[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2954 Referred in Senate (RFS)]
113th CONGRESS
2d Session
H. R. 2954
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2014
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To authorize Escambia County, Florida, to convey certain property that
was formerly part of Santa Rosa Island National Monument and that was
conveyed to Escambia County subject to restrictions on use and
reconveyance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Access and Lands Improvement
Act''.
TITLE I--SANTA ROSA ISLAND TITLE FAIRNESS AND LAND PRESERVATION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Santa Rosa Island Title Fairness
and Land Preservation Act''.
SEC. 102. CONVEYANCE OF PROPERTY.
(a) Conveyance Free of Restrictions.--Notwithstanding the
restrictions on conveyance of property located on Santa Rosa Island,
Florida, contained in the Act of July 30, 1946 (chapter 699; 70 Stat.
712), and the deed to the property from the United States to Escambia
County, Florida, dated January 15, 1947, Escambia County may, at its
discretion, convey or otherwise dispose of all of its right, title, and
interest (in whole or in part), in and to any portion of the property
that was conveyed to it pursuant to that Act and deed, to any person or
entity, free from any restriction on conveyance or reconveyance imposed
by the United States in that Act or deed. Any conveyance under this
subsection shall be subject to the conditions set forth in subsection
(c).
(b) Leasehold Interests.--No person or entity holding a leasehold
interest in the property as of the date of the enactment of this Act
shall be required to involuntarily accept a fee interest in lieu of
their leasehold interest in the property.
(c) Conditions.--Any conveyance under subsection (a) shall be
subject to the following conditions:
(1) Not later than two calendar years after the date of the
enactment of this Act, Escambia County shall convey to Santa
Rosa County all right, title, and interest held in and to any
portion of the property that was conveyed to Escambia County
under the Act and deed that fall in the jurisdictional
boundaries of Santa Rosa County, Florida. The conveyance by
Escambia County to Santa Rosa County shall be absolute and
shall terminate any subjugation of Santa Rosa County to
Escambia County or any regulation of Santa Rosa County by
Escambia County. Santa Rosa County shall not be required to pay
any sum for the subject property other than actual costs
associated with the conveyance.
(2) Santa Rosa County or any other person to which property
is conveyed under this title may reconvey property, or any
portion of property, conveyed to it under this section.
(3) For all properties defined under subsection (a) the
leaseholders, or owners are free to pursue incorporation,
annexation, or any other governmental status so long as all
other legal conditions required for doing so are followed.
(4) Each property defined under subsection (a) is under the
jurisdiction of the county and any other local government
entity in which the property is located.
(5) Any proceeds from the conveyance of any property
defined under subsection (a) by Escambia County or Santa Rosa
County, other than direct and incidental costs associated with
such conveyance, shall be considered windfall profits and shall
revert to the United States.
(6) Escambia County and Santa Rosa County shall in
perpetuity preserve those areas on Santa Rosa Island currently
dedicated to conservation, preservation, public, recreation,
access and public parking in accordance with resolutions
heretofore adopted by the Board of County Commissioners of each
respective county.
(d) Determination of Compliance.--Escambia County and Santa Rosa
County shall have no deadline or requirement to make any conveyance or
reconveyance of any property defined under subsection (a) other than
the conveyance required under subsection (c)(1). Each county may
establish terms for conveyance or reconveyance, subject to the
conditions set forth in this title and applicable State law.
TITLE II--ANCHORAGE LAND CONVEYANCE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Anchorage Land Conveyance Act of
2014''.
SEC. 202. DEFINITIONS.
In this title:
(1) City.--The term ``City'' means the city of Anchorage,
Alaska.
(2) Non-federal land.--The term ``non-Federal land'' means
certain parcels of land located in the City and owned by the
City, which are more particularly described as follows:
(A) Block 42, Original Townsite of Anchorage,
Anchorage Recording District, Third Judicial District,
State of Alaska, consisting of approximately 1.93
acres, commonly known as the Egan Center, Petrovich
Park, and Old City Hall.
(B) Lots 9, 10, and 11, Block 66, Original Townsite
of Anchorage, Anchorage Recording District, Third
Judicial District, State of Alaska, consisting of
approximately 0.48 acres, commonly known as the parking
lot at 7th Avenue and I Street.
(C) Lot 13, Block 15, Original Townsite of
Anchorage, Anchorage Recording District, Third Judicial
District, State of Alaska, consisting of approximately
0.24 acres, an unimproved vacant lot located at H
Street and Christensen Drive.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 203. CONVEYANCE OF REVERSIONARY INTERESTS, ANCHORAGE, ALASKA.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall convey to the City, without consideration, the
reversionary interests of the United States in and to the non-Federal
land for the purpose of unencumbering the title to the non-Federal land
to enable economic development of the non-Federal land.
(b) Legal Descriptions.--As soon as practicable after the date of
enactment of this Act, the exact legal descriptions of the non-Federal
land shall be determined in a manner satisfactory to the Secretary.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions to the conveyance under subsection
(a) as the Secretary considers appropriate to protect the interests of
the United States.
(d) Costs.--The City shall pay all costs associated with the
conveyance under subsection (a), including the costs of any surveys,
recording costs, and other reasonable costs.
TITLE III--FERNLEY ECONOMIC SELF-DETERMINATION ACT
SEC. 301. DEFINITIONS.
In this title:
(1) City.--The term ``City'' means the City of Fernley,
Nevada.
(2) Federal land.--The term ``Federal land'' means the
approximately 9,407 acres of land located in the City of
Fernley, Nevada, that is identified by the Secretary and the
City for conveyance under this title.
(3) Map.--The term ``map'' means the map entitled
``Proposed Fernley, Nevada, Land Sales'' and dated January 25,
2013.
SEC. 302. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY,
NEVADA.
(a) Conveyance Authorized.--Subject to valid existing rights and
not later than 180 days after the date on which the Secretary of the
Interior receives an offer from the City to purchase the Federal land
depicted on the map, the Secretary, acting through the Bureau of Land
Management and the Bureau of Reclamation, shall convey, notwithstanding
the land use planning requirements of sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
to the City in exchange for consideration in an amount equal to the
fair market value of the Federal land, all right, title, and interest
of the United States in and to such Federal land.
(b) Appraisal To Determine Fair Market Value.--The Secretary shall
determine the fair market value of the Federal land to be conveyed--
(1) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(2) based on an appraisal that is conducted in accordance
with nationally recognized appraisal standards, including--
(A) the Uniform Appraisal Standards for Federal
Land Acquisition; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Reservation of Easements and Rights-of-Way.--The City and the
Bureau of Reclamation may retain easements or rights-of-way on the
Federal land to be conveyed, including easements or rights-of-way the
Bureau of Reclamation determines are necessary to carry out--
(1) the operation and maintenance of the Truckee Canal; or
(2) the Newlands Project.
(e) Costs.--The City shall, at closing for the conveyance
authorized under subsection (a), pay or reimburse the Secretary, as
appropriate, for the reasonable transaction and administrative
personnel costs associated with the conveyance authorized under such
subsection, including the costs of appraisal, title searches, maps, and
boundary and cadastral surveys.
(f) Conveyance Not a Major Federal Action.--A conveyance or a
combination of conveyances made under this section shall not be
considered a major Federal action for purposes of section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
SEC. 303. RELEASE OF UNITED STATES.
Upon making the conveyance under section 302, notwithstanding any
other provision of law, the United States is released from any and all
liabilities or claims of any kind or nature arising from the presence,
release, or threat of release of any hazardous substance, pollutant,
contaminant, petroleum product (or derivative of a petroleum product of
any kind), solid waste, mine materials or mining related features
(including tailings, overburden, waste rock, mill remnants, pits, or
other hazards resulting from the presence of mining related features)
on the Federal land in existence on or before the date of the
conveyance.
SEC. 304. WITHDRAWAL.
Subject to valid existing rights, the Federal land to be conveyed
under section 302 of this title shall be withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
TITLE IV--LAND DISPOSAL TRANSPARENCY AND EFFICIENCY ACT
SEC. 401. PROHIBITION ON ACQUISITION OF LAND.
(a) Short Title.--This title may be cited as the ``Land Disposal
Transparency and Efficiency Act''.
(b) Prohibition on Acquisition of Land.--No land or interests in
land may be added by acquisition, donation, transfer of administrative
jurisdiction, or otherwise to the inventory of land and interests in
land administered by the Bureau of Land Management until a centralized
database of all lands identified as suitable for disposal by Resource
Management Plans for lands under the administrative jurisdiction of the
Bureau is easily accessible to the public on a website of the Bureau.
The database required under this subsection shall be updated and
maintained to reflect changes in the status of lands identified for
disposal under the administrative jurisdiction of the Bureau.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Interior shall provide to the
Committee on Natural Resources in the House of Representatives and the
Committee on Energy and Natural Resources in the Senate a report
detailing the status and timing for completion of the database required
by subsection (b).
TITLE V--PRESERVING ACCESS TO CAPE HATTERAS NATIONAL SEASHORE
RECREATIONAL AREA ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Preserving Access to Cape Hatteras
National Seashore Recreational Area Act''.
SEC. 502. REINSTATEMENT OF INTERIM MANAGEMENT STRATEGY.
(a) Management.--After the date of the enactment of this Act, Cape
Hatteras National Seashore Recreational Area shall be managed in
accordance with the Interim Protected Species Management Strategy/
Environmental Assessment issued by the National Park Service on June
13, 2007, for the Cape Hatteras National Seashore Recreational Area,
North Carolina, unless the Secretary of the Interior (hereafter in this
title referred to as the ``Secretary'') issues a new final rule that
meets the requirements set forth in section 503.
(b) Restrictions.--The Secretary shall not impose any additional
restrictions on pedestrian or motorized vehicular access to any portion
of Cape Hatteras National Seashore Recreational Area for species
protection beyond those in the Interim Management Strategy, other than
as specifically authorized pursuant to section 503 of this title.
SEC. 503. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE HATTERAS NATIONAL
SEASHORE RECREATIONAL AREA FOR SPECIES PROTECTION.
(a) In General.--If, based on peer-reviewed science and after
public comment, the Secretary determines that additional restrictions
on access to a portion of the Cape Hatteras National Seashore
Recreational Area are necessary to protect species listed as endangered
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
Secretary may only restrict, by limitation, closure, buffer, or
otherwise, pedestrian and motorized vehicular access for recreational
activities for the shortest possible time and on the smallest possible
portions of the Cape Hatteras National Seashore Recreational Area.
(b) Limitation on Restrictions.--Restrictions imposed under this
section for protection of species listed as endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be
greater than the restrictions in effect for that species at any other
National Seashore.
(c) Corridors Around Closures.--To the maximum extent possible, the
Secretary shall designate pedestrian and vehicular corridors of minimal
distance on the beach or interdunal area around closures implemented
under this section to allow access to areas not closed.
SEC. 504. INAPPLICABILITY OF FINAL RULE AND CONSENT DECREE.
(a) Final Rule.--The final rule titled ``Special Regulations, Areas
of the National Park System, Cape Hatteras National Seashore--Off-Road
Vehicle Management'' (77 Fed. Reg. 3123-3144) shall have no force or
effect after the date of the enactment of this Act.
(b) Consent Decree.--The April 30, 2008, consent decree filed in
the United States District Court for the Eastern District of North
Carolina regarding off-road vehicle use at Cape Hatteras National
Seashore in North Carolina shall not apply after the date of the
enactment of this Act.
TITLE VI--GREEN MOUNTAIN LOOKOUT HERITAGE PROTECTION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Green Mountain Lookout Heritage
Protection Act''.
SEC. 602. CLARIFICATION OF LEGAL AUTHORITY OF GREEN MOUNTAIN LOOKOUT.
(a) Legal Authority of Lookout.--Section 4(b) of the Washington
State Wilderness Act of 1984 (Public Law 98-339; 98 Stat. 300; 16
U.S.C. 1131 note) is amended by striking the period at the end and
inserting the following: ``, and except that with respect to the lands
described in section 3(5), the designation of such lands as a
wilderness area shall not preclude the operation and maintenance of
Green Mountain Lookout.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Washington State
Wilderness Act of 1984.
SEC. 603. PRESERVATION OF GREEN MOUNTAIN LOOKOUT LOCATION.
The Secretary of Agriculture, acting through the Chief of the
Forest Service, may not move Green Mountain Lookout from its current
location on Green Mountain in the Mount Baker-Snoqualmie National
Forest unless the Secretary determines that moving Green Mountain
Lookout is necessary to preserve the Lookout or to ensure the safety of
individuals on or around Green Mountain. If the Secretary makes such a
determination, the Secretary shall move the Green Mountain Lookout to a
location outside of the lands described in section 3(5) of the
Washington State Wilderness Act of 1984 and designated as a wilderness
area in section 4(b) of such Act.
TITLE VII--RIVER PADDLING PROTECTION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``River Paddling Protection Act''.
SEC. 702. REGULATIONS SUPERSEDED.
(a) In General.--The rivers and streams of Yellowstone National
Park and Grand Teton National Park shall be open to hand-propelled
vessels as determined by the director of the National Park Service
within 3 years of the date of enactment of this Act. Beginning on the
date that is 3 years after the date of enactment of this Act, the
following regulations shall have no the force or effect regarding
closing rivers and streams of Yellowstone National Park and Grand Teton
National Park to hand-propelled vessels:
(1) Section 7.13(d)(4)(ii) of title 36, Code of Federal
Regulations, regarding vessels on streams and rivers in
Yellowstone National Park.
(2) Section 7.22(e)(3) of title 36, Code of Federal
Regulations, regarding vessels on lakes and rivers in Grand
Teton National Park.
(b) Coordination of Recreational Use.--The Fish and Wildlife
Service shall coordinate any recreational use of hand-propelled vessels
on the Gros Ventre River within the National Elk Refuge with Grand
Teton National Park to ensure such use is consistent with the
requirements of the National Wildlife Refuge Administration Act.
TITLE VIII--GRAZING IMPROVEMENT ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Grazing Improvement Act''.
SEC. 802. TERMS OF GRAZING PERMITS AND LEASES.
Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended--
(1) by striking ``ten years'' each place it appears and
inserting ``20 years''; and
(2) after subsection (h), insert the following new
subsections:
``(i) Only applicants, permittees and lessees whose interest in
grazing livestock is directly affected by a final grazing decision
concerning renewal, transfer or reissuance of a grazing permit or lease
may appeal the decision to an administrative law judge or appeal
officer as applicable.
``(j) Legal Fees.--
``(1) Any person, other than a directly affected party,
challenging an action of the Secretary concerned regarding a
final grazing decision in Federal court who is not a prevailing
party shall pay to the prevailing parties (including a directly
affected party who intervenes in such suit) fees and other
expenses incurred by that party in connection with the
challenge unless the Court finds that the position of the
person was substantially justified.
``(2) For purposes of this subsection, the term ``directly
affected party'' means any applicant, permittee, or lessee (or
any organization representing applicants, permittees or
lessees) whose interest in grazing livestock is directly
affected by the final grazing decision.''.
SEC. 803. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.
(a) Amendment.--Title IV of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end
the following:
``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.
``(a) Definitions.--In this section:
``(1) Current grazing management.--The term `current
grazing management' means grazing in accordance with the terms
and conditions of an existing permit or lease.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect
to land under the jurisdiction of the Department of the
Interior.
``(b) Renewal, Transfer, Reissuance, and Pending Processing.--A
grazing permit or lease issued by the Secretary of the Interior, or a
grazing permit issued by the Secretary of Agriculture regarding
National Forest System land, that expires, is transferred, or is waived
shall be renewed or reissued under, as appropriate--
``(1) section 402;
``(2) section 19 of the Act of April 24, 1950 (commonly
known as the `Granger-Thye Act'; 16 U.S.C. 580l);
``(3) title III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.); or
``(4) section 510 the California Desert Protection Act of
1994 (16 U.S.C. 410aaa-50).
``(c) Terms; Conditions.--The terms and conditions (except the
termination date) contained in an expired, transferred, or waived
permit or lease described in subsection (b) shall continue in effect
under a renewed or reissued permit or lease until the date on which the
Secretary concerned completes the processing of the renewed or reissued
permit or lease that is the subject of the expired, transferred, or
waived permit or lease, in compliance with each applicable law.
``(d) Cancellation; Suspension; Modification.--Notwithstanding
subsection (c), a permit or lease described in subsection (b) may be
cancelled, suspended, or modified in accordance with applicable law.
``(e) Renewal Transfer Reissuance After Processing.--When the
Secretary concerned has completed the processing of the renewed or
reissued permit or lease that is the subject of the expired,
transferred, or waived permit or lease, the Secretary concerned shall
renew or reissue the permit or lease for a term of 20 years after
completion of processing.
``(f) Compliance With National Environmental Policy Act of 1969.--
The renewal, reissuance, or transfer of a grazing permit or lease by
the Secretary concerned shall be categorically excluded from the
requirement to prepare an environmental assessment or an environmental
impact statement if--
``(1) the decision continues to renew, reissue, or transfer
the current grazing management of the allotment;
``(2) monitoring of the allotment has indicated that the
current grazing management has met, or has satisfactorily
progressed towards meeting, objectives contained in the
applicable land use or resource management plan of the
allotment, as determined by the Secretary concerned; or
``(3) the decision is consistent with the policy of the
Department of the Interior or the Department of Agriculture, as
appropriate, regarding extraordinary circumstances.
``(g) Environmental Reviews.--
``(1) The Secretary concerned, in the sole discretion of
the Secretary concerned, shall determine the priority and
timing for completing required environmental reviews regarding
any grazing allotment, permit, or lease based on the
environmental significance of the allotment, permit, or lease
and available funding for that purpose.
``(2) The Secretary concerned shall seek to conduct
environmental reviews on an allotment or multiple allotment
basis, to the extent practicable, for purposes of compliance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other applicable laws.
``(h) NEPA Exemptions.--The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:
``(1) Crossing and trailing authorizations of domestic
livestock.
``(2) Transfer of grazing preference.
``(3) Range improvements as defined under 43 U.S.C. 315c
and 16 U.S.C. 580h.
``(i) Temporary Trailing and Crossing.--
``(1) Any application for temporary trailing or crossing
that has been submitted in a timely manner or not less than 30
days prior to the anticipated trailing or crossing shall be
granted, modified or denied not less than fifteen days prior to
the date of requested crossing or trailing. The minimum times
specified in this subsection shall not preclude the approval of
an application in a shorter time where an immediate need
exists.
``(2) Temporary trailing or crossing authorizations across
lands administered by the Bureau of Land Management or the
Forest Service system of lands shall not be subject to protest
or appeal except by the applicant or an affected permittee or
lessee.''.
(b) Table of Contents.--The table of contents for the Federal Land
Policy and Management Act of 1976 is amended by adding after the item
for section 404, the following:
``Sec. 405. Renewal, transfer, and reissuance of grazing permits and
leases.''.
TITLE IX--RIM FIRE EMERGENCY SALVAGE ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Rim Fire Emergency Salvage Act''.
SEC. 902. EXPEDITED FOREST SERVICE TIMBER SALVAGE AND RESTORATION PILOT
PROJECTS IN RESPONSE TO THE CALIFORNIA RIM FIRE.
(a) Pilot Projects Required.--As part of the restoration and
rehabilitation activities undertaken on the lands within the Stanislaus
National Forest adversely impacted by the 2013 Rim Fire in California,
the Secretary of Agriculture shall conduct a timber salvage and
restoration pilot project on burned National Forest System land within
the Rim Fire perimeter.
(b) Management Plan.--
(1) Use of eis proposed alternative.--The Secretary of
Agriculture shall conduct the pilot project required by
subsection (a) in the manner provided in the proposed
alternative contained in the draft environmental impact
statement noticed in the Federal Register on December 6, 2013,
for Rim Fire recovery.
(2) Modification.--During the course of the pilot project,
the Secretary may adopt such modifications to the management
plan as the Secretary considers appropriate in response to
public comment and consultation with interested Federal, State,
and tribal agencies.
(c) Legal Sufficiency.--The pilot project required by subsection
(a), and activities conducted under the pilot project, are deemed to be
in compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a), the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.), the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(d) Administrative and Judicial Review and Action.--The pilot
project required by subsection (a), and activities conducted under the
pilot project, are not subject to--
(1) administrative review;
(2) judicial review by any court of the United States; or
(3) a temporary restraining order or preliminary injunction
based on environmental impacts in a case for which a final
decision has not been issued.
SEC. 903. SENSE OF CONGRESS REGARDING USE OF FUNDS GENERATED FROM
SALVAGE SALES CONDUCTED AFTER CATASTROPHIC WILD FIRES ON
NATIONAL FOREST SYSTEM LAND OR BUREAU OF LAND MANAGEMENT
LANDS.
It is the sense of Congress that the Secretary of Agriculture, with
respect to National Forest System lands, and the Secretary of the
Interior, with respect to Bureau of Land Management land, should use
existing authorities available to the Secretary to retain revenues
(other than revenues required to be deposited in the general fund of
the Treasury) generated by salvage sales conducted in response to
catastrophic wild fires on such land to cover the cost of restoration
projects on such land.
TITLE X--CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Chesapeake Bay Accountability and
Recovery Act of 2014''.
SEC. 1002. CHESAPEAKE BAY CROSSCUT BUDGET.
(a) Crosscut Budget.--The Director, in consultation with the
Chesapeake Executive Council, the chief executive of each Chesapeake
Bay State, and the Chesapeake Bay Commission, shall submit to Congress
a financial report containing--
(1) an interagency crosscut budget that displays--
(A) the proposed funding for any Federal
restoration activity to be carried out in the
succeeding fiscal year, including any planned
interagency or intra-agency transfer, for each of the
Federal agencies that carry out restoration activities;
(B) to the extent that information is available,
the estimated funding for any State restoration
activity to be carried out in the succeeding fiscal
year;
(C) all expenditures for Federal restoration
activities from the preceding 2 fiscal years, the
current fiscal year, and the succeeding fiscal year;
and
(D) all expenditures, to the extent that
information is available, for State restoration
activities during the equivalent time period described
in subparagraph (C);
(2) a detailed accounting of all funds received and
obligated by all Federal agencies for restoration activities
during the current and preceding fiscal years, including the
identification of funds which were transferred to a Chesapeake
Bay State for restoration activities;
(3) to the extent that information is available, a detailed
accounting from each State of all funds received and obligated
from a Federal agency for restoration activities during the
current and preceding fiscal years; and
(4) a description of each of the proposed Federal and State
restoration activities to be carried out in the succeeding
fiscal year (corresponding to those activities listed in
subparagraphs (A) and (B) of paragraph (1)), including the--
(A) project description;
(B) current status of the project;
(C) Federal or State statutory or regulatory
authority, programs, or responsible agencies;
(D) authorization level for appropriations;
(E) project timeline, including benchmarks;
(F) references to project documents;
(G) descriptions of risks and uncertainties of
project implementation;
(H) adaptive management actions or framework;
(I) coordinating entities;
(J) funding history;
(K) cost sharing; and
(L) alignment with existing Chesapeake Bay
Agreement and Chesapeake Executive Council goals and
priorities.
(b) Minimum Funding Levels.--The Director shall only describe
restoration activities in the report required under subsection (a)
that--
(1) for Federal restoration activities, have funding
amounts greater than or equal to $100,000; and
(2) for State restoration activities, have funding amounts
greater than or equal to $50,000.
(c) Deadline.--The Director shall submit to Congress the report
required by subsection (a) not later than 30 days after the submission
by the President of the President's annual budget to Congress.
(d) Report.--Copies of the financial report required by subsection
(a) shall be submitted to the Committees on Appropriations, Natural
Resources, Energy and Commerce, and Transportation and Infrastructure
of the House of Representatives and the Committees on Appropriations,
Environment and Public Works, and Commerce, Science, and Transportation
of the Senate.
(e) Effective Date.--This section shall apply beginning with the
first fiscal year after the date of enactment of this Act for which the
President submits a budget to Congress.
SEC. 1003. RESTORATION THROUGH ADAPTIVE MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with other Federal and
State agencies, and with the participation of stakeholders, shall
develop a plan to provide technical and financial assistance to
Chesapeake Bay States to employ adaptive management in carrying out
restoration activities in the Chesapeake Bay watershed.
(b) Plan Development.--The plan referred to in subsection (a) shall
include--
(1) specific and measurable objectives to improve water
quality, habitat, and fisheries identified by Chesapeake Bay
States;
(2) a process for stakeholder participation;
(3) monitoring, modeling, experimentation, and other
research and evaluation technical assistance requested by
Chesapeake Bay States;
(4) identification of State restoration activities planned
by Chesapeake Bay States to attain the State's objectives under
paragraph (1);
(5) identification of Federal restoration activities that
could help a Chesapeake Bay State to attain the State's
objectives under paragraph (1);
(6) recommendations for a process for modification of State
and Federal restoration activities that have not attained or
will not attain the specific and measurable objectives set
forth under paragraph (1); and
(7) recommendations for a process for integrating and
prioritizing State and Federal restoration activities and
programs to which adaptive management can be applied.
(c) Implementation.--In addition to carrying out Federal
restoration activities under existing authorities and funding, the
Administrator shall implement the plan developed under subsection (a)
by providing technical and financial assistance to Chesapeake Bay
States using resources available for such purposes that are identified
by the Director under section 1002.
(d) Updates.--The Administrator shall update the plan developed
under subsection (a) every 2 years.
(e) Report to Congress.--
(1) In general.--Not later than 60 days after the end of a
fiscal year, the Administrator shall transmit to Congress an
annual report on the implementation of the plan required under
this section for such fiscal year.
(2) Contents.--The report required under paragraph (1)
shall contain information about the application of adaptive
management to restoration activities and programs, including
level changes implemented through the process of adaptive
management.
(3) Effective date.--Paragraph (1) shall apply to the first
fiscal year that begins after the date of enactment of this
Act.
(f) Inclusion of Plan in Annual Action Plan and Annual Progress
Report.--The Administrator shall ensure that the Annual Action Plan and
Annual Progress Report required by section 205 of Executive Order No.
13508 includes the adaptive management plan outlined in subsection (a).
SEC. 1004. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.
(a) In General.--There shall be an Independent Evaluator for
restoration activities in the Chesapeake Bay watershed, who shall
review and report on restoration activities and the use of adaptive
management in restoration activities, including on such related topics
as are suggested by the Chesapeake Executive Council.
(b) Appointment.--
(1) In general.--The Independent Evaluator shall be
appointed by the Administrator from among nominees submitted by
the Chesapeake Executive Council.
(2) Nominations.--The Chesapeake Executive Council may
submit to the Administrator 4 nominees for appointment to any
vacancy in the office of the Independent Evaluator.
(c) Reports.--The Independent Evaluator shall submit a report to
the Congress every 2 years in the findings and recommendations of
reviews under this section.
(d) Chesapeake Executive Council.--In this section, the term
``Chesapeake Executive Council'' has the meaning given that term by
section 307 of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (Public Law 102-567; 15 U.S.C. 1511d).
SEC. 1005. DEFINITIONS.
In this title, the following definitions apply:
(1) Adaptive management.--The term ``adaptive management''
means a type of natural resource management in which project
and program decisions are made as part of an ongoing science-
based process. Adaptive management involves testing,
monitoring, and evaluating applied strategies and incorporating
new knowledge into programs and restoration activities that are
based on scientific findings and the needs of society. Results
are used to modify management policy, strategies, practices,
programs, and restoration activities.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Chesapeake bay state.--The term ``Chesapeake Bay
State'' or ``State'' means the States of Maryland, West
Virginia, Delaware, and New York, the Commonwealths of Virginia
and Pennsylvania, and the District of Columbia.
(4) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means the Chesapeake Bay and the geographic area,
as determined by the Secretary of the Interior, consisting of
36 tributary basins, within the Chesapeake Bay States, through
which precipitation drains into the Chesapeake Bay.
(5) Chief executive.--The term ``chief executive'' means,
in the case of a State or Commonwealth, the Governor of each
such State or Commonwealth and, in the case of the District of
Columbia, the Mayor of the District of Columbia.
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(7) State restoration activities.--The term ``State
restoration activities'' means any State programs or projects
carried out under State authority that directly or indirectly
protect, conserve, or restore living resources, habitat, water
resources, or water quality in the Chesapeake Bay watershed,
including programs or projects that promote responsible land
use, stewardship, and community engagement in the Chesapeake
Bay watershed. Restoration activities may be categorized as
follows:
(A) Physical restoration.
(B) Planning.
(C) Feasibility studies.
(D) Scientific research.
(E) Monitoring.
(F) Education.
(G) Infrastructure development.
(8) Federal restoration activities.--The term ``Federal
restoration activities'' means any Federal programs or projects
carried out under existing Federal authority that directly or
indirectly protect, conserve, or restore living resources,
habitat, water resources, or water quality in the Chesapeake
Bay watershed, including programs or projects that provide
financial and technical assistance to promote responsible land
use, stewardship, and community engagement in the Chesapeake
Bay watershed. Restoration activities may be categorized as
follows:
(A) Physical restoration.
(B) Planning.
(C) Feasibility studies.
(D) Scientific research.
(E) Monitoring.
(F) Education.
(G) Infrastructure development.
TITLE XI--ALASKA NATIVE VETERAN ALLOTMENT
SEC. 1101. ALASKA NATIVE VETERAN ALLOTMENT.
(a) Definitions.--In this section:
(1) Application.--The term ``application'' means the Alaska
Native Veteran Allotment application numbered AA-084021-B.
(2) Federal land.--The term ``Federal land'' means the 80
acres of Federal land that is--
(A) described in the application; and
(B) depicted as Lot 2 in U.S. Survey No. 13957,
Alaska, that was officially filed on October 9, 2009.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Issuance of Patent.--Notwithstanding section 41 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1629g) and subject to
subsection (c), the Secretary shall--
(1) approve the application; and
(2) issue a patent for the Federal land to the person that
submitted the application.
(c) Terms and Conditions.--
(1) In general.--The patent issued under subsection (b)
shall--
(A) only be for the surface rights to the Federal
land; and
(B) be subject to the terms and conditions of any
certificate issued under section 41 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1629g),
including terms and conditions providing that--
(i) the patent is subject to valid existing
rights, including any right of the United
States to income derived, directly or
indirectly, from a lease, license, permit,
right-of-way, or easement on the Federal land;
and
(ii) the United States shall reserve an
interest in deposits of oil, gas, and coal on
the Federal land, including the right to
explore, mine, and remove the minerals on
portions of the Federal land that the Secretary
determines to be prospectively valuable for
development.
(2) Additional terms and conditions.--The Secretary may
require any additional terms and conditions for the issuance of
the patent under subsection (a) that the Secretary determines
to be
appropriate to protect the interests of the United States.
Passed the House of Representatives February 6, 2014.
Attest:
KAREN L. HAAS,
Clerk.