[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2012 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
May 25, 2016.
Resolved, That the bill from the Senate (S. 2012) entitled ``An Act
to provide for the modernization of the energy policy of the United
States, and for other purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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.
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.
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.
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.
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 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, 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 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;
(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--
``(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.
(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;
(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--
``(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
``(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 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.''.
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
(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 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
(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.''.
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).''.
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, 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
``(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--
``(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--
``(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
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;
``(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.
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.
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 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 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 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 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 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 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
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 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 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 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 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) 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 (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;
(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 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.
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 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 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.
(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 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, 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--
(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 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 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).
(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
(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 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 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:
(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
(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.
``(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''.
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 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--
``(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.
(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.
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 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 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 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.
(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 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.--
(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, 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.
(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 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 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;
``(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.
``(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
(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 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.
``(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, 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:
``(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.''.
Attest:
Clerk.
114th CONGRESS
2d Session
S. 2012
_______________________________________________________________________
AMENDMENT