activities to best support the development of
advanced nuclear reactor technologies;
``(2) realistic budget requirements for the Department to
implement sections 955(c), 957, and 958 of this Act; and
``(3) the Department's justification for continuing or
terminating existing civilian nuclear energy research and
development programs.''.
(b) Report on Fusion Innovation.--Not later than 6 months
after the date of enactment of this title, the Secretary of
the Department of Energy shall transmit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that will identify
engineering designs for innovative fusion energy systems that
have the potential to demonstrate net energy production not
later than 15 years after the start of construction. In this
report, the Secretary will identify budgetary requirements
that would be necessary for the Department to carry out a
fusion innovation initiative to accelerate research and
development of these designs.
SEC. 3311. CONFORMING AMENDMENTS.
The table of contents for the Energy Policy Act of 2005 is
amended by striking the item relating to section 957 and
inserting the following:
``957. High-performance computation and supportive research.
``958. Enabling nuclear energy innovation.
``959. Budget plan.''.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour,
equally divided among and controlled by the chair and ranking minority
member of the Committee on Energy and Commerce and the chair and
ranking minority member of the Committee on Natural Resources.
The gentleman from Kentucky (Mr. Whitfield), the gentleman from
Illinois (Mr. Rush), the gentleman from Arkansas (Mr. Westerman), and
the gentleman from California (Mr. Huffman) each will control 15
minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. WHITFIELD. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material on S. 2012.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today I rise in support of the House amendment to S.
2012, the Energy Policy Modernization Act of 2016.
In December of last year, the House passed H.R. 8, the North American
Energy Security and Infrastructure Act of 2015, which is a large
portion of the language we are considering today. This legislation,
together with provisions from the Committee on Natural Resources and
the Committee on
[[Page H3199]]
Science, Space, and Technology, would be the first major piece of
energy legislation in 8 years, and it addresses many outdated aspects
of our Federal energy policy.
Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr.
Upton), the chairman of the Committee on Energy and Commerce.
Mr. UPTON. Mr. Speaker, I would like to wish the chairman a happy
birthday.
It has been nearly a decade since we last considered an energy
package like this. In that time, a lot has changed. Continued
innovation and discovery across the energy sector have brought about a
new landscape of abundant supply and tremendous potential for economic
growth. This has been a multiyear, multi-Congress effort, and a lot of
work has gone in to make sure that the bill that we put forward to
support the future of American energy is truly comprehensive. Together
with our colleagues, I am proud to be moving this legislation one step
closer to becoming the new reality for energy producers and consumers
across the country.
This bill is about jobs. It is about keeping energy affordable. It is
about boosting our energy security here and across the globe. H.R. 8 is
the embodiment of an all-of-the-above energy strategy. One of the most
important provisions is, in fact, modernizing and protecting critical
energy infrastructure, including the electric grid, from new threats,
including severe weather from climate, cyber threats, and physical
attacks as well.
It helps to foster and promote new 21st century energy jobs by
ensuring that the Department of Energy and our labs and universities
work together to train the energy workforce and entrepreneurs of
tomorrow. It makes energy efficiency, including Federal Government
energy efficiency, a priority, and focuses less on creating new
mandates and subsidies to incentivize behavior and more on market
changes and using the government as an example.
Finally, it helps update existing laws that bring some added
certainty to permitting processes and helps to promote using our
abundant resources to aid in diplomacy. For example, by streamlining
the approval process for projects such as the interstate natural gas
pipelines and LNG export facilities, the legislation will allow
businesses at the cutting edge of research to keep putting the full
scope of energy abundance to work for consumers both here and abroad.
This allows us to provide an energy lifeline to our allies across the
globe.
Provisions within H.R. 8 and others that have been included in the
amendment under consideration today also seek to capitalize on energy
sources that the administration has rejected. H.R. 8 brings much-needed
reforms to the hydropower licensing process as well, a clean energy
source that, together with nuclear, provides some 25 percent of the
United States' electricity, with no greenhouse gas emissions. It is
imperative that hydropower remains a vital part of any future.
The all-of-the-above energy strategy also means that the future of
American energy does not need to be a series of choices between the
environment and the economy. By introducing 21st century regulatory
reforms that reflect our energy abundance, and with the DOE's
Quadrennial Energy Review as a guide, this bill will help bring about
needed reforms and continued innovation across the energy sector.
The legislation before us today is the product of a thorough
assessment of the gap that we face between our stale energy regulations
and our budding energy supply. H.R. 8 closes the gap. I urge my
colleagues to support it.
Mr. RUSH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, when members of the Committee on Energy and Commerce
first began to address a comprehensive bipartisan energy bill in the
beginning of 2015, there was a sense of hopefulness, a sense of
optimism that the committee would once again set the standard for
working together to get things done on behalf of the American people in
a spirit of bipartisan cooperation.
At that time, Mr. Speaker, many of us on the minority side had
enormous expectations that we would draft a bill that would move our
energy policy forward in a manner befitting the challenges facing our
Nation in this, the 21st century.
Specifically, Mr. Speaker, from my perspective, a comprehensive
energy bill would need to modernize the Nation's aging energy
infrastructure, train a 21st century workforce, and address the
critically important issue of manmade climate change. Unfortunately,
Mr. Speaker, none of these issues are addressed in the bill that we are
voting on here today.
This 800-page hodgepodge of Republican and corporate priorities is
nothing more than a majority wish list of strictly ideological bills,
many of which the minority party opposes and the Obama administration
and the American people do not support.
Outside of just a few minor crumbs thrown in to represent the
priorities of the minority party, including my workforce development
legislation, the bill almost contains nothing that the American people
could support or rally behind. Specifically, Mr. Speaker, the
underlying bill, H.R. 8, does little more than take us backwards in
terms of energy policy, while also providing loopholes to help industry
avoid accountability and to avoid further regulation.
H.R. 8 contains efficiency provisions that will actually increase
energy use and energy costs to consumers, putting industry interests
above the public interest.
The bill's hydropower title weakens longstanding environmental review
procedures and curtails State, local, and tribal authority over
projects in their respective lands.
Mr. Speaker, the bill flagrantly binds the U.S. to an outdated
dependency on fossil fuels while failing to offer any constructive,
forward-looking policies to incentivize the development and the
deployment of clean energy.
As you know, Mr. Speaker, many of the bills contained in the House
amendment include controversial provisions that the minority party has
repeatedly opposed at both the committee level as well as here on the
House floor. Additionally, Mr. Speaker, many of these same poison pill
amendments in the bill have already received veto threats from the
Obama administration.
So, Mr. Speaker, with a bill that fails to modernize our energy
infrastructure, that fails to invest in job-creating clean energy
technologies, and that fails to cut carbon pollution, it is safe, Mr.
Speaker, to proclaim to this body that we still have a long, hard, and
cumbersome road ahead if we are ever to reach a point of finding
consensus, bipartisan consensus.
Unfortunately, Mr. Speaker, I cannot support this bill before us. I
urge my colleagues to oppose it as well.
Mr. Speaker, I reserve the balance of my time.
Mr. WHITFIELD. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from Oregon (Mr. Walden), who is a member of the Committee on
Energy and Commerce and is quite familiar with energy issues.
Mr. WALDEN. I thank my colleague from Kentucky for his great work on
this legislation and his thoughtful leadership on these issues over
many years.
Mr. Speaker, for all your work on this legislation to make much-
needed reforms to modernize energy policy into something that better
promotes affordability, reliability, and ensures we have the energy we
need to continue growing jobs in our communities, I say thank you.
Among the many strong provisions in this bill, several are
particularly important to the West and our rural communities across
central, eastern, and southern Oregon.
For farmers and ranchers in the Klamath Basin, this bill ensures that
they will actually get a formal seat at the table when there is
consultation with Federal agencies on decisions under the ESA.
Irrigators in this area have long been impacted by these decisions, and
it is only fair they should have an equal seat at the table with other
entities during these discussions.
Perhaps one of the timeliest provisions, Mr. Speaker, as we head into
forest fire season in the West, are the provisions that provide for
streamlined planning and would reduce frivolous lawsuits and speed up
the pace of forest management across our public lands.
This House, 4 years in a row now, after we pass this, has considered
much-needed legislation to fix the management of our Federal forests.
Now the Senate will have an opportunity to join us in this effort, as
we
[[Page H3200]]
amend this legislation and send it on over to the Senate. Our forested,
rural communities, Mr. Speaker, have waited long enough. They have
choked on smoke summer after summer long enough. They have seen their
watersheds get destroyed by catastrophic fire. It is time to fix the
problem.
Now, a couple other specifics, Mr. Speaker, on national forests
across eastern Oregon.
Forest managers' hands are tied by a one-size-fits-all rule
prohibiting the harvest of trees over 21 inches in diameter. This
measure was implemented temporarily in 1997 but still has not been
lifted 20 years later, just about. It represents really poor science.
It only serves as a source of frequent appeals and litigation.
Repealing this will give our forest managers the flexibility they need
to use modern science to actually manage the forests for healthier
conditions.
{time} 1430
Last month the Bureau of Land Management released their proposed
resource management plan for Oregon's unique O&C lands in southern and
western Oregon. Frankly, it is a terrible plan.
Despite a clear statutory requirement that they manage these lands
for sustainable timber production and revenue to the counties--dare I
say, jobs in the community--the BLM's plan goes the other way. It locks
up 75 percent of the lands and harvests less than half the minimum
level directed by the O&C Act. This is a job killer.
This bill includes bipartisan legislation that I wrote, working with
my colleagues from Oregon, Representatives DeFazio and Schrader, to cut
costs, increase timber harvest and revenue to local counties, and
direct BLM to revise their flawed management plan to actually reflect
the underlying act.
Mr. Speaker, this is good energy legislation. This is good natural
resource legislation. This is sound environmental legislation. I urge
its passage.
Mr. RUSH. Mr. Speaker, I yield 4 minutes to the gentleman from New
Jersey (Mr. Pallone), the outstanding ranking member of the full
committee.
Mr. PALLONE. Mr. Speaker, I want to thank Mr. Rush for managing the
opposition to the bill so successfully.
Mr. Speaker, today we are considering the House amendment to S. 2012,
the mistitled North American Energy Security Act of 2016. This
legislation once again shows us the vastly different paths taken by the
two Chambers of Congress.
On the one hand is the Senate energy bill that the House intends to
go to conference on. It passed by a vote of 85-15 because it is
balanced and because it contains a number of nonenergy provisions that
the public supports overwhelmingly, such as permanent funding for the
Land and Water Conservation Fund. On the other hand, the House energy
bill was the result of a highly partisan process that the President
threatened to veto.
As we prepare to head to conference, we have a second chance to do
things right and to produce a new, bipartisan energy bill.
Unfortunately, that is not what we are doing today. The Republican
majority has decided to replace the consensus Senate bill with a new
pro-polluter package that dwarfs the original H.R. 8.
When crafting the House amendment before us today, the Republican
caucus decided to tack on over 30 extraneous bills to an already bad
piece of energy legislation that the President promised to veto. While
a number of these new additions are noncontroversial bills, many of
these provisions are divisive, dangerous, and have drawn veto threats
of their own.
The House amendment to S. 2012 weakens protections for public health
and the environment, undermines existing laws designed to promote
efficiency, and does nothing to help realize the clean and renewable
energy policies of the future.
And, of course, this so-called energy infrastructure bill provides
absolutely no money to modernize the grid or our pipeline
infrastructure.
The House amendment is a backward-looking piece of energy legislation
at a time when we need to move forward.
Let me highlight some of the most harmful provisions solely from the
jurisdiction of the Energy and Commerce Committee.
This bill eliminates the current Presidential permitting process for
energy projects that cross the U.S. border. Such action would create a
new, weaker process that effectively rubber-stamps permit applications
and allows the Keystone pipeline to rise from the grave.
It makes dangerous and unnecessary changes to the FERC natural gas
pipeline siting process at the expense of private landowners, the
environment, and our national parks.
It harms electricity consumers at all levels by interfering with
competitive markets to subsidize uneconomic generating facilities.
These facilities would otherwise be rejected by the market in favor of
lower cost natural gas and renewable options.
It strikes language in current law that requires Federal buildings to
be designed to reduce consumption of fossil fuels.
It creates loopholes that would permit hydropower operators to dodge
compliance with environmental laws, including the Clean Water Act, and
gives preferential treatment to electric utilities at the expense of
States, tribes, farmers, and sportsmen.
It contains an energy efficiency title that, if enacted, would result
in a net increase in consumption and greenhouse gas emissions compared
to current law.
Frankly, Mr. Speaker, this is not a legitimate exercise in
legislating, and it speaks volumes about the total lack of seriousness
with which House Republicans are approaching this conference. We should
be trying to narrow the differences and move closer to the bipartisan
Senate product.
Instead, we are going in the opposite direction, voting on an 800-
page monstrosity energy package that the Republican leadership has
stitched together from pieces of pro-polluter bills that passed the
Senate only to die in the Senate or on the President's desk.
Voting once on these fundamentally flawed ideas was more than enough.
We shouldn't make a mockery of the conference process and be using the
House floor to try to raise the dead.
The House amendment to S. 2012 has one central theme binding its
energy provisions: an unerring devotion to the energy of the past. It
is the Republican Party's 19th century vision for the future of U.S.
energy policy in the 21st century.
I strongly oppose the House amendment, obviously, and I urge my
colleagues to do the same.
Mr. WHITFIELD. Mr. Speaker, I yield 5 minutes to the gentleman from
Texas (Mr. Smith), who is a real expert on energy issues.
Mr. SMITH of Texas. Mr. Speaker, first of all, I want to thank the
gentleman from Kentucky, Chairman Whitfield, for yielding me time.
I am pleased to support the House amendment to the Senate Energy
Policy Modernization Act.
Division D of this legislation includes the three energy titles from
the Science Committee's House-passed legislation, H.R. 1806, the
America Competes Reauthorization Act of 2015, and H.R. 4084, the
Nuclear Energy Innovation Capabilities Act. Division D is both pro-
science and fiscally responsible and sets America on a path to remain
the world's leader in innovation.
America's economic and productivity growth relies on government
support of basic research to enable the scientific breakthroughs that
fuel technological innovation, new industries, enhanced international
competitiveness, and job creation.
Title V reauthorizes the Department of Energy Office of Science for 2
years. It prioritizes the National Laboratories' basic research that
enables researchers in all 50 States to have access to world-class user
facilities, including supercomputers and high-intensity light sources.
The bill prevents duplication and requires DOE to certify that its
climate science work is unique and not replicated by other Federal
agencies.
Title VI likewise reauthorizes DOE's applied research and
developmental programs and activities for fiscal year 2016 and fiscal
year 2017. It restrains the unjustified growth in spending on late-
stage commercialization efforts and focuses instead on basic and
applied research efforts.
Division D also requires DOE to provide a regular strategic analysis
of science and technology activities within the Department, identifying
key
[[Page H3201]]
areas for collaboration across science and applied research programs.
This will reduce waste and duplication and identify activities that
could be better undertaken by States, institutions of higher education
or the private sector, and areas of subpar performance that should be
eliminated.
Title VII proposes to cut red tape and bureaucracy in the DOE
technology transfer process. It allows contractor operators of DOE
National Laboratories to work with the private sector more efficiently
by delegating signature authority to the directors of the National Labs
themselves rather than DOE contracting officers for cooperative
agreements valued at less than $1 million.
Also included is H.R. 4084, Energy Subcommittee Chairman Randy
Weber's House-passed Nuclear Energy Innovation Capabilities Act. It
provides a clear timeline for DOE to complete a research reactor user
facility within 10 years. This research reactor will enable proprietary
and academic research to develop supercomputing models and design next
generation nuclear energy technology.
H.R. 4084 creates a reliable mechanism for the private sector to
partner with DOE labs to build fission and fusion prototype reactors at
DOE sites.
Overall, Division D sets the right priorities for Federal civilian
research, which enhances U.S. competitiveness while reducing spending
and the Federal deficit by over $550 million.
I encourage my colleagues to support this bill.
Mr. RUSH. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Castor), an outstanding and hardworking member of the
Energy and Power Subcommittee and the Energy and Commerce full
committee.
Ms. CASTOR of Florida. I thank the gentleman, Ranking Member Rush,
for his leadership on energy solutions for America.
Mr. Speaker, I rise in opposition to the Republican amendment because
it is a giveaway to special interests and it is a missed opportunity to
craft a bipartisan package of energy policies that meet the challenges
of the 21st century and boost America's clean energy economy.
The GOP-led Congress is out of sync with the American public and out
of touch with what is happening in electricity generation across
America.
The future is about energy efficiency and geothermal, renewables like
solar, wind power, and biomass. In fact, the U.S. Energy Information
Administration says renewable energy is the world's fastest growing
energy source.
That means innovative, cost-saving energy investments for our
neighbors and businesses back home. That means we are going to create
jobs through the clean energy economy and, at the same time, reduce
carbon pollution.
Instead, in this amendment, the GOP doubles down on dirty fuel
sources. It logrolls 36 bills into a single package that, in many
cases, eliminates environmental reviews, and the experts say the bill
will actually accelerate climate change.
So if the Republican energy package was a car, it wouldn't just be
stuck in neutral, it would be stuck in reverse because it harkens back
to the energy policies of decades ago rather than America's growing
clean energy economy of the future.
Let's not go backwards. Let's move Americans forward and put money
back into the pockets of our hardworking neighbors.
I urge the House to reject the GOP amendment.
Mr. WHITFIELD. Mr. Speaker, I would like to inquire how much time is
remaining on both sides.
The SPEAKER pro tempore. The gentleman from Kentucky has 4\3/4\
minutes remaining. The gentleman from Illinois has 4 minutes remaining.
Mr. WHITFIELD. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Valadao).
Mr. VALADAO. Mr. Speaker, I want to thank my colleagues on both
committees of jurisdiction here, Energy and Commerce and Natural
Resources. The language that they allowed to be put into this energy
bill from my water bill is something that truly makes a difference for
the constituents of the Central Valley.
We have been suffering over these last few years, and what it has
done is devastated our communities. We have unemployment numbers
reaching as high as 30 and 40 percent. We see numbers even in some
smaller communities as high as 50 percent. To see these things happen
in our communities is a total tragedy, and it doesn't have to happen.
All we need is some commonsense legislation.
We have tried reaching out. We have passed legislation out of the
House a few different times. We have negotiated and tried to get
somewhere, but we weren't able to do it.
So finding another way to get this onto our Senators' desks so that
they can actually take some action and get it to the President's desk
is of the utmost importance.
I appreciate all the leadership and all the help from both committees
to help this move forward.
Mr. RUSH. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. McNerney).
Mr. McNERNEY. Mr. Speaker, I thank Ranking Member Rush. I also want
to thank my colleagues on the Energy and Commerce Committee, including
the chairman of the subcommittee, for their hard work.
I am pleased to have several bipartisan measures included in the
legislation, including reforming hydropower licensing, addressing
efficiency in Federal buildings, enhancing the energy-water nexus,
verification of cyber-resilient products for the grid, authorization of
water programs, an update of our national policy on the future of the
grid, and smart grid-capable labels on products to enhance consumer
choice.
These are items I believe should remain in any final energy package.
Unfortunately, the Republicans have loaded the bill with
nonconstructive language.
One such provision is language from H.R. 2898 that would harm
California's delta and the economies of the families, farmers, and
communities I represent. There is no way this language should be part
of an energy package. It is just an add-on. It just shows how desperate
the Republicans are to push through this bad policy.
Because of this, I regretfully oppose this legislation.
Mr. Speaker, our Nation's energy and electricity systems need
upgrades and modernization. Climate change needs to be addressed. The
Senate companion bill does not address these issues.
So, again, unfortunately, I have to oppose this legislation.
{time} 1445
Mr. WHITFIELD. Mr. Speaker, I reserve the balance of my time.
Mr. RUSH. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Garamendi).
Mr. GARAMENDI. Mr. Speaker, I want to say we have been here before.
Last night we argued about undertaking the water wars of California.
Once again, here we are. This time, as last night, legislation dumped
into this energy bill that will gut the environmental protections of
the delta and San Francisco Bay, destroy the fisheries, destroy the
economy of the delta and water for millions of people.
Why would we want to do this?
Well, presumably, to take care of the water interests of the San
Joaquin Valley, not southern California, but the San Joaquin Valley
alone. It makes no sense whatsoever. It is the wrong policy.
We have to let science govern the delta. We have to operate the delta
based upon the very best possible science available, do the pumping, do
the exports, consistent with the protection of the ecology and the
environment of the delta; that is fish, that is the land, that is the
water systems.
The ESA, the Clean Water Act, and the biological opinions, cannot be
overrun. Yet, this legislation does exactly that.
We ought to vote ``no'' on this bill. These particular sections
should be removed.
Mr. WHITFIELD. Mr. Speaker, I reserve the balance of my time.
Mr. RUSH. Mr. Speaker, may I inquire how much time I have remaining?
The SPEAKER pro tempore. The gentleman from Illinois has 1\1/2\
minutes remaining.
Mr. RUSH. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I just want to reemphasize that, for the minority side
to support this bill and its going forward,
[[Page H3202]]
there must be provisions included in the bill that will address the
deeply felt concern that our Members have continually expressed.
Specifically, Mr. Speaker, our Members would like to see funding to
modernize the Nation's energy infrastructure. Our Members want to see
investment in clean energy technology. Our Members want to see
resources to train a 21st century workforce. Our Members want to see
policies to transition our economy away from the energy sources of the
past and towards the sustainable energy sources of the future.
Mr. Speaker, without these provisions, this bill won't go very far.
Mr. Speaker, I encourage all Members of this House to vote ``no'' on
this so-called energy bill. It is a relic. It is backwards-looking. It
puts the Nation on a reverse course.
Mr. Speaker, I yield back the balance of my time.
Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may
consume.
To our friends on the other side of the aisle, I want to thank them
for working with us on this legislation. I know it is difficult to
please everyone.
Any time you talk about energy today, of course, people raise the
issue of climate change. And I might say that America does not have to
take a back seat to any country in the world on climate change. We have
64 different government programs addressing climate change, so I think
America is doing more on that issue than anyone else.
But we have other problems that we have to deal with as well. For
example, the U.S. Energy Information Administration estimates that
power outages in America cost Americans at least $150 billion annually.
One of the reasons we have a lot of power outages is because of our
infrastructure needs, but also because of regulations coming out of
this administration.
One of the provisions in this bill requires FERC to analyze the
impact on electric reliability of new Federal regulations that have
many experts concerned. So we want an analysis of all these regulations
and its impact on reliability.
We have heard a lot of discussion about the need for work-training
programs for people to work in energy, in the renewable sector, and all
sectors. And we had a serious discussion with our friends on the other
side of the aisle as we were marking up this legislation. We had
basically agreed on a provision to provide training for African
Americans, for Hispanics, for women, and for other minorities, to get
them involved in the energy field, which we all wanted to do. We even
provided some money for that training program.
But we had said, if we do this, we want to change a couple of
provisions in the 2005 Energy Policy Act. For example, in that act,
there was a prohibition against the Federal government in Federal
buildings using any fossil fuels after the year 2030.
We think that is pretty draconian. So we said we are not going to
mandate the use of fossil fuels, but in keeping even with the
President's statements about an all-of-the-above energy policy, we
wanted a provision in there that would repeal that so if there was a
time in the future when we needed fossil fuels because fossil fuels are
still providing about 50 to 60 percent of all the electricity in
America--even more than that--coal and natural gas.
So this provision simply says we are going to allow it. We are not
mandating it, but the government has the option, after 2030, of using
fossil fuel in government buildings. We think that is a sensible
approach, but our friends on the other side of the aisle had dug in the
sand so much, they refused that: We will not support it if that is in
there.
So some of these provisions that we all wanted, we don't have in
here, but we are trying to do the best that we can do.
I think this is a major step forward for the American people, and I
would urge everyone to support S. 2012, the Energy Policy Modernization
Act of 2016, and the House amendment to it.
Mr. Speaker, I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support for the inclusion of H.R. 2647, the
Resilient Federal Forests Act, in the House amendment to S. 2012.
The House passed H.R. 2647 with 262 bipartisan votes last July, and
it has been waiting for Senate action since then.
When we passed the bill nearly a year ago, we knew we were facing a
severe wildfire season. We were correct. More than 10.1 million acres
of forest land burned across the country, the largest number of acres
ever recorded. Over 4,500 homes and other structures were destroyed.
Mr. Speaker, these fires destroyed valuable resources, and emitted in
the order of magnitude of 100 million tons of carbon into the
atmosphere while burning up the equivalent renewable energy stored in
our forests of 20 to 30 billion gallons of gasoline. Tragically, these
fires also claimed the lives of seven firefighters who worked
courageously to stop the spread of these wildfires into communities.
When the House passed H.R. 2647 last summer, we hoped that the
passage would spur action from the Senate. Unfortunately, that has not
been the case. We have waited patiently for the Senate to offer its own
legislation so we could sit down and negotiate a compromise. However,
that has not been the case, so we should again ask the Senate to act on
forestry reform.
H.R. 2647 is premised on a simple idea: that the Forest Service and
the BLM need to do more work to restore the health and resilience of
our Nation's forests.
We understand the problem clearly. Our forests are overgrown due to
years of neglect. This problem cannot be solved immediately, but we
have an obligation to our rural communities to do everything we can to
help mitigate the problem.
In drafting this bill, we included provisions which would allow our
Federal land management agencies to be able to shorten lengthy
environmental review periods when they already understand the
environmental impacts of a proposed management action. This bill also
encourages and rewards collaboration between diverse stakeholder
groups.
The Natural Resources Committee recognizes the chilling effect of
unnecessary litigation and how that can prevent needed restoration work
from occurring in our Nation's forests. The committee heard testimony
from a variety of experts who testified about how restoration work is
not being proposed by the Forest Service for fear that it will be
litigated.
My bill takes the simple step of requiring anyone who litigates a
forest management project to post a bond if they are challenging a
project put forth by a collaborative effort. It is not unreasonable to
ask a litigant who threatens an urgently needed project that is put
forth by a diverse group of stakeholders to have some skin in the game.
This bill also recognizes the reality that we must rethink the manner
in which we fund the fighting of catastrophic wildfires. The Forest
Service is burdened with having to transfer funds from other accounts
in order to cover the cost of wildfire suppression. Just last year, the
Forest Service was forced to transfer $243 million from other agency
accounts during 1 week in August in order to pay for firefighting
costs. These transfers disrupt the very work that reduces the risk of
wildfires in the first place.
H.R. 2647 addresses this issue by allowing catastrophic wildfires to
be treated like any other natural disaster. The Department of
Agriculture and the Department of the Interior would be able to access
FEMA's Disaster Relief Fund to help fight wildfires when all
appropriated accounts are exhausted. This provision was drafted in a
fiscally responsible manner to ensure that fighting these fires does
not become a drain on our budget.
Mr. Speaker, this bill will not make a difference in the health of
our Nation's Federal forests overnight, but it provides urgently needed
tools to help our land management agencies to reduce the threat of
catastrophic wildfires in our communities and to be good stewards of a
treasured national resource.
I urge my colleagues to support the House amendment to S. 2012 so
that we can go to conference and work out a solution to the many
problems facing our Nation's Federal forests.
[[Page H3203]]
Mr. Speaker, I reserve the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
Today I rise in opposition to the litany of bad, environmentally
harmful bills that the House Republican leadership is offering in place
of the bipartisan Senate energy bill.
Now, the Senate bill, S. 2012, was sound policy and represented real
progress on many important issues, but the package we are considering
today is a dangerous threat. Not only is this package bad for drought-
stricken States like California, but it includes a wish list of
giveaways for the fossil fuel and mining industries, it undermines
vital Endangered Species Act protections, and it undermines public
review.
{time} 1500
This is not a promising start to conference negotiations. Why are we
wasting our time on a package of partisan bills that we have considered
before and which we all know will never be signed into law?
Even worse than the substance, Republicans shot down the request to
consider this bill under an open amendment process. Now, I, for one,
would have recommended many changes if we were allowed to consider this
very controversial omnibus bill under regular order. Just to name a
few:
The House amendment we are considering today continues the unending
threats that Congress poses under current management to the health of
the bay delta and the vital salmon runs that are so important to
California and to my district, not to mention specific threats to the
San Joaquin River and to the Klamath and Trinity River systems, their
salmon fisheries, and the people that depend upon them;
The House amendment we are considering today would bring back from
the dead the undeniably harmful Keystone XL pipeline;
The House amendment we are considering today would roll back building
codes;
It would be harmful to forest management policy and wildfire
mitigation because it uses a short-sighted model for funding instead of
bringing forward the actual fix to the fire borrowing problem, the
bipartisan legislation by Representatives Simpson and Schrader that I
have supported each of the last several years but we never seem to be
able to actually bring to a vote in this House.
I urge my colleagues today to vote for the Senate energy bill in its
current form, in its original form, which is the result of true,
bipartisan compromise, so we can actually get that legislation and all
of its useful provisions over the finish line.
Mr. Speaker, I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Wyoming (Mrs. Lummis).
Mrs. LUMMIS. Mr. Speaker, I am pleased this amendment will improve
the stewardship of public lands, water, and natural resources
throughout the West.
I am pleased to see Western priorities included in this bill, from
the drought-stricken California to the responsible production of
strategic and critical minerals on Federal lands. They are critical to
national defense and make possible modern amenities like smartphones
and tablets.
On tribal lands, the House amendment will empower tribes with more
authority over their own land. The best forestry bill we have seen in
years came from Mr. Westerman, and he just talked about it.
Finally, the sportsmen's title will restore much-needed attorney fee
transparency under the Equal Access to Justice Act. This law was
created to help small businesses, veterans, and Social Security
beneficiaries when they have to take the Federal Government to court.
But it is being used on endless public lands litigation with
consequences for sportsmen's access and other multiple use of public
lands.
Finally, this would reinstate the Fish and Wildlife Service's own
rulemaking regarding gray wolves in Wyoming and Western States.
Mr. Speaker, I urge my colleagues' support.
Mr. HUFFMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
Stockton, California (Mr. McNerney), who continuously fights for his
district's water interests and the interests of California as they
pertain to our most important estuary, the bay-delta system.
Mr. McNERNEY. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, we had a debate last night about a familiar issue--
California's drought. It is something that impacts all of us, including
Oregon and Washington State, not just people south of the delta.
Unfortunately, H.R. 2898 was included in the Energy and Water
Development appropriations bill, and it is alarming that the House
Republicans have tacked the same language onto the energy bill. This
shows the desperation of the House Republicans to force this bad
legislation through.
As I said last night, these provisions would further drain freshwater
from the California delta. These provisions would damage the delta's
ecosystem and harm the communities I represent. It harms some people to
benefit others just because one side has the power to do it.
I represent the seventh largest agricultural county in the Nation, so
I understand the needs of farmers and ranchers and the impact that
water has on the ability to produce the Nation's fruits, nuts, and
vegetables.
Unfortunately, H.R. 2898 would weaken the Endangered Species Act and
set a precedent of undermining environmental protections. It also
exacerbates a water war in the West just at a time when we are working
to bridge those divides. In fact, the State and Federal agencies have
been working effectively over the past few years to maximize water
deliveries to the delta to communities down south.
Federal and State agencies have maximized what little water exists in
the State. A lack of water is our biggest threat, not operational
flexibility. Last night we heard about wasted water. What hasn't been
said is that water that flows to the ocean pushes the saltwater out
away from our farms and allows a path for salmon to the ocean.
The majority hasn't reauthorized WaterSmart. They haven't supported
investments in recycling. They have cut funding for the Department of
the Interior's efforts to boost water assistance. They haven't voted on
water infrastructure improvements. How do we prepare for the future
either in wet or dry years? This House isn't willing to make those
kinds of investments.
Our Nation loses approximately 2 trillion gallons of water because of
aging infrastructure. That is about 6 billion gallons of water wasted
every day.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HUFFMAN. Mr. Speaker, I yield the gentleman from California an
additional 30 seconds.
Mr. McNERNEY. There are investments that can be made to recycle water
and find wasteful leakage. For example, the State of Israel recycles 90
percent of its water. California recycles only 15 percent. Instead, the
Republicans have pushed language that results in diminished fish
populations and worsens saltwater intrusion, which affects the water
being exported that permanently damages some of our most productive
farmland in the world.
Mr. Speaker, this is not a solution. It is a step backward. I am
disappointed with this bill, and I urge my colleagues to oppose it.
Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from
Virginia (Mr. Wittman).
Mr. WITTMAN. Mr. Speaker, I rise to support the House amendment to S.
2012, the Energy Policy Modernization Act of 2016.
The House amendment includes the Sportsmen's Heritage and
Recreational Enhancement Act of 2016, better known as the SHARE Act,
which passed with bipartisan support in February in the House.
The SHARE Act is part of a group of commonsense bills that will
eliminate unneeded regulatory impediments, safeguard against new
regulations that impede outdoor sporting activities, and protect Second
Amendment rights. These packages were similarly introduced and passed
in the 112th and 113th Congresses.
Outdoor sporting activities, including hunting, fishing, and
recreational shooting are deeply engrained in the fabric of the United
States' culture and heritage. Values instilled by partaking
[[Page H3204]]
in these activities are passed down from generation to generation and
play a significant part in the lives of millions of Americans.
Much of America's outdoor sporting activity occurs on our Nation's
Federal lands. Unfortunately, Federal agencies like the U.S. Forest
Service and the Bureau of Land Management often prevent or impede
access to Federal land for outdoor sporting activities. Because lack of
access is one of the key reasons sportsmen and -women stop
participating in outdoor sporting activities, ensuring the public has
reliable access to our Nation's Federal lands must remain a top
priority. The SHARE Act does just that.
One of the key provisions of this bill, the Recreational Fishing and
Hunting Heritage Opportunities Act, will increase and sustain access
for hunting, fishing, and recreational shooting on Federal lands for
generations to come. Specifically, it protects sportsmen and -women
from arbitrary efforts by the Federal Government to block Federal lands
from hunting and fishing activities by implementing an open-until-
closed management policy.
It also, in the package, provides tools to jointly create and
maintain recreational shooting ranges on Federal lands and allows the
Department of the Interior to designate hunter access corridors through
National Park units so that sportsmen and -women can hunt and fish on
adjacent Federal lands.
The package also protects Second Amendment rights and the use of
traditional ammunition and fishing tackle. It defends law-abiding
individuals' constitutional rights to keep and bear arms on lands
managed by the Corps of Engineers and ensures that hunters are not
burdened by outdated laws preventing bows and crossbows from being
transported across national parks.
This important legislation will sustain America's rich hunting and
fishing traditions, improve access to our Federal lands for responsible
outdoor sporting activities, and help ensure that current and future
generations of sportsmen and -women are able to enjoy the sporting
activities this country holds dear.
Mr. Speaker, I strongly encourage my colleagues to vote ``yes'' on
this important achievement.
Mr. HUFFMAN. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Fresno, California (Mr. Costa).
Mr. COSTA. Mr. Speaker, I thank Mr. Huffman for yielding me the time.
Mr. Speaker, I rise to support the amendment in the Energy Policy
Modernization Act that was reflected in Congressman Valadao's
legislation, H.R. 2898, of which I am a cosponsor. It is an important
effort to try to fix California's broken water system.
We cannot continue to kick this can down the road as we have for the
last several years. Unfortunately, that is what has continued to
happen. Farms, farm communities, and farmworkers are desperate to have
Washington recognize that we cannot continue the status quo.
Our Nation's food supply is an issue of national security, and we are
dependent upon it. We don't think about it that way, but it is a fact.
The drought impacts in California and the West are not going to get
better. With climate change, they are going to continue to get worse.
Passing this bill is part of a continuing effort to try to get
something done. The Federal Government cannot continue to ignore the
drought and the devastating impacts not only in the San Joaquin Valley,
but statewide and Western States-wide.
Parts of the valley are parched and without water, and we must
continue to raise this issue every way we can. That is why we are doing
this. Getting this legislation passed is part of an effort to fix
California's broken water system.
There was talk about issuing an allocation, and we were hoping for an
El Nino. Guess what. It didn't happen. We got a 5 percent water
allocation on the West side. Last year it was zero. The year before it
was zero. Zero is zero. It means no water.
So let's try to work together. Let's put aside our talking points and
the political posturing for not only California farmers, farmworkers,
and farm communities, but American families who count on having
nutritious, healthy, and affordable food on their dinner table every
night.
Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. LaMalfa).
Mr. LaMALFA. Mr. Speaker, I thank the gentleman from Arkansas for his
help and for all his good work and for his vast knowledge of trees and
forestry. I appreciate it.
Mr. Speaker, today the House has an opportunity to advance real
reforms and modernize the outdated policies that are preventing
responsible management of California's water resources.
Title I of division C of this measure includes language developed
through exhaustive bipartisan, bicameral negotiations passed repeatedly
by the House with bipartisan support. While the House has taken action
on this issue, including this language today ensures that California's
Senators can no longer ignore the crisis facing our State.
This Chamber has heard quite a bit about California's water woes over
the last few years, including some claims that don't meet the threshold
of fact, and it is time we set the record straight.
Some falsely claim this bill prioritizes one area over another. As
the sole Representative of the source of the vast majority of
California's usable water, I can state this measure includes the
strongest possible protections for northern California area of origin
and senior water rights. It safeguards the most fundamental water right
of all: that those who live where water originates have access to it.
That is why northern California water districts and farmers in my area
strongly support this bill.
The measure accelerates surface water storage infrastructure projects
that over two-thirds of Californians voted to fund, updating the system
last expanded four decades ago. One of these projects, Sites Reservoir,
would have saved 1 million acre-feet of water this winter alone, enough
to supply 8 million Californians for a year. We simply can't expect 40
million people to survive on infrastructure designed for half that, yet
that is exactly what members of the minority party argue for.
We have heard wild claims about how this measure could harm
endangered species, but in reality it lives within the ESA and the
biological opinions. Rather than alter the ESA--and believe me, I would
like to--this measure improves population monitoring techniques and
technology. Wildlife agencies currently base orders to cut off water on
hunches, not data. This bill would provide actual facts to end the
arbitrary decisions we have seen in recent years.
Finally, this bill sensibly allows more water to be stored and used
during winter storms when river flows are highest and there is no
impact to fish populations. Even as delta outflows surpassed 100,000
acre-feet per second this year, as we see in this graphic here, during
2016, the water saved was even less by a percent than during low-flow
years.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. WESTERMAN. Mr. Speaker, I yield the gentleman an additional 30
seconds.
Mr. LaMALFA. As a result, the lost opportunity of filling one of our
largest reservoirs. San Luis Reservoir is barely half full. This bill
ensures that, when we have more water, it is saved for later use, which
helps all Californians. Why wouldn't we want to do this?
Mr. Speaker, we can't wait any longer. It is time that we end the
rhetoric, end the obstruction, and address the crisis that threatens
our State's strong economic livelihood.
If Marin County and San Francisco can get all the water they need,
how is it fair that districts in the Central Valley get only 5 percent
of their allocation when water is aplenty?
{time} 1515
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
Calling the Valadao water bill bipartisan does not make it genuinely
so.
Let me just share with my colleagues what Senator Dianne Feinstein
has said about this bill. She said it contains ``provisions that would
violate environmental law,'' which she cannot support.
California Senator Barbara Boxer said the bill is ``the same-old,
same-old and will only reignite the water wars.''
[[Page H3205]]
The Obama administration opposes this bill. The State of California
not only opposes these provisions, but has opposed all previous
incarnations of this bill, which has been bouncing around for some
time, long before the current drought gave it a new drought-related
title.
I will just close with what the Fresno Bee has said about this bill.
The Fresno Bee says about this bill: ``In some cases, it's an
unabashed GOP wish list'' that has ``little, if anything, in common
with a 140-page draft water bill floated by Democrats.''
Mr. Speaker, I yield 3 minutes to the gentlewoman from California
(Ms. Matsui), who has long fought to protect the delta and the
interests of her region.
Ms. MATSUI. Mr. Speaker, I rise in strong opposition to the House
amendment to S. 2012, the Energy Policy Modernization Act.
Although this bill contains some important provisions overall, it
raises barriers to our clean energy future by reversing important
progress we have made to curb emissions and combat climate change.
House Republicans have made a bad bill worse by attaching harmful
provisions that will have a negative impact on consumers, public
health, and our environment.
Mr. Speaker, I am particularly concerned that this energy package is
being used to advance irresponsible, short-term policies in response to
California's drought. The provisions included in this bill will pit one
region of our great State against another instead of providing a
balanced, long-term solution.
We need to be taking an all-of-the-above approach to our drought by
advancing wastewater recycling projects, investing in groundwater
storage, and encouraging new technologies that allow us to responsibly
manage our water usage.
I actually grew up on a Central Valley farm. My grandparents farmed
in Reedley, California, and I grew up in Dinuba. So I understand that
the debate over water is complicated and personal to so many, but I
believe that we can balance the needs of our farmers and urban centers
while protecting our drinking water supply and our ecosystems. Our
American families deserve an energy package that brings us forward, not
backwards.
I urge my colleagues to vote ``no'' on the Energy Policy
Modernization Act of 2015.
Mr. WESTERMAN. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. McCarthy), our distinguished, hardworking, and, above
all, compassionate and fair majority leader.
Mr. McCARTHY. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, there are places in this world that hold people's
imagination--Washington, D.C., New York City, and Paris, the great
rolling plains crossed by American pioneers, and the Himalayan
mountains touching into the heavens.
I was blessed, blessed more than I knew, to grow up in such a place,
a place called California. It is so distinctive and impressive, it is
unreal. Warm, sun-drenched beaches, snowcapped mountains, great cities,
forests, deserts, farmland growing fruits, nuts, and vegetables
stretching as far as the eye can see. It is a place that is always
filled with promise and potential. In many ways, California's history
mirrors the history of America. It started as nothing much, but people
came and they built it. We grew and prospered. We became the envy of
the world.
Like America, today, California faces great uncertainty. Some
problems are the same, shared by the entire Nation, but California and
almost the entire Western United States are enduring something much
worse--the drought. The drought has lingered for years. El Nino helped
alleviate some of the problem, but the drought continues. Communities
have less water, farmland that once fed the world now sits dry. People
are losing their livelihoods and their hope. There is no way to end the
drought, but it doesn't have to be as bad as it is.
Now, water that can be stored is being lost. Bureaucrats release
freshwater out to the sea. Our most valuable resource is being wasted.
This matters today because we are considering a bill from our
colleagues in the Senate--the Energy Policy Modernization Act. Before
the Senate passed this bill, they added several provisions, including
language to address water issues in Washington State.
I have to say, Mr. Speaker, that I am very happy that the Senate
brought this up. After all, if we are going to address the water issue
in Washington State, we should address the water issue across the West.
So we included in our amendment to the legislation Representative
Valadao's Western Water and American Food Security Act. We passed this
last year in the House so we could build more water storage and
increase our reservoirs while still allowing water to flow through the
Sacramento delta.
Water is so necessary for our constituents that we aren't stopping
with this bill. We have already began consideration of the Energy and
Water Appropriations bill, which includes even more provisions to deal
with the drought.
So there is a simple message for our Democrat colleagues in the
Senate. House Republicans won't stop. We will keep passing bills until
our people get the water they need. Because once we get water, so much
of the uncertainty facing California and the entire West will be
brushed aside.
You see, California and America as a whole face a crisis of bad
governance. Many look around and see life isn't getting any better.
They wonder if our Nation is in decline.
But that is not who we are, not as Americans and not as Californians.
Our best days are not behind us. We will not quietly manage our
decline. I reject the idea that we have reached the heights of our
shining city on a hill, and that it is time to come back down to a
world of limits and uncertainty. The choice is ours to make because as
Americans we write our own future. That is what this vote means for me
and for every Californian. The laws governing water are broken. The
bureaucracy is working against the people. The system is holding us
back, but this is not how it has to be.
California has long been a reflection of America's promise. We also
helped America to realize its promise. We led the way in media,
technology, agriculture, and even space. Bring the water back and I
know we will lead America once again, and help to restore hope in our
future.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
I share the majority leader's view that California is a unique and
iconic and majestic place. I would only add that part of what makes it
so includes the great rivers and iconic salmon runs in California from
the Central Valley to the North Coast, where I represent, and the
incredibly important bay-delta estuary, the most ecologically important
estuary on the West Coast of the Americas, which despite all of the
damage we have done to it over the past 100-plus years, still teams
with waterfowl and wildlife and still supports salmon that are the
staple of the commercial salmon fishing industry, not just in
California, but in Washington and Oregon.
That is why groups who advocate for these fisheries, folks who make
their living by depending on these fish, are uniformly against the
Republican water bill that has been added in by way of this amendment.
Fishing jobs matter, too. It is part of what makes California great.
There is no one that understands that better than my colleague, Mike
Thompson.
Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
Thompson).
Mr. THOMPSON of California. Mr. Speaker, I thank my friend for
yielding time.
Mr. Speaker, I rise in opposition to the amendment to the Senate bill
that is before us.
California is in a true state of emergency when it comes to water. We
are in a multiyear drought. And even after this winter's El Nino, only
one of our State's reservoirs are filled to capacity.
The drought is having a serious impact on families, on farms, on
farmers, on fishers, and on businesses across California. We need
science-based, long-term solutions to our State's water challenges, and
this bill is not the solution.
It won't help our State to improve water efficiency and make the most
of the water that we have. It is based on the misguided assumption that
our
[[Page H3206]]
water crisis can be remedied by pumping more water south. The truth is
we haven't pumped more water south because there simply isn't enough
water. We are in a drought.
The provisions we are debating today redefine the standard by which
the Endangered Species Act is applied. This will weaken the law,
increase the risk of species extinction, and lead to costly litigation.
You will hear the other side talk about how this is necessary because
we are letting millions of gallons of water wash out to sea in order to
protect fish when that water could have been pumped to farmers in
California's Central Valley.
The reality is that water needs to keep moving through the delta so
that saltwater doesn't wash in, jeopardizing water quality for farms
and for communities, including cities in my district that rely on the
delta for their freshwater supply.
It is important to note that this bill sets a dangerous precedent for
every other State in our country. California has a system of water
management rules that have endured for a long time, but this bill
overrides water regulations developed by Californians themselves, and
tells local resource managers and water districts how to administer
their water supplies.
If we pass this bill, we are telling every State in America that we
are okay with the Federal Government undermining local experts and
State laws from coast to coast.
We need real solutions that are based on science and that work for
everyone. If you can set the science aside in California, you can do it
anywhere. You have no protection for your resources.
This isn't about farmers versus fish. It is about saving salmon,
saving cities in the delta, delta farmers, north of delta farmers, and
resources across our country.
I am not insensitive to the supply and demand reality of California's
water. I understand the concerns of Central Valley farmers. Remember, I
am one. Ag is big in my district, too. But if your well runs dry, the
solution isn't to steal water from your neighbors.
This bill isn't the solution. It is bad for the millions who depend
on the delta for their livelihoods, it is bad for California, and it is
bad for States across our country.
I urge all of my colleagues to vote ``no'' on this measure.
Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Valadao).
Mr. VALADAO. Mr. Speaker, I always enjoy listening to my friends on
the other side of the aisle say that this is theft, that we are
stealing water.
This graph has been used a few times. This is the amount of water
going through the delta in 2015, and this is when it was exported; in
2016, the amount of water going out into the ocean. This is not
stealing from one person's well in their community to another
community. This is water that is going out into the ocean that they are
advocating that we go and spend more taxpayer money and desalinate so
that we can bring it right back.
When it comes to protecting the delta, which we all want to do, I
would actually recommend that the communities around the delta stop
dumping their sewage in it. With over 300 million gallons of sewage
being dumped in the delta on a daily basis, you would think that would
have a bigger impact on the delta species and everything else that is
going on there than a little bit of water being pumped.
There were periods this past winter alone where there was 150,000
cubic feet of water per second going through that delta. We are asking
for 5,000, and at those high periods maybe 7,500. Think about that.
150,000 cubic feet per second, and we are asking for 7,500, as if we
are going to pump a delta dry and have a huge impact. I would still
argue that dumping your sewage in the delta would have a bigger impact
on those species than anything else.
{time} 1530
If you are truly concerned with protecting those species, you would
think you would take some of the legislation that we have in there that
has to do with the invasive species, the predator species, the striped
bass that is actually consuming baby salmon and is also consuming the
delta smelt.
We know that it is happening. I have seen studies that point to as
much as 98 percent of delta smelt being consumed by this striped bass.
Why don't we take a look at the legislation that is in this bill now
and actually adopt it and have a real impact and save these species for
our future generations. It is time top stop playing games and hurting
other communities.
We are looking to capture a little bit of water that goes to the
delta. Obviously, a lot was wasted this year. We are not trying to
steal from anybody else. It is a fair and very equitable ask. It has
little impact on the delta.
If there are those who really want to protect the delta, let's look
at every part of it, including the sewage, including the invasive
species. I think there is a lot of room to compromise, and I would
appreciate the opportunity.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
When I hear my colleagues across the aisle continually describe
outflow through the delta estuary as water that is somehow wasted and
available to be taken for any purpose, it requires us often to remind
them that this delta water system without that outflow would not be
available to millions of Californians for drinking water and it would
not be available to the Central Valley for agricultural irrigation
because that outflow maintains salinity control and water quality in
this very complex water system.
It is also incorrect--and, yet, we continue to hear it regularly--
that huge amounts of water in the last few years have been wasted for
environmental purposes.
The State Water Resources Control Board in California estimates that,
in 2014, only 4 percent of all runoff in the bay-delta watershed flowed
into the San Francisco Bay solely for environmental protection, again,
because there are other values, other benefits, to this outflow that
sustains water quality and other values in the system.
In 2015, the State estimates that it was only 2 percent of the runoff
in the watershed that made it through the system for environmental
purposes only. It is important that we bear those facts in mind.
The SPEAKER pro tempore. The gentleman from California has 45 seconds
remaining.
Mr. HUFFMAN. Mr. Speaker, I yield the balance of my time to the
gentleman from California (Mr. DeSaulnier) from Contra Costa County.
Mr. DeSAULNIER. I thank my colleague. I will try to be brief.
Mr. Speaker, this debate reminds me of the old expression by Mark
Twain that, in California, whiskey is for drinking and water is for
fighting.
So for those of you who are listening, as somebody who has
represented the delta in local and State government and now at the
Federal level for 25 years, I think we are doing well in California.
In a recent op-ed by Charles Fishman, who is an expert on water
resources of the United States, the title of it is ``How California is
Winning the Drought.''
He writes in this article that it has been the driest 4-year period
in California history and the hottest, too. Yet, by almost every
measure, except perception, California is doing fine--not just fine--
California is doing fabulously. It has grown 27 percent more than the
rest of the country, and the agricultural industry has also grown.
He goes on to write that more than half of the fruits and vegetables
that are grown in the United States come from California farms and that
last year, 2014, in the third growing season of the drought, both farm
employment and farm revenue increased slightly.
I ask my colleagues to oppose the bill because it jeopardizes not
just the delta, but California's economy.
Mr. HUFFMAN. I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time.
Perfect policy is rare or even impossible. Good policy requires hard
work, sound science, good data and data analytics, common sense, and a
little bit of give-and-take. Mr. Speaker, this is good policy, fair
policy. Most importantly, it will provide for a better way of life for
Americans.
I urge support for S. 2012, as amended.
Mr. Speaker, I yield back the balance of my time.
[[Page H3207]]
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today to
express my concerns with the Energy Policy Modernization Act of 2016.
This bill passed the Senate with overwhelming bipartisan support;
however this bill contains unnecessarily controversial language which
will jeopardize its passage here in the House. Many of the bills
included in today's House amendment have passed largely along party
lines and have received veto threats from the White House.
For example, the House Amendment contains The Western Water and
American Food Security Act, a bill which aims to address California's
record drought. As we all know, California has been in a severe drought
which has devastated its water supply. Although this bill includes
language to address California's current water crisis, I do not believe
that it takes into account the concerns of all major stakeholders. Yes,
we need to increase storage sites, reexamine infrastructure to move
water to the south, and take immediate steps to provide water to the
farmers who put food on our tables. We also cannot afford to ignore the
environment as our kids and their kids will have to live in it.
I believe we must put everything on the table. All community
stakeholders should be involved as we address California's short-term
and long-term water future--and this must be done immediately. Last
week during National Infrastructure Week, I spoke about the importance
of investing in California's water infrastructure. We should utilize
our resources to capture, reuse, and recycle our precious water for
future generations.
The House amendment also contains harmful language from the National
Strategic and Critical Minerals Production Act of 2015. This
legislation would allow mining companies to set their own rules
regarding environmental reviews. It would also cripple the permitting
authority under the National Environmental Policy Act, or NEPA. Another
bill added into this package, the North American Energy and
Infrastructure Act, increases our reliance on fossil fuels and cripples
the Department of Energy's ability to enforce energy efficiency
standards.
Further provisions in this bill would curtail NEPA even further,
threaten wildlife protections, and ban the results of Department of
Energy-supported research from being used to create assessments. Mr.
Speaker, this legislation hurts our environment, our wildlife, our
public health, and our energy independence.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 744, the previous question is ordered on
the bill, as amended.
The question is on the third reading of the bill.
The bill was ordered to be read a third time, and was read the third
time.
Motion to Commit
Mr. PETERS. Mr. Speaker, I have a motion to commit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. PETERS. I am opposed in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to commit.
The Clerk read as follows:
Mr. Peters moves to commit the bill S. 2012, as amended, to
the Committee on Energy and Commerce, with instructions to
report the same back to the House forthwith, with the
following amendment:
Add at the end the following:
TITLE XI--CONSIDERATION OF IMPACTS
SEC. 11001. CONSIDERATION OF IMPACTS.
Because the scientific consensus is unequivocal that
climate change is real, nothing in this Act shall prevent a
Federal agency from considering potential climate impacts
during any permitting, siting, or approval process undertaken
pursuant to this Act.
Mr. PETERS (during the reading). Mr. Speaker, I ask unanimous consent
that the reading be dispensed with.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. WHITFIELD. Mr. Speaker, I reserve a point of order.
The SPEAKER pro tempore. A point of order is reserved.
Pursuant to the rule, the gentleman from California is recognized for
5 minutes in support of his motion.
Mr. PETERS. Mr. Speaker, my amendment simply expresses something
scientists know to be true and something that is recognized everywhere
in the world but in these halls of the United States Congress, that
climate change is real and influenced by human activity. We need
Congress to get on board with a response, not to stand in the way. That
is important for at least three reasons.
First, if we are to lower the rate and impact of greenhouse gas
emissions, we need Federal action.
The largest source of greenhouse gas emissions in the United States
is from burning fossil fuels, which raises atmospheric levels of
CO2.
Super pollutants like methane and HFCs are many times more potent
than CO2 and are the most significant drivers of climate
change. Greenhouse gas emissions can affect coastal regions, energy,
defense, food supplies, wildfire preparedness, and our quality of life.
That is why just last month the United States signed the historic
Paris climate agreement so as to reduce emissions by at least 26
percent by 2025. As a country that contributes 17 percent of the
world's greenhouse gas emissions, we pledge to do our part.
This follows President Obama's executive order on climate change,
which established national sustainability goals for the Federal
Government. We need Congress to support these efforts, not to get in
the way.
Second, all new national plans and projects should consider these
effects of climate change as we make decisions about what and where to
build infrastructure and to permit projects.
Extreme weather conditions are at an all-time high. One of my first
votes as a Member of Congress was to fund a response to Superstorm
Sandy with an appropriation of $60 billion off budget.
That is just going to keep happening, folks. Regions around the world
are experiencing intense droughts, longer wildfire seasons, and water
shortages and flooding, and sea levels are rising at twice the rate
they were 20 years ago, threatening to cause destructive erosion,
powerful storms, the contamination of agriculture, and lost habitat for
wildlife.
We have to make sure that Federal permitting and construction learns
the lessons from these trends and these events and that we account for
the effect of rising seas, increased winds, and drought on the
buildings and infrastructure that we approve and build.
We have to build resiliency into Federal decisionmaking, not dodge
the question. A bipartisan Bloomberg report estimated that, if we do
not address climate change, between $66 billion and $106 billion worth
of coastal property in the United States will be below sea level by
2050.
Third, we need to bring our Federal practices into line with what is
already happening outside of the United States Congress, the only
entity in the world with its collective head in the sand on the reality
of climate change.
There are 175 countries that are on board. That is how many signed
the historic Paris Agreement on the first day it was open for
signature. There are 154 companies that are on board with Paris, and
businesses across the country have committed to putting forward climate
targets by reducing carbon emissions and becoming more energy
efficient.
PepsiCo, Apple, Qualcomm, Nestle, Kellogg's, and Starbucks are among
the private businesses that have included sustainability and
alternative energy as smart business practice, and the Department of
Defense, our own military, is on board, acting now to address the
impacts of climate change.
In January, the Pentagon released a directive stating:
The Department of Defense must be able to adapt current and
future operations to address the impacts of climate change in
order to maintain an effective and efficient United States
military.
Mr. Speaker, let's take a cue from the rest of the world, the
American private sector, and the Pentagon and consider climate change
in permitting and siting.
For some of my colleagues on the other side, the politics of simple
facts may be frightening, but U.S. leadership to curb climate change is
not about politics or ideology.
It is about security, ensuring the health of our citizens and of our
families, and seizing the unprecedented economic opportunity of the
clean energy revolution. The stakes of climate change have never been
higher. The time to act is now.
I yield back the balance of my time.
Mr. WHITFIELD. Mr. Speaker, I withdraw my reservation of a point of
order.
The SPEAKER pro tempore. The reservation of a point of order is
withdrawn.
[[Page H3208]]
Mr. WHITFIELD. Mr. Speaker, I rise in opposition to the gentleman's
motion to commit.
The SPEAKER pro tempore. The gentleman from Kentucky is recognized
for 5 minutes in opposition to the motion to commit.
Mr. WHITFIELD. Mr. Speaker, the main objection here and the basis of
the motion to commit relates to climate change. Contrary to the
gentleman's statement that the House does not recognize climate change,
all of us recognize that the climate is changing.
We do, however, have some significant differences with the President
of the United States and with some other Members of the House and
Senate in that we, many people, do not believe that climate change is
the number one issue facing mankind. There are many other issues as
well.
The United States does not have to take a backseat to anyone on this
issue. The Congressional Research Service recently reported that over
18 Federal agencies are already administering climate change programs.
There are over 67 individual climate change programs in the Federal
Government. We are already spending in excess of $15 billion a year on
climate change.
One of the problems that we have is that the President has been
acting unilaterally on this issue. He went to Copenhagen and made
agreements. He went to Paris and unilaterally entered the United States
into an agreement without there being any consultation with the U.S.
Congress, without discussing it with U.S. Congress on what he was
agreeing to. He used that agreement in order to have the EPA issue its
Clean Power Plan.
In the Clean Power Plan, the EPA arbitrarily sets CO2
limits for every State in America and each State would have had to have
had its State implementation plan adopted by this September except
that, since Congress was not involved and since many people throughout
the country were vitally concerned about this unilateral action, they
took the only thing available to them, and that was to file a lawsuit
to stop it.
What happened? It went all the way to the United States Supreme
Court.
I might add that the Supreme Court issued an injunction to prohibit
the implementation of the President's clean energy plan until there
could be further discussion about it.
I might also say that Congress had many hearings on the clean energy
plan. That was our only involvement. We certainly were not a part of
the plan. It was interesting that a professor from Harvard University
who is generally considered pretty liberal and who taught the President
constitutional law came to Congress and testified that the President's
clean energy plan, to use not the President's words, but the
professor's words, ``was like tearing up the Constitution and throwing
it away.''
We agree that climate change is an issue. We simply disagree with
this President's unilateral action in trying to decide the way it is
addressed.
We are amending the Senate bill because we want to use some
commonsense approaches so that we can continue to bring down
CO2 emissions. We can also allow our economy to expand, to
create jobs, and we don't have to take a backseat to any country in the
world. The U.S. is doing as much as any country in the world on climate
change.
I might also say that we expect that our carbon dioxide emissions
will remain below our 2005 levels through the year 2040. Now, if you
look at India, if you look at China, if you look at many developing
countries and even at parts of Europe, they do not meet that standard.
Let's be pragmatic. Let's use common sense. That is precisely what we
attempt to do with our amendments to S. 2012, the Energy Policy
Modernization Act of 2016.
I would respectfully request that we deny this motion to commit.
Mr. Speaker, I yield back the balance of my time.
{time} 1545
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to commit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to commit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. PETERS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
order of the House of today, further proceedings on this question will
be postponed.
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