[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5118 Received in Senate (RDS)]
<DOC>
117th CONGRESS
2d Session
H. R. 5118
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 2, 2022
Received
_______________________________________________________________________
AN ACT
To direct the Secretary of Agriculture and the Secretary of the
Interior to prioritize the completion of the Continental Divide
National Scenic Trail, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Response and Drought
Resiliency Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Determination of budgetary effects.
DIVISION A--WILDFIRE
TITLE I--FEDERAL LANDS WORKFORCE
Subtitle A--Federal Wildland Firefighters
Sec. 101. Tim Hart Wildland Firefighter Pay Parity.
Sec. 102. Waiver of premium pay limitations for certain employees
engaged in emergency wildland fire
suppression activities.
Sec. 103. Direct hire authority.
Subtitle B--Authorization of Appropriations for Forest Service Fire and
Non-Fire Salaries and Expenses
Sec. 111. In general.
Subtitle C--Other Personnel
Sec. 121. National Environmental Policy Act strike teams.
Sec. 122. Community mitigation assistance teams.
Sec. 123. Filling Forest Service recreation management staff vacancies.
Sec. 124. Filling vacancies and increasing number of positions
available in the Forest Service to address
public safety and protection concerns.
TITLE II--WILDFIRE, ECOSYSTEM PROTECTION, COMMUNITY PREPAREDNESS, AND
RECOVERY
Subtitle A--10-Year National Wildfire Plan
Sec. 201. Definitions.
Sec. 202. Implementation of 10-year National Wildfire Plan.
Sec. 203. Selection and implementation of landscape-scale forest
restoration projects.
Sec. 204. Youth and conservation corps assistance with projects under
the Plan.
Sec. 205. Prescribed fire training exchanges.
Sec. 206. Ecosystem restoration grant fund through National Fish and
Wildlife Foundation.
Sec. 207. National community capacity and land stewardship grant
program.
Sec. 208. Protection of inventoried roadless areas.
Sec. 209. Strategic wildland fire management planning for prescribed
fire.
Sec. 210. Long-Term Burned Area Recovery account.
Sec. 211. Report on 10-year National Wildfire Plan implementation.
Sec. 212. Performance metrics tracking.
Subtitle B--Tribal Biochar Promotion
Sec. 221. Tribal and Alaska Native Biochar demonstration project.
TITLE III--OTHER MATTERS
Sec. 301. Requirements relating to certain fire suppression cost share
agreements.
Sec. 302. Investment of certain funds into interest bearing
obligations.
Sec. 303. Study on crop losses.
Sec. 304. Study on use of CH-47 Chinooks to respond to wildfires.
DIVISION B--DROUGHT
TITLE I--DROUGHT RESPONSE AND CLIMATE RESILIENCE
Sec. 101. Advancing large-scale water recycling and reuse projects.
Sec. 102. Salton Sea projects improvements.
Sec. 103. Near-term actions to preserve Colorado River system.
Sec. 104. WaterSMART access for Tribes.
Sec. 105. Reclamation water settlements fund.
Sec. 106. Bureau of Reclamation Tribal clean water assistance.
Sec. 107. White Mountain Apache Tribe Rural Water System.
Sec. 108. Desalination research authorization.
Sec. 109. Water Resources Research Act amendments.
Sec. 110. Saline Lake ecosystems in the Great Basin States Assessment
and Monitoring Program.
Sec. 111. Extension of authorizations related to fish recovery
programs.
Sec. 112. Reclamation climate change and water program.
Sec. 113. Authorization of appropriations for the Las Vegas Wash
program.
Sec. 114. Terminal lakes assistance.
Sec. 115. Expedited measures for drought response.
Sec. 116. Water efficiency, conservation, and sustainability.
Sec. 117. Shoring up electricity generation and reducing evaporation at
Bureau of Reclamation facilities.
TITLE II--FUTURE WESTERN WATER AND DROUGHT RESILIENCY
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Assistance for Projects With Fastest Construction Timelines
Sec. 211. Water recycling and reuse projects.
Sec. 212. Desalination project development.
Sec. 213. Assistance for disadvantaged communities without adequate
drinking water.
Subtitle B--Improved Water Technology and Data
Sec. 221. X-prize for water technology breakthroughs.
Sec. 222. Water technology investment program established.
Sec. 223. Federal priority streamgages.
Subtitle C--Drought Response and Preparedness for Ecosystems
Sec. 231. Aquatic ecosystem restoration program.
Sec. 232. Watershed health program.
Sec. 233. Waterbird habitat creation program.
Sec. 234. Support for refuge water deliveries.
Sec. 235. Drought planning and preparedness for critically important
fisheries.
Sec. 236. Reauthorization of the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Sec. 237. Sustaining biodiversity during droughts.
Sec. 238. Water resource education.
TITLE III--OPEN ACCESS EVAPOTRANSPIRATION DATA
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Findings.
Sec. 304. Open Access Evapotranspiration (OpenET) Data Program.
Sec. 305. Report.
Sec. 306. Authorization of appropriations.
TITLE IV--COLORADO RIVER INDIAN TRIBES WATER RESILIENCY
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Lease or exchange agreements.
Sec. 405. Storage agreements.
Sec. 406. Agreements for creation of water for the Colorado River
System or for Storing Water in Lake Mead.
Sec. 407. Secretarial approval; disapproval; agreements.
Sec. 408. Responsibilities of the Secretary.
Sec. 409. Agreement between the CRIT and the State.
Sec. 410. Agreement between the CRIT, the State, and the Secretary.
Sec. 411. No effect on the CRIT decreed allocation.
Sec. 412. Allottee use of water.
Sec. 413. Consideration paid to the CRIT.
Sec. 414. Liability of the United States.
Sec. 415. Application.
Sec. 416. Rule of construction.
TITLE V-- HUALAPAI TRIBE WATER RIGHTS SETTLEMENT
Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. Ratification and execution of Hualapai Tribe water rights
settlement agreement.
Sec. 505. Water rights.
Sec. 506. Hualapai Water Trust Fund Account; construction of Hualapai
water project; funding.
Sec. 507. Authorizations of appropriations.
Sec. 508. Environmental compliance.
Sec. 509. Waivers, releases, and retentions of claims.
Sec. 510. Satisfaction of water rights and other benefits.
Sec. 511. Land added to Hualapai Reservation.
Sec. 512. Trust land.
Sec. 513. Reallocation of CAP NIA Priority Water; Firming; Water
Delivery Contract; Colorado River
Accounting.
Sec. 514. Enforceability date.
Sec. 515. Administration.
TITLE VI--WATER DATA
Sec. 601. Definitions.
Sec. 602. National water data framework.
Sec. 603. Water Data Council.
Sec. 604. Advisory Committee on Water Information.
Sec. 605. Water data grant program.
Sec. 606. Authorization of appropriations.
TITLE VII--NOGALES WASTEWATER IMPROVEMENT
Sec. 701. Short title.
Sec. 702. Amendments to the Act of July 27, 1953.
Sec. 703. Nogales sanitation project.
TITLE VIII--RIO GRANDE WATER SECURITY
Sec. 801. Short title.
Subtitle A--Rio Grande Water Security
Sec. 811. Definitions.
Sec. 812. Integrated water resources management plan for the Rio Grande
Basin.
Sec. 813. Rio Grande Basin Working Group.
Sec. 814. Effect of subtitle.
Subtitle B--Pueblo Irrigation
Sec. 821. Reauthorization of Pueblo irrigation infrastructure grants.
DIVISION C--OTHER FIRE, DROUGHT, AND EXTREME WEATHER PROGRAMS
TITLE I--INFRASTRUCTURE, ENERGY, AND ASSISTANCE
Sec. 101. Natural Disaster Grid Mitigation Map.
Sec. 102. Interregional minimum transfer capability requirements.
Sec. 103. Critical document fee waiver.
Sec. 104. Hermit's Peak/Calf Canyon Fire Assistance.
Sec. 105. Fire management assistance cost share.
Sec. 106. Transitional sheltering assistance.
Sec. 107. Grid resilience study.
Sec. 108. Nonnative plant species removal grant program.
Sec. 109. Centers of excellence for research on wildfire smoke.
Sec. 110. Community smoke planning.
Sec. 111. Disaster equity and fairness.
Sec. 112. FEMA improvement, reform, and efficiency.
Sec. 113. Fire investigations.
Sec. 114. Critical infrastructure and microgrid program.
Sec. 115. Advanced transmission technology study.
Sec. 116. Rural Communities Drinking Water Resiliency.
TITLE II--NATIONAL DISASTER SAFETY BOARD ACT
Sec. 201. Establishment and purpose.
Sec. 202. General authority.
Sec. 203. Recommendations and responses.
Sec. 204. Reports and studies.
Sec. 205. Appointment and organization.
Sec. 206. Methodology.
Sec. 207. Administrative.
Sec. 208. Disclosure, availability, and use of information.
Sec. 209. Training.
Sec. 210. Funding.
Sec. 211. Authority of the Inspector General.
Sec. 212. Evaluation and audit of National Disaster Safety Board.
Sec. 213. Definitions.
TITLE III--NATIONAL WILDLAND FIRE RISK REDUCTION PROGRAM
Sec. 301. Establishment of National Wildland Fire Risk Reduction
Program.
Sec. 302. Program activities.
Sec. 303. Interagency Coordinating Committee on Wildland Fire Risk
Reduction.
Sec. 304. National Advisory Committee on Wildland Fire Risk Reduction.
Sec. 305. Government Accountability Office review.
Sec. 306. Responsibilities of Program agencies.
Sec. 307. Budget activities.
Sec. 308. Definitions.
Sec. 309. Authorization of appropriations.
Sec. 310. Increase in allowable amount of physical disaster loan for
mitigation.
Sec. 311. Study on disaster spending; State disaster plan updates.
TITLE IV--WILDFIRE GRID RESILIENCE ACT
Sec. 401. Short title.
Sec. 402. Resilience accelerator demonstration program.
TITLE V--WILDFIRE INSURANCE COVERAGE STUDY
Sec. 501. Short title.
Sec. 502. National wildfire risk assessment.
Sec. 503. GAO study regarding insurance for wildfire damage.
TITLE VI--OTHER MATTERS
Sec. 601. Extreme weather events.
Sec. 602. Fire management assistance program policy.
Sec. 603. Changes to public assistance policy guide.
Sec. 604. Mitigation benefit-cost analysis.
TITLE VII--COLLATERAL REQUIREMENTS FOR DISASTER LOANS UNDER THE SMALL
BUSINESS ACT
Sec. 701. Collateral requirements for disaster loans under the Small
Business Act.
DIVISION D--ENVIRONMENTAL JUSTICE
Sec. 101. Definitions.
Sec. 102. Environmental justice community technical assistance grants.
Sec. 103. White House Environmental Justice Interagency Council.
Sec. 104. Federal agency actions to address environmental justice.
Sec. 105. Training of employees of Federal agencies.
Sec. 106. Environmental justice basic training program.
Sec. 107. Environmental justice clearinghouse.
Sec. 108. Public meetings.
Sec. 109. National Environmental Justice Advisory Council.
Sec. 110. Environmental justice grant programs.
Sec. 111. Environmental justice community solid waste disposal
technical assistance grants.
Sec. 112. Environmental justice community, State, and Tribal grant
programs.
Sec. 113. Protections for environmental justice communities against
harmful Federal actions.
Sec. 114. Prohibited discrimination.
Sec. 115. Right of action.
Sec. 116. Rights of recovery.
Sec. 117. Public health risks associated with cumulative environmental
stressors.
Sec. 118. Climate justice grant program.
Sec. 119. Environmental justice for communities overburdened by
environmental violations.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
DIVISION A--WILDFIRE
TITLE I--FEDERAL LANDS WORKFORCE
Subtitle A--Federal Wildland Firefighters
SEC. 101. TIM HART WILDLAND FIREFIGHTER PAY PARITY.
(a) Federal Wildland Firefighter Pay.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act--
(A) the minimum rate of basic pay for any Federal
wildland firefighter position shall be not less than
the rate of pay for step 3 of GS-6 of the General
Schedule; and
(B) any such position shall receive locality pay
under section 5304 of title 5, United States Code, at
the rate of ``Rest of U.S.''.
(2) Annual adjustments.--Notwithstanding any other
provision of law, beginning in the first pay period beginning
on or after the date that the minimum rates of pay under
paragraph (1) begin to apply, and annually thereafter, the
basic rate of pay for each Federal wildland firefighter shall
be increased by not less than the percentage equal to the
percent change in the Consumer Price Index (all items--United
States city average), published monthly by the Bureau of Labor
Statistics, for December of the preceding year over such
Consumer Price Index for the December of the year prior to the
preceding year, adjusted to the nearest one-tenth of 1 percent.
(3) Compensation comparable to non-federal firefighters.--
Not later than 1 year after the date the minimum rates of pay
under paragraph (1) begin to apply, the Secretary of
Agriculture and the Secretary of the Interior shall submit a
report to Congress on whether pay, benefits, and bonuses
provided to Federal wildland firefighters are comparable to the
pay, benefits, and bonuses provided for non-Federal
firefighters in the State or locality where Federal wildland
firefighters are based.
(4) Hazardous duty pay.--Each Federal wildland firefighter
who is carrying out work completed during prescribed fire,
parachuting, tree climbing over 20 feet, hazard tree removal,
and other hazardous work as identified by the Secretary of
Interior and the Secretary of Agriculture, shall be considered
an employee in an occupational series covering positions for
which the primary duties involve the prevention, control,
suppression, or management of wildland fires under section
5545(d) of title 5, United States Code. The Director of the
Office of Personnel Management may prescribe regulations to
carry out this paragraph.
(5) Mental health leave.--Each Federal wildland firefighter
shall be entitled to 7 consecutive days of leave, without loss
or reduction in pay, during any calendar year. Leave provided
under this paragraph shall not--
(A) accumulate for use in succeeding years; and
(B) be considered to be annual or vacation leave
for purposes of section 5551 or 5552 of title 5, United
States Code, or for any other purpose.
(b) Pay Parity for Federal Structural Firefighters.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, any pay, benefits, and bonuses provided
to any Federal structural firefighter shall be comparable with
the pay, benefits, and bonuses provided for Federal wildland
firefighters.
(2) Report.--Not later than 1 year after the date the
minimum rates of pay under subsection (a)(1) begin to apply,
the Director of the Office of Personnel Management shall submit
a report to Congress on whether pay for such Federal structural
firefighters is competitive with Federal wildland firefighters
(c) Definitions.--In this section--
(1) the term ``Federal structural firefighter''--
(A) has the meaning given the term ``firefighter''
in section 8401 of chapter 84 of title 5, United States
Code; and
(B) does not include any Federal wildland
firefighter; and
(2) the term ``Federal wildland firefighter'' means any
individual occupying a position within the Wildland Fire
Management Series, 0456 established by the Office of Personnel
Management pursuant to section 40803(d) of the Infrastructure
Investment and Jobs Act (Public Law 117-58), or any subsequent
series.
SEC. 102. WAIVER OF PREMIUM PAY LIMITATIONS FOR CERTAIN EMPLOYEES
ENGAGED IN EMERGENCY WILDLAND FIRE SUPPRESSION
ACTIVITIES.
(a) Short Title.--This section may be cited as the ``Wildland
Firefighter Fair Pay Act''.
(b) Definitions.--In this section:
(1) Covered employee.--The term ``covered employee'' means
an employee of the Department of Agriculture, the Department of
the Interior, or the Department of Commerce.
(2) Covered services.--The term ``covered services'' means
services performed by a covered employee that are determined by
the Secretary concerned to be primarily relating to emergency
wildland fire suppression activities.
(3) Premium pay.--The term ``premium pay'' means the
premium pay paid under the provisions of law described in
section 5547(a) of title 5, United States Code.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
an employee of the Department of Agriculture;
(B) the Secretary of the Interior, with respect to
an employee of the Department of the Interior; and
(C) the Secretary of Commerce, with respect to an
employee of the Department of Commerce.
(c) Waiver of Premium Pay Period Limitation.--Any premium pay for
covered services shall be disregarded in calculating the aggregate of
the basic pay and premium pay for the applicable covered employee for
purposes of a pay period limitation under section 5547(a) of title 5,
United States Code, or under any other provision of law.
(d) Waiver of Annual Premium Pay Limitation.--Any premium pay for
covered services shall be disregarded in calculating any annual
limitation on the amount of overtime pay payable in a calendar year or
fiscal year under section 5547(b) of title 5, United States Code.
(e) Pay Limitation.--A covered employee may not be paid premium pay
if, or to the extent that, the aggregate amount of the basic pay and
premium pay (including premium pay for covered services) of the covered
employee for a calendar year would exceed the rate of basic pay payable
for a position at level II of the Executive Schedule under section 5313
of title 5, United States Code, as in effect at the end of that
calendar year.
(f) Treatment of Additional Premium Pay.--If the application of
this section results in the payment of additional premium pay to a
covered employee of a type that is normally creditable as basic pay for
retirement or any other purpose, that additional premium pay shall not
be--
(1) considered to be basic pay of the covered employee for
any purpose; or
(2) used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or 5552 of title 5, United States Code.
(g) Overtime Rates.--Section 5542(a)(5) of title 5, United States
Code, is amended by striking ``the United States Forest Service in''.
SEC. 103. DIRECT HIRE AUTHORITY.
(a) Short Title.--This section may be cited as the ``Conservation
Jobs Act of 2022''.
(b) Direct Hire Authority.--Section 147(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding
at the end the following:
``(4) Direct hire authority.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Agriculture may appoint, without regard to
the provisions of subchapter I of chapter 33 of title
5, United States Code (other than sections 3303 and
3328 of such title), covered graduates directly to any
position with the Forest Service for which the
candidate meets Office of Personnel Management
qualification standards.
``(B) Limitations.--The Secretary may not appoint
under subparagraph (A)--
``(i) during fiscal year 2023, more than 10
covered job corps graduates;
``(ii) during fiscal year 2024, more than
20 covered job corps graduates;
``(iii) during fiscal year 2025, more than
30 covered job corps graduates; and
``(iv) during fiscal year 2026 and each
fiscal year thereafter, more than 50 covered
job corps graduates.
``(C) Covered job corps graduate defined.--In this
paragraph, the term `covered graduate' means a graduate
of a Civilian Conservation Center who successfully
completed a training program, including in
administration, human resources, business, or quality
assurance, that was focused on forestry, wildland
firefighting, or another topic relating to the mission
of the Forest Service.''.
Subtitle B--Authorization of Appropriations for Forest Service Fire and
Non-Fire Salaries and Expenses
SEC. 111. IN GENERAL.
There is authorized to be appropriated--
(1) for salaries and expenses of fire-related employees of
the Forest Service to carry out wildfire preparedness under the
wildland fire management program authorized pursuant to the
Organic Administration Act of 1897 (16 U.S.C. 551),
$1,615,600,000 for fiscal year 2023 and each fiscal year
thereafter; and
(2) for salaries and expenses of National Forest System
employees not described in paragraph (1) to carry out
activities for the stewardship and management of the National
Forest System, $2,353,400,000 for fiscal year 2023 and each
fiscal year thereafter.
Subtitle C--Other Personnel
SEC. 121. NATIONAL ENVIRONMENTAL POLICY ACT STRIKE TEAMS.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall, for each
region of the Forest Service, establish and maintain at least one NEPA
strike team per region.
(b) Priority Assignments.--The Secretary of Agriculture shall give
priority assignments to NEPA strike teams established under subsection
(a) that serve--
(1) areas of the National Forest System with a high or very
high risk of wildfire; and
(2) at-risk communities with a significant number or
percentage of homes exposed to wildfire.
(c) Composition of Strike Teams.--Strike teams established under
subsection (a) shall, to the maximum extent practicable, consist of
interdisciplinary members who have demonstrated success in the
efficient and effective completion of all stages of compliance with the
National Environmental Policy Act (42 U.S.C. 4321 et seq.).
SEC. 122. COMMUNITY MITIGATION ASSISTANCE TEAMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall, for each
region of the Forest Service, establish and maintain at least one
community mitigation assistance team.
(b) Priority Assignments.--The Secretary of Agriculture shall give
priority assignments to community mitigation assistance teams
established under subsection (a) that serve at-risk communities with a
significant number or percentage of homes exposed to a high or very
high risk of wildfire.
(c) Assessments.--With respect to a community mitigation assistance
team established under subsection (a), the Secretary of Agriculture
may--
(1) at the request of a State or political subdivision,
assign such a team to provide pre-fire assessments; and
(2) assign such a team to an area or community to provide
post-fire assessments.
SEC. 123. FILLING FOREST SERVICE RECREATION MANAGEMENT STAFF VACANCIES.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, shall fill vacancies in Forest Service
recreation management and planning staff, including recreation
technicians, recreation officers, and natural resource managers.
(b) Priority.--The Secretary shall prioritize filling vacancies
under subsection (a) in units of the National Forest System that--
(1) are at high or very high risk of wildfires; and
(2) are located in areas of substantial public use.
(c) Training and Certification as a Forest Protection Officer.--The
Secretary may provide the opportunity for any individual who fills a
vacancy pursuant to subsection (a) to receive training and
certification as a Forest Protection Officer.
SEC. 124. FILLING VACANCIES AND INCREASING NUMBER OF POSITIONS
AVAILABLE IN THE FOREST SERVICE TO ADDRESS PUBLIC SAFETY
AND PROTECTION CONCERNS.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, shall--
(1) fill vacancies in the Forest Service in roles that
primarily address public safety and protection;
(2) assess the number of positions necessary to promote
public safety and protect resources from unauthorized use; and
(3) seek to increase the number of positions available, as
described in paragraph (2), as appropriate.
(b) Priority.--The Secretary shall prioritize filling vacancies and
increasing the number of positions under subsection (a) in units of the
National Forest System that--
(1) are at high or very high risk of wildfires; and
(2) are located in areas of substantial public use.
TITLE II--WILDFIRE, ECOSYSTEM PROTECTION, COMMUNITY PREPAREDNESS, AND
RECOVERY
Subtitle A--10-Year National Wildfire Plan
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Plan.--The term ``Plan'' means the plan required under
section 202(a).
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior.
(3) 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.
SEC. 202. IMPLEMENTATION OF 10-YEAR NATIONAL WILDFIRE PLAN.
(a) In General.--The Secretary of Agriculture shall, in
coordination with the Secretary of the Interior, implement a 10-year
National Wildfire Plan that--
(1) includes--
(A) hazardous fuels and prescribed fire activities
to address wildfire risk;
(B) vegetation, watershed, wildlife and fisheries
habitat management to maintain habitat and improve
ecological conditions, including--
(i) protecting mature and old-growth trees
and forests;
(ii) maintaining habitat in a way that
advances at-risk species recovery and
conservation; and
(iii) completing consultations required
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(C) management of recreation, heritage, and
wilderness programs;
(D) activities under the Joint Fire Science Program
to address wildfire risk;
(E) the activities required under this subtitle;
(F) the activities included in--
(i) the National Cohesive Wildland Fire
Management Strategy (and successor documents);
(ii) the Wildfire Crisis Strategy entitled
``Confronting the Wildfire Crisis: A Strategy
for Protecting Communities and Improving
Resilience in America's Forests'' and dated
January 2022 (and successor documents);
(iii) the Wildfire Crisis Strategy
Implementation Plan entitled ``Wildfire Crisis
Implementation Plan'' and dated January 2022
(and successor documents); and
(iv) the Wildfire Crisis Landscape
Investments plan entitled ``Confronting the
Wildfire Crisis: Initial Landscape Investments
to Protect Communities and Improve Resilience
in America's Forests'' dated April 2022 (and
successor documents); and
(G) such other wildfire-related activities as
determined appropriate by the Secretary of Agriculture
or the Secretary of the Interior, in accordance with
existing law and regulations; and
(2) in accordance with section 203, prioritizes carrying
out landscape-scale restoration projects.
(b) Coordination.--In carrying out subsection (a), to the maximum
extent practicable, the Secretary of Agriculture, in coordination with
the Secretary of Interior, shall--
(1) utilize cooperative forestry authorities and
agreements, including but not limited to the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.);
(2) solicit proposals from States, counties, and Tribes to
address water quantity and quality concerns;
(3) solicit proposals from States, counties, and Tribes for
hazardous fuels treatments;
(4) consider the long-term State-wide assessments and
forest resource strategies established in section 2A the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a);
and
(5) provide priority to collaboratively developed projects.
(c) Funding.--
(1) Authorization of appropriations.--
(A) Hazardous fuels and prescribed fire.--There is
authorized to be appropriated to the Secretary of
Agriculture to carry out hazardous fuels and prescribed
fire activities under subsection (a)(1)(A),
$500,000,000 for each of fiscal years 2023 through
2032.
(B) Vegetation, watershed, wildlife, and fisheries
management.--There is authorized to be appropriated to
the Secretary of Agriculture to carry out vegetation,
watershed, wildlife and fisheries management activities
under subsection (a)(1)(B), $500,000,000 for each of
fiscal years 2023 through 2032.
(C) Recreation, heritage, wilderness.--There is
authorized to be appropriated to the Secretary of
Agriculture to carry out recreation, heritage, and
wilderness programs under subsection (a)(1)(C),
$500,000,000 for each of fiscal years 2023 through
2032.
(D) Joint fire science program.--There is
authorized to be appropriated to carry out wildfire
risk reduction and research activities of the Joint
Fire Science Program pursuant to the Plan, $20,000,000,
for each of fiscal years 2023 through 2032, of which--
(i) $10,000,000 shall be made available to
the Secretary of Agriculture; and
(ii) $10,000,000 shall be made available to
the Secretary of the Interior.
(2) Hazardous fuels.--
(A) Permissive use.--Of the amounts made available
pursuant to paragraph (1)(A) for a fiscal year, up to
10 percent may be used to cover a portion of wildland
firefighter salaries, so long as the positions to which
such salaries apply are full-time and cover projects
and activities to reduce wildfire risk.
(B) Limitation.--The amounts made available
pursuant to paragraph (1)(A) may not be used to cover
any portion of wildland firefighter salaries if the
activities to reduce wildfire risk are considered
wildfire suppression activities.
SEC. 203. SELECTION AND IMPLEMENTATION OF LANDSCAPE-SCALE FOREST
RESTORATION PROJECTS.
(a) In General.--In carrying out the Plan, the Secretary of
Agriculture shall select, in accordance with this section, landscape-
scale forest restoration projects--
(1) to implement on National Forest System land; and
(2) if applicable, to implement on land adjoining National
Forest System land, in coordination with other Federal and non-
Federal entities.
(b) Initial Phase.--During the 5-year period beginning on the date
of enactment of this Act, subject to the availability of
appropriations, the Secretary of Agriculture shall select not more than
20 landscape-scale forest restoration projects under subsection (a).
(c) Eligibility Requirements.--
(1) In general.--Subject to paragraph (2), to be eligible
for selection and implementation under subsection (a), a
landscape-scale forest restoration project shall satisfy the
following requirements:
(A) The purposes and needs for the project shall
be--
(i) to restore the ecological integrity and
ecological resilience of terrestrial and
aquatic areas that have departed from reference
conditions within the forest landscape;
(ii) to restore appropriate natural fire
regimes, including by reducing fuel loads in
areas that have departed from reference
conditions, taking into account the current and
projected impacts of climate change; and
(iii) to conduct wildfire risk reduction
activities within the wildland-urban interface
to the extent that the project includes lands
within the wildland-urban interface.
(B) The project shall be developed and supported by
a collaborative group that--
(i) includes multiple interested persons
representing diverse interests;
(ii) is transparent and inclusive; and
(iii) has sufficient expertise, capacity,
and scientific support to effectively plan,
implement, and monitor landscape-level,
ecologically based forest restoration
activities.
(C) The project shall be based on a landscape
assessment that shall--
(i) cover a landscape of--
(I) except as provided in
subclauses (II) and (III), not less
than 100,000 acres;
(II) in such limited cases as the
Secretary of Agriculture determines to
be appropriate, not less than 80,000
acres if--
(aa) the assessment is
completed or substantially
completed as of the date of
enactment of this Act; and
(bb) in the determination
of the Secretary of
Agriculture, assessing a larger
area is not necessary to
restore the integrity,
resilience, and fire regimes of
the landscape; or
(III) not less than 50,000 acres in
the case of a project that is carried
out east of the 100th meridian;
(ii) evaluate ecological integrity and
determine reference conditions for the
landscape;
(iii) identify terrestrial and aquatic
areas within the landscape that have departed
from reference conditions;
(iv) identify criteria to determine
appropriate restoration treatments within
degraded areas of the landscape to achieve
reference conditions, including management
prescriptions and necessary mitigation measures
to protect at-risk species;
(v) be based on the best available
scientific information and data, including,
where applicable, high-resolution imagery,
LiDAR, and similar technologies and
information, and involve direct engagement by
scientists; and
(vi) identify priority restoration
strategies for terrestrial and aquatic areas,
including prescribed fire and wildfires managed
for multiple resource benefits, which shall
focus on--
(I) areas that are the most
departed from reference conditions; and
(II) areas that would benefit the
most from reducing the risk of
uncharacteristic wildfire, especially
with respect to nearby communities,
taking into account other completed,
ongoing, planned fuels-reduction
projects, and the effects of recent
wildfires.
(D) Restoration treatments under the project--
(i) shall emphasize the reintroduction of
characteristic fire, based on forest ecology
and reference conditions, through the use of
prescribed fire, wildfire, or both;
(ii) that involve any proposed mechanical
treatments shall be designed to promote--
(I) the restoration of reference
conditions in areas that lack
ecological integrity, with a focus on
the reduction of surface and ladder
fuels; and
(II) the establishment of
conditions that will facilitate
prescribed fire or managed wildfire;
(iii) shall--
(I) fully maintain or contribute to
the restoration of reference old forest
conditions, taking into account the
current and projected impacts of
climate change; and
(II) protect or increase the number
and distribution of large old trees,
consistent with reference conditions,
excepting any de minimis losses of
large old trees from prescribed fire or
hazardous tree removal; and
(iv) that involve prescribed fire shall
provide advance notification, in accordance
with notification procedures developed by the
Secretary of Agriculture, to the owner or
operator of critical infrastructure, such as a
power line right-of-way, of any prescribed fire
treatments within close proximity to the
infrastructure.
(E) The project shall be consistent with all
applicable environmental laws, including--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(iii) the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.).
(F) The project shall be consistent with section
208.
(G) The project shall require multiparty
monitoring, including opportunities for public
engagement, and an adaptive management approach that--
(i) conditions the future implementation of
the project on the satisfactory completion of--
(I) priority restoration actions;
and
(II) required monitoring after
implementation;
(ii) validates conditions projected to
occur in the environmental analysis for the
project; and
(iii) requires modifications to the project
if monitoring reveals impacts beyond the
anticipated impacts of the project.
(H)(i) No new permanent road may be built as part
of the project.
(ii) Any new temporary roads needed to implement
the project shall be decommissioned not later than 3
years after completion of the project.
(I) The project shall use an efficient approach to
landscape-scale analysis and decisionmaking that is
consistent with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), which may include--
(i) the preparation of a single
environmental impact statement or environmental
assessment, as applicable, for the entire
project, incorporating the landscape assessment
described in subparagraph (C);
(ii) the use of, as applicable--
(I) multiple records of decision to
implement a single environmental impact
statement; or
(II) multiple decision notices to
implement a single environmental
assessment;
(iii) the preparation of a programmatic
environmental impact statement or environmental
assessment, as applicable, for the entire
project, incorporating the landscape assessment
described in subparagraph (C), followed by
focused, concise, and site-specific--
(I) environmental assessments; or
(II) categorical exclusions
consistent with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(iv) the use of the landscape assessment
described in subparagraph (C), through
incorporation by reference and similar
approaches, to support focused, concise, and
site-specific--
(I) environmental assessments; or
(II) categorical exclusions
consistent with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2) Exception.--If the Secretary of Agriculture determines
that there are an insufficient number of projects that fully
comply with the requirements described in paragraph (1) to
implement based on all available funding, then the Secretary of
Agriculture may, during the 2-year period beginning on the date
of enactment of this Act, select under subsection (a) not more
than a total of 5 landscape-scale forest restoration projects
to implement that do not fully comply with those requirements
if the projects--
(A) fully comply with the requirements described in
subparagraphs (B), (D), (E), (F), (G), (H), and (I) of
that paragraph;
(B) in the determination of the Secretary of
Agriculture, have purposes and needs that are
consistent with the purposes and needs described in
subparagraph (A) of that paragraph; and
(C) are supported by landscape assessments that are
substantially (if not completely) consistent with the
requirements described in subparagraph (C) of that
paragraph, subject to the condition that the applicable
landscape assessments fully comply with the
requirements described in clauses (i) and (v) of that
subparagraph.
(d) Evaluation of Eligible Projects.--
(1) In general.--In determining which landscape-scale
forest restoration projects to select under subsection (a), the
Secretary of Agriculture shall consider--
(A) the criteria described in paragraph (2);
(B) the extent to which the project utilizes the
approaches to project implementation described in
paragraph (3); and
(C) the recommendations of the advisory panel
established under subsection (e).
(2) Criteria.--The criteria referred to in paragraph (1)(A)
are--
(A) the demonstrated need, based on the best
available science, to restore ecological integrity to
degraded or departed areas within the landscape covered
by the project, taking into account the current and
projected impacts of climate change;
(B)(i) the importance of watersheds in the area
covered by the project for downstream waters supply;
and
(ii) the opportunity to improve the
ecological integrity and ecological conditions
of those watersheds and reduce risks to water
resources through landscape-scale forest
restoration;
(C)(i) the potential extent of cost sharing for the
development and implementation of the project from
diverse sources, such as State or local governments,
water or electric utilities, carbon credits, or private
entities; and
(ii) the proportion of the non-Federal cost
share that is in the form of cash
contributions;
(D) whether the area covered by the project has
high-resolution, remote-sensing data and other
information available that enables a landscape
assessment and a robust analysis and disclosure of the
effects and outcomes of implementing restoration
activities;
(E) whether the project is using, or will use,
innovative approaches to completing resource surveys
that are less costly and less time-consuming than usual
practices while providing the information necessary for
project design and analysis;
(F) whether the project will reduce the number of
miles of permanent roads on National Forest System land
that are not necessary for resource management or
recreational access;
(G) whether the project will assess or quantify the
ecosystem service benefits of forest restoration within
the landscape covered by the project, such as water,
carbon, biodiversity, fire risk reduction, public
health, and community safety;
(H) whether the project has the potential to
support new or existing wood processing infrastructure
that can make economic use of the byproducts of forest
restoration;
(I) whether the project has the potential to
support local employment and investment opportunities,
particularly in economically disadvantaged communities;
(J) the scale of the landscape assessment for the
project, with a preference for projects for which the
landscape assessment covers a larger area; and
(K) whether the project--
(i) strives to restore ecological integrity
and ecological conditions within areas across
land ownerships, including State and private
land; and
(ii) will reduce the risk of
uncharacteristic wildfire, and, to the extent
practicable, restore ecological integrity,
within the wildland-urban interface.
(3) Collaboration.--The Secretary of Agriculture may
coordinate with Federal, State, local, and Tribal agencies with
respect to selection and implementation under subsection (a), a
landscape-scale forest restoration project.
(e) Advisory Panel.--
(1) In general.--The Secretary of Agriculture shall
establish and maintain an advisory panel composed of not more
than 15 members to evaluate, and provide recommendations on--
(A) each landscape-scale forest restoration project
that the Secretary of Agriculture is reviewing for
potential selection under subsection (a); and
(B) proposals for planning and developing
landscape-scale forest restoration projects.
(2) Representation.--The Secretary of Agriculture shall
ensure that the membership of the advisory panel established
under paragraph (1) is fairly balanced in terms of the points
of view represented and the functions to be performed by the
advisory panel.
(3) Inclusion.--The advisory panel established under
paragraph (1) shall include experts in ecological forest
restoration, fire ecology, fire management, rural economic and
workforce development, strategies for ecological adaptation to
climate change, fish and wildlife ecology, and woody biomass
and small-diameter tree utilization.
(4) Exemption.--The advisory panel established under
paragraph (1) shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 204. YOUTH AND CONSERVATION CORPS ASSISTANCE WITH PROJECTS UNDER
THE PLAN.
In carrying out projects under the Plan, the Secretaries shall, to
the maximum extent practicable--
(1) identify appropriate projects to be carried out by, and
enter into cooperative agreements to carry out such projects
with--
(A) qualified youth or conservation corps (as
defined in section 203 of the Public Lands Corps Act of
1993 (16 U.S.C. 1722)); or
(B) nonprofit wilderness and trails stewardship
organizations, including--
(i) the Corps Network;
(ii) the National Wilderness Stewardship
Alliance;
(iii) American Trails; and
(iv) other public lands stewardship
organizations, as appropriate; and
(2) waive any matching funds requirements, including under
section 212(a)(1) of the Public Lands Corps Act of 1993 (16
U.S.C. 1729(a)(1)).
SEC. 205. PRESCRIBED FIRE TRAINING EXCHANGES.
(a) Western Prescribed Fire Centers.--
(1) In general.--In carrying out the Plan, the Secretaries
shall establish 1 or more centers to train individuals in
prescribed fire methods and other methods relevant to the
mitigation of wildfire risk (referred to in this subsection as
a ``center'').
(2) Host institutions.--The 1 or more centers shall be--
(A) located at 1 or more institutions of higher
education; or
(B) developed in collaboration with 1 or more
institutions of higher education.
(3) Goals.--The 1 or more centers shall advance the
following goals:
(A) Training individuals and conducting research on
prescribed fire methods and other restoration methods
relevant to the mitigation of wildfire risk.
(B) Developing and advancing interdisciplinary
science relating to wildfire, including social science
and human dimensions of wildfire.
(C) Conducting ongoing and forward-looking needs
assessments among stakeholders, including Federal and
State agencies and Indian Tribes, to determine common
need requirements and emerging challenges to reduce
wildfire risk and adapt communities to increased risk
from wildfire, including the following hazard-related
focus areas:
(i) Increasing disaster resilience.
(ii) Mitigation and management methods.
(iii) Air quality.
(iv) Firestorm weather forecasting and
burn-area debris flow forecasting, including
empirical and modeling research.
(D) Collaborating with Federal wildfire scientists
at the Forest Service, the Department of the Interior,
and other related Federal agencies.
(E) Identifying, through a detailed engagement
process targeting defined end-users, the requirements
and delivery mechanisms for products and services that
are practical and will have an impact on mitigating
wildfire risk.
(F) Promoting technology transfer with pathways for
dissemination, implementation, and application of
research results on the ground, using and enhancing
previous research.
(G) Ensuring the connectivity and interoperability
of distributed services to maximize synergies and
benefits across services.
(H) Developing open digital infrastructure to make
research data, science, and models open for all sectors
to use.
(I) Collaborating with prescribed fire and wildfire
science programs, including the Joint Fire Science
Program, Fire Science Exchange Networks, and State and
Regional Prescribed Fire Associations.
(J) Advancing best practices and training for
safely pursuing, conducting, and controlling prescribed
fires.
(K) Creating processes to facilitate public comment
prior to prescribed fire implementation.
(4) Location.--
(A) In general.--The 1 or more centers shall be
located in any State the entirety of which is located
west of the 100th meridian.
(B) Consultation.--The Secretaries shall consult
with the Joint Fire Science Program to solicit and
evaluate proposals for the location of the 1 or more
centers.
(C) Selection.--Not later than 1 year after the
date of enactment of this Act, based on the
consultation under subparagraph (B), the Secretaries
shall select a location for the 1 or more centers.
(b) Additional Training Centers.--Subject to the availability of
appropriations, not later than September 30, 2023, the Secretary of the
Interior, in cooperation with the Secretary of Agriculture, shall--
(1) establish and operate a prescribed fire training center
in a western State;
(2) continue to operate a prescribed fire training center
in an eastern State;
(3) establish a virtual prescribed fire training center;
and
(4) establish and maintain a Strategic Wildfire Management
Training Center.
SEC. 206. ECOSYSTEM RESTORATION GRANT FUND THROUGH NATIONAL FISH AND
WILDLIFE FOUNDATION.
(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Secretary shall enter into a cooperative
agreement with the Foundation to establish the Community Resilience and
Restoration Fund at the Foundation to--
(1) improve community safety in the face of climactic
extremes through conservation and protection of restoration and
resilience lands;
(2) to protect, conserve, and restore restoration and
resilience lands in order to help communities respond and adapt
to natural threats, including wildfire, drought, extreme heat,
and other threats posed or exacerbated by the impacts of global
climate;
(3) to build the resilience of restoration and resilience
lands to adapt to, recover from, and withstand natural threats,
including wildfire, drought, extreme heat, and other threats
posed or exacerbated by the impacts of global climate change;
(4) to protect and enhance the biodiversity of wildlife
populations, with special consideration to the recovery and
conservation of at-risk species, across restoration and
resilience lands;
(5) to support the health of restoration and resilience
lands for the benefit of present and future generations;
(6) to foster innovative, nature-based solutions that help
meet the goals of this section; and
(7) to enhance the nation's natural carbon sequestration
capabilities and help communities strengthen natural carbon
sequestration capacity where applicable.
(b) Management of the Fund.--The Foundation shall manage the Fund--
(1) pursuant to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.); and
(2) in such a manner that, to the greatest extent
practicable and consistent with the purposes for which the Fund
is established--
(A) ensures that amounts made available through the
Fund are accessible to historically underserved
communities, including Tribal communities, communities
of color, and rural communities; and
(B) avoids project selection and funding overlap
with those projects and activities that could otherwise
receive funding under--
(i) the National Oceans and Coastal
Security Fund, established under the National
Oceans and Coastal Security Act (16 U.S.C.
7501); or
(ii) other coastal management focused
programs.
(c) Competitive Grants.--
(1) In general.--To the extent amounts are available in the
Fund, the Foundation shall award grants to eligible entities
through a competitive grant process in accordance with
procedures established pursuant to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.)
to carry out eligible projects and activities, including
planning eligible projects and activities.
(2) Proposals.--The Foundation, in coordination with the
Secretary, shall establish requirements for proposals for
competitive grants under this section.
(d) Use of Amounts in the Fund.--
(1) Planning.--Not less than 8 percent of amounts
appropriated annually to the Fund may be used to plan eligible
projects and activities, including capacity building.
(2) Administrative costs.--
(A) Not more than 4 percent of amounts appropriated
annually to the Fund may be used by the Foundation for
administrative expenses of the Fund or administration
of competitive grants offered under the Fund.
(B) Not more than 4 percent of the amounts
appropriated annually to the Fund may be used by the
United States Fish and Wildlife Service for
administrative expenses.
(3) Priority.--Not less than $10,000,000 of the amounts
appropriated annually to the Fund shall be awarded annually to
support eligible projects and activities for Indian Tribes.
(4) Coordination.--The Secretary and Foundation shall
ensure, to the greatest extent practicable and through
meaningful consultation, that input from Indian Tribes,
including traditional ecological knowledge, is incorporated in
the planning and execution of eligible projects and activities.
(e) Reports.--
(1) Annual reports.--Beginning at the end the first full
fiscal year after the date of enactment of this section, and
not later than 60 days after the end of each fiscal year in
which amounts are deposited into the Fund, the Foundation shall
submit to the Secretary a report on the operation of the Fund
including--
(A) an accounting of expenditures made under the
Fund, including leverage and match as applicable;
(B) an accounting of any grants made under the
Fund, including a list of recipients and a brief
description of each project and its purposes and goals;
and
(C) measures and metrics to track benefits created
by grants administered under the Fund, including
enhanced biodiversity, water quality, natural carbon
sequestration, and resilience.
(2) 5-Year reports.--Not later than 90 days after the end
of the fifth full fiscal year after the date of enactment of
this section, and not later than 90 days after the end every
fifth fiscal year thereafter, the Foundation shall submit to
the Secretary a report containing--
(A) a description of any socioeconomic,
biodiversity, community resilience, or climate
resilience or mitigation (including natural carbon
sequestration), impacts generated by projects funded by
grants awarded by the Fund, including measures and
metrics illustrating these impacts;
(B) a description of land health benefits derived
from projects funded by grants awarded by the Fund,
including an accounting of--
(i) lands treated for invasive species;
(ii) lands treated for wildfire threat
reduction, including those treated with
controlled burning or other natural fire-
management techniques; and
(iii) lands restored either from wildfire
or other forms or degradation, including over-
grazing and sedimentation;
(C) key findings for Congress, including any
recommended changes to the authorization or purposes of
the Fund;
(D) best practices for other Federal agencies in
the administration of funds intended for land and
habitat restoration;
(E) information on the use and outcome of funds
specifically set aside for planning and capacity
building pursuant to subsection (d)(1); and
(F) any other information that the Foundation
considers relevant.
(3) Submission of reports to congress.--Not later than 10
days after receiving a report under this section, the Secretary
shall submit the report to the Committee on Natural Resources
of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
(f) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Fund $100,000,000 for each of fiscal years 2023
through 2032 to carry out this section.
(g) Definitions.--For purposes of this section:
(1) The term ``eligible entity'' means a Federal agency,
State, the District of Columbia, a territory of the United
States, a unit of local government, an Indian Tribe, a non-
profit organization, or an accredited institution of higher
education.
(2) The term ``eligible projects and activities'' means
projects and activities carried out by an eligible entity on
public lands, Tribal lands, or private land, or any combination
thereof, to further the purposes for which the Fund is
established, including planning and capacity building and
projects and activities carried out in coordination with
Federal, State, or Tribal departments or agencies, or any
department or agency of a subdivision of a State.
(3) The term ``Foundation'' means the National Fish and
Wildlife Foundation established under the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
(4) The term ``Fund'' means the Community Resilience and
Restoration Fund established under subsection (a).
(5) The term ``Indian Tribe'' means the governing body of
any Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component reservation
individually identified (including parenthetically) on the list
published by the Secretary under section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(6) The term ``restoration and resilience lands'' means
fish, wildlife, and plant habitats, and other important natural
areas in the United States, on public lands, private land
(after obtaining proper consent from the landowner), or land of
Indian Tribes, including grasslands, shrublands, prairies,
chapparral lands, forest lands, deserts, and riparian or
wetland areas within or adjacent to these ecosystems.
(7) The term ``public lands'' means lands owned or
controlled by the United States.
(8) The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the United States Fish
and Wildlife Service.
(9) The term ``State'' means a State of the United States,
the District of Columbia, any Indian Tribe, and any
commonwealth, territory, or possession of the United States.
SEC. 207. NATIONAL COMMUNITY CAPACITY AND LAND STEWARDSHIP GRANT
PROGRAM.
(a) Definitions.--In this section:
(1) Community capacity.--The term ``community capacity''
means the ability of an eligible entity to carry out or assist
in a land stewardship activity.
(2) Disadvantaged community.--The term ``disadvantaged
community'' means--
(A) a low-income community (as defined in section
45D(e) of the Internal Revenue Code of 1986); and
(B) a community that includes a significant
population that has been systematically denied a full
opportunity to participate in aspects of economic,
social, and civic life based on a particular
characteristic, such as Black, Latino, Indigenous, and
Native American persons, Asian Americans, Pacific
Islanders, and other persons of color.
(3) Eligible entity.--The term ``eligible entity'' means
any the following entities that is located in or represents a
disadvantaged community:
(A) An organization described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code.
(B) A collaborative group fiscally sponsored by an
organization described in subparagraph (A).
(C) A unit of local government.
(D) An Indian Tribe.
(E) A special district government, as defined by
the Director of the Bureau of the Census.
(4) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Land stewardship activity.--The term ``land stewardship
activity'' means any of the following activities, as applied to
a qualifying project:
(A) Planning.
(B) Collaboration and building community support.
(C) Implementation on land other than National
Forest System land.
(D) Monitoring, including multiparty monitoring,
and adaptive management.
(7) Qualifying project.--The term ``qualifying project''
means any of the following activities that takes place at least
in substantial part on National Forest System land or national
grasslands:
(A) Restoration of the ecological integrity of a
forest, meadow, grassland, prairie, or other habitat.
(B) Tribal management for aligned cultural and
ecological values.
(C) Enhancing community wildfire resilience in the
wildland-urban interface.
(D) Increasing equitable access to environmental
education and volunteerism opportunities.
(8) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Purpose.--The purpose of this section is to support increasing
community capacity, partnerships, and collaborations within and
involving disadvantaged communities for land stewardship activities and
restoration of ecological integrity on--
(1) National Forest System land;
(2) national grasslands; and
(3) adjacent private, State, and trust land associated with
the health and resilience of land described in paragraphs (1)
and (2).
(c) Administration.--
(1) In general.--The Secretary may issue grants to eligible
entities for increasing community capacity for land stewardship
activities and related activities based on the criteria
described in subsection (d).
(2) Federal cost-share.--
(A) In general.--The Secretary may fund up to 100
percent of the cost of land stewardship activities and
related activities carried out using a grant issued
under paragraph (1).
(B) Matching eligibility.--A grant issued under
this section may be considered a non-Federal matching
contribution from the eligible entity that received the
grant towards other sources of Federal funding.
(3) Duration.--The Secretary may issue a grant under
paragraph (1) for a period of 1 or more years.
(4) Maximum grant amount.--The amount of a grant issued
under paragraph (1) shall be not more than $50,000 per year.
(5) Applicable laws.--The Secretary shall administer grants
under paragraph (1) in accordance with all applicable Federal
and State laws.
(d) Criteria for Awarding Grants.--
(1) In general.--Subject to paragraph (2), the Secretary
shall award grants to eligible entities under subsection (c)(1)
on a competitive basis in accordance with the following
criteria:
(A) The extent to which the proposed land
stewardship activities benefit units of the National
Forest System and national grasslands over the short
and long term.
(B) The extent to which valuable ecological,
economic, and social benefits to disadvantaged
communities, including job creation and business
development or retention, are likely to result from the
scope of the land stewardship activities.
(C) The extent to which the grant would benefit
disadvantaged communities that have historically
received less investment in collaborative capacity.
(D) The extent to which the proposal brings
together diverse interests through planning,
collaboration, implementation, or monitoring of land
stewardship activities to benefit units of the National
Forest System or national grasslands.
(E) The extent to which the grant funds appear to
be critical for the success of the eligible entity and
the identified land stewardship activities.
(F) The extent to which the budget for the land
stewardship activities is reasonable given the
anticipated outcomes.
(2) Set-aside for indian tribes.--The Secretary shall
allocate not less than 10 percent of the funding awarded under
this section to Indian Tribes or eligible entities representing
Indian Tribes.
(e) Annual Reviews.--
(1) In general.--The Secretary shall establish and maintain
an advisory panel composed of not more than 15 members to
provide feedback each year to the Chief of the Forest Service
on the extent to which the implementation of this section is
fulfilling the purpose described in subsection (b).
(2) Inclusions.--The advisory panel established under
paragraph (1) shall include representation from a diversity of
public land stakeholders from across interest groups,
including--
(A) not fewer than 8 members representing the
interests of a diversity of disadvantaged communities;
and
(B) not fewer than 2 members representing not fewer
than 2 Indian Tribes.
(3) Exemption.--The advisory panel established under
paragraph (1) shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
(f) Report Evaluating Program Implementation.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture, the Committee on Natural Resources,
and the Committee on Appropriations of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry, the Committee on Energy and Natural Resources,
and the Committee on Appropriations of the Senate a report
evaluating the implementation of this section, including--
(A) a list of the eligible entities and land
stewardship activities selected for funding under this
section and the accomplishments of those activities;
and
(B) an evaluation of the extent to which the
implementation of this section is fulfilling the
purpose described in subsection (b).
(2) Consultation; contracting.--In preparing the report
under paragraph (1), the Secretary--
(A) shall consult with the advisory panel
established under subsection (e)(1); and
(B) may contract with a third party to complete an
evaluation of the implementation of this section to
inform the report.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $50,000,000 for the
period of fiscal years 2023 through 2032.
(2) Distribution.--The Secretary shall, to the maximum
extent practicable, distribute amounts made available under
paragraph (1) in a geographically equitable manner.
(3) Administrative costs.--Not more than 10 percent of any
amounts made available to carry out this section may be used
for administrative management and program oversight.
SEC. 208. PROTECTION OF INVENTORIED ROADLESS AREAS.
The Secretary of Agriculture shall not authorize road construction,
road reconstruction, or the cutting, sale, or removal of timber on
National Forest System lands subject to the Roadless Area Conservation
Rule as published on January 12, 2001 (66 Fed. Reg. 3243) except as
provided in--
(1) subpart B of part 294 of title 36, Code of Federal
Regulations (as in effect on January 12, 2001);
(2) subpart C of part 294 of title 36, Code of Federal
Regulations (as in effect on October 16, 2008 for Idaho); and
(3) subpart D of part 294 of title 36, Code of Federal
Regulations (as provided for Colorado on July 3, 2012 and
December 19, 2016).
SEC. 209. STRATEGIC WILDLAND FIRE MANAGEMENT PLANNING FOR PRESCRIBED
FIRE.
(a) In General.--Not later than September 30, 2024, the Secretary
concerned shall, in accordance with this section, establish a spatial
fire management plan for any prescribed fire.
(b) Use of Existing Information.--To comply with this section, the
Secretary concerned may use a fire management plan in existence on the
date of enactment of this Act, and information from the Wildland Fire
Decision Support System and the Interagency Fuels Treatment Decision
Support System.
(c) Updates.--To be valid, a spatial fire management plan
established under this section shall not be in use for longer than the
10-year period beginning on the date on which the plan is established.
(d) Contents.--For each spatial fire management plan established
under this section, the Secretary concerned shall--
(1) base the plans on a landscape-scale risk assessment
that includes--
(A) risks to firefighters;
(B) risks to communities;
(C) risks to highly valuable resources; and
(D) other relevant considerations determined by the
Secretary concerned;
(2) include direction, represented in spatial form, from
land management plans and resource management plans;
(3) in coordination with States, delineate potential
operational delineations that--
(A) identify potential prescribed fire or wildfire
control locations; and
(B) specify the places in which firefighters will
not be sent because of the presence of unacceptable
risk, including areas determined by the Secretary
concerned as--
(i) exceeding a certain slope;
(ii) containing too high of a volume of
hazardous fuels, under certain weather
conditions; or
(iii) containing other known hazards;
(4) include a determination of average severe fire weather
for the plan area;
(5) include prefire planning provisions;
(6) include a plan for emergency wildfire suppression
activities; and
(7) include, at a minimum, any other requirement determined
to be necessary by the Secretary concerned.
(e) Consistency With Management Plans.--The spatial fire management
plans established under this section shall, to the maximum extent
practicable, be consistent with the fire management objectives and land
management objectives in the applicable land management plan or
resource management plan.
(f) Revisions to Land Management Plans and Resource Management
Plans.--A revision to a land management plan or resource management
plan shall consider fire ecology and fire management in a manner that
facilitates the issuance of direction for an incident response.
SEC. 210. LONG-TERM BURNED AREA RECOVERY ACCOUNT.
(a) Establishment of Account.--There is established in the Treasury
of the United States the Long-Term Burned Area Recovery account for the
Department of Agriculture.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2023 and each fiscal year thereafter for
the account established by subsection (a) such sums as are necessary to
carry out the activities described in subsection (d), not to exceed
$100,000,000.
(c) Annual Requests.--For fiscal year 2023 and each fiscal year
thereafter, the Secretary of Agriculture shall submit to Congress and
in accordance with subsection (b), a request for amounts necessary to
carry out the activities described in subsection (d).
(d) Authorized Activities.--The Secretary of Agriculture shall use
amounts in the account established by subsection (a) for recovery
projects--
(1) that begin not earlier than 1 year after the date on
which the wildfire was contained;
(2) that are--
(A) scheduled to be completed not later than 3
years after the date on which the wildfire was
contained; and
(B) located at sites impacted by wildfire on non-
Federal or Federal land; and
(3) that restore the functions of an ecosystem or protect
life or property.
(e) Prioritization of Funding.--The Secretary of Agriculture shall
prioritize, on a nationwide basis, projects for which funding requests
are submitted under this section, based on--
(1) downstream effects on water resources; and
(2) public safety.
SEC. 211. REPORT ON 10-YEAR NATIONAL WILDFIRE PLAN IMPLEMENTATION.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Inspector General of the Department of
Agriculture shall submit to Congress a report on the progress made in
the prior year towards completing the goals established under the Plan
that includes--
(1) the amount of funding appropriated to carry out the
Plan pursuant to the provisions of this subtitle with respect
to the prior fiscal year; and
(2) recommendations to improve implementation of the Plan.
SEC. 212. PERFORMANCE METRICS TRACKING.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary of Agriculture shall submit to
Congress an assessment with respect to the prior year of the following:
(1) The acres effectively treated by the Department of
Agriculture on National Forest System lands to reduce wildfire
risk or improve habitat condition--
(A) within the wildland urban interface;
(B) within backcountry areas (including roadless
and wilderness);
(C) within a priority watershed area;
(D) within an identified wildlife corridor; and
(E) for which prescribed fire or wildfire achieved
an ecosystem management goal.
(2) Watershed assessment of the National Forest System,
including if watershed conditions have degraded, improved, or
been maintained.
(3) Carbon emissions and sequestration from National Forest
System lands.
Subtitle B--Tribal Biochar Promotion
SEC. 221. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.)
is amended as follows:
(1) In section 2--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (g) as
subsections (a) through (f), respectively;
(C) by striking ``subsection (b)'' each place it
appears and inserting ``subsection (a)''; and
(D) by striking ``subsection (c)'' each place it
appears and inserting ``subsection (b)''.
(2) By adding at the end the following:
``SEC. 3. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION PROJECT.
``(a) Stewardship Contracts or Similar Agreements.--For each of
fiscal years 2021 through 2030, the Secretary shall enter into
stewardship contracts or similar agreements (excluding direct service
contracts) with Indian Tribes or Tribal organizations to carry out
demonstration projects to support the development and commercialization
of biochar on Indian forest land or rangeland and in nearby communities
by providing reliable supplies of feedstock from Federal land.
``(b) Demonstration Projects.--In each fiscal year for which
demonstration projects are authorized under this section, not less than
4 new demonstration projects that meet the eligibility criteria
described in subsection (c) shall be carried out under contracts or
agreements described in subsection (a).
``(c) Eligibility Criteria.--To be eligible to enter into a
contract or agreement under this section, an Indian Tribe shall submit
to the Secretary an application that includes--
``(1) 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; and
``(2) such other information as the Secretary may require.
``(d) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary shall--
``(1) take into consideration whether a proposed project--
``(A) creates new jobs and enhances the economic
development of the Indian Tribe;
``(B) demonstrates new and innovative uses of
biochar, viable markets for cost effective biochar-
based products, or ecosystem services of biochar;
``(C) improves the forest health or watersheds of
Federal land or Indian forest land or rangeland;
``(D) demonstrates new investments in biochar
infrastructure or otherwise promotes the development
and commercialization of biochar;
``(E) is located in an area with--
``(i) nearby lands identified as having a
high, very high, or extreme risk of wildfire;
``(ii) availability of sufficient
quantities of feedstock; or
``(iii) a high level of demand for biochar
or other commercial byproducts of biochar; or
``(F) any combination of purposes specified in
subparagraphs (A) through (E); and
``(2) exclude from consideration any merchantable logs that
have been identified by the Secretary for commercial sale.
``(e) 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 the 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.
``(f) Report.--Not later than 2 years after the date of the
enactment of this section and every year thereafter, 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.
``(g) Incorporation of Management Plans.--To the maximum extent
practicable, on receipt of a request from an Indian Tribe, the
Secretary shall incorporate into a contract or agreement with that
Indian Tribe entered into pursuant to this section, management plans
(including forest management and integrated resource management plans
and Indian Trust Asset Management Plans) in effect on the Indian forest
land or rangeland of that Indian Tribe.
``(h) Term.--A contract or agreement entered into under this
section--
``(1) shall be for a term of not more than 10 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Biochar.--The term `biochar' means carbonized biomass
produced by converting feedstock through reductive thermal
processing for non-fuel uses.
``(2) Federal land.--The term `Federal land' means--
``(A) land of the National Forest System (as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)) administered by the Secretary of Agriculture,
acting through the Chief of the Forest Service; and
``(B) public lands (as defined in section 103 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)), the surface of which is administered by
the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
``(3) Feedstock.--The term `feedstock' means excess biomass
in the form of plant matter or materials that serves as the raw
material for the production of biochar.
``(4) Indian forest land or rangeland..--The term `Indian
forest land or rangeland' means land that--
``(A) is held in trust by, or with a restriction
against alienation by, the United States for an Indian
Tribe or a member of an Indian Tribe; and
``(B)(i)(I) is Indian forest land (as defined in
section 304 of the National Indian Forest Resources
Management Act (25 U.S.C. 3103)); or
``(II) has a cover of grasses, brush, or any
similar vegetation; or
``(ii) formerly had a forest cover or vegetative
cover that is capable of restoration.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(6) Secretary.--The term `Secretary' means--
``(A) the Secretary of Agriculture, with respect to
land under the jurisdiction of the Forest Service; and
``(B) the Secretary of the Interior, with respect
to land under the jurisdiction of the Bureau of Land
Management.
``(7) Tribal organization.--The term `Tribal organization'
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).''.
TITLE III--OTHER MATTERS
SEC. 301. REQUIREMENTS RELATING TO CERTAIN FIRE SUPPRESSION COST SHARE
AGREEMENTS.
(a) Establishment of Standard Operating Procedures.--Not later than
1 year after the date of the enactment of this section, the covered
Secretaries shall--
(1) establish standard operating procedures relating to
fire suppression cost share agreements established under the
Act of May 27, 1955 (42 U.S.C. 1856a) (commonly known as the
``Reciprocal Fire Protection Act''); and
(2) with respect to each fire suppression cost share
agreement in operation on such date--
(A) review each such agreement; and
(B) modify each agreement as necessary to comply
with the standard operating procedures required under
paragraph (1).
(b) Alignment of Fire Suppression Cost Share Agreements With
Cooperative Fire Protection Agreements.--The standard operating
procedures required under subsection (a)(1) shall include a requirement
that each fire suppression cost share agreement be aligned with each of
the cooperative fire protection agreements applicable to the entity
subject to such fire suppression cost share agreement.
(c) Second-Level Review.--The standard operating procedures
required under subsection (a)(1) shall include--
(1) a requirement that the covered Secretaries, to the
maximum extent practicable, complete reviews, including second-
level reviews of a fire suppression cost share agreement, as
soon as practicable after a wildfire relating to the area
covered by such fire suppression cost share agreement is
contained; and
(2) a requirement that in completing such reviews, the
covered Secretaries consults with State and local fire
suppression organizations.
(d) Covered Secretaries Defined.--In this section, the term
``covered Secretaries'' means--
(1) the Secretary of Agriculture;
(2) the Secretary of the Interior;
(3) the Secretary of Homeland Security; and
(4) the Secretary of Defense.
SEC. 302. INVESTMENT OF CERTAIN FUNDS INTO INTEREST BEARING
OBLIGATIONS.
Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is
amended--
(1) by striking ``of any improvement, protection, or
rehabilitation'' and inserting ``of any assessment,
improvement, protection, restoration, or rehabilitation''; and
(2) by striking ``Provided, That'' and all that follows
through the period at the end and inserting: ``Provided, That
any monies covered into the Treasury under this section,
including all monies that were previously collected by the
United States in a forfeiture, judgment, compromise, or
settlement, shall be invested by the Secretary of the Treasury
in interest bearing obligations of the United States to the
extent the amounts are not, in the judgment of the Secretary of
the Treasury, required to meet current withdrawals: Provided
further, That any interest earned on the amounts, including any
interest earned by investment, is hereby appropriated and made
available until expended to cover the costs to the United
States specified in this section: Provided further, That, for
fiscal year 2021 and thereafter, the Secretary shall include in
the budget materials submitted to Congress in support of the
President's annual budget request (submitted to Congress
pursuant to section 1105 of title 31, United States Code) for
each fiscal year the proposed use of such amounts with respect
to the Forest Service: Provided further, That any portion of
the monies received or earned under this section in excess of
the amount expended in performing the work necessitated by the
action which led to their receipt may be used to cover the
other work specified in this section.''.
SEC. 303. STUDY ON CROP LOSSES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to the
agricultural committees a report that includes--
(1) as of the date of the report, an estimate of--
(A) agricultural losses due to adverse weather
events that have occurred in calendar year 2022;
(B) Emergency Relief Program funds spent for 2020
and 2021 losses;
(C) Emergency Livestock Relief Program funds spent
for 2021 losses;
(D) the number of new producers that have purchased
Federal crop insurance or coverage under the Noninsured
Crop Disaster Assistance Program under section 196 of
the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333) (including an overview of the
coverage levels purchased) as a result of receiving
assistance through--
(i) the Wildfire and Hurricane Indemnity
Program (WHIP) for losses in 2017; and
(ii) the Wildfire and Hurricane Indemnity
Program Plus (WHIP+) for losses in 2018 and
2019; and
(E) the number of producers who--
(i) newly purchased Federal crop insurance
or coverage under the Noninsured Crop Disaster
Assistance Program under section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333) as a result of
receiving assistance through--
(I) the Wildfire and Hurricane
Indemnity Program (WHIP) for losses in
2017; and
(II) the Wildfire and Hurricane
Indemnity Program Plus (WHIP+) for
losses in 2018; and
(ii) continued purchasing such insurance or
coverage after the two-year requirement
applicable to such producers; and
(2) with respect to calendar year 2022, the projected
agricultural losses due to adverse weather events in calendar
year 2022.
(b) Definitions.--In this section:
(1) Agricultural committees.--The term ``agricultural
committees'' means the Committee on Agriculture of the House of
Representatives, the Committee on Agriculture, Nutrition, and
Forestry of the Senate, and the subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies of the House of Representatives and the Senate.
(2) Agricultural losses.--The term ``agricultural losses''
means the losses described under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' in the Extending
Government Funding and Delivering Emergency Assistance Act
(Public Law 117-43) with respect to calendar year 2022.
SEC. 304. STUDY ON USE OF CH-47 CHINOOKS TO RESPOND TO WILDFIRES.
Not later 1 year after the date of the enactment of this Act, the
Secretary of Agriculture, the Secretary of the Interior, and the
Secretary of Homeland Security shall jointly submit to Congress a
report--
(1) on the feasibility and effectiveness of using CH-47
Chinooks with firefighting modifications to--
(A) respond to wildfires; and
(B) perform search and rescue activities; and
(2) that identifies the governmental organizations
(including Federal, State, and local government organizations)
that would be most effective with respect to using the aircraft
described in paragraph (1) to carry out the activities
specified in that paragraph.
DIVISION B--DROUGHT
TITLE I--DROUGHT RESPONSE AND CLIMATE RESILIENCE
SEC. 101. ADVANCING LARGE-SCALE WATER RECYCLING AND REUSE PROJECTS.
(a) Eligible Project.--Section 40905(c)(4) of the Infrastructure
Investment and Jobs Act (43 U.S.C. 3205(c)(4)) is amended to read as
follows:
``(4) is--
``(A) constructed, operated, and maintained by an
eligible entity; or
``(B) owned by an eligible entity; and''.
(b) Removal of Termination of Authority; Additional Authorization
of Appropriations.--Section 40905(k) of the Infrastructure Investment
and Jobs Act (43 U.S.C. 3205(k)) is amended to read as follows:
``(k) Authorization of Appropriations.--In addition to the amounts
made available under section 40901(4)(B) to carry out this section,
there is authorized to be appropriated to the Secretary $700,000,000 to
carry out this section, to remain available until expended.''.
(c) Applicability.--The amendments made by this section shall apply
to amounts appropriated on or after the date of the enactment of this
Act.
SEC. 102. SALTON SEA PROJECTS IMPROVEMENTS.
Section 1101 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575) is amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(2) by inserting after subsection (a) the following:
``(b) Additional Project Authorities.--
``(1) In general.--The Secretary, acting through the Bureau
of Reclamation, may provide grants and enter into contracts and
cooperative agreements to carry out projects located in the
area of the Salton Sea in Southern California to improve air
quality, fish and wildlife habitat, recreational opportunities,
and water quality, in partnership with--
``(A) State, Tribal, and local governments;
``(B) water districts;
``(C) joint powers authorities, including the
Salton Sea Authority;
``(D) nonprofit organizations; and
``(E) institutions of higher education.
``(2) Included activities.--The projects described in
paragraph (1) may include--
``(A) construction, operation, maintenance,
permitting, and design activities required for such
projects; and
``(B) dust suppression projects.''; and
(3) in subsection (e), as so redesignated, by striking
``$13,000,000'' and inserting ``$250,000,000''.
SEC. 103. NEAR-TERM ACTIONS TO PRESERVE COLORADO RIVER SYSTEM.
In addition to the amounts otherwise available and consistent with
contractual arrangements and applicable State and Federal law, there is
authorized to be appropriated to the Secretary of the Interior
$500,000,000, for the period of fiscal years 2023 through 2026, to use
available legal authorities to reduce the near-term likelihood of Lake
Mead and Lake Powell declining to critically low water elevations.
SEC. 104. WATERSMART ACCESS FOR TRIBES.
Section 9504(a)(3)(E)(i) of the Omnibus Public Land Management Act
of 2009 (42 U.S.C. 10364(a)(3)(E)(i)) is amended--
(1) in subclause (I), by striking ``subclause (II)'' and
inserting ``subclauses (II) and (III)''; and
(2) after subclause (II), by inserting the following:
``(III) Waiver; reduction.--With
respect to a grant or other agreement
entered into under paragraph (1)
between the Secretary and an Indian
tribe, the Secretary may reduce or
waive the non-Federal share (and
increase the Federal share accordingly)
of the cost of any infrastructure
improvement or activity that is the
subject of that grant or other
agreement if the Secretary determines
that meeting the cost-share requirement
presents a financial hardship for the
Indian tribe.''.
SEC. 105. RECLAMATION WATER SETTLEMENTS FUND.
Section 10501 of the Omnibus Public Land Management Act of 2009 (43
U.S.C. 407) is amended--
(1) in subsection (b)(1), by inserting ``and for fiscal
year 2033 and each fiscal year thereafter'' after ``For each of
fiscal years 2020 through 2029'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``for each of
fiscal years 2020 through 2034'' and inserting ``for
fiscal year 2020 and each fiscal year thereafter''; and
(B) in paragraph (3)(C), by striking ``for any
authorized use'' and all that follows through the
period at the end and inserting ``for any use
authorized under paragraph (2).''; and
(3) by striking subsection (f).
SEC. 106. BUREAU OF RECLAMATION TRIBAL CLEAN WATER ASSISTANCE.
(a) Rural Water Supply Program Reauthorization.--
(1) Authorization of appropriations.--Section 109(a) of the
Rural Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended
by striking ``2016'' and inserting ``2032''.
(2) Termination of authority.--Section 110 of the Rural
Water Supply Act of 2006 (43 U.S.C. 2409) is amended by
striking ``2016'' and inserting ``2032''.
(b) Bureau of Reclamation Rural Water Supply Program.--
(1) Definitions.--In this subsection:
(A) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(B) Reclamation state.--The term ``Reclamation
State'' means a State described in the first section of
the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388,
ch. 1093).
(C) Report.--The term ``Report'' means the most
recent annual report required to be submitted by the
Secretary of Health and Human Services to the President
under section 302(g) of the Indian Health Care
Improvement Act (25 U.S.C. 1632(g)).
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the
Commissioner of Reclamation.
(E) Tribal land.--The term ``Tribal land'' means--
(i) land located within the boundaries of--
(I) an Indian reservation, pueblo,
or rancheria; or
(II) a former reservation within
Oklahoma;
(ii) land not located within the boundaries
of an Indian reservation, pueblo, or rancheria,
title to which is held--
(I) in trust by the United States
for the benefit of an Indian Tribe or
an individual Indian;
(II) by an Indian Tribe or an
individual Indian, subject to
restriction against alienation under
laws of the United States; or
(III) by a dependent Indian
community;
(iii) land located within a region
established pursuant to section 7(a) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1606(a));
(iv) Hawaiian Home Lands (as defined in
section 801 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4221)); or
(v) an area or community designated by the
Assistant Secretary of Indian Affairs of the
Department of the Interior that is near,
adjacent, or contiguous to an Indian
reservation where financial assistance and
social service programs are provided to Indians
because of their status as Indians.
(2) Competitive grant program for tribal clean water access
projects.--
(A) Establishment.--In accordance with section 103
of the Rural Water Supply Act of 2006 (43 U.S.C. 2402),
the Secretary shall establish a competitive grant
program under which an Indian Tribe shall be eligible
to apply for a grant from the Secretary in an amount
not to exceed 100 percent of the cost of planning,
design, and construction of a project determined by the
Secretary to be eligible for funding under subparagraph
(B).
(B) Eligibility.--To be eligible for a grant under
subparagraph (A), a project shall--
(i) be carried out in a Reclamation State;
and
(ii) as determined by the Secretary--
(I) provide, increase, or enhance
access to safe drinking water for
communities and households on Tribal
land; or
(II) address public health and
safety concerns associated with access
to safe drinking water.
(C) Priority.--
(i) In general.--In awarding grants under
subparagraph (A), the Secretary, in
consultation with the Director of the Indian
Health Service, shall give priority to projects
that meet one or more of the following
criteria:
(I) Provides potable water supplies
to communities or households on Tribal
land that do not have access to running
water as of the date of the project
application.
(II) Addresses an urgent and
compelling public health or safety
concern relating to access to safe
drinking water for residents on Tribal
land.
(III) Addresses needs identified in
the Report.
(IV) Closer to being completed, or
farther along in planning, design, or
construction, as compared to other
projects being considered for funding.
(V) Takes advantage of the
experience and technical expertise of
the Bureau of Reclamation in the
planning, design, and construction of
rural water projects, particularly with
respect to a project that takes
advantage of economies of scale.
(VI) Takes advantage of local or
regional partnerships that complement
related efforts by Tribal, State, or
Federal agencies to enhance access to
drinking water or water sanitation
services on Tribal land.
(VII) Leverages the resources or
capabilities of other Tribal, State, or
Federal agencies to accelerate
planning, design, and construction.
(VIII) Provides multiple benefits,
including--
(aa) improved water supply
reliability;
(bb) public health
improvements;
(cc) ecosystem benefits;
(dd) groundwater management
and enhancements; and
(ee) water quality
improvements.
(ii) Consultation.--In prioritizing
projects for funding under clause (i), the
Secretary--
(I) shall consult with the Director
of the Indian Health Service; and
(II) may coordinate funding of
projects under this paragraph with the
Director of the Indian Health Service,
the Administrator of the Environmental
Protection Agency, the Secretary of
Agriculture, and the head of any other
Federal agency in any manner that the
Secretary determines would--
(aa) accelerate project
planning, design, or
construction; or
(bb) otherwise take
advantage of the capabilities
of, and resources potentially
available from, other Federal
sources.
(3) Funding.--
(A) In general.--In addition to amounts otherwise
available, there is authorized to be appropriated to
the Secretary $1,000,000,000 to carry out this
subsection, to remain available until expended.
(B) Administrative expenses; use of funds.--Of the
amounts authorized to be appropriated under
subparagraph (A), not more than 2 percent is authorized
to be appropriated for--
(i) the administration of the rural water
supply program established under section 103 of
the Rural Water Supply Act of 2006 (43 U.S.C.
2402); and
(ii) related management and staffing
expenses.
(c) Funding for Native American Affairs Technical Assistance
Program of the Bureau of Reclamation.--In addition to amounts otherwise
available, there is authorized to be appropriated to the Secretary
$90,000,000 for use, in accordance with section 201 of the Energy and
Water Development Appropriations Act, 2003 (43 U.S.C. 373d), for the
Native American Affairs Technical Assistance Program of the Bureau of
Reclamation, to remain available until expended.
SEC. 107. WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM.
(a) Conveyance of Title to Tribe.--Section 307(d)(2)(E) of the
White Mountain Apache Tribe Water Rights Quantification Act of 2010
(title III of Public Law 111-291; 124 Stat. 3082; 132 Stat. 1626) is
amended, in the matter preceding clause (i), by striking ``water
system--'' and all that follows through the period at the end of clause
(ii)(II), and inserting ``water system is substantially complete, as
determined by the Secretary in accordance with subsection (k).''.
(b) Requirements for Determination of Substantial Completion of the
WMAT Rural Water System.--Section 307 of the White Mountain Apache
Tribe Water Rights Quantification Act of 2010 (title III of Public Law
111-291; 124 Stat. 3080; 132 Stat. 1626) is amended by adding at the
end the following:
``(k) Requirements for Determination of Substantial Completion of
the WMAT Rural Water System.--The WMAT rural water system shall be
determined to be substantially complete if--
``(1) the infrastructure constructed is capable of storing,
diverting, treating, transmitting, and distributing a supply of
water as set forth in the final project design described in
subsection (c); or
``(2) the Secretary--
``(A) expended all of the available funding
provided to construct the WMAT rural water system; and
``(B) despite diligent efforts, cannot complete
construction as described in the final project design
described in subsection (c) due solely to the lack of
additional authorized funding.''.
(c) Enforceability Date.--
(1) In general.--Section 309(d) of the White Mountain
Apache Tribe Water Rights Quantification Act of 2010 (Public
Law 111-291; 124 Stat. 3088; 133 Stat. 2669) is amended--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (D)
through (G) as subparagraphs (E) through (H),
respectively; and
(ii) by inserting after subparagraph (C)
the following:
``(D) such amount, up to the amount made available
under section 312(e)(2), as the Secretary determines to
be necessary to construct the WMAT rural water system
that is capable of storing, diverting, treating,
transmitting, and distributing a supply of water as set
forth in the final project design described in section
307(c) has been deposited in the WMAT Cost Overrun
Subaccount;''; and
(B) in paragraph (2), by striking ``2023'' each
place it appears and inserting ``2025''.
(2) Conforming amendment.--Section 3(b)(2) of the White
Mountain Apache Tribe Rural Water System Loan Authorization Act
(Public Law 110-390; 122 Stat. 4191; 124 Stat. 3092; 133 Stat.
2669) is amended by striking ``beginning on'' and all that
follows through the period at the end and inserting ``beginning
on May 1, 2025.''.
(d) Requirement.--Section 310(b) of the White Mountain Apache Tribe
Water Rights Quantification Act of 2010 (title III of Public Law 111-
291; 124 Stat. 3090) is amended by adding at the end the following:
``(3) Expenditures.--If, before the enforceability date
under section 309(d), Federal funds are expended to carry out
activities identified in subparagraphs (A) or (C) of paragraph
(2) in excess of the amounts provided pursuant to the White
Mountain Apache Tribe Rural Water System Loan Authorization Act
(Public Law 110-390; 122 Stat. 4191), such expenditures shall
be accounted for as White Mountain Apache Tribe Water Rights
Settlement Subaccount funds.''.
(e) Cost Indexing.--Section 312(c) of the White Mountain Apache
Tribe Water Rights Quantification Act of 2010 (title III of Public Law
111-291; 124 Stat. 3095) is amended to read as follows:
``(c) Cost Indexing.--
``(1) White mountain apache tribe water rights settlement
subaccount.--All amounts made available under subsection (a)
shall be adjusted as necessary to reflect the changes made
since October 1, 2007, with respect to the construction cost
indices applicable to the types of construction involved in the
construction of the WMAT rural water system and the maintenance
of the WMAT rural water system.
``(2) WMAT settlement fund.--All amounts made available
under subsection (b)(2) shall be adjusted annually to reflect
the changes made since October 1, 2007, with respect to the
construction cost indices applicable to the types of
construction involved in the construction of the WMAT rural
water system and the maintenance of the WMAT rural water
system.
``(3) WMAT maintenance fund.--All amounts made available
under subsection (b)(3) shall be adjusted on deposit to reflect
the changes made since October 1, 2007, with respect to the
Consumer Price Index for All Urban Consumers West Urban 50,000
to 1,500,000 published by the Bureau of Labor Statistics.
``(4) WMAT cost overrun subaccount.--Of the amounts made
available under subsection (e)(2)--
``(A) $35,000,000 shall be adjusted as necessary to
reflect the changes made since October 1, 2007, with
respect to the construction cost indices applicable to
the types of construction involved in the construction
of the WMAT rural water system and the maintenance of
the WMAT rural water system; and
``(B) additional funds, in excess of the amount
referred to in subparagraph (A), shall be adjusted as
necessary to reflect the changes made since April 1,
2021, with respect to the construction cost indices
applicable to the types of construction involved in the
construction of the WMAT rural water system and the
maintenance of the WMAT rural water system.
``(5) Construction costs adjustment.--The amounts made
available under subsections (a), (b)(2), and (e)(2), shall be
adjusted to address construction cost changes necessary to
account for unforeseen market volatility that may not otherwise
be captured by engineering cost indices as determined by the
Secretary, including repricing applicable to the types of
construction and current industry standards involved.''.
(f) Funding.--Section 312(e)(2)(B) of the White Mountain Apache
Tribe Water Rights Quantification Act of 2010 (title III of Public Law
111-291; 124 Stat. 3095) is amended by striking ``$11,000,000'' and
inserting ``$541,000,000''.
(g) Return to Treasury.--
(1) In general.--Section 312(e)(4)(B) of the White Mountain
Apache Tribe Water Rights Quantification Act of 2010 (Public
Law 111-291; 124 Stat. 3096) is amended, in the matter
preceding clause (i), by striking ``shall be'' and all that
follows through ``subsection (b)(2)(C)'' and inserting ``shall
be returned to the general fund of the Treasury''.
(2) Conforming amendment.--Section 312(b)(2) of the White
Mountain Apache Tribe Water Rights Quantification Act of 2010
(Public Law 111-291; 124 Stat. 3093; 132 Stat. 1626) is amended
by striking subparagraph (B) and inserting the following:
``(B) Transfers to fund.--There is authorized to be
appropriated to the Secretary for deposit in the WMAT
Settlement Fund $78,500,000.''.
(h) Prohibition.--Section 312(e) of the White Mountain Apache Tribe
Water Rights Quantification Act of 2010 (title III of Public Law 111-
291; 124 Stat. 3096) is amended by adding at the end the following:
``(5) Prohibition.--Notwithstanding any other provision of
law, any amounts made available under paragraph (2)(B) shall
not be made available from the Indian Water Rights Settlement
Completion Fund established by section 70101 of the
Infrastructure Investment and Jobs Act (25 U.S.C. 149) or the
Reclamation Water Settlements Fund established by section
10501(a) of the Omnibus Public Land Management Act of 2009 (43
U.S.C. 407(a)) until 2034.''.
SEC. 108. DESALINATION RESEARCH AUTHORIZATION.
The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298) is amended--
(1) in section 3(e)--
(A) in paragraph (5), by striking ``and'';
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) to minimize the impacts of seawater desalination on
aquatic life and coastal ecosystems, including technologies to
monitor and reduce those impacts.''; and
(2) in section 8(a)--
(A) by striking ``$5,000,000 per year for fiscal
years 1997 through 2021'' and inserting ``$20,000,000
per year for fiscal years 2023 through 2027''; and
(B) by striking ``$1,000,000'' and inserting
``$15,000,000''.
SEC. 109. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Authorization of Appropriations.--Section 104(f)(1) of the
Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended
by striking ``$12,000,000 for each of fiscal years 2022 through 2025''
and inserting ``$14,000,000 for each of fiscal years 2023 through
2032''.
(b) Additional Appropriations Where Research Focused on Water
Problems of Interstate Nature.--Section 104(g)(1) of the Water
Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended by
striking ``$3,000,000 for each of fiscal years 2022 through 2025'' and
inserting ``$4,000,000 for each of fiscal years 2023 through 2032''.
(c) Grants.--Section 104(c) of the Water Resources Research Act of
1984 (42 U.S.C. 10303(c)) is amended by--
(1) redesignating paragraph (2) as paragraph (4); and
(2) inserting after paragraph (1) the following:
``(2) Allocation.--From the sums appropriated, the
Secretary shall allocate a minimum of--
``(A) 80 percent of the sums to base grants
consistent with subsection (f)(1); and
``(B) 20 percent of the sums to research focused on
water problems of interstate nature consistent with
subsection (g)(1).
``(3) Additional special projects.--Any sums Congress
delineates for specific topics and water priorities shall fall
under subsection (g)(1). All sums under subsection (g)(1),
including congressionally delineated sums for specific topics
and water priorities, shall not exceed 20 percent of the sums
appropriated for the Water Resources Research Act program.''.
SEC. 110. SALINE LAKE ECOSYSTEMS IN THE GREAT BASIN STATES ASSESSMENT
AND MONITORING PROGRAM.
(a) Definitions.--In this section:
(1) Program.--The term ``Program'' means the Saline Lake
Ecosystems in the Great Basin States Assessment and Monitoring
Program established under subsection (b).
(2) Coordinating entities.--The term ``coordinating
entities'' includes--
(A) Federal, State, Tribal, and local agencies;
(B) institutions of higher education;
(C) nonprofit organizations; and
(D) local stakeholders.
(3) Saline lake ecosystems.--The term ``saline lake
ecosystems'' means the ecosystems associated with the following
lakes:
(A) Lake Abert in Oregon.
(B) Eagle Lake in California.
(C) Franklin Lake in Nevada.
(D) Goose Lake in California and Oregon.
(E) Great Salt Lake in Utah.
(F) Harney Lake in Oregon.
(G) Honey Lake in California.
(H) Lahontan Valley wetlands, including Carson
Lake, Carson Sink, and Stillwater Marsh in Nevada.
(I) Malheur Lake in Oregon.
(J) Mono Lake in California.
(K) Owens Lake in California.
(L) Pyramid Lake in Nevada.
(M) Ruby Lake in Nevada.
(N) Sevier Lake in Utah.
(O) Silver Lake in Oregon.
(P) Summer Lake in Oregon.
(Q) Walker Lake in Nevada.
(R) Warner Lake in Oregon.
(S) Winnemucca Lake in Nevada.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(5) Work and implementation plan.--The term ``work and
implementation plan'' means the multiyear work and
implementation plan established under subsection (c)(1).
(b) Establishment.--The Secretary shall establish a program to be
known as the ``Saline Lake Ecosystems in the Great Basin States
Assessment and Monitoring Program'' to--
(1) assess and monitor the hydrology of saline lake
ecosystems and the migratory birds and other wildlife that
depend on saline lake ecosystems; and
(2) inform and support coordinated management and
conservation actions to benefit saline lake ecosystems,
migratory birds, and other wildlife.
(c) Work and Implementation Plan.--
(1) In general.--In carrying out the Program, the
Secretary, in coordination with the Director of the United
States Fish and Wildlife Service and coordinating entities,
shall establish a multiyear work and implementation plan to
assess, monitor, and conserve saline lake ecosystems and
migratory birds and other wildlife that depend on saline lake
ecosystems.
(2) Inclusions.--The work and implementation plan shall
include--
(A) a synthesis of available information,
literature, and data, and an assessment of scientific
and informational needs, relating to saline lake
ecosystems with respect to--
(i) water quantity, water quality, water
use, and water demand;
(ii) migratory bird and other wildlife
populations, habitats, and ecology;
(iii) annual lifecycle needs of migratory
birds; and
(iv) environmental changes and other
stressors, including climatic stressors;
(B) a description of how the work and
implementation plan will address the scientific and
informational needs described in subparagraph (A),
including monitoring activities, data infrastructure
needs, and development of tools necessary to implement
the Program;
(C) recommendations and a cost assessment for the
work and implementation plan; and
(D) other matters, as determined necessary by the
Secretary.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report describing the work and implementation plan.
(d) Implementation.--The Secretary shall implement the Program
based on the information, findings, and recommendations contained in
the work and implementation plan.
(e) Cooperative Agreements and Grants.--The Secretary may use funds
made available pursuant to subsection (g) to enter into cooperative
funding agreements with, or provide grants to, coordinating entities
for the purposes of--
(1) participating in developing, or providing information
to inform the development of, the work and implementation plan;
(2) carrying out assessments and monitoring of water
quality, quantity, use, and demand under the Program; and
(3) carrying out ecological, biological, and avian
assessments and monitoring under the Program.
(f) Effect.--The work and implementation plan shall not affect--
(1) any interstate water compacts in existence on the date
of the enactment of this Act, including full development of any
apportionment made in accordance with those compacts;
(2) valid and existing water rights in any State located
wholly or partially within the Great Basin;
(3) water rights held by the United States in the Great
Basin; or
(4) the management and operation of Bear Lake or Stewart
Dam, including the storage, management, and release of water.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $5,000,000 for each of fiscal years 2023
through 2027 to carry out the Program.
(h) Priority.--In carrying out the Program, the Secretary shall
give priority to the following saline lake ecosystems:
(1) Lake Abert in Oregon.
(2) Great Salt Lake in Utah.
(3) Lahontan Valley Wetlands, including Carson Sink, Carson
Lake, and Stillwater Marsh in Nevada.
(4) Ruby Lake in Nevada.
(5) Walker Lake in Nevada.
(6) Mono Lake in California.
(7) Owens Lake in California.
(8) Summer Lake in Oregon.
SEC. 111. EXTENSION OF AUTHORIZATIONS RELATED TO FISH RECOVERY
PROGRAMS.
Section 3 of Public Law 106-392 (114 Stat. 1603) is amended--
(1) by striking ``2023'' each place it appears and
inserting ``2024'';
(2) in subsection (b)(1), by striking ``$179,000,000'' and
inserting ``$184,000,000'';
(3) in subsection (b)(2), by striking ``$30,000,000'' and
inserting ``$25,000,000'';
(4) in subsection (h), by striking ``, at least 1 year
prior to such expiration,''; and
(5) in subsection (j), by striking ``2021'' each place it
appears and inserting ``2022''.
SEC. 112. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
Section 9503(f) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(f)) is amended by striking ``2023'' and inserting
``2033''.
SEC. 113. AUTHORIZATION OF APPROPRIATIONS FOR THE LAS VEGAS WASH
PROGRAM.
Section 529(b)(3) of the Water Resources Development Act of 2000
(114 Stat. 2658; 119 Stat. 2255; 125 Stat. 865) is amended by striking
``$30,000,000'' and inserting ``$55,000,000''.
SEC. 114. TERMINAL LAKES ASSISTANCE.
Section 2507(f) of the Farm Security and Rural Investment Act of
2002 (16 U.S.C. 3839bb-6(f)) is amended by striking ``2023'' and
inserting ``2025''.
SEC. 115. EXPEDITED MEASURES FOR DROUGHT RESPONSE.
(a) Expedited Program Implementation.--Section 40905(h) of the
Infrastructure Investment and Jobs Act (43 U.S.C. 3205(h); 135 Stat.
1124) is amended by striking ``Not later than 1 year after the date of
enactment of this Act'' and inserting ``Not later than August 31,
2022''.
(b) Establishment of Program.--Section 40907(b) of the
Infrastructure Investment and Jobs Act (43 U.S.C. 3207(b); 135 Stat.
1125) is amended by striking ``Not later than 1 year after the date of
enactment of this Act'' and inserting ``Not later than August 31,
2022''.
SEC. 116. WATER EFFICIENCY, CONSERVATION, AND SUSTAINABILITY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A State, local, or Tribal government, or any
special-purpose unit of such a government (including a
municipal water authority).
(B) A public water system.
(C) A nonprofit organization.
(3) Energy star program.--The term ``Energy Star program''
means the Energy Star program established by section 324A of
the Energy Policy and Conservation Act (42 U.S.C. 6294a).
(4) Low-income household.--The term ``low-income
household'' means a household that meets the income
qualifications established under--
(A) section 2605(b)(2) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2));
or
(B) the Low-Income Household Drinking Water and
Wastewater Emergency Assistance Program authorized by
section 533 of division H of the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat.
1627).
(5) Public water system.--The term ``public water system''
has the meaning given the term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
(6) Water efficiency incentive program.--The term ``water
efficiency incentive program'' means a program for providing
incentives, including direct installation services, to
residential, commercial, or industrial customers of a public
water system for the purchase, lease, installation, use, or
implementation, as applicable, of water-efficient upgrades.
(7) Water-efficient upgrade.--
(A) In general.--The term ``water-efficient
upgrade'' means a product, landscape, label, process,
or service for a residential, commercial, or industrial
building, or the landscape of such a building, that
is--
(i) rated for water efficiency and
performance under the WaterSense program or the
Energy Star program; or
(ii) otherwise determined by the
Administrator to improve water-use efficiency.
(B) Inclusions.--The term ``water-efficient
upgrade'' includes--
(i) a faucet;
(ii) a showerhead;
(iii) a dishwasher;
(iv) a toilet;
(v) a clothes washer;
(vi) an irrigation product or service;
(vii) advanced metering infrastructure;
(viii) a flow monitoring device;
(ix) a landscaping or gardening product,
including moisture control or water-enhancing
technology;
(x) xeriscaping, turf removal, or another
landscape conversion that reduces water use
(except for the installation of artificial
turf); and
(xi) any other product, landscape, process,
or service--
(I) certified pursuant to the
WaterSense program; or
(II) otherwise determined by the
Administrator to reduce water use or
water loss, including products rated
for water efficiency and performance
under the Energy Star program.
(8) Water loss control program.--The term ``water loss
control program'' means a program to identify and quantify
water uses and losses, implement controls to reduce or
eliminate losses and leaks, and evaluate the effectiveness of
such controls.
(9) Watersense program.--The term ``WaterSense program''
means the program established by section 324B of the Energy
Policy and Conservation Act (42 U.S.C. 6294b).
(b) Water Efficiency and Conservation Grant Program.--
(1) In general.--The Administrator shall establish a
program to award grants to eligible entities that have
established water efficiency incentive programs to carry out
those water efficiency incentive programs (referred to in this
subsection as the ``grant program'').
(2) Distribution.--In carrying out the grant program, the
Administrator shall award not less than 50 percent of the
amounts made available to carry out this subsection in each
fiscal year to eligible entities that service an area that--
(A) has been designated as D2 (severe drought) or
greater according to the United States Drought Monitor
for a minimum of 4 weeks during any of the 3 years
preceding the date of the grant award; or
(B) is within a county for which a drought
emergency has been declared by the applicable Governor
at any time during the 3-year period preceding the date
of the grant award.
(3) Grant amount.--
(A) In general.--Subject to subparagraph (B), a
grant awarded under the grant program shall be in an
amount that is not less than $250,000.
(B) Small public water systems.--The Administrator
may award a grant in an amount that is less than
$250,000 if the grant is awarded to, or for the benefit
of, a public water system that serves fewer than 10,000
customers.
(4) Use of funds.--An eligible entity receiving a grant
under the grant program shall--
(A) use grant funds to carry out a water efficiency
incentive program for customers of a public water
system; or
(B) provide grant funds to another eligible entity
to carry out a water efficiency incentive program
described in subparagraph (A).
(5) Minimum requirement.--An eligible entity receiving a
grant under the grant program shall use not less than 40
percent of the amount of the grant to provide water-efficient
upgrades to low-income households.
(6) Cost share.--
(A) In general.--Subject to subparagraph (B), the
Federal share of the cost of carrying out a water
efficiency incentive program using a grant awarded
under the grant program shall not exceed 80 percent.
(B) Waiver.--The Administrator may increase the
Federal share under subparagraph (A) to 100 percent if
the Administrator determines that an eligible entity is
unable to pay, or would experience significant
financial hardship if required to pay, the non-Federal
share.
(7) Supplement, not supplant.--Amounts provided under a
grant under the grant program shall be used to supplement, and
not supplant, other Federal, State, local, or Tribal funds made
available to carry out water efficiency incentive programs.
(8) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection $50,000,000
for each of fiscal years 2023 through 2028.
(B) Administrative costs.--Of the amounts
authorized to be appropriated under subparagraph (A)
each fiscal year, not more than 4 percent is authorized
to pay the administrative costs of the Administrator.
(c) Sustainable Water Loss Control Program.--
(1) Technical assistance and grant program.--The
Administrator shall establish and carry out a program (referred
to in this subsection as the ``program'')--
(A) to make grants and provide technical assistance
to eligible entities to perform annual audits of public
water systems that are--
(i) conducted in accordance with the
procedures contained in the manual published by
the American Water Works Association entitled
``M36 Water Audits and Loss Control Programs,
Fourth Edition'' (or any successor manual
determined appropriate by the Administrator);
and
(ii) validated under such criteria as may
be specified by the Administrator; and
(B) to make grants and provide technical assistance
to eligible entities--
(i) to implement controls to address real
water losses, apparent water losses, or a
combination of real and apparent water losses
that are identified in an audit conducted and
validated in accordance with the procedures and
criteria described in subparagraph (A); and
(ii) to help public water systems that have
conducted and validated such an audit establish
water loss control programs.
(2) Criteria.--In selecting eligible entities to receive
grants and technical assistance under the program, the
Administrator shall consider--
(A) whether the public water system that would be
served by the grants or technical assistance serves a
disadvantaged community (as defined in section
1452(d)(3) of the Safe Drinking Water Act (42 U.S.C.
300j-12(d)(3))); and
(B) the ability of the public water system that
would be served by the grants or technical assistance,
on completion of an audit conducted and validated in
accordance with the procedures and criteria described
in paragraph (1)(A)--
(i) to successfully sustain a water loss
control program; and
(ii) to demonstrate that the water loss
control program will reduce real water losses,
apparent water losses, or a combination of real
and apparent water losses from the public water
system.
(3) Annual water savings.--The Administrator shall--
(A) annually compile, by Environmental Protection
Agency region, information on the amount of water
savings achieved pursuant to this subsection; and
(B) publish on the website of the Administrator the
information compiled under subparagraph (A).
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection $40,000,000
for each of fiscal years 2023 through 2028, of which--
(i) $20,000,000 each fiscal year is
authorized to be appropriated to carry out
paragraph (1)(A); and
(ii) $20,000,000 each fiscal year is
authorized to be appropriated to carry out
paragraph (1)(B).
(B) Administrative costs.--Of the amounts
authorized to be appropriated under subparagraph (A)
for grants under the program each fiscal year, not more
than 4 percent is authorized to be appropriated for the
administrative costs of making such grants.
SEC. 117. SHORING UP ELECTRICITY GENERATION AND REDUCING EVAPORATION AT
BUREAU OF RECLAMATION FACILITIES.
(a) Assessment.--
(1) In general.--The Secretary of the Interior shall
conduct, in consultation with the Secretary of Energy, an
assessment of opportunities to install and maintain
photovoltaic solar panels (including floating solar panels) at
Bureau of Reclamation facilities.
(2) Contents.--The assessment conducted under paragraph (1)
shall--
(A) include a description of the economic,
environmental, and technical feasibility of installing
and maintaining, or contracting with third parties to
install and maintain, photovoltaic solar panels at
Bureau of Reclamation facilities;
(B) identify Bureau of Reclamation facilities with
a high potential for the installation and maintenance
of photovoltaic solar panels and whether such
installation and maintenance would require additional
authorization;
(C) account for potential impacts of photovoltaic
solar panels at Bureau of Reclamation facilities and
the authorized purposes of such facilities, including
potential impacts related to evaporation suppression,
energy yield, dam safety, recreation, water quality,
and fish and wildlife;
(D) account for potential damage to floating
photovoltaic solar panels from weather, water level
fluctuations, recreational co-use and other project
uses; and
(E) account for the availability of electric grid
infrastructure, including underutilized transmission
infrastructure.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress, and make
publicly available (including on a publicly available website), a
report containing the results of the assessment conducted under
subsection (a).
TITLE II--FUTURE WESTERN WATER AND DROUGHT RESILIENCY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Furthering Underutilized
Technologies and Unleashing Responsible Expenditures for Western Water
and Drought Resiliency Act'' or the ``FUTURE Western Water and Drought
Resiliency Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Reclamation state.--The term ``Reclamation State''
means a State or territory described in the first section of
the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C.
391).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, unless otherwise defined in a particular
provision.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
Subtitle A--Assistance for Projects With Fastest Construction Timelines
SEC. 211. WATER RECYCLING AND REUSE PROJECTS.
(a) Short Title.--This section may be cited as the ``Water
Recycling Investment and Improvement Act''.
(b) Funding Priority.--Section 1602(f) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (title XVI of
Public Law 102-575; 43 U.S.C. 390h et seq.) is amended by striking
paragraphs (2) and (3) and inserting the following:
``(2) Priority.--When funding projects under paragraph (1),
the Secretary shall give funding priority to projects that meet
one or more of the following criteria:
``(A) Projects that are likely to provide a more
reliable water supply for States and local governments.
``(B) Projects that are likely to increase the
water management flexibility and reduce impacts on
environmental resources from projects operated by
Federal and State agencies.
``(C) Projects that are regional in nature.
``(D) Projects with multiple stakeholders.
``(E) Projects that provide multiple benefits,
including water supply reliability, eco-system
benefits, groundwater management and enhancements, and
water quality improvements.''.
(c) Limitation on Funding.--Section 1631(d) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)) is amended by striking ``$20,000,000 (October 1996 prices)'' and
inserting ``$50,000,000 (July 2022 prices)''.
(d) Authorization of Appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated
$600,000,000 to remain available until expended for water recycling and
reuse projects authorized in accordance with the Reclamation Wastewater
and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) that
are--
(1) authorized or approved for construction funding by an
Act of Congress; or
(2) selected for funding under the competitive grant
program authorized under section 1602(f) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (43 U.S.C.
390h(f)), with funding under this section to be provided in
accordance with that section, notwithstanding section 4013 of
the Water Infrastructure Improvements for the Nation Act (43
U.S.C. 390b note; Public Law 114-322), except that section
1602(g)(2) of the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h(g)(2)) shall not apply to
amounts made available under this section.
SEC. 212. DESALINATION PROJECT DEVELOPMENT.
(a) Short Title.--This section may be cited as the ``Desalination
Development Act''.
(b) Desalination Projects Authorization.--Section 4(a) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended by striking paragraph (2) and inserting the following:
``(2) Projects.--
``(A) Definition of eligible desalination
project.--In this paragraph, the term `eligible
desalination project' means any project located in a
Reclamation State that--
``(i) involves an ocean or brackish water
desalination facility--
``(I) constructed, operated, and
maintained by a State, Indian Tribe,
irrigation district, water district, or
other organization with water or power
delivery authority; or
``(II) sponsored or funded by any
State, department of a State,
subdivision of a State, or public
agency organized pursuant to State law,
including--
``(aa) direct sponsorship
or funding; or
``(bb) indirect sponsorship
or funding, such as by paying
for the water provided by the
facility;
``(ii) provides a Federal benefit in
accordance with the reclamation laws; and
``(iii) is consistent with all applicable
State and Federal resource protection laws,
including the protection of marine protected
areas.
``(B) Definition of designated desalination
project.--The term `designated desalination project'
means an eligible desalination project that--
``(i) is an ocean desalination project that
uses a subsurface intake;
``(ii) has a total estimated cost of
$80,000,000 or less; and
``(iii) is designed to serve a community or
group of communities that collectively import
more than 75 percent of their water supplies.
``(C) Cost-sharing requirement.--
``(i) In general.--Subject to the
requirements of this paragraph, the Federal
share of an eligible desalination project
carried out under this subsection shall be--
``(I) not more than 25 percent of
the total cost of the eligible
desalination project; or
``(II) in the case of a designated
desalination project, the applicable
percentage determined in accordance
with clause (ii).
``(ii) Cost-sharing requirement for
construction costs.--In the case of a
designated desalination project carried out
under this subsection, the Federal share of the
cost of construction of the designated
desalination project shall not exceed the
greater of--
``(I) 35 percent of the total cost
of construction, up to a Federal cost
of $20,000,000; or
``(II) 25 percent of the total cost
of construction.
``(D) State role.--The Secretary shall not
participate in an eligible desalination project under
this paragraph unless--
``(i)(I) the eligible desalination project
is included in a State-approved plan; or
``(II) the participation has been requested
by the Governor of the State in which the
eligible desalination project is located; and
``(ii) the State or local sponsor of the
eligible desalination project determines, and
the Secretary concurs, that--
``(I) the eligible desalination
project--
``(aa) is technically and
financially feasible;
``(bb) provides a Federal
benefit in accordance with the
reclamation laws; and
``(cc) is consistent with
applicable State laws, State
regulations, State coastal zone
management plans, and other
State plans such as
California's Water Quality
Control Plan for the Ocean
Waters in California;
``(II) sufficient non-Federal
funding is available to complete the
eligible desalination project; and
``(III) the eligible desalination
project sponsors are financially
solvent; and
``(iii) the Secretary submits to Congress a
written notification of the determinations
under clause (ii) by not later than 30 days
after the date of the determinations.
``(E) Environmental laws.--In participating in an
eligible desalination project under this paragraph, the
Secretary shall comply with all applicable
environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and State laws implementing the Coastal Zone
Management Act.
``(F) Information.--In participating in an eligible
desalination project under this subsection, the
Secretary--
``(i) may rely on reports prepared by the
sponsor of the eligible desalination project,
including feasibility or equivalent studies,
environmental analyses, and other pertinent
reports and analyses; but
``(ii) shall retain responsibility for
making the independent determinations described
in subparagraph (D).
``(G) Funding.--
``(i) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this paragraph $260,000,000 for the period
of fiscal years 2023 through 2027.
``(ii) Congressional approval initially
required.--
``(I) In general.--Each initial
award under this paragraph for design
and study or for construction of an
eligible desalination project shall be
approved by an Act of Congress.
``(II) Reclamation
recommendations.--The Commissioner of
Reclamation shall submit
recommendations regarding the initial
award of preconstruction and
construction funding for consideration
under subclause (I) to--
``(aa) the Committee on
Appropriations of the Senate;
``(bb) the Committee on
Energy and Natural Resources of
the Senate;
``(cc) the Committee on
Appropriations of the House of
Representatives; and
``(dd) the Committee on
Natural Resources of the House
of Representatives.
``(iii) Subsequent funding awards.--After
approval by Congress of an initial award of
preconstruction or construction funding for an
eligible desalination project under clause
(ii), the Commissioner of Reclamation may award
additional preconstruction or construction
funding, respectively, for the eligible
desalination project without further
congressional approval.''.
(c) Prioritization for Projects.--Section 4 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended by striking subsection (c) and inserting the following:
``(c) Prioritization.--In carrying out demonstration and
development activities under this section, the Secretary and the
Commissioner of Reclamation shall each prioritize projects--
``(1) for the benefit of drought-stricken States and
communities;
``(2) for the benefit of States that have authorized
funding for research and development of desalination
technologies and projects;
``(3) that demonstrably reduce a reliance on imported water
supplies that have an impact on species listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(4) that, in a measurable and verifiable manner, reduce a
reliance on imported water supplies from imperiled ecosystems
such as the Sacramento-San Joaquin River Delta;
``(5) that demonstrably leverage the experience of
international partners with considerable expertise in
desalination, such as the State of Israel;
``(6) that maximize use of renewable energy to power
desalination facilities;
``(7) that maximize energy efficiency so that the lifecycle
energy demands of desalination are minimized;
``(8) located in regions that have employed strategies to
increase water conservation and the capture and recycling of
wastewater and stormwater; and
``(9) that meet the following criteria, if they are ocean
desalination facilities--
``(A) use a subsurface intake or, if a subsurface
intake is not technologically feasible, an intake that
uses the best available site, design, technology, and
mitigation measures to minimize the mortality of all
forms of marine life and impacts to coastal dependent
resources;
``(B) are sited and designed to ensure that the
disposal of wastewaters including brine from the
desalination process--
``(i) are not discharged to impaired bodies
of water or State or Federal Marine Protected
Areas; and
``(ii) achieve ambient salinity levels
within a reasonable distance from the discharge
point;
``(C) are sited, designed, and operated in a manner
that maintains indigenous marine life and a healthy and
diverse marine community;
``(D) do not cause significant unmitigated harm to
aquatic life; and
``(E) include a construction and operation plan
designed to minimize loss of coastal habitat and
aesthetic, noise, and air quality impacts.''.
(d) Recommendations to Congress.--In determining project
recommendations to Congress under section 4(a)(2)(G)(ii)(II) of the
Water Desalination Act of 1996, the Commissioner of Reclamation shall
establish a priority scoring system that assigns priority scores to
each project evaluated based on the prioritization criteria of section
4(c) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298).
SEC. 213. ASSISTANCE FOR DISADVANTAGED COMMUNITIES WITHOUT ADEQUATE
DRINKING WATER.
(a) In General.--The Secretary shall provide grants within the
Reclamation States to assist eligible applicants in planning,
designing, or carrying out projects to help disadvantaged communities
address a significant decline in the quantity or quality of drinking
water.
(b) Eligible Applicants.--To be eligible to receive a grant under
this section, an applicant shall submit an application to the Secretary
that includes a proposal of the project or activity in subsection (c)
to be planned, designed, constructed, or implemented, the service area
of which--
(1) is not located in a city or town with a population of
more than 60,000 residents; and
(2) has a median household income of less than 100 percent
of the nonmetropolitan median household income of the State.
(c) Eligible Projects.--Projects eligible for grants under this
program may be used for--
(1) emergency water supplies;
(2) distributed treatment facilities;
(3) construction of new wells and connections to existing
water source systems;
(4) water distribution facilities;
(5) connection fees to existing systems;
(6) assistance to households to connect to water
facilities;
(7) local resource sharing, including voluntary agreements
between water systems to jointly contract for services or
equipment, or to study or implement the physical consolidation
of two or more water systems;
(8) technical assistance, planning, and design for any of
the activities described in paragraphs (1) through (7); or
(9) any combination of activities described in paragraphs
(1) through (8).
(d) Prioritization.--In determining priorities for funding
projects, the Secretary shall take into consideration--
(1) where the decline in the quantity or quality of water
poses the greatest threat to public health and safety;
(2) the degree to which the project provides a long-term
solution to the water needs of the community; and
(3) whether the applicant has the ability to qualify for
alternative funding sources.
(e) Maximum Amount.--The amount of a grant provided under this
section may be up to 100 percent of costs, including--
(1) initial operation costs incurred for startup and
testing of project facilities;
(2) costs of components to ensure such facilities and
components are properly operational; and
(3) costs of operation or maintenance incurred subsequent
to placing the facilities or components into service.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000, to remain
available until expended.
(g) Coordination Required.--In carrying out this section, the
Secretary shall consult with the Secretary of Agriculture and the
Administrator of the Environmental Protection Agency to identify
opportunities to improve the efficiency, effectiveness, and impact of
activities carried out under this section to help disadvantaged
communities address a significant decline in the quantity or quality of
drinking water.
Subtitle B--Improved Water Technology and Data
SEC. 221. X-PRIZE FOR WATER TECHNOLOGY BREAKTHROUGHS.
(a) Definitions.--In this section:
(1) Board.--The term ``board'' means the board established
under subsection (c).
(2) Eligible person.--The term ``eligible person'' means--
(A) an individual who is--
(i) a citizen or legal resident of the
United States; or
(ii) a member of a group that includes
citizens or legal residents of the United
States;
(B) an entity that is incorporated and maintains
its primary place of business in the United States; or
(C) a public water agency.
(3) Financial award competition.--The term ``financial
award competition'' means the award competition under
subsection (d)(1).
(4) Program.--The term ``program'' means the program
established under subsection (b).
(b) Water Technology Award Program Established.--The Secretary,
working through the Bureau of Reclamation, and in coordination with the
Secretary of Energy, shall establish a program to award prizes to
eligible persons for achievement in one or more of the following
applications of water technology:
(1) Demonstration of wastewater and industrial process
water purification for reuse or desalination of brackish water
or seawater with significantly less energy than current
municipally and commercially adopted technologies.
(2) Demonstration of portable or modular desalination units
that can process 1 to 5,000,000 gallons per day that could be
deployed for temporary emergency uses in coastal communities or
communities with brackish groundwater supplies.
(3) Demonstration of significant advantages over current
municipally and commercially adopted reverse osmosis
technologies as determined by the board established under
subsection (c).
(4) Demonstration of significant improvements in the
recovery of residual or waste energy from the desalination
process.
(5) Reducing open water evaporation.
(c) Establishment of Board.--
(1) In general.--The Secretary shall establish a board to
administer the program.
(2) Membership.--The board shall be composed of not less
than 15 and not more than 21 members appointed by the
Secretary, of whom not less than 2 shall--
(A) be a representative of the interests of public
water districts or other public organizations with
water delivery authority;
(B) be a representative of the interests of
academic organizations with expertise in the field of
water technology, including desalination or water
reuse;
(C) be representative of a non-profit conservation
organization;
(D) have expertise in administering award
competitions; and
(E) be a representative of the Bureau of
Reclamation of the Department of the Interior with
expertise in the deployment of desalination or water
reuse.
(d) Awards.--Subject to the availability of appropriations, the
board may make the following awards:
(1) Financial prize.--A financial award given through a
competition in an amount determined before the commencement of
the competition to the first competitor to meet such criteria
as the board shall establish.
(2) Recognition prize.--A non-monetary award, through which
the board recognizes an eligible person for superlative
achievement in 1 or more applications described in subsection
(a). An award under this paragraph shall not include any
financial remuneration.
(e) Administration.--
(1) Contracting.--The board may contract with a private
organization to administer a financial award competition
described in subsection (d)(1).
(2) Solicitation of funds.--A member of the board or any
administering organization with which the board has a contract
under paragraph (1) may solicit gifts from private and public
entities to be used for a financial award competition.
(3) Limitation on participation of donors.--The board may
allow a donor who is a private person described in paragraph
(2) to participate in the determination of criteria for an
award under subsection (d), but such donor may not solely
determine the criteria for such award.
(4) No advantage for donation.--A donor who is a private
person described in paragraph (3) shall not be entitled to any
special consideration or advantage with respect to
participation in a financial award competition.
(f) Intellectual Property.--The Federal Government may not acquire
an intellectual property right in any product or idea by virtue of the
submission of such product or idea in the financial award competition.
(g) Liability.--The board may require a competitor in a financial
award competition to waive liability against the Federal Government for
injuries and damages that result from participation in such
competition.
(h) Annual Report.--Each year, the board shall submit to the
relevant committees of Congress a report on the program.
(i) Authorization of Appropriations.--There are authorized to be
appropriated sums for the program as follows:
(1) For administration of the awards under subsection (d),
$750,000 for each fiscal year through fiscal year 2027, to
remain available until expended.
(2) For the financial prize award under subsection (d)(1),
in addition to any amounts received under subsection (e)(2),
$5,000,000 for each fiscal year through fiscal year 2027, to
remain available until expended.
SEC. 222. WATER TECHNOLOGY INVESTMENT PROGRAM ESTABLISHED.
(a) In General.--The Secretary, acting through the Bureau of
Reclamation, shall establish a program, pursuant to the Reclamation
Wastewater and Groundwater Study and Facilities Act (Public Law 102-
575, title XVI), the Water Desalination Act of 1996 (Public Law 104-
298), and other applicable laws, to promote the expanded use of
technology for improving availability and resiliency of water supplies
and power deliveries, which shall include investments to enable
expanded and accelerated--
(1) deployment of desalination technology; and
(2) use of recycled water.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each fiscal year through fiscal year 2027
for the Secretary to carry out the purposes and provisions of this
section.
SEC. 223. FEDERAL PRIORITY STREAMGAGES.
(a) Federal Priority Streamgages.--The Secretary shall make every
reasonable effort to make operational all streamgages identified as
Federal Priority Streamgages by the United States Geological Survey not
later than 10 years after the date of the enactment of this Act.
(b) Collaboration With States.--The Secretary shall, to the maximum
extent practicable, seek to leverage Federal investments in Federal
Priority Streamgages through collaborative partnerships with States and
local agencies that invest non-Federal funds to maintain and enhance
streamgage networks to improve both environmental quality and water
supply reliability.
(c) Authorization of Appropriations.--In addition to amounts
otherwise available, there is authorized to be appropriated
$150,000,000 to the Secretary to carry out this section, to remain
available until expended.
Subtitle C--Drought Response and Preparedness for Ecosystems
SEC. 231. AQUATIC ECOSYSTEM RESTORATION PROGRAM.
In addition to amounts otherwise available, there is authorized to
be appropriated $150,000,000 to remain available until expended for
design, study, and construction of aquatic ecosystem restoration and
protection projects in accordance with section 1109 of division FF of
the Consolidated Appropriations Act, 2021 (Public Law 116-260).
SEC. 232. WATERSHED HEALTH PROGRAM.
In addition to amounts otherwise available, there is authorized to
be appropriated $200,000,000 to carry out section 40907 of the
Infrastructure Investment and Jobs Act (43 U.S.C. 3207), to remain
available until expended.
SEC. 233. WATERBIRD HABITAT CREATION PROGRAM.
(a) Authorization of Habitat Creation Program.--The Secretary shall
establish a program to incentivize farmers to keep fields flooded
during appropriate time periods for the purposes of waterbird habitat
creation and maintenance, including waterfowl and shorebird habitat
creation and maintenance, provided that--
(1) such incentives may not exceed $3,500,000 annually,
either directly or through credits against other contractual
payment obligations;
(2) the holder of a water contract receiving payments under
this section pass such payments through to farmers
participating in the program, less reasonable contractor costs,
if any; and
(3) the Secretary determines that habitat creation
activities receiving financial support under this section will
create new habitat that is not likely to be created without the
financial incentives provided under this section.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,500,000 for each fiscal year through
fiscal year 2027 to carry out this section, to remain available until
expended.
(c) Report.--Not later than October 1, 2023, and every 2 years
thereafter, the Secretary shall submit to Congress a report summarizing
the environmental performance of activities that are receiving, or have
received, assistance under the program authorized by this section.
SEC. 234. SUPPORT FOR REFUGE WATER DELIVERIES.
(a) Report on Historic Refuge Water Deliveries.--Not later than 90
days after the date of the enactment of this Act, the Secretary shall
submit to the relevant committees of Congress and make publicly
available a report that describes the following:
(1) Compliance with section 3406(d)(1) and section
3406(d)(2) of the Central Valley Project Improvement Act (title
XXXIV of Public Law 102-575) in each of years 1992 through
2018, including an indication of the amount of water identified
as the Level 2 amount and incremental Level 4 amount for each
wetland area.
(2) The difference between the mandated quantity of water
to be delivered to each wetland habitat area described in
section 3406(d)(2) and the actual quantity of water delivered
since October 30, 1992, including a listing of every year in
which the full delivery of water to wetland habitat areas was
achieved in accordance with Level 4 of the ``Dependable Water
Supply Needs'' table, described in section 3406(d)(2) of the
Central Valley Project Improvement Act (title XXXIV of Public
Law 102-575).
(3) Which of the authorities granted to the Secretary under
Public Law 102-575 to achieve the full Level 4 deliveries of
water to wetland habitat areas was employed in achieving the
increment of water delivery above the Level 2 amount for each
wetland habitat area, including whether water conservation,
conjunctive use, water purchases, water leases, donations,
water banking, or other authorized activities have been used
and the extent to which such authorities have been used.
(4) An assessment of the degree to which the elimination of
water transaction fees for the donation of water rights to
wildlife refuges would help advance the goals of the Central
Valley Project Improvement Act (title XXXIV of Public Law 102-
575).
(b) Priority Construction List.--The Secretary shall establish,
through a public process and in consultation with the Interagency
Refuge Water Management Team, a priority list for the completion of the
conveyance construction projects at the wildlife habitat areas
described in section 3406(d)(2) of the Central Valley Project
Improvement Act (title XXXIV of Public Law 102-575), including the
Mendota Wildlife Area, Pixley National Wildlife Refuge and Sutter
National Wildlife Refuge.
(c) Ecological Monitoring and Evaluation Program.--Not later than 1
year after the date of the enactment of this Act, the Secretary, acting
through the Director of the United States Fish and Wildlife Service,
shall design and implement an ecological monitoring and evaluation
program, for all Central Valley wildlife refuges, that produces an
annual report based on existing and newly collected information,
including--
(1) the United States Fish and Wildlife Service Animal
Health Lab disease reports;
(2) mid-winter waterfowl inventories;
(3) nesting and brood surveys;
(4) additional data collected regularly by the refuges,
such as herptile distribution and abundance;
(5) a new coordinated systemwide monitoring effort for at
least one key migrant species and two resident species listed
as threatened and endangered pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) (including one warm-
blooded and one cold-blooded), that identifies population
numbers and survival rates for the 3 previous years; and
(6) an estimate of the bioenergetic food production
benefits to migrant waterfowl, consistent with the methodology
used by the Central Valley Joint Venture, to compliment and
inform the Central Valley Joint Venture implementation plan.
(d) Adequate Staffing for Refuge Water Delivery Objectives.--The
Secretary shall ensure that adequate staffing is provided to advance
the refuge water supply delivery objectives under the Central Valley
Project Improvement Act (title XXXIV of Public Law 102-575).
(e) Funding.--There is authorized to be appropriated $25,000,000 to
carry out subsections (a) through (d), which shall remain available
until expended.
(f) Effect on Other Funds.--Amounts authorized under this section
shall be in addition to amounts collected or appropriated under the
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575).
SEC. 235. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT
FISHERIES.
(a) Definitions.--In this section:
(1) Critically important fisheries.--The term ``critically
important fisheries'' means--
(A) commercially and recreationally important
fisheries located within the Reclamation States;
(B) fisheries containing fish species that are
listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
within the Reclamation States; or
(C) fisheries used by Indian Tribes within the
Reclamation States for ceremonial, subsistence, or
commercial purposes.
(2) Qualified tribal government.--The term ``qualified
Tribal Government'' means any government of an Indian Tribe
that the Secretary determines--
(A) is involved in fishery management and recovery
activities including under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.); or
(B) has the management and organizational
capability to maximize the benefits of assistance
provided under this section.
(b) Drought Plan for Critically Important Fisheries.--Not later
than January 1, 2024, and every three years thereafter, the Secretary,
acting through the Director of the United States Fish and Wildlife
Service shall, in consultation with the National Marine Fisheries
Service, the Bureau of Reclamation, the Army Corps of Engineers, State
fish and wildlife agencies, and affected Indian Tribes, prepare a plan
to sustain the survival of critically important fisheries within the
Reclamation States during periods of extended drought. The plan shall
focus on actions that can aid the survival of critically important
fisheries during the driest years. In preparing such plan, the Director
shall consider--
(1) habitat restoration efforts designed to provide drought
refugia and increased fisheries resilience during droughts;
(2) relocating the release location and timing of hatchery
fish to avoid predation and temperature impacts;
(3) barging of hatchery release fish to improve survival
and reduce straying;
(4) coordination with water users, the Bureau of
Reclamation, State fish and wildlife agencies, and interested
public water agencies regarding voluntary water transfers,
including through groundwater substitution activities, to
determine if water releases can be collaboratively managed in a
way that provides additional benefits for critically important
fisheries without negatively impacting wildlife habitat;
(5) hatchery management modifications, such as expanding
hatchery production of fish during the driest years, if
appropriate for a particular river basin;
(6) hatchery retrofit projects, such as the installation
and operation of filtration equipment and chillers, to reduce
disease outbreaks, egg mortality and other impacts of droughts
and high water temperatures;
(7) increasing rescue operations of upstream migrating
fish;
(8) improving temperature modeling and related forecasted
information to predict water management impacts to the habitat
of critically important fisheries with a higher degree of
accuracy than current models;
(9) testing the potential for parentage-based tagging and
other genetic testing technologies to improve the management of
hatcheries;
(10) programs to reduce predation losses at artificially
created predation hot spots; and
(11) retrofitting existing water facilities to provide
improved temperature conditions for fish.
(c) Public Comment.--The Director of the United States Fish and
Wildlife Service shall provide for a public comment period of not less
than 90 days before finalizing a plan under subsection (b).
(d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated $25,000,000 for the United
States Fish and Wildlife Service for fiscal year 2023 for fish, stream,
and hatchery activities related to fish recovery efforts, including
work with the National Marine Fisheries Service, the Bureau of
Reclamation, the Army Corps of Engineers, State fish and wildlife
agencies, or a qualified Tribal Government.
(e) Effect.--Nothing in this section is intended to expand,
diminish, or affect any obligation under Federal or State environmental
law.
SEC. 236. REAUTHORIZATION OF THE FISHERIES RESTORATION AND IRRIGATION
MITIGATION ACT OF 2000.
Section 10(a) of the Fisheries Restoration and Irrigation
Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is
amended by striking ``$15 million through 2021'' and inserting
``$25,000,000 through 2028''.
SEC. 237. SUSTAINING BIODIVERSITY DURING DROUGHTS.
Section 9503(b) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(b)) is amended--
(1) in paragraph (3)(D), by inserting ``and native
biodiversity'' after ``wildlife habitat''; and
(2) in paragraph (4)(B), by inserting ``and drought
biodiversity plans to address sustaining native biodiversity
during periods of drought'' after ``restoration plans''.
SEC. 238. WATER RESOURCE EDUCATION.
(a) General Authority.--In accordance with this section, the
Secretary may enter into a cooperative agreement or contract or provide
financial assistance in the form of a grant, to support activities
related to education on water resources.
(b) Eligible Activities.--The Secretary may enter into a
cooperative agreement or contract or provide financial assistance for
activities that improve water resources education, including through
tours, publications or other activities that--
(1) disseminate information on water resources via
educational tools, materials or programs;
(2) publish relevant information on water resource issues,
including environmental and ecological conditions;
(3) advance projects that improve public understanding of
water resource issues or management challenges, including
education on drought, drought awareness, and drought
resiliency;
(4) provide training or related education for teachers,
faculty, or related personnel, including in a specific
geographic area or region; or
(5) enable tours, conferences, or other activities to
foster cooperation in addressing water resources or management
challenges, including cooperation relating to water resources
shared by the United States and Canada or Mexico.
(c) Grant Priority.--In making grants under this section, the
Secretary shall give priority to activities that--
(1) provide training for the professional development of
legal and technical experts in the field of water resources
management; or
(2) help educate the public, teachers or key stakeholders
on--
(A) a new or significantly improved water resource
management practice, method, or technique;
(B) the existence of a water resource management
practice, method, or technique that may have wide
application;
(C) a water resource management practice, method,
or technique related to a scientific field or skill
identified as a priority by the Secretary; or
(D) general water resource issues or management
challenges, including as part of a science curricula in
elementary or secondary education setting.
TITLE III--OPEN ACCESS EVAPOTRANSPIRATION DATA
SEC. 301. SHORT TITLE.
This title may be cited as the ``Open Access Evapotranspiration
Data Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Evapotranspiration.--The term ``evapotranspiration'' or
``ET'' means the process by which water is transferred from the
land to the atmosphere by--
(A) evaporation from soil and other surfaces; and
(B) transpiration from plants.
(2) Program.--The term ``Program'' means the Open Access
Evapotranspiration (OpenET) Data Program established under
section 304(a).
(3) Program partner.--The term ``Program partner'' means--
(A) an institution of higher education;
(B) a State (including a State agency);
(C) an Indian Tribe as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304);
(D) a private sector entity;
(E) a nongovernmental organization; or
(F) any other entity determined to be appropriate
by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
SEC. 303. FINDINGS.
Congress finds that--
(1) evapotranspiration is the second largest component of
the water budget, which is an accounting of the allocation of
water resources to various water uses;
(2) evapotranspiration is a measure of the water that is
consumed and lost from a water system, removed from available
supplies, and unavailable for other uses within a watershed;
(3) accurate information on evapotranspiration is required
to balance water supply and water demand in a watershed and
ensure that adequate water supplies for beneficial uses are
available over time;
(4) water users and managers are impeded in more efficient
decision making by--
(A) the lack of consistent and comprehensive water
use data; and
(B) the fact that access to existing data is often
limited and cost-prohibitive; and
(5) evapotranspiration data may be applied for the purposes
of--
(A) assisting users and decisionmakers to better
manage resources and protect financial viability of
farm operations during drought;
(B) developing more accurate water budgets and
innovative management programs to better promote
conservation and sustainability efforts; and
(C) employing greater groundwater management
practices and understanding impacts of consumptive
water use.
SEC. 304. OPEN ACCESS EVAPOTRANSPIRATION (OPENET) DATA PROGRAM.
(a) Establishment.--The Secretary shall establish a program to be
known as the ``Open Access Evapotranspiration (OpenET) Data Program''
under which the Secretary shall provide for the delivery of satellite-
based evapotranspiration data, as available, supported by other ET
methods--
(1) to advance the quantification of evaporation and
consumptive water use; and
(2) to provide data users with estimates of
evapotranspiration data across large landscapes over certain
periods of time, with a priority for Landsat scale (30-100m)
when available.
(b) Purpose.--The purpose of the Program is to support the
operational distribution of satellite-based evapotranspiration data
generated under the Program to sustain and enhance water resources in
the United States.
(c) Duties.--In carrying out the Program, the Secretary shall--
(1) evaluate, use, and modify sources of satellite-based
evapotranspiration data, supported by other ET methods, based
on best available science and technologies; and
(2) coordinate and consult with--
(A) the heads of other relevant Federal agencies,
including--
(i) the Commissioner of Reclamation;
(ii) the Administrator of the National
Aeronautics and Space Administration;
(iii) the Administrator of the National
Oceanic and Atmospheric Administration;
(iv) the Administrator of the Agricultural
Research Service; and
(v) the Chief of the Natural Resources
Conservation Service; and
(B) Program partners.
(d) Components.--In carrying out the Program, the Secretary shall,
in coordination with other relevant agencies, carry out activities to
develop, maintain, establish, expand, or advance delivery of satellite-
based evapotranspiration data, supported by other ET methods, to
advance the quantification of evaporation and consumptive water use,
with an emphasis on carrying out activities that--
(1) support the development and maintenance of
evapotranspiration data and software systems and associated
research and development in a manner that ensures that Program
data are reflective of the best available science, including by
providing support to Program partners, or coordinating
activities with other programs within the Department of the
Interior, that have developed and are maintaining
evapotranspiration software systems and datasets;
(2) demonstrate or test new and existing evapotranspiration
measurement technology;
(3) improve evapotranspiration measurement science and
technology; and
(4) develop or refine the application of satellite-based
evapotranspiration data available to Federal agencies, States,
and Indian Tribes, including programs within both the Water
Resources and Core Science Systems divisions of the United
States Geological Survey. These may include--
(A) the Water Availability and Use Science Program,
the National Water Census, and Integrated Water
Availability Assessments; and
(B) the National Land Imaging Program, the Land
Change Science Program, and the Science Analytics and
Synthesis Program.
(e) Water Use and Availability of Program Data.--The Secretary--
(1) shall incorporate, to the maximum extent practicable,
program information and data for purposes of determining
consumptive water use on irrigated or other vegetated
landscapes for use by water resource management agencies;
(2) may continue to coordinate data analyses, use, and
collection efforts with other Federal agencies, States, and
Tribal governments through existing coordinating organizations,
such as--
(A) the Western States Water Council; and
(B) the Western States Federal Agency Support Team;
and
(3) may provide information collected and analyzed under
the Program to Program partners through appropriate mechanisms,
including through agreements with Federal agencies, States
(including State agencies), or Indian Tribes, leases,
contracts, cooperative agreements, grants, loans, and memoranda
of understanding.
(f) Cooperative Agreements.--The Secretary shall--
(1) enter into cooperative agreements with Program partners
to provide for the efficient and cost-effective administration
of the Program, including through cost sharing or by providing
additional in-kind resources necessary to carry out the
Program; and
(2) provide nonreimbursable matching funding, as
permissible, for programmatic and operational activities under
this section, in consultation with Program partners.
(g) Environmental Laws.--Nothing in this title modifies any
obligation of the Secretary to comply with applicable Federal and State
environmental laws in carrying out this title.
SEC. 305. REPORT.
Not later than 5 years after the date of the enactment of this
title, the Secretary shall submit to the Committees on Energy and
Natural Resources, Agriculture, Nutrition, and Forestry, and
Appropriations of the Senate and the Committees on Natural Resources,
Agriculture, and Appropriations of the House of Representatives a
report that includes--
(1) a status update on the operational incorporation of
Program data into modeling, water planning, and reporting
efforts of relevant Federal agencies; and
(2) a list of Federal agencies and Program partners that
are applying Program data to beneficial use, including a
description of examples of beneficial uses.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this title $23,000,000 for each of fiscal years 2023 through 2027,
to remain available until expended.
TITLE IV--COLORADO RIVER INDIAN TRIBES WATER RESILIENCY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Colorado River Indian Tribes Water
Resiliency Act of 2022''.
SEC. 402. FINDINGS.
The purposes of this title are to authorize--
(1) the CRIT to enter into lease or exchange agreements,
storage agreements, and agreements for conserved water for the
economic well-being of the CRIT; and
(2) the Secretary to approve any lease or exchange
agreements, storage agreements, or agreements for conserved
water entered into by the CRIT.
SEC. 403. DEFINITIONS.
In this title:
(1) Agreement for conserved water.--The term ``agreement
for conserved water'' means an agreement for the creation of
system conservation, storage of conserved water in Lake Mead,
or other mechanisms for voluntarily leaving a portion of the
CRIT reduced consumptive use in Lake Mead.
(2) Allottee.--The term ``allottee'' means an individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the exterior boundaries of the
Reservation; and
(B) held in trust by the United States.
(3) Consolidated decree.--The term ``Consolidated Decree''
means the decree entered by the Supreme Court of the United
States in Arizona v. California (547 U.S. 150 (2006)).
(4) Consumptive use.--The term ``consumptive use'' means a
portion of the decreed allocation that has a recent history of
use by the CRIT within the exterior boundary of the
Reservation. Any verified reduction in consumptive use pursuant
to a lease or exchange agreement, storage agreement, or
agreement for conserved water, shall be deemed to be a
consumptive use in the year in which the reduction occurred, if
the reduction is reflected in the Water Accounting Report.
(5) Crit.--The term ``CRIT'' means the Colorado River
Indian Tribes, a federally recognized Indian Tribe.
(6) Decreed allocation.--The term ``decreed allocation''
means the volume of water of the mainstream of the Colorado
River allocated to the CRIT that is accounted for as part of
the apportionment for the State in part I-A of the Appendix of
the Consolidated Decree.
(7) Lower basin.--The term ``Lower Basin'' has the meaning
given the term in article II(g) of the Colorado River Compact
of 1922, as approved by Federal law in section 13 of the
Boulder Canyon Project Act (43 U.S.C. 617l) and by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000).
(8) Person.--The term ``person'' means an individual, a
public or private corporation, a company, a partnership, a
joint venture, a firm, an association, a society, an estate or
trust, a private organization or enterprise, the United States,
an Indian Tribe, a governmental entity, or a political
subdivision or municipal corporation organized under, or
subject to, the constitution and laws of the State.
(9) Reservation.--The term ``Reservation'' means the
portion of the reservation established for the CRIT that is
located in the State.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--Except for purposes of section 416, the term
``State'' means the State of Arizona.
(12) Storage.--The term ``storage'' means the underground
storage, in accordance with State law, of a portion of the
consumptive use off the Reservation within the Lower Basin in
the State.
(13) Water accounting report.--The term ``Water Accounting
Report'' means the annual report of the Bureau of Reclamation
entitled the ``Colorado River Accounting and Water Use Report:
Arizona, California, and Nevada'' which includes the
compilation of records in accordance with article V of the
Consolidated Decree.
SEC. 404. LEASE OR EXCHANGE AGREEMENTS.
(a) Authorization.--Notwithstanding section 2116 of the Revised
Statutes (commonly known as the ``Indian Trade and Intercourse Act'';
25 U.S.C. 177) or any other provision of law, the CRIT is authorized,
subject to the approval of the Secretary under section 407(a), and has
the sole authority, to enter into, with any person, an agreement to
lease or exchange, or an option to lease or exchange, a portion of the
consumptive use for a use off the Reservation (referred to in this
title as a ``lease or exchange agreement''), on the condition that the
use off the Reservation is located in the Lower Basin in the State and
is not in Navajo, Apache, or Cochise counties.
(b) Term of Lease or Exchange Agreement.--The term of any lease or
exchange agreement entered into under subsection (a) shall be mutually
agreed, except that the term shall not exceed 100 years.
(c) Modifications.--Any lease or exchange agreement entered into
under subsection (a) may be renegotiated or modified at any time during
the term of the lease or exchange agreement, subject to the approval of
the Secretary under section 407(a), on the condition that the term of
the renegotiated lease or exchange agreement does not exceed 100 years.
(d) Applicable Law.--Any person entering into a lease or exchange
agreement with the CRIT under this section shall use the water received
under the lease or exchange agreement in accordance with applicable
Federal and State law.
SEC. 405. STORAGE AGREEMENTS.
(a) Authorization.--Notwithstanding section 2116 of the Revised
Statutes (commonly known as the ``Indian Trade and Intercourse Act'';
25 U.S.C. 177) or any other provision of law, the CRIT is authorized,
subject to the approval of the Secretary under section 407(a), and has
the sole authority, to enter into an agreement, including with the
Arizona Water Banking Authority (or successor agency or entity), for
the storage of a portion of the consumptive use, or the water received
under an exchange pursuant to an exchange agreement under section 404,
at 1 or more underground storage facilities or groundwater savings
facilities off the Reservation (referred to in this title as a
``storage agreement''), on the condition that the facility is located
in the Lower Basin in the State and is not in Navajo, Apache, or
Cochise counties.
(b) Applicable Law.--Any storage agreement entered into under this
section shall be in accordance with applicable Federal and State law.
(c) Delegation of Rights.--The CRIT may assign or sell any long-
term storage credits accrued as a result of a storage agreement, on the
condition that the assignment or sale is in accordance with applicable
State law.
SEC. 406. AGREEMENTS FOR CREATION OF WATER FOR THE COLORADO RIVER
SYSTEM OR FOR STORING WATER IN LAKE MEAD.
(a) Authorization.--Notwithstanding section 2116 of the Revised
Statutes (commonly known as the ``Indian Trade and Intercourse Act'';
25 U.S.C. 177) or any other provision of law, the CRIT is authorized,
subject to the approval of the Secretary under section 407(a), and has
the sole authority, to enter into, with any person, an agreement for
conserved water on the condition that if the conserved water is
delivered, the delivery is to a location in the Lower Basin of the
State and not in Navajo, Apache, or Cochise counties.
(b) Term of an Agreement for Conserved Water.--The term of any
agreement for conserved water entered into under subsection (a) shall
be mutually agreed, except that the term shall not exceed 100 years.
(c) Applicable Law.--Any person entering into an agreement for
conserved water with the CRIT under this section shall use the water
received in accordance with applicable Federal and State law.
SEC. 407. SECRETARIAL APPROVAL; DISAPPROVAL; AGREEMENTS.
(a) Authorization.--The Secretary shall approve or disapprove any--
(1) lease or exchange agreement;
(2) modification to a lease or exchange agreement;
(3) storage agreement;
(4) modification to a storage agreement; or
(5) agreement for conserved water.
(b) Secretarial Agreements.--The Secretary is authorized to enter
lease or exchange agreements, storage agreements, or agreements for
conserved water with the CRIT, provided the Secretary pays the fair
market value for the CRIT reduced consumptive use.
(c) Requirements.--
(1) In general.--The Secretary shall not approve any lease
or exchange agreement, or any modification to a lease or
exchange agreement, any storage agreement, or any modification
to a storage agreement that is not in compliance with--
(A) this title; and
(B) the agreement entered into between the CRIT,
the State, and the Secretary under section 410(a).
(2) Conserved water.--The Secretary shall not approve any
agreement for conserved water that is not in compliance with--
(A) this title; and
(B) other applicable Federal law.
(3) Permanent alienation.--The Secretary shall not approve
any lease or exchange agreement, or any modification to a lease
or exchange agreement, or any storage agreement, or
modification to a storage agreement, or agreement for conserved
water that permanently alienates any portion of the CRIT
decreed allocation.
(d) Other Requirements.--The requirement for Secretarial approval
under subsection (a) shall satisfy the requirements of section 2116 of
the Revised Statutes (commonly known as the ``Indian Trade and
Intercourse Act''; 25 U.S.C. 177).
(e) Authority of the Secretary.--Nothing in this title, or any
agreement entered into or approved by the Secretary under this title,
including any lease or exchange agreement, storage agreement, or
agreement for conserved water, shall diminish or abrogate the authority
of the Secretary to act under applicable Federal law or regulation,
including the Consolidated Decree.
SEC. 408. RESPONSIBILITIES OF THE SECRETARY.
(a) Compliance.--When approving a lease or exchange agreement, a
storage agreement, or an agreement for conserved water, the Secretary
shall promptly comply with all aspects of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), and all other applicable
environmental Acts and regulations.
(b) Documentation.--The Secretary shall document any lease or
exchange agreement, storage agreement, or agreement for conserved water
in the Water Accounting Report.
SEC. 409. AGREEMENT BETWEEN THE CRIT AND THE STATE.
(a) In General.--Before entering into the first lease or exchange
agreement or storage agreement, the CRIT shall enter into an agreement
with the State that outlines all notice, information sharing, and
collaboration requirements that shall apply to any potential lease or
exchange agreement or storage agreement the CRIT may enter into.
(b) Requirement.--The agreement required under subsection (a) shall
include a provision that requires the CRIT to submit to the State all
documents regarding a potential lease or exchange agreement or storage
agreement.
SEC. 410. AGREEMENT BETWEEN THE CRIT, THE STATE, AND THE SECRETARY.
(a) In General.--Before approving the first lease or exchange
agreement or storage agreement under section 407, the Secretary shall
enter into an agreement with the State and the CRIT that describes the
procedural, technical, and accounting methodologies for any lease or
exchange agreement or storage agreement the CRIT may enter into,
including quantification of the reduction in consumptive use and water
accounting.
(b) NEPA.--The execution of the agreement required under subsection
(a) shall not constitute a major Federal action for purposes of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Effect.--Nothing in this title shall prohibit the Secretary
from agreeing with the CRIT and the State to a modification to an
agreement entered into under subsection (a) (including an appendix or
exhibit to the agreement) if that the modification--
(1) is in compliance with this title; and
(2) does not otherwise require congressional approval under
section 2116 of the Revised Statutes (commonly known as the
``Indian Trade and Intercourse Act''; 25 U.S.C. 177) or any
other provision of law.
SEC. 411. NO EFFECT ON THE CRIT DECREED ALLOCATION.
(a) Temporary Use.--A lease or exchange agreement, storage
agreement, or agreement for conserved water--
(1) shall provide for the temporary use, storage or
conservation of a portion of the consumptive use off the
Reservation; and
(2) shall not permanently alienate the decreed allocation.
(b) Priority Status.--
(1) In general.--The lease or exchange of a portion of the
consumptive use shall not cause that portion to lose or change
its priority under the Consolidated Decree.
(2) Nonuse.--Any nonuse by a person who is a party to any
lease or exchange agreement or storage agreement with the CRIT
shall not result in forfeiture, abandonment, relinquishment, or
other loss by the CRIT of all or any portion of the decreed
allocation.
(c) Reservation of Rights.--The lease, exchange, storage, or
conservation of a portion of the consumptive use shall not reduce or
limit the right of the CRIT to use the remaining portion of the decreed
allocation on the Reservation.
(d) Storage Agreements.--A storage agreement entered into under
this title shall account for the quantity of water in storage off the
Reservation in accordance with applicable State law.
SEC. 412. ALLOTTEE USE OF WATER.
(a) Interference.--The lease, exchange, storage, or conservation of
a portion of the consumptive use shall not directly or indirectly
interfere with, or diminish, any entitlement to water for an allottee
under Federal or Tribal law.
(b) Water Rights of Allottees.--The Secretary shall protect the
rights of the allottees to a just and equitable distribution of water
for irrigation purposes, pursuant to section 7 of the Act of February
8, 1887 (commonly known as the ``Indian General Allotment Act''; 24
Stat. 390, chapter 119; 25 U.S.C. 381) (referred to in this section as
the ``Act'').
(c) Relief Under Tribal Law.--Prior to asserting any claim against
the United States pursuant to the Act, or any other applicable law, an
allottee shall exhaust all remedies available under applicable Tribal
law.
(d) Relief Under the Indian General Allotment Act.--Following an
exhaustion of remedies available under applicable Tribal law, an
allottee may seek relief under the Act, or any other applicable law.
(e) Relief From the Secretary.--Following exhaustion of remedies
available under the Act, or any other applicable law, an allottee may
petition the Secretary for relief.
SEC. 413. CONSIDERATION PAID TO THE CRIT.
The CRIT, and not the United States in any capacity, shall be
entitled to all consideration due to the CRIT under any lease or
exchange agreement, storage agreement, or agreement for conserved
water.
SEC. 414. LIABILITY OF THE UNITED STATES.
(a) Limitation of Liability.--The United States shall not be liable
to the CRIT or to any party to a lease or exchange agreement, storage
agreement, or agreement for conserved water in any claim relating to
the negotiation, execution, or approval of any lease or exchange
agreement, storage agreement, or an agreement for conserved water,
including any claim relating to the terms included in such an
agreement, except for claims related to section 408(a).
(b) Obligations.--The United States shall have no trust obligation
or other obligation to monitor, administer, or account for--
(1) any funds received by the CRIT as consideration under
any lease or exchange agreement, storage agreement, or
agreement for conserved water; or
(2) the expenditure of such funds.
SEC. 415. APPLICATION.
(a) In General.--This title shall apply only to the portion of the
decreed allocation that is available for use in the State.
(b) Requirement.--The portion of the decreed allocation that is
available for use in the State shall not be used, directly or
indirectly, outside the Lower Basin in the State or in Navajo, Apache,
or Cochise counties.
SEC. 416. RULE OF CONSTRUCTION.
Nothing in this title establishes, or shall be considered to
establish, a precedent in any litigation involving, or alters, affects,
or quantifies, any water right with respect to--
(1) the United States;
(2) any other Indian Tribe, band, or community;
(3) any State or political subdivision or district of a
State; or
(4) any person.
TITLE V-- HUALAPAI TRIBE WATER RIGHTS SETTLEMENT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Hualapai Tribe Water Rights
Settlement Act of 2022''.
SEC. 502. PURPOSES.
The purposes of this title are--
(1) to resolve, fully and finally, all claims to rights to
water in the State, including the Verde River, the Bill
Williams River, and the Colorado River, of--
(A) the Hualapai Tribe, on behalf of the Hualapai
Tribe and the members of the Hualapai Tribe; and
(B) the United States, acting as trustee for the
Hualapai Tribe, the members of the Hualapai Tribe, and
the allottees;
(2) to authorize, ratify, and confirm the Hualapai Tribe
water rights settlement agreement, to the extent that agreement
is consistent with this title;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Hualapai Tribe water rights settlement agreement and this
title; and
(4) to authorize the appropriation of funds necessary to
carry out the Hualapai Tribe water rights settlement agreement
and this title.
SEC. 503. DEFINITIONS.
In this title:
(1) 1947 judgment.--The term ``1947 Judgment'' means the
Judgment and the Stipulation and Agreement, including exhibits
to the Judgment and the Stipulation and Agreement, entered on
March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No.
E-190 (D. Ariz.) and attached to the Hualapai Tribe water
rights settlement agreement as Exhibit 3.1.1.
(2) AFY.--The term ``AFY'' means acre-feet per year.
(3) Allotment.--The term ``allotment'' means any of the 4
off-reservation parcels that are--
(A) held in trust by the United States for
individual Indians in the Big Sandy River basin in
Mohave County, Arizona, under the patents numbered
1039995, 1039996, 1039997, and 1019494; and
(B) identified as Parcels 1A, 1B, 1C, and 2 on the
map attached to the Hualapai Tribe water rights
settlement agreement as Exhibit 3.1.6.
(4) Allottee.--The term ``allottee'' means any Indian owner
of an allotment.
(5) Available cap supply.--The term ``available CAP
supply'' means, for any year--
(A) all fourth priority water available for
delivery through the Central Arizona Project;
(B) water available from Central Arizona Project
dams and reservoirs other than the Modified Roosevelt
Dam; and
(C) return flows captured by the Secretary for
Central Arizona Project use.
(6) Bill williams act.--The term ``Bill Williams Act''
means the Bill Williams River Water Rights Settlement Act of
2014 (Public Law 113-223; 128 Stat. 2096).
(7) Bill williams agreements.--The term ``Bill Williams
agreements'' means the Amended and Restated Big Sandy River-
Planet Ranch Water Rights Settlement Agreement and the Amended
and Restated Hualapai Tribe Bill Williams River Water Rights
Settlement Agreement, including all exhibits to each agreement,
copies of which (excluding exhibits) are attached to the
Hualapai Tribe water rights settlement agreement as Exhibit
3.1.11.
(8) Bill williams river phase 2 enforceability date.--The
term ``Bill Williams River Phase 2 Enforceability Date'' means
the date described in section 514(d).
(9) Bill williams river phase 2 water rights settlement
agreement.--The term ``Bill Williams River phase 2 water rights
settlement agreement'' means the agreement of that name that is
attached to, and incorporated in, the Hualapai Tribe water
rights settlement agreement as Exhibit 4.3.3.
(10) Cap contract.--The term ``CAP contract'' means a long-
term contract (as defined in the CAP repayment stipulation)
with the United States for delivery of CAP water through the
CAP system.
(11) Cap contractor.--The term ``CAP contractor''--
(A) means a person that has entered into a CAP
contract; and
(B) includes the Hualapai Tribe.
(12) Cap fixed om&r charge.--The term ``CAP fixed OM&R
charge'' has the meaning given the term ``Fixed OM&R Charge''
in the CAP repayment stipulation.
(13) Cap m&i priority water.--The term ``CAP M&I priority
water'' means water within the available CAP supply having a
municipal and industrial delivery priority.
(14) Cap nia priority water.--The term ``CAP NIA priority
water'' means water within the available CAP supply having a
non-Indian agricultural delivery priority.
(15) Cap operating agency.--The term ``CAP operating
agency'' means--
(A) the 1 or more entities authorized to assume
responsibility for the care, operation, maintenance,
and replacement of the CAP system; and
(B) as of the date of the enactment of this title,
the Central Arizona Water Conservation District.
(16) Cap pumping energy charge.--The term ``CAP pumping
energy charge'' has the meaning given the term ``Pumping Energy
Charge'' in the CAP repayment stipulation.
(17) Cap repayment contract.--The term ``CAP repayment
contract'' means--
(A) the contract dated December 1, 1988 (Contract
No. 14-06-W-245, Amendment No. 1), between the United
States and the Central Arizona Water Conservation
District for the Delivery of Water and Repayment of
Costs of the Central Arizona Project; and
(B) any amendment to, or revision of, that
contract.
(18) Cap repayment stipulation.--The term ``CAP repayment
stipulation'' means the Stipulated Judgment and the Stipulation
for Judgment, including any exhibits to those documents,
entered on November 21, 2007, in the United States District
Court for the District of Arizona in the consolidated civil
action Central Arizona Water Conservation District v. United
States, numbered CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-
EHC.
(19) Cap subcontract.--The term ``CAP subcontract'' means a
long-term subcontract (as defined in the CAP repayment
stipulation) with the United States and the Central Arizona
Water Conservation District for the delivery of CAP water
through the CAP system.
(20) Cap subcontractor.--The term ``CAP subcontractor''
means a person that has entered into a CAP subcontract.
(21) Cap system.--The term ``CAP system'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a
feature described in subparagraph (A), (B), (C), or
(D); and
(F) any extension of, addition to, or replacement
for a feature described in subparagraph (A), (B), (C),
(D), or (E).
(22) Cap water.--The term ``CAP water'' has the meaning
given the term ``Project Water'' in the CAP repayment
stipulation.
(23) Central arizona project.--The term ``Central Arizona
Project'' means the reclamation project authorized and
constructed by the United States in accordance with title III
of the Colorado River Basin Project Act (43 U.S.C. 1521 et
seq.).
(24) Central arizona water conservation district.--The term
``Central Arizona Water Conservation District'' means the
political subdivision of the State that is the contractor under
the CAP repayment contract.
(25) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922, as ratified
and reprinted in article 2 of chapter 7 of title 45, Arizona
Revised Statutes.
(26) Colorado river water entitlement.--The term ``Colorado
River water entitlement'' means the right or authorization to
use Colorado River water in the State through a mainstem
contract with the Secretary pursuant to section 5 of the
Boulder Canyon Project Act (43 U.S.C. 617d).
(27) Diversion.--The term ``diversion'' means an act to
divert.
(28) Divert.--The term ``divert'' means to receive,
withdraw, develop, produce, or capture water using--
(A) a ditch, canal, flume, bypass, pipeline, pit,
collection or infiltration gallery, conduit, well,
pump, turnout, dam, or any other mechanical device; or
(B) any other act of man.
(29) Domestic purpose.--
(A) In general.--The term ``domestic purpose''
means any use relating to the supply, service, or
activity of a household or private residence.
(B) Inclusions.--The term ``domestic purpose''
includes the application of water to not more than 2
acres of land to produce a plant or parts of a plant
for--
(i) sale or human consumption; or
(ii) use as feed for livestock, range
livestock, or poultry.
(30) Effluent.--The term ``effluent'' means water that--
(A) has been used in the State for domestic,
municipal, or industrial purposes, other than solely
for hydropower generation; and
(B) is available for reuse for any purpose,
regardless or whether the water has been treated to
improve the quality of the water.
(31) Enforceability date.--The term ``Enforceability Date''
means the date described in section 514(a).
(32) Exchange.--The term ``exchange'' means a trade between
1 or more persons of any water for any other water, if each
person has a right or claim to use the water the person
provides in the trade, regardless of whether the water is
traded in equal quantities or other consideration is included
in the trade.
(33) Fourth priority water.--The term ``fourth priority
water'' means Colorado River water that is available for
delivery in the State for the satisfaction of entitlements--
(A) in accordance with contracts, Secretarial
reservations, perfected rights, and other arrangements
between the United States and water users in the State
entered into or established after September 30, 1968,
for use on Federal, State, or privately owned land in
the State, in a total quantity of not greater than
164,652 AFY of diversions; and
(B) after first providing for the delivery of
Colorado River water for the CAP system, including for
use on Indian land, under section 304(e) of the
Colorado River Basin Project Act (43 U.S.C. 1524(e)),
in accordance with the CAP repayment contract.
(34) Freeport.--The term ``Freeport''--
(A) means the Delaware corporation named ``Freeport
Minerals Corporation''; and
(B) includes all subsidiaries, affiliates,
successors, and assigns of Freeport Minerals
Corporation, including Byner Cattle Company, a Nevada
corporation.
(35) Gila river adjudication.--The term ``Gila River
adjudication'' means the action pending in the Superior Court
of the State, in and for the County of Maricopa, In Re the
General Adjudication of All Rights To Use Water In The Gila
River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper
Gila), W-4 (San Pedro) (Consolidated).
(36) Gila river adjudication court.--The term ``Gila River
adjudication court'' means the Superior Court of the State, in
and for the County of Maricopa, exercising jurisdiction over
the Gila River adjudication.
(37) Gila river adjudication decree.--The term ``Gila River
adjudication decree'' means the judgment or decree entered by
the Gila River adjudication court in substantially the same
form as the form of judgment attached to the Hualapai Tribe
water rights settlement agreement as Exhibit 3.1.43.
(38) Groundwater.--The term ``groundwater'' means all water
beneath the surface of the Earth within the State that is not--
(A) surface water;
(B) effluent; or
(C) Colorado River water.
(39) Hualapai fee land.--The term ``Hualapai fee land''
means land, other than Hualapai trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Hualapai Reservation or Hualapai trust land; and
(C) as of the Enforceability Date, is owned by the
Hualapai Tribe, including by a tribally owned
corporation.
(40) Hualapai land.--The term ``Hualapai land'' means--
(A) the Hualapai Reservation;
(B) Hualapai trust land; and
(C) Hualapai fee land.
(41) Hualapai reservation.--The term ``Hualapai
Reservation'' means the land within the exterior boundaries of
the Hualapai Reservation, including--
(A) all land withdrawn by the Executive order dated
January 4, 1883, as modified by the May 28, 1942, order
of the Secretary pursuant to the Act of February 20,
1925 (43 Stat. 954, chapter 273);
(B) the land identified by the Executive orders
dated December 22, 1898, May 14, 1900, and June 2,
1911; and
(C) the land added to the Hualapai Reservation by
sections 511 and 512.
(42) Hualapai tribe.--The term ``Hualapai Tribe'' means the
Hualapai Tribe, a federally recognized Indian Tribe of Hualapai
Indians organized under section 16 of the Act of June 18, 1934
(25 U.S.C. 5123; commonly known as the ``Indian Reorganization
Act'').
(43) Hualapai tribe cap water.--The term ``Hualapai Tribe
CAP water'' means the 4,000 AFY of the CAP NIA priority water
that--
(A) was previously allocated to non-Indian
agricultural entities;
(B) was retained by the Secretary for reallocation
to Indian Tribes in the State pursuant to section
104(a)(1)(A)(iii) of the Central Arizona Project
Settlement Act of 2004 (Public Law 108-451; 118 Stat.
3487); and
(C) is reallocated to the Hualapai Tribe pursuant
to section 513.
(44) Hualapai tribe water delivery contract.--The term
``Hualapai Tribe water delivery contract'' means the contract
entered into in accordance with the Hualapai Tribe water rights
settlement agreement and section 513(c) for the delivery of
Hualapai Tribe CAP water.
(45) Hualapai tribe water rights settlement agreement.--
(A) In general.--The term ``Hualapai Tribe water
rights settlement agreement'' means the agreement,
including exhibits, entitled ``Hualapai Tribe Water
Rights Settlement Agreement'' and dated February 11,
2019.
(B) Inclusions.--The term ``Hualapai Tribe water
rights settlement agreement'' includes--
(i) any amendments necessary to make the
Hualapai Tribe water rights settlement
agreement consistent with this title; and
(ii) any other amendments approved by the
parties to the Hualapai Tribe water rights
settlement agreement and the Secretary.
(46) Hualapai trust land.--The term ``Hualapai trust land''
means land, other than Hualapai fee land, that is--
(A) located--
(i) in the State; and
(ii) outside the exterior boundaries of the
Hualapai Reservation; and
(B) as of the Enforceability Date, held in trust by
the United States for the benefit of the Hualapai
Tribe.
(47) Hualapai water project.--The term ``Hualapai Water
Project'' means the project constructed in accordance with
section 506(a)(7)(A).
(48) Hualapai water trust fund account.--The term
``Hualapai Water Trust Fund Account'' means the account
established under section 506(a)(1).
(49) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(50) Injury to water rights.--
(A) In general.--The term ``injury to water
rights'' means any interference with, diminution of, or
deprivation of, a water right under Federal, State, or
other law.
(B) Exclusion.--The term ``injury to water rights''
does not include any injury to water quality.
(51) Lower basin.--The term ``lower basin'' has the meaning
given the term in article II(g) of the Colorado River Compact.
(52) Lower colorado river basin development fund.--The term
``Lower Colorado River Basin Development Fund'' means the fund
established by section 403(a) of the Colorado River Basin
Project Act (43 U.S.C. 1543(a)).
(53) Member.--The term ``member'' means any person duly
enrolled as a member of the Hualapai Tribe.
(54) Om&r.--The term ``OM&R'' means--
(A) any recurring or ongoing activity relating to
the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of
a project.
(55) Parcel 1.--The term ``Parcel 1'' means the parcel of
land that is--
(A) depicted as 3 contiguous allotments identified
as 1A, 1B, and 1C on the map attached to the Hualapai
Tribe water rights settlement agreement as Exhibit
3.1.6; and
(B) held in trust for certain allottees.
(56) Parcel 2.--The term ``Parcel 2'' means the parcel of
land that is--
(A) depicted as ``Parcel 2'' on the map attached to
the Hualapai Tribe water rights settlement agreement as
Exhibit 3.1.6; and
(B) held in trust for certain allottees.
(57) Parcel 3.--The term ``Parcel 3'' means the parcel of
land that is--
(A) depicted as ``Parcel 3'' on the map attached to
the Hualapai Tribe water rights settlement agreement as
Exhibit 3.1.6;
(B) held in trust for the Hualapai Tribe; and
(C) part of the Hualapai Reservation pursuant to
Executive Order 1368, dated June 2, 1911.
(58) Party.--The term ``party'' means a person that is a
signatory to the Hualapai Tribe water rights settlement
agreement.
(59) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(60) State.--The term ``State'' means the State of Arizona.
(61) Stock watering.--The term ``stock watering'' means the
watering of livestock, range livestock, or poultry.
(62) Surface water.--The term ``surface water'' means all
water in the State that is appropriable under State law.
(63) Truxton basin.--The term ``Truxton Basin'' means the
groundwater aquifer described in the report issued by the
United States Geological Survey entitled ``Groundwater
Availability in the Truxton Basin, Northwestern Arizona'',
Scientific Investigations Report No. 2020-5017-A.
(64) Water.--The term ``water'', when used without a
modifying adjective, means--
(A) groundwater;
(B) surface water;
(C) effluent; and
(D) Colorado River water.
(65) Water right.--The term ``water right'' means any right
in or to groundwater, surface water, effluent, or Colorado
River water under Federal, State, or other law.
SEC. 504. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER RIGHTS
SETTLEMENT AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title and to
the extent the Hualapai Tribe water rights settlement agreement
does not conflict with this title, the Hualapai Tribe water
rights settlement agreement is authorized, ratified, and
confirmed.
(2) Amendments.--If an amendment to the Hualapai Tribe
water rights settlement agreement, or to any exhibit attached
to the Hualapai Tribe water rights settlement agreement
requiring the signature of the Secretary, is executed in
accordance with this title to make the Hualapai Tribe water
rights settlement agreement consistent with this title, the
amendment is authorized, ratified, and confirmed, to the extent
the amendment is consistent with this title.
(b) Execution.--
(1) In general.--To the extent the Hualapai Tribe water
rights settlement agreement does not conflict with this title,
the Secretary shall execute the Hualapai Tribe water rights
settlement agreement, including all exhibits to, or parts of,
the Hualapai Tribe water rights settlement agreement requiring
the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary from approving any modification to an appendix or
exhibit to the Hualapai Tribe water rights settlement agreement
that is consistent with this title, to the extent the
modification does not otherwise require congressional approval
under section 2116 of the Revised Statutes (25 U.S.C. 177) or
any other applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Hualapai Tribe water
rights settlement agreement (including all exhibits to the
Hualapai Tribe water rights settlement agreement requiring the
signature of the Secretary) and this title, the Secretary shall
comply with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Compliance.--
(A) In general.--In implementing the Hualapai Tribe
water rights settlement agreement and this title, the
Hualapai Tribe shall prepare any necessary
environmental documents, consistent with all applicable
provisions of--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the
documentation submitted under subparagraph (A);
and
(ii) be responsible for the accuracy,
scope, and contents of that documentation.
(3) Effect of execution.--The execution of the Hualapai
Tribe water rights settlement agreement by the Secretary under
this section shall not constitute a major action for purposes
of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
SEC. 505. WATER RIGHTS.
(a) Water Rights to Be Held in Trust.--
(1) Hualapai tribe.--The United States shall hold the
following water rights in trust for the benefit of the Hualapai
Tribe:
(A) The water rights for the Hualapai Reservation
described in subparagraph 4.2 of the Hualapai Tribe
water rights settlement agreement.
(B) The water rights for Hualapai trust land
described in subparagraph 4.4 of the Hualapai Tribe
water rights settlement agreement.
(C) The water rights described in section 512(e)(2)
for any land taken into trust by the United States for
the benefit of the Hualapai Tribe--
(i) after the Enforceability Date; and
(ii) in accordance with section 512(e)(1).
(D) All Hualapai Tribe CAP water.
(2) Allottees.--The United States shall hold in trust for
the benefit of the allottees all water rights for the
allotments described in subparagraph 4.3.2 of the Hualapai
Tribe water rights settlement agreement.
(b) Forfeiture and Abandonment.--The following water rights shall
not be subject to loss through non-use, forfeiture, abandonment, or
other operation of law:
(1) The water rights for the Hualapai Reservation described
in subparagraph 4.2 of the Hualapai Tribe water rights
settlement agreement.
(2) The water rights for Hualapai trust land described in
subparagraph 4.4 of the Hualapai Tribe water rights settlement
agreement.
(3) Any Colorado River water entitlement purchased by the
Hualapai Tribe wholly or substantially with amounts in the
Economic Development Fund described in section 8.1 of the
Amended and Restated Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement.
(c) Alienation.--Any Colorado River water entitlement purchased by
the Hualapai Tribe wholly or substantially with amounts in the Economic
Development Fund described in section 8.1 of the Amended and Restated
Hualapai Tribe Bill Williams River Water Rights Settlement Agreement
shall be restricted against permanent alienation by the Hualapai Tribe.
(d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall have the
right to divert, use, and store the Hualapai Tribe CAP water in
accordance with section 513.
(e) Colorado River Water Entitlements.--
(1) Uses.--The Hualapai Tribe shall have the right to use
any Colorado River water entitlement purchased by or donated to
the Hualapai Tribe at the location to which the entitlement is
appurtenant on the date on which the entitlement is purchased
or donated.
(2) Storage.--
(A) In general.--Subject to paragraphs (3) and (5),
the Hualapai Tribe may store Colorado River water
available under any Colorado River water entitlement
purchased by or donated to the Hualapai Tribe at
underground storage facilities or groundwater savings
facilities located within the State and in accordance
with State law.
(B) Assignments.--The Hualapai Tribe may assign any
long-term storage credits accrued as a result of
storage under subparagraph (A) in accordance with State
law.
(3) Transfers.--The Hualapai Tribe may transfer the
entitlement for use or storage under paragraph (1) or (2),
respectively, to another location within the State, including
the Hualapai Reservation, in accordance with the Hualapai Tribe
water rights settlement agreement and all applicable Federal
and State laws governing the transfer of Colorado River water
entitlements within the State.
(4) Leases.--The Hualapai Tribe may lease any Colorado
River water entitlement for use or storage under paragraph (1)
or (2), respectively, to a water user within the State, in
accordance with the Hualapai Tribe water rights settlement
agreement and all applicable Federal and State laws governing
the transfer of Colorado River water entitlements within the
State.
(5) Transports.--The Hualapai Tribe, or any person who
leases a Colorado River water entitlement from the Hualapai
Tribe under paragraph (4), may transport Colorado River water
available under the Colorado River water entitlement through
the Central Arizona Project in accordance with all laws of the
United States and the agreements between the United States and
the Central Arizona Water Conservation District governing the
use of the Central Arizona Project to transport water other
than CAP water.
(f) Use Off-reservation.--No water rights to groundwater under the
Hualapai Reservation or Hualapai trust land, or to surface water on the
Hualapai Reservation or Hualapai trust land, may be sold, leased,
transferred, or used outside the boundaries of the Hualapai Reservation
or Hualapai trust land, other than under an exchange.
(g) Groundwater Transportation.--
(1) Fee land.--Groundwater may be transported in accordance
with State law away from Hualapai fee land and away from land
acquired in fee by the Hualapai Tribe, including by a tribally
owned corporation, after the Enforceability Date.
(2) Land added to hualapai reservation.--Groundwater may be
transported in accordance with State law away from land added
to the Hualapai Reservation by sections 511 and 512 to other
land within the Hualapai Reservation.
SEC. 506. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF HUALAPAI
WATER PROJECT; FUNDING.
(a) Hualapai Water Trust Fund Account.--
(1) Establishment.--The Secretary shall establish a trust
fund account, to be known as the ``Hualapai Water Trust Fund
Account'', to be managed, invested, and distributed by the
Secretary and to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury, consisting of the
amounts deposited in the Hualapai Water Trust Fund Account
under paragraph (2), together with any interest earned on those
amounts, for the purposes of carrying out this title.
(2) Deposits.--The Secretary shall deposit in the Hualapai
Water Trust Fund Account the amounts made available pursuant to
section 507(a)(1).
(3) Management and interest.--
(A) Management.--On receipt and deposit of funds
into the Hualapai Water Trust Fund Account, the
Secretary shall manage, invest, and distribute all
amounts in the Hualapai Water Trust Fund Account in a
manner that is consistent with the investment authority
of the Secretary under--
(i) the first section of the Act of June
24, 1938 (25 U.S.C. 162a);
(ii) the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001
et seq.); and
(iii) this subsection.
(B) Investment earnings.--In addition to the
deposits made to the Hualapai Water Trust Fund Account
under paragraph (2), any investment earnings, including
interest, credited to amounts held in the Hualapai
Water Trust Fund Account are authorized to be used in
accordance with paragraph (7).
(4) Availability of amounts.--
(A) In general.--Amounts appropriated to, and
deposited in, the Hualapai Water Trust Fund Account,
including any investment earnings, shall be made
available to the Hualapai Tribe by the Secretary
beginning on the Enforceability Date, subject to the
requirements of this section.
(B) Use.--Notwithstanding subparagraph (A), amounts
deposited in the Hualapai Water Trust Fund Account
shall be available to the Hualapai Tribe on the date on
which the amounts are deposited for environmental
compliance, as provided in section 508.
(5) Withdrawals.--
(A) Withdrawals under the american indian trust
fund management reform act of 1994.--
(i) In general.--The Hualapai Tribe may
withdraw any portion of the amounts in the
Hualapai Water Trust Fund Account on approval
by the Secretary of a Tribal management plan
submitted by the Tribe in accordance with the
American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.).
(ii) Requirements.--In addition to the
requirements under the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.), the Tribal management plan under
this subparagraph shall require that the
Hualapai Tribe spend all amounts withdrawn from
the Hualapai Water Trust Fund Account and any
investment earnings accrued through the
investments under the Tribal management plan in
accordance with this title.
(iii) Enforcement.--The Secretary may carry
out such judicial and administrative actions as
the Secretary determines to be necessary to
enforce the Tribal management plan under this
subparagraph to ensure that amounts withdrawn
by the Hualapai Tribe from the Hualapai Water
Trust Fund Account under clause (i) are used in
accordance with this title.
(B) Withdrawals under expenditure plan.--
(i) In general.--The Hualapai Tribe may
submit to the Secretary a request to withdraw
funds from the Hualapai Water Trust Fund
Account pursuant to an approved expenditure
plan.
(ii) Requirements.--To be eligible to
withdraw amounts under an expenditure plan
under this subparagraph, the Hualapai Tribe
shall submit to the Secretary an expenditure
plan for any portion of the Hualapai Water
Trust Fund Account that the Hualapai Tribe
elects to withdraw pursuant to this
subparagraph, subject to the condition that the
amounts shall be used for the purposes
described in this title.
(iii) Inclusions.--An expenditure plan
under this subparagraph shall include a
description of the manner and purpose for which
the amounts proposed to be withdrawn from the
Hualapai Water Trust Fund Account will be used
by the Hualapai Tribe, in accordance with
paragraph (7).
(iv) Approval.--The Secretary shall approve
an expenditure plan submitted under clause (ii)
if the Secretary determines that the plan--
(I) is reasonable; and
(II) is consistent with, and will
be used for, the purposes of this
title.
(v) Enforcement.--The Secretary may carry
out such judicial and administrative actions as
the Secretary determines to be necessary to
enforce an expenditure plan to ensure that
amounts disbursed under this subparagraph are
used in accordance with this title.
(6) Effect of title.--Nothing in this section gives the
Hualapai Tribe the right to judicial review of a determination
of the Secretary relating to whether to approve a Tribal
management plan under paragraph (5)(A) or an expenditure plan
under paragraph (5)(B) except under subchapter II of chapter 5,
and chapter 7, of title 5, United States Code (commonly known
as the ``Administrative Procedure Act'').
(7) Uses.--Amounts from the Hualapai Water Trust Fund
Account shall be used by the Hualapai Tribe--
(A) to plan, design, construct, and conduct related
activities, including compliance with Federal
environmental laws under section 508, the Hualapai
Water Project, which shall be designed to divert,
treat, and convey up to 3,414 AFY of water from the
Colorado River in the lower basin in the State,
including locations on or directly adjacent to the
Hualapai Reservation, for municipal, commercial, and
industrial uses on the Hualapai Reservation;
(B) to perform OM&R on the Hualapai Water Project;
(C) to construct facilities to transport electrical
power to pump water for the Hualapai Water Project;
(D) to construct, repair, and replace such
infrastructure as may be necessary for groundwater
wells on the Hualapai Reservation and to construct
infrastructure for delivery and use of such groundwater
on the Hualapai Reservation;
(E) to acquire land, interests in land, and water
rights outside the exterior boundaries of the Hualapai
Reservation that are located in the Truxton Basin;
(F) to reimburse the Hualapai Tribe for any--
(i) planning, design, and engineering costs
associated with the Hualapai Water Project that
the Hualapai Tribe incurs using Tribal funds
during the period--
(I) beginning on the date of the
enactment of this title; and
(II) ending on the Enforceability
Date; and
(ii) construction costs associated with the
Hualapai Water Project that the Hualapai Tribe
incurs using Tribal funds during the period--
(I) beginning on the date on which
the Secretary issues a record of
decision; and
(II) ending on the Enforceability
Date; and
(G) to make contributions to the Economic
Development Fund described in section 8.1 of the
Amended and Restated Hualapai Tribe Bill Williams River
Water Rights Settlement Agreement for the purpose of
purchasing additional Colorado River water entitlements
and appurtenant land.
(8) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or investment
of any amounts withdrawn from the Hualapai Water Trust Fund
Account by the Hualapai Tribe under paragraph (5).
(9) Title to infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
Hualapai Water Trust Fund Account shall remain in the Hualapai
Tribe.
(10) Om&r.--All OM&R costs of any project constructed using
funds from the Hualapai Water Trust Fund Account shall be the
responsibility of the Hualapai Tribe.
(11) No per capita distributions.--No portion of the
Hualapai Water Trust Fund Account shall be distributed on a per
capita basis to any member of the Hualapai Tribe.
(12) Expenditure reports.--The Hualapai Tribe shall
annually submit to the Secretary an expenditure report
describing accomplishments and amounts spent from use of
withdrawals under a Tribal management plan or an expenditure
plan under this title.
(b) Hualapai Water Settlement Implementation Fund Account.--
(1) Establishment.--There is established in the Treasury of
the United States a nontrust, interest-bearing account, to be
known as the ``Hualapai Water Settlement Implementation Fund
Account'' (referred to in this subsection as the
``Implementation Fund Account'') to be managed and distributed
by the Secretary, for use by the Secretary for carrying out
this title.
(2) Deposits.--The Secretary shall deposit in the
Implementation Fund Account the amounts made available pursuant
to section 507(a)(2).
(3) Uses.--The Implementation Fund Account shall be used by
the Secretary to carry out section 515(c), including for
groundwater monitoring in the Truxton Basin.
(4) Interest.--In addition to the deposits under paragraph
(2), any investment earnings, including interest, credited to
amounts unexpended in the Implementation Fund Account are
authorized to be appropriated to be used in accordance with
paragraph (3).
SEC. 507. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorizations.--
(1) Hualapai water trust fund account.--There is authorized
to be appropriated to the Secretary for deposit in the Hualapai
Water Trust Fund Account $180,000,000, to be available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(2) Hualapai water settlement implementation fund
account.--There is authorized to be appropriated to the
Secretary for deposit in the Hualapai Water Settlement
Implementation Fund account established by section 506(b)(1)
$5,000,000.
(3) Prohibition.--Notwithstanding any other provision of
law, any amounts made available under paragraph (1) or (2)
shall not be made available from the Reclamation Water
Settlements Fund established by section 10501(a) of the Omnibus
Public Land Management Act of 2009 (43 U.S.C. 407(a)) until
2034.
(b) Fluctuation in Costs.--
(1) In general.--The amount authorized to be appropriated
under subsection (a)(1) shall be increased or decreased, as
appropriate, by such amounts as may be justified by reason of
ordinary fluctuations in costs occurring after the date of the
enactment of this title, as indicated by the Bureau of
Reclamation Construction Cost Index--Composite Trend.
(2) Construction costs adjustment.--The amount authorized
to be appropriated under subsection (a)(1) shall be adjusted to
address construction cost changes necessary to account for
unforeseen market volatility that may not otherwise be captured
by engineering cost indices as determined by the Secretary,
including repricing applicable to the types of construction and
current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has been
appropriated.
(4) Period of indexing.--The period of indexing adjustment
for any increment of funding shall end on the date on which the
funds are deposited in the Hualapai Water Trust Fund Account.
SEC. 508. ENVIRONMENTAL COMPLIANCE.
(a) In General.--Effective beginning on the date of deposit of
funds in the Hualapai Water Trust Fund Account, the Hualapai Tribe may
commence any environmental, cultural, and historical compliance
activities necessary to implement the Hualapai Tribe water rights
settlement agreement and this title, including activities necessary to
comply with all applicable provisions of--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations of
that Act; and
(3) all other applicable Federal environmental or
historical and cultural protection laws and regulations.
(b) No Effect on Outcome.--Nothing in this title affects or directs
the outcome of any analysis under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
environmental or historical and cultural protection law.
(c) Compliance Costs.--Any costs associated with the performance of
the compliance activities under subsection (a) shall be paid from funds
deposited in the Hualapai Water Trust Fund Account, subject to the
condition that any costs associated with the performance of Federal
approval or other review of such compliance work or costs associated
with inherently Federal functions shall remain the responsibility of
the Secretary.
(d) Record of Decision.--Construction of the Hualapai Water Project
shall not commence until the Secretary issues a record of decision
after completion of an environmental impact statement for the Hualapai
Water Project.
(e) Construction Costs.--Any costs of construction incurred by the
Hualapai Tribe during the period beginning on the date on which the
Secretary issues a record of decision and ending on the Enforceability
Date shall be paid by the Hualapai Tribe and not from funds deposited
in the Hualapai Water Trust Fund Account, subject to the condition
that, pursuant to section 506(a)(7)(F), the Hualapai Tribe may be
reimbursed after the Enforceability Date from the Hualapai Water Trust
Fund Account for any such costs of construction incurred by the
Hualapai Tribe prior to the Enforceability Date.
SEC. 509. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
(a) Waivers and Releases of Claims by the Hualapai Tribe.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph
(C), the Hualapai Tribe, on behalf of the Hualapai
Tribe and the members of the Hualapai Tribe (but not
members in the capacity of the members as allottees)
and the United States, acting as trustee for the
Hualapai Tribe and the members of the Hualapai Tribe
(but not members in the capacity of the members as
allottees), as part of the performance of the
respective obligations of the Hualapai Tribe and the
United States under the Hualapai Tribe water rights
settlement agreement and this title, are authorized to
execute a waiver and release of any claims against the
State (or any agency or political subdivision of the
State) and any other individual, entity, corporation,
or municipal corporation under Federal, State, or other
law for all--
(i) past, present, and future claims for
water rights, including rights to Colorado
River water, for Hualapai land, arising from
time immemorial and, thereafter, forever;
(ii) past, present, and future claims for
water rights, including rights to Colorado
River water, arising from time immemorial and,
thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai
Tribe, the predecessors of the Hualapai Tribe,
the members of the Hualapai Tribe, or
predecessors of the members of the Hualapai
Tribe;
(iii) past and present claims for injury to
water rights, including injury to rights to
Colorado River water, for Hualapai land,
arising from time immemorial through the
Enforceability Date;
(iv) past, present, and future claims for
injury to water rights, including injury to
rights to Colorado River water, arising from
time immemorial and, thereafter, forever, that
are based on the aboriginal occupancy of land
by the Hualapai Tribe, the predecessors of the
Hualapai Tribe, the members of the Hualapai
Tribe, or predecessors of the members of the
Hualapai Tribe;
(v) claims for injury to water rights,
including injury to rights to Colorado River
water, arising after the Enforceability Date,
for Hualapai land, resulting from the off-
reservation diversion or use of surface water,
Colorado River water, or effluent in a manner
not in violation of the Hualapai Tribe water
rights settlement agreement or State law;
(vi) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement, or this title;
(vii) claims for water rights of the
Hualapai Tribe or the United States, acting as
trustee for the Hualapai Tribe and members of
the Hualapai Tribe, with respect to Parcel 3,
in excess of 300 AFY;
(viii) claims for injury to water rights
arising after the Enforceability Date for
Hualapai land resulting from the off-
reservation diversion or use of groundwater
from--
(I) any well constructed outside of
the Truxton Basin on or before the date
of the enactment of this title;
(II) any well constructed outside
of the Truxton Basin, and not more than
2 miles from the exterior boundaries of
the Hualapai Reservation, after the
date of the enactment of this title
if--
(aa) the well was
constructed to replace a well
in existence on the date of the
enactment of this title;
(bb) the replacement well
was constructed within 660 feet
of the well being replaced; and
(cc) the pumping capacity
and case diameter of the
replacement well do not exceed
the pumping capacity and case
diameter of the well being
replaced; or
(III) any well constructed outside
the Truxton Basin, and not less than 2
miles from the exterior boundaries of
the Hualapai Reservation, after the
date of the enactment of this title,
subject to the condition that the
authorizations and restrictions
regarding the location, size, and
operation of wells in the Bill Williams
River watershed set forth in the Bill
Williams agreements and the Bill
Williams Act, and the waivers of claims
in the Bill Williams agreements and the
Bill Williams Act, shall continue to
apply to the parties to the Bill
Williams agreements, notwithstanding
the provisions of this subsection; and
(ix) claims for injury to water rights
arising after the Enforceability Date, for
Hualapai land, resulting from the off-
reservation diversion or use of groundwater in
the Truxton Basin from--
(I) any well constructed within the
Truxton Basin for domestic purposes or
stock watering--
(aa) on or before the date
on which the Secretary provides
written notice to the State
pursuant to section 515(c)(2);
or
(bb) after the date on
which the Secretary provides
written notice to the State
pursuant to that section if--
(AA) the well was
constructed to replace
a well in existence on
the date on which the
notice was provided;
(BB) the
replacement well was
constructed within 660
feet of the well being
replaced; and
(CC) the pumping
capacity and case
diameter of the
replacement well do not
exceed the pumping
capacity and case
diameter of the well
being replaced; and
(II) any well constructed within
the Truxton Basin for purposes other
than domestic purposes or stock
watering--
(aa) on or before the date
of the enactment of this title;
(bb) after the date of the
enactment of this title if the
Secretary has not provided
written notice to the State
pursuant to section 515(c)(2);
or
(cc) after the date of the
enactment of this title if the
Secretary has provided written
notice to the State pursuant to
section 515(c)(2) and if--
(AA) the well was
constructed to replace
a well in existence on
the on which date the
notice was provided;
(BB) the
replacement well was
constructed within 660
feet of the well being
replaced; and
(CC) the pumping
capacity and case
diameter of the
replacement well do not
exceed the pumping
capacity and case
diameter of the well
being replaced.
(B) Effective date.--The waiver and release of
claims described in subparagraph (A) shall take effect
on the Enforceability Date.
(C) Reservation of rights and retention of
claims.--Notwithstanding the waiver and release of
claims described in subparagraph (A), the Hualapai
Tribe, acting on behalf of the Hualapai Tribe and the
members of the Hualapai Tribe, and the United States,
acting as trustee for the Hualapai Tribe and the
members of the Hualapai Tribe (but not members in the
capacity of the members as allottees), shall retain any
right--
(i) subject to subparagraph 12.7 of the
Hualapai Tribe water rights settlement
agreement, to assert claims for injuries to,
and seek enforcement of, the rights of the
Hualapai Tribe under the Hualapai Tribe water
rights settlement agreement or this title in
any Federal or State court of competent
jurisdiction;
(ii) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement;
(iii) to assert claims for water rights
based on State law for land owned or acquired
by the Hualapai Tribe in fee, under
subparagraph 4.8 of the Hualapai Tribe water
rights settlement agreement;
(iv) to object to any claims for water
rights or injury to water rights by or for any
Indian Tribe or the United States, acting on
behalf of any Indian Tribe;
(v) to assert past, present, or future
claims for injury to water rights against any
Indian Tribe or the United States, acting on
behalf of any Indian Tribe;
(vi) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under the Bill Williams agreements or the
Bill Williams Act in any Federal or State court
of competent jurisdiction;
(vii) subject to paragraphs (1), (3), (4),
and (5) of section 505(e), to assert the rights
of the Hualapai Tribe under any Colorado River
water entitlement purchased by or donated to
the Hualapai Tribe; and
(viii) to assert claims for injury to water
rights arising after the Enforceability Date
for Hualapai land resulting from any off-
reservation diversion or use of groundwater,
without regard to quantity, from--
(I) any well constructed after the
date of the enactment of this Act
outside of the Truxton Basin and not
more than 2 miles from the exterior
boundaries of the Hualapai Reservation,
except a replacement well described in
subparagraph (A)(viii)(II), subject to
the authorizations and restrictions
regarding the location, size, and
operation of wells in the Bill Williams
River watershed, and the waivers of
claims, set forth in the Bill Williams
agreements and the Bill Williams Act;
(II) any well constructed within
the Truxton Basin for domestic purposes
or stock watering after the date on
which the Secretary has provided
written notice to the State pursuant to
section 515(c)(2), except for a
replacement well described in
subparagraph (A)(ix)(I)(bb); and
(III) any well constructed within
the Truxton Basin for purposes other
than domestic purposes or stock
watering after the date of the
enactment of this Act, if the Secretary
has provided notice to the State
pursuant to section 515(c)(2), except
for a replacement well as described in
subparagraph (A)(ix)(II)(cc).
(2) Claims against united states.--
(A) In general.--Except as provided in subparagraph
(C), the Hualapai Tribe, acting on behalf of the
Hualapai Tribe and the members of the Hualapai Tribe
(but not members in the capacity of the members as
allottees) as part of the performance of the
obligations of the Hualapai Tribe under the Hualapai
Tribe water rights settlement agreement and this title,
is authorized to execute a waiver and release of all
claims against the United States, including agencies,
officials, and employees of the United States, under
Federal, State, or other law for all--
(i) past, present, and future claims for
water rights, including rights to Colorado
River water, for Hualapai land, arising from
time immemorial and, thereafter, forever;
(ii) past, present, and future claims for
water rights, including rights to Colorado
River water, arising from time immemorial and,
thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai
Tribe, the predecessors of the Hualapai Tribe,
the members of the Hualapai Tribe, or
predecessors of the members of the Hualapai
Tribe;
(iii) past and present claims relating in
any manner to damages, losses, or injury to
water rights (including injury to rights to
Colorado River water), land, or other resources
due to loss of water or water rights (including
damages, losses, or injuries to hunting,
fishing, gathering, or cultural rights due to
loss of water or water rights, claims relating
to interference with, diversion, or taking of
water, or claims relating to the failure to
protect, acquire, or develop water, water
rights, or water infrastructure) within the
State that first accrued at any time prior to
the Enforceability Date;
(iv) past and present claims for injury to
water rights, including injury to rights to
Colorado River water, for Hualapai land,
arising from time immemorial through the
Enforceability Date;
(v) past, present, and future claims for
injury to water rights, including injury to
rights to Colorado River water, arising from
time immemorial and, thereafter, forever, that
are based on the aboriginal occupancy of land
by the Hualapai Tribe, the predecessors of the
Hualapai Tribe, the members of the Hualapai
Tribe, or predecessors of the members of the
Hualapai Tribe;
(vi) claims for injury to water rights,
including injury to rights to Colorado River
water, arising after the Enforceability Date
for Hualapai land, resulting from the off-
reservation diversion or use of surface water,
Colorado River water, or effluent in a manner
not in violation of the Hualapai Tribe water
rights settlement agreement or State law;
(vii) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement, or this title;
(viii) claims for injury to water rights
arising after the Enforceability Date for
Hualapai land resulting from the off-
Reservation diversion or use of groundwater
from--
(I) any well constructed on public
domain land outside of the Truxton
Basin on or before the date of the
enactment of this title;
(II) any well constructed on public
domain land outside of the Truxton
Basin, and not more than 2 miles from
the exterior boundaries of the Hualapai
Reservation, after the date of the
enactment of this title if--
(aa) the well was
constructed to replace a well
in existence on the date of the
enactment of this title;
(bb) the replacement well
was constructed within 660 feet
of the well being replaced; and
(cc) the pumping capacity
and case diameter of the
replacement well do not exceed
the pumping capacity and case
diameter of the well being
replaced; or
(III) any well constructed on
public domain land outside of the
Truxton Basin, and not less than 2
miles from the exterior boundaries of
the Hualapai Reservation, after the
date of the enactment of this Act,
subject to the condition that the
authorizations and restrictions
regarding the location, size, and
operation of wells in the Bill Williams
River watershed set forth in the Bill
Williams agreements and the Bill
Williams Act, and the waivers of claims
in the Bill Williams agreements and the
Bill Williams Act, shall continue to
apply to the parties to the Bill
Williams agreements, notwithstanding
the provisions of this subsection; and
(ix) claims for injury to water rights
arising after the Enforceability Date for
Hualapai land resulting from the off-
reservation diversion or use of groundwater in
the Truxton Basin from--
(I) any well constructed on public
domain land within the Truxton Basin
for domestic purposes or stock
watering--
(aa) on or before the date
on which the Secretary provides
written notice to the State
pursuant to section 515(c)(2);
or
(bb) after the date on
which the Secretary provides
written notice to the State
pursuant to that section if--
(AA) the well was
constructed to replace
a well in existence on
the date on which the
notice was provided;
(BB) the
replacement well was
constructed within 660
feet of the well being
replaced; and
(CC) the pumping
capacity and case
diameter of the
replacement well do not
exceed the pumping
capacity and case
diameter of the well
being replaced; and
(II) any well constructed on public
domain land within the Truxton Basin
for purposes other than domestic
purposes or stock watering--
(aa) on or before the date
of the enactment of this title;
(bb) after the date of the
enactment of this title if the
Secretary has not provided
written notice to the State
pursuant to section 515(c)(2);
or
(cc) after the date of the
enactment of this title if the
Secretary has provided written
notice to the State pursuant to
section 515(c)(2) and if--
(AA) the well was
constructed to replace
a well in existence on
the date on which the
notice was provided;
(BB) the
replacement well was
constructed within 660
feet of the well being
replaced; and
(CC) the pumping
capacity and case
diameter of the
replacement well do not
exceed the pumping
capacity and case
diameter of the well
being replaced.
(B) Effective date.--The waiver and release of
claims described in subparagraph (A) shall take effect
on the Enforceability Date.
(C) Retention of claims.--Notwithstanding the
waiver and release of claims described in subparagraph
(A), the Hualapai Tribe and the members of the Hualapai
Tribe (but not members in the capacity of the members
as allottees) shall retain any right--
(i) subject to subparagraph 12.7 of the
Hualapai Tribe water rights settlement
agreement, to assert claims for injuries to,
and seek enforcement of, the rights of the
Hualapai Tribe under the Hualapai Tribe water
rights settlement agreement or this title in
any Federal or State court of competent
jurisdiction;
(ii) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement;
(iii) to assert claims for water rights
based on State law for land owned or acquired
by the Hualapai Tribe in fee under subparagraph
4.8 of the Hualapai Tribe water rights
settlement agreement;
(iv) to object to any claims for water
rights or injury to water rights by or for any
Indian Tribe or the United States, acting on
behalf of any Indian Tribe;
(v) to assert past, present, or future
claims for injury to water rights against any
Indian Tribe or the United States, acting on
behalf of any Indian Tribe;
(vi) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under the Bill Williams agreements or the
Bill Williams Act in any Federal or State court
of competent jurisdiction;
(vii) subject to paragraphs (1), (3), (4),
and (5) of section 505(e), to assert the rights
of the Hualapai Tribe under any Colorado River
water entitlement purchased by or donated to
the Hualapai Tribe; and
(viii) to assert any claims for injury to
water rights arising after the Enforceability
Date for Hualapai land resulting from any off-
reservation diversion or use of groundwater,
without regard to quantity, from--
(I) any well constructed after the
date of the enactment of this title on
public domain land outside of the
Truxton Basin and not more than 2 miles
from the exterior boundaries of the
Hualapai Reservation, except for a
replacement well described in
subparagraph (A)(viii)(II), subject to
the authorizations and restrictions
regarding the location, size, and
operation of wells in the Bill Williams
River watershed, and the waivers of
claims, set forth in the Bill Williams
agreements and the Bill Williams Act;
(II) any well constructed on public
domain land within the Truxton Basin
for domestic purposes or stock watering
after the date on which the Secretary
has provided written notice to the
State pursuant to section 515(c)(2),
except for a replacement well described
in subparagraph (A)(ix)(I)(bb); and
(III) any well constructed on
public domain land within the Truxton
Basin for purposes other than domestic
purposes or stock watering after the
date of the enactment of this title, if
the Secretary has provided notice to
the State pursuant to section
515(c)(2), except for a replacement
well as described in subparagraph
(A)(ix)(II)(cc).
(b) Waivers and Releases of Claims by United States, Acting as
Trustee for Allottees.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the allottees of the
Hualapai Tribe, as part of the performance of the obligations
of the United States under the Hualapai Tribe water rights
settlement agreement and this title, is authorized to execute a
waiver and release of any claims against the State (or any
agency or political subdivision of the State), the Hualapai
Tribe, and any other individual, entity, corporation, or
municipal corporation under Federal, State, or other law, for
all--
(A) past, present, and future claims for water
rights, including rights to Colorado River water, for
the allotments, arising thereafter, forever, that are
based on the aboriginal occupancy of land by the
allottees or predecessors of the allottees from time
immemorial and, thereafter, forever;
(B) past, present, and future claims for water
rights, including rights to Colorado River water,
arising from time immemorial and,
(C) past and present claims for injury to water
rights, including injury to rights to Colorado River
water, for the allotments, arising from time immemorial
through the Enforceability Date;
(D) past, present, and future claims for injury to
water rights, if any, including injury to rights to
Colorado River water, arising from time immemorial and,
thereafter, forever, that are based on the aboriginal
occupancy of land by the allottees or predecessors of
the allottees;
(E) claims for injury to water rights, including
injury to rights to Colorado River water, arising after
the Enforceability Date, for the allotments, resulting
from the off-reservation diversion or use of water in a
manner not in violation of the Hualapai Tribe water
rights settlement agreement or State law;
(F) past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Hualapai Tribe water
rights settlement agreement, any judgment or decree
approving or incorporating the Hualapai Tribe water
rights settlement agreement, or this title; and
(G) claims for any water rights of the allottees or
the United States acting as trustee for the allottees
with respect to--
(i) Parcel 1, in excess of 82 AFY; or
(ii) Parcel 2, in excess of 312 AFY.
(2) Effective date.--The waiver and release of claims under
paragraph (1) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United
States, acting as trustee for the allottees of the Hualapai
Tribe, shall retain any right--
(A) subject to subparagraph 12.7 of the Hualapai
Tribe water rights settlement agreement, to assert
claims for injuries to, and seek enforcement of, the
rights of the allottees, if any, under the Hualapai
Tribe water rights settlement agreement or this title
in any Federal or State court of competent
jurisdiction;
(B) to assert claims for injuries to, and seek
enforcement of, the rights of the allottees under any
judgment or decree approving or incorporating the
Hualapai Tribe water rights settlement agreement;
(C) to object to any claims for water rights or
injury to water rights by or for--
(i) any Indian Tribe other than the
Hualapai Tribe; or
(ii) the United States, acting on behalf of
any Indian Tribe other than the Hualapai Tribe;
(D) to assert past, present, or future claims for
injury to water rights against--
(i) any Indian Tribe other than the
Hualapai Tribe; or
(ii) the United States, acting on behalf of
any Indian Tribe other than the Hualapai Tribe;
and
(E) to assert claims for injuries to, and seek
enforcement of, the rights of the allottees under the
Bill Williams agreements or the Bill Williams Act in
any Federal or State court of competent jurisdiction.
(c) Waiver and Release of Claims by United States Against Hualapai
Tribe.--
(1) In general.--Except as provided in paragraph (3), the
United States, in all capacities (except as trustee for an
Indian Tribe other than the Hualapai Tribe), as part of the
performance of the obligations of the United States under the
Hualapai Tribe water rights settlement agreement and this
title, is authorized to execute a waiver and release of all
claims against the Hualapai Tribe, the members of the Hualapai
Tribe, or any agency, official, or employee of the Hualapai
Tribe, under Federal, State or any other law for all--
(A) past and present claims for injury to water
rights, including injury to rights to Colorado River
water, resulting from the diversion or use of water on
Hualapai land arising from time immemorial through the
Enforceability Date;
(B) claims for injury to water rights, including
injury to rights to Colorado River water, arising after
the Enforceability Date, resulting from the diversion
or use of water on Hualapai land in a manner that is
not in violation of the Hualapai Tribe water rights
settlement agreement or State law; and
(C) past, present, and future claims arising out
of, or related in any manner to, the negotiation,
execution, or adoption of the Hualapai Tribe water
rights settlement agreement, any judgment or decree
approving or incorporating the Hualapai Tribe water
rights settlement agreement, or this title.
(2) Effective date.--The waiver and release of claims under
paragraph (1) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United States
shall retain any right to assert any claim not expressly waived
in accordance with that paragraph, including any right to
assert a claim for injury to, and seek enforcement of, any
right of the United States under the Bill Williams agreements
or the Bill Williams Act, in any Federal or State court of
competent jurisdiction.
(d) Bill Williams River Phase 2 Water Rights Settlement Agreement
Waiver, Release, and Retention of Claims.--
(1) Claims against freeport.--
(A) In general.--Except as provided in subparagraph
(C), the United States, acting solely on behalf of the
Department of the Interior (including the Bureau of
Land Management and the United States Fish and Wildlife
Service), as part of the performance of the obligations
of the United States under the Bill Williams River
phase 2 water rights settlement agreement, is
authorized to execute a waiver and release of all
claims of the United States against Freeport under
Federal, State, or any other law for--
(i) any past or present claim for injury to
water rights resulting from--
(I) the diversion or use of water
by Freeport pursuant to the water
rights described in Exhibit 4.1(ii) to
the Bill Williams River phase 2 water
rights settlement agreement; and
(II) any other diversion or use of
water for mining purposes authorized by
the Bill Williams River phase 2 water
rights settlement agreement;
(ii) any claim for injury to water rights
arising after the Bill Williams River Phase 2
Enforceability Date resulting from--
(I) the diversion or use of water
by Freeport pursuant to the water
rights described in Exhibit 4.1(ii) to
the Bill Williams River phase 2 water
rights settlement agreement in a manner
not in violation of the Bill Williams
River phase 2 water rights settlement
agreement;
(II) the diversion of up to 2,500
AFY of water by Freeport from Sycamore
Creek as permitted by section 4.3(iv)
of the Bill Williams River phase 2
water rights settlement agreement; and
(III) any other diversion or use of
water by Freeport authorized by the
Bill Williams River phase 2 water
rights settlement agreement, subject to
the condition that such a diversion and
use of water is conducted in a manner
not in violation of the Bill Williams
River phase 2 water rights settlement
agreement; and
(iii) any past, present, or future claim
arising out of, or relating in any manner to,
the negotiation or execution of the Bill
Williams River phase 2 water rights settlement
agreement, the Hualapai Tribe water rights
settlement agreement, or this title.
(B) Effective date.--The waiver and release of
claims under subparagraph (A) shall take effect on the
Bill Williams River Phase 2 Enforceability Date.
(C) Retention of claims.--The United States shall
retain all rights not expressly waived in the waiver
and release of claims under subparagraph (A),
including, subject to section 6.4 of the Bill Williams
River phase 2 water rights settlement agreement, the
right to assert a claim for injury to, and seek
enforcement of, the Bill Williams River phase 2 water
rights settlement agreement or this title, in any
Federal or State court of competent jurisdiction (but
not a Tribal court).
(2) No precedential effect.--
(A) Pending and future proceedings.--The Bill
Williams River phase 2 water rights settlement
agreement shall have no precedential effect in any
other administrative or judicial proceeding,
including--
(i) any pending or future general stream
adjudication, or any other litigation involving
Freeport or the United States, including any
proceeding to establish or quantify a Federal
reserved water right;
(ii) any pending or future administrative
or judicial proceeding relating to an
application--
(I) to appropriate water (for
instream flow or other purposes);
(II) to sever and transfer a water
right;
(III) to change a point of
diversion; or
(IV) to change a place of use for
any water right; and
(iii) any proceeding regarding water rights
or a claim relating to any Federal land.
(B) No methodology or standard.--Nothing in the
Bill Williams River phase 2 water rights settlement
agreement establishes any standard or methodology to be
used for the quantification of any claim to water
rights (whether based on Federal or State law) in any
judicial or administrative proceeding, other than a
proceeding to enforce the terms of the Bill Williams
River phase 2 water rights settlement agreement.
SEC. 510. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
(a) Hualapai Tribe and Members.--
(1) In general.--The benefits realized by the Hualapai
Tribe and the members of the Hualapai Tribe (but not members in
the capacity of the members as allottees) under the Hualapai
Tribe water rights settlement agreement, this title, the Bill
Williams agreements, and the Bill Williams Act shall be in full
satisfaction of all claims of the Hualapai Tribe, the members
of the Hualapai Tribe, and the United States, acting in the
capacity of the United States as trustee for the Hualapai Tribe
and the members of the Hualapai Tribe, for water rights and
injury to water rights under Federal, State, or other law with
respect to Hualapai land.
(2) Satisfaction.--Any entitlement to water of the Hualapai
Tribe and the members of the Hualapai Tribe (but not members in
the capacity of the members as allottees) or the United States,
acting in the capacity of the United States as trustee for the
Hualapai Tribe and the members of the Hualapai Tribe (but not
members in the capacity of the members as allottees), for
Hualapai land shall be satisfied out of the water resources and
other benefits granted, confirmed, quantified, or recognized by
the Hualapai Tribe water rights settlement agreement, this
title, the Bill Williams agreements, and the Bill Williams Act
to or for the Hualapai Tribe, the members of the Hualapai Tribe
(but not members in the capacity of the members as allottees),
and the United States, acting in the capacity of the United
States as trustee for the Hualapai Tribe and the members of the
Hualapai Tribe (but not members in the capacity of the members
as allottees).
(b) Allottee Water Claims.--
(1) In general.--The benefits realized by the allottees of
the Hualapai Tribe under the Hualapai Tribe water rights
settlement agreement, this title, the Bill Williams agreements,
and the Bill Williams Act shall be in complete replacement of
and substitution for, and full satisfaction of, all claims with
respect to allotments of the allottees and the United States,
acting in the capacity of the United States as trustee for the
allottees, for water rights and injury to water rights under
Federal, State, or other law.
(2) Satisfaction.--Any entitlement to water of the
allottees or the United States, acting in the capacity of the
United States as trustee for the allottees, for allotments
shall be satisfied out of the water resources and other
benefits granted, confirmed, or recognized by the Hualapai
Tribe water rights settlement agreement, this title, the Bill
Williams agreements, and the Bill Williams Act to or for the
allottees and the United States, acting as trustee for the
allottees.
(c) Effect.--Notwithstanding subsections (a) and (b), nothing in
this title or the Hualapai Tribe water rights settlement agreement--
(1) recognizes or establishes any right of a member of the
Hualapai Tribe or an allottee to water on Hualapai land; or
(2) prohibits the Hualapai Tribe or an allottee from
acquiring additional water rights by purchase of land, credits,
or water rights.
SEC. 511. LAND ADDED TO HUALAPAI RESERVATION.
The following land in the State is added to the Hualapai
Reservation:
(1) Public law 93-560.--The land held in trust by the
United States for the Hualapai Tribe pursuant to the first
section of Public Law 93-560 (88 Stat. 1820).
(2) 1947 judgment.--The land deeded to the United States in
the capacity of the United States as trustee for the Hualapai
Tribe pursuant to the 1947 judgment.
(3) Truxton triangle.--That portion of the S1/2 sec. 3,
lying south of the south boundary of the Hualapai Reservation
and north of the north right-of-way boundary of Arizona Highway
66, and bounded by the west section line of that sec. 3 and the
south section line of that sec. 3, T. 24 N., R. 12 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona.
(4) Hunt parcel 4.--SW1/4NE1/4 sec. 7, T. 25 N., R. 13 W.,
Gila and Salt River Base and Meridian, Mohave County, Arizona.
(5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona--
(A) NE1/4SW1/4 sec. 9; and
(B) NW1/4SE1/4 sec. 27.
(6) Hunt parcel 3.--SW1/4NE1/4 sec. 25, T. 27 N., R. 15 W.,
Gila and Salt River Base and Meridian, Mohave County, Arizona.
(7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona--
(A) SE1/4;
(B) E1/2 SW1/4; and
(C) SW1/4 SW1/4.
(8) Valentine cemetery parcel.--W1/2 NW1/4 SW1/4 sec. 22,
T. 23 N., R. 13 W., Gila and Salt River Base and Meridian,
Mohave County, Arizona, excepting and reserving to the United
States a right-of-way for ditches or canals constructed by the
authority of the United States, pursuant to the Act of August
30, 1890 (43 U.S.C. 945).
SEC. 512. TRUST LAND.
(a) Land to Be Taken Into Trust.--
(1) In general.--On the date of the enactment of this Act,
the Secretary is authorized and directed to take legal title to
the land described in paragraph (2) and hold such land in trust
for the benefit of the Hualapai Tribe.
(2) Cholla canyon ranch parcels.--The land referred to in
paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River
Base and Meridian, Mohave County, Arizona--
(A) SW1/4 sec. 25; and
(B) NE1/4 and NE1/4 SE1/4 sec. 35.
(b) Reservation Status.--The land taken into trust under subsection
(a) shall be part of the Hualapai Reservation and administered in
accordance with the laws and regulations generally applicable to land
held in trust by the United States for an Indian Tribe.
(c) Valid Existing Rights.--The land taken into trust under
subsection (a) shall be subject to valid existing rights, including
easements, rights-of-way, contracts, and management agreements.
(d) Limitations.--Nothing in subsection (a) affects--
(1) any water right of the Hualapai Tribe in existence
under State law before the date of the enactment of this Act;
or
(2) any right or claim of the Hualapai Tribe to any land or
interest in land in existence before the date of the enactment
of this title.
(e) Future Trust Land.--
(1) New statutory requirement.--Effective beginning on the
date of the enactment of this title, and except as provided in
subsection (a), any land located in the State outside the
exterior boundaries of the Hualapai Reservation may only be
taken into trust by the United States for the benefit of the
Hualapai Tribe by an Act of Congress--
(A) that specifically authorizes the transfer of
the land for the benefit of the Hualapai Tribe; and
(B) the date of the enactment of which is after the
date of the enactment of this title.
(2) Water rights.--Any land taken into trust for the
benefit of the Hualapai Tribe under paragraph (1)--
(A) shall include water rights only under State
law; and
(B) shall not include any federally reserved water
rights.
SEC. 513. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; WATER
DELIVERY CONTRACT; COLORADO RIVER ACCOUNTING.
(a) Reallocation to the Hualapai Tribe.--On the Enforceability
Date, the Secretary shall reallocate to the Hualapai Tribe the Hualapai
Tribe CAP water.
(b) Firming.--
(1) Hualapai tribe cap water.--Except as provided in
subsection (c)(2)(H), the Hualapai Tribe CAP water shall be
firmed as follows:
(A) In accordance with section 105(b)(1)(B) of the
Central Arizona Project Settlement Act of 2004 (Public
Law 108-451; 118 Stat. 3492), for the 100-year period
beginning on January 1, 2008, the Secretary shall firm
557.50 AFY of the Hualapai Tribe CAP water to the
equivalent of CAP M&I priority water.
(B) In accordance with section 105(b)(2)(B) of the
Central Arizona Project Settlement Act of 2004 (Public
Law 108-451; 118 Stat. 3492), for the 100-year period
beginning on January 1, 2008, the State shall firm
557.50 AFY of the Hualapai Tribe CAP water to the
equivalent of CAP M&I priority water.
(2) Additional firming.--The Hualapai Tribe may, at the
expense of the Hualapai Tribe, take additional actions to firm
or supplement the Hualapai Tribe CAP water, including by
entering into agreements for that purpose with the Central
Arizona Water Conservation District, the Arizona Water Banking
Authority, or any other lawful authority, in accordance with
State law.
(c) Hualapai Tribe Water Delivery Contract.--
(1) In general.--In accordance with the Hualapai Tribe
water rights settlement agreement and the requirements
described in paragraph (2), the Secretary shall enter into the
Hualapai Tribe water delivery contract.
(2) Requirements.--The requirements referred to in
paragraph (1) are the following:
(A) In general.--The Hualapai Tribe water delivery
contract shall--
(i) be for permanent service (as that term
is used in section 5 of the Boulder Canyon
Project Act (43 U.S.C. 617d));
(ii) take effect on the Enforceability
Date; and
(iii) be without limit as to term.
(B) Hualapai tribe cap water.--
(i) In general.--The Hualapai Tribe CAP
water may be delivered for use in the lower
basin in the State through--
(I) the Hualapai Water Project; or
(II) the CAP system.
(ii) Method of delivery.--The Secretary
shall authorize the delivery of Hualapai Tribe
CAP water under this subparagraph to be
effected by the diversion and use of water
directly from the Colorado River in the State.
(C) Contractual delivery.--The Secretary shall
deliver the Hualapai Tribe CAP water to the Hualapai
Tribe in accordance with the terms and conditions of
the Hualapai Tribe water delivery contract.
(D) Distribution of cap nia priority water.--
(i) In general.--Except as provided in
clause (ii), if, for any year, the available
CAP supply is insufficient to meet all demands
under CAP contracts and CAP subcontracts for
the delivery of CAP NIA priority water, the
Secretary and the CAP operating agency shall
prorate the available CAP NIA priority water
among the CAP contractors and CAP
subcontractors holding contractual entitlements
to CAP NIA priority water on the basis of the
quantity of CAP NIA priority water used by each
such CAP contractor and CAP subcontractor in
the last year in which the available CAP supply
was sufficient to fill all orders for CAP NIA
priority water.
(ii) Exception.--
(I) In general.--Notwithstanding
clause (i), if the available CAP supply
is insufficient to meet all demands
under CAP contracts and CAP
subcontracts for the delivery of CAP
NIA priority water in the year
following the year in which the
Enforceability Date occurs, the
Secretary shall assume that the
Hualapai Tribe used the full volume of
Hualapai Tribe CAP water in the last
year in which the available CAP supply
was sufficient to fill all orders for
CAP NIA priority water.
(II) Continuation.--The assumption
described in subclause (I) shall
continue until the available CAP supply
is sufficient to meet all demands under
CAP contracts and CAP subcontracts for
the delivery of CAP NIA priority water.
(III) Determination.--The Secretary
shall determine the quantity of CAP NIA
priority water used by the Gila River
Indian Community and the Tohono O'odham
Nation in the last year in which the
available CAP supply was sufficient to
fill all orders for CAP NIA priority
water in a manner consistent with the
settlement agreements with those
Tribes.
(E) Leases and exchanges of hualapai tribe cap
water.--On and after the date on which the Hualapai
Tribe water delivery contract becomes effective, the
Hualapai Tribe may, with the approval of the Secretary,
enter into contracts or options to lease, or contracts
or options to exchange, the Hualapai Tribe CAP water
within the lower basin in the State, and not in Navajo,
Apache, or Cochise counties, providing for the
temporary delivery to other persons of any portion of
Hualapai Tribe CAP water.
(F) Term of leases and exchanges.--
(i) Leasing.--Contracts or options to lease
under subparagraph (E) shall be for a term of
not more than 100 years.
(ii) Exchanging.--Contracts or options to
exchange under subparagraph (E) shall be for
the term provided for in the contract or
option, as applicable.
(iii) Renegotiation.--The Hualapai Tribe
may, with the approval of the Secretary,
renegotiate any lease described in subparagraph
(E), at any time during the term of the lease,
if the term of the renegotiated lease does not
exceed 100 years.
(G) Prohibition on permanent alienation.--No
Hualapai Tribe CAP water may be permanently alienated.
(H) No firming of leased water.--The firming
obligations described in subsection (b)(1) shall not
apply to any Hualapai Tribe CAP water leased by the
Hualapai Tribe to another person.
(I) Entitlement to lease and exchange funds;
obligations of united states.--
(i) Entitlement.--
(I) In general.--The Hualapai Tribe
shall be entitled to all consideration
due to the Hualapai Tribe under any
contract to lease, option to lease,
contract to exchange, or option to
exchange the Hualapai Tribe CAP water
entered into by the Hualapai Tribe.
(II) Exclusion.--The United States
shall not, in any capacity, be entitled
to the consideration described in
subclause (I).
(ii) Obligations of united states.--The
United States shall not, in any capacity, have
any trust or other obligation to monitor,
administer, or account for, in any manner, any
funds received by the Hualapai Tribe as
consideration under any contract to lease,
option to lease, contract to exchange, or
option to exchange the Hualapai Tribe CAP water
entered into by the Hualapai Tribe, except in a
case in which the Hualapai Tribe deposits the
proceeds of any lease, option to lease,
contract to exchange, or option to exchange
into an account held in trust for the Hualapai
Tribe by the United States.
(J) Water use and storage.--
(i) In general.--The Hualapai Tribe may use
the Hualapai Tribe CAP water on or off the
Hualapai Reservation within the lower basin in
the State for any purpose.
(ii) Storage.--The Hualapai Tribe, in
accordance with State law, may store the
Hualapai Tribe CAP water at 1 or more
underground storage facilities or groundwater
savings facilities, subject to the condition
that, if the Hualapai Tribe stores Hualapai
Tribe CAP water that has been firmed pursuant
to subsection (b)(1), the stored water may only
be--
(I) used by the Hualapai Tribe; or
(II) exchanged by the Hualapai
Tribe for water that will be used by
the Hualapai Tribe.
(iii) Assignment.--The Hualapai Tribe, in
accordance with State law, may assign any long-
term storage credit accrued as a result of
storage described in clause (ii), subject to
the condition that the Hualapai Tribe shall not
assign any long-term storage credit accrued as
a result of the storage of Hualapai Tribe CAP
water that has been firmed pursuant to
subsection (b)(1).
(K) Use limitation.--The Hualapai Tribe may not
use, lease, exchange, forbear, or otherwise transfer
any Hualapai Tribe CAP water for use directly or
indirectly outside of the lower basin in the State or
in Navajo, Apache, or Cochise counties.
(L) CAP fixed om&r charges.--
(i) In general.--The CAP operating agency
shall be paid the CAP fixed OM&R charges
associated with the delivery of all Hualapai
Tribe CAP water.
(ii) Payment of charges.--Except as
provided in subparagraph (O), all CAP fixed
OM&R charges associated with the delivery of
the Hualapai Tribe CAP water to the Hualapai
Tribe shall be paid by--
(I) the Secretary, pursuant to
section 403(f)(2)(A) of the Colorado
River Basin Project Act (43 U.S.C.
1543(f)(2)(A)), subject to the
condition that funds for that payment
are available in the Lower Colorado
River Basin Development Fund; and
(II) if the funds described in
subclause (I) become unavailable, the
Hualapai Tribe.
(M) CAP pumping energy charges.--
(i) In general.--The CAP operating agency
shall be paid the CAP pumping energy charges
associated with the delivery of Hualapai Tribe
CAP water only in cases in which the CAP system
is used for the delivery of that water.
(ii) Payment of charges.--Except for CAP
water not delivered through the CAP system,
which does not incur a CAP pumping energy
charge, or water delivered to other persons as
described in subparagraph (O), any applicable
CAP pumping energy charges associated with the
delivery of the Hualapai Tribe CAP water shall
be paid by the Hualapai Tribe.
(N) Waiver of property tax equivalency payments.--
No property tax or in-lieu property tax equivalency
shall be due or payable by the Hualapai Tribe for the
delivery of CAP water or for the storage of CAP water
in an underground storage facility or groundwater
savings facility.
(O) Lessee responsibility for charges.--
(i) In general.--Any lease or option to
lease providing for the temporary delivery to
other persons of any Hualapai Tribe CAP water
shall require the lessee to pay the CAP
operating agency all CAP fixed OM&R charges and
all CAP pumping energy charges associated with
the delivery of the leased water.
(ii) No responsibility for payment.--
Neither the Hualapai Tribe nor the United
States in any capacity shall be responsible for
the payment of any charges associated with the
delivery of the Hualapai Tribe CAP water leased
to other persons.
(P) Advance payment.--No Hualapai Tribe CAP water
shall be delivered unless the CAP fixed OM&R charges
and any applicable CAP pumping energy charges
associated with the delivery of that water have been
paid in advance.
(Q) Calculation.--The charges for delivery of the
Hualapai Tribe CAP water pursuant to the Hualapai Tribe
water delivery contract shall be calculated in
accordance with the CAP repayment stipulation.
(R) Cap repayment.--For purposes of determining the
allocation and repayment of costs of any stages of the
CAP system constructed after November 21, 2007, the
costs associated with the delivery of the Hualapai
Tribe CAP water, regardless of whether the Hualapai
Tribe CAP water is delivered for use by the Hualapai
Tribe or in accordance with any lease, option to lease,
exchange, or option to exchange providing for the
delivery to other persons of the Hualapai Tribe CAP
water, shall be--
(i) nonreimbursable; and
(ii) excluded from the repayment obligation
of the Central Arizona Water Conservation
District.
(S) Nonreimbursable cap construction costs.--
(i) In general.--With respect to the costs
associated with the construction of the CAP
system allocable to the Hualapai Tribe--
(I) the costs shall be
nonreimbursable; and
(II) the Hualapai Tribe shall have
no repayment obligation for the costs.
(ii) Capital charges.--No CAP water service
capital charges shall be due or payable for the
Hualapai Tribe CAP water, regardless of whether
the Hualapai Tribe CAP water is delivered--
(I) for use by the Hualapai Tribe;
or
(II) under any lease, option to
lease, exchange, or option to exchange
entered into by the Hualapai Tribe.
(d) Colorado River Accounting.--All Hualapai Tribe CAP water
diverted directly from the Colorado River shall be accounted for as
deliveries of CAP water within the State.
SEC. 514. ENFORCEABILITY DATE.
(a) In General.--Except as provided in subsection (d), the Hualapai
Tribe water rights settlement agreement, including the waivers and
releases of claims described in section 509, shall take effect and be
fully enforceable on the date on which the Secretary publishes in the
Federal Register a statement of findings that--
(1) to the extent the Hualapai Tribe water rights
settlement agreement conflicts with this title--
(A) the Hualapai Tribe water rights settlement
agreement has been revised through an amendment to
eliminate the conflict; and
(B) the revised Hualapai Tribe water rights
settlement agreement, including any exhibits requiring
execution by any party to the Hualapai Tribe water
rights settlement agreement, has been executed by the
required party;
(2) the waivers and releases of claims described in section
509 have been executed by the Hualapai Tribe and the United
States;
(3) the abstracts referred to in subparagraphs 4.8.1.2,
4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights
settlement agreement have been completed by the Hualapai Tribe;
(4) the full amount described in section 507(a)(1), as
adjusted by section 507(b), has been deposited in the Hualapai
Water Trust Fund Account;
(5) the Gila River adjudication decree has been approved by
the Gila River adjudication court substantially in the form of
the judgment and decree attached to the Hualapai Tribe water
rights settlement agreement as Exhibit 3.1.43, as amended to
ensure consistency with this title;
(6) the Secretary has executed the Hualapai Tribe water
delivery contract described in section 513(c); and
(7) the Secretary has issued the record of decision
required by section 508(d).
(b) Repeal on Failure to Meet Enforceability Date.--
(1) In general.--Except as provided in paragraph (2), if
the Secretary fails to publish in the Federal Register a
statement of findings under subsection (a) by April 15, 2029,
or such alternative later date as may be agreed to by the
Hualapai Tribe, the Secretary, and the State--
(A) this title is repealed;
(B) any action taken by the Secretary and any
contract or agreement entered into pursuant to this
title shall be void; and
(C) any amounts appropriated under section 507,
together with any investment earnings on those amounts,
less any amounts expended under section 506(a)(4)(B),
shall revert immediately to the general fund of the
Treasury.
(2) Severability.--Notwithstanding paragraph (1), if the
Secretary fails to publish in the Federal Register a statement
of findings under subsection (a) by April 15, 2029, or such
alternative later date as may be agreed to by the Hualapai
Tribe, the Secretary, and the State, section 511 and
subsections (a), (b), (c), and (d) of section 512 shall remain
in effect.
(c) Right to Offset.--If the Secretary has not published in the
Federal Register the statement of findings under subsection (a) by
April 15, 2029, or such alternative later date as may be agreed to by
the Hualapai Tribe, the Secretary, and the State, the United States
shall be entitled to offset any Federal amounts made available under
section 506(a)(4)(B) that were used or authorized for any use under
that section against any claim asserted by the Hualapai Tribe against
the United States described in section 509(a)(2)(A).
(d) Bill Williams River Phase 2 Enforceability Date.--
Notwithstanding any other provision of this title, the Bill Williams
River phase 2 water rights settlement agreement (including the waivers
and releases described in section 509(d) of this title and section 5 of
the Bill Williams River phase 2 water rights settlement agreement)
shall take effect and become enforceable among the parties to the Bill
Williams River phase 2 water rights settlement agreement on the date on
which all of the following conditions have occurred:
(1) The Hualapai Tribe water rights settlement agreement
has become enforceable pursuant to subsection (a).
(2) Freeport has submitted to the Arizona Department of
Water Resources a conditional withdrawal of any objection to
the Bill Williams River watershed instream flow applications
pursuant to section 4.4(i) of the Bill Williams River phase 2
water rights settlement agreement, which withdrawal shall take
effect on the Bill Williams River Phase 2 Enforceability Date
described in this subsection.
(3) Not later than the Enforceability Date, the Arizona
Department of Water Resources has issued an appealable,
conditional decision and order for the Bill Williams River
watershed instream flow applications pursuant to section
4.4(iii) of the Bill Williams River phase 2 water rights
settlement agreement, which order shall become nonconditional
and effective on the Bill Williams River Phase 2 Enforceability
Date described in this subsection.
(4) The conditional decision and order described in
paragraph (3)--
(A) becomes final; and
(B) is not subject to any further appeal.
SEC. 515. ADMINISTRATION.
(a) Limited Waiver of Sovereign Immunity.--
(1) Waiver.--
(A) In general.--In any circumstance described in
paragraph (2)--
(i) the United States or the Hualapai Tribe
may be joined in the action described in the
applicable subparagraph of that paragraph; and
(ii) subject to subparagraph (B), any claim
by the United States or the Hualapai Tribe to
sovereign immunity from the action is waived.
(B) Limitation.--A waiver under subparagraph
(A)(ii)--
(i) shall only be for the limited and sole
purpose of the interpretation or enforcement
of--
(I) this title;
(II) the Hualapai Tribe water
rights settlement agreement, as
ratified by this title; or
(III) the Bill Williams River phase
2 water right settlement agreement, as
ratified by this title; and
(ii) shall not include any award against
the United States or the Hualapai Tribe for
money damages, court costs, or attorney fees.
(2) Circumstances described.--A circumstance referred to in
paragraph (1)(A) is any of the following:
(A) Any party to the Hualapai Tribe water rights
settlement agreement--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) this title; or
(II) the Hualapai Tribe water
rights settlement agreement; and
(ii) names the United States or the
Hualapai Tribe as a party in that action.
(B) Any landowner or water user in the Verde River
Watershed--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) paragraph 10.0 of the Hualapai
Tribe water rights settlement
agreement;
(II) Exhibit 3.1.43 to the Hualapai
Tribe water rights settlement
agreement; or
(III) section 509; and
(ii) names the United States or the
Hualapai Tribe as a party in that action.
(C) Any party to the Bill Williams River phase 2
settlement agreement--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) this title; or
(II) the Bill Williams River phase
2 settlement agreement; and
(ii) names the United States or the
Hualapai Tribe as a party in that action.
(b) Effect on Current Law.--Nothing in this section alters the law
with respect to pre-enforcement review of Federal environmental or
safety-related enforcement actions.
(c) Basin Groundwater Withdrawal Estimates.--
(1) Groundwater withdrawal estimates.--
(A) In general.--Not later than 1 year of the date
of the enactment of this title, the Secretary, acting
through the United States Geological Survey Water Use
Program, shall issue an estimate for groundwater
withdrawals in the Truxton Basin outside the boundaries
of the Hualapai Reservation.
(B) Annual estimates.--Each year after publication
of the initial estimate required by subparagraph (A),
the Secretary, acting through the United States
Geological Survey Water Use Program, shall issue an
estimate for groundwater withdrawals in the Truxton
Basin outside the boundaries of the Hualapai
Reservation until such time as the Secretary, after
consultation with the Hualapai Tribe, determines that
annual estimates are not warranted.
(2) Notice to the state.--Based on the estimates under
paragraph (1), the Secretary shall notify the State, in
writing, if the total withdrawal of groundwater from the
Truxton Basin outside the boundaries of the Hualapai
Reservation exceeds the estimate prepared pursuant to that
paragraph by 3,000 or more AFY, exclusive of any diversion or
use of groundwater on Hualapai fee land and any land acquired
by the Hualapai Tribe, including by a tribally owned
corporation, in fee after the Enforceability Date.
(d) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this title, the United States shall not be
liable for any failure of the United States to carry out any obligation
or activity authorized by this title (including all agreements or
exhibits ratified or confirmed by this title) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out the purposes of this title; or
(2) there are not enough monies available to carry out this
title in the Lower Colorado River Basin Development Fund.
(e) Application of Reclamation Reform Act of 1982.--The Reclamation
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage
limitation or full-cost pricing provision of Federal law shall not
apply to any person, entity, or tract of land solely on the basis of--
(1) receipt of any benefit under this title;
(2) execution or performance of this title; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
(f) Effect.--
(1) No modification or preemption of other law.--Unless
expressly provided in this title, nothing in this title
modifies, conflicts with, preempts, or otherwise affects--
(A) the Boulder Canyon Project Act (43 U.S.C. 617
et seq.);
(B) the Boulder Canyon Project Adjustment Act (43
U.S.C. 618 et seq.);
(C) the Act of April 11, 1956 (commonly known as
the ``Colorado River Storage Project Act'') (43 U.S.C.
620 et seq.);
(D) the Colorado River Basin Project Act (Public
Law 90-537; 82 Stat. 885);
(E) the Treaty between the United States of America
and Mexico respecting utilization of waters of the
Colorado and Tijuana Rivers and of the Rio Grande,
signed at Washington February 3, 1944 (59 Stat. 1219);
(F) the Colorado River Compact;
(G) the Upper Colorado River Basin Compact;
(H) the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991); or
(I) case law concerning water rights in the
Colorado River system other than any case to enforce
the Hualapai Tribe water rights settlement agreement or
this title.
(2) Effect on agreements.--Nothing in this title or the
Hualapai Tribe water rights settlement agreement limits the
right of the Hualapai Tribe to enter into any agreement for the
storage or banking of water in accordance with State law with--
(A) the Arizona Water Banking Authority (or a
successor agency or entity); or
(B) any other lawful authority.
(3) Effect of title.--Nothing in this title--
(A) quantifies or otherwise affects the water
rights, claims, or entitlements to water of any Indian
Tribe other than the Hualapai Tribe;
(B) affects the ability of the United States to
take action on behalf of any Indian Tribe other than
the Hualapai Tribe, the members of the Hualapai Tribe,
and the allottees; or
(C) limits the right of the Hualapai Tribe to use
any water of the Hualapai Tribe in any location on the
Hualapai Reservation.
TITLE VI--WATER DATA
SEC. 601. DEFINITIONS.
In this title:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee on Water Information established
by section 604(a).
(2) Council.--The term ``Council'' means the Water Data
Council established under section 603(a).
(3) Data standards.--The term ``data standards'' means
standards relating to the manner in which data and metadata are
to be structured, populated, and encoded in machine-readable
formats, and made interoperable for data exchange.
(4) Departments.--The term ``Departments'' means each of
the following:
(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Energy.
(E) The Department of Health and Human Services.
(F) The Department of Homeland Security.
(G) The Department of the Interior.
(H) The Environmental Protection Agency.
(I) The National Aeronautics and Space
Administration.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) National water data framework.--The term ``National
Water Data Framework'' means the national water data framework
developed under section 602.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Water data.--The term ``water data'' means measurements
and observations of basic properties relating to the planning
and management of water resources, including streamflow,
precipitation, groundwater, soil moisture, snow, evaporation,
water quality, and water use in agriculture, industry, natural
systems, and municipal uses.
(9) Water data grant program.--The term ``Water Data Grant
Program'' means the water data grant program established under
section 605(a).
(10) Water data infrastructure.--The term ``water data
infrastructure'' means an integrated system of information
technologies that includes common data standards and metadata,
data formats, geospatial referencing, and tools to make water
data available, easy to find, access, and share online.
SEC. 602. NATIONAL WATER DATA FRAMEWORK.
(a) In General.--For the purpose of improving water resources
management and access across the United States, including addressing
drought, floods, and other water management challenges, the heads of
the Departments shall jointly develop and implement a national water
data framework for observing, integrating, sharing, and using water
data.
(b) Requirements.--In developing and implementing the National
Water Data Framework, the Departments shall--
(1) identify and prioritize key water data needed to
support water resources management and planning, including--
(A) water data sets, types, observations, and
associated metadata; and
(B) water data infrastructure, technologies, and
tools;
(2) develop and adopt common national water data standards
for collecting, sharing, and integrating water data,
infrastructure, technologies, and tools in consultation with
States, Indian Tribes, local governments, and relevant bodies;
(3) ensure that Federal water data are made findable,
accessible, interoperable, and reusable in accordance with the
standards developed and adopted pursuant to this title;
(4) integrate water data and tools through common
approaches to data and observing infrastructure, platforms,
models, and tool development;
(5) establish a common, national geospatial index for
publishing and linking water data from Federal, State, Tribal,
and other non-Federal sources for online discovery;
(6) harmonize and align policies, programs, protocols,
budgets, and funding programs relating to water data to achieve
the purposes of this title, as appropriate;
(7) participate in and coordinate water data activities
with the Council; and
(8) support the adoption of new technologies and the
development of tools for water data collection, observing,
sharing, and standardization by Federal, State, Tribal, local,
and other entities.
SEC. 603. WATER DATA COUNCIL.
(a) In General.--The heads of the Departments shall establish an
interagency Council, to be known as the ``Water Data Council'', to
support the development and implementation of the National Water Data
Framework.
(b) Membership.--
(1) Duties of secretary.--The Secretary, acting through the
Director of the United States Geological Survey, shall--
(A) serve as the Chair of the Council;
(B) in collaboration with the Administrators of the
National Oceanic and Atmospheric Administration and
Environmental Protection Agency, and the Director of
the Office of Science and Technology Policy, convene
the Council not less frequently than 4 times each year;
and
(C) provide staff support for the Council through
the United States Geological Survey.
(2) Members.--Council Members shall include the heads of
the following entities:
(A) The Departments.
(B) Bureaus and offices of the Departments that
have a significant role or interest in water data,
including--
(i) the Corps of Engineers;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau of Reclamation;
(iv) the Federal Emergency Management
Agency;
(v) the Federal Energy Regulatory
Commission;
(vi) the United States Fish and Wildlife
Service;
(vii) the Indian Health Service;
(viii) the Forest Service;
(ix) the National Laboratories;
(x) the Natural Resources Conservation
Service;
(xi) the National Oceanic and Atmospheric
Administration; and
(xii) the Rural Development program of the
Department of Agriculture.
(C) Offices of the Executive Office of the
President, including--
(i) the Council on Environmental Quality;
(ii) the Office of Management and Budget;
and
(iii) the Office of Science and Technology
Policy.
(D) Other Federal entities that the Chair and a
majority of the members of the Council described in
subparagraphs (A) through (C) determine to be
appropriate.
(c) Duties.--The Council shall--
(1) support the development and implementation of the
National Water Data Framework; and
(2) facilitate communication and collaboration among
members of the Council--
(A) to establish, adopt, and implement common
national water data standards;
(B) to promote water data sharing and integration
across Federal departments and agencies, including--
(i) water data collection, observation,
documentation, maintenance, distribution, and
preservation strategies; and
(ii) development and use of water data
infrastructure, tools, and technologies to
support water management and planning;
(C) to align the policies, programs, protocols,
budgets, and funding programs relating to water data of
the members of the Council, as appropriate; and
(D) to promote partnerships across Federal entities
and non-Federal entities--
(i) to advance innovation and solutions in
water data, technology, tools, planning, and
management; and
(ii) to develop guidelines for data sharing
and protecting data privacy and security.
(d) Water Data Council Reports.--Not later than 180 days after the
date of enactment of this Act, and annually thereafter, in conjunction
with the annual budget submission of the President to Congress under
section 1105(a) of title 31, United States Code, the Secretary, acting
on behalf of the Council, shall submit to members of the Council and
the appropriate committees of Congress and make available publicly
online a report that describes--
(1) the National Water Data Framework;
(2) the actions undertaken by the Departments to implement
this title pursuant to section 602;
(3) key water data sets, types, and infrastructure needed
to support water management and planning;
(4) goals, targets, and actions to carry out the National
Water Data Framework in the subsequent fiscal year;
(5) a summary and evaluation of the progress of the
Departments in achieving any prior goals, targets, and actions
to carry out the National Water Data Framework;
(6) recommendations to align policies, programs, and
budgetary resources to carry out the National Water Data
Framework, where appropriate, in the subsequent fiscal year;
(7) grants and assistance provided to State, Tribal, and
local entities toward the development and adoption of new
technologies and tools;
(8) opportunities to develop and incentivize the deployment
of promising next-generation technologies, including new water
data technologies and tools, in partnership with the private
sector and others to accomplish the purposes of this title; and
(9) metrics for achieving the National Water Data
Framework.
SEC. 604. ADVISORY COMMITTEE ON WATER INFORMATION.
(a) Establishment.--There is established within the Department of
the Interior an advisory committee, to be known as the ``Advisory
Committee on Water Information'', to advise the Secretary, Departments,
and Council on the development and implementation of the National Water
Data Framework.
(b) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of members, to be appointed by the Secretary, in consultation
with the Administrators of the National Oceanic and Atmospheric
Administration and the Environmental Protection Agency, in a
manner that provides for--
(A) balanced representation among various entities
involved in water-related activities; and
(B) consideration for a geographic balance of
individuals representing localities across the United
States.
(2) Selection.--Members of the Advisory Committee shall be
selected by the Secretary from among entities involved in
water-related activities, including--
(A) States;
(B) Indian Tribes;
(C) local governments;
(D) Federal entities;
(E) water agencies, utilities, conservation
districts, irrigation districts, acequias, and other
water user associations;
(F) organizations that facilitate collaboration
across States and multi-state instrumentalities;
(G) educational institutions;
(H) professional organizations;
(I) water data and technology-related experts,
professionals, and industries;
(J) private sector entities; and
(K) nonprofit organizations.
(3) Term.--Members of the Advisory Committee shall be
appointed by the Secretary for a term not to exceed 4 years.
(c) Chair.--The Secretary shall serve as the Chair of the Advisory
Committee.
(d) Staff Support.--The United States Geological Survey shall
provide support services for the Advisory Committee.
(e) Meetings.--The Advisory Committee shall meet at the call of the
Chair, but not less frequently than 4 times each year.
(f) Duties.--The duties of the Advisory Committee are to advise the
Secretary, Departments, and Council on--
(1) the development and implementation of the National
Water Data Framework;
(2) efforts to operate a cost-effective national network of
water data collection and analysis that meets the priority
water information needs of the Federal Government and, to the
extent practicable using available resources, the needs of the
non-Federal community that are tied to national interests;
(3) efforts to develop uniform standards, guidelines, and
procedures for the collection, analysis, management, and
dissemination of water information to improve quality,
consistency, and accessibility nationwide; and
(4) the effectiveness of existing water information
programs and recommended modifications needed to respond to
changes in legislation, technology, and other conditions.
(g) Coordination.--To the extent practicable, the Advisory
Committee shall coordinate with the National Water Quality Monitoring
Council and other water data related entities convened by the Federal
Government.
(h) Report.--Not later than two years after the date of enactment
of this Act, and every two years thereafter, the Advisory Committee
shall submit a report of activities carried out by the Advisory
Committee and a recommendation to continue, modify the duties of, or
terminate the Advisory Committee.
(i) Applicability of FACA.--
(1) In general.--Except as provided in paragraph (2), the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Advisory Committee.
(2) No termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
SEC. 605. WATER DATA GRANT PROGRAM.
(a) In General.--The Secretary shall establish a water data grant
program under which the Secretary shall award grants--
(1) to support non-Federal entities in making water data
sets findable, accessible, interoperable, and reusable in
accordance with the water data standards established under this
title;
(2) to advance the development of water data
infrastructure, observations, tools, and technologies to
facilitate the sharing and use of water data;
(3) to support programs and projects that facilitate water
data sharing and use in water resources management and the
implementation of the National Water Data Framework; and
(4) to provide a prize for accelerating innovation and
developing next-generation water data tools and technologies.
(b) Coordination With the Council.--The Secretary shall consult and
coordinate with the Council in creating and implementing the Water Data
Grant Program to ensure that--
(1) the Water Data Grant Program is aligned with and
carries out the purposes of this title; and
(2) grants and programs are harmonized across the
Departments and members of the Council to achieve the purposes
of this title, as appropriate.
(c) Eligible Entities.--An entity eligible for a grant under the
Water Data Grant Program--
(1) shall demonstrate significant needs or capabilities for
advancing water data sharing and tools with a significant
public benefit; and
(2) may include--
(A) a State, multistate instrumentality, Indian
Tribe, or other unit of local government;
(B) a water agency, utility, conservation district,
irrigation district, acequia, mutual domestic
association, or other entity organized pursuant to
Federal, Tribal, or local laws for the purpose of
water-related activities;
(C) an educational institution or nonprofit
organization; and
(D) in the case of carrying out activities
described in subsection (a)(4)--
(i) an individual who is a citizen or legal
resident of the United States; or
(ii) an entity that is incorporated and
maintains the primary place of business of the
entity in the United States.
(d) Requirements.--
(1) Data sharing and standards.--Any project funded through
the Water Data Grant Program shall be implemented in accordance
with the water data standards established under section 602.
(2) Use of existing water data infrastructure.--The
recipient of a grant shall, to the extent practicable, leverage
existing water data and water data infrastructure.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, in conjunction with the annual
budget submission of the President to Congress under section 1105(a) of
title 31, United States Code, the Secretary shall submit to Congress a
report that describes the implementation of the Water Data Grant
Program, including--
(1) a description of the use and deployment of amounts made
available under the Water Data Grant Program;
(2) an accounting of all grants awarded under the Water
Data Grant Program, including a description of--
(A) each grant recipient; and
(B) each project funded under the Water Data Grant
Program;
(3) an assessment of the success of the Water Data Grant
Program in advancing the purposes of this title; and
(4) a plan for the subsequent fiscal year to achieve the
purposes of this title.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Water Data Grant Program
$25,000,000 for each of fiscal years 2023 through 2027, to remain
available until expended.
(g) Administrative Costs.--Of the funds authorized to be
appropriated under subsection (f), not more than 3 percent is
authorized to be appropriated for administrative costs to carry out the
Water Data Grant Program.
SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out sections 602 through 604 $15,000,000 for each of
fiscal years 2023 through 2027, to remain available until expended.
(b) Transfer of Funds.--The Secretary may, to the extent provided
in advance in appropriations Acts, transfer to the Departments,
including the Environmental Protection Agency, funds made available
under subsection (a) to carry out sections 602 through 604.
TITLE VII--NOGALES WASTEWATER IMPROVEMENT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Nogales Wastewater Improvement Act
of 2022''.
SEC. 702. AMENDMENTS TO THE ACT OF JULY 27, 1953.
The first section of the Act of July 27, 1953 (67 Stat. 195,
chapter 242; 22 U.S.C. 277d-10), is amended by striking the period at
the end and inserting ``: Provided further, That the equitable portion
of the Nogales sanitation project for the city of Nogales, Arizona,
shall be limited to the costs directly associated with the treatment
and conveyance of the wastewater of the city and, to the extent
practicable, shall not include any costs directly associated with the
quality or quantity of wastewater originating in Mexico.''.
SEC. 703. NOGALES SANITATION PROJECT.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Nogales,
Arizona.
(2) Commission.--The term ``Commission'' means the United
States Section of the International Border and Water
Commission.
(3) International outfall interceptor.--The term
``International Outfall Interceptor'' means the pipeline that
conveys wastewater from the United States-Mexico border to the
Nogales International Wastewater Treatment Plant.
(4) Nogales international wastewater treatment plant.--The
term ``Nogales International Wastewater Treatment Plant'' means
the wastewater treatment plant that--
(A) is operated by the Commission;
(B) is located in Rio Rico, Santa Cruz County,
Arizona, after manhole 99; and
(C) treats sewage and wastewater originating from--
(i) Nogales, Sonora, Mexico; and
(ii) Nogales, Arizona.
(b) Ownership and Control.--
(1) In general.--Subject to paragraph (2) and in accordance
with authority under the Act of July 27, 1953 (67 Stat. 195,
chapter 242; 22 U.S.C. 277d-10 et seq.), on transfer by
donation from the City of the current stake of the City in the
International Outfall Interceptor to the Commission, the
Commission shall enter into such agreements as are necessary to
assume full ownership and control over the International
Outfall Interceptor.
(2) Agreements required.--The Commission shall assume full
ownership and control over the International Outfall
Interceptor under paragraph (1) after all applicable governing
bodies in the State of Arizona, including the City, have--
(A) signed memoranda of understanding granting to
the Commission access to existing easements for a right
of entry to the International Outfall Interceptor for
the life of the International Outfall Interceptor;
(B) entered into an agreement with respect to the
flows entering the International Outfall Interceptor
that are controlled by the City; and
(C) agreed to work in good faith to expeditiously
enter into such other agreements as are necessary for
the Commission to operate and maintain the
International Outfall Interceptor.
(c) Operations and Maintenance.--
(1) In general.--Beginning on the date on which the
Commission assumes full ownership and control of the
International Outfall Interceptor under subsection (b)(1), but
subject to subsection (e), the Commission shall be responsible
for the operations and maintenance of the International Outfall
Interceptor.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Commission to carry out this
subsection, to remain available until expended--
(A) $4,400,000 for fiscal year 2023; and
(B) not less than $2,500,000 for fiscal year 2024
and each fiscal year thereafter.
(d) Debris Screen.--
(1) Debris screen required.--
(A) In general.--The Commission shall construct,
operate, and maintain a debris screen at Manhole One of
the International Outfall Interceptor for intercepting
debris and drug bundles coming to the United States
from Nogales, Sonora, Mexico.
(B) Requirement.--In constructing and operating the
debris screen under subparagraph (A), the Commission
and the Commissioner of U.S. Customs and Border
Protection shall coordinate--
(i) the removal of drug bundles and other
illicit goods caught in the debris screen; and
(ii) other operations at the International
Outfall Interceptor that require coordination.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Commission, to remain available until
expended--
(A) $11,900,000 for fiscal year 2023 for
construction of the debris screen described in
paragraph (1)(A); and
(B) $2,200,000 for fiscal year 2024 and each fiscal
year thereafter for the operations and maintenance of
the debris screen described in paragraph (1)(A).
(e) Limitation of Claims.--Chapter 171 and section 1346(b) of title
28, United States Code (commonly known as the ``Federal Tort Claims
Act''), shall not apply to any claim arising from the activities of the
Commission in carrying out this section, including any claim arising
from damages that result from overflow of the International Outfall
Interceptor due to excess inflow to the International Outfall
Interceptor originating from Nogales, Sonora, Mexico.
TITLE VIII--RIO GRANDE WATER SECURITY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Rio Grande Water Security Act''.
Subtitle A--Rio Grande Water Security
SEC. 811. DEFINITIONS.
In this subtitle:
(1) Basin plan.--The term ``Basin Plan'' means the
integrated water resources management plan for the Rio Grande
Basin developed under section 812(a).
(2) Basin state.--The term ``Basin State'' means each of
the following States:
(A) Colorado.
(B) New Mexico.
(C) Texas, which shall participate upon consent and
agreement by the State of Texas, acting through the
Texas Commission on Environmental Quality.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Nature-based feature.--The term ``nature-based
feature'' has the meaning given the term in section 9502 of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362).
(5) Rio grande basin.--The term ``Rio Grande Basin'' means
the mainstem of the Rio Grande from the headwaters of the Rio
Grande in Colorado to the mouth of the Rio Grande and any
hydrologically connected groundwater, aquifers, and tributaries
within the Basin States.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Working group.--The term ``Working Group'' means the
Rio Grande Basin Working Group convened under section 812(a).
SEC. 812. INTEGRATED WATER RESOURCES MANAGEMENT PLAN FOR THE RIO GRANDE
BASIN.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall convene a Federal Working
Group, to be known as the ``Rio Grande Basin Working Group'', to
consult and collaborate with the Basin States, Indian Tribes, units of
local government, irrigation districts, conservation districts,
acequias, land grant-mercedes, and other local partners in the Rio
Grande Basin to develop and implement an integrated water resources
management plan for the Rio Grande Basin using the best available
science, data, and local knowledge.
(b) Purpose.--The purpose of the Basin Plan is to improve--
(1) water security and quality for communities throughout
the Rio Grande Basin;
(2) river and watershed health for ecosystems, fish, and
wildlife in the Rio Grande Basin;
(3) the resilience of communities and ecosystems in the Rio
Grande Basin to drought and hydrologic change; and
(4) consultation, collaboration, and partnerships among
Federal agencies, Basin States, Indian Tribes, and local
partners within the Rio Grande Basin.
(c) Requirements.--The Basin Plan shall include--
(1) a list of recommended projects and activities to
achieve the purpose described in subsection (b), using the best
available science for current and future conditions in the Rio
Grande Basin, including recommendations for--
(A) improving infrastructure design, maintenance,
repair, planning, management, and operations throughout
the Rio Grande Basin;
(B) improving science, data, monitoring, and
collaboration to improve understanding of the Rio
Grande Basin, including--
(i) the hydrology and other processes of
the Rio Grande Basin; and
(ii) the long-term availability of water
across the Rio Grande Basin;
(C) increasing water conservation in the Rio Grande
Basin through partnerships with communities and water
users;
(D) investments in nature-based features,
infrastructure, and habitat improvements to improve
river health, resilience, water security, and hazard
mitigation in the Rio Grande Basin;
(E) updating reservoir operations authorities and
water control manuals; and
(F) improving consultation, collaboration, and
partnerships throughout the Rio Grande Basin to achieve
the objectives described in subparagraphs (A) through
(E);
(2) a list of potential changes to existing Federal
authorities that may be needed to implement the Basin Plan; and
(3) a timeline for implementing the Basin Plan over a 30-
year period.
(d) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall--
(1) submit the Basin Plan to--
(A) the appropriate committees of Congress; and
(B) the Basin States, Indian Tribes located within
the Rio Grande Basin, and local partners; and
(2) make the Basin Plan publicly available online.
(e) Implementation.--
(1) In general.--On submission of the Basin Plan to
Congress under subsection (d)(1)(A), the relevant agencies of
the Working Group may implement recommended projects and
activities from the Basin Plan to achieve the purposes of this
subtitle, including--
(A) water conservation and restoration projects;
(B) streamflow and groundwater recharge
improvements;
(C) optimization of Federal project management,
including--
(i) improvements and flexibility in
reservoir, irrigation, and flood control
project operations; and
(ii) updates and amendments to particular
reservoir operations authorities, contracts,
and water control manuals within the Rio Grande
Basin, consistent with the recommendations
provided in subsection (c)(1)(E);
(D) studies of relevant projects and activities
requiring further authorization;
(E) the establishment of a collaborative science,
data, and monitoring program for the Rio Grande Basin;
and
(F) the establishment of a coordinated technical
assistance program to support Rio Grande Basin
stakeholders in accessing resources and programs to
achieve the purposes of this subtitle.
(2) Waiver.--In implementing this subsection, the relevant
agencies of the Working Group may waive or reduce Federal cost-
share requirements for projects and activities that demonstrate
significant public benefits in accordance with the purpose
described in subsection (b).
(f) Requirements.--The projects and activities implemented pursuant
to subsection (e) shall be--
(1) subject to required authorization and appropriation by
Congress;
(2) contingent on the completion of applicable feasibility
studies, environmental reviews, and cost-benefit analyses that
include favorable recommendations for the proposed projects and
activities; and
(3) implemented--
(A) in accordance with applicable law, including--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(iii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(B) in consultation with and in accordance with
State, Tribal, and local authorities in the Basin
States;
(C) within the State of Colorado--
(i) only upon the consent of the State of
Colorado, acting through the Colorado Division
of Water Resources; and
(ii) rely on and not duplicate existing
studies and models developed and maintained by
the State of Colorado to the greatest extent
practicable;
(D) in accordance with interstate and international
agreements applicable to the Rio Grande Basin; and
(E) in accordance with the water rights of any
Indian Tribe or agreements between any Indian Tribe and
the United States.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the heads of the agencies represented on the Working
Group such sums as are necessary to carry out this subtitle for each of
fiscal years 2023 through 2052.
SEC. 813. RIO GRANDE BASIN WORKING GROUP.
(a) Composition.--The Working Group shall be composed of the
following members:
(1) The Administrator of the Environmental Protection
Agency.
(2) The Assistant Secretary of the Army for Civil Works.
(3) The Chief of the Forest Service.
(4) The Chief of the Natural Resources Conservation
Service.
(5) The Commissioner of the International Boundary and
Water Commission.
(6) The Commissioner of Reclamation.
(7) The Director of any National Laboratory located in a
Basin State.
(8) The Director of the Bureau of Indian Affairs.
(9) The Director of the Bureau of Land Management.
(10) The Director of the National Park Service.
(11) The Director of the United States Fish and Wildlife
Service.
(12) The Director of the United States Geological Survey.
(13) The Secretary of Energy.
(14) The Under Secretary for Rural Development.
(15) The heads of any other relevant Federal agencies, as
determined to be appropriate by a majority of the members of
the Working Group described in paragraphs (1) through (14).
(b) Duties.--The Working Group shall consult, collaborate, and work
with Basin States, Indian Tribes located within the Rio Grande Basin,
and local partners--
(1) to develop and implement a Basin Plan; and
(2) on submission of the Basin Plan to Congress under
section 812(d)(1)(A), to support ongoing collaboration across
the Rio Grande Basin among Federal stakeholders and non-Federal
stakeholders within the Rio Grande Basin.
SEC. 814. EFFECT OF SUBTITLE.
Nothing in this subtitle--
(1) affects, waives, abrogates, diminishes, defines, or
interprets any water right of any Indian Tribe or agreement
between any Indian Tribe and the United States;
(2) affects a contract or benefit in existence on the date
of enactment of this Act that was executed pursuant to the
reclamation laws, unless otherwise agreed to by the parties to
the contract or benefit;
(3) amends, modifies, or is in conflict with any interstate
or international agreement regarding the Rio Grande and the
waters of the Rio Grande, or any other interstate compact or
agreement regarding water, including the Rio Grande Compact
consented to by Congress in the Act of May 31, 1939 (53 Stat.
785. Ch.155), or the Colorado River Compact consented to by
Congress in the Act of August 19, 1921 (42 Stat. 171, Ch. 72),
the 1906 Convention, the 1944 Treaty with Mexico, and Upper
Colorado River Basin Compact consented to by Congress in the
Act of April 6, 1949 (63 Stat. 31);
(4) affects any ongoing treaty obligations;
(5) changes the commitments and requirements contained in
Public Law 92-514 concerning the Closed Basin Project; or
(6) limits or affects any Basin State or Indian Tribe in
the management of water quantity or quality in accordance with
State or Tribal laws, as applicable.
Subtitle B--Pueblo Irrigation
SEC. 821. REAUTHORIZATION OF PUEBLO IRRIGATION INFRASTRUCTURE GRANTS.
Section 9106(g)(2) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1309) is amended--
(1) by striking ``is authorized'' and inserting ``are
authorized''; and
(2) by striking ``$6,000,000'' and all that follows through
the period at the end and inserting ``such sums as are
necessary for each of fiscal years 2022 through 2032.''.
DIVISION C--OTHER FIRE, DROUGHT, AND EXTREME WEATHER PROGRAMS
TITLE I--INFRASTRUCTURE, ENERGY, AND ASSISTANCE
SEC. 101. NATURAL DISASTER GRID MITIGATION MAP.
(a) Establishment.--The Secretary shall establish and maintain a
Natural Disaster Grid Mitigation Map that identifies critical electric
grid infrastructure in each State that is vulnerable to natural
disasters.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary
shall develop a report that--
(A) analyzes how vulnerable critical electric grid
infrastructure in each State is to natural disasters;
and
(B) identifies parts of such critical electric grid
infrastructure that are high risk for energy
disruptions caused by natural disasters.
(2) Availability.--The Secretary shall make the report
developed under paragraph (1) available to other relevant
Federal agencies to consider when funding disaster mitigation
and resiliency efforts.
(c) Definitions.--In this section:
(1) Critical electric grid infrastructure.--The term
``critical electric grid infrastructure'' includes transmission
lines of 66 kilovolt-amperes and above and other
infrastructure, as determined by the Secretary.
(2) Natural disaster.--The term ``natural disaster'' means
a wildfire, hurricane, tornado, extreme temperature, storm,
flood, earthquake, volcanic eruption, or other natural
occurrence of such magnitude or severity so as to be considered
disastrous, as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, any territory or possession
of the United States, and any federally recognized Indian
Tribe.
SEC. 102. INTERREGIONAL MINIMUM TRANSFER CAPABILITY REQUIREMENTS.
(a) Finding.--Congress finds that extreme weather is increasing in
frequency and poses a significant risk to the reliability of the
electric grid.
(b) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Federal Energy Regulatory Commission shall,
pursuant to section 206 of the Federal Power Act (16 U.S.C. 824e),
promulgate a final rule that establishes minimum transfer capability
requirements between transmission planning regions.
SEC. 103. CRITICAL DOCUMENT FEE WAIVER.
Section 1238(a) of the Disaster Recovery Reform Act of 2018 (42
U.S.C. 5174b) is amended--
(1) in paragraph (2), by striking ``applies regardless''
and inserting ``and the requirement of the President to waive
fees under paragraph (4) apply regardless'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Mandatory automatic waiver.--The President, in
consultation with the Governor of a State, shall automatically
provide a fee waiver described in paragraph (1) to an
individual or household that has been adversely affected by a
major disaster declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170)--
``(A) for which the President provides assistance
to individuals and households under section 408 of that
Act (42 U.S.C. 5174); and
``(B) that destroyed a critical document described
in paragraph (1) of the individual or household.''.
SEC. 104. HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) on April 6, 2022, the Forest Service initiated
the Las Dispensas-Gallinas prescribed burn on Federal
land in the Santa Fe National Forest in San Miguel
County, New Mexico, when erratic winds were prevalent
in the area that was also suffering from severe drought
after many years of insufficient precipitation;
(B) on April 6, 2022, the prescribed burn, which
became known as the ``Hermit's Peak Fire'', exceeded
the containment capabilities of the Forest Service, was
declared a wildfire, and spread to other Federal and
non-Federal land;
(C) on April 19, 2022, the Calf Canyon Fire, also
in San Miguel County, New Mexico, began burning on
Federal land and was later identified as the result of
a pile burn in January 2022 that remained dormant under
the surface before reemerging;
(D) on April 27, 2022, the Hermit's Peak Fire and
the Calf Canyon Fire merged, and both fires were
reported as the Hermit's Peak Fire or the Hermit's
Peak/Calf Canyon Fire, (referred hereafter in this
subsection as the ``Hermit's Peak/Calf Canyon Fire'');
(E) by May 2, 2022, the fire had grown in size and
caused evacuations in multiple villages and communities
in San Miguel County and Mora County, including in the
San Miguel county jail, the State's psychiatric
hospital, the United World College, and New Mexico
Highlands University;
(F) on May 4, 2022, the President issued a major
disaster declaration for the counties of Colfax, Mora,
and San Miguel, New Mexico;
(G) on May 20, 2022, U.S. Forest Service Chief
Randy Moore ordered a 90-day review of prescribed burn
policies to reduce the risk of wildfires and ensure the
safety of the communities involved;
(H) the U.S. Forest Service has assumed
responsibility for the Hermit's Peak/Calf Canyon Fire;
(I) the fire resulted in the loss of Federal,
State, local, Tribal, and private property; and
(J) the United States should compensate the victims
of the Hermit's Peak/Calf Canyon Fire.
(2) Purposes.--The purposes of this section are--
(A) to compensate victims of the Hermit's Peak/Calf
Canyon Fire, for injuries resulting from the fire; and
(B) to provide for the expeditious consideration
and settlement of claims for those injuries.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Federal Emergency
Management Agency; or
(B) if a Manager is appointed under subsection
(c)(1)(C), the Manager.
(2) Hermit's peak/calf canyon fire.--The term ``Hermit's
Peak/Calf Canyon Fire'' means--
(A) the fire resulting from the initiation by the
Forest Service of a prescribed burn in the Santa Fe
National Forest in San Miguel County, New Mexico, on
April 6, 2022;
(B) the pile burn holdover resulting from the
prescribed burn by the Forest Service, which reemerged
on April 19, 2022; and
(C) the merger of the two fires described in
subparagraphs (A) and (B), reported as the Hermit's
Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire.
(3) Indian tribe.--The term ``Indian Tribe'' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(4) Injured person.--The term ``injured person'' means--
(A) an individual, regardless of the citizenship or
alien status of the individual; or
(B) an Indian Tribe, corporation, Tribal
corporation, partnership, company, association, county,
township, city, State, school district, or other non-
Federal entity (including a legal representative) that
suffered injury resulting from the Hermit's Peak/Calf
Canyon Fire.
(5) Injury.--The term ``injury'' has the same meaning as
the term ``injury or loss of property, or personal injury or
death'' as used in section 1346(b)(1) of title 28, United
States Code.
(6) Manager.--The term ``Manager'' means an Independent
Claims Manager appointed under subsection (c)(1)(C).
(7) Office.--The term ``Office'' means the Office of
Hermit's Peak/Calf Canyon Fire Claims established by subsection
(c)(1)(B).
(8) Tribal entity.--The term ``Tribal entity'' includes any
Indian Tribe, tribal organization, Indian-controlled
organization serving Indians, Native Hawaiian organization, or
Alaska Native entity, as such terms are defined or used in
section 166 of the Workforce Innovation and Opportunity Act (25
U.S.C. 5304).
(c) Compensation for Victims of Hermit's Peak/Calf Canyon Fire.--
(1) In general.--
(A) Compensation.--Each injured person shall be
entitled to receive from the United States compensation
for injury suffered by the injured person as a result
of the Hermit's Peak/Calf Canyon Fire.
(B) Office of hermit's peak/calf canyon fire
claims.--
(i) In general.--There is established
within the Federal Emergency Management Agency
an Office of Hermit's Peak/Calf Canyon Fire
Claims.
(ii) Purpose.--The Office shall receive,
process, and pay claims in accordance with this
section.
(iii) Funding.--The Office--
(I) shall be funded from funds made
available to the Administrator under
this section;
(II) may appoint and fix the
compensation of such temporary
personnel as may be necessary, without
regard to the provisions of title 5,
United States Code, governing
appointments in competitive service;
and
(III) may reimburse other Federal
agencies for claims processing support
and assistance.
(C) Option to appoint independent claims manager.--
The Administrator may appoint an Independent Claims
Manager to--
(i) head the Office; and
(ii) assume the duties of the Administrator
under this section.
(2) Submission of claims.--Not later than 2 years after the
date on which regulations are first promulgated under paragraph
(6), an injured person may submit to the Administrator a
written claim for 1 or more injuries suffered by the injured
person in accordance with such requirements as the
Administrator determines to be appropriate.
(3) Investigation of claims.--
(A) In general.--The Administrator shall, on behalf
of the United States, investigate, consider, ascertain,
adjust, determine, grant, deny, or settle any claim for
money damages asserted under paragraph (2).
(B) Applicability of state law.--Except as
otherwise provided in this section, the laws of the
State of New Mexico shall apply to the calculation of
damages under paragraph (4)(D).
(C) Extent of damages.--Any payment under this
section--
(i) shall be limited to actual compensatory
damages measured by injuries suffered; and
(ii) shall not include--
(I) interest before settlement or
payment of a claim; or
(II) punitive damages.
(4) Payment of claims.--
(A) Determination and payment of amount.--
(i) In general.--
(I) Payment.--Not later than 180
days after the date on which a claim is
submitted under this section, the
Administrator shall determine and fix
the amount, if any, to be paid for the
claim.
(II) Priority.--The Administrator,
to the maximum extent practicable,
shall pay subrogation claims submitted
under this section only after paying
claims submitted by injured parties
that are not insurance companies
seeking payment as subrogees.
(ii) Parameters of determination.--In
determining and settling a claim under this
section, the Administrator shall determine
only--
(I) whether the claimant is an
injured person;
(II) whether the injury that is the
subject of the claim resulted from the
fire;
(III) the amount, if any, to be
allowed and paid under this section;
and
(IV) the person or persons entitled
to receive the amount.
(iii) Insurance and other benefits.--
(I) In general.--In determining the
amount of, and paying, a claim under
this section, to prevent recovery by a
claimant in excess of actual
compensatory damages, the Administrator
shall reduce the amount to be paid for
the claim by an amount that is equal to
the total of insurance benefits
(excluding life insurance benefits) or
other payments or settlements of any
nature that were paid, or will be paid,
with respect to the claim.
(II) Government loans.--This
subparagraph shall not apply to the
receipt by a claimant of any government
loan that is required to be repaid by
the claimant.
(B) Partial payment.--
(i) In general.--At the request of a
claimant, the Administrator may make 1 or more
advance or partial payments before the final
settlement of a claim, including final
settlement on any portion or aspect of a claim
that is determined to be severable.
(ii) Judicial decision.--If a claimant
receives a partial payment on a claim under
this section, but further payment on the claim
is subsequently denied by the Administrator,
the claimant may--
(I) seek judicial review under
paragraph (9); and
(II) keep any partial payment that
the claimant received, unless the
Administrator determines that the
claimant--
(aa) was not eligible to
receive the compensation; or
(bb) fraudulently procured
the compensation.
(C) Rights of insurer or other third party.--If an
insurer or other third party pays any amount to a
claimant to compensate for an injury described in
paragraph (1), the insurer or other third party shall
be subrogated to any right that the claimant has to
receive any payment under this section or any other
law.
(D) Allowable damages.--
(i) Loss of property.--A claim that is paid
for loss of property under this section may
include otherwise uncompensated damages
resulting from the Hermit's Peak/Calf Canyon
Fire for--
(I) an uninsured or underinsured
property loss;
(II) a decrease in the value of
real property;
(III) damage to physical
infrastructure, including irrigation
infrastructure such as acequia systems;
(IV) a cost resulting from lost
subsistence from hunting, fishing,
firewood gathering, timbering, grazing,
or agricultural activities conducted on
land damaged by the Hermit's Peak/Calf
Canyon Fire;
(V) a cost of reforestation or
revegetation on Tribal or non-Federal
land, to the extent that the cost of
reforestation or revegetation is not
covered by any other Federal program;
and
(VI) any other loss that the
Administrator determines to be
appropriate for inclusion as loss of
property.
(ii) Business loss.--A claim that is paid
for injury under this section may include
damages resulting from the Hermit's Peak/Calf
Canyon Fire for the following types of
otherwise uncompensated business loss:
(I) Damage to tangible assets or
inventory.
(II) Business interruption losses.
(III) Overhead costs.
(IV) Employee wages for work not
performed.
(V) Any other loss that the
Administrator determines to be
appropriate for inclusion as business
loss.
(iii) Financial loss.--A claim that is paid
for injury under this section may include
damages resulting from the Hermit's Peak/Calf
Canyon Fire for the following types of
otherwise uncompensated financial loss:
(I) Increased mortgage interest
costs.
(II) An insurance deductible.
(III) A temporary living or
relocation expense.
(IV) Lost wages or personal income.
(V) Emergency staffing expenses.
(VI) Debris removal and other
cleanup costs.
(VII) Costs of reasonable efforts,
as determined by the Administrator, to
reduce the risk of wildfire, flood, or
other natural disaster in the counties
impacted by the Hermit's Peak/Calf
Canyon Fire to risk levels prevailing
in those counties before the Hermit's
Peak/Calf Canyon Fire, that are
incurred not later than the date that
is 3 years after the date on which the
regulations under paragraph (6) are
first promulgated.
(VIII) A premium for flood
insurance that is required to be paid
on or before May 31, 2024, if, as a
result of the Hermit's Peak/Calf Canyon
Fire, a person that was not required to
purchase flood insurance before the
Hermit's Peak/Calf Canyon Fire is
required to purchase flood insurance.
(IX) A disaster assistance loan
received from the Small Business
Administration.
(X) Any other loss that the
Administrator determines to be
appropriate for inclusion as financial
loss.
(5) Acceptance of award.--The acceptance by a claimant of
any payment under this section, except an advance or partial
payment made under paragraph (4)(B), shall--
(A) be final and conclusive on the claimant, with
respect to all claims arising out of or relating to the
same subject matter; and
(B) constitute a complete release of all claims
against the United States (including any agency or
employee of the United States) under chapter 171 of
title 28, United States Code (commonly known as the
``Federal Tort Claims Act''), or any other Federal or
State law, arising out of or relating to the same
subject matter.
(6) Regulations and public information.--
(A) Regulations.--Notwithstanding any other
provision of law, not later than 45 days after the date
of enactment of this section, the Administrator shall
promulgate and publish in the Federal Register interim
final regulations for the processing and payment of
claims under this section.
(B) Public information.--
(i) In general.--At the time at which the
Administrator promulgates regulations under
subparagraph (A), the Administrator shall
publish, online and in print, in newspapers of
general circulation in the State of New Mexico,
a clear, concise, and easily understandable
explanation, in English and Spanish, of--
(I) the rights conferred under this
section; and
(II) the procedural and other
requirements of the regulations
promulgated under subparagraph (A).
(ii) Dissemination through other media.--
The Administrator shall disseminate the
explanation published under clause (i) through
websites, blogs, social media, brochures,
pamphlets, radio, television, and other media
that the Administrator determines are likely to
reach prospective claimants.
(7) Consultation.--In administering this section, the
Administrator shall consult with the Secretary of the Interior,
the Secretary of Energy, the Secretary of Agriculture, the
Administrator of the Small Business Administration, other
Federal agencies, and State, local, and Tribal authorities, as
determined to be necessary by the Administrator, to--
(A) ensure the efficient administration of the
claims process; and
(B) provide for local concerns.
(8) Election of remedy.--
(A) In general.--An injured person may elect to
seek compensation from the United States for 1 or more
injuries resulting from the Hermit's Peak/Calf Canyon
Fire by--
(i) submitting a claim under this section;
(ii) filing a claim or bringing a civil
action under chapter 171 of title 28, United
States Code (commonly known as the ``Federal
Tort Claims Act''); or
(iii) bringing an authorized civil action
under any other provision of law.
(B) Effect of election.--An election by an injured
person to seek compensation in any manner described in
subparagraph (A) shall be final and conclusive on the
claimant with respect to all injuries resulting from
the Hermit's Peak/Calf Canyon Fire that are suffered by
the claimant.
(C) Arbitration.--
(i) In general.--Not later than 45 days
after the date of enactment of this Act, the
Administrator shall establish by regulation
procedures under which a dispute regarding a
claim submitted under this section may be
settled by arbitration.
(ii) Arbitration as remedy.--On
establishment of arbitration procedures under
clause (i), an injured person that submits a
disputed claim under this section may elect to
settle the claim through arbitration.
(iii) Binding effect.--An election by an
injured person to settle a claim through
arbitration under this subparagraph shall--
(I) be binding; and
(II) preclude any exercise by the
injured person of the right to judicial
review of a claim described in
paragraph (9).
(D) No effect on entitlements.--Nothing in this
section affects any right of a claimant to file a claim
for benefits under any Federal entitlement program.
(9) Judicial review.--
(A) In general.--Any claimant aggrieved by a final
decision of the Administrator under this section may,
not later than 60 days after the date on which the
decision is issued, bring a civil action in the United
States District Court for the District of New Mexico,
to modify or set aside the decision, in whole or in
part.
(B) Record.--The court shall hear a civil action
under subparagraph (A) on the record made before the
Administrator.
(C) Standard.--The decision of the Administrator
incorporating the findings of the Administrator shall
be upheld if the decision is supported by substantial
evidence on the record considered as a whole.
(10) Attorney's and agent's fees.--
(A) In general.--No attorney or agent, acting alone
or in combination with any other attorney or agent,
shall charge, demand, receive, or collect, for services
rendered in connection with a claim submitted under
this section, fees in excess of the limitations
established under section 2678 of title 28, United
States Code.
(B) Violation.--An attorney or agent who violates
subparagraph (A) shall be fined not more than $10,000.
(11) Waiver of requirement for matching funds.--
(A) State and local project.--
(i) In general.--Notwithstanding any other
provision of law, a State or local project that
is determined by the Administrator to be
carried out in response to the Hermit's Peak/
Calf Canyon Fire under any Federal program that
applies to an area affected by the Hermit's
Peak/Calf Canyon Fire shall not be subject to
any requirement for State or local matching
funds to pay the cost of the project under the
Federal program.
(ii) Federal share.--The Federal share of
the costs of a project described in clause (i)
shall be 100 percent.
(B) Other needs program assistance.--
Notwithstanding section 408(g)(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5174(g)(2)), for any emergency or major
disaster declared by the President under that Act for
the Hermit's Peak/Calf Canyon Fire, the Federal share
of assistance provided under that section shall be 100
percent.
(12) Applicability of debt collection requirements.--
Section 3711(a) of title 31, United States Code, shall not
apply to any payment under this section, unless--
(A) there is evidence of civil or criminal fraud,
misrepresentation, presentation of a false claim; or
(B) a claimant was not eligible under paragraph
(4)(B) of this section to any partial payment.
(13) Indian compensation.--Notwithstanding any other
provision of law, in the case of an Indian Tribe, a Tribal
entity, or a member of an Indian Tribe that submits a claim
under this section--
(A) the Bureau of Indian Affairs shall have no
authority over, or any trust obligation regarding, any
aspect of the submission of, or any payment received
for, the claim;
(B) the Indian Tribe, Tribal entity, or member of
an Indian Tribe shall be entitled to proceed under this
section in the same manner and to the same extent as
any other injured person; and
(C) except with respect to land damaged by the
Hermit's Peak/Calf Canyon Fire that is the subject of
the claim, the Bureau of Indian Affairs shall have no
responsibility to restore land damaged by the Hermit's
Peak/Calf Canyon Fire.
(14) Report.--Not later than 1 year after the date of
promulgation of regulations under paragraph (6)(A), and
annually thereafter, the Administrator shall submit to Congress
a report that describes the claims submitted under this section
during the year preceding the date of submission of the report,
including, for each claim--
(A) the amount claimed;
(B) a brief description of the nature of the claim;
and
(C) the status or disposition of the claim,
including the amount of any payment under this section.
(15) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 105. FIRE MANAGEMENT ASSISTANCE COST SHARE.
(a) In General.--Section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Federal Share.--The Federal share of assistance under this
section shall be not less than 75 percent of the eligible cost of such
assistance.''.
(b) Applicability.--The amendment made by subsection (a) shall only
apply to amounts appropriated on or after the date of enactment of this
Act.
(c) Rulemaking.--Not later than 3 years after the date of enactment
of this Act, the President, acting through the Administrator of the
Federal Emergency Management Agency, shall conduct and complete a
rulemaking to provide criteria for the circumstances under which the
Administrator may recommend the President increase the Federal cost
share for section 420 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5187). Such criteria shall include
a threshold metric that assesses the financial impact to a State or
local government from responding to a fire for which fire management
assistance is being provided.
SEC. 106. TRANSITIONAL SHELTERING ASSISTANCE.
(a) Definitions.--In this section:
(1) Individual at risk of wildfire smoke related illness.--
The term ``individual at risk of wildfire smoke related
illness'' means an individual, living in an area where the air
quality index is determined to be unhealthy for not less than 3
consecutive days as a result of a wildfire, who is--
(A) a low-income individual;
(B) a parent or guardian with a child who has not
attained 19 years of age;
(C) a pregnant woman;
(D) an individual who is 65 years of age or older;
(E) an individual with chronic respiratory or
cardiovascular illness; or
(F) an individual with a chronic disease that is
exacerbated by smoke inhalation.
(2) Low-income individual.--The term ``low-income
individual'' means an individual from a family whose taxable
income (as defined in section 63 of the Internal Revenue Code
of 1986) for the preceding year did not exceed 200 percent of
an amount equal to the poverty level, as determined by using
criteria of poverty established by the Bureau of the Census.
(3) Qualified entity.--The term ``qualified entity''
means--
(A) a State or unit of local government;
(B) a local public health authority; and
(C) a coordinated care organization.
(b) Transitional Sheltering Assistance Program.--In carrying out
the Transitional Sheltering Assistance Program of the Federal Emergency
Management Agency under section 403 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170b), the President
shall--
(1) provide assistance to a qualified entity to purchase
and provide, to an individual at risk of wildfire smoke related
illness, smoke-inhalation prevention equipment, including--
(A) a portable air filtration unit;
(B) an air filter;
(C) a face mask or respirator, such as--
(i) an N95 respirator;
(ii) a P100 respirator; or
(iii) other equipment certified by the
National Institute for Occupational Safety and
Health to protect from airborne particle
exposure;
(D) low-cost equipment to keep smoke out of a
house, such as:
(i) a weather strip;
(ii) not more than 1 portable air-
conditioning unit per household;
(iii) ventilation equipment;
(iv) a screening and shading device; or
(v) a window covering; or
(E) other similarly effective devices; and
(2) in any case in which smoke-inhalation prevention
equipment is not sufficient to mitigate the risk of illness,
provide cost-efficient transitional shelter assistance to an
individual at risk of wildfire smoke related illness.
(c) Applicability.--The amendments made by this section shall apply
with respect to any amounts appropriated after the date of enactment of
this Act.
SEC. 107. GRID RESILIENCE STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Federal Energy Regulatory Commission and the
Department of Energy shall jointly--
(1) conduct a study on the need for, and feasibility of,
establishing or modifying a reliability standard to ensure the
reliable operation of thermoelectric power plants during
droughts; and
(2) submit to the appropriate committees of Congress the
results of such study.
(b) Definitions.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Energy and Commerce of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
SEC. 108. NONNATIVE PLANT SPECIES REMOVAL GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
partnership between 2 or more entities that--
(A) shall include--
(i) at least 1 flood control district; and
(ii) at least 1 city, county, township,
town, borough, parish, village, or other
general purpose political subdivision of a
State or Indian tribe (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)); and
(B) may include any other entity (such as a
nonprofit organization or institution of higher
education), as determined by the Secretary.
(2) Nonnative plant species.--The term ``nonnative plant
species'' means a plant species that--
(A) is nonnative or alien to an ecosystem; and
(B) if introduced to that ecosystem, will cause, or
is likely to cause, economic harm, environmental harm,
or harm to human health.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Establishment.--The Secretary shall establish a grant program
to award grants, on a competitive basis, to eligible entities--
(1) to remove nonnative plant species in riparian areas
that contribute to drought conditions;
(2) to replace those nonnative plant species with native
plant species; and
(3) to maintain and monitor riparian areas in which
nonnative plant species have been removed and replaced.
(c) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including--
(A) a plan for how the eligible entity will use
grant funds to carry out the activities described in
paragraphs (1) through (3) of subsection (b);
(B) a description of the manner in which the
eligible entity has carried out the consultation
required under paragraph (2); and
(C) information demonstrating that each native
plant species described in subsection (b)(2) will--
(i)(I) reduce flood risk;
(II) improve hydrology and water storage
capacities; or
(III) reduce fire hazard; and
(ii) protect and restore rivers and streams
and associated riparian habitats, including
fish and wildlife resources that are dependent
on those habitats.
(2) Consultation.--An eligible entity seeking a grant under
this section shall consult with local stakeholders, including
conservation groups, to create the plan described in paragraph
(1)(A).
(d) Report.--An eligible entity that receives a grant under this
section shall submit to the Secretary a report at such time, in such
manner, and containing such information as the Secretary may require,
including information on methodology and outcomes of nonnative plant
species removal and replacement efforts.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2023
and each fiscal year thereafter.
SEC. 109. CENTERS OF EXCELLENCE FOR RESEARCH ON WILDFIRE SMOKE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish at institutions of higher education
4 centers, each of which shall be known as a ``Center of Excellence for
Wildfire Smoke'', to carry out research relating to--
(1) the effects on public health of smoke emissions from
wildland fires; and
(2) the means by which communities can better respond to
the impacts of emissions from wildland fires.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $10,000,000
for each of fiscal years 2023 through 2027.
SEC. 110. COMMUNITY SMOKE PLANNING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish a competitive grant program to
assist eligible entities described in subsection (b) in developing and
implementing collaborative community plans for mitigating the impacts
of smoke emissions from wildland fires.
(b) Eligible Entities.--An entity that is eligible to submit an
application for a grant under subsection (a) is--
(1) a State, as defined in section 302 of the Clean Air Act
(42 U.S.C. 7602);
(2) an air pollution control agency, as defined in section
302 of the Clean Air Act (42 U.S.C. 7602);
(3) a municipality, as defined in section 302 of the Clean
Air Act (42 U.S.C. 7602); or
(4) an Indian tribe, as defined in section 302 of the Clean
Air Act (42 U.S.C. 7602).
(c) Applications.--To be eligible to receive a grant under
subsection (a), an eligible entity described in subsection (b) shall
submit to the Administrator an application at such time, in such
manner, and containing such information as the Administrator may
require.
(d) Technical Assistance.--The Administrator may use amounts made
available to carry out this section to provide to eligible entities
described in subsection (b) technical assistance in--
(1) submitting grant applications under subsection (c); or
(2) carrying out projects using a grant under this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $50,000,000
for each of fiscal years 2023 through 2027.
SEC. 111. DISASTER EQUITY AND FAIRNESS.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``emergency'' means an emergency declared or
determined to exist by the President under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191);
(4) the terms ``Indian tribal government'' and ``local
government'' have the meanings given such terms in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122); and
(5) the term ``major disaster'' means a major disaster
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
(b) Increase Cost-share for Consecutive Impacts.--
(1) In general.--Notwithstanding the provisions of law
described in paragraph (2), for assistance provided under
sections 403, 404, 406, 408, 420, and 428 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5170c, 5172, 5174, 5187, 5189f) to a local
government or Indian tribal government in connection with the
second, or subsequent, major disaster during any 3-year period,
the Federal share shall be not less than 90 percent of the
eligible cost of such assistance.
(2) Provisions.--The provisions of law described in this
paragraph are sections 403(b), 403(c)(4), 404(a), 406(b),
408(d), 408(g)(2), 420(a), and 428(e)(2)(B) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 5172(b), 5174(d),
5174(g)(2), 5187(a), 5189f(e)(2)).
(c) State and Local Plans for Meal Delivery.--
(1) In general.--Title IV of 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:
``SEC. 431. STATE AND LOCAL PLANS FOR MEAL DELIVERY.
``(a) In General.--The Administrator may provide assistance to a
State, local government, or Indian tribal government to reimburse the
cost of coordinating food delivery, production, and distribution in the
event of a major disaster, including--
``(1) establishing a network to coordinate food delivery,
production, and distribution with businesses and private
nonprofit organizations;
``(2) establishing contracts with small and mid-sized
restaurants, food vendors, and private nonprofit organizations,
including faith-based organizations, food banks, and soup
kitchens, to prepare healthy meals for people in need; and
``(3) partnering with private nonprofit organizations,
including faith-based organizations, food banks, and soup
kitchens to purchase directly from food producers and farmers.
``(b) Federal Share.--The Federal share of the cost of an activity
carried out using assistance under this section shall be--
``(1) not less than 90 percent of the eligible cost of food
delivery, production, and distribution during the 30-day period
beginning on the date of the declaration of the major disaster;
and
``(2) not less than 90 percent of such eligible cost after
the end of the 30-day period described in paragraph (1).''.
(2) Emergencies.--Section 502(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)) is amended--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) by redesignating paragraph (8) as paragraph
(9); and
(C) by inserting after paragraph (7) the following:
``(8) provide assistance for food delivery, production, and
distribution in accordance with section 431; and''.
(3) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue
comprehensive guidance to States, local governments, and Indian
tribal governments regarding receiving reimbursement for the
cost of food delivery, production, and distribution in the
event of an emergency or major disaster under section 431 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, as added by paragraph (1), including--
(A) establishing a coordination network;
(B) enabling streamlined arrangements for food
production and distribution; and
(C) streamlined contracting and partnering with
private nonprofit organizations such that private
nonprofit organizations may apply directly for
reimbursement under such section as an agent of a
State, local government, or Indian tribal government.
(d) Applicability.--The amendments made by this section shall apply
with respect to any amounts appropriated after the date of enactment of
this Act.
SEC. 112. FEMA IMPROVEMENT, REFORM, AND EFFICIENCY.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives;
(4) the term ``emergency'' means an emergency declared or
determined to exist by the President under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191);
(5) the terms ``Indian tribal government'', ``local
government'', and ``State'' have the meanings given such terms
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122); and
(6) the term ``major disaster'' means a major disaster
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
(b) Report on Relocation Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a report
regarding the use of relocation assistance under sections 203,
404, and 406 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133, 5170c, 5172) for
wildfire risk to the appropriate committees of Congress.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) Any information on relocation projects that
have been carried out due to fire risks or denied by
the Agency, including the number and value of projects
either carried out or denied.
(B) A discussion of the possible benefits or
disadvantages of providing relocation assistance that
may reduce, but not eliminate, the risk of loss due to
wildfires.
(C) A discussion of how the Agency may optimize
relocation assistance when entire States or geographic
areas are considered subject to a fire risk.
(D) An analysis of whether other mitigation
measures are more cost-effective than relocation
assistance when the applicant is applying to move from
a high-risk to a medium-risk or low-risk area with
respect to wildfires.
(E) An analysis of the need for the Federal
Government to produce wildfire maps that identify high-
risk, moderate-risk, and low-risk wildfire zones.
(F) An analysis of whether other mitigation
measures promote greater resilience to wildfires when
compared to relocation or, if additional data is
required in order to carry out such an analysis, a
discussion of the additional data required.
(G) A discussion of the ability of States, local
governments, and Indian tribal governments to
demonstrate fire risk, and whether the level of this
ability impacts the ability of States, local
governments, or Indian tribal governments to access
relocation assistance, including an assessment of
existing fire mapping products and capabilities and
recommendations on redressing any gaps in the ability
of the Agency to assist States, local governments, and
Indian tribal governments in demonstrating fire risk.
(H) An evaluation of--
(i) the scope of the data available to the
Agency regarding historical wildfire losses;
(ii) how such data is utilized in benefit-
cost analysis determinations by the Agency;
(iii) what additional data, if any, may be
pertinent to such determinations; and
(iv) what, if any, alternative methods may
be relevant to the determination of cost
effectiveness.
(I) A discussion of the extent to which the
decision process for relocation assistance
appropriately considers the change in future risks for
wildfires due to a changing climate.
(J) An analysis of whether statutes and regulations
regarding relocation assistance by the Agency present
barriers for States, local governments, or Indian
tribal governments trying to access funding to reduce
wildfire risk.
(K) An analysis of--
(i) how, if at all, the Agency has modified
policies and procedures to determine the
eligibility of proposed relocation or
mitigation projects with respect to wildfires;
(ii) the cost effectiveness of such
projects, in light of the increasing losses and
obligations for wildfires in recent years; and
(iii) the effectiveness of any
modifications described in clause (i).
(L) An analysis of how, if at all, recent changes
in the availability of fire insurance has resulted in
modifications of policy or procedure with respect to
determining the cost efficacy of relocation assistance
for wildfires.
(M) An analysis of how to define repetitive loss
and repetitively damaged properties in the context of
wildfires.
(N) A discussion of whether any legislative,
regulatory, or policy changes are necessary for the
Agency to better implement relocation assistance to
reduce risk from wildfires.
(O) Other related issues that the Administrator
determines appropriate.
(c) Red Flag Warnings and Predisaster Actions.--Not later than 1
year after the date of enactment of this Act, the Administrator, in
coordination with the National Weather Service of the National Oceanic
and Atmospheric Administration, shall--
(1) conduct a study of, develop recommendations for, and
initiate a process for the use of Red Flag Warnings and similar
weather alert and notification methods, including the use of
emerging technologies, to establish--
(A) plans and actions, consistent with law, that
can be implemented prior to a wildfire event, including
pre-impact disaster declarations and surge operations,
that can limit the impact, duration, or severity of the
fire; and
(B) mechanisms to increase interagency
collaboration to expedite the delivery of disaster
assistance; and
(2) submit to the appropriate committees of Congress a
comprehensive report regarding the study described in paragraph
(1), including any recommendations of the Administrator, and
the activities of the Administrator to carry out paragraph (1).
(d) Assistance for Wildfire Damage.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall brief the
appropriate committees of Congress regarding--
(1) the application for assistance and consistency of
assistance provided by the Agency in response to wildfires; and
(2) the kinds of damage that result from wildfires.
(e) GAO Report on Gaps.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report that
examines--
(1) gaps in the policies of the Agency related to
wildfires, when compared to other hazards;
(2) disparities in regulations and guidance issued by the
Administrator, including any oversight of the programs of the
Agency, when addressing impacts of wildfires and other hazards;
(3) ways to shorten the period of time between the
initiating of and the distribution of assistance,
reimbursements, and grants;
(4) the effectiveness of the programs of the Agency in
addressing wildfire hazards;
(5) ways to improve the ability of the Agency to assist
States, local governments, and Indian tribal governments to
prepare for, respond to, recover from, and mitigate against
wildfire hazards;
(6) revising the application process for assistance
relating to wildfires to more effectively assess uninsured and
underinsured losses and serious needs; and
(7) ways to improve the disaster assistance programs of
agencies other than the Agency.
(f) Crisis Counseling Cultural Competency.--Section 416 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5183) is amended--
(1) by striking ``The President'' and inserting the
following:
``(a) In General.--The President''; and
(2) by adding at the end the following:
``(b) Cultural Competency.--The President shall, in consultation
with affected States, local governments, and Indian tribal governments
and cultural experts, ensure that any individual providing professional
counseling services to victims of a major disaster as authorized under
subsection (a), including those working for nonprofit partners and
recovery organizations, is appropriately trained to address--
``(1) cultural competency and respectful care practices;
and
``(2) impacts from major disasters in communities, and to
individuals, with socio-economically disadvantaged
backgrounds.''.
(g) Case Management Cultural Competency.--Section 426 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5189d) is amended--
(1) by striking ``The President'' and inserting the
following:
``(a) In General.--The President''; and
(2) by adding at the end the following:
``(b) Cultural Competency.--The President shall, in consultation
with affected States, local governments, and Indian tribal governments
and cultural experts, ensure that any individual providing case
management services to victims of a major disaster as authorized under
subsection (a), including those working for nonprofit partners and
recovery organizations, is appropriately trained to address--
``(1) cultural competency and respectful care practices;
and
``(2) impacts from major disasters in communities, and to
individuals, with socio-economically disadvantaged
backgrounds.''.
(h) Study and Plan for Disaster Housing Assistance.--
(1) Study.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall--
(A) conduct a study and develop a plan, consistent
with law, under which the Agency will address providing
housing assistance to survivors of major disasters or
emergencies when presented with challenges such as--
(i) the lack of proof of ownership or
ownership documentation;
(ii) the presence of multiple families
within a single household; and
(iii) the near loss of a community, with
the majority of homes destroyed in that
community, including as a result of a wildfire,
earthquake, or other event causing a major
disaster; and
(B) make recommendations for legislative changes
needed to address--
(i) the unmet needs of survivors of major
disasters or emergencies who are unable to
document or prove ownership of the household;
(ii) the presence of multiple families
within a single household; and
(iii) the near loss of a community, with
the majority of homes destroyed in that
community, including as a result of a wildfire,
earthquake, or other event causing a major
disaster.
(2) Comprehensive report.--The Administrator shall submit
to the appropriate committees of Congress a report that
provides a detailed discussion of the plans developed under
paragraph (1)(A) and the recommendations of the Administrator
under paragraph (1)(B).
(3) Briefing.--Not later than 30 days after submission of
the report and recommendations under paragraph (2), the
Administrator shall brief the appropriate committees of
Congress on the findings and any recommendations made pursuant
to this subsection.
(i) Reimbursement.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall brief the appropriate
committees of Congress regarding the extent to which the Agency is
using housing solutions proposed by a State or local government to
reduce the time or cost required to implement housing solutions after a
major disaster.
(j) Wildfire Insurance Study by the National Academies.--
(1) Study.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
seek to enter into an agreement with the National
Academy of Sciences to conduct a study of--
(i) potential solutions to address the
availability and affordability of insurance for
wildfire perils in all regions of the United
States, including consideration of a national
all natural hazards insurance program;
(ii) the ability of States, communities,
and individuals to mitigate wildfire risks,
including the affordability and feasibility of
such mitigation activities;
(iii) the current and potential future
effects of land use policies and building codes
on the potential solutions;
(iv) the reasons why many properties at
risk of wildfire lack insurance coverage;
(v) the role of insurers in providing
incentives for wildfire risk mitigation
efforts;
(vi) the state of catastrophic insurance
and reinsurance markets and the approaches in
providing insurance protection to different
sectors of the population of the United States;
(vii) the role of the Federal Government
and State and local governments in providing
incentives for feasible wildfire risk
mitigation efforts and the cost of providing
assistance in the absence of insurance;
(viii) the state of modeling and mapping
wildfire risk and solutions for accurately and
adequately identifying future wildfire risk;
(ix) approaches to insuring wildfire risk
in the United States; and
(x) such other issues that may be necessary
or appropriate for the report.
(B) Consultation.--The agreement to conduct the
study described in subparagraph (A) shall require that,
in conducting the study, the National Academy of
Sciences shall consult with State insurance regulators,
consumer organizations, representatives of the
insurance and reinsurance industry, policyholders, and
other organizations and experts, as appropriate.
(2) Submission.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress the results of the study commissioned under paragraph
(1).
(k) Increased Cap for Emergency Declarations Based on Regional Cost
of Living.--Not later than 180 days after the date of enactment of this
Act, the Administrator shall brief the appropriate committees of
Congress regarding the benefits and drawbacks of establishing a maximum
amount for assistance provided for an emergency that is based on the
cost of living in the region in which the emergency occurs.
(l) Facilitating Disposal of Temporary Transportable Housing Units
to Survivors.--Section 408(d)(2)(B)(i) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174(d)(2)(B)(i)) is amended by inserting ``, with priority given to a
survivor of a major disaster who suffered a property loss as a result
of the major disaster'' after ``any person''.
(m) Deadline on Code Enforcement and Management Cost Eligibility.--
Section 406(a)(2)(D) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(2)(D)) is amended by
striking ``180 days'' and inserting ``1 year''.
(n) Permit Applications for Tribal Upgrades to Emergency Operations
Centers.--Section 614(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196c(a)) is amended by inserting
``and Indian tribal governments'' after ``grants to States''.
(o) Applicability.--The amendments made by this section shall apply
with respect to any amounts appropriated after the date of enactment of
this Act.
SEC. 113. FIRE INVESTIGATIONS.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following:
``SEC. 38. INVESTIGATION AUTHORITIES.
``(a) In General.--In the case of any major fire, the Administrator
may send incident investigators, which may include safety specialists,
fire protection engineers, codes and standards experts, researchers,
and fire training specialists, to the site of the fire to conduct an
investigation as described in subsection (b).
``(b) Investigation Required.--A fire investigation conducted under
this section--
``(1) shall be conducted in coordination and cooperation
with appropriate Federal, State, and local authorities,
including Federal agencies that are authorized to investigate a
major fire or an incident of which the major fire is a part;
and
``(2) shall examine the determined cause and origin of the
fire and assess broader systematic matters to include use of
codes and standards, demographics, structural characteristics,
smoke and fire dynamics (movement) during the event, and costs
of associated injuries and deaths.
``(c) Report.--Upon concluding any fire investigation under this
section, the Administrator shall issue a public report to local, State,
and Federal authorities on the findings of such investigation, or
collaborate with another investigating Federal agency on that agency's
report, including recommendations on--
``(1) any other buildings with similar characteristics that
may bear similar fire risks;
``(2) improving tactical response to similar fires;
``(3) improving civilian safety practices;
``(4) assessing the costs and benefits to the community of
adding fire safety features; and
``(5) how to mitigate the causes of such fire.
``(d) Discretionary Authority.--In addition to investigations
conducted pursuant to subsection (a), the Administrator may send fire
investigators to conduct investigations at the site of any fire with
unusual or remarkable context that results in losses less severe than
those occurring as a result of a major fire, in coordination with
appropriate Federal, State, and local authorities, including Federal
agencies that are authorized to investigate a major fire or an incident
of which the major fire is a part.
``(e) Major Fire Defined.--For purposes of this section, the term
`major fire' shall have the meaning given such term under regulations
to be issued by the Administrator.''.
SEC. 114. CRITICAL INFRASTRUCTURE AND MICROGRID PROGRAM.
(a) Definitions.--In this section:
(1) Critical facility.--
(A) In general.--The term ``critical facility''
means a facility that provides services or may be
used--
(i) to save lives;
(ii) to protect property, public health,
and public safety; or
(iii) to lessen or avert the threat of a
catastrophe.
(B) Inclusions.--The term ``critical facility''
includes--
(i) a hospital;
(ii) an outpatient clinic;
(iii) a nursing home;
(iv) a police station;
(v) an emergency operation center;
(vi) a jail or prison;
(vii) a fire station;
(viii) a facility in the communications
sector, as determined by the Secretary;
(ix) a facility in the chemical sector, as
determined by the Secretary;
(x) a school or other large building that
may serve as a temporary gathering space;
(xi) a utility station, such as a water and
wastewater station; and
(xii) a facility described in subparagraph
(A) that is owned or operated by, or provides
services to, an Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Critical Infrastructure and Microgrid Program.--
(1) In general.--The Secretary shall establish a program--
(A) to provide grants to improve the energy
resilience and power needs of critical facilities
through the use of microgrids, renewable energy, energy
efficiency, reduced electricity demand, and on-site
storage;
(B) to provide grants to improve the energy
efficiency of critical facilities by decreasing the
size and cost of generators;
(C) to provide technical assistance and facilitate
the distribution and sharing of information to develop
more resilient electricity systems (including bulk
systems and localized systems); and
(D) to promulgate consumer-facing information and
resources to inform the public on best practices and
resources related to increasing resilience of
electricity systems and reducing the impacts of extreme
weather events on electricity systems.
(2) Requirements.--In carrying out the program established
under paragraph (1), the Secretary shall ensure, with respect
to critical facilities--
(A) provision of on-site back-up power with
renewable resources, low-carbon liquid fuels, and on-
site energy storage technologies; and
(B) installation, at the transmission and
distribution level, of interoperable technologies,
advanced power flow control, dynamic line rating,
topology optimization, and communications systems.
(3) Interested party input.--In establishing the program
under paragraph (1), the Secretary shall seek the input of
State energy regulators, electric utilities (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)), regional
transmission organizations and independent system operators,
electric utility customers and ratepayer organizations, local
governments, community choice aggregators or regional energy
collaboratives, and other interested parties.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $100,000,000 to carry out this section, to remain
available until expended.
(2) Administrative costs.--Of the amount authorized to be
appropriated to carry out this section, not more than 10
percent authorized to be appropriated for salaries and
expenses, administrative management, and oversight of the
program established under subsection (b)(1).
SEC. 115. ADVANCED TRANSMISSION TECHNOLOGY STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy shall--
(1) conduct a study on the ability of advanced transmission
technologies, including low sag advanced conductors, to reduce
the vulnerability of electric grid infrastructure to energy
disruptions caused by natural disasters and extreme weather;
and
(2) submit to the appropriate committees of Congress the
results of such study.
(b) Definitions.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Energy and Commerce of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
SEC. 116. RURAL COMMUNITIES DRINKING WATER RESILIENCY.
(a) New Well Construction Grants.--Subtitle A of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1922-1936c) is amended by
inserting after section 306E the following:
``SEC. 306F. NEW WELL CONSTRUCTION GRANTS.
``(a) In General.--The Secretary shall provide grants in accordance
with this section to local governments and public or private nonprofit
entities for projects designed to supply drinking water to rural
communities in which a significant number of dwellings with private
drinking water wells have wells that are not producing water.
``(b) Use of Funds.--Grants made under this section may be used--
``(1) for waterline extensions from existing systems,
laying of new waterlines, repairs or maintenance to an existing
system, digging of new wells or development of other sources of
water designed to replace sources of drinking water with high
levels of nitrates, equipment replacement, and hook-up fees;
and
``(2) in the case of a project designed to benefit a rural
community outside the jurisdiction of the grantee, to maintain
existing water supplies of the grantee that will be reduced as
a result of the project.
``(c) Rural Community.--In this section, the term `rural community'
does not include--
``(1) any area in any city or town with a population in
excess of 10,000 inhabitants according to the most recent
decennial census of the United States; and
``(2) any area with a median household income in excess of
the State nonmetropolitan median household income.
``(d) Full Funding.--Grants under this section shall be made in an
amount equal to 100 percent of the costs of the projects conducted
under this section.
``(e) Application.--Subsection (h) of section 306A shall apply with
respect to the administration of applications for grants under this
section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2023 through 2027.''.
(b) Repeal.--Effective 5 years after the date of the enactment of
this section, section 306F of the Consolidated Farm and Rural
Development Act, as added by the amendment made by subsection (a), is
repealed.
TITLE II--NATIONAL DISASTER SAFETY BOARD ACT
SEC. 201. ESTABLISHMENT AND PURPOSE.
(a) Organization.--There is established in the executive branch a
National Disaster Safety Board, which shall be an independent
establishment, as defined in section 104 of title 5, United States
Code.
(b) Purpose.--The purposes of the Board are--
(1) to reduce loss of life, injury, and economic injury
caused by future incidents by learning from natural hazards,
including the impacts and underlying factors of such incidents,
in a standardized way;
(2) to maintain a focus that is future-looking and national
in scope, by applying what the Board learns through the trends
that emerge from the incidents the Board reviews nationally to
prevent loss of life, or human or economic injury, not only in
the affected jurisdiction, but nationally, as the Board
determines relevant;
(3) in carrying out reviews, analyses, and recommendations,
not to be accusatory in nature and the Board shall not seek to
find blame in any individual or organization, or second-guess
any relevant authorities;
(4) to address systemic causes behind the loss of life and
human or economic injury in incidents, including by
recommending the augmentation of resources available to
entities responsible for managing incident consequences; and
(5) while preventing economic injury as part of the mission
of the Board, when relevant, to prioritize efforts that focus
on lifesaving and injury prevention, especially in
disproportionately impacted communities, as its work determines
them to be.
SEC. 202. GENERAL AUTHORITY.
(a) Authority To Review.--
(1) In general.--Subject to subsection (b), the Board shall
review and establish the facts, circumstances, and cause or
probable cause of the loss of life, human injury, and economic
injury due to a natural hazard with 10 or more fatalities or
that meets the requirements described in paragraph (5) or (6)
of subsection (b) that occurs after the date of enactment of
this Act.
(2) Due to a natural hazard incident defined.--For purposes
of paragraph (1), the term ``due to a natural hazard'' means a
fatality that, if not for the natural hazard incident, as the
case may be, would not have occurred within the time frame of
the incident, as defined by standards developed by the Board.
(b) Determination of Whether Incident Warrants Board Review.--In
carrying out subsection (a), the Board--
(1) may begin the review of an incident, including by
monitoring the natural hazard and collecting facts, before the
total number of fatalities is known if the Board determines
that the natural hazard incident has the potential to cause 10
or more fatalities at its onset, in accordance with the
policies and procedures established by the Board;
(2) may, by a two-thirds vote, decide that an incident that
caused 10 or more fatalities does not require a review and
shall issue a public statement explaining the determination;
(3) may, by a majority vote, decide to review any natural
hazard incident that occurs after the date of enactment of this
Act upon request from a representative of an affected State,
Tribal government, or unit of local government, regardless of
the number of fatalities;
(4) may, by a majority vote, decide to review any natural
hazard incident that occurs after the date of enactment of this
Act upon recommendation by the Office for the Protection of
Disproportionately Impacted Communities of the Board, which the
Office may make because of the incident's impacts on
populations that are socially, medically, or economically
vulnerable, as decided by the Office; and
(5) may, by a majority vote, decide to review a natural
hazard incident that occurs after the date of enactment of this
Act if--
(A) the Board determines that information may be
gained by the review that will be useful in reducing
systemic causes behind the loss of life and human or
economic injury; and
(B) the incident--
(i) did not result in 10 or more
fatalities; and
(ii)(I) could have resulted in a large
number of fatalities if not for swift
intervention or a shift in the course of
events; or
(II) resulted in, as determined by the
Board--
(aa) a significant amount of
economic or infrastructure damage;
(bb) significant human
displacement; or
(cc) a significant number of severe
non-fatal injuries or cases of severe
illness; and
(6) shall, by majority vote, determine whether each
incident for which the President issues a major disaster
declaration under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
meets the criteria for review under paragraph (5).
(c) Nature of Review.--
(1) In general.--In carrying out a review under this title,
the Board shall--
(A) conduct the review to determine the facts,
conditions, and circumstances relating to the loss of
life, human injury, and economic injury due to an
incident;
(B) following an initial assessment of an incident
by the Board, notify any individual or organization
that the Board anticipates will be affected by the
review as to the extent of the expected review response
of the Board;
(C) use the results of the review under
subparagraph (A) to--
(i) determine how and why people die and
are injured during an incident; and
(ii) issue recommendations to prevent or
mitigate the loss of life, human injury, or
economic injury due to similar incidents; and
(D) report on the facts and circumstances of the
incident review, including the pre-incident resilience
or vulnerabilities of the incident area or population.
(2) Generalized nature of reviews.--A review of loss of
life and injury conducted by the Board shall--
(A) be generalized;
(B) focus on trends across an incident; and
(C) not aim to determine the exact individual cause
of death or injury of any affected people.
(3) Fact-finding proceeding.--Any review of an incident by
the Board under this title shall be a fact-finding proceeding
with no adverse parties.
(4) Limitation of applicability of other acts.--
(A) Administrative procedure act.--Any review
proceedings of the Board under this title shall not
be--
(i) subject to the Administrative Procedure
Act (5 U.S.C. 551 et seq.); or
(ii) conducted for the purpose of
determining the rights, liabilities, or blame
of any person, as the review is not an
adjudicatory proceeding.
(B) Paperwork reduction act.--Chapter 35 of title
44, United States Code (commonly known as the
``Paperwork Reduction Act''), shall not apply to the
review proceedings of the Board under this title.
(C) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.
(5) Initiating reviews.--The Board shall initiate a review
of an incident by monitoring the situation and assessing
available facts to determine the appropriate review response,
without interfering in any ongoing lifesaving and life
sustaining efforts underway by other entities.
(6) Alignment and coordination.--In carrying out this
title, the Board shall coordinate with Federal, State, local,
and Tribal entities to--
(A) establish or adopt standard methods of
measuring the impacts of natural hazards and accessing
response capacity and capabilities to maintain
consistency and allow for the analysis of trends over
time;
(B) ensure that the standard data sets and formats
necessary for reviews developed under subparagraph (A)
are propagated among Federal, State, local, and tribal
entities that may be involved in response operations;
(C) leverage, to the extent practicable, data
collected using standard data sets and formats
established under subparagraph (B) by Federal entities
involved in response operations to avoid any
duplication of data collection; and
(D) during incident response operations, coordinate
with partners active in the operation to collect data
remotely or take other actions that the Board finds
necessary to align and coordinate the requirements of
the review with ongoing operations, including through
the requirements of paragraph (7).
(7) Incident command.--The Board shall--
(A) recognize the role of incident command systems
to address incidents;
(B) observe the incident command system to identify
and coordinate review needs related to the preservation
and collection of information and evidence; and
(C) shall collect information and evidence from the
incident command in a timely and reasonable manner so
as not to interfere with the operations of the incident
command.
(8) Parties to the review.--
(A) Participants.--Subject to subparagraph (B), the
Board may invite one or more entities to serve as a
party in a review on a voluntary basis, and any party
participant shall be required to follow all directions
and instructions from the Board.
(B) Eligible entity.--In designating an entity to
serve as a party under subparagraph (A), the Board may
designate only a Federal, State, or local government
agency or private organization whose employees,
functions, activities, or products were involved in the
incident, including responsible parties, and that can
provide suitable qualified technical personnel to
actively assist in the review.
(C) Representatives of eligible entities.--To the
extent practicable, a representative proposed by an
entity designated as a party under subparagraph (A) to
participate in the review may not be an individual who
had direct involvement in the incident under review.
(D) Revocation of party status.--A designation as a
party under subparagraph (A) may be revoked or
suspended by the Board if the party fails to comply
with assigned duties and instructions, withholds
information, or otherwise acts in a manner prejudicial
or disruptive to a review.
(E) Rule of construction.--Nothing in this
paragraph shall be construed to establish a right for
any entity to participate in a Board review as a party.
(F) Internal review by a party.--To assure
coordination of concurrent efforts, a party to a review
that conducts or authorizes an internal review of the
processes and procedures of the party as a result of an
incident that the Board is reviewing shall--
(i) inform the Board of the nature of the
review; and
(ii) provide to the Board findings from the
review.
(9) Review procedures.--In addition to any procedures
required under this title, the Board shall determine and
publish detailed review procedures as the Board determines
necessary.
(10) Products.--The Board may use any medium that will
effectively convey the findings and recommendations of the
Board to the targeted audience of such findings or
recommendations.
(d) Review by Affected Authorities.--
(1) In general.--When the Board has completed the findings
and recommendations or other products as a result of a review
under this title, the Board shall provide all affected States,
Tribal governments, and units of local government, or their
designees, an opportunity to review and comment not later than
30 days before the publication of the findings or
recommendations.
(2) Requirement.--The Board shall make every reasonable
effort, within its discretion, to respond to requests for
additional information and context that an affected
jurisdiction may make and to edit their findings and
recommendations with any useful additional information or
context provided by any affected jurisdiction in its comments
without affecting the integrity or independence of the review
and its findings and recommendations, as the Board shall
determine.
(e) Disproportionately Impacted Communities.--
(1) In general.--In carrying out a review of an incident
under this section, including in determining whether to launch
a review, the Board shall ensure the potential development of
findings that would benefit the prevention of loss of life and
human or economic injury to populations that are socially,
medically, or economically vulnerable, as decided by the Board.
(2) Data requirement.--To forward the analysis and
identification of trends of fatalities and injuries as a result
of incidents, the Board shall publish information regarding the
number of fatalities and injuries, and the facts and
circumstances surrounding them, disaggregated by race, color or
ethnicity, religion, nationality, sex, age, disability, English
proficiency, occupation, or economic status, and other
demographic characteristics that the Board may determine
appropriate.
(f) Coordination With Other Reviews and Investigations.--
(1) In general.--Subject to the requirements of this
section, a review of a natural hazard incident by the Board
under subsection (a)(1) shall have priority over any
investigation by another department, agency, or instrumentality
of the Federal Government or a State, Tribal, or local
government.
(2) Participation by other agencies.--The Board shall
provide for appropriate participation by other departments,
agencies, or instrumentalities in a review conducted by the
Board, except that another department, agency, or
instrumentality may not influence the final findings of the
Board.
(3) Coordination.--The Board shall coordinate with all
other Federal, State, Tribal, or local legally mandated
investigations or reviews and may share information with those
entities, according to policies and procedures that the Board
will provide, to ensure that appropriate findings and
recommendations to reduce loss of life, injury, and economic
injury caused by future incidents are produced as efficiently
as possible.
(4) Memoranda of understanding.--Not later than 1 year
after the date of enactment of this Act, and biennially
thereafter, the Chairman of the Board shall enter into
memoranda of understanding with the Director of the National
Institute of Standards and Technology, the Administrator of the
Federal Emergency Management Agency, the Chairman of the
Chemical Safety Board, and the Chairman of the National
Transportation Safety Board, respectively, and may enter into
additional memoranda of understanding with any other Federal
entity that requests such due to the relationship that the
requirements of the Federal entity may have with the
requirements with the Board, in order to--
(A) determine the appropriate roles and
responsibilities of the Board with respect to the other
agency or board;
(B) avoid any duplication of effort; and
(C) ensure that appropriate findings and
recommendations to reduce loss of life, injury, and
economic injury caused by future incidents are
provided.
(g) Participation in Support of Another Agency.--
(1) In general.--
(A) Investigation of acts of violence.--The Board
may participate in an investigation of an act of
violence in support of another Federal department or
agency, or other Federal investigative body with
statutory authority to lead such an investigation, if
the head of the lead investigative agency determines
that the participation of the Board would be beneficial
to reduce the likelihood of the loss of life and human
or economic injury, for future similar incidents.
(B) Investigation of technological incidents.--
(i) In general.--The Board may participate
in an investigation of a technological
incident--
(I) in support of another Federal
department or agency, or other Federal
investigative body with statutory
authority to lead such an
investigation, if the head of the lead
investigative agency determines that
the participation of the Board would be
beneficial to reduce the likelihood of
the loss of life and human or economic
injury, for future similar incidents;
or
(II) in the case of no statutory
authority for another Federal
department or agency, or other Federal
investigative body, to lead such an
investigation, as the lead
investigative entity.
(ii) Memoranda of understanding.--Not later
than 1 year after the date of enactment of this
Act, and biennially thereafter, the Chairman of
the Board shall enter into memoranda of
understanding with the heads of appropriate
Federal agencies in order to--
(I) determine the appropriate roles
and responsibilities of the Board in
investigating technological incidents
with respect to the other agency;
(II) avoid any duplication of
effort; and
(III) ensure that appropriate
findings and recommendations to reduce
loss of life, injury, and economic
injury caused by future incidents are
provided.
(2) Findings.--If the Board participates in an act of
violence or technological incident investigation under
subparagraph (A), the Board may issue independent findings and
recommendations notwithstanding the outcome of any
investigation conducted by another Federal agency or other
Federal investigative body.
(3) Criminal circumstances.--If the Attorney General, in
consultation with the Chairperson, determines and notifies the
Board that circumstances reasonably indicate that the act of
violence or technological incident described in subparagraph
(A) may have been caused by an intentional criminal act, the
Board shall relinquish investigative priority to the
responsible Federal law enforcement entity.
(4) Rule of construction.--This section shall not be
construed to affect the authority of another department,
agency, or instrumentality of the Federal Government to
investigate an incident under applicable law or to obtain
information directly from the parties involved in, and
witnesses to, the incident. The Board and other departments,
agencies, and instrumentalities shall ensure that appropriate
information developed about the incident is exchanged in a
timely manner.
(h) Technical Assistance.--The Board may make the following types
of technical assistance available to Federal, State, Tribal, and local
government agencies and to private entities as designated by a Federal,
State, Tribal, or local government agency:
(1) Independent review.--The Board shall disseminate best
practices to develop disaster investigation and review capacity
within State, Tribal, and local governments.
(2) Implementation of recommendations.--The Board--
(A) may provide technical assistance to any entity
identified as responsible for implementing a
recommendation under section 203(a)(1) to assist the
entity in implementing the recommendation; and
(B) to the extent possible, shall provide the
technical assistance described in subparagraph (A) in
coordination with technical assistance offered by
another Federal department or agency.
(3) Prioritization.--In offering technical assistance under
this subsection, the Board shall use a risk-based method of
prioritization, as the Board determines appropriate.
(i) Findings.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date on which the Board initiates a
review conducted under this section, the Board shall make the
findings and relevant underlying data of the review available
to the public.
(2) Extension of deadline.--The Chairperson of the Board
may extend the 1-year period described in paragraph (1) if the
Chairperson, before the end of such 1-year period--
(A) provides an explanation for the extension; and
(B) makes available to the public all available
interim findings and underlying data.
SEC. 203. RECOMMENDATIONS AND RESPONSES.
(a) In General.--If the Board issues a recommendation about an
incident, the Board shall--
(1) explain the relationship between any recommendation and
the results of a fact-finding review;
(2) identify each relevant entity responsible for making
the change called for in the recommendation, including State,
local, or private entities, as appropriate;
(3) publish any responses to the recommendation publicly;
and
(4) assess whether the responses adequately lower the
likelihood that a future similar incident will result in loss
of life, or human or economic injury in the view of the Board.
(b) Federal Responses to Recommendations.--
(1) In general.--All Federal departments and agencies
identified in a recommendation made by the Board shall reply to
the recommendations not later than 90 days after the date on
which the recommendation is published by the Board.
(2) Response described.--A response under paragraph (1)
made by a Federal department or agency shall include--
(A) whether the department or agency intends to
adopt the recommendation in whole, in part, or not at
all;
(B) an explanation of the reasons for only adopting
the recommendation in part or not at all; and
(C) a proposed timetable for completing the action
the Federal department or agency has agreed to.
(3) Progress updates.--A Federal department or agency that
agrees to adopt a recommendation of the Board shall--
(A) track the progress of the department or agency
toward completion; and
(B) provide an update to the Board, to be published
publicly, periodically, and not less frequently than
annually.
(c) Public Availability.--
(1) In general.--Not later than 1 year after the date on
which a final determination is made on a recommendation under
this section, the Board shall make a copy of the recommendation
and response to the recommendation available to the public.
(2) Extension of deadline.--The Chairperson of the Board
may extend the 1-year period described in paragraph (1) if the
Chairperson, before the end of such 1-year period--
(A) provides an explanation for the extension; and
(B) makes available to the public any available
interim response to the recommendation and underlying
data.
(d) Dissemination.--The Board shall propagate each recommendation
issued under this section, including by--
(1) incorporating the recommendation, and any related
findings, into training material used by Federal, State,
Tribal, and private training facilities specializing in
building resilience to and responding to and recovering from
natural hazards, as the Board deems appropriate;
(2) coordinating with professional associations related to
building resilience to and responding to and recovering from
natural hazards;
(3) collaborating with relevant Federal, State, and Tribal
authorities and private organizations; and
(4) coordinating with private and public institutions of
higher education and research institutions.
SEC. 204. REPORTS AND STUDIES.
(a) Studies and Other Reports.--
(1) In general.--The Board shall annually submit a report
containing the information described in paragraph (2) to--
(A) Congress;
(B) any department, agency, or instrumentality of
the Federal Government concerned with natural hazards;
(C) all State and Tribal governments; and
(D) the general public.
(2) Information described.--The information described in
this paragraph is--
(A) the results of special studies on how to reduce
morbidity and mortality from incidents;
(B) an examination of techniques and methods of
evaluating measures to protect the public from
incidents and periodically publish recommended
procedures for reviews;
(C) evaluation and examination of the effectiveness
of the findings of the Board about the natural hazard
resilience of other departments, agencies, and
instrumentalities of the Federal Government and their
effectiveness in preventing loss of life, or human or
economic injury; and
(D) recommend meaningful responses to reduce the
likelihood of loss of life, or human or economic
injury, according to the findings of the above-
mentioned research, including national and regional
policies and programs.
(b) Biennial Report.--Not later than June 1, 2023, and once every 2
years thereafter, the Board shall submit a report to Congress, which
shall include--
(1) a statistical and analytical summary of the reviews
conducted and reviewed by the Board during the prior 2 calendar
years;
(2) a survey and summary of the recommendations made by the
Board and the observed response to each recommendation,
including the classification, containing a written
justification and explanation of each recommendation as--
(A) open, if, in the determination of the Board,
sufficient action to fulfill the intent of the
recommendation has not been taken and still should be;
(B) closed, if, in the determination of the Board,
sufficient action to fulfill the intent of the
recommendation has been taken and no further action is
necessary; and
(C) outdated, if, in the determination of the
Board, the recommendation is no longer relevant because
of any change in circumstances or actions by parties
other than the intended recipient of the
recommendation;
(3) an assessment of efforts of Federal, State, Tribal, and
local governments to respond to recommendations made by the
Board, if such entities have voluntarily provided information
to the Board on the progress of the entity;
(4) a description of the training undertaken by the Board
and its staff and persons sponsored by the Board;
(5) a list of natural hazards that caused 10 or more
fatalities that the Board did not review and a recommendation
with justification by the Board of whether similar incidents
should be reviewed in the future;
(6) a recommendation on how, if at all, the thresholds and
triggers for a review by the Board should change;
(7) an assessment of the sufficiency of Federal resources
provided to State, Tribal, and local governments in aggregate
relative to any vulnerabilities that the Board determines the
governments have;
(8) a list of all requests for review from Governors of
States and territories and chief executives of Tribal
governments or recommended by the office established under
section 205(f)(2) that the Board rejected, including comments
and recommendations from the Board regarding whether similar
incidents should be reviewed in the future; and
(9) a list of ongoing reviews that have exceeded the
expected time allotted for completion by Board order and an
explanation for the additional time required to complete each
such review.
(c) Dissemination.--The Board shall propagate the information
described in subsection (a)(2), including by--
(1) incorporating the information into training material
used by Federal, State, Tribal, and private training facilities
specializing in building resilience to and responding to and
recovering from natural hazards, as the Board deems
appropriate;
(2) coordinating with professional associations related to
building resilience to and responding to and recovering from
natural hazards;
(3) collaborating with relevant Federal, State, and Tribal
authorities and private organizations; and
(4) coordinating with private and public institutions of
higher education and research institutions.
SEC. 205. APPOINTMENT AND ORGANIZATION.
(a) Appointment of Members.--
(1) In general.--The Board shall be composed of 7 members,
who shall, in accordance with paragraph (2) and subject to
paragraph (3), be appointed by the President, by and with the
advice and consent of the Senate.
(2) Procedure.--
(A) Initial appointments.--The President shall, in
consultation with the National Academies of Sciences,
Engineering, and Medicine and relevant professional
associations and leaders in the private sector, appoint
the 7 members of the Board from among a list of 14
individuals provided by both houses of Congress, of
which--
(i) the majority leader of the Senate shall
provide the names of 4 individuals;
(ii) the minority leader of the Senate
shall provide the names of 3 individuals;
(iii) the Speaker of the House of
Representatives shall provide the names of 4
individuals; and
(iv) the minority leader of the House of
Representatives shall provide the names of 3
individuals.
(B) Subsequent appointments.--Any vacancy of the
Board shall be filled in the same manner as the
original appointment.
(3) Requirements.--Of the 7 members appointed under
paragraph (1)--
(A) not more than 4 members may be appointed from
the same political party;
(B) all members shall be appointed on the basis of
technical qualification, professional standing, and
demonstrated knowledge in emergency management, fire
management, emergency medical services, public-health,
physical sciences, social science, behavioral science,
or architectural and engineering with post-disaster
evaluation or building forensics expertise in their
respective field;
(C) a minimum of 2 members shall have experience
working at the State or municipal level in 1 of the
fields described in subparagraph (B); and
(D) a minimum of 2 members shall have demonstrated
professional experience working with populations that
have historically been more vulnerable to incidents
because of their race, color, nationality, sex, age,
disability, English proficiency, or economic status.
(b) Terms of Office and Removal.--
(1) Term of office.--Except as provided in paragraph (2),
the term of office of each member shall be 5 years.
(2) Filling of vacancy.--An individual appointed to fill a
vacancy occurring before the expiration of the term for which
the predecessor of that individual was appointed is appointed
for the remainder of that term.
(3) Continuation until successor is appointed.--When the
term of office of a member ends, the member may continue to
serve until a successor is appointed and confirmed.
(4) Removal.--The President may remove a member only for
inefficiency, neglect of duty, or malfeasance in office.
Immediately upon removing a member of the Board, the President
shall issue a public statement that details how the actions of
the removed member met the criteria of this paragraph.
(c) Chairperson and Vice Chairperson.--
(1) Chairperson.--The President shall designate, by and
with the advice and consent of the Senate, a member appointed
under subsection (b) to serve as the Chairperson of the Board.
(2) Vice chairperson.--The President shall designate a
member appointed under subsection (b) to serve as the Vice
Chairperson of the Board and if the Chairperson is absent or
unable to serve, or if the position of Chairperson is vacant,
the Vice Chairperson shall act as the Chairperson.
(3) Term of office.--The Chairperson and Vice Chairperson
shall each serve in such position for a term of 3 years.
(d) Duties and Powers of Chairperson.--
(1) In general.--The Chairperson shall be the chief
executive and administrative officer of the Board.
(2) Powers.--Subject to the general policies and decisions
of the Board, the Chairperson shall--
(A) appoint and supervise officers and employees,
other than regular and full-time employees in the
immediate offices of another member, necessary to carry
out this title;
(B) fix the pay of officers and employees necessary
to carry out this title;
(C) distribute business among the officers,
employees, and administrative units of the Board; and
(D) supervise the expenditures of the Board.
(e) Quorum.--
(1) In general.--Subject to paragraphs (2) and (3), 4
members of the Board shall constitute a quorum for purposes of
carrying out the duties and powers of the Board, subject to the
limitations in the remainder of this subsection.
(2) Party limitation.--Not less than 1 representative from
each party shall be present for a quorum to be established.
(3) Chairperson.--Either the Chairperson or Vice
Chairperson shall be present for a quorum to be established.
(f) Offices.--
(1) In general.--The Board shall establish such offices as
are necessary to carry out this title, which may include
offices responsible for--
(A) operations;
(B) science and methodology;
(C) review and evaluation;
(D) communications;
(E) external coordination; or
(F) technical assistance.
(2) Office for the protection of disproportionately
impacted communities.--
(A) In general.--The Board shall establish an
office to review and make recommendations to mitigate
and prevent the loss of life, or human or economic
injury for vulnerable populations, including
populations that may be more vulnerable because of
their race, color, religion, nationality, sex, age,
disability, English proficiency, or economic status, or
other demographic characteristics that the Board may
determine appropriate.
(B) Responsibilities.--The office established under
paragraph (1) shall--
(i) provide recommendations to the Board
for incidents to review in accordance with
section 202(b)(4) that do not otherwise meet
the requirements of section 202(b);
(ii) determine and maintain a list specific
demographic, economic, social, and health
characteristics of populations that
historically have shown to be
disproportionately impacted by incidents;
(iii) during a review conducted by the
Board, provide research and analysis on how the
incident impacts populations that the Office
determines to be disproportionately impacted;
(iv) provide recommendations for each
review conducted by the Board and for each
report developed under section 204 on actions
that can be taken to reduce the impact to
populations that are found to be
disproportionately impacted under clause (ii);
and
(v) provide training, and establish
training requirements, for Board members and
staff in the fields of diversity, inclusion,
and equity in consultation with organizations
specializing in those fields.
(3) Regional offices.--In establishing offices under this
subsection, the Board may establish regional offices across the
United States to facilitate collaboration, coordination, and
the dissemination of findings, recommendations, and best
practices to State, Tribal, and local governments and the
private sector in such regions as the Board determines
appropriate.
(4) Purpose.--Each office established under this subsection
shall enable the Board to review, report on, and issue
recommendations to prevent the loss of life, human injury, and
economic injury and deliver technical assistance to disseminate
best practices in accordance with this title.
(g) Chief Financial Officer.--The Chairperson shall designate an
officer or employee of the Board to serve as the Chief Financial
Officer, who shall--
(1) report directly to the Chairperson on financial
management and budget execution;
(2) direct, manage, and provide policy guidance and
oversight on financial management and property and inventory
control; and
(3) review the fees, rents, and other charges imposed by
the Board for services and things of value it provides and
suggest appropriate revisions to those charges to reflect costs
incurred by the Board in providing those services and things of
value.
(h) Board Member Staff.--
(1) In general.--Each member of the Board shall appoint and
supervise regular and full-time employees in the immediate
office of the member as long as any such employee has been
approved for employment by the designated agency ethics
official under the same guidelines that apply to all employees
of the Board.
(2) Designation.--With respect to an individual appointed
under paragraph (1)--
(A) the member of the Board making the appointment
shall determine which grade of the General Schedule
most closely corresponds with respect to the duties and
functions of the position to which the individual is
appointed; and
(B) during the period of the appointment--
(i) the individual shall be compensated at
the appropriate rate of pay for the grade of
the General Schedule with respect to which the
determination is made under subparagraph (A);
and
(ii) for the purposes of title 5, United
States Code, and the rules issued under that
title, the individual shall be considered to be
an employee, as that term is defined in section
5331(a) of title 5, United States Code.
(3) Limitation.--Except for the Chairperson, the
appointment authority in paragraph (1) shall be limited to the
number of full-time equivalent positions, in addition to 1
senior professional staff position at a level not to exceed the
GS-15 level of the General Schedule and 1 administrative staff
position, allocated to each member of the Board through the
annual budget and allocation process of the Board.
(i) Detailed Staff.--
(1) Federal employees.--
(A) In general.--Upon request of the Board, the
head of an agency described in subparagraph (B), or any
other Federal department or agency that the Board may
request, may detail, on a reimbursable basis, any of
the personnel of that department or agency to the Board
to assist the Board in carrying out the duties of the
Board under this title.
(B) Relevant agencies.--For purposes of
subparagraph (A), the following are agencies described
in this subparagraph:
(i) The Federal Emergency Management
Agency.
(ii) The Cybersecurity and Infrastructure
Security Agency of the Department of Homeland
Security.
(iii) The National Oceanic and Atmospheric
Administration, including the National Weather
Service.
(iv) The Department of Defense, including
the Army Corps of Engineers.
(v) The Department of Health and Human
Services.
(vi) The National Institutes of Health.
(vii) The Centers for Disease Control and
Prevention.
(viii) The Coast Guard.
(ix) The National Transportation Safety
Board.
(x) The National Institute of Standards and
Technology.
(xi) The Government Accountability Office.
(xii) The Department of the Interior,
including the United States Geological Survey.
(xiii) Any Office of the Inspector General.
(xiv) The Small Business Administration.
(xv) The Chemical Safety and Hazard
Investigation Board.
(xvi) The Department of Housing and Urban
Development.
(xvii) The Department of Agriculture.
(2) State, local, tribal, and research staff.--
(A) In general.--The Board may enter into
agreements with State, local, and Tribal governments
and relevant nonprofit institutions of higher education
and research institutions to request staff, with
specialized experience that the Board determines
relevant, to be detailed to the Board, on a
reimbursable basis, and shall consult with relevant
associations and organizations of those entities in
developing an efficient process for requesting and
receiving detailed staff.
(B) Compensation.--The Board shall ensure that any
staff members detailed to the Board under this
paragraph are compensated equitably and shall pay
differences in salaries based on the experience of said
staff and in consultation with the Office of Personnel
Management.
(3) Term of detail.--Any staff member detailed to the Board
under this section shall be detailed for a term of 1 year and
such detail may be extended for not more than two 1-year terms.
(4) Limitations.--Under this subsection--
(A) not more than 25 percent of the total number of
staff members working for the Board at any time may be
detailees or otherwise nonpermanent staff;
(B) a detailee shall serve as an adviser or
supplemental professional staff in any office
established by the Board under subsection (g); and
(C) a detailee may not--
(i) determine any final findings or
recommendations; and
(ii) be the sole decisionmaker in review or
evaluation methodologies.
(j) Seal.--The Board shall have a seal that shall be judicially
recognized.
(k) Open Meetings.--
(1) In general.--Except as provided in paragraph (2), the
Board shall be considered an agency for purposes of section
552b of title 5, United States Code.
(2) Nonpublic collaborative discussions.--
(A) In general.--Notwithstanding section 552b of
title 5, United States Code, a majority of the members
may hold a meeting that is not open to public
observation to discuss official agency business, if--
(i) no formal or informal vote or other
official agency action is taken at the meeting;
(ii) each individual present at the meeting
is a member or an employee of the Board;
(iii) at least 1 member of the Board from
each political party is present at the meeting,
if applicable;
(iv) the General Counsel of the Board is
present at the meeting; and
(v) the records of the meeting, including
the names of the individuals in attendance,
time, place, and summary to be as thorough as
the Board determines to be prudent, are posted
publicly and online.
(B) Disclosure of nonpublic collaborative
discussions.--Except as provided under subparagraphs
(C) and (D), not later than 2 business days after the
conclusion of a meeting under subparagraph (A), the
Board shall make available to the public, in a place
easily accessible to the public--
(i) a list of the individuals present at
the meeting; and
(ii) a summary of the matters, including
key issues, discussed at the meeting, except
for any matter the Board properly determines
may be withheld from the public under section
552b(c) of title 5, United States Code.
(C) Summary.--If the Board properly determines a
matter may be withheld from the public under section
552b(c) of title 5, United States Code, the Board shall
provide a summary with as much general information as
possible on each matter withheld from the public.
(D) Active reviews.--If a discussion under
subparagraph (A) directly relates to an active review,
the Board shall make the disclosure under subparagraph
(B) on the date the Board adopts the final report.
(E) Preservation of open meetings requirements for
agency action.--Nothing in this paragraph may be
construed to limit the applicability of section 552b of
title 5, United States Code, with respect to a meeting
of the members other than that described in this
paragraph.
(F) Statutory construction.--Nothing in this
paragraph may be construed--
(i) to limit the applicability of section
552b of title 5, United States Code, with
respect to any information which is proposed to
be withheld from the public under subparagraph
(B)(ii); or
(ii) to authorize the Board to withhold
from any individual any record that is
accessible to that individual under section
552a of title 5, United States Code.
SEC. 206. METHODOLOGY.
(a) In General.--The Board shall conduct each review, issue each
recommendation, develop each report, and deliver all technical
assistance authorized under this title using the methods that are in
accordance with relevant professional best practices, including those
by analogous review organizations, academia, and government and private
organizations.
(b) Required Review.--The Board shall--
(1) review, on a regular basis, the methodologies of the
Board; and
(2) update the methodologies of the Board in accordance
with the findings of each review conducted under paragraph (1).
(c) Requirement.--In establishing the methodologies of the Board
under this section, the Board shall incorporate all relevant
information from relevant Federal, State, and local entities, including
past experience with similar incidents, exercises, risk assessments,
and all other past research and analysis.
(d) Transparency.--The Chairperson shall include with each review
report in which a recommendation is issued by the Board a methodology
section detailing the process and information underlying the selection
of each recommendation.
(e) Elements.--Except as provided in subsection (f), the
methodology section under subsection (a) shall include, for each
recommendation--
(1) a brief summary of the Board's collection and analysis
of the specific information most relevant to the
recommendation;
(2) a description of the Board's use of external
information, including studies, reports, and experts, other
than the findings of a specific review, if any were used to
inform or support the recommendation, including a brief summary
of the specific resilience benefits and other effects
identified by each study, report, or expert; and
(3) a brief summary of actions, including important
examples, taken by regulated entities before the publication of
the recommendation, to the extent such actions are known to the
Board, that were consistent with the recommendation.
(f) Savings Clause.--
(1) In general.--Nothing in this section may be construed--
(A) to delay publication of the findings, cause, or
probable cause of a Board review;
(B) to delay the issuance of an urgent
recommendation that the Board has determined must be
issued to avoid immediate death, or human or economic
injury; or
(C) to limit the number of examples the Board may
consider before issuing a recommendation.
(2) Limitation.--Notwithstanding paragraph (1), the Board
shall publish the methodology required under this section not
later than 30 days after the date on which the review is
initially published.
SEC. 207. ADMINISTRATIVE.
(a) Authority.--
(1) In general.--The Board, and when authorized by the
Board, a member of the Board, an administrative law judge
employed by or assigned to the Board, or an officer or employee
designated by the Chairperson, may conduct hearings to carry
out this title, administer oaths, and require, by subpoena or
otherwise, necessary witnesses and evidence.
(2) Subpoena authority.--A witness or evidence in a hearing
under paragraph (1) of this subsection may be summoned or
required to be produced from any place in the United States to
the designated place of the hearing. A witness summoned under
this subsection is entitled to the same fee and mileage the
witness would have been paid in a court of the United States.
(3) Requirement.--A subpoena shall be issued under the
signature of the Chairperson or the Chairperson's designee, but
may be served by any person designated by the Chairperson.
(4) Enforcement.--If a person disobeys a subpoena, order,
or inspection notice of the Board, the Board may bring a civil
action in a district court of the United States to enforce the
subpoena, order, or notice. An action under this paragraph may
be brought in the judicial district in which the person against
whom the action is brought resides, is found, or does business.
The court may punish a failure to obey an order of the court to
comply with the subpoena, order, or notice as a contempt of
court.
(b) Additional Powers.--The Board may--
(1) procure the temporary or intermittent services of
experts or consultants under section 3109 of title 5, United
States Code;
(2) make agreements and other transactions necessary to
carry out this title without regard to subsections (b), (c),
and (d) of section 6101 of title 41, United States Code;
(3) use, when appropriate, available services, equipment,
personnel, and facilities of a department, agency, or
instrumentality of the United States Government on a
reimbursable or other basis;
(4) confer with employees and use services, records, and
facilities of State and local governmental authorities;
(5) appoint advisory committees composed of qualified
private citizens and officials of the Government and State and
local governments as appropriate;
(6) accept voluntary and uncompensated services
notwithstanding another law;
(7) make contracts with private entities to carry out
studies related to duties and powers of the Board; and
(8) negotiate and enter into agreements with individuals
and private entities and departments, agencies, and
instrumentalities of the Federal Government, State, Tribal, and
local governments, and governments of foreign countries for the
provision of facilities, technical services, or training in
research theory and techniques, and require that such entities
provide appropriate consideration for the reasonable costs of
any facilities, goods, services, or training provided by the
Board.
(c) Collection of Funds.--The Board shall deposit in the Treasury
of the United States amounts received under subsection (b)(8) of this
subsection to be credited as discretionary offsetting collections to
the appropriation of the Board, and shall be available only to the
extent and in the amounts provided in advance in appropriations Acts.
The Board shall maintain an annual record of collections received under
subsection (b)(8).
(d) Submission of Certain Copies to Congress.--
(1) In general.--When the Board submits to the President or
the Director of the Office of Management and Budget a budget
estimate, budget request, supplemental budget estimate, other
budget information, a legislative recommendation, prepared
testimony for congressional hearings, or comments on
legislation, the Board must submit a copy to Congress at the
same time.
(2) Limitation.--An officer, department, agency, or
instrumentality of the Government may not require the Board to
submit the estimate, request, information, recommendation,
testimony, or comments to another officer, department, agency,
or instrumentality of the Government for approval, comment, or
review before being submitted to Congress.
(3) Budget process.--The Board shall develop and approve a
process for the Board's review and comment or approval of
documents submitted to the President, Director of the Office of
Management and Budget, or Congress under this subsection.
(e) Liaison Committees.--The Chairperson may determine the number
of committees that are appropriate to maintain effective liaison with
other departments, agencies, and instrumentalities of the Federal
Government, State and local governmental authorities, and independent
standard-setting authorities that carry out programs and activities
related to its work. The Board may designate representatives to serve
on or assist those committees.
(f) Inquiries.--The Board, or an officer or employee of the Board
designated by the Chairperson, may conduct an inquiry to obtain
information related to natural hazard safety after publishing notice of
the inquiry in the Federal Register. The Board or designated officer or
employee may require by order a department, agency, or instrumentality
of the Federal Government, a State, Tribal, or local governmental
authority, or a person transporting individuals or property in commerce
to submit to the Board a written report and answers to requests and
questions related to a duty or power of the Board. The Board may
prescribe the time within which the report and answers must be given to
the Board or to the designated officer or employee. Copies of the
report and answers shall be made available for public inspection.
(g) Regulations.--The Board may prescribe regulations to carry out
this title.
(h) Overtime Pay.--
(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of section
5542(a) of title 5, United States Code, for an employee of the
Board whose basic pay is at a rate which equals or exceeds the
minimum rate of basic pay for GS-10 of the General Schedule,
the Board may establish an overtime hourly rate of pay for the
employee with respect to work performed in the field (including
travel to or from) and other work that is critical to a review
in an amount equal to one and one-half times the hourly rate of
basic pay of the employee. All of such amount shall be
considered to be premium pay.
(2) Limitation on overtime pay to an employee.--An employee
of the Board may not receive overtime pay under paragraph (1),
for work performed in a calendar year, in an amount that
exceeds 25 percent of the annual rate of basic pay of the
employee for such calendar year.
(3) Basic pay defined.--In this subsection, the term
``basic pay'' includes any applicable locality-based
comparability payment under section 5304 of title 5, United
States Code (or similar provision of law) and any special rate
of pay under section 5305 of such title 5 (or similar provision
of law).
(4) Annual report.--Not later than January 31, 2022, and
annually thereafter, the Board shall transmit to Congress a
report identifying the total amount of overtime payments made
under this subsection in the preceding fiscal year, and the
number of employees whose overtime pay under this subsection
was limited in that fiscal year as a result of the 25 percent
limit established by paragraph (2).
(i) Entry and Inspection.--
(1) In general.--An officer or employee of the Board--
(A) on display of appropriate credentials and
written notice of authority, may--
(i) enter an area where an incident has
occurred;
(ii) take such actions as are necessary to
conduct a review under this section, so long as
the actions do not interfere with ongoing
lifesaving and life-sustaining operations; and
(iii) during reasonable hours, inspect any
record, including an electronic record,
process, control, or facility related to an
incident under this title.
(2) Requirement.--The Board shall use utmost discretion to
prevent interference with ongoing response efforts, including
by developing review procedures with input from relevant
authorities nationwide.
SEC. 208. DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION.
(a) Disclosure of Information.--
(1) In general.--Except as provided in subsections (b),
(c), (d), and (f) of this section, a copy of a record,
information, or review submitted or received by the National
Disaster Safety Board, or a member or employee of the Board,
shall be posted publicly.
(2) Rule of construction.--Nothing in this subsection shall
be construed to require the release of information described in
section 552(b) of title 5, United States Code, or protected
from disclosure by another law of the United States.
(b) Trade Secrets.--
(1) In general.--The Board may disclose information related
to a trade secret referred to in section 1905 of title 18,
United States Code, only--
(A) to another department, agency, or
instrumentality of the United States Government when
requested for official use;
(B) to a committee of Congress having jurisdiction
over the subject matter to which the information is
related, when requested by that committee;
(C) in a judicial proceeding under a court order
that preserves the confidentiality of the information
without impairing the proceeding; and
(D) to the public to protect health and safety
after giving notice to any interested person to whom
the information is related and an opportunity for that
person to comment in writing, or orally in closed
session, on the proposed disclosure, if the delay
resulting from notice and opportunity for comment would
not be detrimental to health and safety.
(2) Requirement.--Information disclosed under paragraph (1)
of this subsection may be disclosed only in a way designed to
preserve its confidentiality.
(3) Protection of voluntary submission of information.--
Notwithstanding any other provision of law, neither the Board,
nor any agency receiving information from the Board, shall
disclose voluntarily provided safety-related information if
that information is not related to the exercise of the Board's
review authority under this title and if the Board finds that
the disclosure of the information would inhibit the voluntary
provision of that type of information.
(c) Recordings and Transcripts.--
(1) Confidentiality of recordings.--Except as provided in
paragraph (2), the Board may not disclose publicly any part of
an original recording or transcript of oral communications or
original and contemporary written communications between
Federal, State, Tribal, or local officials responding to an
incident under review by the Board.
(2) Exception.--Subject to subsections (b) and (g), the
Board shall make public any part of a transcript, any written
depiction of visual information obtained from an audio or video
recording, or any still image obtained from a recording the
Board decides is relevant to the incident--
(A) if the Board holds a public hearing on the
incident at the time of the hearing; or
(B) if the Board does not hold a public hearing, at
the time a majority of the other factual reports on the
incident are placed in the public docket.
(3) References to information in making safety
recommendations.--This subsection does not prevent the Board
from referring at any time to recorded or written information
in making safety recommendations.
(d) Foreign Reviews.--
(1) In general.--Notwithstanding any other provision of
law, neither the Board, nor any agency receiving information
from the Board, shall disclose records or information relating
to its participation in foreign incident review, except that--
(A) the Board shall release records pertaining to
such a review when the country conducting the review
issues its final report or 2 years following the date
of the incident, whichever occurs first; and
(B) the Board may disclose records and information
when authorized to do so by the country conducting the
review.
(2) Safety recommendations.--Nothing in this subsection
shall restrict the Board at any time from referring to foreign
review information in making safety recommendations.
(e) Privacy Protections.--Before making public any still image
obtained from a video recorder under subsection (c)(2) or subsection
(d)(2), the Board shall take such action as appropriate to protect from
public disclosure any information that readily identifies an
individual, including a decedent.
SEC. 209. TRAINING.
(a) Use of Training Facilities.--The Board may use, on a
reimbursable basis, the services of any training facility in the
Federal Government, including those operated by the Department of
Homeland Security, Department of Health and Human Services, and
Department of Commerce. The responsible department or agency shall make
such training facility and any relevant training course available to--
(1) the Board for safety training of employees of the Board
in carrying out their duties and powers; and
(2) other relevant personnel of the United States
Government, State and local governments, governments of foreign
countries, interstate authorities, and private organizations
the Board designates in consultation with the relevant
departments and agencies.
(b) Fees.--Training shall be provided at a reasonable fee
established periodically by the Board in consultation with the relevant
departments and agencies. The fee shall be paid directly to the
relevant departments and agencies, and shall be deposited in the
Treasury.
(c) Training of Board Employees and Others.--The Board may conduct
training of its employees in those subjects necessary for proper
performance. The Board may also authorize attendance at courses given
under this subsection by other government personnel, personnel of
foreign governments, and personnel from industry or otherwise who have
a requirement for training. The Board may require non-Board personnel
to reimburse some or all of the training costs, and amounts so
reimbursed shall be credited to the appropriation of the Board as
discretionary offsetting collections, and shall be available only to
the extent and in the amounts provided in advance in appropriations
Acts.
SEC. 210. FUNDING.
(a) In General.--The following amounts are authorized to be
appropriated to the Board to carry out this title:
(1) $25,000,000 for fiscal year 2022.
(2) $40,000,000 for fiscal year 2023.
(3) $50,000,000 for fiscal year 2024.
(4) $60,000,000 for fiscal year 2025.
(b) Emergency Fund.--
(1) In general.--There shall be established in the Treasury
of the United States an Emergency Fund for the Board, which
shall be available to the Board for necessary expenses of the
Board, not otherwise provided for, for reviews.
(2) Appropriations.--There are authorized to be
appropriated to the Emergency Fund--
(A) $2,000,000 for fiscal year 2022;
(B) such sums as are necessary to maintain the
Emergency Fund at a level not to exceed $4,000,000 for
each fiscal year thereafter; and
(C) such other sums as Congress determines
necessary.
SEC. 211. AUTHORITY OF THE INSPECTOR GENERAL.
(a) In General.--The Inspector General of the Department of
Homeland Security, in accordance with the mission of the Inspector
General to prevent and detect fraud and abuse, shall have authority to
review only the financial management, property management, and business
operations of the Board, including internal accounting and
administrative control systems, to determine compliance with applicable
Federal laws, rules, and regulations.
(b) Duties.--In carrying out this section, the Inspector General
shall--
(1) keep the Chairperson of the Board and Congress fully
and currently informed about problems relating to
administration of the internal accounting and administrative
control systems of the Board;
(2) issue findings and recommendations for actions to
address such problems; and
(3) report periodically to Congress on any progress made in
implementing actions to address such problems.
(c) Access to Information.--In carrying out this section, the
Inspector General may exercise authorities granted to the Inspector
General under subsections (a) and (b) of section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Office of the Inspector General of the Department
of Homeland Security such sums as may be necessary to cover expenses
associated with activities pursuant to the authority exercised under
this section.
SEC. 212. EVALUATION AND AUDIT OF NATIONAL DISASTER SAFETY BOARD.
(a) In General.--As determined necessary by the Comptroller General
of the United States or the appropriate congressional committees, but
not less frequently than once every 2 years, the Comptroller General of
the United States shall evaluate and audit the programs and
expenditures of the Board in order to promote economy, efficiency, and
effectiveness in the administration of the programs, operations, and
activities of the Board.
(b) Responsibility of Comptroller General.--In carrying out
subsection (a), the Comptroller General of the United States shall
evaluate and audit the programs, operations, and activities of the
Board, including--
(1) information management and security, including privacy
protection of personally identifiable information;
(2) the resource levels of the Board and management of such
resources relative to the mission of the Board;
(3) workforce development;
(4) procurement and contracting planning, practices, and
policies;
(5) the process and procedures to select an incident to
review;
(6) the extent to which the Board follows leading practices
in selected management areas;
(7) the extent to which the Board addresses management
challenges in completing reviews;
(8) the extent to which the evaluation, review, and
recommendation-issuing methodologies of the Board are
consistent with established best practice, as determined by the
Comptroller General; and
(9) an impact evaluation of the work of the Board, using
the purposes and intent described in this title and by the
Board, against the realized results of the Board, according to
a methodology determined by the Comptroller General, conducted
in a manner that is not overly disruptive to the work of the
Board.
SEC. 213. DEFINITIONS.
In this title:
(1) Act of violence.--The term ``act of violence'' means an
offense described in section 16(a) of title 18, United States
Code.
(2) Board.--The term ``Board'' means the National Disaster
Safety Board established under section 202.
(3) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Board designated under section 205.
(4) Economic injury.--The term ``economic injury'' has the
meaning given the term ``substantial economic injury'' in
section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
(5) Incident.--The term ``incident'' means a natural hazard
or other circumstance that the Board decides to review.
(6) Institution of higher education and research
institution.--The term ``institution of higher education and
research institution'' means--
(A) an institution of higher education (as defined
in section 101 of the Higher Education Act (20 U.S.C.
1001));
(B) a National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801));
(C) a laboratory described in section 308(c)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 188(c)(2));
(D) the National Domestic Preparedness Consortium
established under section 1204 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1102) and the members of such Consortium; and
(E) a research institution associated with an
institution of higher education.
(7) Natural hazard.--The term ``natural hazard''--
(A) means a major disaster, as defined in paragraph
(2) of section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122),
that is naturally occurring, regardless of--
(i) whether the President makes a
determination with respect to severity and
magnitude of the disaster under such paragraph;
or
(ii) the result of such a determination;
(B) includes any naturally occurring heat wave,
wind storm, wildfire, wildland urban interface fire,
urban conflagration fire, or dust storm;
(C) includes any combination of events covered by
subparagraphs (A) and (B) that causes or threatens to
cause loss of human life, or human or economic injury,
as determined by the Board; and
(D) does not include a technological disaster.
(8) State.--The term ``State'' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(9) Technological disaster.--The term ``technological
disaster'' means an incident that--
(A) is caused by human error or malfunction in
technology, including a dam or structural failure, a
fire (other than a naturally occurring wildfire,
wildland urban interface fire, urban conflagration
fire, or arson), a hazardous material incident, a
nuclear accident, and a power and telecommunications
failure; and
(B) causes loss of human life, or human or economic
injury, as determined by the Board.
(10) Terrorism.--The term ``terrorism'' has the meaning
given the term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(11) Tribal government.--The term ``Tribal government''
means the governing body of any Indian or Alaska Native tribe,
band, nation, pueblo, village, or community that the Secretary
of the Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5130 et seq.).
TITLE III--NATIONAL WILDLAND FIRE RISK REDUCTION PROGRAM
SEC. 301. ESTABLISHMENT OF NATIONAL WILDLAND FIRE RISK REDUCTION
PROGRAM.
The President shall establish a National Wildland Fire Risk
Reduction Program with the purpose of achieving major measurable
reductions in the losses of life and property from wildland fires
through a coordinated Federal effort to--
(1) improve the assessment of fire environments and the
understanding and prediction of wildland fires, associated
smoke, and their impacts, including--
(A) at the wildland-urban interface;
(B) on communities, buildings and other
infrastructure;
(C) on ecosystem services; and
(D) social and economic impacts;
(2) develop and encourage the adoption of science-based and
cost-effective measures to enhance resilience to wildland fires
and prevent and mitigate negative impacts of wildland fires and
associated smoke; and
(3) improve the understanding and mitigation of the impacts
of climate change and variability on wildland fire risk,
frequency, and severity, and to inform paragraphs (1) and (2).
SEC. 302. PROGRAM ACTIVITIES.
The Program shall consist of the activities described in section
306, which shall be designed--
(1) to support research and development, including
interdisciplinary research, related to fire environments,
wildland fires, associated smoke, and their impacts, in
furtherance of a coordinated interagency effort to address
wildland fire risk reduction;
(2) to support data management and stewardship, the
development and coordination of data systems and computational
tools, and the creation of a centralized, integrated data
collaboration environment for Program agency data, to
accelerate the understanding of fire environments, wildland
fires, associated smoke, and their impacts, and the benefits of
wildland fire risk mitigation measures;
(3) to support the development of tools and technologies,
including decision support tools and risk and hazard maps, to
improve understanding, monitoring, prediction, and mitigation
of wildland fires, associated smoke, and their impacts;
(4) to support research and development activities to
improve data, tools, and technologies that directly inform,
support, and complement active land management, forest and
habitat restoration, and healthy ecosystem practices executed
by the Forest Service, State, local, and Tribal entities;
(5) to support education and training to expand the number
of students and researchers in areas of study and research
related to wildland fires;
(6) to accelerate the translation of research related to
wildland fires and associated smoke into operations to reduce
risk to communities, buildings, other infrastructure, and
ecosystem services;
(7) to conduct communication and outreach regarding
wildland fire science and wildland fire risk mitigation, to
communities, energy utilities and operators of other critical
infrastructure, and other relevant stakeholders;
(8) to support research and development projects funded
under joint solicitations or through memoranda of understanding
between no fewer than two agencies participating in the
Program; and
(9) to disseminate, to the extent practicable, scientific
data and related products and services in formats meeting
shared standards to enhance the interoperability, usability,
and accessibility of Program Agency data, including data as
part of paragraph (2) in order to better meet the needs of
Program agencies, other Federal agencies, and relevant
stakeholders.
SEC. 303. INTERAGENCY COORDINATING COMMITTEE ON WILDLAND FIRE RISK
REDUCTION.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Director of the Office of Science and
Technology Policy shall establish an Interagency Coordinating Committee
on Wildland Fire Risk Reduction (in this Act referred to as the
``Committee''), to be co-chaired by the Director and the Director of
the National Institute of Standards and Technology.
(b) Membership.--In addition to the co-chairs, the Committee shall
be composed of--
(1) the Director of the National Science Foundation;
(2) the Administrator of the National Oceanic and
Atmospheric Administration;
(3) the Administrator of the Federal Emergency Management
Agency;
(4) the United States Fire Administrator;
(5) the Chief of the Forest Service;
(6) the Administrator of the National Aeronautics and Space
Administration;
(7) the Administrator of the Environmental Protection
Agency;
(8) the Secretary of Energy;
(9) the Director of the Office of Management and Budget;
(10) the Secretary of the Interior;
(11) the Director of United States Geological Survey;
(12) the Secretary of Health and Human Services;
(13) the Secretary of Defense;
(14) the Secretary of Housing and Urban Development; and
(15) the head of any other Federal agency that the Director
considers appropriate.
(c) Meetings.--The Committee shall meet not less than twice a year
for the first 2 years and then not less than once a year at the call of
the Director.
(d) General Purpose and Duties.--The Committee shall oversee the
planning, management, and coordination of the Program, and solicit
stakeholder input on Program goals.
(e) Strategic Plan.--The Committee shall develop and submit to
Congress, not later than one year after the date of the enactment of
this Act, and update every 4 years thereafter, a Strategic Plan for the
Program that includes--
(1) prioritized goals for the Program, consistent with the
purposes of the Program as described in section 301;
(2) short-term, mid-term, and long-term research and
development objectives to achieve those goals;
(3) a description of the role of each Program agency in
achieving the prioritized goals;
(4) a description of how the Committee will foster
collaboration between and among the Program agencies and other
Federal agencies to help meet the goals of the Program;
(5) the methods by which progress toward the goals will be
assessed;
(6) an explanation of how the Program will foster the
translation of research into measurable reductions in the
losses of life, property, and ecosystem services from wildland
fires, including recommended outcomes and metrics for each
program goal and how operational Program agencies will
transition demonstrated technologies and research findings into
decision support tools and operations;
(7) a description of the research infrastructure, including
databases and computational tools, needed to accomplish the
research and development objectives outlined in paragraph (2),
a description of how research infrastructure in existence at
the time of the development of the plan will be used to meet
the objectives, an explanation of how new research
infrastructure will be developed to meet the objectives, and a
description of how the program will implement the integrated
data collaboration environment per section 302(2);
(8) a description of how Program agencies will collaborate
with stakeholders and take into account stakeholder needs and
recommendations in developing research and development
objectives;
(9) recommendations on the most effective means to
integrate the research results into wildland fire preparedness
and response actions across Federal, State, local, Tribal, and
territorial levels;
(10) guidance on how the Committee's recommendations are
best used in climate adaptation planning for Federal, State,
local, Tribal, and territorial entities;
(11) a nationally recognized, consensus-based definition of
wildland-urban interface and other key terms and definitions
relating to wildland fire, developed in consideration of the
meaning given such term in section 4(11) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203(11)); and
(12) a description of opportunities to support new areas of
research and development and new types of collaborations that
seek to optimize building and landscape design across multiple
resilience goals, including resilience to wildland fires and
other natural hazards, energy efficiency, and environmental
sustainability.
(f) Coordination With Other Federal Efforts.--The Director shall
ensure that the activities of the Program are coordinated with other
relevant Federal initiatives as appropriate.
(g) National Academies Study.--The Committee shall assess the need
for a study, or a series of studies, to be conducted by the National
Academies of Sciences, Engineering, and Medicine, and how such a study,
or series of studies, could help identify research areas for further
study and inform research objectives, including further research into
the interactions between climate change and wildland fires. The
Committee shall brief the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on its assessment under this
subsection not later than 1 year after the date of enactment of this
Act.
(h) Progress Report.--Not later than 18 months after the date of
the transmission of the first Strategic Plan under subsection (e) to
Congress and not less frequently than once every 2 years thereafter,
the Committee shall submit to the Congress a report on the progress of
the Program that includes--
(1) a description of the activities funded under the
Program, a description of how those activities align with the
prioritized goals and research objectives established in the
Strategic Plan, and the budgets, per agency, for these
activities; and
(2) the outcomes achieved by the Program for each of the
goals identified in the Strategic Plan.
SEC. 304. NATIONAL ADVISORY COMMITTEE ON WILDLAND FIRE RISK REDUCTION.
(a) In General.--The Director shall establish a National Advisory
Committee on Wildland Fire Risk Reduction, consisting of not fewer than
7 and not more than 15 members who are qualified to provide advice on
wildland fire risk reduction and represent related scientific,
architectural, and engineering disciplines, none of whom may be
employees of the Federal Government, including--
(1) representatives of research and academic institutions;
(2) standards development organizations;
(3) emergency management agencies;
(4) State, local, and Tribal governments;
(5) business communities, including the insurance industry;
and
(6) other representatives as designated by the Director.
(b) Assessment.--The Advisory Committee shall offer assessments and
recommendations on--
(1) trends and developments in the natural, engineering,
and social sciences and practices of wildland fire risk
mitigation;
(2) the priorities of the Program's Strategic Plan;
(3) the management, coordination, implementation, and
activities of the Program;
(4) the effectiveness of the Program in meeting its
purposes; and
(5) the need to revise the Program.
(c) Compensation.--The members of the Advisory Committee
established under this section shall serve without compensation.
(d) Reports.--At least every 2 years, the Advisory Committee shall
report to the Director on the assessments carried out under subsection
(b) and its recommendations for ways to improve the Program.
(e) Charter.--Notwithstanding section 14(b)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall
not be required to file a charter subsequent to its initial charter,
filed under section 9(c) of such Act, before the termination date
specified in subsection (f) of this section.
(f) Termination.--The Advisory Committee shall terminate on
September 30, 2026.
(g) Conflict of Interest.--An Advisory Committee member shall
recuse himself from any Advisory Committee activity in which he has an
actual pecuniary interest.
SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a report to
Congress that--
(1) evaluates the progress and performance of the Program
in establishing and making progress toward the goals of the
Program as set forth in this Act; and
(2) includes such recommendations as the Comptroller
General determines are appropriate to improve the Program.
SEC. 306. RESPONSIBILITIES OF PROGRAM AGENCIES.
(a) National Institute of Standards and Technology.--The
responsibilities of the Director of the National Institute of Standards
and Technology with respect to the Program are as follows:
(1) Research and development activities.--The Director of
the National Institute of Standards and Technology shall--
(A) carry out research on the impact of wildland
fires on communities, buildings, and other
infrastructure, including structure-to-structure
transmission of fire and spread within communities;
(B) carry out research on the generation of
firebrands from wildland fires and on methods and
materials to prevent or reduce firebrand ignition of
communities, buildings, and other infrastructure;
(C) carry out research on novel materials, systems,
structures, and construction designs to harden
structures, parcels, and communities to the impact of
wildland fires;
(D) carry out research on the impact of
environmental factors on wildland fire behavior,
including wind, terrain, and moisture;
(E) support the development of performance-based
tools to mitigate the impact of wildland fires, and
work with appropriate groups to promote and assist in
the use of such tools, including through model building
codes and fire codes, standard test methods, voluntary
consensus standards, and construction and retrofit best
practices;
(F) in collaboration with the United States Fire
Administration, carry out research and development of
decontamination methods and technologies for
firefighting gear on and off the field.
(G) develop and execute a research plan on public
safety communication coordination standards among
Federal, State, local, and Tribal wildland
firefighters, fire management response officials and
the National Interagency Fire Center;
(H) carry out research to improve and integrate
existing communications systems to transmit secure
real-time data, alters, and accurate advisories to
wildland firefighters;
(I) carry out both live and virtual field testing
and measurement of equipment, software, and other
technologies to determine current effectiveness and
times of information dissemination and develop
standards and best practices for the delivery of useful
and secure real-time data to wildland firefighters; and
(J) develop and publish recommendations to improve
public safety communication coordination standards
among wildland firefighters and member agencies of the
National Interagency Fire Center, including providing
such recommendations to the Office of Management and
Budget and the Office of Science and Technology Policy.
(2) Wildland-urban interface fire post-investigations.--The
Director of the National Institute of Standards and Technology
shall--
(A) coordinate Federal post-wildland fire
investigations of fires at the wildland-urban
interface; and
(B) develop methodologies, in collaboration with
the Administrator of FEMA and in consultation with
relevant stakeholders, to characterize the impact of
wildland fires on communities and the impact of changes
in building and fire codes, including methodologies--
(i) for collecting, inventorying, and
analyzing information on the performance of
communities, buildings, and other
infrastructure in wildland fires; and
(ii) for improved collection of pertinent
information from different sources, including
first responders, the design and construction
industry, insurance companies, and building
officials.
(b) National Science Foundation.--As a part of the Program, the
Director of the National Science Foundation shall support--
(1) research, including large-scale convergent research, to
improve the understanding and prediction of wildland fire
risks, including the conditions that increase the likelihood of
a wildland fire, the behavior of wildland fires, and their
impacts on buildings, communities, infrastructure, ecosystems
and living systems;
(2) development and improvement of tools and technologies,
including databases and computational models, to enable and
accelerate the understanding and prediction of wildland fires
and their impacts;
(3) development of research infrastructure, as appropriate,
to enable and accelerate the understanding and prediction of
wildland fires and their impacts, including upgrades or
additions to the National Hazards Engineering Research
Infrastructure;
(4) research to improve the understanding of--
(A) the response to wildland fire risk and response
messages by individuals, communities, and policymakers;
(B) social and economic factors influencing the
implementation and adoption of wildland fire risk
reduction and response measures by individuals,
communities, and policymakers; and
(C) decision-making and emergency response to
wildland fires;
(5) undergraduate and graduate research opportunities and
graduate and postdoctoral fellowships and traineeships in
fields of study relevant to wildland fires and their impacts;
and
(6) research to improve the understanding of the impacts of
climate change and climate variability on wildland fires,
including wildland fire risk, frequency, and severity, and
wildland fire prediction, mitigation, and resilience
strategies.
(c) National Oceanic and Atmospheric Administration.--
(1) In general.--The Administrator of the National Oceanic
and Atmospheric Administration (in this subsection referred to
as the ``Administrator'') shall conduct research, observations,
modeling, forecasting, prediction, and historical analysis of
wildland fires to improve understanding of the connections
between fire weather and modes of climate variability, impacts
on hydrology, and wildland fires, and associated fire weather
and smoke, air quality, for the protection of life and property
and for the enhancement of the national economy.
(2) Weather forecasting and decision support for wildland
fires.--The Administrator shall--
(A) develop and provide in consultation with the
relevant Federal Agencies, as the Administrator
determines appropriate, accurate, timely, and effective
warnings and forecasts of wildland fires and fire
weather events that endanger life and property, which
may include red flag warnings, operational fire weather
alerts, real-time notification of ignitions, and any
other warnings or alerts the Administrator deems
appropriate;
(B) provide stakeholders and the public with
impact-based decision support services, seasonal
climate predictions, air quality products, and smoke
forecasts; and
(C) provide on-site weather forecasts, seasonal
climate predictions, and other decision support to
wildland fire incident command posts, including by
deploying incident meteorologists for the duration of
an extreme event.
(3) Wildland fire data.--The Administrator shall contribute
to and support the centralized, integrated data collaboration
environment in accordance with section 302(2) and any other
relevant Federal data systems by ensuring--
(A) interoperability, usability, and accessibility
of National Oceanic and Atmospheric Administration data
and tools related to wildland fires, associated smoke,
and their impacts;
(B) inclusion of historical wildland fire incident
and fire weather data, and identifying potential gaps
in such data; and
(C) the acquisition or collection of additional
data that is needed to advance wildland fire science.
(4) Wildland fire and fire weather surveillance and
observations.--The Administrator, in coordination with
Administrator of the National Aeronautics and Space
Administration and in consultation with relevant stakeholders--
(A) shall leverage existing observations,
technologies and assets and develop or acquire new
technologies and data to sustain and enhance
environmental observations used for wildland fire
prediction and detection, fire weather and smoke
forecasting and monitoring, and post-wildland fire
recovery, with a focus on--
(i) collecting data for high-risk pre-
ignition analysis, such as drought, fuel and
vegetation conditions, and soil moisture, that
will help predict severe wildland fire
conditions on all timescales;
(ii) supporting identification and
classification of fire environments at the
smallest practical scale to determine
vulnerability to wildland fires and rapid
wildland fire growth;
(iii) detecting, observing, and monitoring
wildland fires and smoke;
(iv) supporting research on the interaction
of weather and wildland fire behavior;
(v) supporting post-fire assessments
conducted by Program agencies and relevant
stakeholders;
(vi) conditions that influence fire
behavior and spread including those conditions
that suppress active fire events; and
(vii) fire risk values;
(B) shall prioritize the ability to detect,
observe, and monitor wildland fire and smoke in its
requirements for its current and future observing
systems and commercial data purchases; and
(C) not later than 12 months after the date of the
enactment of this Act--
(i) may offer to enter into contracts, in
consultation with the Secretary of Agriculture
and the Secretary of the Interior, with one or
more entities to obtain additional airborne and
space-based data and observations that may
enhance or supplement the understanding,
monitoring, prediction, and mitigation of
wildland fire risks, and the relevant Program
activities under section 302; and
(ii) in carrying out clause (i), shall
consult with private sector entities through
the advisory committee established pursuant to
section 304 to identify needed tools and data
that can be best provided by the National
Oceanic and Atmospheric Administration
satellites and are most beneficial to wildfire
and smoke detection and monitoring.
(5) Fire weather testbed.--In collaboration with Program
agencies and other relevant stakeholders, the Administrator
shall establish a Fire Weather Testbed to evaluate physical and
social science, technology, and other research to develop fire
weather products and services for implementation by relevant
stakeholders.
(6) Wildland fire and fire weather research and
development.--The Administrator shall support a wildland fire
and smoke research and development program that includes both
physical and social science with the goals of--
(A) improving the understanding, prediction,
detection, forecasting, monitoring, and assessments of
wildland fires and associated fire weather, smoke, and
air quality;
(B) developing products and services to meet
stakeholder needs;
(C) transitioning physical and social science
research into operations;
(D) improving modeling and technology, including
coupled fire-atmosphere fire behavior modeling, in
consultation with relevant Federal agencies;
(E) better understanding of links between fire
weather events and subseasonal-to-climate impacts;
(F) improving the forecasting and understanding of
the impacts of prescribed fires and how those impacts
differ from impacts of wildland fires; and
(G) pursuing high-priority fire science research
needs applicable to the National Oceanic and
Atmospheric Administration as identified by any other
relevant Federal program.
(7) Extramural research.--The Administrator shall
collaborate with and support the non-Federal wildland fire
research community, which includes institutions of higher
education, private entities, nongovernmental organizations, and
other relevant stakeholders, by making funds available through
competitive grants, contracts, and cooperative agreements. In
carrying out the program under this paragraph, the
Administrator, in collaboration with other relevant Federal
agencies, may establish one or more national centers for
prescribed fire and wildfire sciences that leverage Federal
research and development with university and nongovernmental
partnerships.
(8) High performance computing.--The Administrator, in
consultation with relevant Federal agencies, such as the
Secretary of Energy, shall acquire high performance computing
technologies and supercomputing technologies, leveraging
existing resources and facilities, as practicable, to conduct
research and development activities, support research to
operations under this section, and host operational fire and
smoke forecast models.
(9) Incident meteorologist workforce assessment.--Not later
than 6 months after the date of enactment of this Act, the
Administrator shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate the results of an assessment of National Weather Service
workforce and training challenges for Incident Meteorologists
and a roadmap for overcoming the challenges identified. Such
assessment shall take into consideration information technology
support, logistical and administrative operations, anticipated
weather and climate conditions, and feedback from relevant
stakeholders, and shall include, to the maximum extent
practicable, an identification by the National Weather Service
of--
(A) the expected number of Incident Meteorologists
needed over the next 5 years;
(B) potential hiring authorities necessary to
overcome the identified workforce and training
challenges; and
(C) alternative services or assistance options the
National Weather Service could provide to meet
operational needs.
(10) Fire weather surveys and assessments.--
(A) Annual post-fire weather season survey and
assessment.--Not later than 24 months after the date of
the enactment of this Act, and each year thereafter,
the Administrator shall conduct a post-fire-weather
season survey and assessment. After conducting a post-
fire-weather season survey and assessment, the
Administrator shall--
(i) investigate any data collection gaps
during the assessment;
(ii) identify and implement systems,
processes, strategies, and procedures needed to
enhance the efficiency and reliability of data
obtained and to improve program services and
information dissemination;
(iii) evaluate the accuracy and efficiency
of physical fire weather forecasting
information for each incident; and
(iv) assess and refine performance
measures, as needed.
(B) Coordination.--In conducting any survey or
assessment under this section, the Administrator shall
coordinate with stakeholders and such entities as the
Administrator considers relevant in order to--
(i) improve operations and collaboration;
and
(ii) optimize data collection, sharing,
integration, assimilation, and dissemination.
(C) Annual briefing.--Not less frequently than once
each year, the Administrator shall provide a briefing
to the Committee on Science, Space, and Technology in
the House and Committee on Commerce, Science, and
Transportation in the Senate that provides--
(i) an overview of the previous fire
season; and
(ii) an outlook for the fire season for the
coming year.
(D) Service improvements.--The Administrator shall
make best efforts to incorporate the results and
recommendations of each assessment conducted into the
research and development plan and operations of the
Administration.
(d) Federal Emergency Management Agency.--The Administrator of the
Federal Emergency Management Agency, acting through the United States
Fire Administration, shall--
(1) support--
(A) the development of community risk assessment
tools and effective mitigation techniques for
preventing and responding to wildland fires, including
at the wildland-urban interface;
(B) wildland and wildland-urban interface fire and
operational response-related data collection and
analysis;
(C) public outreach, education, and information
dissemination related to wildland fires and wildland
fire risk; and
(D) promotion of wildland and wildland-urban
interface fire preparedness and community risk
reduction, to include hardening the wildland-urban
interface through proper construction materials, land
use practices, sprinklers, assessment of State and
local emergency response capacity and capabilities, and
other tools and approaches as appropriate;
(2) in collaboration with the National Institute of
Standards and Technology, and other program agencies, as
appropriate, promote and assist in the implementation of
research results and promote fire-resistant buildings,
retrofit, and land use practices within the design and
construction industry, including architects, engineers,
contractors, builders, planners, code officials, and
inspectors;
(3) establish and operate a wildland fire preparedness and
mitigation technical assistance program to assist State, local,
Tribal and territorial governments in using wildland fire
mitigation strategies, including through the adoption and
implementation of wildland and wildland-urban interface fire
resistant codes, standards, and land use;
(4) incorporate wildland and wildland-urban interface fire
risk mitigation and loss avoidance data into the Agency's
existing risk, mitigation, and loss avoidance analyses;
(5) incorporate data on the adoption and implementation of
wildland and wildland-urban interface fire resistant codes and
standards into the Agency's hazard resistant code tracking
resources;
(6) translate new information and research findings into
best practices to improve firefighter, fire service, and allied
professions training and education in wildland fire response,
crew deployment, prevention, mitigation, resilience, and
firefighting;
(7) conduct outreach and information dissemination to fire
departments regarding best practices for wildland and wildland-
urban interface firefighting, training, and fireground
deployment;
(8) in collaboration with other relevant Program agencies
and stakeholders, develop a national level, interactive and
publicly accessible wildland fire hazard severity map that
includes community and parcel level data and that can readily
integrate with risk gradations within wildland and wildland-
urban interface fire resistant codes and standards;
(9) in coordination with the National Institute of
Standards and Technology and other Federal initiatives as
appropriate, carry out a study to--
(A) examine PFAS and other potentially harmful
contaminants in firefighting gear, fire retardants, and
wetting agents;
(B) determine the lifecycle of firefighting
garments; and
(C) evaluate exposure risks based on different
phases of the fire; and
(10) develop resources regarding best practices for
establishing or enhancing peer-support programs within wildland
fire firefighting units.
(e) National Aeronautics and Space Administration.--The
responsibilities of the Administrator of the National Aeronautics and
Space Administration (in this subsection referred to as the
``Administrator'') with respect to the Program are as follows:
(1) In general.--The Administrator shall, with respect to
the Program--
(A) support relevant basic and applied scientific
research and modeling;
(B) ensure the use in the Program of all relevant
National Aeronautics and Space Administration Earth
observations data for maximum utility;
(C) explore and apply novel tools and technologies
in the activities of the Program;
(D) support the translation of research to
operations, including to Program agencies and relevant
stakeholders;
(E) facilitate the communication of wildland fire
research, knowledge, and tools to relevant
stakeholders; and
(F) use commercial data where such data is
available and accessible through existing Federal
government commercial contracts, agreements, or other
means, and purchase data that is deemed necessary based
on consultation with other Program agencies.
(2) Wildland fire research and applications.--The
Administrator shall support basic and applied wildland fire
research and modeling activities, including competitively-
selected research, to--
(A) improve the understanding and prediction of
fire environments, wildland fires, associated smoke,
and their impacts;
(B) improve the understanding of the impacts of
climate change and variability on wildland fire risk,
frequency, and severity;
(C) characterize the pre-fire phase and fire-
inducing conditions, such as soil moisture and
vegetative fuel availability;
(D) characterize the active fire phase, such as
fire and smoke plume mapping, fire behavior and spread
modeling, and domestic and global fire activity;
(E) characterize the post-fire phase, such as
landscape changes, air quality, erosion, landslides,
and impacts on carbon distributions in forest biomass;
(F) contribute to advancing predictive wildland
fire models;
(G) address other relevant investigations and
measurements prioritized by the National Academies of
Sciences, Engineering, and Medicine Decadal Survey on
Earth Science and Applications from Space;
(H) improve the translation of research knowledge
into actionable information;
(I) develop research and data products, including
maps, decision-support information, and tools, and
support related training as appropriate and
practicable;
(J) collaborate with other Program agencies and
relevant stakeholders, as appropriate, on joint
research and development projects, including research
grant solicitations and field campaigns; and
(K) transition research advances to operations,
including to Program agencies and relevant
stakeholders, as practicable.
(3) Wildland fire data systems and computational tools.--
The Administrator shall--
(A) identify, from the National Aeronautics and
Space Administration's Earth science data systems,
data, including combined data products and relevant
commercial data sets, that can contribute to improving
the understanding, monitoring, prediction, and
mitigation of wildland fires and their impacts,
including data related to fire weather, plume dynamics,
smoke and fire behavior, impacts of climate change and
variability, land and property burned, wildlife and
ecosystem destruction, among other areas;
(B) prioritize the dissemination of data identified
or obtained under this subparagraph to the widest
extent practicable to support relevant research and
operational stakeholders;
(C) consider opportunities to support the Program
under section 301 and the Program activities under
section 302 when planning and developing Earth
observation satellites, instruments, and airborne
measurement platforms;
(D) identify opportunities, in collaboration with
Program agencies and relevant stakeholders, to obtain
additional airborne and space-based data and
observations that may enhance or supplement the
understanding, monitoring, prediction, and mitigation
of wildland fire risks, and the relevant Program
activities under section 302, and consider such options
as commercial solutions, including commercial data
purchases, prize authority, academic partnerships, and
ground-based or space-based instruments, as practicable
and appropriate; and
(E) contribute to and support, to the maximum
extent practicable, the centralized, integrated data
collaboration environment in accordance with section
302(2) and any other relevant interagency data systems,
by collecting, organizing, and integrating the National
Aeronautics and Space Administration's scientific data,
data systems, and computational tools related to
wildland fires, associated smoke, and their impacts,
and by enhancing the interoperability, useability, and
accessibility of National Aeronautics and Space
Administration's scientific data, data systems, and
computational tools, including--
(i) observations and available real-time
and near-real-time measurements;
(ii) derived science and data products,
such as fuel conditions, risk and spread maps,
and data products to represent the wildland-
urban interface;
(iii) relevant historical and archival
observations, measurements, and derived science
and data products; and
(iv) other relevant decision support and
information tools.
(4) Novel tools for active wildland fire monitoring and
risk mitigation.--The Administrator, in collaboration with
other Program agencies and relevant stakeholders shall apply
novel tools and technologies to support active wildland fire
research, monitoring, mitigation, and risk reduction, as
practicable and appropriate. In particular, the Administrator
shall:
(A) Establish a program to develop and demonstrate
a unified concept of operations for the safe and
effective deployment of diverse air capabilities in
active wildland fire monitoring, mitigation, and risk
reduction. The objectives of the Program shall be to--
(i) develop and demonstrate a wildland fire
airspace operations system accounting for
piloted aircraft, uncrewed aerial systems, and
other new and emerging capabilities such as
autonomous and high-altitude assets;
(ii) develop an interoperable
communications strategy;
(iii) develop a roadmap for the on-ramping
of new technologies, capabilities, or entities;
(iv) identify additional development,
testing, and demonstration that would be
required to expand the scale of operations;
(v) identify actions that would be required
to transition the unified concept of operations
in subparagraph (A) into ongoing, operational
use; and
(vi) other objectives, as deemed
appropriate by the Administrator.
(B) Develop and demonstrate affordable and
deployable sensing technologies, in consultation with
other Program agencies and relevant stakeholders, to
improve the monitoring of fire fuel and active wildland
fires, wildland fire behavior models and forecast,
mapping efforts, and the prediction and mitigation of
wildland fires and their impacts. The Administrator
shall--
(i) test and demonstrate technologies such
as infrared, microwave, and active sensors
suitable for deployment on spacecraft,
aircraft, uncrewed aerial systems, and ground-
based and in situ platforms, as appropriate and
practicable;
(ii) develop and demonstrate affordable and
deployable sensing technologies that can be
transitioned to operations for collection of
near-real-time localized measurements;
(iii) develop and demonstrate near-real-
time data processing, availability,
interoperability, and visualization, as
practicable;
(iv) identify opportunities and actions
required, in collaboration with Program
agencies and relevant stakeholders, to
transition relevant technologies, techniques,
and data to science operations, upon successful
demonstration of the feasibility and scientific
utility of the sensors and data;
(v) transition demonstrated technologies,
techniques, and data into ongoing, operational
use, including to Program agencies and relevant
stakeholders;
(vi) prioritize and facilitate, to the
greatest extent practicable, the dissemination
of these science data to operations, including
to Program agencies and relevant stakeholders;
and
(vii) consider opportunities for potential
partnerships, including commercial data
purchases, among industry, government, academic
institutions, and non-profit organizations and
other relevant stakeholders in carrying out
clauses (i) through (vi), as appropriate and
practicable.
(f) Environmental Protection Agency.--The Administrator of the
Environmental Protection Agency shall support environmental research
and development activities to--
(1) improve the understanding of--
(A) wildland fire and smoke impacts on communities
and public health, including impacts on drinking water
and outdoor and indoor air quality, and on freshwater
ecosystems;
(B) wildland fire smoke plume characteristics,
chemical transformation, chemical composition, and
transport;
(C) wildland fire and smoke impacts to contaminant
containment and remediation;
(D) the contribution of wildland fire emissions to
climate forcing emissions;
(E) differences between the impacts of prescribed
fires compared to other wildland fires on communities
and air and water quality; and
(F) climate change and variability on wildland
fires and smoke plumes, including on smoke exposure;
(2) develop and improve tools, sensors, and technologies
including databases and computational models, to accelerate the
understanding, monitoring, and prediction of wildland fires and
smoke exposure;
(3) better integrate observational data into wildland fire
and smoke characterization models to improve modeling at finer
temporal and spatial resolution;
(4) develop and improve communication of wildland fire and
smoke risk reduction strategies to the public in coordination
with relevant stakeholders and other Federal agencies; and
(5) develop and disseminate personal and community-based
interventions to reduce exposure to and adverse health effects
of wildland fire and smoke.
(g) Department of Energy.--The Secretary of Energy shall carry out
research and development activities to--
(1) create tools, techniques, and technologies for--
(A) withstanding and addressing the current and
projected impact of wildland fires on energy sector
infrastructure;
(B) providing real-time or near-time awareness of
the risks posed by wildland fires to the operation of
energy infrastructure in affected and potentially
affected areas, including by leveraging the
Department's high-performance computing capabilities
and climate and ecosystem models;
(C) enabling early detection of, and assessment of
competing technologies and strategies for addressing,
malfunctioning electrical equipment on the transmission
and distribution grid, including spark ignition causing
wildland fires;
(D) assisting with the planning, safe execution of,
and safe and timely restoration of power after
emergency power shut offs following wildland fires
started by grid infrastructure;
(E) improving electric grid and energy sector
safety and resilience in the event of multiple
simultaneous or co-located weather or climate events
leading to extreme conditions, such as extreme wind,
wildland fires, extreme cold, and extreme heat;
(F) improving coordination between utilities and
relevant Federal agencies to enable communication,
information-sharing, and situational awareness in the
event of wildland fires that impact the electric grid;
(G) utilizing biomass produced by wildland fire
risk mitigation and post-fire recovery activities for
bioenergy, including biofuels, in collaboration with
relevant stakeholders; and
(H) predicting wildland fire occurrence, spread,
and ecosystem impact;
(2) coordinate data and computational resources across
relevant entities to improve our understanding of wildland
fires and to promote resilience and wildland fire prevention in
the planning, design, construction, operation, and maintenance
of transmission infrastructure;
(3) consider optimal building energy efficiency and
weatherization practices, as practicable, in wildland fire
research;
(4) utilize the Department of Energy's National Laboratory
capabilities, including user facilities, earth and
environmental systems modeling resources, and high-performance
computing and data analytics capabilities, to improve the
accuracy of efforts to understand and predict wildland fire
behavior and occurrence and mitigate wildland fire impacts; and
(5) foster engagement between the National Laboratories and
practitioners, researchers, policy organizations, utilities,
and other entities the Secretary determines to be appropriate
to understand the economic and social implications of power
disruptions caused by wildland fires, particularly within
disadvantaged communities and regions vulnerable to wildland
fires, including rural areas.
(h) United States Geological Survey.--As part of the Program, the
Director of the United States Geological Survey shall support--
(1) research and development activities to improve the
understanding of--
(A) wildland fire risk, behavior, and fuels;
(B) impact of pre-fire conditions, such as fuel
treatments, invasive species and other vegetation, on
land management and economic landscapes;
(C) post-fire risks including debris flows,
erosion, and flooding, and effects on water quality,
and revegetation;
(D) impacts of changing fire regimes due to climate
change and other ecosystem stressors; and
(E) fire ecology and behavior;
(2) development and improvement of tools and technologies
to address wildland fire science and management challenges by--
(A) Maintaining and expanding geospatial data and
support for wildfire incidents, mitigation, and
planning;
(B) improving understanding and response to post-
fire hazards and risks, including debris-flow, stream
flow and quality, and revegetation; and
(C) Maintaining, relevant wildland fire
computational modeling and mapping, capabilities to
identify critical information for land management,
decision support, and policy, and enhancing such
capabilities, as appropriate and in consultation and
collaboration with other relevant Program agencies; and
(3) improvement of external communication of USGS wildland
fire science products with Program Agencies and relevant
stakeholders.
SEC. 307. BUDGET ACTIVITIES.
The Director of the National Institute of Standards and Technology,
the Director of the National Science Foundation, the Administrator of
the National Oceanic and Atmospheric Administration, the Director of
the Federal Emergency Management Agency, the Administrator of the
National Aeronautics and Space Administration, the Administrator of the
Environmental Protection Agency, and the Secretary of Energy shall each
include in the annual budget request to Congress of each respective
agency a description of the projected activities of such agency under
the Program for the fiscal year covered by the budget request and an
estimate of the amount such agency plans to spend on such activities
for the relevant fiscal year.
SEC. 308. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(2) Program.--The term ``Program'' means the Program
established under section 301.
(3) Program agencies.--The term ``Program agencies'' means
any Federal agency with responsibilities under the Program.
(4) Stakeholders.--The term ``stakeholders'' means any
public or private organization engaged in addressing wildland
fires, associated smoke, and their impacts, and shall include
relevant Federal agencies, States, territories, Tribes, State
and local governments, businesses, not-for-profit
organizations, including national standards and building code
organizations, firefighting departments and organizations,
academia, and other users of wildland fire data products.
(5) Wildland fire.--The term ``wildland fire'' means any
non-structure fire that occurs in vegetation or natural fuels
and includes wildfires and prescribed fires.
(6) Fire environment.--The term ``fire environment'' means
surrounding conditions, influences, and modifying forces of
topography, fuel, and weather that determine fire behavior.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
(a) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards
and Technology for carrying out this title--
(1) $35,800,000 for fiscal year 2024;
(2) $36,100,000 for fiscal year 2025;
(3) $36,400,000 for fiscal year 2026;
(4) $36,700,000 for fiscal year 2027; and
(5) $37,100,000 for fiscal year 2028.
(b) National Science Foundation.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
title--
(1) $50,000,000 for fiscal year 2024;
(2) $53,000,000 for fiscal year 2025;
(3) $56,200,000 for fiscal year 2026;
(4) $59,600,000 for fiscal year 2027; and
(5) $63,100,000 for fiscal year 2028.
(c) National Oceanic and Atmospheric Administration.--
(1) In general.--There are authorized to be appropriated to
the National Oceanic and Atmospheric Administration for
carrying out this title--
(A) $200,000,000 for fiscal year 2024;
(B) $215,000,000 for fiscal year 2025;
(C) $220,000,000 for fiscal year 2026;
(D) $230,000,000 for fiscal year 2027; and
(E) $250,000,000 for fiscal year 2028.
(2) Use of funds.--Of the amounts authorized for each of
the fiscal years in paragraph (1), up to $10,000,000 may be
used to support the National Oceanic and Atmospheric
Administration's contributions to the activities of the Joint
Fire Science Program in section 202(c)(1)(D) of subtitle A of
title II of division A.
(d) National Aeronautics and Space Administration.--
(1) In general.--There are authorized to be appropriated to
the National Aeronautics and Space Administration for carrying
out this title--
(A) $95,000,000 for fiscal year 2024;
(B) $100,000,000 for fiscal year 2025;
(C) $110,000,000 for fiscal year 2026;
(D) $110,000,000 for fiscal year 2027; and
(E) $110,000,000 for fiscal year 2028.
(2) Use of funds.--Of the amounts authorized for each of
the fiscal years in paragraph (1), up to $10,000,000 may be
used to support National Aeronautics and Space Administration
research and development contributions to the activities of the
Joint Fire Science Program in section 202(c)(1)(D) of subtitle
A of title II of division A.
(e) Environmental Protection Agency.--There are authorized to be
appropriated to the Environmental Protection Agency for carrying out
this title--
(1) $11,000,000 for fiscal year 2024;
(2) $11,700,000 for fiscal year 2025;
(3) $12,400,000 for fiscal year 2026;
(4) $13,100,000 for fiscal year 2027; and
(5) $13,900,000 for fiscal year 2028.
(f) Federal Emergency Management Agency.--
(1) In general.--There are authorized to be appropriated to
the Federal Emergency Management Agency for carrying out this
title--
(A) $6,000,000 for fiscal year 2024;
(B) $6,400,000 for fiscal year 2025;
(C) $6,700,000 for fiscal year 2026;
(D) $7,100,000 for fiscal year 2027; and
(E) $7,600,000 for fiscal year 2028.
(2) Use of funds.--Of the amounts authorized in paragraph
(1), up to $10,000,000 for fiscal years 2024 through 2028 may
be used to support the Federal Emergency Management Agency's
contributions to the activities of the Joint Fire Science
Program in section 202(c)(1)(D) of subtitle A of title II of
division A.
(g) Department of Energy.--There are authorized to be appropriated
to the Secretary of Energy up to $10,000,000 for each of fiscal years
2024 through 2028 to support the Department's contributions to the
activities of the Joint Fire Science Program in section 202(c)(1)(D) of
subtitle A of title II of division A.
SEC. 310. INCREASE IN ALLOWABLE AMOUNT OF PHYSICAL DISASTER LOAN FOR
MITIGATION.
Section 7(b)(1)(A) of the Small Business Act (15 U.S.C.
636(b)(1)(A)) is amended, in the second proviso, by striking ``20 per
centum'' and inserting ``30 percent''.
SEC. 311. STUDY ON DISASTER SPENDING; STATE DISASTER PLAN UPDATES.
(a) Government Accountability Office Study on Disaster Spending.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to identify the following:
(A) For the 5-year period ending on the date of
enactment of this Act--
(i) the total amount of Federal funds spent
in response to major disasters and emergencies
declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.); and
(ii) the total amount of State and Indian
tribal government funds spent in response to
such major disasters and emergencies.
(B) 10 proposed Federal actions, to include
reinsurance, that, if implemented, would most
effectively reduce the need for spending related to
such major disasters or emergencies. Such actions shall
be listed in order of priority under criteria
established by the Comptroller General, including the
following:
(i) Cost effectiveness.
(ii) Return on investment.
(iii) Simplicity or speed of implementation
using existing resources.
(C) The effect that using blockchain may have on
delivering disaster assistance to State and Indian
tribal governments.
(D) Whether insurance protection against wildfires
will remain available and affordable to homeowners.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the covered entities a report containing the results of the
study.
(3) Definitions.--In this subsection:
(A) The term ``covered entities'' means--
(i) Congress;
(ii) the Administrator of the Federal
Emergency Management Agency; and
(iii) for each State and Indian tribal
government, the head of the agency for such
State or Indian tribal government with
jurisdiction over disaster response activities.
(B) The terms ``Indian tribal government'' and
``State'' have the meanings given such terms in section
102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
(b) State Disaster Plan Updates.--Section 201 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131)
is amended by adding at the end the following:
``(e) With respect to State plans developed under this section, the
President shall coordinate with each State to update such plans to
incorporate strategies that decrease the time required to prepare for
all hazard incidents, including the time to evacuate individuals.''.
TITLE IV--WILDFIRE GRID RESILIENCE ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Wildfire Grid Resiliency Act''.
SEC. 402. RESILIENCE ACCELERATOR DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Energy shall carry out a
demonstration program, to be known as the ``Resilience Accelerator
Demonstration Program'' (in this section referred to as the
``Program''), to make awards to eligible entities for projects that
demonstrate innovative technologies to improve electric grid resilience
with respect to wildfires.
(b) Eligible Projects.--The Secretary may make an award under the
Program to facilitate a project that demonstrates an innovative
technology to improve electric grid resilience with respect to
wildfires, including--
(1) a project that demonstrates an innovative technology
for monitoring vegetation management; and
(2) a project that demonstrates an innovative technology to
enhance the safety of first responders who respond to electric
grid emergencies.
(c) Eligible Entities.--An eligible entity referred to in
subsection (a) is--
(1) a National Laboratory;
(2) an institution of higher education, including a
historically Black college or university, a Tribal College or
University, and a minority-serving institution;
(3) a private commercial entity;
(4) a unit of State, local, or Tribal government;
(5) a nonprofit organization;
(6) an electric utility or electric cooperative;
(7) a retail service provider of electricity;
(8) a partnership or consortium of 2 or more entities
described in paragraphs (1) through (8); and
(9) any other entity that the Secretary determines
appropriate.
(d) Definitions.--In this section:
(1) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Minority-serving institution.--The term ``minority-
serving institution'' means--
(A) a Hispanic-serving institution (as defined in
section 502(a) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)));
(B) an Alaska Native-serving institution (as
defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b)));
(C) a Native Hawaiian-serving institution (as
defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b)));
(D) a Predominantly Black Institution (as defined
in section 371(c) of the Higher Education Act of 1965
(20 U.S.C. 1067q(c)));
(E) an Asian American and Native American Pacific
Islander-serving institution (as defined in section
371(c) of the Higher Education Act of 1965 (20 U.S.C.
1067q(c))); and
(F) a Native American-serving nontribal institution
(as defined in section 371(c) of the Higher Education
Act of 1965 (20 U.S.C. 1067q(c))).
(4) National laboratory.--The term ``National Laboratory''
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Resilience.--The term ``resilience'' has the meaning
given such term in section 1304A of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17384a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the Program $10,000,000 for each of fiscal
years 2024 through 2028.
TITLE V--WILDFIRE INSURANCE COVERAGE STUDY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Wildfire Insurance Coverage Study
Act of 2022''.
SEC. 502. NATIONAL WILDFIRE RISK ASSESSMENT.
(a) Study.--The Administrator of the Federal Emergency Management
Agency shall, pursuant to the authority under section 1371 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4122), conduct a study
regarding wildfire risk in the United States to--
(1) identify trends in declarations for wildfires under the
Fire Management Assistance grant program under section 420 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5187), with respect to geography, costs,
probability, and frequency of wildfire disasters;
(2) identify mitigation practices that would assist in
reducing premiums for insurance policies covering damages from
wildfires;
(3) identify existing programs of the Federal Government
and State governments that measure wildfire risk and assess
their effectiveness in forecasting wildfire events and
informing wildfire response; and
(4) analyze and assess the need for a national map for
measuring and quantifying wildfire risk.
(b) Report.--Not later than 1 year after date of the enactment of
this Act, the Administrator shall submit to the Congress a report
regarding the findings and conclusions of the study conducted pursuant
to subsection (a), which shall include a recommendation with regard to
the need for a national map referred to in subsection (a)(4).
SEC. 503. GAO STUDY REGARDING INSURANCE FOR WILDFIRE DAMAGE.
(a) Study.--The Comptroller General of the United States, in
consultation with the Director of the Federal Insurance Office and
State insurance regulators, shall conduct a study to analyze and
determine the following:
(1) Existing state of coverage.--With respect to the
existing state of homeowners insurance coverage and commercial
property insurance coverage for damage from wildfires in the
United States--
(A) the extent to which private insurers have,
during the 10-year period ending on the date of the
enactment of this Act, increased rates, cost-sharing
provisions, or both for such coverage (after adjusting
for inflation) and the geographic areas in which such
increased rates, cost-sharing, or both applied;
(B) the extent to which private insurers have,
during the 10-year period ending on the date of the
enactment of this Act, refused to renew policies for
such coverages and the geographic areas to which such
refusals applied;
(C) the events that have triggered such increased
rates and refusals to renew policies;
(D) in cases in which private insurers curtail
coverage, the extent to which homeowners coverage and
commercial property coverage are terminated altogether
and the extent to which such coverages are offered but
with coverage for damage from wildfires excluded; and
(E) the extent to which, and circumstances under
which, private insurers are continuing to provide
coverage for damage from wildfires--
(i) in general;
(ii) subject to a condition that mitigation
activities are taken, such as hardening of
properties and landscaping against wildfires,
by property owners, State or local governments,
park or forest authorities, or other land
management authorities; and
(iii) subject to any other conditions.
(2) Regulatory responses.--With respect to actions taken by
State insurance regulatory agencies in response to increased
premium rates, cost-sharing, or both for coverage for damage
from wildfires and exclusion of such coverage from homeowners
policies--
(A) the extent of rate regulation;
(B) the extent of moratoria on such rate and cost-
sharing increases and exclusions and on nonrenewals;
(C) the extent to which States require homeowners
coverage to include coverage for damage from wildfires
or make sales of homeowners coverage contingent on the
sale, underwriting, or financing of separate wildfire
coverage in the State;
(D) the extent to which States have established
State residual market insurance entities, reinsurance
programs, or similar mechanisms for coverage of damages
from wildfires;
(E) any other actions States or localities have
taken in response to increased premium rates, cost-
sharing, or both for coverage for damage from wildfires
and exclusion of such coverage from homeowners
policies, including forestry and wildfire management
policies and subsidies for premiums and cost-sharing
for wildfire coverage;
(F) the effects on the homeownership coverage
market of such actions taken by States; and
(G) the effectiveness and sustainability of such
actions taken by States.
(3) Impediments in underwriting wildfire risk.--With
respect to impediments faced by private insurers underwriting
wildfire risk, what is or are--
(A) the correlated risks and the extent of such
risks;
(B) the extent of private insurers' inability to
estimate magnitude of future likelihood of wildfires
and of expected damages from wildfires;
(C) the extent to which need for affordable housing
contributes to people relocating to more remote,
heavily wooded areas with higher wildfire risk;
(D) the potential for wildfire losses sufficiently
large to jeopardize insurers' solvency;
(E) the extent to which, and areas in which, risk-
adjusted market premiums for wildfire risk are so high
as to be unaffordable;
(F) the manners in which the Federal Government and
State governments can alleviate any of these
impediments, including through--
(i) improved forest management policies to
reduce wildfire risk;
(ii) improved data to estimate risk;
(iii) relocating homeowners from wildfire
zones;
(iv) allowing insurers to charge risk-
adjusted premiums for wildfire risk, combined
with subsidized premiums for lower-income
homeowners; and
(v) taking a last-loss position in
reinsuring wildfire risk;
(G) the available policy responses if private
insurers exit the wildfire coverage market and the
advantages and disadvantages of each such response;
(H) the effects of lack of wildfire coverage or
more expensive wildfire coverage rates, cost-sharing,
or both--
(i) on local communities, including on low-
or moderate-income property owners and small
businesses;
(ii) by race and ethnicity;
(iii) on rebuilding in communities
previously damaged by wildfires; and
(iv) on the demand for wildfire coverage by
property owners;
(I) the effects of potential State prohibitions on
termination of policies due to wildfire claims on
insurer solvency; and
(J) the manner in which private insurers are
modeling or estimating future wildfire risk.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to the Congress a report
identifying the findings and conclusions of the study conducted
pursuant to subsection (a).
TITLE VI--OTHER MATTERS
SEC. 601. EXTREME WEATHER EVENTS.
(a) Definitions.--
(1) In general.--Section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133)
is amended--
(A) by amending subsection (a) to read as follows:
``(a) Definition of Underserved Community.--In this section, the
term `underserved community' means a community, or a neighborhood
within a community, that--
``(1) is classified as high risk according to census tract
risk ratings derived from a product that--
``(A) is maintained under a natural hazard
assessment program;
``(B) is available to the public;
``(C) defines natural hazard risk across the United
States;
``(D) reflects high levels of individual hazard
risk ratings;
``(E) reflects high social vulnerability ratings
and low community resilience ratings;
``(F) reflects the principal natural hazard risks
identified for the respective census tracts; and
``(G) any other elements determined by the
President.
``(2) is comprised of 50,000 or fewer individuals and is
economically disadvantaged, as determined by the State in which
the community is located and based on criteria established by
the President; or
``(3) is otherwise determined by the President based on
factors including, high housing cost burden and substandard
housing, percentage of homeless population, limited water and
sanitation access, demographic information such as race, age,
and disability, language composition, transportation access or
type, disproportionate environmental stressor burden, and
disproportionate impacts from climate change.'';
(B) in subsection (g)(9) by striking ``small
impoverished communities'' and inserting ``underserved
communities''; and
(C) in subsection (h)(2)--
(i) in the heading by striking ``Small
impoverished communities'' and inserting
``Underserved communities''; and
(ii) by striking ``small impoverished
community'' and inserting ``underserved
community''.
(2) Applicability.--The amendments made by subsection (a)
shall apply with respect to any amounts appropriated on or
after the date of enactment of this Act.
(b) Guidance on Extreme Temperature Events.--Not later than 1 year
after the date of enactment of this Act, the Administrator of the
Federal Emergency Management Administration shall issue guidance
related to extreme temperature events, including heat waves and
freezes, and publish such guidance in the Federal Emergency Management
Administration Public Assistance Program and Policy Guide.
(c) Hazard Mitigation Plans.--Section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) is
amended--
(1) in subsection (a) by striking the period at the end and
inserting ``, including--
``(1) identifying the extent to which resilience is or will
be incorporated into other planning processes, including
community land use, economic development, capital improvement
budgets and transportation planning processes;
``(2) goals and objectives related to increasing resilience
over a 5-year period, including benchmarks for future work and
an assessment of past progress;
``(3) the building codes in existence at the time the plan
is submitted and standards that are in use by the State for all
manner of planning or development purposes and how the State
has or will comply with the standards set forth in section
406(e)(1)(A);
``(4) the use of nature-based solutions or other mitigation
activities that conserve or restore natural features that can
serve to abate or lessen the impacts of future disasters;
``(5) integration of each local mitigation plan with the
State, Indian Tribe, or territory plan; and
``(6) the disparate impacts on underserved communities (as
such term is defined in section 203(a)) and plans to address
any disparities.''; and
(2) by adding at the end the following:
``(f) Guidance.--The Administrator of the Federal Emergency
Management Agency shall issue specific guidance on resilience goals and
provide technical assistance for States, Indian Tribes, territories,
and local governments to meet such goals.
``(g) Adequate Staffing.--The Administrator of the Federal
Emergency Management Agency shall ensure that ample staff are available
to develop the guidance and technical assistance under section 322,
including hazard mitigation planning staff and personnel with expertise
in community planning, land use development, and consensus based codes
and hazard resistant designs at each regional office that specifically
focus on providing financial and non-financial direct technical
assistance to States, Indian Tribes, and territories.
``(h) Reporting.--Not less frequently than every 5 years, the
Administrator shall submit to Congress a report on the progress of
meeting the goals under this section.''.
(d) Additional Uses of Funds.--Section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174)
is amended by adding at the end the following:
``(k) Additional Uses of Funds.--For State and local governments
that have exceeded, adopted, or are implementing the latest two
published editions of relevant consensus-based codes, specifications,
and standards that incorporate the latest hazard-resistant designs and
establish minimum acceptable criteria for the design, construction, and
maintenance of residential structures and facilities, a recipient of
assistance provided under this paragraph may use such assistance in a
manner consistent with the standards set forth in clauses (ii) and
(iii) of section 406(e)(1)(A).''.
(e) Collaboration With Other Agencies.--In awarding grants under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Administrator of the Federal Emergency
Management Agency may coordinate with other relevant agencies,
including the Environmental Protection Agency, the Department of
Energy, the Department of Transportation, the Corps of Engineers, the
Department of Agriculture, and the Department of Housing and Urban
Development, as necessary, to improve collaboration for eligible
activities under the Act.
(f) GAO Reports.--
(1) Extreme temperature events.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Comptroller General of the United States shall
evaluate and issue to Congress and the Federal Emergency
Management Agency a report regarding the impacts of extreme
temperatures events on communities, the challenges posed to the
Federal Emergency Management Agency in addressing extreme
temperature events, and recommendations for the Federal
Emergency Management Agency to better provide assistance to
communities experiencing extreme temperature events. The report
may also include examples of specific mitigation and resilience
projects that communities may undertake, and the Federal
Emergency Management Agency may consider, to reduce the impacts
of extreme temperatures on and within building structures,
participatory processes that allow for public engagement in
determining and addressing local risks and vulnerabilities
related to extreme temperatures events, and community
infrastructure, including heating or cooling shelters.
(2) Smoke and indoor air quality.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Comptroller General shall evaluate and issue to
Congress and the Federal Emergency Management Agency a report
regarding the impacts of wildfire smoke and poor indoor air
quality, the challenges posed to Federal Emergency Management
Agency in addressing wildfire smoke and indoor air quality, and
recommendations for the Federal Emergency Management Agency to
better provide assistance to communities and individuals in
dealing with wildfire smoke and indoor air quality.
(g) Report Congress and Update of Cost Effectiveness Determinations
and Declarations.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in coordination with the Director
of the Office of Management and Budget, shall submit to
Congress a report regarding the challenges posed by the
Agency's requirements for declaring an incident or determining
the cost effectiveness of mitigation activities and
specifically how such requirements may disproportionately
burden small impoverished communities, or specific vulnerable
populations within communities.
(2) Update of cost effectiveness determination.--Not later
than 5 years after the date of enactment of this Act, the
Administrator, to the extent practicable, shall update the
requirements for determining cost effectiveness and declaring
incidents, including selection of appropriate interest rates,
based on the findings made under subsection (a).
SEC. 602. FIRE MANAGEMENT ASSISTANCE PROGRAM POLICY.
The Administrator of the Federal Emergency Management Agency shall
issue such regulations as are necessary to update the categories of
eligibility and timelines for the fire management assistance program
under section 420 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5187) to be, to the maximum extent
practicable, the same as such categories and timelines under the public
assistance program under section 406 of such Act (42 U.S.C. 5172).
SEC. 603. CHANGES TO PUBLIC ASSISTANCE POLICY GUIDE.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall issue
such regulations as are necessary to update the Public Assistance
Program and Policy Guide of the Federal Emergency Management Agency to
include guidance on the wildfire-specific challenges, including debris
removal, emergency protective measures, and the resulting toxicity of
drinking water resources.
SEC. 604. MITIGATION BENEFIT-COST ANALYSIS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency shall conduct a review of the benefit cost analysis
criteria for mitigation projects under sections 203 and 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. ) to consider a broader range of factors, including--
(1) the establishment of a benefit cost analysis pre-
calculated benefits critereon for common defensible space
mitigation projects;
(2) projects that use nature-based infrastructure;
(3) considerations for ecological and societal health;
(4) carbon sequestration;
(5) improved water quality; and
(6) lessening disaster impact on traditionally underserved
communities.
(b) Updated Criteria.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue such regulations
as are necessary to--
(1) update the benefit cost analysis criteria for
mitigation projects under sections 203 and 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. ) based on the results of the review conducted under
subsection (a); and
(2) prioritize projects under such sections based on the
benefit cost analysis criteria updated under paragraph (1).
TITLE VII--COLLATERAL REQUIREMENTS FOR DISASTER LOANS UNDER THE SMALL
BUSINESS ACT
SEC. 701. COLLATERAL REQUIREMENTS FOR DISASTER LOANS UNDER THE SMALL
BUSINESS ACT.
(a) Amendment to the Rise After Disaster Act of 2015.--Section 2102
of the RISE After Disaster Act of 2015 (Public Law 114-88) is amended--
(1) by striking subsections (b) and (c); and
(2) by striking ``(a) In General.--''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect and apply as though enacted as part of the RISE After
Disaster Act of 2015 (Public Law 114-88).
DIVISION D--ENVIRONMENTAL JUSTICE
SEC. 101. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory council.--The term ``Advisory Council'' means
the National Environmental Justice Advisory Council described
in section 109.
(3) Aggrieved person.--The term ``aggrieved person'' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
(4) Clearinghouse.--The term ``Clearinghouse'' means the
Environmental Justice Clearinghouse established by the
Administrator under section 107.
(5) Community of color.--The term ``community of color''
means any geographically distinct area the population of color
of which is higher than the average population of color of the
State in which the community is located.
(6) Community-based science.--The term ``community-based
science'' means voluntary public participation in the
scientific process and the incorporation of data and
information generated outside of traditional institutional
boundaries to address real-world problems in ways that may
include formulating research questions, conducting scientific
experiments, collecting and analyzing data, interpreting
results, making new discoveries, developing technologies and
applications, and solving complex problems, with an emphasis on
the democratization of science and the engagement of diverse
people and communities.
(7) Demonstrates.--The term ``demonstrates'' means meets
the burdens of going forward with the evidence and of
persuasion.
(8) Director.--The term ``Director'' means the Director of
the National Institute of Environmental Health Sciences.
(9) Disparate impact.--The term ``disparate impact'' means
an action or practice that, even if appearing neutral, actually
has the effect of subjecting persons to discrimination on the
basis of race, color, or national origin.
(10) Disproportionate burden of adverse human health or
environmental effects.--The term ``disproportionate burden of
adverse human health or environmental effects'' means a
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low-
income communities, and Tribal and Indigenous communities.
(11) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, culture,
national origin, educational level, or income, with respect to
the development, implementation, and enforcement of
environmental laws, regulations, and policies to ensure that--
(A) populations of color, communities of color,
Tribal and Indigenous communities, and low-income
communities have access to public information and
opportunities for meaningful public participation
relating to human health and environmental planning,
regulations, and enforcement;
(B) Each population of color or community of color,
Tribal and Indigenous community, or low-income
community enjoy the same degree of protection from
pollution or other environmental and health hazards;
and
(C) the 17 Principles of Environmental Justice
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
through 27, 1991, in Washington, DC, are upheld.
(12) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities, that
experiences, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(13) Fair treatment.--The term ``fair treatment'' means the
conduct of a program, policy, practice or activity by a Federal
agency in a manner that ensures that no group of individuals
(including racial, ethnic, or socioeconomic groups) experience
a disproportionate burden of adverse human health or
environmental effects resulting from such program, policy,
practice, or activity, as determined through consultation with,
and with the meaningful participation of, individuals from the
communities affected by a program, policy, practice or activity
of a Federal agency.
(14) Federal agency.--The term ``Federal agency'' means--
(A) each Federal agency represented on the Working
Group; and
(B) any other Federal agency that carries out a
Federal program or activity that substantially affects
human health or the environment, as determined by the
President.
(15) Tribal and indigenous community.--The term ``Tribal
and Indigenous community'' refers to a population of people who
are members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; and
(D) any other community of Indigenous people
located in a State.
(16) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (U.S.C. 5304).
(17) Infrastructure.--The term ``infrastructure'' means any
system for safe drinking water, sewer collection, solid waste
disposal, electricity generation, communication, or
transportation access (including highways, airports, marine
terminals, rail systems, and residential roads) that is used to
effectively and safely support--
(A) housing;
(B) an educational facility;
(C) a medical provider;
(D) a park or recreational facility; or
(E) a local business.
(18) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town, township,
local public authority, school district, special
district, intrastate district, council of governments
(regardless of whether the council of governments is
incorporated as a nonprofit corporation under State
law), regional or interstate governmental entity, or
agency or instrumentality of a local government; or
(B) an Indian Tribe or authorized Tribal
organization, or Alaska Native village or organization,
that is not a Tribal Government.
(19) Low income.--The term ``low income'' means an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(20) Low-income community.--The term ``low income
community'' means any census block group in which 30 percent or
more of the population are individuals with low income.
(21) Meaningful.--The term ``meaningful'', with respect to
involvement by the public in a determination by a Federal
agency, means that--
(A) potentially affected residents of a community
have an appropriate opportunity to participate in
decisions regarding a proposed activity that will
affect the environment or public health of the
community;
(B) the public contribution can influence the
determination by the Federal agency;
(C) the concerns of all participants involved are
taken into consideration in the decision-making
process; and
(D) the Federal agency--
(i) provides to potentially affected
members of the public relevant and accurate
information regarding the activity potentially
affecting the environment or public health of
affected members of the public; and
(ii) facilitates the involvement of
potentially affected members of the public.
(22) Population.--The term ``population'' means a census
block group or series of geographically contiguous blocks
representing certain common characteristics, such as race,
ethnicity, national origin, income-level, health disparities,
or other public health and socioeconomic attributes.
(23) Population of color.--The term ``population of color''
means a population of individuals who identify as--
(A) Black;
(B) African American;
(C) Asian;
(D) Pacific Islander;
(E) another non-White race;
(F) Hispanic;
(G) Latino; or
(H) linguistically isolated.
(24) Publish.--The term ``publish'' means to make publicly
available in a form that is--
(A) generally accessible, including on the internet
and in public libraries; and
(B) accessible for--
(i) individuals who are limited in English
proficiency, in accordance with Executive Order
No. 13166 (65 Fed. Reg. 50121 (August 16,
2000)); and
(ii) individuals with disabilities.
(25) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(26) Tribal government.--The term ``Tribal Government''
means the governing body of an Indian Tribe.
(27) White house interagency council.--The term ``White
House Interagency Council'' means the White House Environmental
Justice Interagency Council.
(28) Climate justice.--The term ``climate justice'' means
the fair treatment and meaningful involvement of all
individuals, regardless of race, color, culture, national
origin, educational level, or income, with respect to the
development, implementation, and enforcement of policies and
projects that address climate change, a recognition of the
historical responsibilities for climate change, and a
commitment that the people and communities least responsible
for climate change, and most vulnerable to the impacts of
climate change, do not suffer disproportionately as a result of
historical injustice and disinvestment.
(29) Natural infrastructure.--The term ``natural
infrastructure'' means infrastructure that uses, restores, or
emulates natural ecological processes and--
(A) is created through the action of natural
physical, geological, biological, and chemical
processes over time;
(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
(C) involves the use of plants, soils, and other
natural features, including through the creation,
restoration, or preservation of vegetated areas using
materials appropriate to the region to manage
stormwater and runoff, to attenuate flooding and storm
surges, to prevent and mitigate and address wildfires
and drought, and for other related purposes.
SEC. 102. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS.
(a) In General.--The Administrator may award grants to eligible
entities to enable such entities to participate in decisions impacting
the health and safety of their communities in connection with an actual
or potential release of a covered hazardous air pollutant or in
connection with wildfires or drought.
(b) Timing.--
(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to apply
for a grant under this section, including the required content
and form of applications, the manner in which applications must
be submitted, and any applicable deadlines.
(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who reside in a
community that--
(1) is a population of color, a community of color, a
Tribal and Indigenous community, or a low-income community; and
(2) is in close proximity to the site of an actual or
potential release of a covered hazardous air pollutant.
(d) Use of Funds.--An eligible entity receiving a grant under this
section shall use the grant to participate in decisions impacting the
health and safety of the community involved in connection with an
actual or potential release of a covered hazardous air pollutant,
including--
(1) interpreting information with regard to the nature of
the hazard, cumulative impacts studies, health impacts studies,
remedial investigation and feasibility studies, agency
decisions, remedial design, and operation and maintenance of
necessary monitors; and
(2) performing additional air pollution monitoring.
(e) Limitations on Amount; Renewal.--
(1) Amount.--
(A) In general.--The amount of a grant under this
section (excluding any renewals of the grant) may not
exceed $50,000 for any grant recipient.
(B) Exception.--The Administrator may waive the
limitation in subparagraph (A) with respect to an
applicant in any case where the Administrator
determines that such waiver is necessary for the
community involved to obtain the necessary technical
assistance.
(2) Renewal.--Grants may be renewed for each step in the
regulatory, removal, or remediation process in connection with
a facility with the potential to release a covered hazardous
air pollutant.
(f) Definition of Covered Hazardous Air Pollutant.--In this
section, the term ``covered hazardous air pollutant'' means a hazardous
air pollutant (as defined in section 112 of the Clean Air Act) that--
(1) is listed on the toxics release inventory under section
(c) of the Emergency Planning and Community Right-To-Know Act
of 1986; or
(2) is identified as carcinogenic by an assessment under
the Integrated Risk Information System (IRIS) of the
Environmental Protection Agency.
SEC. 103. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY COUNCIL.
(a) In General.--The President shall maintain within the Executive
Office of the President a White House Environmental Justice Interagency
Council.
(b) Requirements.--
(1) Composition.--The White House Interagency Council shall
be comprised of the following (or a designee):
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(E) The Secretary of Health and Human Services.
(F) The Secretary of Homeland Security.
(G) The Secretary of Housing and Urban Development.
(H) The Secretary of the Interior.
(I) The Secretary of Labor.
(J) The Secretary of Transportation.
(K) The Attorney General.
(L) The Administrator.
(M) The Director of the Office of Environmental
Justice.
(N) The Chairman of the Consumer Product Safety
Commission.
(O) The Chairperson of the Chemical Safety Board.
(P) The Director of the Office of Management and
Budget.
(Q) The Director of the Office of Science and
Technology Policy.
(R) The Chair of the Council on Environmental
Quality.
(S) The Assistant to the President for Domestic
Policy.
(T) The Director of the National Economic Council.
(U) The Chairman of the Council of Economic
Advisers.
(V) The Secretary of Education.
(W) The Deputy Assistant to the President for
Environmental Policy.
(X) The Director of the National Institutes of
Health.
(Y) The Director of the National Park Service.
(Z) The Assistant Secretary of the Bureau of Indian
Affairs.
(AA) The Chairperson of the National Environmental
Justice Advisory Council.
(BB) Such other Federal officials as the President
may designate.
(2) Functions.--The White House Interagency Council shall--
(A) report to the President through the Chair of
the Council on Environmental Quality;
(B) provide guidance to Federal agencies regarding
criteria for identifying disproportionately high and
adverse human health or environmental effects--
(i) on populations of color, communities of
color, Tribal and Indigenous communities, and
low-income communities; and
(ii) on the basis of race, color, national
origin, or income;
(C) coordinate with, provide guidance to, and serve
as a clearinghouse for, each Federal agency with
respect to the implementation and updating of an
environmental justice strategy required under this
division, in order to ensure that the administration,
interpretation, and enforcement of programs,
activities, and policies are carried out in a
consistent manner; (D) assist in coordinating research
by, and stimulating cooperation among, the
Environmental Protection Agency, the Department of
Health and Human Services, the Department of Housing
and Urban Development, and other Federal agencies
conducting research or other activities in accordance
with this division;
(E) identify, based in part on public
recommendations contained in Federal agency progress
reports, important areas for Federal agencies to take
into consideration and address, as appropriate, in
environmental justice strategies and other efforts;
(F) assist in coordinating data collection and
maintaining and updating appropriate databases, as
required by this division;
(G) examine existing data and studies relating to
environmental justice;
(H) hold public meetings and otherwise solicit
public participation under paragraph (3); and
(I) develop interagency model projects relating to
environmental justice that demonstrate cooperation
among Federal agencies.
(3) Public participation.--The White House Interagency
Council shall--
(A) hold public meetings or otherwise solicit
public participation and community-based science for
the purpose of fact-finding with respect to the
implementation of this division; and
(B) prepare for public review and publish a summary
of any comments and recommendations provided.
(c) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
SEC. 104. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE.
(a) Federal Agency Responsibilities.--
(1) Environmental justice mission.--To the maximum extent
practicable and permitted by applicable law, each Federal
agency shall make achieving environmental justice part of the
mission of the Federal agency by identifying, addressing, and
mitigating disproportionately high and adverse human health or
environmental effects of the programs, policies, and activities
of the Federal agency on populations of color, communities of
color, Tribal and Indigenous communities, and low-income
communities in the United States (including the territories and
possessions of the United States and the District of Columbia).
(2) Nondiscrimination.--Each Federal agency shall conduct
any program, policy, or activity that substantially affects
human health or the environment in a manner that ensures that
the program, policy, or activity does not have the effect of
excluding any individual or group from participation in,
denying any individual or group the benefits of, or subjecting
any individual or group to discrimination under, the program,
policy, or activity on the basis of race, color, or national
origin.
(3) Strategies.--
(A) Agencywide strategies.--Each Federal agency
shall implement and update, not less frequently than
annually, an agencywide environmental justice strategy
that identifies and includes strategies to address
disproportionally high and adverse human health or
environmental effects of the programs, policies,
spending, and other activities of the Federal agency
with respect to populations of color, communities of
color, Tribal and Indigenous communities, and low-
income communities, including, as appropriate for the
mission of the Federal agency, with respect to the
following areas:
(i) Implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. et
seq.).
(ii) Implementation of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) (including regulations promulgated
pursuant to that title).
(iii) Implementation of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(iv) Impacts from the lack of
infrastructure, or from deteriorated
infrastructure.
(v) Impacts from land use.
(vi) Impacts from climate change, including
wildfires and drought.
(vii) Impacts from commercial
transportation.
(viii) Strategies for the implementation of
agency programs, policies, and activities to
provide for--
(I) equal protection from
environmental and health hazards for
populations of color, communities of
color, Tribal and Indigenous
communities, and low-income
communities;
(II) equal opportunity for public
involvement and due process to
populations of color, communities of
color, Tribal and Indigenous
communities, and low-income communities
in the development, implementation, and
enforcement of agency programs,
policies, and activities;
(III) improved technical assistance
and access to information to
populations of color, communities of
color, Tribal and Indigenous
communities, and low-income communities
regarding the impacts of agency
programs, policies, and activities on
environmental justice communities;
(IV) improved agency cooperation
with State governments, Tribal
Governments, and local governments to
address pollution and public health
burdens for populations of color,
communities of color, Tribal and
Indigenous communities, and low-income
communities.
(B) Revisions.--
(i) In general.--Each strategy developed
and updated pursuant to subparagraph (A) shall
identify programs, policies, planning and
public participation processes, rulemaking,
agency spending, and enforcement activities
relating to human health or the environment
that may be revised, at a minimum--
(I) to promote enforcement of all
health, environmental, and civil rights
laws and regulations in areas
containing populations of color,
communities of color, Tribal and
Indigenous communities, and low-income
communities;
(II) to ensure greater public
participation;
(III) to provide increased access
to infrastructure;
(IV) to improve research and data
collection relating to the health and
environment of populations of color,
communities of color, Tribal and
Indigenous communities, and low-income
communities, including through the
increased use of community-based
science; and
(V) to identify differential
patterns of use of natural resources
among populations of color, communities
of color, Tribal and Indigenous
communities, and low-income
communities.
(ii) Timetables.--Each strategy implemented
and updated pursuant to subparagraph (A) shall
include a timetable for undertaking revisions
identified pursuant to clause (i).
(C) Progress reports.--Not later than 1 year after
the date of enactment of this Act, and not less
frequently than once every 5 years thereafter, each
Federal agency shall submit to Congress and the Working
Group, and shall publish, a progress report that
includes, with respect to the period covered by the
report--
(i) a description of the current
environmental justice strategy of the Federal
agency;
(ii) an evaluation of the progress made by
the Federal agency at national and regional
levels regarding implementation of the
environmental justice strategy, including--
(I) metrics used by the Federal
agency to measure performance; and
(II) the progress made by the
Federal agency toward--
(aa) the achievement of the
metrics described in subclause
(I); and
(bb) mitigating identified
instances of environmental
injustice;
(iii) a description of the participation by
the Federal agency in interagency
collaboration;
(iv) responses to recommendations submitted
by members of the public to the Federal agency
relating to the environmental justice strategy
of the Federal agency and the implementation by
the Federal agency of this division; and
(v) any updates or revisions to the
environmental justice strategy of the Federal
agency, including those resulting from public
comments.
(4) Public participation.--Each Federal agency shall--
(A) ensure that meaningful opportunities exist for
the public to submit comments and recommendations
relating to the environmental justice strategy,
progress reports, and ongoing efforts of the Federal
agency to incorporate environmental justice principles
into the programs, policies, and activities of the
Federal agency;
(B) hold public meetings or otherwise solicit
public participation and community-based science from
populations of color, communities of color, Tribal and
Indigenous communities, and low-income communities for
fact-finding, receiving public comments, and conducting
inquiries concerning environmental justice; and
(C) prepare for public review and publish a summary
of the comments and recommendations provided.
(5) Access to information.--Each Federal agency shall--
(A) publish public documents, notices, and hearings
relating to the programs, policies, and activities of
the Federal agency that affect human health or the
environment; and
(B) translate and publish any public documents,
notices, and hearings relating to an action of the
Federal agency as appropriate for the affected
population, specifically in any case in which a limited
English-speaking population may be disproportionately
affected by that action.
(6) Codification of guidance.--
(A) Council on environmental quality.--
Notwithstanding any other provision of law, sections II
and III of the guidance issued by the Council on
Environmental Quality entitled ``Environmental Justice
Guidance Under the National Environmental Policy Act''
and dated December 10, 1997, are enacted into law.
(B) Environmental protection agency.--
Notwithstanding any other provision of law, the
guidance issued by the Environmental Protection Agency
entitled ``EPA Policy on Consultation and Coordination
with Indian Tribes: Guidance for Discussing Tribal
Treaty Rights'' and dated February 2016 is enacted into
law.
(b) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental or human health
research, include diverse segments of the population in
epidemiological and clinical studies, including
segments at high risk from environmental hazards, such
as--
(i) populations of color, communities of
color, Tribal and Indigenous communities,
populations with low income, and low-income
communities;
(ii) fenceline communities; and
(iii) workers who may be exposed to
substantial environmental hazards;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures;
and
(C) actively encourage and solicit community-based
science, and provide to populations of color,
communities of color, Tribal and Indigenous
communities, populations with low income, and low
income communities the opportunity to comment regarding
the development and design of research strategies
carried out pursuant to this division.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including section
552a of title 5, United States Code (commonly known as the
Privacy Act)), each Federal agency shall--
(A) collect, maintain, and analyze information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, or income; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally high and adverse human
health or environmental effects on populations of
color, communities of color, Tribal and Indigenous
communities, and low-income communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency strategies
under subsection (a)(3), each Federal agency, to the maximum
extent practicable and permitted by applicable law, shall
collect, maintain, and analyze information relating to the
race, national origin, and income level, and other readily
accessible and appropriate information, for fenceline
communities in proximity to any facility or site expected to
have a substantial environmental, human health, or economic
effect on the surrounding populations, if the facility or site
becomes the subject of a substantial Federal environmental
administrative or judicial action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for fenceline
communities in proximity to any facility of the Federal agency
that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-To-Know Act of
(42 U.S.C. 11001 et seq.), as required by Executive
Order No. 12898 (42 U.S.C. 4321 note; relating to
Federal actions to address environmental justice in
minority populations and low-income populations); and
(B) expected to have a substantial environmental,
human health, or economic effect on surrounding
populations.
(c) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(d) Mapping and Screening Tool.--The Administrator shall continue
to make available to the public an environmental justice mapping and
screening tool (such as EJScreen or an equivalent tool) that includes,
at a minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(5) Data on national parks and other federally protected
natural, historic, and cultural sites.
(e) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(f) Information Sharing.--In carrying out this section, each
Federal agency, to the maximum extent practicable and permitted by
applicable law, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State, local,
and Tribal Governments.
(g) Climate and Economic Justice Screening Tool.--The Chair of the
Council on Environmental Quality shall--
(1) maintain a geospatial Climate and Economic Justice
Screening Tool; and
(2) annually publish interactive maps highlighting
disadvantaged communities.
SEC. 105. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) Initial Training.--Not later than 1 year after the date of
enactment of this Act, each employee of the Department of Energy, the
Environmental Protection Agency, the Department of the Interior, and
the National Oceanic and Atmospheric Administration shall complete an
environmental justice training program to ensure that each such
employee--
(1) has received training in environmental justice; and
(2) is capable of--
(A) appropriately incorporating environmental
justice concepts into the daily activities of the
employee; and
(B) increasing the meaningful participation of
individuals from environmental justice communities in
the activities of the applicable agency.
(b) Mandatory Participation.--Effective on the date that is 1 year
after the date of enactment of this Act, each individual hired by the
Department of Energy, the Environmental Protection Agency, the
Department of the Interior, and the National Oceanic and Atmospheric
Administration after that date shall be required to participate in
environmental justice training.
(c) Requirement Relating to Certain Employees.--
(1) In general.--With respect to each Federal agency that
participates in the White House Interagency Council, not later
than 30 days after the date on which an individual is appointed
to the position of environmental justice coordinator, or any
other position the responsibility of which involves the conduct
of environmental justice activities, the individual shall be
required to possess documentation of the completion by the
individual of environmental justice training.
(2) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Inspector General of each Federal
agency that participates in the White House Interagency Council
shall evaluate the training programs of such Federal agency to
determine if such Federal agency has improved the rate of
training of the employees of such Federal agency to ensure that
each employee has received environmental justice training.
SEC. 106. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) Establishment.--The Administrator shall establish a basic
training program, in coordination and consultation with nongovernmental
environmental justice organizations, to increase the capacity of
residents of environmental justice communities to identify and address
disproportionately adverse human health or environmental effects by
providing culturally and linguistically appropriate--
(1) training and education relating to--
(A) basic and advanced techniques for the
detection, assessment, and evaluation of the effects of
hazardous substances, wildfire, and drought on human
health;
(B) methods to assess the risks to human health
presented by hazardous substances, wildfire, and
drought;
(C) methods and technologies to detect hazardous
substances in the environment;
(D) basic biological, chemical, and physical
methods to reduce the quantity and toxicity of
hazardous substances and to reduce the frequency and
extent of wildfires and drought;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address disparate
impacts and discrimination, including--
(i) laws adopted to protect human health
and the environment; and
(ii) section 602 of the Civil Rights Act of
(42 U.S.C. 2000d-1);
(F) public engagement opportunities through the
policies and laws described in subparagraph (E);
(G) materials available on the Clearinghouse
described in this division;
(H) methods to expand access to parks and other
natural and recreational amenities; and
(I) finding and applying for Federal grants related
to environmental justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity to
hazardous substances or in locations at risk of wildfires or
drought to provide, as applicable--
(A) education relating to--
(i) the proper manner to handle hazardous
substances;
(ii) the management of facilities at which
hazardous substances are located (including
facility compliance protocols);
(iii) the evaluation of the hazards that
facilities described in clause (ii) pose to
human health; and
(iv) preventing, mitigating, and managing
wildfires and drought and the hazards that
wildfires and drought pose to human health; and
(B) training on environmental and occupational
health and safety with respect to the public health and
engineering aspects of hazardous waste control.
(b) Grant Program.--
(1) Establishment.--In carrying out the basic training
program established under subsection (a), the Administrator may
provide grants to, or enter into any contract or cooperative
agreement with, an eligible entity to carry out any training or
educational activity described in subsection (a).
(2) Eligible entity.--To be eligible to receive assistance
under paragraph (1), an eligible entity shall be an accredited
institution of education in partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the
detection, assessment, evaluation, or treatment of
hazardous waste;
(D) any owner or operator of a facility at which
hazardous substances are located; or
(E) any State government, Tribal Government, or
local government.
(c) Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation with
the Director, shall develop and publish in the Federal Register
a plan to carry out the basic training program established
under subsection (a).
(2) Contents.--The plan described in paragraph (1) shall
contain--
(A) a list that describes the relative priority of
each activity described in subsection (a); and
(B) a description of research and training relevant
to environmental justice issues of communities
adversely affected by pollution.
(3) Coordination with federal agencies.--The Administrator
shall, to the maximum extent practicable, take appropriate
steps to coordinate the activities of the basic training
program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representative
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing--
(A) the implementation of the basic training
program established under subsection (a); and
(B) the impact of the basic training program on
improving training opportunities for residents of
environmental justice communities.
(2) Public availability.--The Administrator shall make the
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2023 through 2027.
SEC. 107. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a public
internet-based clearinghouse, to be known as the Environmental Justice
Clearinghouse.
(b) Contents.--The Clearinghouse shall be composed of culturally
and linguistically appropriate materials related to environmental
justice, including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand and
carry out environmental justice activities;
(3) links to web pages that describe environmental justice
activities of other Federal agencies;
(4) a directory of individuals who possess technical
expertise in issues relating to environmental justice;
(5) a directory of nonprofit and community-based
organizations, including grassroots organizations led by people
of color, that address issues relating to environmental justice
at the local, State, and Federal levels (with particular
emphasis given to nonprofit and community-based organizations
that possess the capability to provide advice or technical
assistance to environmental justice communities); and
(6) any other appropriate information as determined by the
Administrator, including information on any resources available
to help address the disproportionate burden of adverse human
health or environmental effects on environmental justice
communities.
(c) Consultation.--In developing the Clearinghouse, the
Administrator shall consult with individuals representing academic and
community-based organizations who have expertise in issues relating to
environmental justice.
(d) Annual Review.--The Advisory Council shall--
(1) conduct a review of the Clearinghouse on an annual
basis; and
(2) recommend to the Administrator any updates for the
Clearinghouse that the Advisory Council determines to be
necessary for the effective operation of the Clearinghouse.
SEC. 108. PUBLIC MEETINGS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and biennially thereafter, the Administrator shall hold
public meetings on environmental justice issues in each region of the
Environmental Protection Agency to gather public input with respect to
the implementation and updating of environmental justice strategies and
efforts of the Environmental Protection Agency.
(b) Outreach to Environmental Justice Communities.--The
Administrator, in advance of the meetings described in subsection (a),
shall to the extent practicable hold multiple meetings in environmental
justice communities in each region to provide meaningful community
involvement opportunities.
(c) Notice.--Notice for the meetings described in subsections (a)
and (b) shall be provided--
(1) to applicable representative entities or organizations
present in the environmental justice community, including--
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice
organizations;
(E) homeowners, tenants, and neighborhood watch
groups;
(F) local and Tribal Governments;
(G) rural cooperatives;
(H) business and trade organizations;
(I) community and social service organizations;
(J) universities, colleges, and vocational schools;
(K) labor organizations;
(L) civil rights organizations;
(M) senior citizens' groups; and
(N) public health agencies and clinics;
(2) through communication methods that are accessible in
the applicable environmental justice community, which may
include electronic media, newspapers, radio, and other media
particularly targeted at communities of color, low-income
communities, and Tribal and Indigenous communities; and
(3) at least 30 days before any such meeting.
(d) Communication Methods and Requirements.--The Administrator
shall--
(1) provide translations of any documents made available to
the public pursuant to this section in any language spoken by
more than 5 percent of the population residing within the
applicable environmental justice community, and make available
translation services for meetings upon request; and
(2) not require members of the public to produce a form of
identification or register their names, provide other
information, complete a questionnaire, or otherwise fulfill any
condition precedent to attending a meeting, but if an
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document is
voluntary.
(e) Required Attendance of Certain Employees.--In holding a public
meeting under subsection (a), the Administrator shall ensure that at
least 1 employee of the Environmental Protection Agency at the level of
Assistant Administrator is present at the meeting to serve as a
representative of the Environmental Protection Agency.
SEC. 109. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The President shall establish an advisory
council, to be known as the National Environmental Justice Advisory
Council.
(b) Membership.--The Advisory Council shall be composed of 26
members who have knowledge of, or experience relating to, the effect of
environmental conditions on communities of color, low-income
communities, and Tribal and Indigenous communities, including--
(1) representatives of--
(A) community-based organizations that carry out
initiatives relating to environmental justice,
including grassroots organizations led by people of
color;
(B) State governments, Tribal Governments, and
local governments;
(C) Indian Tribes and other Indigenous groups;
(D) nongovernmental and environmental
organizations; and
(E) private sector organizations (including
representatives of industries and businesses); and
(2) experts in the field of--
(A) socioeconomic analysis;
(B) health and environmental effects;
(C) exposure evaluation;
(D) environmental law and civil rights law; or
(E) environmental health science research.
(c) Subcommittees; Workgroups.--
(1) Establishment.--The Advisory Council may establish any
subcommittee or workgroup to assist the Advisory Council in
carrying out any duty of the Advisory Council described in
subsection (d).
(2) Report.--Upon the request of the Advisory Council, each
subcommittee or workgroup established by the Advisory Council
under paragraph (1) shall submit to the Advisory Council a
report that contains--
(A) a description of each recommendation of the
subcommittee or workgroup; and
(B) any advice requested by the Advisory Council
with respect to any duty of the Advisory Council.
(d) Duties.--The Advisory Council shall provide independent advice
and recommendations to the Environmental Protection Agency with respect
to issues relating to environmental justice, including advice--
(1) to help develop, facilitate, and conduct reviews of the
direction, criteria, scope, and adequacy of the scientific
research and demonstration projects of the Environmental
Protection Agency relating to environmental justice;
(2) to improve participation, cooperation, and
communication with respect to such issues--
(A) within the Environmental Protection Agency;
(B) between, and among, the Environmental
Protection Agency and Federal agencies, State and local
governments, Indian Tribes, environmental justice
leaders, interest groups, and the public;
(3) requested by the Administrator to help improve the
response of the Environmental Protection Agency in securing
environmental justice for communities of color, low-income
communities, and Tribal and Indigenous communities; and
(4) on issues relating to--
(A) the developmental framework of the
Environmental Protection Agency with respect to the
integration by the Environmental Protection Agency of
socioeconomic programs into the strategic planning,
annual planning, and management accountability of the
Environmental Protection Agency to achieve
environmental justice results throughout the
Environmental Protection Agency;
(B) the measurement and evaluation of the progress,
quality, and adequacy of the Environmental Protection
Agency in planning, developing, and implementing
environmental justice strategies, project, and
programs;
(C) any existing and future information management
systems, technologies, and data collection activities
of the Environmental Protection Agency (including
recommendations to conduct analyses that support and
strengthen environmental justice programs in
administrative and scientific areas);
(D) the administration of grant programs relating
to environmental justice assistance; and
(E) education, training, and other outreach
activities conducted by the Environmental Protection
Agency relating to environmental justice.
(e) Designated Federal Officer.--The Director of the Office of
Environmental Justice of the Environmental Protection Agency is
designated as the Federal officer required under section 10(e) of the
Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory
Council.
(f) Meetings.--
(1) In general.--The Advisory Council shall meet not less
frequently than 3 times each calendar year.
(2) Open to public.--Each meeting of the Advisory Council
shall be held open to the public.
(3) Duties of designated federal officer.--The designated
Federal officer described in subsection (e) (or a designee)
shall--
(A) be present at each meeting of the Advisory
Council;
(B) ensure that each meeting is conducted in
accordance with an agenda approved in advance by the
designated Federal officer;
(C) provide an opportunity for interested persons--
(i) to file comments before or after each
meeting of the Advisory Council; or
(ii) to make statements at such a meeting,
to the extent that time permits;
(D) ensure that a representative of the Working
Group and a high-level representative from each
regional office of the Environmental Protection Agency
are invited to, and encouraged to attend, each meeting
of the Advisory Council; and
(E) provide technical assistance to States seeking
to establish State-level environmental justice advisory
councils or implement other environmental justice
policies or programs.
(g) Responses From Administrator.--
(1) Public comment inquiries.--The Administrator shall
provide a written response to each inquiry submitted to the
Administrator by a member of the public before or after each
meeting of the Advisory Council by not later than 120 days
after the date of submission.
(2) Recommendations from advisory council.--The
Administrator shall provide a written response to each
recommendation submitted to the Administrator by the Advisory
Council by not later than 120 days after the date of
submission.
(h) Travel Expenses.--A member of the Advisory Council may be
allowed travel expenses, including per diem in lieu of subsistence, at
such rate as the Administrator determines to be appropriate while away
from the home or regular place of business of the member in the
performance of the duties of the Advisory Council.
(i) Duration.--The Advisory Council shall remain in existence
unless otherwise provided by law.
SEC. 110. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) In General.--The Administrator shall continue to carry out the
Environmental Justice Small Grants Program and the Environmental
Justice Collaborative Problem-Solving Cooperative Agreement Program, as
those programs are in existence on the date of enactment of this Act.
(b) Care Grants.--The Administrator shall continue to carry out the
Community Action for a Renewed Environment grant programs I and II, as
in existence on January 1, 2012.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the programs described in subsections (a) and
(b) $50,000,000 for each of fiscal years 2023 through 2032.
SEC. 111. ENVIRONMENTAL JUSTICE COMMUNITY SOLID WASTE DISPOSAL
TECHNICAL ASSISTANCE GRANTS.
(a) In General.--The Administrator may award grants to eligible
entities to enable such entities to participate in decisions impacting
the health and safety of their communities relating to the permitting
or permit renewal of a solid waste disposal facility or hazardous waste
facility.
(b) Timing.--
(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to apply
for a grant under this section, including the required content
and form of applications, the manner in which applications must
be submitted, and any applicable deadlines.
(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who reside in a
community that--
(1) is a population of color, a community of color, a
Tribal and Indigenous community, or a low-income community; and
(2) is in close proximity to a facility described in
subsection (a) for which a decision relating to a permit or
permit renewal for such facility is required.
(d) Use of Funds.--An eligible entity receiving a grant under this
section shall use the grant to participate in decisions impacting the
health and safety of the community involved that are related to the
permitting or permit renewal of a solid waste disposal facility or
hazardous waste facility, including--
(1) interpreting information with regard to--
(A) cumulative impacts studies;
(B) health impacts studies;
(C) relevant agency decisions; and
(D) operation and maintenance of necessary
monitors; and
(2) performing environmental monitoring.
(e) Limitations on Amount; Renewal.--
(1) Amount.--
(A) In general.--The amount of a grant under this
section (excluding any renewals of the grant) may not
exceed $50,000 for any grant recipient.
(B) Exception.--The Administrator may waive the
limitation in subparagraph (A) with respect to an
applicant in any case where the Administrator
determines that such waiver is necessary for the
community involved to obtain the necessary technical
assistance.
(2) Renewal.--Grants may be renewed for each step in the
process for the permitting or permit renewal of a solid waste
disposal facility or hazardous waste facility.
SEC. 112. ENVIRONMENTAL JUSTICE COMMUNITY, STATE, AND TRIBAL GRANT
PROGRAMS.
(a) Environmental Justice Community Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(A) building capacity to address issues relating to
environmental justice; and
(B) carrying out any activity described in
paragraph (4).
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall be a nonprofit,
community-based organization that conducts activities,
including providing medical and preventive health services, to
reduce the disproportionate health impacts of environmental
pollution in the environmental justice community at which the
eligible entity proposes to conduct an activity that is the
subject of the application described in paragraph (3).
(3) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
(A) an outline describing the means by which the
project proposed by the eligible entity will--
(i) with respect to environmental and
public health issues at the local level,
increase the understanding of the environmental
justice community at which the eligible entity
will conduct the project;
(ii) improve the ability of the
environmental justice community to address each
issue described in clause (i);
(iii) facilitate collaboration and
cooperation among various stakeholders
(including members of the environmental justice
community); and
(iv) support the ability of the
environmental justice community to proactively
plan and implement just sustainable community
development and revitalization initiatives,
including countering displacement and
gentrification;
(B) a proposed budget for each activity of the
project that is the subject of the application;
(C) a list of proposed outcomes with respect to the
proposed project;
(D) a description of the ways by which the eligible
entity may leverage the funds of the eligible entity,
or the funds made available through a grant under this
subsection, to develop a project that is capable of
being sustained beyond the period of the grant; and
(E) a description of the ways by which the eligible
entity is linked to, and representative of, the
environmental justice community at which the eligible
entity will conduct the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
environmental justice concerns and improve the health or
environment of the environmental justice community, including
activities--
(A) to create or develop collaborative
partnerships;
(B) to educate and provide outreach services to the
environmental justice community;
(C) to identify and implement projects to address
environmental or public health concerns; or
(D) to develop a comprehensive understanding of
environmental or public health issues.
(5) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing the ways by which the
grant program under this subsection has helped
community-based nonprofit organizations address issues
relating to environmental justice.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2023 through 2027.
(b) State Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
States to enable the States--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in the State, including reducing economic
vulnerabilities that result in the environmental
justice communities being disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a State shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice at the State level; and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the State allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a State shall
demonstrate to the Administrator that the State has the
ability to continue each program that is the subject of
funds provided through a grant under paragraph (1)
after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
State to address environmental justice issues;
and
(iii) the activities carried out by each
State to reduce or eliminate disproportionately
adverse human health or environmental effects
on environmental justice communities in the
State.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2023 through 2027.
(c) Tribal Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
Tribal Governments to enable the Indian Tribes--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in Tribal and Indigenous communities,
including reducing economic vulnerabilities that result
in the Tribal and Indigenous communities being
disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a Tribal Government shall submit
to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice in Tribal and Indigenous communities;
and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the Tribal Government allocates for
initiatives relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a Tribal
Government shall demonstrate to the Administrator that
the Tribal Government has the ability to continue each
program that is the subject of funds provided through a
grant under paragraph (1) after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
Indian Tribe to address environmental justice
issues; and
(iii) the activities carried out by each
Tribal Government to reduce or eliminate
disproportionately adverse human health or
environmental effects on applicable
environmental justice communities in Tribal and
Indigenous communities.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2023 through 2027.
(d) Community-based Participatory Research Grant Program.--
(1) Establishment.--The Administrator, in consultation with
the Director, shall establish a program under which the
Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based participatory
research--
(A) to address issues relating to environmental
justice;
(B) to improve the environment of residents and
workers in environmental justice communities; and
(C) to improve the health outcomes of residents and
workers in environmental justice communities.
(2) Eligibility.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall be a
partnership composed of--
(A) an accredited institution of higher education;
and
(B) a community-based organization.
(3) Application.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall submit to
the Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(A) a detailed description of the partnership of
the eligible entity that, as determined by the
Administrator, demonstrates the participation of
members of the community at which the eligible entity
proposes to conduct the research; and
(B) a description of--
(i) the project proposed by the eligible
entity; and
(ii) the ways by which the project will--
(I) address issues relating to
environmental justice;
(II) assist in the improvement of
health outcomes of residents and
workers in environmental justice
communities; and
(III) assist in the improvement of
the environment of residents and
workers in environmental justice
communities.
(4) Public availability.--The Administrator shall make the
results of the grants provided under this subsection available
to the public, including by posting on the website of the
Environmental Protection Agency a copy of the grant awards and
an annual report at the beginning of each fiscal year
describing the research findings associated with each grant
provided under this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2023 through 2027.
SEC. 113. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST
HARMFUL FEDERAL ACTIONS.
(a) Purpose.--The purpose of this section is to establish
additional protections relating to Federal actions affecting
environmental justice communities in recognition of the
disproportionate burden of adverse human health or environmental
effects faced by such communities.
(b) Definitions.--In this section:
(1) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of environmental impacts of a proposed action required to be
prepared pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(2) Federal action.--The term ``Federal action'' means a
proposed action that requires the preparation of 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.).
(c) Preparation of a Community Impact Report.--A Federal agency
proposing to take a Federal action that has the potential to cause
negative environmental or public health impacts on an environmental
justice community shall prepare a community impact report assessing the
potential impacts of the proposed action.
(d) Contents.--A community impact report described in subsection
(c) shall--
(1) assess the degree to which a proposed Federal action
affecting an environmental justice community will cause
multiple or cumulative exposure to human health and
environmental hazards that influence, exacerbate, or contribute
to adverse health outcomes;
(2) assess relevant public health data and industry data
concerning the potential for multiple or cumulative exposure to
human health or environmental hazards in the area of the
environmental justice community and historical patterns of
exposure to environmental hazards and Federal agencies shall
assess these multiple, or cumulative effects, even if certain
effects are not within the control or subject to the discretion
of the Federal agency proposing the Federal action;
(3) assess the impact of such proposed Federal action on
such environmental justice community's ability to access public
parks, outdoor spaces, and public recreation opportunities;
(4) evaluate alternatives to or mitigation measures for the
proposed Federal action that will--
(A) eliminate or reduce any identified exposure to
human health and environmental hazards described in
paragraph (1) to a level that is reasonably expected to
avoid human health impacts in environmental justice
communities; and
(B) not negatively impact an environmental justice
community's ability to access public parks, outdoor
spaces, and public recreation opportunities; and
(5) analyze any alternative developed by members of an
affected environmental justice community that meets the purpose
and need of the proposed action.
(e) Delegation.--Federal agencies shall not delegate responsibility
for the preparation of a community impact report described in
subsection (c) to any other entity.
(f) National Environmental Policy Act Requirements for
Environmental Justice Communities.--When carrying out the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a proposed Federal action that may affect an environmental
justice community, a Federal agency shall--
(1) consider all potential direct, indirect, and cumulative
impacts caused by the action, alternatives to such action, and
mitigation measures on the environmental justice community
required by that Act;
(2) require any public comment period carried out during
the scoping phase of the environmental review process to be not
less than 90 days;
(3) provide early and meaningful community involvement
opportunities by--
(A) holding multiple hearings in such community
regarding the proposed Federal action in each prominent
language within the environmental justice community;
and
(B) providing notice of any step or action in the
process that Act involves public participation to any
representative entities or organizations present in the
environmental justice community including--
(i) local religious organizations;
(ii) civic associations and organizations;
(iii) business associations of people of
color;
(iv) environmental and environmental
justice organizations, including community-
based grassroots organizations led by people of
color;
(v) homeowners``, tenants'', and
neighborhood watch groups;
(vi) local governments and Tribal
Governments;
(vii) rural cooperatives;
(viii) business and trade organizations;
(ix) community and social service
organizations;
(x) universities, colleges, and vocational
schools;
(xi) labor and other worker organizations;
(xii) civil rights organizations;
(xiii) senior citizens' groups; and
(xiv) public health agencies and clinics;
and
(4) provide translations of publicly available documents
made available pursuant to that Act in any language spoken by
more than 5 percent of the population residing within the
environmental justice community.
(g) Communication Methods and Requirements.--Any notice provided
under subsection (f)(3)(B) shall be provided--
(1) through communication methods that are accessible in
the environmental justice community, which may include
electronic media, newspapers, radio, direct mailings,
canvassing, and other outreach methods particularly targeted at
communities of color, low-income communities, and Tribal and
Indigenous communities; and
(2) at least 30 days before any hearing in such community
or the start of any public comment period.
(h) Requirements for Actions Requiring an Environmental Impact
Statement.--For any proposed Federal action affecting an environmental
justice community requiring the preparation of an environmental impact
statement, the Federal agency shall provide the following information
when giving notice of the proposed action:
(1) A description of the proposed action.
(2) An outline of the anticipated schedule for completing
the process under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), with a description of key milestones.
(3) An initial list of alternatives and potential impacts.
(4) An initial list of other existing or proposed sources
of multiple or cumulative exposure to environmental hazards
that contribute to higher rates of serious illnesses within the
environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be
received or public meetings held.
(7) Any telephone number or locations where further
information can be obtained.
(i) National Environmental Policy Act Requirements for Indian
Tribes.--When carrying out the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
proposed Federal action that may affect an Indian Tribe, a Federal
agency shall--
(1) seek Tribal representation in the process in a manner
that is consistent with the government-to-government
relationship between the United States and Tribal Governments,
the Federal Government's trust responsibility to federally
Recognized Indian Tribes, and any treaty rights;
(2) ensure that an Indian Tribe is invited to hold the
status of a cooperating agency throughout the process under
that Act for any proposed action that could impact an Indian
Tribe, including actions that could impact off reservation
lands and sacred sites; and
(3) invite an Indian Tribe to hold the status of a
cooperating agency in accordance with paragraph (2) not later
than the date on which the scoping process for a proposed
action requiring the preparation of an environmental impact
statement commences.
(j) Agency Determinations.--Federal agency determinations about the
analysis of a community impact report described in subsection (c) shall
be subject to judicial review to the same extent as any other analysis
performed under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(k) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
(l) Savings Clause.--Nothing in this section diminishes--
(1) any right granted through the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
(2) the requirements under that Act to consider direct,
indirect, and cumulative impacts.
SEC. 114. PROHIBITED DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended--
(1) by striking ``No'' and inserting ``(a) No''; and
(2) by adding at the end the following:
``(b)(1)(A) Discrimination (including exclusion from participation
and denial of benefits) based on disparate impact is established under
this title if--
``(i) an entity subject to this title
(referred to in this title as a `covered
entity') has a program, policy, practice, or
activity that causes a disparate impact on the
basis of race, color, or national origin and
the covered entity fails to demonstrate that
the challenged program, policy, practice, or
activity is related to and necessary to achieve
the nondiscriminatory goal of the program,
policy, practice, or activity alleged to have
been operated in a discriminatory manner; or
``(ii) a less discriminatory alternative
program, policy, practice, or activity exists,
and the covered entity refuses to adopt such
alternative program, policy, practice, or
activity.
``(B) With respect to demonstrating that a particular program,
policy, practice, or activity does not cause a disparate impact, the
covered entity shall demonstrate that each particular challenged
program, policy, practice, or activity does not cause a disparate
impact, except that if the covered entity demonstrates to the courts
that the elements of the covered entity's decision-making process are
not capable of separation for analysis, the decision-making process may
be analyzed as 1 program, policy, practice, or activity.
``(2) A demonstration that a program, policy, practice, or activity
is necessary to achieve the goals of a program, policy, practice, or
activity may not be used as a defense against a claim of intentional
discrimination under this title.
``(3) In this subsection--
``(A) the term `demonstrates' means to meet the burdens of
going forward with the evidence and of persuasion; and
``(B) the term `disparate impact' means an action or
practice that, even if appearing neutral, actually has the
effect of subjecting persons to discrimination on the basis of
their race, color, or national origin.
``(C) No person in the United States shall be subjected to
discrimination, including retaliation or intimidation, because
such person opposed any program, policy, practice, or activity
prohibited by this title, or because such person made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this title.''.
SEC. 115. RIGHT OF ACTION.
(a) In General.--Section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure to comply with this
title, including any regulation promulgated pursuant to this title, may
file suit in any district court of the United States having
jurisdiction of the parties, without respect to the amount in
controversy and without regard to the citizenship of the parties.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment of
this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 116. RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by inserting after section 602 the following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional Discrimination.--In an
action brought by an aggrieved person under this title against an
entity subject to this title (referred to in this section as a `covered
entity') who has engaged in unlawful intentional discrimination (not a
practice that is unlawful because of its disparate impact) prohibited
under this title (including its implementing regulations), the
aggrieved person may recover equitable and legal relief (including
compensatory and punitive damages), attorney's fees (including expert
fees), and costs of the action, except that punitive damages are not
available against a government, government agency, or political
subdivision.
``(b) Claims Based on the Disparate Impact Standard of Proof.--In
an action brought by an aggrieved person under this title against a
covered entity who has engaged in unlawful discrimination based on
disparate impact prohibited under this title (including implementing
regulations), the aggrieved person may recover attorney's fees
(including expert fees), and costs of the action.
``(c) Definitions.--In this section:
``(1) Aggrieved person.--The term `aggrieved person' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
``(2) the term `disparate impact' means an action or
practice that, even if appearing neutral, actually has the
effect of subjecting persons to discrimination on the basis of
their race, color, or national origin.''.
SEC. 117. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMULATIVE ENVIRONMENTAL
STRESSORS.
(a) Proposed Protocol.--Not later than 180 days after the date of
enactment of this section, the Administrator, in consultation with the
Advisory Council, shall publish a proposal for a protocol for assessing
and addressing the cumulative public health risks associated with
multiple environmental stressors. The Administrator shall allow 90 days
for public comment on such proposal. The environmental stressors
addressed under such proposal shall include--
(1) impacts associated with global climate change,
including extreme heat, extremes in temperature change,
drought, wildfires, sea level rise, flooding, storms, water
shortage, food shortage, ecosystem disruption, and the spread
of infectious disease;
(2) exposure to pollutants, emissions, discharges, waste,
chemicals, or other materials subject to regulation under the
Clean Air Act, the Federal Water Pollution Control Act, the
Safe Drinking Water Act, the Toxic Substances Control Act, the
Solid Waste Disposal Act, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, the
Emergency Planning and Community Right-to-Know Act of 1986, and
other laws administered by the Administrator; and
(3) other environmental stressors determined by the
Administrator to impact public health.
(b) Final Protocol.--Not later than 1 year after the enactment of
this section, the Administrator shall publish the final protocol for
assessing and addressing the cumulative public health risks associated
with multiple environmental stressors.
(c) Implementation.--Not later than 3 years after the enactment of
this section, the Administrator shall implement the protocol described
under subsection (b).
SEC. 118. CLIMATE JUSTICE GRANT PROGRAM.
(a) Establishment.--The Administrator shall establish a program
under which the Administrator shall provide grants to eligible entities
to assist the eligible entities in--
(1) building capacity to address issues relating to climate
justice; and
(2) carrying out any activity described in subsection (d).
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an eligible entity shall be a tribal government, local
government, or nonprofit, community-based organization.
(c) Application.--To be eligible to receive a grant under
subsection (a), an eligible entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including--
(1) an outline describing the means by which the project
proposed by the eligible entity will--
(A) with respect to climate justice issues at the
local level, increase the understanding of the
environmental justice community at which the eligible
entity will conduct the project;
(B) improve the ability of the environmental
justice community to address each issue described in
subparagraph (A);
(C) facilitate collaboration and cooperation among
various stakeholders (including members of the
environmental justice community); and
(D) support the ability of the environmental
justice community to proactively plan and implement
climate justice initiatives;
(2) a proposed budget for each activity of the project that
is the subject of the application;
(3) a list of proposed outcomes with respect to the
proposed project;
(4) a description of the ways by which the eligible entity
may leverage the funds of the eligible entity, or the funds
made available through a grant under this subsection, to
develop a project that is capable of being sustained beyond the
period of the grant; and
(5) a description of the ways by which the eligible entity
is linked to, and representative of, the environmental justice
community at which the eligible entity will conduct the
project.
(d) Use of Funds.--An eligible entity may only use a grant under
this subsection to carry out culturally and linguistically appropriate
projects and activities that are driven by the needs, opportunities,
and priorities of the environmental justice community at which the
eligible entity proposes to conduct the project or activity to address
climate justice concerns of the environmental justice community,
including activities--
(1) to create or develop collaborative partnerships;
(2) to educate and provide outreach services to the
environmental justice community on climate justice;
(3) to identify and implement projects to address climate
justice concerns, including community solar and wind energy
projects, energy efficiency, home and building electrification,
home and building weatherization, energy storage, solar and
wind energy supported microgrids, battery electric vehicles,
electric vehicle charging infrastructure, natural
infrastructure, addressing the risks and hazards of wildfires
and droughts, and climate resilient infrastructure.
(e) Limitations on Amount.--The amount of a grant under this
section may not exceed $2,000,000 for any grant recipient.
(f) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representatives
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing the
ways by which the grant program under this subsection has
helped eligible entities address issues relating to energy and
climate justice.
(2) Public availability.--The Administrator shall make each
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subsection $1,000,000,000 for each of
fiscal years 2023 through 2027 of which, not more than 4 percent for
each fiscal year is authorized to be appropriated for administrative
expenses, including outreach and technical assistance to eligible
entities.
SEC. 119. ENVIRONMENTAL JUSTICE FOR COMMUNITIES OVERBURDENED BY
ENVIRONMENTAL VIOLATIONS.
(a) Identification of Communities.--Not later than 180 days after
the date of enactment of this section, the Administrator shall, in
consultation with the Advisory Council and co-regulators in State and
local agencies, identify at least 100 communities--
(1) that are environmental justice communities; and
(2) in which there have been over the previous 5 years a
number of violations of environmental law that the
Administrator determines to be greater than the national
average of such violations.
(b) Analysis and Recommendations.--Not later than 1 year after the
enactment of this section, with respect to each community identified
under subsection (a), and in consultation with the Advisory Council,
the Administrator shall--
(1) undertake an analysis of the conditions which have led
to the number of violations identified under subsection (a)(1),
including through community-based science implemented through
engagement with the residents of each such community;
(2) identify the root cause of the number of violations
described under subsection (a)(1); and
(3) recommend measures that the Administrator shall take,
in coordination with co-regulators in State and local agencies,
to reduce the number of violations of environmental law to a
number that the Administrator determines to be significantly
below the national average.
(c) Implementation.--Not later than 2 years after the date of
enactment of this section, the Administrator shall complete the
implementation of the measures identified under subsection (b)(3).
Passed the House of Representatives July 29, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.