II 

Calendar No. 162 

115TH CONGRESS 

1ST SESSION S. 1460 

To provide for the modernization of the energy and natural resources policies 

of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2017 

Ms. MURKOWSKI (for herself and Ms. CANTWELL) introduced the following 

bill; which was read the first time 

JUNE 29, 2017 

Read the second time and placed on the calendar 

A BILL 

To provide for the modernization of the energy and natural 

resources policies of the United States, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy and Natural 

5 Resources Act of 2017’’. 


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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into 2 divi4 sions as follows: 

5 (1) DIVISION A.—Energy. 

6 (2) DIVISION B.—Natural Resources. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

DIVISION A—ENERGY 

Sec. 1001. Definitions. 

TITLE I—EFFICIENCY 

Subtitle A—Buildings 

Sec. 1101. Greater energy efficiency in building codes. 

Sec. 1102. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units. 

Sec. 1103. Coordination of energy retrofitting assistance for schools. 

Sec. 1104. Energy efficiency materials pilot program. 

Sec. 1105. Utility energy service contracts. 

Sec. 1106. Use of energy and water efficiency measures in Federal buildings. 

Sec. 1107. Building training and assessment centers. 

Sec. 1108. Career skills training. 

Sec. 1109. Energy-efficient and energy-saving information technologies. 

Sec. 1110. Energy efficient data centers. 

Sec. 1111. Weatherization Assistance Program. 

Sec. 1112. Reauthorization of State energy program. 

Sec. 1113. Smart building acceleration. 

Sec. 1114. Repeal of fossil phase-out. 

Sec. 1115. Federal building energy efficiency performance standards. 

Sec. 1116. Federal building energy intensity improvement. 

Sec. 1117. Certification for green buildings. 

Sec. 1118. High-performance green Federal buildings. 

Sec. 1119. Evaluation of potentially duplicative green building programs. 

Sec. 1120. Study and report on energy savings benefits of operational efficiency 

programs and services. 

Sec. 1121. Use of Federal disaster relief and emergency assistance for energyefficient products and structures. 

Sec. 1122. WaterSense. 

Subtitle B—Appliances 

Sec. 1201. Extended product system rebate program. 


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Sec. 1202. Energy efficient transformer rebate program. 

Sec. 1203. Third-party certification under Energy Star program. 

Sec. 1204. Application of energy conservation standards to certain external 

power supplies. 

Sec. 1205. Clarification to effective date for regional standards. 

Sec. 1206. Modifying product definitions. 

Sec. 1207. Clarifying rulemaking procedures. 

Sec. 1208. Extension of nonapplication of no-load mode energy efficiency standard to certain security or life safety alarm or surveillance systems. 

Subtitle C—Manufacturing 

Sec. 1301. Manufacturing energy efficiency. 

Sec. 1302. Leveraging existing Federal agency programs to assist small and 

medium manufacturers. 

Sec. 1303. Leveraging smart manufacturing infrastructure at National Laboratories. 

Subtitle D—Vehicles 

Sec. 1401. Objectives. 

Sec. 1402. Coordination and nonduplication. 

Sec. 1403. Authorization of appropriations. 

Sec. 1404. Reporting. 

PART I—VEHICLE RESEARCH AND DEVELOPMENT

Sec. 1411. Program. 

Sec. 1412. Manufacturing. 

PART II—MEDIUM- AND HEAVY-DUTY COMMERCIAL AND TRANSIT

VEHICLES

Sec. 1421. Program. 

Sec. 1422. Class 8 truck and trailer systems demonstration. 

Sec. 1423. Technology testing and metrics. 

Sec. 1424. Nonroad systems pilot program. 

PART III—ADMINISTRATION

Sec. 1431. Repeal of existing authorities. 

Sec. 1432. Reauthorization of diesel emissions reduction program. 

Sec. 1433. Gaseous fuel dual fueled automobiles. 

Subtitle E—Housing 

Sec. 1501. Definitions. 

Sec. 1502. Enhanced energy efficiency underwriting criteria. 

Sec. 1503. Enhanced energy efficiency underwriting valuation guidelines. 

Sec. 1504. Monitoring. 

Sec. 1505. Rulemaking. 

Sec. 1506. Additional study. 

TITLE II—INFRASTRUCTURE 

Subtitle A—Cybersecurity 


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Sec. 2001. Sanctions for disclosure of critical electric infrastructure information. 

Sec. 2002. Enhanced grid security. 

Subtitle B—Strategic Petroleum Reserve 

Sec. 2101. Strategic petroleum reserve drawdown and sale. 

Subtitle C—Trade 

Sec. 2201. Action on applications to export liquefied natural gas. 

Sec. 2202. Public disclosure of liquefied natural gas export destinations. 

Subtitle D—Electricity 

Sec. 2301. Grid storage program. 

Sec. 2302. Electric grid architecture, scenario development, and modeling. 

Sec. 2303. Hybrid micro-grid systems for isolated and resilient communities. 

Sec. 2304. Voluntary model pathways. 

Sec. 2305. Performance metrics for electricity infrastructure providers. 

Sec. 2306. Voluntary State, regional, and local electricity distribution planning. 

Sec. 2307. Authorization of appropriations. 

Sec. 2308. Power marketing administration agreements. 

Sec. 2309. Report by transmission organizations on distributed energy resources and interconnected micro-grid systems. 

Sec. 2310. Vegetation management, facility inspection, and operation and maintenance on Federal land containing electric transmission and 

distribution facilities. 

Sec. 2311. Study of combined heat and power systems and waste heat to power 

systems. 

Sec. 2312. Bulk-power system reliability impact statement. 

Sec. 2313. Report by transmission organizations on diversity of supply. 

Sec. 2314. Technology demonstration on the distribution system. 

TITLE III—SUPPLY 

Subtitle A—Renewables 

PART I—HYDROELECTRIC

Sec. 3001. Federal Power Act amendments. 

Sec. 3002. Evaluation of expedited licensing for qualified project upgrades. 

Sec. 3003. Regulations to establish a 2-year process for certain nonpowered 

dams and closed-loop pumped storage projects. 

Sec. 3004. Regionwide pilot program. 

Sec. 3005. Pumped storage hydropower. 

Sec. 3006. Annual reports. 

Sec. 3007. Synchronization of hydroelectric licensing processes of the Bureau of 

Reclamation and the Federal Energy Regulatory Commission. 

Sec. 3008. Federal Energy Regulatory Commission projects. 

Sec. 3009. Study of surrender or transfer of licenses for nonpowered sites. 

Sec. 3010. Hydroelectric production incentives and efficiency improvements. 

PART II—GEOTHERMAL

Sec. 3011. Geothermal energy. 

Sec. 3012. Geothermal exploration test projects. 


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PART III—MARINE HYDROKINETIC

Sec. 3021. Definition of marine and hydrokinetic renewable energy. 

Sec. 3022. Marine and hydrokinetic renewable energy research and development. 

Sec. 3023. National Marine Renewable Energy Research, Development, and 

Demonstration Centers. 

Sec. 3024. Authorization of appropriations. 

PART IV—THERMAL ENERGY

Sec. 3031. Modifying the definition of renewable energy to include thermal energy. 

Subtitle B—Oil and Gas 

Sec. 3101. Methane hydrate research and development. 

Sec. 3102. Liquefied natural gas study. 

Sec. 3103. FERC process coordination. 

Sec. 3104. Department of the Interior pilot program. 

Sec. 3105. GAO review and report. 

Sec. 3106. Ethane storage study. 

Sec. 3107. Report on incorporating Internet-based lease sales. 

Subtitle C—Helium 

Sec. 3201. Rights to helium. 

Subtitle D—Critical Minerals 

Sec. 3301. Definitions. 

Sec. 3302. Policy. 

Sec. 3303. Critical mineral designations. 

Sec. 3304. Resource assessment. 

Sec. 3305. Permitting. 

Sec. 3306. Federal Register process. 

Sec. 3307. Recycling, efficiency, and alternatives. 

Sec. 3308. Analysis and forecasting. 

Sec. 3309. Education and workforce. 

Sec. 3310. National geological and geophysical data preservation program. 

Sec. 3311. Administration. 

Sec. 3312. Authorization of appropriations. 

Subtitle E—Fossil Energy 

Sec. 3401. Fossil energy. 

Sec. 3402. Establishment of coal technology program. 

Sec. 3403. Report on carbon dioxide capture contracting authority. 

Subtitle F—Nuclear 

Sec. 3501. Nuclear energy innovation capabilities. 

Sec. 3502. Next generation nuclear plant project. 

Subtitle G—Workforce Development 

Sec. 3601. 21st Century Energy Workforce Advisory Board. 

Sec. 3602. Energy workforce pilot grant program. 


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Subtitle H—Recycling 

Sec. 3701. Recycled carbon fiber. 

Sec. 3702. Energy generation and regulatory relief study regarding recovery 

and conversion of nonrecycled mixed plastics. 

Sec. 3703. Eligible projects. 

TITLE IV—ACCOUNTABILITY 

Subtitle A—Loan Programs 

Sec. 4001. Terms and conditions for incentives for innovative technologies. 

Sec. 4002. State loan eligibility. 

Sec. 4003. Fees for loans. 

Sec. 4004. Department of Energy Indian energy education planning and management assistance program. 

Subtitle B—Energy-Water Nexus 

Sec. 4101. Nexus of energy and water for sustainability. 

Sec. 4102. Smart energy and water efficiency pilot program. 

Subtitle C—Innovation and Office of Science 

PART I—INNOVATION

Sec. 4201. Inclusion of early stage technology demonstration in authorized 

technology transfer activities. 

Sec. 4202. Sense of Congress on accelerating energy innovation. 

Sec. 4203. Restoration of laboratory directed research and development program. 

Sec. 4204. Research grants database. 

Sec. 4205. Technology transfer and transitions assessment. 

Sec. 4206. Agreements for commercializing technology pilot program. 

Sec. 4207. Short-term cost-share pilot program. 

Sec. 4208. Quadrennial energy review. 

Sec. 4209. Crosscutting research and development. 

Sec. 4210. Strategic research portfolio analysis and coordination plan. 

Sec. 4211. Strategy for facilities and infrastructure. 

Sec. 4212. Energy Innovation Hubs. 

Sec. 4213. Advanced Research Projects Agency–Energy. 

PART II—OFFICE OF SCIENCE

Sec. 4221. Mission of the Office of Science. 

Sec. 4222. Basic energy sciences. 

Sec. 4223. Advanced scientific computing research. 

Sec. 4224. High-energy physics. 

Sec. 4225. Biological and environmental research. 

Sec. 4226. Fusion energy. 

Sec. 4227. Nuclear physics. 

Sec. 4228. Science laboratories infrastructure program. 

Sec. 4229. Basic research. 

Subtitle D—Management 

Sec. 4301. Bureau of Land Management cooperation with States on rules and 

processes. 


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Sec. 4302. Under Secretary for Science and Energy. 

Sec. 4303. Energy emergency response efforts of the Department. 

Sec. 4304. Program to reduce the potential impacts of solar energy facilities on 

certain species. 

Subtitle E—Markets 

Sec. 4401. Enhanced information on critical energy supplies. 

Sec. 4402. Working Group on Energy Markets. 

Sec. 4403. Study of regulatory framework for energy markets. 

Subtitle F—Affordability 

Sec. 4501. E-prize competition pilot program. 

Sec. 4502. Carbon dioxide capture technology prize. 

Subtitle G—Code Maintenance 

Sec. 4601. Repeal of off-highway motor vehicles study. 

Sec. 4602. Repeal of methanol study. 

Sec. 4603. Repeal of authorization of appropriations provision. 

Sec. 4604. Repeal of residential energy efficiency standards study. 

Sec. 4605. Repeal of weatherization study. 

Sec. 4606. Repeal of report to Congress. 

Sec. 4607. Repeal of report by General Services Administration. 

Sec. 4608. Repeal of intergovernmental energy management planning and coordination workshops. 

Sec. 4609. Repeal of Inspector General audit survey and President’s Council on 

Integrity and Efficiency report to Congress. 

Sec. 4610. Repeal of procurement and identification of energy efficient products program. 

Sec. 4611. Repeal of national action plan for demand response. 

Sec. 4612. Repeal of national coal policy study. 

Sec. 4613. Repeal of study on compliance problem of small electric utility systems. 

Sec. 4614. Repeal of study of socioeconomic impacts of increased coal production and other energy development. 

Sec. 4615. Repeal of study of the use of petroleum and natural gas in combustors. 

Sec. 4616. Repeal of submission of reports. 

Sec. 4617. Repeal of electric utility conservation plan. 

Sec. 4618. Emergency Energy Conservation repeals. 

Sec. 4619. Energy Security Act repeals. 

Sec. 4620. Nuclear Safety Research, Development, and Demonstration Act of 

1980 repeals. 

Sec. 4621. Elimination and consolidation of certain America COMPETES programs. 

Sec. 4622. Repeal of state utility regulatory assistance. 

Sec. 4623. Repeal of survey of energy saving potential. 

Sec. 4624. Repeal of photovoltaic energy program. 

Sec. 4625. Repeal of energy auditor training and certification. 

Sec. 4626. Repeal of authorization of appropriations. 

Sec. 4627. Repeal of Renewable Energy and Energy Efficiency Technology 

Competitiveness Act of 1989. 

Sec. 4628. Repeal of hydrogen research, development, and demonstration program. 


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Sec. 4629. Repeal of study on alternative fuel use in nonroad vehicles and engines. 

Sec. 4630. Repeal of low interest loan program for small business fleet purchases. 

Sec. 4631. Repeal of technical and policy analysis for replacement fuel demand 

and supply information. 

Sec. 4632. Repeal of 1992 Report on Climate Change. 

Sec. 4633. Repeal of Director of Climate Protector establishment. 

Sec. 4634. Repeal of 1994 report on global climate change emissions. 

Sec. 4635. Repeal of telecommuting study. 

Sec. 4636. Repeal of advanced buildings for 2005 program. 

Sec. 4637. Repeal of Energy Research, Development, Demonstration, and Commercial Application Advisory Board. 

Sec. 4638. Repeal of study on use of energy futures for fuel purchase. 

Sec. 4639. Repeal of energy subsidy study. 

Sec. 4640. Repeal of prior limitation on compensation of the Secretary of the 

Interior. 

DIVISION B—NATURAL RESOURCES 

Sec. 5001. Definitions. 

TITLE V—CONSERVATION AUTHORIZATIONS 

Sec. 5101. National Park Service Maintenance and Revitalization Conservation 

Fund. 

Sec. 5102. Land and Water Conservation Fund. 

Sec. 5103. Historic Preservation Fund. 

Sec. 5104. Conservation incentives landowner education program. 

TITLE VI—LAND CONVEYANCES AND RELATED MATTERS 

Subtitle A—Land Conveyances 

Sec. 6001. Arapaho National Forest boundary adjustment. 

Sec. 6002. Land conveyance, Elkhorn Ranch and White River National Forest, 

Colorado. 

Sec. 6003. Crags, Colorado land exchange. 

Sec. 6004. Clarification relating to a certain land description under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005. 

Sec. 6005. Cooper Spur land exchange clarification amendments. 

Sec. 6006. Black Hills National Cemetery boundary modification. 

Sec. 6007. Cow Creek Umpqua land conveyance. 

Sec. 6008. Oregon coastal land. 

Sec. 6009. Amendments to Coquille Restoration Act. 

Sec. 6010. Conveyance of Federal land within the Swan Lake hydroelectric 

project boundary. 

Sec. 6011. Pascua Yaqui Tribe land conveyance. 

Subtitle B—Land Management 

Sec. 6101. Cadastre of Federal real property. 

Sec. 6102. Additional authority for sale or exchange of small parcels of National Forest System land. 

Sec. 6103. Bolts ditch access. 

Sec. 6104. Designation of Alex Diekmann Peak, Montana. 


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Sec. 6105. Methow Valley, Washington, Federal land withdrawal. 

Sec. 6106. Frank and Jeanne Moore Wild Steelhead Special Management Area, 

Oregon. 

Sec. 6107. Expedited access to certain Federal land. 

Sec. 6108. Maintenance or replacement of facilities and structures at Smith 

Gulch. 

Sec. 6109. Cerro del Yuta and Rı ́o San Antonio Wilderness Areas. 

Sec. 6110. Additions to Cherokee National Forest Wilderness Areas. 

TITLE VII—NATIONAL PARK SYSTEM MANAGEMENT, STUDIES, 

AND RELATED MATTERS 

Subtitle A—Special Resource Studies 

Sec. 7001. Special resource study of James K. Polk presidential home. 

Sec. 7002. Special resource study of Fort Ontario. 

Subtitle B—National Park Service Management and Related Matters 

Sec. 7101. Ocmulgee Mounds National Historical Park boundary revision. 

Sec. 7102. John Muir National Historic Site land acquisition. 

Sec. 7103. Amendment to Coltsville National Historical Park donation site. 

Sec. 7104. Kennesaw Mountain National Battlefield Park boundary adjustment; land acquisition; administration. 

Sec. 7105. Designation of existing wilderness area in Lake Clark National Park 

as the Jay S. Hammond Wilderness. 

Sec. 7106. Sky Point mountain designation. 

Sec. 7107. Eligibility of Hispanic-serving institutions and Asian American and 

Native American Pacific Islander-serving institutions for assistance for preservation education and training programs. 

Sec. 7108. Martin Luther King, Jr. National Historical Park. 

Sec. 7109. Vehicular access and fees at Delaware Water Gap National Recreation Area. 

Sec. 7110. Denali National Park and Preserve natural gas pipeline. 

Sec. 7111. Wild horses in and around the Currituck National Wildlife Refuge. 

Sec. 7112. Lower Farmington and Salmon Brook recreational rivers. 

Sec. 7113. East Rosebud Wild and Scenic Rivers designation. 

Sec. 7114. Arlington Ridge Visitor Services Facility. 

Sec. 7115. Rockingham County, Virginia, removal of use restriction. 

Sec. 7116. Interagency transfer of land along George Washington Memorial 

Parkway. 

Sec. 7117. Shiloh National Military Park boundary modification. 

Sec. 7118. Historically Black Colleges and Universities Historic Preservation 

Program reauthorized. 

Sec. 7119. Fort Frederica National Monument boundary adjustment. 

Sec. 7120. Redesignation of Robert Emmet Park. 

Sec. 7121. Designation of the National Memorial to Fallen Educators. 

Sec. 7122. African American Civil Rights Network. 

Sec. 7123. 400 Years of African-American History Commission. 

Sec. 7124. Modification of Voyageurs National Park boundary. 

Sec. 7125. North Country National Scenic Trail route adjustment. 

Sec. 7126. National emergency medical services commemorative work. 

Sec. 7127. National heritage area designations. 

Sec. 7128. Adjustment of boundaries of Lincoln National Heritage Area. 

Sec. 7129. Finger lakes national heritage area study. 

Sec. 7130. Modification of the Second Division Memorial. 


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Sec. 7131. Florissant Fossil Beds National Monument boundary adjustment. 

Sec. 7132. Fort Scott National Historic Site boundary modification. 

Sec. 7133. Gulf Islands National Seashore land exchange. 

Sec. 7134. Ste. Genevieve National Historical Park. 

Sec. 7135. Bows in parks. 

Sec. 7136. Wildlife management in parks. 

TITLE VIII—SPORTSMEN’S ACCESS AND RELATED MATTERS 

Subtitle A—National Policy 

Sec. 8001. Congressional declaration of national policy. 

Subtitle B—Sportsmen’s Access to Federal Land 

Sec. 8101. Definitions. 

Sec. 8102. Federal land open to hunting, fishing, and recreational shooting. 

Sec. 8103. Closure of Federal land to hunting, fishing, and recreational shooting. 

Sec. 8104. Shooting ranges. 

Sec. 8105. Federal action transparency. 

Sec. 8106. Identifying opportunities for recreation, hunting, and fishing on 

Federal land. 

Sec. 8107. Firearms at water resource development projects. 

Subtitle C—Federal Land Transaction Facilitation Act 

Sec. 8201. Amendments to the Federal Land Transaction Facilitation Act. 

Subtitle D—Filming on Federal Land Management Agency Land 

Sec. 8301. Commercial filming. 

Subtitle E—Wildlife and Habitat Conservation 

Sec. 8401. Amendments to Pittman-Robertson Wildlife Restoration Act. 

Sec. 8402. Wildlife and Hunting Heritage Conservation Council Advisory Committee. 

Sec. 8403. North American Wetlands Conservation Act. 

Sec. 8404. Fishing tackle. 

Subtitle F—Miscellaneous 

Sec. 8501. Respect for treaties and rights. 

Sec. 8502. No priority. 

Sec. 8503. State authority for fish and wildlife. 

TITLE IX—WATER INFRASTRUCTURE AND RELATED MATTERS 

Subtitle A—Fontenelle Reservoir 

Sec. 9001. Authority to make entire active capacity of Fontenelle Reservoir 

available for use. 

Sec. 9002. Savings provisions. 

Subtitle B—Bureau of Reclamation Transparency 

Sec. 9101. Definitions. 

Sec. 9102. Asset management report enhancements for reserved works. 


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Sec. 9103. Asset management report enhancements for transferred works. 

Sec. 9104. Offset. 

Subtitle C—Yakima River Basin Water Enhancement 

Sec. 9201. Short title. 

Sec. 9202. Modification of terms, purposes, and definitions. 

Sec. 9203. Yakima River Basin Water Conservation Program. 

Sec. 9204. Yakima Basin water projects, operations, and authorizations. 

Sec. 9205. Authorization of Phase III of Yakima River Basin Water Enhancement Project. 

Subtitle D—Klamath Project Water and Power 

Sec. 9301. Klamath Project. 

Subtitle E—Equus Beds Division Extension 

Sec. 9401. Equus Beds Division extension. 

TITLE X—NATURAL HAZARDS 

Subtitle A—National Volcano Early Warning and Monitoring System 

Sec. 10001. Definitions. 

Sec. 10002. National volcano early warning and monitoring system. 

Sec. 10003. Funding. 

Subtitle B—National Landslide Hazards Reduction Program 

Sec. 10101. Definitions. 

Sec. 10102. National landslide hazards reduction program. 

Sec. 10103. Ground subsidence. 

Sec. 10104. 3D Elevation Program. 

TITLE XI—INDIAN ENERGY 

Subtitle A—Indian Tribal Energy Development and Self-Determination Act 

Amendments 

Sec. 11001. Indian tribal energy resource development. 

Sec. 11002. Indian tribal energy resource regulation. 

Sec. 11003. Tribal energy resource agreements. 

Sec. 11004. Technical assistance for Indian tribal governments. 

Sec. 11005. Conforming amendments. 

Sec. 11006. Report. 

Subtitle B—Miscellaneous Amendments 

Sec. 11101. Issuance of preliminary permits or licenses. 

Sec. 11102. Tribal biomass demonstration project. 

Sec. 11103. Weatherization program. 

Sec. 11104. Appraisals. 

Sec. 11105. Leases of restricted lands for Navajo Nation. 

Sec. 11106. Extension of tribal lease period for the Crow Tribe of Montana. 

Sec. 11107. Trust status of lease payments. 


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1 DIVISION A—ENERGY 

2 SEC. 1001. DEFINITIONS. 

3 In this division: 

4 (1) DEPARTMENT.—The term ‘‘Department’’ 

5 means the Department of Energy. 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Energy. 

8 TITLE I—EFFICIENCY 

9 Subtitle A—Buildings 

10 SEC. 1101. GREATER ENERGY EFFICIENCY IN BUILDING 

11 CODES. 

12 (a) DEFINITIONS.—Section 303 of the Energy Con13 servation and Production Act (42 U.S.C. 6832) is amend14 ed— 

15 (1) in paragraph (14), by inserting ‘‘, or its 

16 legal successor, International Code Council, Inc.’’ 

17 after ‘‘the Council of American Building Officials’’; 

18 and 

19 (2) by adding at the end the following: 

20 ‘‘(17) IECC.—The term ‘IECC’ means the 

21 International Energy Conservation Code. 

22 ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ 

23 has the meaning given the term in section 4 of the 

24 Native American Housing Assistance and Self-De25 termination Act of 1996 (25 U.S.C. 4103).’’. 


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1 (b) STATE BUILDING ENERGY EFFICIENCY

2 CODES.—Section 304 of the Energy Conservation and 

3 Production Act (42 U.S.C. 6833) is amended to read as 

4 follows: 

5 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI6 CIENCY CODES. 

7 ‘‘(a) VOLUNTARY BUILDING ENERGY CODE.—Noth8 ing in this section or section 307 makes a voluntary build9 ing energy code established under this section or an up10 dated voluntary building energy code under section 307 

11 binding on a State, local government, or Indian tribe as 

12 a matter of Federal law. 

13 ‘‘(b) IN GENERAL.—The Secretary shall— 

14 ‘‘(1) encourage and support the adoption of 

15 building energy codes by States, Indian tribes, and, 

16 as appropriate, by local governments that meet or 

17 exceed the voluntary building energy codes, or 

18 achieve equivalent or greater energy savings; and 

19 ‘‘(2) support full compliance with the State and 

20 local codes. 

21 ‘‘(c) STATE AND INDIAN TRIBE CERTIFICATION OF

22 BUILDING ENERGY CODE UPDATES.— 

23 ‘‘(1) REVIEW AND UPDATING OF CODES BY

24 EACH STATE AND INDIAN TRIBE.— 


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1 ‘‘(A) IN GENERAL.—Not later than 2 years 

2 after the date on which a voluntary building en3 ergy code is updated, each State or Indian tribe 

4 shall certify whether or not the State or Indian 

5 tribe, respectively, has reviewed and updated 

6 the energy provisions of the building code of the 

7 State or Indian tribe, respectively. 

8 ‘‘(B) DEMONSTRATION.—The certification 

9 shall include a demonstration of whether or not 

10 the energy savings for the code provisions that 

11 are in effect throughout the State or Indian 

12 tribal territory meet or exceed— 

13 ‘‘(i) the energy savings of the updated 

14 voluntary building energy code; or 

15 ‘‘(ii) the consensus-based targets es16 tablished under section 307(b)(2). 

17 ‘‘(C) NO MODEL BUILDING ENERGY CODE

18 UPDATE.—If a model building energy code is 

19 not updated by a target date established under 

20 section 307(b)(2)(D), each State or Indian tribe 

21 shall, not later than 2 years after the specified 

22 date, certify whether or not the State or Indian 

23 tribe, respectively, has reviewed and updated 

24 the energy provisions of the building code of the 


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1 State or Indian tribe, respectively, to meet or 

2 exceed the target in section 307(b)(2). 

3 ‘‘(2) VALIDATION BY SECRETARY.—Not later 

4 than 90 days after a State or Indian tribe certifi5 cation under paragraph (1), the Secretary shall— 

6 ‘‘(A) determine whether the code provi7 sions of the State or Indian tribe, respectively, 

8 meet the criteria specified in paragraph (1); 

9 and 

10 ‘‘(B) if the determination is positive, vali11 date the certification. 

12 ‘‘(d) IMPROVEMENTS IN COMPLIANCE WITH BUILD13 ING ENERGY CODES.— 

14 ‘‘(1) REQUIREMENT.—Not later than 3 years 

15 after the date of a certification under subsection (c), 

16 each State and Indian tribe shall certify whether or 

17 not the State and Indian tribe, respectively, has— 

18 ‘‘(A) achieved full compliance under para19 graph (3) with the applicable certified State 

20 and Indian tribe building energy code or with 

21 the associated voluntary building energy code; 

22 or 

23 ‘‘(B) made significant progress under 

24 paragraph (4) toward achieving compliance with 

25 the applicable certified State and Indian tribe 


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1 building energy code or with the associated vol2 untary building energy code. 

3 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer4 tification under paragraph (1) shall include docu5 mentation of the rate of compliance based on— 

6 ‘‘(A) independent inspections of a random 

7 sample of the buildings covered by the code in 

8 the preceding year; or 

9 ‘‘(B) an alternative method that yields an 

10 accurate measure of compliance. 

11 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 

12 or Indian tribe shall be considered to achieve full 

13 compliance under paragraph (1) if— 

14 ‘‘(A) at least 90 percent of building space 

15 covered by the code in the preceding year sub16 stantially meets all the requirements of the ap17 plicable code specified in paragraph (1), or 

18 achieves equivalent or greater energy savings 

19 level; or 

20 ‘‘(B) the estimated excess energy use of 

21 buildings that did not meet the applicable code 

22 specified in paragraph (1) in the preceding 

23 year, compared to a baseline of comparable 

24 buildings that meet this code, is not more than 

25 5 percent of the estimated energy use of all 


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1 buildings covered by this code during the pre2 ceding year. 

3 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

4 ACHIEVEMENT OF COMPLIANCE.—A State or Indian 

5 tribe shall be considered to have made significant 

6 progress toward achieving compliance for purposes 

7 of paragraph (1) if the State or Indian tribe— 

8 ‘‘(A) has developed and is implementing a 

9 plan for achieving compliance during the 8- 

10 year-period beginning on the date of enactment 

11 of this paragraph, including annual targets for 

12 compliance and active training and enforcement 

13 programs; and 

14 ‘‘(B) has met the most recent target under 

15 subparagraph (A). 

16 ‘‘(5) VALIDATION BY SECRETARY.—Not later 

17 than 90 days after a State or Indian tribe certifi18 cation under paragraph (1), the Secretary shall— 

19 ‘‘(A) determine whether the State or In20 dian tribe has demonstrated meeting the cri21 teria of this subsection, including accurate 

22 measurement of compliance; and 

23 ‘‘(B) if the determination is positive, vali24 date the certification. 


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1 ‘‘(e) STATES OR INDIAN TRIBES THAT DO NOT

2 ACHIEVE COMPLIANCE.— 

3 ‘‘(1) REPORTING.—A State or Indian tribe that 

4 has not made a certification required under sub5 section (c) or (d) by the applicable deadline shall 

6 submit to the Secretary a report on the status of the 

7 State or Indian tribe with respect to meeting the re8 quirements and submitting the certification. 

9 ‘‘(2) FEDERAL SUPPORT.—For any State or In10 dian tribe for which the Secretary has not validated 

11 a certification by a deadline under subsection (c) or 

12 (d), the lack of the certification may be a consider13 ation for Federal support authorized under this sec14 tion for technical assistance. 

15 ‘‘(3) LOCAL GOVERNMENT.—In any State or 

16 Indian tribe for which the Secretary has not vali17 dated a certification under subsection (c) or (d), a 

18 local government may be eligible for Federal support 

19 by meeting the certification requirements of sub20 sections (c) and (d). 

21 ‘‘(4) ANNUAL REPORTS BY SECRETARY.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 annually submit to Congress, and publish in the 

24 Federal Register, a report on— 


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1 ‘‘(i) the status of voluntary building 

2 energy codes; 

3 ‘‘(ii) the status of code adoption and 

4 compliance in the States and Indian tribes; 

5 ‘‘(iii) the implementation of this sec6 tion; and 

7 ‘‘(iv) improvements in energy savings 

8 over time as a result of the targets estab9 lished under section 307(b)(2). 

10 ‘‘(B) IMPACTS.—The report shall include 

11 estimates of impacts of past action under this 

12 section, and potential impacts of further action, 

13 on— 

14 ‘‘(i) upfront financial and construction 

15 costs, cost benefits and returns (using in16 vestment analysis), and lifetime energy use 

17 for buildings; 

18 ‘‘(ii) resulting energy costs to individ19 uals and businesses; and 

20 ‘‘(iii) resulting overall annual building 

21 ownership and operating costs. 

22 ‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN23 DIAN TRIBES.—The Secretary shall provide technical as24 sistance to States and Indian tribes to implement this secVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 tion, including procedures and technical analysis for 

2 States and Indian tribes— 

3 ‘‘(1) to improve and implement State residential 

4 and commercial building energy codes; 

5 ‘‘(2) to demonstrate that the code provisions of 

6 the States and Indian tribes achieve equivalent or 

7 greater energy savings than the voluntary building 

8 energy codes and targets; 

9 ‘‘(3) to document the rate of compliance with a 

10 building energy code; and 

11 ‘‘(4) to otherwise promote the design and con12 struction of energy efficient buildings. 

13 ‘‘(g) AVAILABILITY OF INCENTIVE FUNDING.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall provide 

15 incentive funding to States and Indian tribes— 

16 ‘‘(A) to implement this section; 

17 ‘‘(B) to improve and implement residential 

18 and commercial building energy codes, including 

19 increasing and verifying compliance with the 

20 codes and training of State, local, and tribal 

21 building code officials, or other entities identi22 fied by the Secretary; and 

23 ‘‘(C) to promote building energy efficiency 

24 through the use of the codes. 


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1 ‘‘(2) ADDITIONAL FUNDING.—Additional fund2 ing may be provided under this subsection for imple3 mentation of a plan to achieve and document full 

4 compliance with residential and commercial building 

5 energy codes under subsection (d)— 

6 ‘‘(A) to a State or Indian tribe for which 

7 the Secretary has validated a certification under 

8 subsection (c) or (d); and 

9 ‘‘(B) in a State or Indian tribe that is not 

10 eligible under subparagraph (A), to a local gov11 ernment that is eligible under this section. 

12 ‘‘(3) TRAINING.—Of the amounts made avail13 able under this subsection, the State or Indian tribe 

14 may use amounts required, but not to exceed 

15 $750,000 for a State or tribe, to train State, tribal, 

16 and local building code officials, or other entities 

17 identified by the Secretary. 

18 ‘‘(4) LOCAL GOVERNMENTS.—States may share 

19 grants under this subsection with local governments. 

20 ‘‘(h) STUDIES.—The Secretary, in consultation with 

21 building science experts from the National Laboratories 

22 and institutions of higher education, designers and build23 ers of energy-efficient residential and commercial build24 ings, code officials, and other stakeholders, shall underVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 take a study of the feasibility, impact, economics, and 

2 merit of— 

3 ‘‘(1) code improvements that would require that 

4 buildings be designed, sited, and constructed in a 

5 manner that makes the buildings more adaptable in 

6 the future to become zero-net-energy after initial 

7 construction, as advances are achieved in energy-sav8 ing technologies; 

9 ‘‘(2) code procedures that adopt energy effi10 ciency measures that are technologically feasible and 

11 economically justified; and 

12 ‘‘(3) legislative options for increasing energy 

13 savings from building energy codes, including addi14 tional incentives for effective State and local action, 

15 and verification of compliance with and enforcement 

16 of a code other than by a State or local government. 

17 ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec18 tion or section 307 supersedes or modifies the application 

19 of sections 321 through 346 of the Energy Policy and 

20 Conservation Act (42 U.S.C. 6291 et seq.). 

21 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to carry out this section 

23 and section 307 $200,000,000, to remain available until 

24 expended.’’. 


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1 (c) VOLUNTARY BUILDING ENERGY CODES.—Sec2 tion 307 of the Energy Conservation and Production Act 

3 (42 U.S.C. 6836) is amended to read as follows: 

4 ‘‘SEC. 307. SUPPORT FOR VOLUNTARY BUILDING ENERGY 

5 CODES. 

6 ‘‘(a) IN GENERAL.—The Secretary shall support the 

7 updating of voluntary building energy codes. 

8 ‘‘(b) TARGETS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall sup10 port the updating of the voluntary building energy 

11 codes to enable the achievement of consensus-based, 

12 aggregate energy savings targets established under 

13 paragraph (2). 

14 ‘‘(2) TARGETS.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 work with States, local governments, and In17 dian tribes, nationally recognized code and 

18 standards developers, and other interested par19 ties to support the updating of voluntary build20 ing energy codes by establishing one or more 

21 consensus-based, aggregate energy savings tar22 gets to achieve the purposes of this section. 

23 ‘‘(B) SEPARATE TARGETS.—The Secretary 

24 may establish separate consensus-based targets 

25 for commercial and residential buildings. 


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1 ‘‘(C) BASELINES.—The baseline for updat2 ing voluntary building energy codes shall be the 

3 2009 IECC for residential buildings and 

4 ASHRAE Standard 90.1–2010 for commercial 

5 buildings. 

6 ‘‘(D) SPECIFIC YEARS.— 

7 ‘‘(i) IN GENERAL.—Consensus-based 

8 targets for specific years shall be estab9 lished and revised by the Secretary 

10 through rulemaking and coordinated with 

11 nationally recognized code and standards 

12 developers at a level that— 

13 ‘‘(I) is at the maximum level of 

14 energy efficiency that is techno15 logically feasible and economically jus16 tified; 

17 ‘‘(II) is higher than the preceding 

18 target; and 

19 ‘‘(III) promotes the achievement 

20 of commercial and residential high21 performance buildings through high22 performance energy efficiency (within 

23 the meaning of section 401 of the En24 ergy Independence and Security Act 

25 of 2007 (42 U.S.C. 17061)). 


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1 ‘‘(ii) INITIAL TARGETS.—Not later 

2 than 1 year after the date of enactment of 

3 this clause, the Secretary shall establish 

4 initial consensus-based targets under this 

5 subparagraph. 

6 ‘‘(iii) DIFFERENT TARGET YEARS.— 

7 Subject to clause (i), prior to the applica8 ble year, the Secretary may set a later tar9 get year for any of the voluntary building 

10 energy codes described in subparagraph 

11 (A) if the Secretary determines that a con12 sensus-based target cannot be met. 

13 ‘‘(iv) SMALL BUSINESS.—When estab14 lishing consensus-based targets under this 

15 paragraph through rulemaking, the Sec16 retary shall ensure compliance with the 

17 Small Business Regulatory Enforcement 

18 Fairness Act of 1996 (5 U.S.C. 601 note; 

19 Public Law 104–121). 

20 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC21 TORS AFFECTING BUILDING ENERGY USE.—In es22 tablishing consensus-based building code targets 

23 under paragraph (2), the Secretary shall develop and 

24 adjust the targets in recognition of potential savings 

25 and costs relating to— 


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1 ‘‘(A) efficiency gains made in appliances, 

2 lighting, windows, insulation, and building enve3 lope sealing; 

4 ‘‘(B) advancement of distributed genera5 tion and on-site renewable power generation 

6 technologies; 

7 ‘‘(C) equipment improvements for heating, 

8 cooling, and ventilation systems; 

9 ‘‘(D) building management systems and 

10 SmartGrid technologies to reduce energy use; 

11 and 

12 ‘‘(E) other technologies, practices, and 

13 building systems that the Secretary considers 

14 appropriate regarding building plug load and 

15 other energy uses. 

16 ‘‘(c) TECHNICAL ASSISTANCE TO VOLUNTARY

17 BUILDING ENERGY CODE-SETTING AND STANDARD DE18 VELOPMENT ORGANIZATIONS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall, on a 

20 timely basis, provide technical assistance to vol21 untary building energy code-setting and standard de22 velopment organizations consistent with the goals of 

23 this section. 


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1 ‘‘(2) ASSISTANCE.—The assistance shall in2 clude, as requested by the organizations, technical 

3 assistance in— 

4 ‘‘(A) evaluating code or standards pro5 posals or revisions; 

6 ‘‘(B) building energy analysis and design 

7 tools; 

8 ‘‘(C) building demonstrations; 

9 ‘‘(D) developing definitions of energy use 

10 intensity and building types for use in voluntary 

11 building energy codes to evaluate the efficiency 

12 impacts of the voluntary building energy codes; 

13 ‘‘(E) performance-based standards; 

14 ‘‘(F) evaluating economic considerations; 

15 and 

16 ‘‘(G) developing voluntary building energy 

17 codes by Indian tribes in accordance with tribal 

18 law. 

19 ‘‘(3) AMENDMENT PROPOSALS.—The Secretary 

20 may submit timely voluntary building energy code 

21 amendment proposals to the voluntary building en22 ergy code-setting and standard development organi23 zations, with supporting evidence, sufficient to en24 able the voluntary building energy codes to meet the 


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1 consensus-based targets established under subsection 

2 (b)(2). 

3 ‘‘(4) ANALYSIS METHODOLOGY.—The Secretary 

4 shall make publicly available the entire calculation 

5 methodology (including input assumptions and data) 

6 used by the Secretary to estimate the energy savings 

7 of code or standard proposals and revisions. 

8 ‘‘(d) DETERMINATION.— 

9 ‘‘(1) REVISION OF VOLUNTARY BUILDING EN10 ERGY CODES.—If the provisions of the IECC or 

11 ASHRAE Standard 90.1 regarding building energy 

12 use are revised, the Secretary shall make a prelimi13 nary determination not later than 90 days after the 

14 date of the revision, and a final determination not 

15 later than 15 months after the date of the revision, 

16 on whether or not the revision will— 

17 ‘‘(A) improve energy efficiency in buildings 

18 compared to the existing voluntary building en19 ergy code; and 

20 ‘‘(B) meet the applicable consensus-based 

21 targets under subsection (b)(2). 

22 ‘‘(2) CODES OR STANDARDS NOT MEETING CON23 SENSUS-BASED TARGETS.— 

24 ‘‘(A) IN GENERAL.—If the Secretary 

25 makes a determination under paragraph (1)(B) 


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1 that a code or standard does not meet the con2 sensus-based targets established under sub3 section (b)(2), the Secretary may at the same 

4 time provide the voluntary building energy code 

5 or standard developer with proposed changes 

6 that would result in a voluntary building energy 

7 code that meets the consensus-based targets 

8 and with supporting evidence, taking into con9 sideration— 

10 ‘‘(i) whether the modified code is tech11 nologically feasible and economically justi12 fied; 

13 ‘‘(ii) available appliances, technologies, 

14 materials, and construction practices; and 

15 ‘‘(iii) economic considerations. 

16 ‘‘(B) INCORPORATION OF CHANGES.—On 

17 receipt of the proposed changes, the voluntary 

18 building energy code or standard developer shall 

19 have an additional 270 days to accept or reject 

20 the proposed changes of the Secretary to the 

21 voluntary building energy code or standard for 

22 the Secretary to make a final determination. 

23 ‘‘(e) ADMINISTRATION.—In carrying out this section, 

24 the Secretary shall— 


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1 ‘‘(1) publish notice of consensus-based targets 

2 and supporting analysis and determinations under 

3 this section in the Federal Register to provide an ex4 planation of and the basis for such actions, including 

5 any supporting modeling, data, assumptions, proto6 cols, and cost-benefit analysis, including return on 

7 investment; and 

8 ‘‘(2) provide an opportunity for public comment 

9 on proposed consensus-based targets and supporting 

10 analysis and determinations under this section. 

11 ‘‘(f) DEFINITION OF ECONOMICALLY JUSTIFIED.— 

12 As used in this section, in determining whether a vol13 untary building energy code established under section 304 

14 or an updated voluntary building energy code under this 

15 section is ‘economically justified,’ the Secretary shall, after 

16 receiving views and comments furnished with respect to 

17 a proposed voluntary building code or an updated vol18 untary building energy code, determine whether the bene19 fits of the building energy code exceed its burdens by, to 

20 the greatest extent practicable, considering— 

21 ‘‘(1) the economic impact of the building energy 

22 code on the manufacturers and on the home or 

23 building owners subject to such code; 

24 ‘‘(2) the savings in operating costs throughout 

25 the estimated average life of the building compared 


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1 to any increase in the price of, or in the initial 

2 charges for, or maintenance expenses of, the covered 

3 buildings which are likely to result from the imposi4 tion of the building energy code; 

5 ‘‘(3) the total projected amount of energy, or as 

6 applicable, water, savings likely to result directly 

7 from the imposition of the building energy code; 

8 ‘‘(4) any reduction or increase of the utility or 

9 the performance of the covered buildings likely to re10 sult from the imposition of the building energy code; 

11 ‘‘(5) the need for national energy and water 

12 conservation; and 

13 ‘‘(6) other facts the Secretary considers rel14 evant.’’. 

15 SEC. 1102. BUDGET-NEUTRAL DEMONSTRATION PROGRAM 

16 FOR ENERGY AND WATER CONSERVATION IM17 PROVEMENTS AT MULTIFAMILY RESIDEN18 TIAL UNITS. 

19 (a) ESTABLISHMENT.—The Secretary of Housing 

20 and Urban Development (referred to in this section as the 

21 ‘‘Secretary’’) shall establish a demonstration program 

22 under which, during the period beginning on the date of 

23 enactment of this Act, and ending on September 30, 2020, 

24 the Secretary may enter into budget-neutral, performance25 based agreements that result in a reduction in energy or 


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1 water costs with such entities as the Secretary determines 

2 to be appropriate under which the entities shall carry out 

3 projects for energy or water conservation improvements at 

4 not more than 20,000 residential units in multifamily 

5 buildings participating in— 

6 (1) the project-based rental assistance program 

7 under section 8 of the United States Housing Act of 

8 1937 (42 U.S.C. 1437f), other than assistance pro9 vided under section 8(o) of that Act; 

10 (2) the supportive housing for the elderly pro11 gram under section 202 of the Housing Act of 1959 

12 (12 U.S.C. 1701q); or 

13 (3) the supportive housing for persons with dis14 abilities program under section 811(d)(2) of the 

15 Cranston-Gonzalez National Affordable Housing Act 

16 (42 U.S.C. 8013(d)(2)). 

17 (b) REQUIREMENTS.— 

18 (1) PAYMENTS CONTINGENT ON SAVINGS.— 

19 (A) IN GENERAL.—The Secretary shall 

20 provide to an entity a payment under an agree21 ment under this section only during applicable 

22 years for which an energy or water cost savings 

23 is achieved with respect to the applicable multi24 family portfolio of properties, as determined by 


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1 the Secretary, in accordance with subparagraph 

2 (B). 

3 (B) PAYMENT METHODOLOGY.— 

4 (i) IN GENERAL.—Each agreement 

5 under this section shall include a pay-for6 success provision— 

7 (I) that will serve as a payment 

8 threshold for the term of the agree9 ment; and 

10 (II) pursuant to which the De11 partment of Housing and Urban De12 velopment shall share a percentage of 

13 the savings at a level determined by 

14 the Secretary that is sufficient to 

15 cover the administrative costs of car16 rying out this section. 

17 (ii) LIMITATIONS.—A payment made 

18 by the Secretary under an agreement 

19 under this section shall— 

20 (I) be contingent on documented 

21 utility savings; and 

22 (II) not exceed the utility savings 

23 achieved by the date of the payment, 

24 and not previously paid, as a result of 


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1 the improvements made under the 

2 agreement. 

3 (C) THIRD PARTY VERIFICATION.—Savings 

4 payments made by the Secretary under this sec5 tion shall be based on a measurement and 

6 verification protocol that includes at least— 

7 (i) establishment of a weather-normal8 ized and occupancy-normalized utility con9 sumption baseline established preretrofit; 

10 (ii) annual third party confirmation of 

11 actual utility consumption and cost for 

12 owner-paid utilities; 

13 (iii) annual third party validation of 

14 the tenant utility allowances in effect dur15 ing the applicable year and vacancy rates 

16 for each unit type; and 

17 (iv) annual third party determination 

18 of savings to the Secretary. 

19 (2) TERM.—The term of an agreement under 

20 this section shall be not longer than 12 years. 

21 (3) ENTITY ELIGIBILITY.—The Secretary 

22 shall— 

23 (A) establish a competitive process for en24 tering into agreements under this section; and 


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1 (B) enter into such agreements only with 

2 entities that demonstrate significant experience 

3 relating to— 

4 (i) financing and operating properties 

5 receiving assistance under a program de6 scribed in subsection (a); 

7 (ii) oversight of energy and water con8 servation programs, including oversight of 

9 contractors; and 

10 (iii) raising capital for energy and 

11 water conservation improvements from 

12 charitable organizations or private inves13 tors. 

14 (4) GEOGRAPHICAL DIVERSITY.—Each agree15 ment entered into under this section shall provide 

16 for the inclusion of properties with the greatest fea17 sible regional and State variance. 

18 (c) PLAN AND REPORTS.— 

19 (1) PLAN.—Not later than 90 days after the 

20 date of enactment of this Act, the Secretary shall 

21 submit to the Committees on Appropriations of the 

22 House of Representatives and the Senate, the Com23 mittee on Energy and Natural Resources of the Sen24 ate, and the Committee on Energy and Commerce of 


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1 the House of Representatives a detailed plan for the 

2 implementation of this section. 

3 (2) REPORTS.—Not later than 1 year after the 

4 date of enactment of this Act, and annually there5 after, the Secretary shall— 

6 (A) conduct an evaluation of the program 

7 under this section; and 

8 (B) submit to Congress a report describing 

9 each evaluation conducted under subparagraph 

10 (A). 

11 (d) FUNDING.—For each fiscal year during which an 

12 agreement under this section is in effect, the Secretary 

13 may use to carry out this section any funds appropriated 

14 to the Secretary for the renewal of contracts under a pro15 gram described in subsection (a). 

16 SEC. 1103. COORDINATION OF ENERGY RETROFITTING AS17 SISTANCE FOR SCHOOLS. 

18 (a) DEFINITION OF SCHOOL.—In this section, the 

19 term ‘‘school’’ means— 

20 (1) an elementary school or secondary school 

21 (as defined in section 8101 of the Elementary and 

22 Secondary Education Act of 1965 (20 U.S.C. 

23 7801)); 


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1 (2) an institution of higher education (as de2 fined in section 102(a) of the Higher Education Act 

3 of 1965 (20 U.S.C. 1002(a)); 

4 (3) a school of the defense dependents’ edu5 cation system under the Defense Dependents’ Edu6 cation Act of 1978 (20 U.S.C. 921 et seq.) or estab7 lished under section 2164 of title 10, United States 

8 Code; 

9 (4) a school operated by the Bureau of Indian 

10 Affairs; 

11 (5) a tribally controlled school (as defined in 

12 section 5212 of the Tribally Controlled Schools Act 

13 of 1988 (25 U.S.C. 2511)); and 

14 (6) an institution of higher education eligible to 

15 receive funds under section 371(a) of the Higher 

16 Education Act of 1965 (20 U.S.C. 1067q(a)). 

17 (b) DESIGNATION OF LEAD AGENCY.—The Sec18 retary, acting through the Office of Energy Efficiency and 

19 Renewable Energy, shall act as the lead Federal agency 

20 for coordinating and disseminating information on exist21 ing Federal programs and assistance that may be used 

22 to help initiate, develop, and finance energy efficiency, re23 newable energy, and energy retrofitting projects for 

24 schools. 


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1 (c) REQUIREMENTS.—In carrying out coordination 

2 and outreach under subsection (b), the Secretary shall— 

3 (1) in consultation and coordination with the 

4 appropriate Federal agencies, carry out a review of 

5 existing programs and financing mechanisms (in6 cluding revolving loan funds and loan guarantees) 

7 available in or from the Department of Agriculture, 

8 the Department, the Department of Education, the 

9 Department of the Treasury, the Internal Revenue 

10 Service, the Environmental Protection Agency, and 

11 other appropriate Federal agencies with jurisdiction 

12 over energy financing and facilitation that are cur13 rently used or may be used to help initiate, develop, 

14 and finance energy efficiency, renewable energy, and 

15 energy retrofitting projects for schools; 

16 (2) establish a Federal cross-departmental col17 laborative coordination, education, and outreach ef18 fort to streamline communication and promote avail19 able Federal opportunities and assistance described 

20 in paragraph (1) for energy efficiency, renewable en21 ergy, and energy retrofitting projects that enables 

22 States, local educational agencies, and schools— 

23 (A) to use existing Federal opportunities 

24 more effectively; and 


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1 (B) to form partnerships with Governors, 

2 State energy programs, local educational, finan3 cial, and energy officials, State and local gov4 ernment officials, nonprofit organizations, and 

5 other appropriate entities to support the initi6 ation of the projects; 

7 (3) provide technical assistance for States, local 

8 educational agencies, and schools to help develop 

9 and finance energy efficiency, renewable energy, and 

10 energy retrofitting projects— 

11 (A) to increase the energy efficiency of 

12 buildings or facilities; 

13 (B) to install systems that individually 

14 generate energy from renewable energy re15 sources; 

16 (C) to establish partnerships to leverage 

17 economies of scale and additional financing 

18 mechanisms available to larger clean energy ini19 tiatives; or 

20 (D) to promote— 

21 (i) the maintenance of health, environ22 mental quality, and safety in schools, in23 cluding the ambient air quality, through 

24 energy efficiency, renewable energy, and 

25 energy retrofit projects; and 


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1 (ii) the achievement of expected en2 ergy savings and renewable energy produc3 tion through proper operations and main4 tenance practices; 

5 (4) develop and maintain a single online re6 source website with contact information for relevant 

7 technical assistance and support staff in the Office 

8 of Energy Efficiency and Renewable Energy for 

9 States, local educational agencies, and schools to ef10 fectively access and use Federal opportunities and 

11 assistance described in paragraph (1) to develop en12 ergy efficiency, renewable energy, and energy retro13 fitting projects; and 

14 (5) establish a process for recognition of schools 

15 that— 

16 (A) have successfully implemented energy 

17 efficiency, renewable energy, and energy retro18 fitting projects; and 

19 (B) are willing to serve as resources for 

20 other local educational agencies and schools to 

21 assist initiation of similar efforts. 

22 (d) REPORT.—Not later than 180 days after the date 

23 of enactment of this Act, the Secretary shall submit to 

24 Congress a report describing the implementation of this 

25 section. 


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1 SEC. 1104. ENERGY EFFICIENCY MATERIALS PILOT PRO2 GRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) APPLICANT.—The term ‘‘applicant’’ means 

5 a nonprofit organization that applies for a grant 

6 under this section. 

7 (2) ENERGY-EFFICIENCY MATERIALS.— 

8 (A) IN GENERAL.—The term ‘‘energy-effi9 ciency materials’’ means a measure (including a 

10 product, equipment, or system) that results in 

11 a reduction in use by a nonprofit organization 

12 for energy or fuel supplied from outside the 

13 nonprofit building. 

14 (B) INCLUSIONS.—The term ‘‘energy-effi15 ciency materials’’ includes an item involving— 

16 (i) a roof or lighting system, or com17 ponent of a roof or lighting system; 

18 (ii) a window; 

19 (iii) a door, including a security door; 

20 or 

21 (iv) a heating, ventilation, or air con22 ditioning system or component of the sys23 tem (including insulation and wiring and 

24 plumbing materials needed to serve a more 

25 efficient system); and 


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1 (v) a renewable energy generation or 

2 heating system, including a solar, photo3 voltaic, wind, geothermal, or biomass (in4 cluding wood pellet) system or component 

5 of the system. 

6 (3) NONPROFIT BUILDING.— 

7 (A) IN GENERAL.—The term ‘‘nonprofit 

8 building’’ means a building operated and owned 

9 by a nonprofit organization. 

10 (B) INCLUSIONS.—The term ‘‘nonprofit 

11 building’’ includes a building described in sub12 paragraph (A) that is— 

13 (i) a hospital; 

14 (ii) a youth center; 

15 (iii) a school; 

16 (iv) a social-welfare program facility; 

17 (v) a faith-based organization; and 

18 (vi) any other nonresidential and non19 commercial structure. 

20 (b) ESTABLISHMENT.—Not later than 1 year after 

21 the date of enactment of this Act, the Secretary shall es22 tablish a pilot program to award grants for the purpose 

23 of providing nonprofit buildings with energy-efficiency ma24 terials. 

25 (c) GRANTS.— 


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1 (1) IN GENERAL.—The Secretary may award 

2 grants under the program established under sub3 section (b). 

4 (2) APPLICATION.—The Secretary may award a 

5 grant under this section if an applicant submits to 

6 the Secretary an application at such time, in such 

7 form, and containing such information as the Sec8 retary may prescribe. 

9 (3) CRITERIA FOR GRANT.—In determining 

10 whether to award a grant under this section, the 

11 Secretary shall apply performance-based criteria, 

12 which shall give priority to applications based on— 

13 (A) the energy savings achieved; 

14 (B) the cost-effectiveness of the use of en15 ergy-efficiency materials; 

16 (C) an effective plan for evaluation, meas17 urement, and verification of energy savings; and 

18 (D) the financial need of the applicant. 

19 (4) LIMITATION ON INDIVIDUAL GRANT

20 AMOUNT.—Each grant awarded under this section 

21 shall not exceed $200,000. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $10,000,000 for each of fiscal years 2018 through 2022, 

25 to remain available until expended. 


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1 SEC. 1105. UTILITY ENERGY SERVICE CONTRACTS. 

2 Section 546 of the National Energy Conservation 

3 Policy Act (42 U.S.C. 8256) is amended by adding at the 

4 end the following: 

5 ‘‘(f) UTILITY ENERGY SERVICE CONTRACTS.— 

6 ‘‘(1) IN GENERAL.—Each Federal agency may 

7 use, to the maximum extent practicable, measures 

8 provided by law to meet energy efficiency and con9 servation mandates and laws, including through util10 ity energy service contracts authorized by subsection 

11 (c). 

12 ‘‘(2) CONTRACT PERIOD.—The term of a utility 

13 energy service contract entered into by a Federal 

14 agency may have a contract period not to exceed 25 

15 years. 

16 ‘‘(3) NOTIFICATION.—The Secretary shall make 

17 available on a public website the guidance and cri18 teria regarding the conditions of utility energy serv19 ice contracts.’’. 

20 SEC. 1106. USE OF ENERGY AND WATER EFFICIENCY MEAS21 URES IN FEDERAL BUILDINGS. 

22 (a) ENERGY MANAGEMENT REQUIREMENTS.—Sec23 tion 543(f)(4) of the National Energy Conservation Policy 

24 Act (42 U.S.C. 8253(f)(4)) is amended by striking ‘‘may’’ 

25 and inserting ‘‘shall’’. 


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1 (b) REPORTS.—Section 548(b) of the National En2 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

3 amended— 

4 (1) in paragraph (3), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (4), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(5)(A) the status of the energy savings per10 formance contracts and utility energy service con11 tracts of each agency; 

12 ‘‘(B) the investment value of the contracts; 

13 ‘‘(C) the guaranteed energy savings for the pre14 vious year as compared to the actual energy savings 

15 for the previous year; 

16 ‘‘(D) the plan for entering into the contracts in 

17 the coming year; and 

18 ‘‘(E) information explaining why any previously 

19 submitted plans for the contracts were not imple20 mented.’’. 

21 (c) DEFINITION OF ENERGY CONSERVATION MEAS22 URES.—Section 551(4) of the National Energy Conserva23 tion Policy Act (42 U.S.C. 8259(4)) is amended by strik24 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activiVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ties, or energy consuming devices and required support 

2 structures’’. 

3 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec4 tion 801(a)(2)(F) of the National Energy Conservation 

5 Policy Act (42 U.S.C. 8287(a)(2)(F)) is amended— 

6 (1) in clause (i), by striking ‘‘or’’ at the end; 

7 (2) in clause (ii), by striking the period at the 

8 end and inserting ‘‘; or’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(iii) limit the recognition of oper11 ation and maintenance savings associated 

12 with systems modernized or replaced with 

13 the implementation of energy conservation 

14 measures, water conservation measures, or 

15 any combination of energy conservation 

16 measures and water conservation meas17 ures.’’. 

18 (e) MISCELLANEOUS AUTHORITY.—Section 

19 801(a)(2) of the National Energy Conservation Policy Act 

20 (42 U.S.C. 8287(a)(2)) is amended by adding at the end 

21 the following: 

22 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not23 withstanding any other provision of law, a Fed24 eral agency may sell or transfer energy savings 


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1 and apply the proceeds of the sale or transfer 

2 to fund a contract under this title.’’. 

3 (f) PAYMENT OF COSTS.—Section 802 of the Na4 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

5 is amended by striking ‘‘(and related operation and main6 tenance expenses)’’ and inserting ‘‘, including related op7 erations and maintenance expenses’’. 

8 (g) DEFINITION OF FEDERAL BUILDING.—Section 

9 551(6) of the National Energy Conservation Policy Act 

10 (42 U.S.C. 8259(6)) is amended by striking the semicolon 

11 at the end and inserting ‘‘the term does not include a dam, 

12 reservoir, or hydropower facility owned or operated by a 

13 Federal agency;’’. 

14 (h) DEFINITION OF ENERGY SAVINGS.—Section 

15 804(2) of the National Energy Conservation Policy Act 

16 (42 U.S.C. 8287c(2)) is amended— 

17 (1) in subparagraph (A), by striking ‘‘federally 

18 owned building or buildings or other federally owned 

19 facilities’’ and inserting ‘‘Federal building (as de20 fined in section 551)’’ each place it appears; 

21 (2) in subparagraph (C), by striking ‘‘; and’’ 

22 and inserting a semicolon; 

23 (3) in subparagraph (D), by striking the period 

24 at the end and inserting a semicolon; and 

25 (4) by adding at the end the following: 


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1 ‘‘(E) the use, sale, or transfer of energy in2 centives, rebates, or credits (including renew3 able energy credits) from Federal, State, or 

4 local governments or utilities; and 

5 ‘‘(F) any revenue generated from a reduc6 tion in energy or water use, more efficient 

7 waste recycling, or additional energy generated 

8 from more efficient equipment.’’. 

9 SEC. 1107. BUILDING TRAINING AND ASSESSMENT CEN10 TERS. 

11 (a) IN GENERAL.—The Secretary shall provide 

12 grants to institutions of higher education (as defined in 

13 section 101 of the Higher Education Act of 1965 (20 

14 U.S.C. 1001)) and institutions of higher education eligible 

15 to receive funds under section 371(a) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1067q(a)) (referred to in 

17 this section as ‘‘minority-serving institutions’’) to establish 

18 building training and assessment centers— 

19 (1) to identify opportunities for optimizing en20 ergy efficiency and associated environmental, health 

21 and safety, and productivity performance in build22 ings; 

23 (2) to promote the application of emerging con24 cepts and technologies in commercial and institu25 tional buildings; 


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1 (3) to train engineers, architects, building sci2 entists, building energy permitting and enforcement 

3 officials, and building technicians in energy-efficient 

4 design and operation; 

5 (4) to assist institutions of higher education 

6 and minority-serving institutions in training building 

7 technicians; 

8 (5) to promote research and development for 

9 the use of alternative energy sources and distributed 

10 generation to supply heat and power for buildings, 

11 particularly energy-intensive buildings; and 

12 (6) to coordinate with and assist State-accred13 ited technical training centers, community colleges, 

14 minority-serving institutions, and local offices of the 

15 National Institute of Food and Agriculture and en16 sure appropriate services are provided under this 

17 section to each region of the United States. 

18 (b) COORDINATION AND NONDUPLICATION.— 

19 (1) IN GENERAL.—The Secretary shall coordi20 nate the program with the industrial research and 

21 assessment centers program and with other Federal 

22 programs to avoid duplication of effort. 

23 (2) COLLOCATION.—To the maximum extent 

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1 ters established under this section shall be collocated 

2 with Industrial Assessment Centers. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $10,000,000, to remain available until expended. 

6 SEC. 1108. CAREER SKILLS TRAINING. 

7 (a) IN GENERAL.—The Secretary shall pay grants to 

8 eligible entities described in subsection (b) to pay the Fed9 eral share of associated career skills training programs 

10 under which students concurrently receive classroom in11 struction and on-the-job training for the purpose of ob12 taining an industry-related certification to install energy 

13 efficient buildings technologies, including technologies de14 scribed in section 307(b)(3) of the Energy Conservation 

15 and Production Act (42 U.S.C. 6836(b)(3)). 

16 (b) ELIGIBILITY.—To be eligible to obtain a grant 

17 under subsection (a), an entity shall be a nonprofit part18 nership that— 

19 (1) includes the equal participation of industry, 

20 including public or private employers, and labor or21 ganizations, including joint labor-management train22 ing programs, and may include workforce investment 

23 boards, community-based organizations, qualified 

24 service and conservation corps, educational institu25 tions, small businesses, cooperatives, State and local 


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1 veterans agencies, and veterans service organiza2 tions; and 

3 (2) demonstrates— 

4 (A) experience in implementing and oper5 ating worker skills training and education pro6 grams; 

7 (B) the ability to identify and involve in 

8 training programs carried out under the grant, 

9 target populations of individuals who would 

10 benefit from training and be actively involved in 

11 activities related to energy efficiency and renew12 able energy industries; and 

13 (C) the ability to help individuals achieve 

14 economic self-sufficiency. 

15 (c) FEDERAL SHARE.—The Federal share of the cost 

16 of carrying out a career skills training program described 

17 in subsection (a) shall be 50 percent. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $10,000,000, to remain available until expended. 

21 SEC. 1109. ENERGY-EFFICIENT AND ENERGY-SAVING IN22 FORMATION TECHNOLOGIES. 

23 (a) AMENDMENT.—Subtitle C of title V of the En24 ergy Independence and Security Act of 2007 (Public Law 


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1 110–140; 121 Stat. 1661) is amended by adding at the 

2 end the following: 

3 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR4 MATION TECHNOLOGIES. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

7 the Director of the Office of Management and Budg8 et. 

9 ‘‘(2) INFORMATION TECHNOLOGY.—The term 

10 ‘information technology’ has the meaning given that 

11 term in section 11101 of title 40, United States 

12 Code. 

13 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT14 EGY.—Not later than 1 year after the date of enactment 

15 of this section, each Federal agency shall coordinate with 

16 the Director, the Secretary, and the Administrator of the 

17 Environmental Protection Agency to develop an implemen18 tation strategy (that includes best practices and measure19 ment and verification techniques) for the maintenance, 

20 purchase, and use by the Federal agency of energy-effi21 cient and energy-saving information technologies, taking 

22 into consideration the performance goals established under 

23 subsection (d). 


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1 ‘‘(c) ADMINISTRATION.—In developing an implemen2 tation strategy under subsection (b), each Federal agency 

3 shall consider— 

4 ‘‘(1) advanced metering infrastructure; 

5 ‘‘(2) energy-efficient data center strategies and 

6 methods of increasing asset and infrastructure utili7 zation; 

8 ‘‘(3) advanced power management tools; 

9 ‘‘(4) building information modeling, including 

10 building energy management; 

11 ‘‘(5) secure telework and travel substitution 

12 tools; and 

13 ‘‘(6) mechanisms to ensure that the agency re14 alizes the energy cost savings brought about through 

15 increased efficiency and utilization. 

16 ‘‘(d) PERFORMANCE GOALS.— 

17 ‘‘(1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this section, the Di19 rector, in consultation with the Secretary, shall es20 tablish performance goals for evaluating the efforts 

21 of Federal agencies in improving the maintenance, 

22 purchase, and use of energy-efficient and energy-sav23 ing information technology. 

24 ‘‘(2) BEST PRACTICES.—The Chief Information 

25 Officers Council established under section 3603 of 


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1 title 44, United States Code, shall recommend best 

2 practices for the attainment of the performance 

3 goals, which shall include Federal agency consider4 ation of, to the extent applicable by law, the use 

5 of— 

6 ‘‘(A) energy savings performance con7 tracting; and 

8 ‘‘(B) utility energy services contracting. 

9 ‘‘(e) REPORTS.— 

10 ‘‘(1) AGENCY REPORTS.—Each Federal agency 

11 shall include in the report of the agency under sec12 tion 527 a description of the efforts and results of 

13 the agency under this section. 

14 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

15 AND SCORECARDS.—Effective beginning not later 

16 than October 1, 2017, the Director shall include in 

17 the annual report and scorecard of the Director re18 quired under section 528 a description of the efforts 

19 and results of Federal agencies under this section.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for the Energy Independence and Security Act of 

22 2007 is amended by adding after the item relating to sec23 tion 529 the following: 

‘‘Sec. 530. Energy-efficient and energy-saving information technologies.’’. 


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1 SEC. 1110. ENERGY EFFICIENT DATA CENTERS. 

2 Section 453 of the Energy Independence and Security 

3 Act of 2007 (42 U.S.C. 17112) is amended— 

4 (1) in subsection (b)(2)(D)(iv), by striking ‘‘de5 termined by the organization’’ and inserting ‘‘pro6 posed by the stakeholders’’; 

7 (2) by striking subsection (b)(3); and 

8 (3) by striking subsections (c) through (g) and 

9 inserting the following: 

10 ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 

11 and the Administrator shall carry out subsection (b) in 

12 collaboration with the information technology industry and 

13 other key stakeholders, with the goal of producing results 

14 that accurately reflect the most relevant and useful infor15 mation available. In such collaboration, the Secretary and 

16 the Administrator shall pay particular attention to organi17 zations that— 

18 ‘‘(1) have members with expertise in energy ef19 ficiency and in the development, operation, and 

20 functionality of data centers, information technology 

21 equipment, and software, such as representatives of 

22 hardware manufacturers, data center operators, and 

23 facility managers; 

24 ‘‘(2) obtain and address input from Department 

25 of Energy National Laboratories or any college, uni26 versity, research institution, industry association, 


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1 company, or public interest group with applicable ex2 pertise; 

3 ‘‘(3) follow— 

4 ‘‘(A) commonly accepted procedures for 

5 the development of specifications; and 

6 ‘‘(B) accredited standards development 

7 processes; and 

8 ‘‘(4) have a mission to promote energy effi9 ciency for data centers and information technology. 

10 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The 

11 Secretary and the Administrator shall consider and assess 

12 the adequacy of the specifications, measurements, best 

13 practices, and benchmarks described in subsection (b) for 

14 use by the Federal Energy Management Program, the En15 ergy Star Program, and other efficiency programs of the 

16 Department of Energy or the Environmental Protection 

17 Agency. 

18 ‘‘(e) STUDY.—The Secretary, in collaboration with 

19 the Administrator, shall, not later than 4 years after the 

20 date of enactment of the Energy and Natural Resources 

21 Act of 2017, make available to the public a second update 

22 to the Report to Congress on Server and Data Center En23 ergy Efficiency published on August 2, 2007, under sec24 tion 1 of Public Law 109–431 (120 Stat. 2920), that pro25 vides— 


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1 ‘‘(1) a comparison and gap analysis of the esti2 mates and projections contained in the original re3 port and the first update with new data regarding 

4 the period from 2015 through 2019; 

5 ‘‘(2) an analysis of the energy saving and social 

6 impact of information technologies, including 

7 virtualization, the internet of things, and cloud com8 puting, in the public and private sectors; 

9 ‘‘(3) an evaluation of the impact of the com10 bination of cloud platforms, mobile devices, social 

11 media, big data, and other newly emerging tech12 nologies on data center energy usage; 

13 ‘‘(4) an evaluation of water usage in data cen14 ters and recommendations for reductions in such 

15 water usage; and 

16 ‘‘(5) updated projections and recommendations 

17 for best practices through fiscal year 2025. 

18 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO19 GRAM.—The Secretary, in collaboration with key stake20 holders and the Director of the Office of Management and 

21 Budget, shall maintain a data center energy practitioner 

22 program that leads to the certification of energy practi23 tioners qualified to evaluate the energy usage and effi24 ciency opportunities in Federal data centers. Each Federal 

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1 cy evaluated every 4 years, in accordance with section 

2 543(f) of the National Energy Conservation Policy Act (42 

3 U.S.C. 8253), by energy practitioners certified pursuant 

4 to such program. 

5 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col6 laboration with key stakeholders and the Director of the 

7 Office of Management and Budget, shall establish an open 

8 data initiative for Federal data center energy usage data, 

9 with the purpose of making such data available and acces10 sible in a manner that encourages further data center in11 novation, optimization, and consolidation. In establishing 

12 the initiative, the Secretary shall consider the use of the 

13 online Data Center Maturity Model. 

14 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

15 METRICS.—The Secretary, in collaboration with key 

16 stakeholders, shall actively participate in efforts to har17 monize global specifications and metrics for data center 

18 energy and water efficiency. 

19 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec20 retary, in collaboration with key stakeholders, shall facili21 tate the development of an efficiency metric that measures 

22 the energy efficiency of a data center (including equipment 

23 and facilities). 

24 ‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 

25 The Secretary and the Administrator shall not disclose 


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1 any proprietary information or trade secrets provided by 

2 any individual or company for the purposes of carrying 

3 out this section or the programs and initiatives established 

4 under this section.’’. 

5 SEC. 1111. WEATHERIZATION ASSISTANCE PROGRAM. 

6 (a) REAUTHORIZATION OF WEATHERIZATION AS7 SISTANCE PROGRAM.—Section 422 of the Energy Con8 servation and Production Act (42 U.S.C. 6872) is amend9 ed by striking ‘‘appropriated—’’ and all that follows 

10 through the period at the end and inserting ‘‘appropriated 

11 $350,000,000 for each of fiscal years 2018 through 

12 2022.’’. 

13 (b) GRANTS FOR NEW, SELF-SUSTAINING LOW-IN14 COME, SINGLE-FAMILY AND MULTIFAMILY HOUSING EN15 ERGY RETROFIT MODEL PROGRAMS TO ELIGIBLE

16 MULTISTATE HOUSING AND ENERGY NONPROFIT ORGA17 NIZATIONS.—The Energy Conservation and Production 

18 Act is amended by inserting after section 414B (42 U.S.C. 

19 6864b) the following: 

20 ‘‘SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-IN21 COME, SINGLE-FAMILY AND MULTIFAMILY 

22 HOUSING ENERGY RETROFIT MODEL PRO23 GRAMS TO ELIGIBLE MULTISTATE HOUSING 

24 AND ENERGY NONPROFIT ORGANIZATIONS. 

25 ‘‘(a) PURPOSES.—The purposes of this section are— 


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1 ‘‘(1) to expand the number of low-income, sin2 gle-family and multifamily homes that receive energy 

3 efficiency retrofits; 

4 ‘‘(2) to promote innovation and new models of 

5 retrofitting low-income homes through new Federal 

6 partnerships with covered organizations that lever7 age substantial donations, donated materials, volun8 teer labor, homeowner labor equity, and other pri9 vate sector resources; 

10 ‘‘(3) to assist the covered organizations in dem11 onstrating, evaluating, improving, and replicating 

12 widely the model low-income energy retrofit pro13 grams of the covered organizations; and 

14 ‘‘(4) to ensure that the covered organizations 

15 make the energy retrofit programs of the covered or16 ganizations self-sustaining by the time grant funds 

17 have been expended. 

18 ‘‘(b) DEFINITIONS.—In this section: 

19 ‘‘(1) COVERED ORGANIZATION.—The term ‘cov20 ered organization’ means an organization that— 

21 ‘‘(A) is described in section 501(c)(3) of 

22 the Internal Revenue Code of 1986 and exempt 

23 from taxation under 501(a) of that Code; and 

24 ‘‘(B) has an established record of con25 structing, renovating, repairing, or making enVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ergy efficient a total of not less than 250 

2 owner-occupied, single-family or multifamily 

3 homes per year for low-income households, ei4 ther directly or through affiliates, chapters, or 

5 other direct partners (using the most recent 

6 year for which data are available). 

7 ‘‘(2) LOW-INCOME.—The term ‘low-income’ 

8 means an income level that is not more than 200 

9 percent of the poverty level (as determined in ac10 cordance with criteria established by the Director of 

11 the Office of Management and Budget) applicable to 

12 a family of the size involved, except that the Sec13 retary may establish a higher or lower level if the 

14 Secretary determines that a higher or lower level is 

15 necessary to carry out this section. 

16 ‘‘(3) WEATHERIZATION ASSISTANCE PROGRAM

17 FOR LOW-INCOME PERSONS.—The term ‘Weatheriza18 tion Assistance Program for Low-Income Persons’ 

19 means the program established under this part (in20 cluding part 440 of title 10, Code of Federal Regu21 lations, or successor regulations). 

22 ‘‘(c) COMPETITIVE GRANT PROGRAM.—The Sec23 retary shall make grants to covered organizations through 

24 a national competitive process for use in accordance with 

25 this section. 


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1 ‘‘(d) AWARD FACTORS.—In making grants under this 

2 section, the Secretary shall consider— 

3 ‘‘(1) the number of low-income homes the appli4 cant— 

5 ‘‘(A) has built, renovated, repaired, or 

6 made more energy efficient as of the date of the 

7 application; and 

8 ‘‘(B) can reasonably be projected to build, 

9 renovate, repair, or make energy efficient dur10 ing the 10-year period beginning on the date of 

11 the application; 

12 ‘‘(2) the qualifications, experience, and past 

13 performance of the applicant, including experience 

14 successfully managing and administering Federal 

15 funds; 

16 ‘‘(3) the number and diversity of States and cli17 mates in which the applicant works as of the date 

18 of the application; 

19 ‘‘(4) the amount of non-Federal funds, donated 

20 or discounted materials, discounted or volunteer 

21 skilled labor, volunteer unskilled labor, homeowner 

22 labor equity, and other resources the applicant will 

23 provide; 

24 ‘‘(5) the extent to which the applicant could 

25 successfully replicate the energy retrofit program of 


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1 the applicant and sustain the program after the 

2 grant funds have been expended; 

3 ‘‘(6) regional diversity; 

4 ‘‘(7) urban, suburban, and rural localities; and 

5 ‘‘(8) such other factors as the Secretary deter6 mines to be appropriate. 

7 ‘‘(e) APPLICATIONS.— 

8 ‘‘(1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of this section, the Sec10 retary shall request proposals from covered organiza11 tions. 

12 ‘‘(2) ADMINISTRATION.—To be eligible to re13 ceive a grant under this section, an applicant shall 

14 submit to the Secretary an application at such time, 

15 in such manner, and containing such information as 

16 the Secretary may require. 

17 ‘‘(3) AWARDS.—Not later than 90 days after 

18 the date of issuance of a request for proposals, the 

19 Secretary shall award grants under this section. 

20 ‘‘(f) ELIGIBLE USES OF GRANT FUNDS.—A grant 

21 under this section may be used for— 

22 ‘‘(1) energy efficiency audits, cost-effective ret23 rofit, and related activities in different climatic re24 gions of the United States; 

25 ‘‘(2) energy efficiency materials and supplies; 


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1 ‘‘(3) organizational capacity— 

2 ‘‘(A) to significantly increase the number 

3 of energy retrofits; 

4 ‘‘(B) to replicate an energy retrofit pro5 gram in other States; and 

6 ‘‘(C) to ensure that the program is self7 sustaining after the Federal grant funds are ex8 pended; 

9 ‘‘(4) energy efficiency, audit and retrofit train10 ing, and ongoing technical assistance; 

11 ‘‘(5) information to homeowners on proper 

12 maintenance and energy savings behaviors; 

13 ‘‘(6) quality control and improvement; 

14 ‘‘(7) data collection, measurement, and 

15 verification; 

16 ‘‘(8) program monitoring, oversight, evaluation, 

17 and reporting; 

18 ‘‘(9) management and administration (up to a 

19 maximum of 10 percent of the total grant); 

20 ‘‘(10) labor and training activities; and 

21 ‘‘(11) such other activities as the Secretary de22 termines to be appropriate. 

23 ‘‘(g) MAXIMUM AMOUNT.— 

24 ‘‘(1) IN GENERAL.—The amount of a grant 

25 provided under this section shall not exceed— 


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1 ‘‘(A) if the amount made available to carry 

2 out this section for a fiscal year is 

3 $225,000,000 or more, $5,000,000; and 

4 ‘‘(B) if the amount made available to carry 

5 out this section for a fiscal year is less than 

6 $225,000,000, $1,500,000. 

7 ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 

8 The total amount of a grant provided under this sec9 tion shall be reduced by the cost of any technical 

10 and training assistance provided by the Secretary 

11 that relates to the grant. 

12 ‘‘(h) GUIDELINES.— 

13 ‘‘(1) IN GENERAL.—Not later than 90 days 

14 after the date of enactment of this section, the Sec15 retary shall issue guidelines to implement the grant 

16 program established under this section. 

17 ‘‘(2) ADMINISTRATION.—The guidelines— 

18 ‘‘(A) shall not apply to the Weatherization 

19 Assistance Program for Low-Income Persons, 

20 in whole or major part; but 

21 ‘‘(B) may rely on applicable provisions of 

22 law governing the Weatherization Assistance 

23 Program for Low-Income Persons to estab24 lish— 


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1 ‘‘(i) standards for allowable expendi2 tures; 

3 ‘‘(ii) a minimum savings-to-investment 

4 ratio; 

5 ‘‘(iii) standards— 

6 ‘‘(I) to carry out training pro7 grams; 

8 ‘‘(II) to conduct energy audits 

9 and program activities; 

10 ‘‘(III) to provide technical assist11 ance; 

12 ‘‘(IV) to monitor program activi13 ties; and 

14 ‘‘(V) to verify energy and cost 

15 savings; 

16 ‘‘(iv) liability insurance requirements; 

17 and 

18 ‘‘(v) recordkeeping requirements, 

19 which shall include reporting to the Office 

20 of Weatherization and Intergovernmental 

21 Programs of the Department of Energy 

22 applicable data on each home retrofitted. 

23 ‘‘(i) REVIEW AND EVALUATION.—The Secretary shall 

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1 nization that receives a grant under this section (which 

2 may include an audit), as determined by the Secretary. 

3 ‘‘(j) COMPLIANCE WITH STATE AND LOCAL LAW.— 

4 Nothing in this section or any program carried out using 

5 a grant provided under this section supersedes or other6 wise affects any State or local law, to the extent that the 

7 State or local law contains a requirement that is more 

8 stringent than the applicable requirement of this section. 

9 ‘‘(k) ANNUAL REPORTS.—The Secretary shall submit 

10 to Congress annual reports that provide— 

11 ‘‘(1) findings; 

12 ‘‘(2) a description of energy and cost savings 

13 achieved and actions taken under this section; and 

14 ‘‘(3) any recommendations for further action. 

15 ‘‘(l) FUNDING.—Of the amount of funds that are 

16 made available to carry out the Weatherization Assistance 

17 Program for each of fiscal years 2018 through 2022 under 

18 section 422, the Secretary shall use to carry out this sec19 tion for each of fiscal years 2018 through 2022 not more 

20 than— 

21 ‘‘(1) 2 percent of the amount if the amount is 

22 less than $225,000,000; 

23 ‘‘(2) 5 percent of the amount if the amount is 

24 $225,000,000 or more but less than $260,000,000; 

25 and 


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1 ‘‘(3) 10 percent of the amount if the amount is 

2 $260,000,000 or more.’’. 

3 (c) STANDARDS PROGRAM.—Section 415 of the En4 ergy Conservation and Production Act (42 U.S.C. 6865) 

5 is amended by adding at the end the following: 

6 ‘‘(f) STANDARDS PROGRAM.— 

7 ‘‘(1) CONTRACTOR QUALIFICATION.—Effective 

8 beginning January 1, 2017, to be eligible to carry 

9 out weatherization using funds made available under 

10 this part, a contractor shall be selected through a 

11 competitive bidding process and be— 

12 ‘‘(A) accredited by the Building Perform13 ance Institute; 

14 ‘‘(B) an Energy Smart Home Performance 

15 Team accredited under the Residential Energy 

16 Services Network; or 

17 ‘‘(C) accredited by an equivalent accredita18 tion or program accreditation-based State cer19 tification program approved by the Secretary. 

20 ‘‘(2) GRANTS FOR ENERGY RETROFIT MODEL

21 PROGRAMS.— 

22 ‘‘(A) IN GENERAL.—To be eligible to re23 ceive a grant under section 414C, a covered or24 ganization (as defined in section 414C(b)) shall 

25 use a crew chief who— 


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1 ‘‘(i) is certified or accredited in ac2 cordance with paragraph (1); and 

3 ‘‘(ii) supervises the work performed 

4 with grant funds. 

5 ‘‘(B) VOLUNTEER LABOR.—A volunteer 

6 who performs work for a covered organization 

7 that receives a grant under section 414C shall 

8 not be required to be certified under this sub9 section if the volunteer is not directly installing 

10 or repairing mechanical equipment or other 

11 items that require skilled labor. 

12 ‘‘(C) TRAINING.—The Secretary shall use 

13 training and technical assistance funds available 

14 to the Secretary to assist covered organizations 

15 under section 414C in providing training to ob16 tain certification required under this subsection, 

17 including provisional or temporary certification. 

18 ‘‘(3) MINIMUM EFFICIENCY STANDARDS.—Ef19 fective beginning October 1, 2017, the Secretary 

20 shall ensure that— 

21 ‘‘(A) each retrofit for which weatherization 

22 assistance is provided under this part meets 

23 minimum efficiency and quality of work stand24 ards established by the Secretary after weather25 ization of a dwelling unit; 


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1 ‘‘(B) at least 10 percent of the dwelling 

2 units are randomly inspected by a third party 

3 accredited under this subsection to ensure com4 pliance with the minimum efficiency and quality 

5 of work standards established under subpara6 graph (A); and 

7 ‘‘(C) the standards established under this 

8 subsection meet or exceed the industry stand9 ards for home performance work that are in ef10 fect on the date of enactment of this subsection, 

11 as determined by the Secretary.’’. 

12 SEC. 1112. REAUTHORIZATION OF STATE ENERGY PRO13 GRAM. 

14 Section 365(f) of the Energy Policy and Conservation 

15 Act (42 U.S.C. 6325(f)) is amended by striking 

16 ‘‘$125,000,000 for each of fiscal years 2007 through 

17 2012’’ and inserting ‘‘$90,000,000 for each of fiscal years 

18 2018 through 2022, of which not greater than 5 percent 

19 may be used to provide competitively awarded financial as20 sistance’’. 

21 SEC. 1113. SMART BUILDING ACCELERATION. 

22 (a) DEFINITIONS.—In this section: 

23 (1) PROGRAM.—The term ‘‘program’’ means 

24 the Federal Smart Building Program established 

25 under subsection (b)(1). 


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1 (2) SMART BUILDING.—The term ‘‘smart build2 ing’’ means a building, or collection of buildings, 

3 with an energy system that— 

4 (A) is flexible and automated; 

5 (B) has extensive operational monitoring 

6 and communication connectivity, allowing re7 mote monitoring and analysis of all building 

8 functions; 

9 (C) takes a systems-based approach in in10 tegrating the overall building operations for 

11 control of energy generation, consumption, and 

12 storage; 

13 (D) communicates with utilities and other 

14 third-party commercial entities, if appropriate; 

15 (E) protects the health and safety of occu16 pants and workers; and 

17 (F) is cybersecure. 

18 (3) SMART BUILDING ACCELERATOR.—The 

19 term ‘‘smart building accelerator’’ means an initia20 tive that is designed to demonstrate specific innova21 tive policies and approaches— 

22 (A) with clear goals and a clear timeline; 

23 and 


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1 (B) that, on successful demonstration, 

2 would accelerate investment in energy effi3 ciency. 

4 (b) FEDERAL SMART BUILDING PROGRAM.— 

5 (1) ESTABLISHMENT.—Not later than 1 year 

6 after the date of enactment of this Act, the Sec7 retary shall, in consultation with the Administrator 

8 of General Services, establish a program to be 

9 known as the ‘‘Federal Smart Building Program’’— 

10 (A) to implement smart building tech11 nology; and 

12 (B) to demonstrate the costs and benefits 

13 of smart buildings. 

14 (2) SELECTION.— 

15 (A) IN GENERAL.—The Secretary shall co16 ordinate the selection of not fewer than 1 build17 ing from among each of several key Federal 

18 agencies, as described in paragraph (4), to com19 pose an appropriately diverse set of smart 

20 buildings based on size, type, and geographic lo21 cation. 

22 (B) INCLUSION OF COMMERCIALLY OPER23 ATED BUILDINGS.—In making selections under 

24 subparagraph (A), the Secretary may include 


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1 buildings that are owned by the Federal Gov2 ernment but are commercially operated. 

3 (3) TARGETS.—Not later than 18 months after 

4 the date of enactment of this Act, the Secretary 

5 shall establish targets for the number of smart 

6 buildings to be commissioned and evaluated by key 

7 Federal agencies by 3 years and 6 years after the 

8 date of enactment of this Act. 

9 (4) FEDERAL AGENCY DESCRIBED.—The key 

10 Federal agencies referred to in this subsection shall 

11 include buildings operated by— 

12 (A) the Department of the Army; 

13 (B) the Department of the Navy; 

14 (C) the Department of the Air Force; 

15 (D) the Department; 

16 (E) the Department of the Interior; 

17 (F) the Department of Veterans Affairs; 

18 and 

19 (G) the General Services Administration. 

20 (5) REQUIREMENT.—In implementing the pro21 gram, the Secretary shall leverage existing financing 

22 mechanisms including energy savings performance 

23 contracts, utility energy service contracts, and an24 nual appropriations. 


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1 (6) EVALUATION.—Using the guidelines of the 

2 Federal Energy Management Program relating to 

3 whole-building evaluation, measurement, and 

4 verification, the Secretary shall evaluate the costs 

5 and benefits of the buildings selected under para6 graph (2), including an identification of— 

7 (A) which advanced building tech8 nologies— 

9 (i) are most cost-effective; and 

10 (ii) show the most promise for— 

11 (I) increasing building energy 

12 savings; 

13 (II) increasing service perform14 ance to building occupants; 

15 (III) reducing environmental im16 pacts; and 

17 (IV) establishing cybersecurity; 

18 and 

19 (B) any other information the Secretary 

20 determines to be appropriate. 

21 (7) AWARDS.—The Secretary may expand 

22 awards made under the Federal Energy Manage23 ment Program and the Better Building Challenge to 

24 recognize specific agency achievements in accel25 erating the adoption of smart building technologies. 


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1 (c) SURVEY OF PRIVATE SECTOR SMART BUILD2 INGS.— 

3 (1) SURVEY.—The Secretary shall conduct a 

4 survey of privately owned smart buildings through5 out the United States, including commercial build6 ings, laboratory facilities, hospitals, multifamily resi7 dential buildings, and buildings owned by nonprofit 

8 organizations and institutions of higher education. 

9 (2) SELECTION.—From among the smart build10 ings surveyed under paragraph (1), the Secretary 

11 shall select not fewer than 1 building each from an 

12 appropriate range of building sizes, types, and geo13 graphic locations. 

14 (3) EVALUATION.—Using the guidelines of the 

15 Federal Energy Management Program relating to 

16 whole-building evaluation, measurement, and 

17 verification, the Secretary shall evaluate the costs 

18 and benefits of the buildings selected under para19 graph (2), including an identification of— 

20 (A) which advanced building technologies 

21 and systems— 

22 (i) are most cost-effective; and 

23 (ii) show the most promise for— 

24 (I) increasing building energy 

25 savings; 


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1 (II) increasing service perform2 ance to building occupants; 

3 (III) reducing environmental im4 pacts; and 

5 (IV) establishing cybersecurity; 

6 and 

7 (B) any other information the Secretary 

8 determines to be appropriate. 

9 (d) LEVERAGING EXISTING PROGRAMS.— 

10 (1) BETTER BUILDING CHALLENGE.—As part 

11 of the Better Building Challenge of the Department, 

12 the Secretary, in consultation with major private 

13 sector property owners, shall develop smart building 

14 accelerators to demonstrate innovative policies and 

15 approaches that will accelerate the transition to 

16 smart buildings in the public, institutional, and com17 mercial buildings sectors. 

18 (2) RESEARCH AND DEVELOPMENT.— 

19 (A) IN GENERAL.—The Secretary shall 

20 conduct research and development to address 

21 key barriers to the integration of advanced 

22 building technologies and to accelerate the tran23 sition to smart buildings. 


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1 (B) INCLUSION.—The research and devel2 opment conducted under subparagraph (A) 

3 shall include research and development on— 

4 (i) achieving whole-building, systems5 level efficiency through smart system and 

6 component integration; 

7 (ii) improving physical components, 

8 such as sensors and controls, to be adapt9 ive, anticipatory, and networked; 

10 (iii) reducing the cost of key compo11 nents to accelerate the adoption of smart 

12 building technologies; 

13 (iv) data management, including the 

14 capture and analysis of data and the inter15 operability of the energy systems; 

16 (v) protecting against cybersecurity 

17 threats and addressing security 

18 vulnerabilities of building systems or 

19 equipment; 

20 (vi) business models, including how 

21 business models may limit the adoption of 

22 smart building technologies and how to 

23 support transactive energy; 


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1 (vii) integration and application of 

2 combined heat and power systems and en3 ergy storage for resiliency; 

4 (viii) characterization of buildings and 

5 components; 

6 (ix) consumer and utility protections; 

7 (x) continuous management, including 

8 the challenges of managing multiple energy 

9 systems and optimizing systems for dis10 parate stakeholders; and 

11 (xi) other areas of research and devel12 opment, as determined appropriate by the 

13 Secretary. 

14 (e) REPORT.—Not later than 2 years after the date 

15 of enactment of this Act, and every 2 years thereafter until 

16 a total of 3 reports have been made, the Secretary shall 

17 submit to the Committee on Energy and Natural Re18 sources of the Senate and the Committee on Energy and 

19 Commerce and the Committee on Science, Space, and 

20 Technology of the House of Representatives a report on— 

21 (1) the establishment of the Federal Smart 

22 Building Program and the evaluation of Federal 

23 smart buildings under subsection (b); 

24 (2) the survey and evaluation of private sector 

25 smart buildings under subsection (c); and 


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1 (3) any recommendations of the Secretary to 

2 further accelerate the transition to smart buildings. 

3 SEC. 1114. REPEAL OF FOSSIL PHASE-OUT. 

4 Section 305(a)(3) of the Energy Conservation and 

5 Production Act (42 U.S.C. 6834(a)(3)) is amended by 

6 striking subparagraph (D). 

7 SEC. 1115. FEDERAL BUILDING ENERGY EFFICIENCY PER8 FORMANCE STANDARDS. 

9 (a) DEFINITIONS.—Section 303 of the Energy Con10 servation and Production Act (42 U.S.C. 6832) (as 

11 amended by section 1101(a)) is amended— 

12 (1) in paragraph (6), by striking ‘‘to be con13 structed’’ and inserting ‘‘constructed or altered’’; 

14 and 

15 (2) by adding at the end the following: 

16 ‘‘(19) MAJOR RENOVATION.—The term ‘major 

17 renovation’ means a modification of building energy 

18 systems sufficiently extensive that the whole building 

19 can meet energy standards for new buildings, based 

20 on criteria to be established by the Secretary 

21 through notice and comment rulemaking.’’. 

22 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 

23 Section 305(a)(3) of the Energy Conservation and Pro24 duction Act (42 U.S.C. 6834(a)(3)) (as amended by sec25 tion 1114) is amended— 


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1 (1) by striking ‘‘(3)(A) Not later than’’ and all 

2 that follows through subparagraph (B) and inserting 

3 the following: 

4 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF5 FICIENCY PERFORMANCE STANDARDS.— 

6 ‘‘(A) REVISED FEDERAL BUILDING EN7 ERGY EFFICIENCY PERFORMANCE STAND8 ARDS.— 

9 ‘‘(i) IN GENERAL.—Not later than 1 

10 year after the date of enactment of the En11 ergy and Natural Resources Act of 2017, 

12 the Secretary shall establish, by rule, re13 vised Federal building energy efficiency 

14 performance standards that require that— 

15 ‘‘(I) new Federal buildings and 

16 alterations and additions to existing 

17 Federal buildings— 

18 ‘‘(aa) meet or exceed the 

19 most recent revision of the Inter20 national Energy Conservation 

21 Code (in the case of residential 

22 buildings) or ASHRAE Standard 

23 90.1 (in the case of commercial 

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1 actment of the Energy and Nat2 ural Resources Act of 2017; and 

3 ‘‘(bb) meet or exceed the en4 ergy provisions of State and local 

5 building codes applicable to the 

6 building, if the codes are more 

7 stringent than the International 

8 Energy Conservation Code or 

9 ASHRAE Standard 90.1, as ap10 plicable; 

11 ‘‘(II) unless demonstrated not to 

12 be life-cycle cost effective for new 

13 Federal buildings and Federal build14 ings with major renovations— 

15 ‘‘(aa) the buildings be de16 signed to achieve energy con17 sumption levels that are at least 

18 30 percent below the levels estab19 lished in the version of the 

20 ASHRAE Standard or the Inter21 national Energy Conservation 

22 Code, as appropriate, that is ap23 plied under subclause (I)(aa), in24 cluding updates under subpara25 graph (B); and 


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1 ‘‘(bb) sustainable design 

2 principles are applied to the loca3 tion, siting, design, and construc4 tion of all new Federal buildings 

5 and replacement Federal build6 ings; 

7 ‘‘(III) if water is used to achieve 

8 energy efficiency, water conservation 

9 technologies shall be applied to the ex10 tent that the technologies are life11 cycle cost effective; and 

12 ‘‘(IV) if life-cycle cost effective, 

13 as compared to other reasonably avail14 able technologies, not less than 30 

15 percent of the hot water demand for 

16 each new Federal building or Federal 

17 building undergoing a major renova18 tion be met through the installation 

19 and use of solar hot water heaters. 

20 ‘‘(ii) LIMITATION.—Clause (i)(I) shall 

21 not apply to unaltered portions of existing 

22 Federal buildings and systems that have 

23 been added to or altered. 

24 ‘‘(B) UPDATES.—Not later than 1 year 

25 after the date of approval of each subsequent 


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1 revision of the ASHRAE Standard or the Inter2 national Energy Conservation Code, as appro3 priate, the Secretary shall determine whether 

4 the revised standards established under sub5 paragraph (A) should be updated to reflect the 

6 revisions, based on the energy savings and life7 cycle cost-effectiveness of the revisions.’’; and 

8 (2) in subparagraph (C), by striking ‘‘(C) In 

9 the budget request’’ and inserting the following: 

10 ‘‘(C) BUDGET REQUEST.—In the budget 

11 request’’. 

12 SEC. 1116. FEDERAL BUILDING ENERGY INTENSITY IM13 PROVEMENT. 

14 Beginning in fiscal year 2018 and each fiscal year 

15 thereafter through fiscal year 2027, the head of each Fed16 eral agency shall, unless otherwise specified and where 

17 life-cycle cost-effective, promote building energy conserva18 tion, efficiency, and management by reducing, in Federal 

19 buildings of the agency, building energy intensity, as 

20 measured in British thermal units per gross square foot, 

21 by 2.5 percent each fiscal year, relative to the baseline 

22 of the building energy use of the applicable Federal build23 ings in fiscal year 2017 and after taking into account the 

24 progress of the Federal agency in preceding fiscal years. 


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1 SEC. 1117. CERTIFICATION FOR GREEN BUILDINGS. 

2 Section 305 of the Energy Conservation and Produc3 tion Act (42 U.S.C. 6834) (as amended by section 

4 1115(b)) is amended— 

5 (1) in subsection (a)(3), by adding at the end 

6 the following: 

7 ‘‘(D) CERTIFICATION FOR GREEN BUILD8 INGS.— 

9 ‘‘(i) SUSTAINABLE DESIGN PRIN10 CIPLES.—Sustainable design principles 

11 shall be applied to the siting, design, and 

12 construction of buildings covered by this 

13 subparagraph. 

14 ‘‘(ii) SELECTION OF CERTIFICATION

15 SYSTEMS.—The Secretary, after reviewing 

16 the findings of the Federal Director under 

17 section 436(h) of the Energy Independence 

18 and Security Act of 2007 (42 U.S.C. 

19 17092(h)), in consultation with the Admin20 istrator of General Services, and in con21 sultation with the Secretary of Defense re22 lating to those facilities under the custody 

23 and control of the Department of Defense, 

24 shall determine those certification systems 

25 for green commercial and residential build26 ings that the Secretary determines to be 


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1 the most likely to encourage a comprehen2 sive and environmentally sound approach 

3 to certification of green buildings. 

4 ‘‘(iii) BASIS FOR SELECTION.—The 

5 determination of the certification systems 

6 under clause (ii) shall be based on ongoing 

7 review of the findings of the Federal Direc8 tor under section 436(h) of the Energy 

9 Independence and Security Act of 2007 

10 (42 U.S.C. 17092(h)) and the criteria de11 scribed in clause (v). 

12 ‘‘(iv) ADMINISTRATION.—In deter13 mining certification systems under this 

14 subparagraph, the Secretary shall— 

15 ‘‘(I) make a separate determina16 tion for all or part of each system; 

17 and 

18 ‘‘(II) confirm that the criteria 

19 used to support the selection of build20 ing products, materials, brands, and 

21 technologies— 

22 ‘‘(aa) are based on relevant 

23 technical data; 

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1 ronmental risks and impacts 

2 across the lifecycle of the build3 ing product, material, brand, or 

4 technology, including methodolo5 gies generally accepted by the ap6 plicable scientific disciplines; 

7 ‘‘(cc) as reasonably prac8 ticable, give a preference to per9 formance standards instead of 

10 prescriptive measures; and 

11 ‘‘(dd) reward continual im12 provements in the lifecycle man13 agement of health, safety, and 

14 environmental risks and impacts. 

15 ‘‘(v) CONSIDERATIONS.—In deter16 mining the green building certification sys17 tems under this subparagraph, the Sec18 retary shall take into consideration— 

19 ‘‘(I) the ability and availability of 

20 assessors and auditors to independ21 ently verify the criteria and measure22 ment of metrics at the scale necessary 

23 to implement this subparagraph; 


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1 ‘‘(II) the ability of the applicable 

2 certification organization to collect 

3 and reflect public comment; 

4 ‘‘(III) the ability of the standard 

5 to be developed and revised through a 

6 consensus-based process; 

7 ‘‘(IV) an evaluation of the 

8 robustness of the criteria for a high9 performance green building, which 

10 shall give credit for promoting— 

11 ‘‘(aa) efficient and sustain12 able use of water, energy, and 

13 other natural resources; 

14 ‘‘(bb) the use of renewable 

15 energy sources; 

16 ‘‘(cc) improved indoor envi17 ronmental quality through en18 hanced indoor air quality, ther19 mal comfort, acoustics, day light20 ing, pollutant source control, and 

21 use of low-emission materials and 

22 building system controls; 

23 ‘‘(dd)(AA) respecting the 

24 sourcing of grown, harvested, or 

25 mined materials; and 


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1 ‘‘(BB) rewarding cer2 tifications of responsible 

3 sourcing, such as certifi4 cations provided by the For5 est Stewardship Council, the 

6 Sustainable Forestry Initia7 tive, the American Tree 

8 Farm System, and the Pro9 gramme for the Endorse10 ment of Forest Certification; 

11 and 

12 ‘‘(ee) such other criteria as 

13 the Secretary determines to be 

14 appropriate; and 

15 ‘‘(V) national recognition within 

16 the building industry. 

17 ‘‘(vi) REVIEW.—The Secretary, in 

18 consultation with the Administrator of 

19 General Services and the Secretary of De20 fense, shall conduct an ongoing review to 

21 evaluate and compare private sector green 

22 building certification systems, taking into 

23 account— 

24 ‘‘(I) the criteria described in 

25 clause (v); and 


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1 ‘‘(II) the identification made by 

2 the Federal Director under section 

3 436(h) of the Energy Independence 

4 and Security Act of 2007 (42 U.S.C. 

5 17092(h)). 

6 ‘‘(vii) EXCLUSIONS.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subclause (II), if a certification sys9 tem fails to meet the review require10 ments of clause (v), the Secretary 

11 shall— 

12 ‘‘(aa) identify the portions 

13 of the system, whether pre14 requisites, credits, points, or oth15 erwise, that meet the review cri16 teria of clause (v); 

17 ‘‘(bb) determine the portions 

18 of the system that are suitable 

19 for use; and 

20 ‘‘(cc) exclude all other por21 tions of the system from identi22 fication and use. 

23 ‘‘(II) ENTIRE SYSTEMS.—The 

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1 tem from use if an exclusion under 

2 subclause (I)— 

3 ‘‘(aa) impedes the integrated 

4 use of the system; 

5 ‘‘(bb) creates disparate re6 view criteria or unequal point ac7 cess for competing materials; or 

8 ‘‘(cc) increases agency costs 

9 of the use. 

10 ‘‘(viii) INTERNAL CERTIFICATION

11 PROCESSES.—The Secretary may by rule 

12 allow Federal agencies to develop internal 

13 certification processes, using certified pro14 fessionals, in lieu of certification by certifi15 cation entities identified under clause (ii). 

16 ‘‘(ix) PRIVATIZED MILITARY HOUS17 ING.—With respect to privatized military 

18 housing, the Secretary of Defense, after 

19 consultation with the Secretary may, 

20 through rulemaking, develop alternative 

21 certification systems and levels than the 

22 systems and levels identified under clause 

23 (ii) that achieve an equivalent result in 

24 terms of energy savings, sustainable de25 sign, and green building performance. 


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1 ‘‘(x) WATER CONSERVATION TECH2 NOLOGIES.—In addition to any use of 

3 water conservation technologies otherwise 

4 required by this section, water conservation 

5 technologies shall be applied to the extent 

6 that the technologies are life-cycle cost-ef7 fective. 

8 ‘‘(xi) EFFECTIVE DATE.— 

9 ‘‘(I) DETERMINATIONS MADE

10 AFTER DECEMBER 31, 2017.—This 

11 subparagraph shall apply to any de12 termination made by a Federal agency 

13 after December 31, 2017. 

14 ‘‘(II) DETERMINATIONS MADE ON

15 OR BEFORE DECEMBER 31, 2017.— 

16 This subparagraph (as in effect on the 

17 day before the date of enactment of 

18 the Energy and Natural Resources 

19 Act of 2017) shall apply to any use of 

20 a certification system for green com21 mercial and residential buildings by a 

22 Federal agency on or before December 

23 31, 2017.’’; and 

24 (2) by striking subsections (c) and (d) and in25 serting the following: 


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1 ‘‘(c) PERIODIC REVIEW.—The Secretary shall— 

2 ‘‘(1) once every 5 years, review the Federal 

3 building energy standards established under this sec4 tion; and 

5 ‘‘(2) on completion of a review under paragraph 

6 (1), if the Secretary determines that significant en7 ergy savings would result, upgrade the standards to 

8 include all new energy efficiency and renewable en9 ergy measures that are technologically feasible and 

10 economically justified.’’. 

11 SEC. 1118. HIGH-PERFORMANCE GREEN FEDERAL BUILD12 INGS. 

13 Section 436(h) of the Energy Independence and Se14 curity Act of 2007 (42 U.S.C. 17092(h)) is amended— 

15 (1) in the subsection heading, by striking ‘‘Sys16 tem’’ and inserting ‘‘Systems’’; 

17 (2) by striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) IN GENERAL.—Based on an ongoing re20 view, the Federal Director shall identify and shall 

21 provide to the Secretary pursuant to section 

22 305(a)(3)(D) of the Energy Conservation and Pro23 duction Act (42 U.S.C. 6834(a)(3)(D)), a list of 

24 those certification systems that the Director identi25 fies as the most likely to encourage a comprehensive 


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1 and environmentally sound approach to certification 

2 of green buildings.’’; and 

3 (3) in paragraph (2)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘system’’ and inserting ‘‘sys6 tems’’; 

7 (B) by striking subparagraph (A) and in8 serting the following: 

9 ‘‘(A) an ongoing review provided to the 

10 Secretary pursuant to section 305(a)(3)(D) of 

11 the Energy Conservation and Production Act 

12 (42 U.S.C. 6834(a)(3)(D)), which shall— 

13 ‘‘(i) be carried out by the Federal Di14 rector to compare and evaluate standards; 

15 and 

16 ‘‘(ii) allow any developer or adminis17 trator of a rating system or certification 

18 system to be included in the review;’’; 

19 (C) in subparagraph (E)(v), by striking 

20 ‘‘and’’ after the semicolon at the end; 

21 (D) in subparagraph (F), by striking the 

22 period at the end and inserting a semicolon; 

23 and 

24 (E) by adding at the end the following: 


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1 ‘‘(G) a finding that, for all credits address2 ing the sourcing of grown, harvested, or mined 

3 materials, the system rewards the use of prod4 ucts that have obtained certifications of respon5 sible sourcing, such as the certifications pro6 vided by the Forest Stewardship Council, the 

7 Sustainable Forestry Initiative, the American 

8 Tree Farm System, and the Programme for the 

9 Endorsement of Forest Certification; and 

10 ‘‘(H) a finding that the system incor11 porates life-cycle assessment as a credit path12 way.’’. 

13 SEC. 1119. EVALUATION OF POTENTIALLY DUPLICATIVE 

14 GREEN BUILDING PROGRAMS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ADMINISTRATIVE EXPENSES.— 

17 (A) IN GENERAL.—The term ‘‘administra18 tive expenses’’ has the meaning given the term 

19 by the Director of the Office of Management 

20 and Budget under section 504(b)(2) of the En21 ergy and Water Development and Related 

22 Agencies Appropriations Act, 2010 (31 U.S.C. 

23 1105 note; Public Law 111–85). 


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1 (B) INCLUSIONS.—The term ‘‘administra2 tive expenses’’ includes, with respect to an 

3 agency— 

4 (i) costs incurred by— 

5 (I) the agency; or 

6 (II) any grantee, subgrantee, or 

7 other recipient of funds from a grant 

8 program or other program adminis9 tered by the agency; and 

10 (ii) expenses relating to personnel sal11 aries and benefits, property management, 

12 travel, program management, promotion, 

13 reviews and audits, case management, and 

14 communication regarding, promotion of, 

15 and outreach for programs and program 

16 activities administered by the agency. 

17 (2) APPLICABLE PROGRAM.—The term ‘‘appli18 cable program’’ means any program that is— 

19 (A) listed in Table 9 (pages 348–350) of 

20 the report of the Government Accountability 

21 Office entitled ‘‘2012 Annual Report: Opportu22 nities to Reduce Duplication, Overlap and 

23 Fragmentation, Achieve Savings, and Enhance 

24 Revenue’’; and 

25 (B) administered by— 


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1 (i) the Secretary; 

2 (ii) the Secretary of Agriculture; 

3 (iii) the Secretary of Defense; 

4 (iv) the Secretary of Education; 

5 (v) the Secretary of Health and 

6 Human Services; 

7 (vi) the Secretary of Housing and 

8 Urban Development; 

9 (vii) the Secretary of Transportation; 

10 (viii) the Secretary of the Treasury; 

11 (ix) the Administrator of the Environ12 mental Protection Agency; 

13 (x) the Director of the National Insti14 tute of Standards and Technology; or 

15 (xi) the Administrator of the Small 

16 Business Administration. 

17 (3) COMPTROLLER GENERAL.—The term 

18 ‘‘Comptroller General’’ means the Comptroller Gen19 eral of the United States. 

20 (4) SERVICE.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the term ‘‘service’’ has the meaning 

23 given the term by the Director of the Office of 

24 Management and Budget. 


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1 (B) REQUIREMENTS.—For purposes of 

2 subparagraph (A), the term ‘‘service’’ shall be 

3 limited to activities, assistance, or other aid 

4 that provides a direct benefit to a recipient, 

5 such as— 

6 (i) the provision of technical assist7 ance; 

8 (ii) assistance for housing or tuition; 

9 or 

10 (iii) financial support (including 

11 grants, loans, tax credits, and tax deduc12 tions). 

13 (b) REPORT.— 

14 (1) IN GENERAL.—Not later than January 1, 

15 2018, the Comptroller General, in consultation with 

16 the agency heads described in clauses (i) through 

17 (xi) of subsection (a)(2)(B), shall submit to Con18 gress and make available on the public Internet 

19 website of the Government Accountability Office a 

20 report that describes the applicable programs. 

21 (2) REQUIREMENTS.—In preparing the report 

22 under paragraph (1), the Comptroller General 

23 shall— 


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1 (A) determine the approximate annual 

2 total administrative expenses of each applicable 

3 program attributable to green buildings; 

4 (B) determine the approximate annual ex5 penditures for services for each applicable pro6 gram attributable to green buildings; 

7 (C) describe the intended market for each 

8 applicable program attributable to green build9 ings, including the— 

10 (i) estimated the number of clients 

11 served by each applicable program; and 

12 (ii) beneficiaries who received services 

13 or information under the applicable pro14 gram (if applicable and if data is readily 

15 available); 

16 (D) estimate— 

17 (i) the number of full-time employees 

18 who administer activities attributable to 

19 green buildings for each applicable pro20 gram; and 

21 (ii) the number of full-time equiva22 lents (the salary of whom is paid in part 

23 or full by the Federal Government through 

24 a grant or contract, a subaward of a grant 

25 or contract, a cooperative agreement, or 


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1 another form of financial award or assist2 ance) who assist in administering activities 

3 attributable to green buildings for the ap4 plicable program; 

5 (E) briefly describe the type of services 

6 each applicable program provides attributable 

7 to green buildings, such as information, grants, 

8 technical assistance, loans, tax credits, or tax 

9 deductions; 

10 (F) identify the type of recipient who is in11 tended to benefit from the services or informa12 tion provided under the applicable program at13 tributable to green buildings, such as individual 

14 property owners or renters, local governments, 

15 businesses, nonprofit organizations, or State 

16 governments; and 

17 (G) identify whether written program goals 

18 are available for each applicable program. 

19 (c) RECOMMENDATIONS.—Not later than January 1, 

20 2018, the Comptroller General, in consultation with the 

21 agency heads described in clauses (i) through (xi) of sub22 section (a)(2)(B), shall submit to Congress a report that 

23 includes— 

24 (1) a recommendation of whether any applicable 

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1 cluding any legislative changes that would be nec2 essary to eliminate or consolidate applicable pro3 grams; and 

4 (2) methods to improve the applicable programs 

5 by establishing program goals or increasing collabo6 ration to reduce any potential overlap or duplication, 

7 taking into account— 

8 (A) the 2011 report of the Government Ac9 countability Office entitled ‘‘Federal Initiatives 

10 for the NonFederal Sector Could Benefit from 

11 More Interagency Collaboration’’; and 

12 (B) the report of the Government Account13 ability Office entitled ‘‘2012 Annual Report: 

14 Opportunities to Reduce Duplication, Overlap 

15 and Fragmentation, Achieve Savings, and En16 hance Revenue’’. 

17 (d) ANALYSES.—Not later than January 1, 2018, the 

18 Comptroller General, in consultation with the agency 

19 heads described in clauses (i) through (xi) of subsection 

20 (a)(2)(B), shall identify— 

21 (1) which applicable programs were specifically 

22 authorized by Congress; and 

23 (2) which applicable programs are carried out 

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1 retary or any agency head described in clauses (ii) 

2 through (xi) of subsection (a)(2)(B). 

3 SEC. 1120. STUDY AND REPORT ON ENERGY SAVINGS BENE4 FITS OF OPERATIONAL EFFICIENCY PRO5 GRAMS AND SERVICES. 

6 (a) DEFINITION OF OPERATIONAL EFFICIENCY PRO7 GRAMS AND SERVICES.—In this section, the term ‘‘oper8 ational efficiency programs and services’’ means programs 

9 and services that use information and communications 

10 technologies (including computer hardware, energy effi11 ciency software, and power management tools) to operate 

12 buildings and equipment in the optimum manner at the 

13 optimum times. 

14 (b) STUDY AND REPORT.—Not later than 1 year 

15 after the date of enactment of this Act, the Secretary shall 

16 conduct a study and issue a report that quantifies the po17 tential energy savings of operational efficiency programs 

18 and services for commercial, institutional, industrial, and 

19 governmental entities, including Federal agencies. 

20 (c) MEASUREMENT AND VERIFICATION OF ENERGY

21 SAVINGS.—The report required under this section shall in22 clude potential methodologies or protocols for utilities, 

23 utility regulators, and Federal agencies to evaluate, meas24 ure, and verify energy savings from operational efficiency 

25 programs and services. 


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1 SEC. 1121. USE OF FEDERAL DISASTER RELIEF AND EMER2 GENCY ASSISTANCE FOR ENERGY-EFFICIENT 

3 PRODUCTS AND STRUCTURES. 

4 (a) IN GENERAL.—Title III of the Robert T. Stafford 

5 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

6 5141 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 328. USE OF ASSISTANCE FOR ENERGY-EFFICIENT 

9 PRODUCTS AND STRUCTURES. 

10 ‘‘(a) DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘energy-efficient product’ means a 

12 product that— 

13 ‘‘(A) meets or exceeds the requirements for 

14 designation under an Energy Star program es15 tablished under section 324A of the Energy 

16 Policy and Conservation Act (42 U.S.C. 

17 6294a); or 

18 ‘‘(B) meets or exceeds the requirements for 

19 designation as being among the highest 25 per20 cent of equivalent products for energy efficiency 

21 under the Federal Energy Management Pro22 gram; and 

23 ‘‘(2) the term ‘energy-efficient structure’ means 

24 a residential structure, a public facility, or a private 

25 nonprofit facility that meets or exceeds the require26 ments of Standard 90.1–2013 of the American SociVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ety of Heating, Refrigerating and Air-Conditioning 

2 Engineers or the 2015 International Energy Con3 servation Code, or any successor thereto. 

4 ‘‘(b) USE OF ASSISTANCE.—A recipient of assistance 

5 relating to a major disaster or emergency may use the as6 sistance to replace or repair a damaged product or struc7 ture with an energy-efficient product or energy-efficient 

8 structure.’’. 

9 (b) APPLICABILITY.—The amendment made by this 

10 section shall apply to assistance made available under the 

11 Robert T. Stafford Disaster Relief and Emergency Assist12 ance Act (42 U.S.C. 5121 et seq.) before, on, or after the 

13 date of enactment of this Act that is expended on or after 

14 the date of enactment of this Act. 

15 SEC. 1122. WATERSENSE. 

16 (a) IN GENERAL.—Part B of title III of the Energy 

17 Policy and Conservation Act is amended by adding after 

18 section 324A (42 U.S.C. 6294a) the following: 

19 ‘‘SEC. 324B. WATERSENSE. 

20 ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO21 GRAM.— 

22 ‘‘(1) IN GENERAL.—There is established within 

23 the Environmental Protection Agency a voluntary 

24 WaterSense program to identify and promote water25 efficient products, buildings, landscapes, facilities, 


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1 processes, and services that, through voluntary label2 ing of, or other forms of communications regarding, 

3 products, buildings, landscapes, facilities, processes, 

4 and services while meeting strict performance cri5 teria, sensibly— 

6 ‘‘(A) reduce water use; 

7 ‘‘(B) reduce the strain on public and com8 munity water systems and wastewater and 

9 stormwater infrastructure; 

10 ‘‘(C) conserve energy used to pump, heat, 

11 transport, and treat water; and 

12 ‘‘(D) preserve water resources for future 

13 generations. 

14 ‘‘(2) INCLUSIONS.—The Administrator of the 

15 Environmental Protection Agency (referred to in 

16 this section as the ‘Administrator’) shall, consistent 

17 with this section, identify water-efficient products, 

18 buildings, landscapes, facilities, processes, and serv19 ices, including categories such as— 

20 ‘‘(A) irrigation technologies and services; 

21 ‘‘(B) point-of-use water treatment devices; 

22 ‘‘(C) plumbing products; 

23 ‘‘(D) reuse and recycling technologies; 


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1 ‘‘(E) landscaping and gardening products, 

2 including moisture control or water enhancing 

3 technologies; 

4 ‘‘(F) xeriscaping and other landscape con5 versions that reduce water use; 

6 ‘‘(G) whole house humidifiers; and 

7 ‘‘(H) water-efficient buildings or facilities. 

8 ‘‘(b) DUTIES.—The Administrator, coordinating as 

9 appropriate with the Secretary, shall— 

10 ‘‘(1) establish— 

11 ‘‘(A) a WaterSense label to be used for 

12 items meeting the certification criteria estab13 lished in accordance with this section; and 

14 ‘‘(B) the procedure, including the methods 

15 and means, and criteria by which an item may 

16 be certified to display the WaterSense label, 

17 minimizing unintended or negative impacts to 

18 wastewater treatment works, recycled water 

19 quality, or water quality in receiving water; 

20 ‘‘(2) enhance public awareness regarding the 

21 WaterSense label through outreach, education, and 

22 other means; 

23 ‘‘(3) preserve the integrity of the WaterSense 

24 label by— 


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1 ‘‘(A) establishing and maintaining feasible 

2 performance criteria so that products, build3 ings, landscapes, facilities, processes, and serv4 ices labeled with the WaterSense label perform 

5 as well or better than less water-efficient coun6 terparts; 

7 ‘‘(B) overseeing WaterSense certifications 

8 made by third parties; 

9 ‘‘(C) as determined appropriate by the Ad10 ministrator, using testing protocols, from the 

11 appropriate, applicable, and relevant consensus 

12 standards, for the purpose of determining 

13 standards compliance; and 

14 ‘‘(D) auditing the use of the WaterSense 

15 label in the marketplace and preventing cases of 

16 misuse; 

17 ‘‘(4) not more often than 6 years after adoption 

18 or major revision of any WaterSense specification, 

19 review and, if appropriate, revise the specification to 

20 achieve additional water savings; 

21 ‘‘(5) in revising a WaterSense specification— 

22 ‘‘(A) provide reasonable notice to inter23 ested parties and the public of any changes, in24 cluding effective dates, and an explanation of 

25 the changes; 


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1 ‘‘(B) solicit comments from interested par2 ties and the public prior to any changes; 

3 ‘‘(C) as appropriate, respond to comments 

4 submitted by interested parties and the public; 

5 and 

6 ‘‘(D) provide an appropriate transition 

7 time prior to the applicable effective date of any 

8 changes, taking into account the timing nec9 essary for the manufacture, marketing, train10 ing, and distribution of the specific water-effi11 cient product, building, landscape, process, or 

12 service category being addressed; and 

13 ‘‘(6) not later than December 31, 2019, con14 sider for review and revision any WaterSense speci15 fication adopted before January 1, 2012. 

16 ‘‘(c) TRANSPARENCY.—The Administrator shall, to 

17 the maximum extent practicable and not less than annu18 ally, regularly estimate and make available to the public 

19 the production and relative market shares and savings of 

20 water, energy, and capital costs of water, wastewater, and 

21 stormwater attributable to the use of WaterSense-labeled 

22 products, buildings, landscapes, facilities, processes, and 

23 services. 

24 ‘‘(d) DISTINCTION OF AUTHORITIES.—In setting or 

25 maintaining specifications for Energy Star pursuant to 


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1 section 324A, and WaterSense under this section, the Sec2 retary and Administrator shall coordinate to prevent du3 plicative or conflicting requirements among the respective 

4 programs. 

5 ‘‘(e) NO WARRANTY.—A WaterSense label shall not 

6 create an express or implied warranty.’’. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents for the Energy Policy and Conservation Act (42 

9 U.S.C. prec. 6201) is amended by inserting after the item 

10 relating to section 324A the following: 

‘‘Sec. 324B. WaterSense.’’. 

11 Subtitle B—Appliances 

12 SEC. 1201. EXTENDED PRODUCT SYSTEM REBATE PRO13 GRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ELECTRIC MOTOR.—The term ‘‘electric 

16 motor’’ has the meaning given the term in section 

17 431.12 of title 10, Code of Federal Regulations (as 

18 in effect on the date of enactment of this Act). 

19 (2) ELECTRONIC CONTROL.—The term ‘‘elec20 tronic control’’ means— 

21 (A) a power converter; or 

22 (B) a combination of a power circuit and 

23 control circuit included on 1 chassis. 

24 (3) EXTENDED PRODUCT SYSTEM.—The term 

25 ‘‘extended product system’’ means an electric motor 


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1 and any required associated electronic control and 

2 driven load that— 

3 (A) offers variable speed or multispeed op4 eration; 

5 (B) offers partial load control that reduces 

6 input energy requirements (as measured in kilo7 watt-hours) as compared to identified base lev8 els set by the Secretary; and 

9 (C)(i) has greater than 1 horsepower; and 

10 (ii) uses an extended product system tech11 nology, as determined by the Secretary. 

12 (4) QUALIFIED EXTENDED PRODUCT SYS13 TEM.— 

14 (A) IN GENERAL.—The term ‘‘qualified ex15 tended product system’’ means an extended 

16 product system that— 

17 (i) includes an electric motor and an 

18 electronic control; and 

19 (ii) reduces the input energy (as 

20 measured in kilowatt-hours) required to 

21 operate the extended product system by 

22 not less than 5 percent, as compared to 

23 identified base levels set by the Secretary. 


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1 (B) INCLUSIONS.—The term ‘‘qualified ex2 tended product system’’ includes commercial or 

3 industrial machinery or equipment that— 

4 (i)(I) did not previously make use of 

5 the extended product system prior to the 

6 redesign described in subclause (II); and 

7 (II) incorporates an extended product 

8 system that has greater than 1 horsepower 

9 into redesigned machinery or equipment; 

10 and 

11 (ii) was previously used prior to, and 

12 was placed back into service during, cal13 endar year 2017 or 2018. 

14 (b) ESTABLISHMENT.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary shall es16 tablish a program to provide rebates for expenditures 

17 made by qualified entities for the purchase or installation 

18 of a qualified extended product system. 

19 (c) QUALIFIED ENTITIES.— 

20 (1) ELIGIBILITY REQUIREMENTS.—A qualified 

21 entity under this section shall be— 

22 (A) in the case of a qualified extended 

23 product system described in subsection 

24 (a)(4)(A), the purchaser of the qualified ex25 tended product that is installed; and 


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1 (B) in the case of a qualified extended 

2 product system described in subsection 

3 (a)(4)(B), the manufacturer of the commercial 

4 or industrial machinery or equipment that in5 corporated the extended product system into 

6 that machinery or equipment. 

7 (2) APPLICATION.—To be eligible to receive a 

8 rebate under this section, a qualified entity shall 

9 submit to the Secretary— 

10 (A) an application in such form, at such 

11 time, and containing such information as the 

12 Secretary may require; and 

13 (B) a certification that includes dem14 onstrated evidence— 

15 (i) that the entity is a qualified entity; 

16 and 

17 (ii)(I) in the case of a qualified entity 

18 described in paragraph (1)(A)— 

19 (aa) that the qualified entity in20 stalled the qualified extended product 

21 system during the 2 fiscal years fol22 lowing the date of enactment of this 

23 Act; 


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1 (bb) that the qualified extended 

2 product system meets the require3 ments of subsection (a)(4)(A); and 

4 (cc) showing the serial number, 

5 manufacturer, and model number 

6 from the nameplate of the installed 

7 motor of the qualified entity on which 

8 the qualified extended product system 

9 was installed; or 

10 (II) in the case of a qualified entity 

11 described in paragraph (1)(B)— 

12 (aa) that the qualified extended 

13 product system meets the require14 ments of subsection (a)(4)(B); and 

15 (bb) showing the serial number, 

16 manufacturer, and model number 

17 from the nameplate of the installed 

18 motor of the qualified entity with 

19 which the extended product system is 

20 integrated. 

21 (d) AUTHORIZED AMOUNT OF REBATE.— 

22 (1) IN GENERAL.—The Secretary may provide 

23 to a qualified entity a rebate in an amount equal to 

24 the product obtained by multiplying— 


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1 (A) an amount equal to the sum of the 

2 nameplate rated horsepower of— 

3 (i) the electric motor to which the 

4 qualified extended product system is at5 tached; and 

6 (ii) the electronic control; and 

7 (B) $25. 

8 (2) MAXIMUM AGGREGATE AMOUNT.—A quali9 fied entity shall not be entitled to aggregate rebates 

10 under this section in excess of $25,000 per calendar 

11 year. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $5,000,000 for each of the first 2 full fiscal years following 

15 the date of enactment of this Act, to remain available until 

16 expended. 

17 SEC. 1202. ENERGY EFFICIENT TRANSFORMER REBATE 

18 PROGRAM. 

19 (a) DEFINITIONS.—In this section: 

20 (1) QUALIFIED ENERGY EFFICIENT TRANS21 FORMER.—The term ‘‘qualified energy efficient 

22 transformer’’ means a transformer that meets or ex23 ceeds the applicable energy conservation standards 

24 described in the tables in subsection (b)(2) and 

25 paragraphs (1) and (2) of subsection (c) of section 


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1 431.196 of title 10, Code of Federal Regulations (as 

2 in effect on the date of enactment of this Act). 

3 (2) QUALIFIED ENERGY INEFFICIENT TRANS4 FORMER.—The term ‘‘qualified energy inefficient 

5 transformer’’ means a transformer with an equal 

6 number of phases and capacity to a transformer de7 scribed in any of the tables in subsection (b)(2) and 

8 paragraphs (1) and (2) of subsection (c) of section 

9 431.196 of title 10, Code of Federal Regulations (as 

10 in effect on the date of enactment of this Act) 

11 that— 

12 (A) does not meet or exceed the applicable 

13 energy conservation standards described in 

14 paragraph (1); and 

15 (B)(i) was manufactured between January 

16 1, 1985, and December 31, 2006, for a trans17 former with an equal number of phases and ca18 pacity as a transformer described in the table 

19 in subsection (b)(2) of section 431.196 of title 

20 10, Code of Federal Regulations (as in effect on 

21 the date of enactment of this Act); or 

22 (ii) was manufactured between January 1, 

23 1990, and December 31, 2009, for a trans24 former with an equal number of phases and ca25 pacity as a transformer described in the table 


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1 in paragraph (1) or (2) of subsection (c) of that 

2 section (as in effect on the date of enactment 

3 of this Act). 

4 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

5 entity’’ means an owner of industrial or manufac6 turing facilities, commercial buildings, or multifamily 

7 residential buildings, a utility, or an energy service 

8 company that fulfills the requirements of subsection 

9 (d). 

10 (b) ESTABLISHMENT.—Not later than 90 days after 

11 the date of enactment of this Act, the Secretary shall es12 tablish a program to provide rebates to qualified entities 

13 for expenditures made by the qualified entity for the re14 placement of a qualified energy inefficient transformer 

15 with a qualified energy efficient transformer. 

16 (c) REQUIREMENTS.—To be eligible to receive a re17 bate under this section, an entity shall submit to the Sec18 retary an application in such form, at such time, and con19 taining such information as the Secretary may require, in20 cluding demonstrated evidence— 

21 (1) that the entity purchased a qualified energy 

22 efficient transformer; 

23 (2) of the core loss value of the qualified energy 

24 efficient transformer; 


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1 (3) of the age of the qualified energy inefficient 

2 transformer being replaced; 

3 (4) of the core loss value of the qualified energy 

4 inefficient transformer being replaced— 

5 (A) as measured by a qualified professional 

6 or verified by the equipment manufacturer, as 

7 applicable; or 

8 (B) for transformers described in sub9 section (a)(2)(B)(i), as selected from a table of 

10 default values as determined by the Secretary 

11 in consultation with applicable industry; and 

12 (5) that the qualified energy inefficient trans13 former has been permanently decommissioned and 

14 scrapped. 

15 (d) AUTHORIZED AMOUNT OF REBATE.—The 

16 amount of a rebate provided under this section shall be— 

17 (1) for a 3-phase or single-phase transformer 

18 with a capacity of not less than 10 and not greater 

19 than 2,500 kilovolt-amperes, twice the amount equal 

20 to the difference in Watts between the core loss 

21 value (as measured in accordance with paragraphs 

22 (2) and (4) of subsection (c)) of— 

23 (A) the qualified energy inefficient trans24 former; and 


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1 (B) the qualified energy efficient trans2 former; or 

3 (2) for a transformer described in subsection 

4 (a)(2)(B)(i), the amount determined using a table of 

5 default rebate values by rated transformer output, 

6 as measured in kilovolt-amperes, as determined by 

7 the Secretary in consultation with applicable indus8 try. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $5,000,000 for each of fiscal years 2018 and 2019, to re12 main available until expended. 

13 (f) TERMINATION OF EFFECTIVENESS.—The author14 ity provided by this section terminates on December 31, 

15 2019. 

16 SEC. 1203. THIRD-PARTY CERTIFICATION UNDER ENERGY 

17 STAR PROGRAM. 

18 Section 324A of the Energy Policy and Conservation 

19 Act (42 U.S.C. 6294a) is amended by adding at the end 

20 the following: 

21 ‘‘(e) THIRD-PARTY CERTIFICATION.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 not later than 180 days after the date of enactment 

24 of this subsection, the Administrator shall revise the 

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1 sumer, home, and office electronic products for pro2 gram partners that have complied with all require3 ments of the Energy Star program for a period of 

4 at least 18 months. 

5 ‘‘(2) ADMINISTRATION.—In the case of a pro6 gram partner described in paragraph (1), the new 

7 requirements under paragraph (1)— 

8 ‘‘(A) shall not require third-party certifi9 cation for a product to be listed; but 

10 ‘‘(B) may require that test data and other 

11 product information be submitted to facilitate 

12 product listing and performance verification for 

13 a sample of products. 

14 ‘‘(3) THIRD PARTIES.—Nothing in this sub15 section prevents the Administrator from using third 

16 parties in the course of the administration of the 

17 Energy Star program. 

18 ‘‘(4) TERMINATION.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), an exemption from third-party cer21 tification provided to a program partner under 

22 paragraph (1) shall terminate if the program 

23 partner is found to have violated program re24 quirements with respect to at least 2 separate 

25 models during a 2-year period. 


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1 ‘‘(B) RESUMPTION.—A termination for a 

2 program partner under subparagraph (A) shall 

3 cease if the program partner complies with all 

4 Energy Star program requirements for a period 

5 of at least 3 years.’’. 

6 SEC. 1204. APPLICATION OF ENERGY CONSERVATION 

7 STANDARDS TO CERTAIN EXTERNAL POWER 

8 SUPPLIES. 

9 (a) DEFINITION OF EXTERNAL POWER SUPPLY.— 

10 Section 321(36)(A) of the Energy Policy and Conservation 

11 Act (42 U.S.C. 6291(36)(A)) is amended— 

12 (1) by striking the subparagraph designation 

13 and all that follows through ‘‘The term’’ and insert14 ing the following: 

15 ‘‘(A) EXTERNAL POWER SUPPLY.— 

16 ‘‘(i) IN GENERAL.—The term’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(ii) EXCLUSION.—The term ‘external 

19 power supply’ does not include a power 

20 supply circuit, driver, or device that is de21 signed exclusively to be connected to, and 

22 power— 

23 ‘‘(I) light-emitting diodes pro24 viding illumination; 


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1 ‘‘(II) organic light-emitting di2 odes providing illumination; or 

3 ‘‘(III) ceiling fans using direct 

4 current motors.’’. 

5 (b) STANDARDS FOR LIGHTING POWER SUPPLY CIR6 CUITS.— 

7 (1) DEFINITION.—Section 340(2)(B) of the 

8 Energy Policy and Conservation Act (42 U.S.C. 

9 6311(2)(B)) is amended by striking clause (v) and 

10 inserting the following: 

11 ‘‘(v) electric lights and lighting power 

12 supply circuits;’’. 

13 (2) ENERGY CONSERVATION STANDARD FOR

14 CERTAIN EQUIPMENT.—Section 342 of the Energy 

15 Policy and Conservation Act (42 U.S.C. 6313) is 

16 amended by adding at the end the following: 

17 ‘‘(g) LIGHTING POWER SUPPLY CIRCUITS.—If the 

18 Secretary, acting pursuant to section 341(b), includes as 

19 a covered equipment solid state lighting power supply cir20 cuits, drivers, or devices described in section 

21 321(36)(A)(ii), the Secretary may prescribe under this 

22 part, not earlier than 1 year after the date on which a 

23 test procedure has been prescribed, an energy conservation 

24 standard for such equipment.’’. 

25 (c) TECHNICAL CORRECTIONS.— 


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1 (1) Section 321(6)(B) of the Energy Policy and 

2 Conservation Act (42 U.S.C. 6291(6)(B)) is amend3 ed by striking ‘‘(19)’’ and inserting ‘‘(20)’’. 

4 (2) Section 324 of the Energy Policy and Con5 servation Act (42 U.S.C. 6294) is amended by strik6 ing ‘‘(19)’’ each place it appears in each of sub7 sections (a)(3), (b)(1)(B), (b)(3), and (b)(5) and in8 serting ‘‘(20)’’. 

9 (3) Section 325(l) of the Energy Policy and 

10 Conservation Act (42 U.S.C. 6295(l)) is amended by 

11 striking ‘‘paragraph (19)’’ each place it appears and 

12 inserting ‘‘paragraph (20)’’. 

13 SEC. 1205. CLARIFICATION TO EFFECTIVE DATE FOR RE14 GIONAL STANDARDS. 

15 Section 325(o)(6)(E) of the Energy Policy and Con16 servation Act (42 U.S.C. 6295(o)(6)(E)) is amended by 

17 striking clause (ii) and inserting the following: 

18 ‘‘(ii) REGIONAL STANDARDS.— 

19 ‘‘(I) IN GENERAL.—Except as 

20 provided in subclause (II), any addi21 tional and more restrictive regional 

22 standard established for a product 

23 under this paragraph shall apply to 

24 the product if the product is installed 

25 on or after the effective date of the 


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1 regional standard in any State in 

2 which the Secretary has designated 

3 the standard to apply. 

4 ‘‘(II) EXCEPTION.—A regional 

5 standard shall not apply under sub6 clause (I) to any product that is— 

7 ‘‘(aa) manufactured before 

8 the effective date of the regional 

9 standard; and 

10 ‘‘(bb) installed not later 

11 than 1 year after the effective 

12 date of the regional standard.’’. 

13 SEC. 1206. MODIFYING PRODUCT DEFINITIONS. 

14 (a) AUTHORITY TO MODIFY DEFINITIONS.— 

15 (1) COVERED PRODUCTS.—Section 322 of the 

16 Energy Policy and Conservation Act (42 U.S.C. 

17 6292) is amended by adding at the end the fol18 lowing: 

19 ‘‘(c) MODIFYING DEFINITIONS OF COVERED PROD20 UCTS.— 

21 ‘‘(1) IN GENERAL.—For any covered product 

22 for which a definition is provided in section 321, the 

23 Secretary may, by rule, unless prohibited herein, 

24 modify such definition in order to— 


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1 ‘‘(A) address significant changes in the 

2 product or the market occurring since the defi3 nition was established; or 

4 ‘‘(B) better enable improvements in the en5 ergy efficiency of the product and related en6 ergy using systems. 

7 ‘‘(2) ANTIBACKSLIDING EXEMPTION.—Section 

8 325(o)(1) shall not apply to adjustments to covered 

9 product definitions made pursuant to this sub10 section. 

11 ‘‘(3) PROCEDURE FOR MODIFYING DEFINI12 TION.— 

13 ‘‘(A) IN GENERAL.—Notice of any adjust14 ment to the definition of a covered product and 

15 an explanation of the reasons therefor shall be 

16 published in the Federal Register and oppor17 tunity provided for public comment. 

18 ‘‘(B) CONSENSUS REQUIRED.—Any 

19 amendment to the definition of a covered prod20 uct under this subsection must have consensus 

21 support, as reflected in— 

22 ‘‘(i) the outcome of negotiations con23 ducted in accordance with the subchapter 

24 III of chapter 5 of title 5, United States 


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1 Code (commonly known as the ‘Negotiated 

2 Rulemaking Act of 1990’); or 

3 ‘‘(ii) the Secretary’s receipt of a state4 ment that is submitted jointly by inter5 ested persons that are fairly representative 

6 of relevant points of view (including rep7 resentatives of manufacturers of covered 

8 products, States, and efficiency advocates), 

9 as determined by the Secretary, which con10 tains a recommended modified definition 

11 for a covered product. 

12 ‘‘(4) EFFECT OF A MODIFIED DEFINITION.— 

13 ‘‘(A) IN GENERAL.—For any type or class 

14 of consumer product which becomes a covered 

15 product pursuant to this subsection— 

16 ‘‘(i) the Secretary may establish test 

17 procedures for such type or class of cov18 ered product pursuant to section 323 and 

19 energy conservation standards pursuant to 

20 subsections (o) and (p) of section 325; 

21 ‘‘(ii) the Commission may prescribe 

22 labeling rules pursuant to section 324 if 

23 the Commission determines that labeling in 

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1 ly to assist consumers in making pur2 chasing decisions; 

3 ‘‘(iii) section 327 shall begin to apply 

4 to such type or class of covered product in 

5 accordance with section 325(ii)(1); and 

6 ‘‘(iv) standards previously promul7 gated under section 325 shall not apply to 

8 such type or class of product. 

9 ‘‘(B) APPLICABILITY.—For any type or 

10 class of consumer product which ceases to be a 

11 covered product pursuant to this subsection, the 

12 provisions of this part shall no longer apply to 

13 the type or class of consumer product.’’. 

14 (2) COVERED EQUIPMENT.—Section 341 of the 

15 Energy Policy and Conservation Act (42 U.S.C. 

16 6312) is amended by adding at the end the fol17 lowing: 

18 ‘‘(d) MODIFYING DEFINITIONS OF COVERED EQUIP19 MENT.— 

20 ‘‘(1) IN GENERAL.—For any covered equipment 

21 for which a definition is provided in section 340, the 

22 Secretary may, by rule, unless prohibited herein, 

23 modify such definition in order to— 


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1 ‘‘(A) address significant changes in the 

2 product or the market occurring since the defi3 nition was established; or 

4 ‘‘(B) better enable improvements in the en5 ergy efficiency of the equipment and related en6 ergy using systems. 

7 ‘‘(2) ANTIBACKSLIDING EXEMPTION.—Section 

8 325(o)(1) shall not apply to adjustments to covered 

9 product definitions made pursuant to this subsection 

10 ‘‘(3) PROCEDURE FOR MODIFYING DEFINI11 TION.— 

12 ‘‘(A) IN GENERAL.—Notice of any adjust13 ment to the definition of a type of covered 

14 equipment and an explanation of the reasons 

15 therefor shall be published in the Federal Reg16 ister and opportunity provided for public com17 ment. 

18 ‘‘(B) CONSENSUS REQUIRED.—Any 

19 amendment to the definition of a type of cov20 ered equipment under this subsection must have 

21 consensus support, as reflected in— 

22 ‘‘(i) the outcome of negotiations con23 ducted in accordance with the subchapter 

24 III of chapter 5 of title 5, United States 


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1 Code (commonly known as the ‘Negotiated 

2 Rulemaking Act of 1990’); or 

3 ‘‘(ii) the Secretary’s receipt of a state4 ment that is submitted jointly by inter5 ested persons that are fairly representative 

6 of relevant points of view (including rep7 resentatives of manufacturers of covered 

8 equipment, States, and efficiency advo9 cates), as determined by the Secretary, 

10 which contains a recommended modified 

11 definition for a type of covered equipment. 

12 ‘‘(4) EFFECT OF A MODIFIED DEFINITION.— 

13 ‘‘(A) For any type or class of equipment 

14 which becomes covered equipment pursuant to 

15 this subsection— 

16 ‘‘(i) the Secretary may establish test 

17 procedures for such type or class of cov18 ered equipment pursuant to section 343 

19 and energy conservation standards pursu20 ant to subsections (o) and (p) of section 

21 325; 

22 ‘‘(ii) the Secretary may prescribe la23 beling rules pursuant to section 344 if the 

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1 logically and economically feasible and like2 ly to assist purchasers in making pur3 chasing decisions; 

4 ‘‘(iii) section 327 shall begin to apply 

5 to such type or class of covered equipment 

6 in accordance with section 325(ii)(1); and 

7 ‘‘(iv) standards previously promul8 gated under section 325, 342, or 346 shall 

9 not apply to such type or class of covered 

10 equipment. 

11 ‘‘(B) For any type or class of equipment 

12 which ceases to be covered equipment pursuant 

13 to this subsection the provisions of this part 

14 shall no longer apply to the type or class of 

15 equipment.’’. 

16 (b) CONFORMING AMENDMENTS PROVIDING FOR JU17 DICIAL REVIEW.— 

18 (1) Section 336 of the Energy Policy and Con19 servation Act (42 U.S.C. 6306) is amended by strik20 ing ‘‘section 323,’’ each place it appears and insert21 ing ‘‘section 322, 323,’’. 

22 (2) Section 345(a)(1) of the Energy Policy and 

23 Conservation Act (42 U.S.C. 6316(a)(1)) is amend24 ed to read as follows: 


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1 ‘‘(1) the references to sections 322, 323, 324, 

2 and 325 of this Act shall be considered as references 

3 to sections 341, 343, 344, and 342 of this Act, re4 spectively;’’. 

5 SEC. 1207. CLARIFYING RULEMAKING PROCEDURES. 

6 (a) COVERED PRODUCTS.—Section 325(p) of the En7 ergy Policy and Conservation Act (42 U.S.C. 6295(p)) is 

8 amended— 

9 (1) by redesignating paragraphs (1), (2), (3), 

10 and (4) as paragraphs (2), (3), (5), and (6), respec11 tively; 

12 (2) by inserting before paragraph (2) (as so re13 designated by paragraph (1) of this subsection) the 

14 following: 

15 ‘‘(1) Unless acting pursuant to paragraph (6), 

16 the Secretary shall provide an opportunity for public 

17 input prior to the issuance of a proposed rule, seek18 ing information concerning the analysis the Depart19 ment of Energy may undertake to develop a pro20 posed rule.’’; and 

21 (3) by inserting after paragraph (3) (as so re22 designated by paragraph (1) of this subsection) the 

23 following: 

24 ‘‘(4) RESTRICTION BASED ON TEST PROCE25 DURES.— 


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1 ‘‘(A) IN GENERAL.—Any proposed rule to 

2 establish new or amended energy conservation 

3 standards shall be based on the final test proce4 dure that shall be used to determine compliance 

5 with that product’s standard. The public com6 ment period on such proposed energy conserva7 tion standards shall conclude no sooner than 

8 180 days after the date of publication of a final 

9 rule revising the test procedure for that prod10 uct. 

11 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

12 does not apply to— 

13 ‘‘(i) rules, including test procedure 

14 rules, developed in accordance with the 

15 subchapter III of chapter 5 of title 5, 

16 United States Code (commonly known as 

17 the ‘Negotiated Rulemaking Act of 1990’); 

18 ‘‘(ii) rules, including test procedure 

19 rules, adopted pursuant to the procedures 

20 in paragraph (6); or 

21 ‘‘(iii) test procedure amendments that 

22 the Secretary determines will not alter the 

23 measured energy efficiency, measured en24 ergy use, or measured water use of any 

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1 ment that, if an amendment alters the 

2 product testing or compliance calculation, 

3 the determination shall be based on test 

4 data subject to public comment. 

5 ‘‘(C) SAVINGS CLAUSE.—Nothing in this 

6 paragraph— 

7 ‘‘(i) limits the authority of the Sec8 retary to amend test procedures under sec9 tion 323 and use those modified test proce10 dures for compliance with an existing or 

11 revised standard; or 

12 ‘‘(ii) alters the deadline for completion 

13 of any action required under this section.’’. 

14 (b) CONFORMING AMENDMENT.—Section 345(b)(1) 

15 of the Energy Policy and Conservation Act (42 U.S.C. 

16 6316(b)(1)) is amended by striking ‘‘section 325(p)(4),’’ 

17 and inserting ‘‘section 325(p)(3), (4), and (6),’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to rulemaking proceedings in which 

20 a notice of proposed rulemaking or supplemental notice 

21 of proposed rulemaking is issued on or after the date of 

22 enactment of this Act. 


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1 SEC. 1208. EXTENSION OF NONAPPLICATION OF NO-LOAD 

2 MODE ENERGY EFFICIENCY STANDARD TO 

3 CERTAIN SECURITY OR LIFE SAFETY ALARM 

4 OR SURVEILLANCE SYSTEMS. 

5 (a) Section 325(u)(3)(D)(ii) of the Energy Policy and 

6 Conservation Act (42 U.S.C. 6295(u)(3)(D)(ii)) is amend7 ed— 

8 (1) in the clause heading, by striking ‘‘2015’’ 

9 and inserting ‘‘2021’’; 

10 (2) in subclause (I), by striking ‘‘2015’’ and in11 serting ‘‘2021,’’; and 

12 (3) in subclause (II)(bb), by striking ‘‘2017’’ 

13 and inserting ‘‘2023’’. 

14 (b) Section 325(u)(3)(E) of the Energy Policy and 

15 Conservation Act (42 U.S.C. 6295(u)(3)(E)) is amend16 ed— 

17 (1) in clause (ii), by striking ‘‘July 1, 2017,’’ 

18 and inserting ‘‘the effective date of the amendment 

19 under subparagraph (D)(ii)’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(iv) TREATMENT IN RULE.—In the 

22 rule under subparagraph (D)(ii) and sub23 sequent amendments the Secretary may 

24 treat some or all external power supplies 

25 designed to be connected to a security or 

26 life safety alarm or surveillance system as 


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1 a separate product class or may extend the 

2 nonapplication under clause (ii).’’. 

3 Subtitle C—Manufacturing 

4 SEC. 1301. MANUFACTURING ENERGY EFFICIENCY. 

5 (a) PURPOSES.—The purposes of this section are— 

6 (1) to reform and reorient the industrial effi7 ciency programs of the Department; 

8 (2) to establish a clear and consistent authority 

9 for industrial efficiency programs of the Depart10 ment; 

11 (3) to accelerate the deployment of technologies 

12 and practices that will increase industrial energy ef13 ficiency and improve productivity; 

14 (4) to accelerate the development and dem15 onstration of technologies that will assist the deploy16 ment goals of the industrial efficiency programs of 

17 the Department and increase manufacturing effi18 ciency; 

19 (5) to stimulate domestic economic growth and 

20 improve industrial productivity and competitiveness; 

21 and 

22 (6) to strengthen partnerships between Federal 

23 and State governmental agencies and the private 

24 and academic sectors. 

25 (b) FUTURE OF INDUSTRY PROGRAM.— 


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1 (1) IN GENERAL.—Section 452 of the Energy 

2 Independence and Security Act of 2007 (42 U.S.C. 

3 17111) is amended by striking the section heading 

4 and inserting the following: ‘‘FUTURE OF INDUS5 TRY PROGRAM’’. 

6 (2) DEFINITION OF ENERGY SERVICE PRO7 VIDER.—Section 452(a) of the Energy Independence 

8 and Security Act of 2007 (42 U.S.C. 17111(a)) is 

9 amended— 

10 (A) in paragraph (2)— 

11 (i) by redesignating subparagraph (E) 

12 as subparagraph (F); and 

13 (ii) by inserting before subparagraph 

14 (F) (as so redesignated) the following: 

15 ‘‘(E) water and wastewater treatment fa16 cilities, including systems that treat municipal, 

17 industrial, and agricultural waste; and’’; 

18 (B) by redesignating paragraphs (3) 

19 through (5) as paragraphs (4) through (6), re20 spectively; and 

21 (C) by inserting after paragraph (2) the 

22 following: 

23 ‘‘(3) ENERGY SERVICE PROVIDER.—The term 

24 ‘energy service provider’ means any business pro25 viding technology or services to improve the energy 


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1 efficiency, water efficiency, power factor, or load 

2 management of a manufacturing site or other indus3 trial process in an energy-intensive industry, or any 

4 utility operating under a utility energy service 

5 project.’’. 

6 (3) INDUSTRIAL RESEARCH AND ASSESSMENT

7 CENTERS.—Section 452(e) of the Energy Independ8 ence and Security Act of 2007 (42 U.S.C. 17111(e)) 

9 is amended— 

10 (A) by redesignating paragraphs (1) 

11 through (5) as subparagraphs (A) through (E), 

12 respectively, and indenting appropriately; 

13 (B) by striking ‘‘The Secretary’’ and in14 serting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary’’; 

16 (C) in subparagraph (A) (as redesignated 

17 by subparagraph (A)), by inserting before the 

18 semicolon at the end the following: ‘‘, including 

19 assessments of sustainable manufacturing goals 

20 and the implementation of information tech21 nology advancements for supply chain analysis, 

22 logistics, system monitoring, industrial and 

23 manufacturing processes, and other purposes’’; 

24 and 

25 (D) by adding at the end the following: 


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1 ‘‘(2) COORDINATION.—To increase the value 

2 and capabilities of the industrial research and as3 sessment centers, the centers shall— 

4 ‘‘(A) coordinate with Manufacturing Ex5 tension Partnership Centers of the National In6 stitute of Standards and Technology; 

7 ‘‘(B) coordinate with the Building Tech8 nologies Program of the Department of Energy 

9 to provide building assessment services to man10 ufacturers; 

11 ‘‘(C) increase partnerships with the Na12 tional Laboratories of the Department of En13 ergy to leverage the expertise and technologies 

14 of the National Laboratories for national indus15 trial and manufacturing needs; 

16 ‘‘(D) increase partnerships with energy 

17 service providers and technology providers to le18 verage private sector expertise and accelerate 

19 deployment of new and existing technologies 

20 and processes for energy efficiency, power fac21 tor, and load management; 

22 ‘‘(E) identify opportunities for reducing 

23 greenhouse gas emissions; and 


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1 ‘‘(F) promote sustainable manufacturing 

2 practices for small- and medium-sized manufac3 turers. 

4 ‘‘(3) OUTREACH.—The Secretary shall provide 

5 funding for— 

6 ‘‘(A) outreach activities by the industrial 

7 research and assessment centers to inform 

8 small- and medium-sized manufacturers of the 

9 information, technologies, and services avail10 able; and 

11 ‘‘(B) coordination activities by each indus12 trial research and assessment center to leverage 

13 efforts with— 

14 ‘‘(i) Federal and State efforts; 

15 ‘‘(ii) the efforts of utilities and energy 

16 service providers; 

17 ‘‘(iii) the efforts of regional energy ef18 ficiency organizations; and 

19 ‘‘(iv) the efforts of other industrial re20 search and assessment centers. 

21 ‘‘(4) WORKFORCE TRAINING.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 pay the Federal share of associated internship 

24 programs under which students work with or 

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1 ice providers to implement the recommendations 

2 of industrial research and assessment centers. 

3 ‘‘(B) FEDERAL SHARE.—The Federal 

4 share of the cost of carrying out internship pro5 grams described in subparagraph (A) shall be 

6 50 percent. 

7 ‘‘(5) SMALL BUSINESS LOANS.—The Adminis8 trator of the Small Business Administration shall, to 

9 the maximum extent practicable, expedite consider10 ation of applications from eligible small business 

11 concerns for loans under the Small Business Act (15 

12 U.S.C. 631 et seq.) to implement recommendations 

13 of industrial research and assessment centers estab14 lished under paragraph (1). 

15 ‘‘(6) ADVANCED MANUFACTURING STEERING

16 COMMITTEE.—The Secretary shall establish an advi17 sory steering committee to provide recommendations 

18 to the Secretary on planning and implementation of 

19 the Advanced Manufacturing Office of the Depart20 ment of Energy. 

21 ‘‘(7) EXPANSION OF TECHNICAL ASSISTANCE.— 

22 The Secretary shall expand the institution of higher 

23 education-based industrial research and assessment 

24 centers, working across Federal agencies as nec25 essary— 


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1 ‘‘(A) to provide comparable assessment 

2 services to water and wastewater treatment fa3 cilities, including systems that treat municipal, 

4 industrial, and agricultural waste; and 

5 ‘‘(B) to equip the directors of the centers 

6 with the training and tools necessary to provide 

7 technical assistance on energy savings to the 

8 water and wastewater treatment facilities.’’. 

9 (c) SUSTAINABLE MANUFACTURING INITIATIVE.— 

10 (1) IN GENERAL.—Part E of title III of the 

11 Energy Policy and Conservation Act (42 U.S.C. 

12 6341) is amended by adding at the end the fol13 lowing: 

14 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

15 ‘‘(a) IN GENERAL.—As part of the Office of Energy 

16 Efficiency and Renewable Energy, the Secretary, on the 

17 request of a manufacturer, shall conduct on-site technical 

18 assessments to identify opportunities for— 

19 ‘‘(1) maximizing the energy efficiency of indus20 trial processes and cross-cutting systems; 

21 ‘‘(2) preventing pollution and minimizing waste; 

22 ‘‘(3) improving efficient use of water in manu23 facturing processes; 

24 ‘‘(4) conserving natural resources; and 


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1 ‘‘(5) achieving such other goals as the Secretary 

2 determines to be appropriate. 

3 ‘‘(b) COORDINATION.—The Secretary shall carry out 

4 the initiative in coordination with the private sector and 

5 appropriate agencies, including the National Institute of 

6 Standards and Technology, to accelerate adoption of new 

7 and existing technologies and processes that improve en8 ergy efficiency. 

9 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

10 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH11 NOLOGIES AND PROCESSES.—As part of the industrial ef12 ficiency programs of the Department of Energy, the Sec13 retary shall carry out a joint industry-government partner14 ship program to research, develop, and demonstrate new 

15 sustainable manufacturing and industrial technologies and 

16 processes that maximize the energy efficiency of industrial 

17 plants, reduce pollution, and conserve natural resources.’’. 

18 (2) TABLE OF CONTENTS.—The table of con19 tents of the Energy Policy and Conservation Act (42 

20 U.S.C. prec. 6201) is amended by adding at the end 

21 of the items relating to part E of title III the fol22 lowing: 

‘‘Sec. 376. Sustainable manufacturing initiative.’’. 


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1 SEC. 1302. LEVERAGING EXISTING FEDERAL AGENCY PRO2 GRAMS TO ASSIST SMALL AND MEDIUM MAN3 UFACTURERS. 

4 (a) DEFINITIONS.—In this section and section 1303: 

5 (1) ENERGY MANAGEMENT SYSTEM.—The term 

6 ‘‘energy management system’’ means a business 

7 management process based on standards of the 

8 American National Standards Institute that enables 

9 an organization to follow a systematic approach in 

10 achieving continual improvement of energy perform11 ance, including energy efficiency, security, use, and 

12 consumption. 

13 (2) INDUSTRIAL ASSESSMENT CENTER.—The 

14 term ‘‘industrial assessment center’’ means a center 

15 located at an institution of higher education that— 

16 (A) receives funding from the Department; 

17 (B) provides an in-depth assessment of 

18 small- and medium-size manufacturer plant 

19 sites to evaluate the facilities, services, and 

20 manufacturing operations of the plant site; and 

21 (C) identifies opportunities for potential 

22 savings for small- and medium-size manufac23 turer plant sites from energy efficiency improve24 ments, waste minimization, pollution preven25 tion, and productivity improvement. 


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1 (3) NATIONAL LABORATORY.—The term ‘‘Na2 tional Laboratory’’ has the meaning given the term 

3 in section 2 of the Energy Policy Act of 2005 (42 

4 U.S.C. 15801). 

5 (4) SMALL AND MEDIUM MANUFACTURERS.— 

6 The term ‘‘small and medium manufacturers’’ 

7 means manufacturing firms— 

8 (A) classified in the North American In9 dustry Classification System as any of sectors 

10 31 through 33; 

11 (B) with gross annual sales of less than 

12 $100,000,000; 

13 (C) with fewer than 500 employees at the 

14 plant site; and 

15 (D) with annual energy bills totaling more 

16 than $100,000 and less than $2,500,000. 

17 (5) SMART MANUFACTURING.—The term 

18 ‘‘smart manufacturing’’ means advanced tech19 nologies in information, automation, monitoring, 

20 computation, sensing, modeling, and networking 

21 that— 

22 (A) digitally— 

23 (i) simulate manufacturing production 

24 lines; 


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1 (ii) operate computer-controlled man2 ufacturing equipment; 

3 (iii) monitor and communicate pro4 duction line status; and 

5 (iv) manage and optimize energy pro6 ductivity and cost throughout production; 

7 (B) model, simulate, and optimize the en8 ergy efficiency of a factory building; 

9 (C) monitor and optimize building energy 

10 performance; 

11 (D) model, simulate, and optimize the de12 sign of energy efficient and sustainable prod13 ucts, including the use of digital prototyping 

14 and additive manufacturing to enhance product 

15 design; 

16 (E) connect manufactured products in net17 works to monitor and optimize the performance 

18 of the networks, including automated network 

19 operations; and 

20 (F) digitally connect the supply chain net21 work. 

22 (b) EXPANSION OF TECHNICAL ASSISTANCE PRO23 GRAMS.—The Secretary shall expand the scope of tech24 nologies covered by the Industrial Assessment Centers of 

25 the Department— 


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1 (1) to include smart manufacturing technologies 

2 and practices; and 

3 (2) to equip the directors of the Industrial As4 sessment Centers with the training and tools nec5 essary to provide technical assistance in smart man6 ufacturing technologies and practices, including en7 ergy management systems, to manufacturers. 

8 (c) FUNDING.—The Secretary shall use unobligated 

9 funds of the Department to carry out this section. 

10 SEC. 1303. LEVERAGING SMART MANUFACTURING INFRA11 STRUCTURE AT NATIONAL LABORATORIES. 

12 (a) STUDY.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Sec15 retary shall conduct a study on ways in which the 

16 Department can increase access to existing high-per17 formance computing resources in the National Lab18 oratories, particularly for small and medium manu19 facturers. 

20 (2) INCLUSIONS.—In identifying ways to in21 crease access to National Laboratories under para22 graph (1), the Secretary shall— 

23 (A) focus on increasing access to the com24 puting facilities of the National Laboratories; 

25 and 


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1 (B) ensure that— 

2 (i) the information from the manufac3 turer is protected; and 

4 (ii) the security of the National Lab5 oratory facility is maintained. 

6 (3) REPORT.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary shall 

8 submit to Congress a report describing the results of 

9 the study. 

10 (b) ACTIONS FOR INCREASED ACCESS.—The Sec11 retary shall facilitate access to the National Laboratories 

12 studied under subsection (a) for small and medium manu13 facturers so that small and medium manufacturers can 

14 fully use the high-performance computing resources of the 

15 National Laboratories to enhance the manufacturing com16 petitiveness of the United States. 

17 Subtitle D—Vehicles 

18 SEC. 1401. OBJECTIVES. 

19 The objectives of this subtitle are— 

20 (1) to establish a consistent and consolidated 

21 authority for the vehicle technology program at the 

22 Department; 

23 (2) to develop United States technologies and 

24 practices that— 


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1 (A) improve the fuel efficiency and emis2 sions of all vehicles produced in the United 

3 States; and 

4 (B) reduce vehicle reliance on petroleum5 based fuels; 

6 (3) to support domestic research, development, 

7 engineering, demonstration, and commercial applica8 tion and manufacturing of advanced vehicles, en9 gines, and components; 

10 (4) to enable vehicles to move larger volumes of 

11 goods and more passengers with less energy and 

12 emissions; 

13 (5) to develop cost-effective advanced tech14 nologies for wide-scale utilization throughout the 

15 passenger, commercial, government, and transit ve16 hicle sectors; 

17 (6) to allow for greater consumer choice of vehi18 cle technologies and fuels; 

19 (7) shorten technology development and inte20 gration cycles in the vehicle industry; 

21 (8) to ensure a proper balance and diversity of 

22 Federal investment in vehicle technologies; and 

23 (9) to strengthen partnerships between Federal 

24 and State governmental agencies and the private 

25 and academic sectors. 


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1 SEC. 1402. COORDINATION AND NONDUPLICATION. 

2 The Secretary shall ensure, to the maximum extent 

3 practicable, that the activities authorized by this subtitle 

4 do not duplicate those of other programs within the De5 partment or other relevant research agencies. 

6 SEC. 1403. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to the Sec8 retary for research, development, engineering, demonstra9 tion, and commercial application of vehicles and related 

10 technologies in the United States, including activities au11 thorized under this subtitle— 

12 (1) for fiscal year 2018, $313,567,000; 

13 (2) for fiscal year 2019, $326,109,000; 

14 (3) for fiscal year 2020, $339,154,000; 

15 (4) for fiscal year 2021, $352,720,000; and 

16 (5) for fiscal year 2022, $366,829,000. 

17 SEC. 1404. REPORTING. 

18 (a) TECHNOLOGIES DEVELOPED.—Not later than 18 

19 months after the date of enactment of this Act and annu20 ally thereafter through 2022, the Secretary shall submit 

21 to Congress a report regarding the technologies developed 

22 as a result of the activities authorized by this subtitle, with 

23 a particular emphasis on whether the technologies were 

24 successfully adopted for commercial applications, and if 

25 so, whether products relying on those technologies are 

26 manufactured in the United States. 


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1 (b) ADDITIONAL MATTERS.—At the end of each fis2 cal year through 2022, the Secretary shall submit to the 

3 relevant Congressional committees of jurisdiction an an4 nual report describing activities undertaken in the pre5 vious year under this Act, active industry participants, the 

6 status of public private partnerships, progress of the pro7 gram in meeting goals and timelines, and a strategic plan 

8 for funding of activities across agencies. 

9 PART I—VEHICLE RESEARCH AND 

10 DEVELOPMENT 

11 SEC. 1411. PROGRAM. 

12 (a) ACTIVITIES.—The Secretary shall conduct a pro13 gram of basic and applied research, development, engi14 neering, demonstration, and commercial application activi15 ties on materials, technologies, and processes with the po16 tential to substantially reduce or eliminate petroleum use 

17 and the emissions of the Nation’s passenger and commer18 cial vehicles, including activities in the areas of— 

19 (1) electrification of vehicle systems; 

20 (2) batteries, ultracapacitors, and other energy 

21 storage devices; 

22 (3) power electronics; 

23 (4) vehicle, component, and subsystem manu24 facturing technologies and processes; 


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1 (5) engine efficiency and combustion optimiza2 tion; 

3 (6) waste heat recovery; 

4 (7) transmission and drivetrains; 

5 (8) hydrogen vehicle technologies, including fuel 

6 cells and internal combustion engines, and hydrogen 

7 infrastructure, including hydrogen energy storage to 

8 enable renewables and provide hydrogen for fuel and 

9 power; 

10 (9) natural gas vehicle technologies; 

11 (10) aerodynamics, rolling resistance (including 

12 tires and wheel assemblies), and accessory power 

13 loads of vehicles and associated equipment; 

14 (11) vehicle weight reduction, including 

15 lightweighting materials and the development of 

16 manufacturing processes to fabricate, assemble, and 

17 use dissimilar materials; 

18 (12) friction and wear reduction; 

19 (13) engine and component durability; 

20 (14) innovative propulsion systems; 

21 (15) advanced boosting systems; 

22 (16) hydraulic hybrid technologies; 

23 (17) engine compatibility with and optimization 

24 for a variety of transportation fuels including nat25 ural gas and other liquid and gaseous fuels; 


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1 (18) predictive engineering, modeling, and sim2 ulation of vehicle and transportation systems; 

3 (19) refueling and charging infrastructure for 

4 alternative fueled and electric or plug-in electric hy5 brid vehicles, including the unique challenges facing 

6 rural areas; 

7 (20) gaseous fuels storage systems and system 

8 integration and optimization; 

9 (21) sensing, communications, and actuation 

10 technologies for vehicle, electrical grid, and infra11 structure; 

12 (22) efficient use, substitution, and recycling of 

13 potentially critical materials in vehicles, including 

14 rare earth elements and precious metals, at risk of 

15 supply disruption; 

16 (23) aftertreatment technologies; 

17 (24) thermal management of battery systems; 

18 (25) retrofitting advanced vehicle technologies 

19 to existing vehicles; 

20 (26) development of common standards, speci21 fications, and architectures for both transportation 

22 and stationary battery applications; 

23 (27) advanced internal combustion engines; 

24 (28) mild hybrid; 

25 (29) engine down speeding; 


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1 (30) vehicle-to-vehicle, vehicle-to-pedestrian, 

2 and vehicle-to-infrastructure technologies; and 

3 (31) other research areas as determined by the 

4 Secretary. 

5 (b) TRANSFORMATIONAL TECHNOLOGY.—The Sec6 retary shall ensure that the Department continues to sup7 port research, development, engineering, demonstration, 

8 and commercial application activities and maintains com9 petency in mid- to long-term transformational vehicle tech10 nologies with potential to achieve reductions in emissions, 

11 including activities in the areas of— 

12 (1) hydrogen vehicle technologies, including fuel 

13 cells, hydrogen storage, infrastructure, and activities 

14 in hydrogen technology validation and safety codes 

15 and standards; 

16 (2) multiple battery chemistries and novel en17 ergy storage devices, including nonchemical batteries 

18 and electromechanical storage technologies such as 

19 hydraulics, flywheels, and compressed air storage; 

20 (3) communication and connectivity among ve21 hicles, infrastructure, and the electrical grid; and 

22 (4) other innovative technologies research and 

23 development, as determined by the Secretary. 

24 (c) INDUSTRY PARTICIPATION.—To the maximum 

25 extent practicable, activities under this Act shall be carried 


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1 out in partnership or collaboration with automotive manu2 facturers, heavy commercial, vocational, and transit vehi3 cle manufacturers, qualified plug-in electric vehicle manu4 facturers, compressed natural gas vehicle manufacturers, 

5 vehicle and engine equipment and component manufactur6 ers, manufacturing equipment manufacturers, advanced 

7 vehicle service providers, fuel producers and energy sup8 pliers, electric utilities, universities, national laboratories, 

9 and independent research laboratories. In carrying out 

10 this Act the Secretary shall— 

11 (1) determine whether a wide range of compa12 nies that manufacture or assemble vehicles or com13 ponents in the United States are represented in on14 going public private partnership activities, including 

15 firms that have not traditionally participated in fed16 erally sponsored research and development activities, 

17 and where possible, partner with such firms that 

18 conduct significant and relevant research and devel19 opment activities in the United States; 

20 (2) leverage the capabilities and resources of, 

21 and formalize partnerships with, industry-led stake22 holder organizations, nonprofit organizations, indus23 try consortia, and trade associations with expertise 

24 in the research and development of, and education 


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1 and outreach activities in, advanced automotive and 

2 commercial vehicle technologies; 

3 (3) develop more effective processes for trans4 ferring research findings and technologies to indus5 try; 

6 (4) support public-private partnerships, dedi7 cated to overcoming barriers in commercial applica8 tion of transformational vehicle technologies, that 

9 utilize such industry-led technology development fa10 cilities of entities with demonstrated expertise in 

11 successfully designing and engineering pre-commer12 cial generations of such transformational technology; 

13 and 

14 (5) promote efforts to ensure that technology 

15 research, development, engineering, and commercial 

16 application activities funded under this Act are car17 ried out in the United States. 

18 (d) INTERAGENCY AND INTRAAGENCY COORDINA19 TION.—To the maximum extent practicable, the Secretary 

20 shall coordinate research, development, demonstration, 

21 and commercial application activities among— 

22 (1) relevant programs within the Department, 

23 including— 

24 (A) the Office of Energy Efficiency and 

25 Renewable Energy; 


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1 (B) the Office of Science; 

2 (C) the Office of Electricity Delivery and 

3 Energy Reliability; 

4 (D) the Office of Fossil Energy; 

5 (E) the Advanced Research Projects Agen6 cy—Energy; and 

7 (F) other offices as determined by the Sec8 retary; and 

9 (2) relevant technology research and develop10 ment programs within other Federal agencies, as de11 termined by the Secretary. 

12 (e) FEDERAL DEMONSTRATION OF TECH13 NOLOGIES.—The Secretary shall make information avail14 able to procurement programs of Federal agencies regard15 ing the potential to demonstrate technologies resulting 

16 from activities funded through programs under this Act. 

17 (f) INTERGOVERNMENTAL COORDINATION.—The 

18 Secretary shall seek opportunities to leverage resources 

19 and support initiatives of State and local governments in 

20 developing and promoting advanced vehicle technologies, 

21 manufacturing, and infrastructure. 

22 (g) CRITERIA.—When awarding grants under this 

23 program, the Secretary shall give priority to those tech24 nologies (either individually or as part of a system) that— 


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1 (1) provide the greatest aggregate fuel savings 

2 based on the reasonable projected sales volumes of 

3 the technology; and 

4 (2) provide the greatest increase in United 

5 States employment. 

6 (h) SECONDARY USE APPLICATIONS.— 

7 (1) IN GENERAL.—The Secretary shall carry 

8 out a research, development, and demonstration pro9 gram that— 

10 (A) builds on any work carried out under 

11 section 915 of the Energy Policy Act of 2005 

12 (42 U.S.C. 16195); 

13 (B) identifies possible uses of a vehicle bat14 tery after the useful life of the battery in a ve15 hicle has been exhausted; 

16 (C) conducts long-term testing to verify 

17 performance and degradation predictions and 

18 lifetime valuations for secondary uses; 

19 (D) evaluates innovative approaches to re20 cycling materials from plug-in electric drive ve21 hicles and the batteries used in plug-in electric 

22 drive vehicles; 

23 (E)(i) assesses the potential for markets 

24 for uses described in subparagraph (B) to de25 velop; and 


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1 (ii) identifies any barriers to the develop2 ment of those markets; and 

3 (F) identifies the potential uses of a vehi4 cle battery— 

5 (i) with the most promise for market 

6 development; and 

7 (ii) for which market development 

8 would be aided by a demonstration project. 

9 (2) REPORT.—Not later than 1 year after the 

10 date of enactment of this Act, the Secretary shall 

11 submit to the appropriate committees of Congress 

12 an initial report on the findings of the program de13 scribed in paragraph (1), including recommendations 

14 for stationary energy storage and other potential ap15 plications for batteries used in plug-in electric drive 

16 vehicles. 

17 (3) SECONDARY USE DEMONSTRATION.— 

18 (A) IN GENERAL.—Based on the results of 

19 the program described in paragraph (1), the 

20 Secretary shall develop guidelines for projects 

21 that demonstrate the secondary uses and inno22 vative recycling of vehicle batteries. 

23 (B) PUBLICATION OF GUIDELINES.—Not 

24 later than 18 months after the date of enact25 ment of this Act, the Secretary shall— 


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1 (i) publish the guidelines described in 

2 subparagraph (A); and 

3 (ii) solicit applications for funding for 

4 demonstration projects. 

5 (C) PILOT DEMONSTRATION PROGRAM.— 

6 Not later than 21 months after the date of en7 actment of this Act, the Secretary shall select 

8 proposals for grant funding under this section, 

9 based on an assessment of which proposals are 

10 mostly likely to contribute to the development 

11 of a secondary market for batteries. 

12 SEC. 1412. MANUFACTURING. 

13 The Secretary shall carry out a research, develop14 ment, engineering, demonstration, and commercial appli15 cation program of advanced vehicle manufacturing tech16 nologies and practices, including innovative processes— 

17 (1) to increase the production rate and decrease 

18 the cost of advanced battery and fuel cell manufac19 turing; 

20 (2) to vary the capability of individual manufac21 turing facilities to accommodate different battery 

22 chemistries and configurations; 

23 (3) to reduce waste streams, emissions, and en24 ergy intensity of vehicle, engine, advanced battery 

25 and component manufacturing processes; 


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1 (4) to recycle and remanufacture used batteries 

2 and other vehicle components for reuse in vehicles or 

3 stationary applications; 

4 (5) to develop manufacturing processes to effec5 tively fabricate, assemble, and produce cost-effective 

6 lightweight materials such as advanced aluminum 

7 and other metal alloys, polymeric composites, and 

8 carbon fiber for use in vehicles; 

9 (6) to produce lightweight high pressure storage 

10 systems for gaseous fuels; 

11 (7) to design and manufacture purpose-built hy12 drogen fuel cell vehicles and components; 

13 (8) to improve the calendar life and cycle life of 

14 advanced batteries; and 

15 (9) to produce permanent magnets for advanced 

16 vehicles. 

17 PART II—MEDIUM- AND HEAVY-DUTY 

18 COMMERCIAL AND TRANSIT VEHICLES 

19 SEC. 1421. PROGRAM. 

20 The Secretary, in partnership with relevant research 

21 and development programs in other Federal agencies, and 

22 a range of appropriate industry stakeholders, shall carry 

23 out a program of cooperative research, development, dem24 onstration, and commercial application activities on ad25 vanced technologies for medium- to heavy-duty commerVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 cial, vocational, recreational, and transit vehicles, includ2 ing activities in the areas of— 

3 (1) engine efficiency and combustion research; 

4 (2) onboard storage technologies for compressed 

5 and liquefied natural gas; 

6 (3) development and integration of engine tech7 nologies designed for natural gas operation of a vari8 ety of vehicle platforms; 

9 (4) waste heat recovery and conversion; 

10 (5) improved aerodynamics and tire rolling re11 sistance; 

12 (6) energy and space-efficient emissions control 

13 systems; 

14 (7) mild hybrid, heavy hybrid, hybrid hydraulic, 

15 plug-in hybrid, and electric platforms, and energy 

16 storage technologies; 

17 (8) drivetrain optimization; 

18 (9) friction and wear reduction; 

19 (10) engine idle and parasitic energy loss reduc20 tion; 

21 (11) electrification of accessory loads; 

22 (12) onboard sensing and communications tech23 nologies; 

24 (13) advanced lightweighting materials and ve25 hicle designs; 


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1 (14) increasing load capacity per vehicle; 

2 (15) thermal management of battery systems; 

3 (16) recharging infrastructure; 

4 (17) compressed natural gas infrastructure; 

5 (18) advanced internal combustion engines; 

6 (19) complete vehicle and power pack modeling, 

7 simulation, and testing; 

8 (20) hydrogen vehicle technologies, including 

9 fuel cells and internal combustion engines, and hy10 drogen infrastructure, including hydrogen energy 

11 storage to enable renewables and provide hydrogen 

12 for fuel and power; 

13 (21) retrofitting advanced technologies onto ex14 isting truck fleets; 

15 (22) advanced boosting systems; 

16 (23) engine down speeding; and 

17 (24) integration of these and other advanced 

18 systems onto a single truck and trailer platform. 

19 SEC. 1422. CLASS 8 TRUCK AND TRAILER SYSTEMS DEM20 ONSTRATION. 

21 (a) IN GENERAL.—The Secretary shall conduct a 

22 competitive grant program to demonstrate the integration 

23 of multiple advanced technologies on Class 8 truck and 

24 trailer platforms, including a combination of technologies 

25 listed in section 1421. 


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1 (b) APPLICANT TEAMS.—Applicant teams may be 

2 comprised of truck and trailer manufacturers, engine and 

3 component manufacturers, fleet customers, university re4 searchers, and other applicants as appropriate for the de5 velopment and demonstration of integrated Class 8 truck 

6 and trailer systems. 

7 SEC. 1423. TECHNOLOGY TESTING AND METRICS. 

8 The Secretary, in coordination with the partners of 

9 the interagency research program described in section 

10 1421— 

11 (1) shall develop standard testing procedures 

12 and technologies for evaluating the performance of 

13 advanced heavy vehicle technologies under a range of 

14 representative duty cycles and operating conditions, 

15 including for heavy hybrid propulsion systems; 

16 (2) shall evaluate heavy vehicle performance 

17 using work performance-based metrics other than 

18 those based on miles per gallon, including those 

19 based on units of volume and weight transported for 

20 freight applications, and appropriate metrics based 

21 on the work performed by nonroad systems; and 

22 (3) may construct heavy duty truck and bus 

23 testing facilities. 


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1 SEC. 1424. NONROAD SYSTEMS PILOT PROGRAM. 

2 The Secretary shall undertake a pilot program of re3 search, development, demonstration, and commercial ap4 plications of technologies to improve total machine or sys5 tem efficiency for nonroad mobile equipment including ag6 ricultural, construction, air, and sea port equipment, and 

7 shall seek opportunities to transfer relevant research find8 ings and technologies between the nonroad and on-high9 way equipment and vehicle sectors. 

10 PART III—ADMINISTRATION 

11 SEC. 1431. REPEAL OF EXISTING AUTHORITIES. 

12 (a) IN GENERAL.—Sections 706, 711, 712, and 933 

13 of the Energy Policy Act of 2005 (42 U.S.C. 16051, 

14 16061, 16062, 16233) are repealed. 

15 (b) ENERGY EFFICIENCY.—Section 911 of the En16 ergy Policy Act of 2005 (42 U.S.C. 16191) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)(A), by striking ‘‘vehi19 cles, buildings,’’ and inserting ‘‘buildings’’; and 

20 (B) in paragraph (2)— 

21 (i) by striking subparagraph (A); and 

22 (ii) by redesignating subparagraphs 

23 (B) through (E) as subparagraphs (A) 

24 through (D), respectively; and 

25 (2) in subsection (c)— 

26 (A) by striking paragraph (3); 


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1 (B) by redesignating paragraph (4) as 

2 paragraph (3); and 

3 (C) in paragraph (3) (as so redesignated), 

4 by striking ‘‘(a)(2)(D)’’ and inserting 

5 ‘‘(a)(2)(C)’’. 

6 SEC. 1432. REAUTHORIZATION OF DIESEL EMISSIONS RE7 DUCTION PROGRAM. 

8 Section 797(a) of the Energy Policy Act of 2005 (42 

9 U.S.C. 16137(a)) is amended by striking ‘‘2016’’ and in10 serting ‘‘2022’’. 

11 SEC. 1433. GASEOUS FUEL DUAL FUELED AUTOMOBILES. 

12 Section 32905 of title 49, United States Code, is 

13 amended by striking subsection (d) and inserting the fol14 lowing: 

15 ‘‘(d) GASEOUS FUEL DUAL FUELED AUTO16 MOBILES.— 

17 ‘‘(1) MODEL YEARS 1993 THROUGH 2017.—For 

18 any model of gaseous fuel dual fueled automobile 

19 manufactured by a manufacturer in model years 

20 1993 through 2017, the Administrator shall measure 

21 the fuel economy for that model by dividing 1.0 by 

22 the sum of— 

23 ‘‘(A) .5 divided by the fuel economy meas24 ured under section 32904(c) of this title when 


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1 operating the model on gasoline or diesel fuel; 

2 and 

3 ‘‘(B) .5 divided by the fuel economy meas4 ured under subsection (c) of this section when 

5 operating the model on gaseous fuel. 

6 ‘‘(2) SUBSEQUENT MODEL YEARS.—For any 

7 model of gaseous fuel dual fueled automobile manu8 factured by a manufacturer in model year 2018 or 

9 any subsequent model year, the Administrator shall 

10 calculate fuel economy in accordance with section 

11 600.510–12 (c)(2)(vii) of title 40, Code of Federal 

12 Regulations (as in effect on the date of enactment 

13 of this paragraph) if the vehicle qualifies under sec14 tion 32901(c).’’. 

15 Subtitle E—Housing 

16 SEC. 1501. DEFINITIONS. 

17 In this subtitle: 

18 (1) COVERED LOAN.—The term ‘‘covered loan’’ 

19 means a loan secured by a home that is insured by 

20 the Federal Housing Administration under title II of 

21 the National Housing Act (12 U.S.C. 1707 et seq.). 

22 (2) HOMEOWNER.—The term ‘‘homeowner’’ 

23 means the mortgagor under a covered loan. 

24 (3) MORTGAGEE.—The term ‘‘mortgagee’’ 

25 means an original lender under a covered loan or the 


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1 holder of a covered loan at the time at which that 

2 mortgage transaction is consummated. 

3 SEC. 1502. ENHANCED ENERGY EFFICIENCY UNDER4 WRITING CRITERIA. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Secretary of Housing 

7 and Urban Development shall, in consultation with the ad8 visory group established in section 1505(c), develop and 

9 issue guidelines for the Federal Housing Administration 

10 to implement enhanced loan eligibility requirements, for 

11 use when testing the ability of a loan applicant to repay 

12 a covered loan, that account for the expected energy cost 

13 savings for a loan applicant at a subject property, in the 

14 manner set forth in subsections (b) and (c). 

15 (b) REQUIREMENTS TO ACCOUNT FOR ENERGY COST

16 SAVINGS.— 

17 (1) IN GENERAL.—The enhanced loan eligibility 

18 requirements under subsection (a) shall require that, 

19 for all covered loans for which an energy efficiency 

20 report is voluntarily provided to the mortgagee by 

21 the homeowner, the Federal Housing Administration 

22 and the mortgagee shall take into consideration the 

23 estimated energy cost savings expected for the owner 

24 of the subject property in determining whether the 


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1 loan applicant has sufficient income to service the 

2 mortgage debt plus other regular expenses. 

3 (2) USE AS OFFSET.—To the extent that the 

4 Federal Housing Administration uses a test such as 

5 a debt-to-income test that includes certain regular 

6 expenses, such as hazard insurance and property 

7 taxes— 

8 (A) the expected energy cost savings shall 

9 be included as an offset to these expenses; and 

10 (B) the Federal Housing Administration 

11 may not use the offset described in subpara12 graph (A) to qualify a loan applicant for insur13 ance under title II of the National Housing Act 

14 (12 U.S.C. 1707 et seq.) with respect to a loan 

15 that would not otherwise meet the requirements 

16 for such insurance. 

17 (3) TYPES OF ENERGY COSTS.—Energy costs to 

18 be assessed under this subsection shall include the 

19 cost of electricity, natural gas, oil, and any other 

20 fuel regularly used to supply energy to the subject 

21 property. 

22 (c) DETERMINATION OF ESTIMATED ENERGY COST

23 SAVINGS.— 

24 (1) IN GENERAL.—The guidelines to be issued 

25 under subsection (a) shall include instructions for 


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1 the Federal Housing Administration to calculate es2 timated energy cost savings using— 

3 (A) the energy efficiency report; 

4 (B) an estimate of baseline average energy 

5 costs; and 

6 (C) additional sources of information as 

7 determined by the Secretary of Housing and 

8 Urban Development. 

9 (2) REPORT REQUIREMENTS.—For the pur10 poses of paragraph (1), an energy efficiency report 

11 shall— 

12 (A) estimate the expected energy cost sav13 ings specific to the subject property, based on 

14 specific information about the property; 

15 (B) be prepared in accordance with the 

16 guidelines to be issued under subsection (a); 

17 and 

18 (C) be prepared— 

19 (i) in accordance with the Residential 

20 Energy Service Network’s Home Energy 

21 Rating System (commonly known as 

22 ‘‘HERS’’) by an individual certified by the 

23 Residential Energy Service Network, un24 less the Secretary of Housing and Urban 

25 Development finds that the use of HERS 


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1 does not further the purposes of this sub2 title; 

3 (ii) in accordance with the Alaska 

4 Housing Finance Corporation energy rat5 ing system by an individual certified by the 

6 Alaska Housing Finance Corporation as an 

7 authorized Energy Rater; or 

8 (iii) by other methods approved by the 

9 Secretary of Housing and Urban Develop10 ment, in consultation with the Secretary 

11 and the advisory group established in sec12 tion 1505(c), for use under this subtitle, 

13 which shall include a third-party quality 

14 assurance procedure. 

15 (3) USE BY APPRAISER.—If an energy effi16 ciency report is used under subsection (b), the en17 ergy efficiency report shall be provided to the ap18 praiser to estimate the energy efficiency of the sub19 ject property and for potential adjustments for en20 ergy efficiency. 

21 (d) PRICING OF LOANS.— 

22 (1) IN GENERAL.—The Federal Housing Ad23 ministration may price covered loans originated 

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1 quired under this section in accordance with the esti2 mated risk of the loans. 

3 (2) IMPOSITION OF CERTAIN MATERIAL COSTS, 

4 IMPEDIMENTS, OR PENALTIES.—In the absence of a 

5 publicly disclosed analysis that demonstrates signifi6 cant additional default risk or prepayment risk asso7 ciated with the loans, the Federal Housing Adminis8 tration shall not impose material costs, impediments, 

9 or penalties on covered loans merely because the 

10 loan uses an energy efficiency report or the en11 hanced loan eligibility requirements required under 

12 this section. 

13 (e) LIMITATIONS.— 

14 (1) IN GENERAL.—The Federal Housing Ad15 ministration may price covered loans originated 

16 under the enhanced loan eligibility requirements re17 quired under this section in accordance with the esti18 mated risk of those loans. 

19 (2) PROHIBITED ACTIONS.—The Federal Hous20 ing Administration shall not— 

21 (A) modify existing underwriting criteria 

22 or adopt new underwriting criteria that inten23 tionally negate or reduce the impact of the re24 quirements or resulting benefits that are set 

25 forth or otherwise derived from the enhanced 


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1 loan eligibility requirements required under this 

2 section; or 

3 (B) impose greater buy back requirements, 

4 credit overlays, or insurance requirements, in5 cluding private mortgage insurance, on covered 

6 loans merely because the loan uses an energy 

7 efficiency report or the enhanced loan eligibility 

8 requirements required under this section. 

9 (f) APPLICABILITY AND IMPLEMENTATION DATE.— 

10 Not later than 3 years after the date of enactment of this 

11 Act, and before December 31, 2019, the enhanced loan 

12 eligibility requirements required under this section shall 

13 be implemented by the Federal Housing Administration 

14 to— 

15 (1) apply to any covered loan for the sale, or 

16 refinancing of any loan for the sale, of any home; 

17 (2) be available on any residential real property 

18 (including individual units of condominiums and co19 operatives) that qualifies for a covered loan; and 

20 (3) provide prospective mortgagees with suffi21 cient guidance and applicable tools to implement the 

22 required underwriting methods. 


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1 SEC. 1503. ENHANCED ENERGY EFFICIENCY UNDER2 WRITING VALUATION GUIDELINES. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary of Housing 

5 and Urban Development shall— 

6 (1) in consultation with the Federal Financial 

7 Institutions Examination Council and the advisory 

8 group established in section 1505(c), develop and 

9 issue guidelines for the Federal Housing Administra10 tion to determine the maximum permitted loan 

11 amount based on the value of the property for all 

12 covered loans made on properties with an energy ef13 ficiency report that meets the requirements of sec14 tion 1502(c)(2); and 

15 (2) in consultation with the Secretary, issue 

16 guidelines for the Federal Housing Administration 

17 to determine the estimated energy savings under 

18 subsection (c) for properties with an energy effi19 ciency report. 

20 (b) REQUIREMENTS.—The enhanced energy effi21 ciency underwriting valuation guidelines required under 

22 subsection (a) shall include— 

23 (1) a requirement that if an energy efficiency 

24 report that meets the requirements of section 

25 1502(c)(2) is voluntarily provided to the mortgagee, 

26 such report shall be used by the mortgagee or the 


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1 Federal Housing Administration to determine the 

2 estimated energy savings of the subject property; 

3 and 

4 (2) a requirement that the estimated energy 

5 savings of the subject property be added to the ap6 praised value of the subject property by a mortgagee 

7 or the Federal Housing Administration for the pur8 pose of determining the loan-to-value ratio of the 

9 subject property, unless the appraisal includes the 

10 value of the overall energy efficiency of the subject 

11 property, using methods to be established under the 

12 guidelines issued under subsection (a). 

13 (c) DETERMINATION OF ESTIMATED ENERGY SAV14 INGS.— 

15 (1) AMOUNT OF ENERGY SAVINGS.—The 

16 amount of estimated energy savings shall be deter17 mined by calculating the difference between the esti18 mated energy costs for the average comparable 

19 houses, as determined in guidelines to be issued 

20 under subsection (a), and the estimated energy costs 

21 for the subject property based upon the energy effi22 ciency report. 

23 (2) DURATION OF ENERGY SAVINGS.—The du24 ration of the estimated energy savings shall be based 

25 upon the estimated life of the applicable equipment, 


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1 consistent with the rating system used to produce 

2 the energy efficiency report. 

3 (3) PRESENT VALUE OF ENERGY SAVINGS.— 

4 The present value of the future savings shall be dis5 counted using the average interest rate on conven6 tional 30-year mortgages, in the manner directed by 

7 guidelines issued under subsection (a). 

8 (d) ENSURING CONSIDERATION OF ENERGY EFFI9 CIENT FEATURES.—Section 1110 of the Financial Institu10 tions Reform, Recovery, and Enforcement Act of 1989 (12 

11 U.S.C. 3339) is amended— 

12 (1) in paragraph (2), by striking ‘‘; and’’ at the 

13 end; 

14 (2) in paragraph (3), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

16 (3) by inserting after paragraph (3) the fol17 lowing: 

18 ‘‘(4) that State certified and licensed appraisers 

19 have timely access, whenever practicable, to informa20 tion from the property owner and the lender that 

21 may be relevant in developing an opinion of value re22 garding the energy-saving improvements or features 

23 of a property, such as— 

24 ‘‘(A) labels or ratings of buildings; 


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1 ‘‘(B) installed appliances, measures, sys2 tems or technologies; 

3 ‘‘(C) blueprints; 

4 ‘‘(D) construction costs; 

5 ‘‘(E) financial or other incentives regard6 ing energy-efficient components and systems in7 stalled in a property; 

8 ‘‘(F) utility bills; 

9 ‘‘(G) energy consumption and bench10 marking data; and 

11 ‘‘(H) third-party verifications or represen12 tations of energy and water efficiency perform13 ance of a property, observing all financial pri14 vacy requirements adhered to by certified and 

15 licensed appraisers, including section 501 of the 

16 Gramm-Leach-Bliley Act (15 U.S.C. 6801). 

17 Unless a property owner consents to a lender, an ap18 praiser, in carrying out the requirements of para19 graph (4), shall not have access to the commercial 

20 or financial information of the owner that is privi21 leged or confidential.’’. 

22 (e) TRANSACTIONS REQUIRING STATE CERTIFIED

23 APPRAISERS.—Section 1113 of the Financial Institutions 

24 Reform, Recovery, and Enforcement Act of 1989 (12 

25 U.S.C. 3342) is amended— 


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1 (1) in paragraph (1), by inserting before the 

2 semicolon the following: ‘‘, or any real property on 

3 which the appraiser makes adjustments using an en4 ergy efficiency report’’; and 

5 (2) in paragraph (2), by inserting after before 

6 the period at the end the following: ‘‘, or an ap7 praisal on which the appraiser makes adjustments 

8 using an energy efficiency report’’. 

9 (f) PROTECTIONS.— 

10 (1) AUTHORITY TO IMPOSE LIMITATIONS.—The 

11 guidelines to be issued under subsection (a) shall in12 clude such limitations and conditions as determined 

13 by the Secretary of Housing and Urban Develop14 ment to be necessary to protect against meaningful 

15 under or over valuation of energy cost savings or du16 plicative counting of energy efficiency features or en17 ergy cost savings in the valuation of any subject 

18 property that is used to determine a loan amount. 

19 (2) ADDITIONAL AUTHORITY.—At the end of 

20 the 7-year period following the implementation of 

21 enhanced eligibility and underwriting valuation re22 quirements under this subtitle, the Secretary of 

23 Housing and Urban Development may modify or 

24 apply additional exceptions to the approach de25 scribed in subsection (b), where the Secretary of 


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1 Housing and Urban Development finds that the 

2 unadjusted appraisal will reflect an accurate market 

3 value of the efficiency of the subject property or that 

4 a modified approach will better reflect an accurate 

5 market value. 

6 (g) APPLICABILITY AND IMPLEMENTATION DATE.— 

7 Not later than 3 years after the date of enactment of this 

8 Act, and before December 31, 2019, the Federal Housing 

9 Administration shall implement the guidelines required 

10 under this section, which shall— 

11 (1) apply to any covered loan for the sale, or 

12 refinancing of any loan for the sale, of any home; 

13 and 

14 (2) be available on any residential real property, 

15 including individual units of condominiums and co16 operatives, that qualifies for a covered loan. 

17 SEC. 1504. MONITORING. 

18 Not later than 1 year after the date on which the 

19 enhanced eligibility and underwriting valuation require20 ments are implemented under this subtitle, and every year 

21 thereafter, the Federal Housing Administration shall issue 

22 and make available to the public a report that— 

23 (1) enumerates the number of covered loans of 

24 the Federal Housing Administration for which there 

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1 ergy efficiency appraisal guidelines and enhanced 

2 loan eligibility requirements; 

3 (2) includes the default rates and rates of fore4 closures for each category of loans; and 

5 (3) describes the risk premium, if any, that the 

6 Federal Housing Administration has priced into cov7 ered loans for which there was an energy efficiency 

8 report. 

9 SEC. 1505. RULEMAKING. 

10 (a) IN GENERAL.—The Secretary of Housing and 

11 Urban Development shall prescribe regulations to carry 

12 out this subtitle, in consultation with the Secretary and 

13 the advisory group established in subsection (c), which 

14 may contain such classifications, differentiations, or other 

15 provisions, and may provide for such proper implementa16 tion and appropriate treatment of different types of trans17 actions, as the Secretary of Housing and Urban Develop18 ment determines are necessary or proper to effectuate the 

19 purposes of this subtitle, to prevent circumvention or eva20 sion thereof, or to facilitate compliance therewith. 

21 (b) RULE OF CONSTRUCTION.—Nothing in this sub22 title shall be construed to authorize the Secretary of Hous23 ing and Urban Development to require any homeowner or 

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1 ficiency labels, or other disclosures to the Federal Housing 

2 Administration or to a mortgagee. 

3 (c) ADVISORY GROUP.—To assist in carrying out this 

4 subtitle, the Secretary of Housing and Urban Develop5 ment shall establish an advisory group, consisting of indi6 viduals representing the interests of— 

7 (1) mortgage lenders; 

8 (2) appraisers; 

9 (3) energy raters and residential energy con10 sumption experts; 

11 (4) energy efficiency organizations; 

12 (5) real estate agents; 

13 (6) home builders and remodelers; 

14 (7) consumer advocates; 

15 (8) State energy officials; and 

16 (9) others as determined by the Secretary of 

17 Housing and Urban Development. 

18 SEC. 1506. ADDITIONAL STUDY. 

19 (a) IN GENERAL.—Not later than 18 months after 

20 the date of enactment of this Act, the Secretary of Hous21 ing and Urban Development shall reconvene the advisory 

22 group established in section 1505(c), in addition to water 

23 and locational efficiency experts, to advise the Secretary 

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1 tion of the enhanced energy efficiency underwriting cri2 teria established in sections 1502 and 1503. 

3 (b) RECOMMENDATIONS.—The advisory group estab4 lished in section 1505(c) shall provide recommendations 

5 to the Secretary of Housing and Urban Development on 

6 any revisions or additions to the enhanced energy effi7 ciency underwriting criteria deemed necessary by the 

8 group, which may include alternate methods to better ac9 count for home energy costs and additional factors to ac10 count for substantial and regular costs of homeownership 

11 such as location-based transportation costs and water 

12 costs. The Secretary of Housing and Urban Development 

13 shall forward any legislative recommendations from the 

14 advisory group to Congress for its consideration. 

15 TITLE II—INFRASTRUCTURE 

16 Subtitle A—Cybersecurity 

17 SEC. 2001. SANCTIONS FOR DISCLOSURE OF CRITICAL 

18 ELECTRIC INFRASTRUCTURE INFORMATION. 

19 Section 215A(d)(2) of the Federal Power Act (16 

20 U.S.C. 824o–1(d)(2)) is amended by striking subpara21 graph (C) and inserting the following: 

22 ‘‘(C)(i) ensure there are appropriate sanc23 tions in place for Commissioners and former 

24 Commissioners who knowingly and willfully dis25 close critical electric infrastructure information 


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1 in a manner that is not authorized under this 

2 section, with such sanctions to include, at a 

3 minimum, the potential loss of access to critical 

4 electric infrastructure information and the po5 tential public issuance of letters of reprimand; 

6 and 

7 ‘‘(ii) ensure there are appropriate sanc8 tions in place for officers, employees, or agents 

9 of the Commission or the Department of En10 ergy who knowingly and willfully disclose crit11 ical electric infrastructure information in a 

12 manner that is not authorized under this sec13 tion; and’’. 

14 SEC. 2002. ENHANCED GRID SECURITY. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ELECTRIC UTILITY.—The term ‘‘electric 

17 utility’’ has the meaning given the term in section 

18 3 of the Federal Power Act (16 U.S.C. 796). 

19 (2) ES–ISAC.—The term ‘‘ES–ISAC’’ means 

20 the Electricity Sector Information Sharing and 

21 Analysis Center. 

22 (3) NATIONAL LABORATORY.—The term ‘‘Na23 tional Laboratory’’ has the meaning given the term 

24 in section 2 of the Energy Policy Act of 2005 (42 

25 U.S.C. 15801). 


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1 (b) CYBERSECURITY FOR THE ENERGY SECTOR RE2 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO3 GRAM.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with appropriate Federal agencies, the energy 

6 sector, the States, and other stakeholders, shall 

7 carry out a program— 

8 (A) to develop advanced cybersecurity ap9 plications and technologies for the energy sec10 tor— 

11 (i) to identify and mitigate 

12 vulnerabilities, including— 

13 (I) dependencies on other critical 

14 infrastructure; and 

15 (II) impacts from weather and 

16 fuel supply; and 

17 (ii) to advance the security of field de18 vices and third-party control systems, in19 cluding— 

20 (I) systems for generation, trans21 mission, distribution, end use, and 

22 market functions; 

23 (II) specific electric grid elements 

24 including advanced metering, demand 


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1 response, distributed generation, and 

2 electricity storage; 

3 (III) forensic analysis of infected 

4 systems; and 

5 (IV) secure communications; 

6 (B) to leverage electric grid architecture as 

7 a means to assess risks to the energy sector, in8 cluding by implementing an all-hazards ap9 proach to communications infrastructure, con10 trol systems architecture, and power systems 

11 architecture; 

12 (C) to perform pilot demonstration projects 

13 with the energy sector to gain experience with 

14 new technologies; and 

15 (D) to develop workforce development cur16 ricula for energy sector-related cybersecurity. 

17 (2) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this subsection $65,000,000 for each of fiscal years 

20 2018 through 2026. 

21 (c) ENERGY SECTOR COMPONENT TESTING FOR

22 CYBERRESILIENCE PROGRAM.— 

23 (1) IN GENERAL.—The Secretary shall carry 

24 out a program— 


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1 (A) to establish a cybertesting and mitiga2 tion program to identify vulnerabilities of en3 ergy sector supply chain products to known 

4 threats; 

5 (B) to collaborate with third-party 

6 cybertesting; and 

7 (C) to develop procurement guidelines for 

8 energy sector supply chain components. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this subsection $15,000,000 for each of fiscal years 

12 2018 through 2026. 

13 (d) ENERGY SECTOR OPERATIONAL SUPPORT FOR

14 CYBERRESILIENCE PROGRAM.— 

15 (1) IN GENERAL.—The Secretary may carry out 

16 a program— 

17 (A) to enhance and periodically test— 

18 (i) the emergency response capabilities 

19 of the Department; and 

20 (ii) the coordination of the Depart21 ment with other agencies, the National 

22 Laboratories, and private industry; 

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1 ergy sector-related threat collection and anal2 ysis; 

3 (C) to enhance the tools of the Department 

4 and ES–ISAC for monitoring the status of the 

5 energy sector; 

6 (D) to expand industry participation in 

7 ES–ISAC; and 

8 (E) to provide technical assistance to small 

9 electric utilities for purposes of assessing 

10 cybermaturity level. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection $10,000,000 for each of fiscal years 

14 2018 through 2026. 

15 (e) MODELING AND ASSESSING ENERGY INFRA16 STRUCTURE RISK.— 

17 (1) IN GENERAL.—The Secretary shall develop 

18 an advanced energy security program to secure en19 ergy networks, including electric, natural gas, and 

20 oil exploration, transmission, and delivery. 

21 (2) SECURITY AND RESILIENCY OBJECTIVE.— 

22 The objective of the program developed under para23 graph (1) is to increase the functional preservation 

24 of the electric grid operations or natural gas and oil 

25 operations in the face of natural and human-made 


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1 threats and hazards, including electric magnetic 

2 pulse and geomagnetic disturbances. 

3 (3) ELIGIBLE ACTIVITIES.—In carrying out the 

4 program developed under paragraph (1), the Sec5 retary may— 

6 (A) develop capabilities to identify 

7 vulnerabilities and critical components that pose 

8 major risks to grid security if destroyed or im9 paired; 

10 (B) provide modeling at the national level 

11 to predict impacts from natural or human-made 

12 events; 

13 (C) develop a maturity model for physical 

14 security and cybersecurity; 

15 (D) conduct exercises and assessments to 

16 identify and mitigate vulnerabilities to the elec17 tric grid, including providing mitigation rec18 ommendations; 

19 (E) conduct research hardening solutions 

20 for critical components of the electric grid; 

21 (F) conduct research mitigation and recov22 ery solutions for critical components of the elec23 tric grid; and 


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1 (G) provide technical assistance to States 

2 and other entities for standards and risk anal3 ysis. 

4 (4) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated to carry out 

6 this subsection $10,000,000 for each of fiscal years 

7 2018 through 2026. 

8 (f) LEVERAGING EXISTING PROGRAMS.—The pro9 grams established under this section shall be carried out 

10 consistent with— 

11 (1) the report of the Department entitled 

12 ‘‘Roadmap to Achieve Energy Delivery Systems Cy13 bersecurity’’ and dated 2011; 

14 (2) existing programs of the Department; and 

15 (3) any associated strategic framework that 

16 links together academic and National Laboratory re17 searchers, electric utilities, manufacturers, and any 

18 other relevant private industry organizations, includ19 ing the Electricity Sub-sector Coordinating Council. 

20 (g) STUDY.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of enactment of this Act, the Sec23 retary, in consultation with the Federal Energy Reg24 ulatory Commission and the North American Elec25 tric Reliability Corporation, shall conduct a study to 


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1 explore alternative management structures and fund2 ing mechanisms to expand industry membership and 

3 participation in ES–ISAC. 

4 (2) REPORT.—The Secretary shall submit to 

5 the appropriate committees of Congress a report de6 scribing the results of the study conducted under 

7 paragraph (1). 

8 Subtitle B—Strategic Petroleum 

9 Reserve 

10 SEC. 2101. STRATEGIC PETROLEUM RESERVE DRAWDOWN 

11 AND SALE. 

12 Section 403 of the Bipartisan Budget Act of 2015 

13 (Public Law 114–74; 129 Stat. 589) is amended by add14 ing at the end the following: 

15 ‘‘(d) INCREASE; LIMITATION.— 

16 ‘‘(1) INCREASE.—The Secretary of Energy may 

17 increase the drawdown and sales under paragraphs 

18 (1) through (8) of subsection (a) as the Secretary of 

19 Energy determines to be appropriate to maximize 

20 the financial return to United States taxpayers. 

21 ‘‘(2) LIMITATION.—The Secretary of Energy 

22 shall not drawdown or conduct sales of crude oil 

23 under this section after the date on which a total of 

24 $5,050,000,000 has been deposited in the general 


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1 fund of the Treasury from sales authorized under 

2 this section.’’. 

3 Subtitle C—Trade 

4 SEC. 2201. ACTION ON APPLICATIONS TO EXPORT LIQUE5 FIED NATURAL GAS. 

6 (a) DECISION DEADLINE.—For proposals that must 

7 also obtain authorization from the Federal Energy Regu8 latory Commission or the Maritime Administration to site, 

9 construct, expand, or operate liquefied natural gas export 

10 facilities, the Secretary shall issue a final decision on any 

11 application for the authorization to export natural gas 

12 under section 3(a) of the Natural Gas Act (15 U.S.C. 

13 717b(a)) not later than 45 days after the later of— 

14 (1) the conclusion of the review to site, con15 struct, expand, or operate the liquefied natural gas 

16 export facilities required by the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

18 or 

19 (2) the date of enactment of this Act. 

20 (b) CONCLUSION OF REVIEW.—For purposes of sub21 section (a), review required by the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

23 be considered concluded when the lead agency— 


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1 (1) for a project requiring an Environmental 

2 Impact Statement, publishes a Final Environmental 

3 Impact Statement; 

4 (2) for a project for which an Environmental 

5 Assessment has been prepared, publishes a Finding 

6 of No Significant Impact; or 

7 (3) determines that an application is eligible for 

8 a categorical exclusion pursuant to National Envi9 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.) implementing regulations. 

11 (c) JUDICIAL REVIEW.— 

12 (1) IN GENERAL.—Except for review in the Su13 preme Court, the United States Court of Appeals for 

14 the District of Columbia Circuit or the circuit in 

15 which the liquefied natural gas export facility will be 

16 located pursuant to an application described in sub17 section (a) shall have original and exclusive jurisdic18 tion over any civil action for the review of— 

19 (A) an order issued by the Secretary with 

20 respect to such application; or 

21 (B) the failure of the Secretary to issue a 

22 final decision on such application. 

23 (2) ORDER.—If the Court in a civil action de24 scribed in paragraph (1) finds that the Secretary 

25 has failed to issue a final decision on the application 


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1 as required under subsection (a), the Court shall 

2 order the Secretary to issue the final decision not 

3 later than 30 days after the order of the Court. 

4 (3) EXPEDITED CONSIDERATION.—The Court 

5 shall— 

6 (A) set any civil action brought under this 

7 subsection for expedited consideration; and 

8 (B) set the matter on the docket as soon 

9 as practicable after the filing date of the initial 

10 pleading. 

11 (4) TRANSFERS.—In the case of an application 

12 described in subsection (a) for which a petition for 

13 review has been filed— 

14 (A) upon motion by an applicant, the mat15 ter shall be transferred to the United States 

16 Court of Appeals for the District of Columbia 

17 Circuit or the circuit in which a liquefied nat18 ural gas export facility will be located pursuant 

19 to an application described in section 3(a) of 

20 the Natural Gas Act (15 U.S.C. 717b(a)); and 

21 (B) the provisions of this section shall 

22 apply. 


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1 SEC. 2202. PUBLIC DISCLOSURE OF LIQUEFIED NATURAL 

2 GAS EXPORT DESTINATIONS. 

3 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

4 is amended by adding at the end the following: 

5 ‘‘(g) PUBLIC DISCLOSURE OF LNG EXPORT DES6 TINATIONS.— 

7 ‘‘(1) IN GENERAL.—In the case of any author8 ization to export liquefied natural gas, the Secretary 

9 of Energy shall require the applicant to report to the 

10 Secretary of Energy the names of the 1 or more 

11 countries of destination to which the exported lique12 fied natural gas is delivered. 

13 ‘‘(2) TIMING.—The applicant shall file the re14 port required under paragraph (1) not later than— 

15 ‘‘(A) in the case of the first export, the 

16 last day of the month following the month of 

17 the first export; and 

18 ‘‘(B) in the case of subsequent exports, the 

19 date that is 30 days after the last day of the 

20 applicable month concerning the activity of the 

21 previous month. 

22 ‘‘(3) DISCLOSURE.—The Secretary of Energy 

23 shall publish the information reported under this 

24 subsection on the website of the Department of En25 ergy and otherwise make the information available 

26 to the public.’’. 


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1 Subtitle D—Electricity 

2 SEC. 2301. GRID STORAGE PROGRAM. 

3 (a) IN GENERAL.—The Secretary shall conduct a 

4 program of research, development, and demonstration of 

5 electric grid energy storage that addresses the principal 

6 challenges identified in the 2013 Department of Energy 

7 Strategic Plan for Grid Energy Storage. 

8 (b) AREAS OF FOCUS.—The program under this sec9 tion shall focus on— 

10 (1) materials, electric thermal, 

11 electromechanical, and electrochemical systems re12 search; 

13 (2) power conversion technologies research; 

14 (3) developing— 

15 (A) empirical and science-based industry 

16 standards to compare the storage capacity, 

17 cycle length and capabilities, and reliability of 

18 different types of electricity storage; and 

19 (B) validation and testing techniques; 

20 (4) other fundamental and applied research 

21 critical to widespread deployment of electricity stor22 age; 

23 (5) device development that builds on results 

24 from research described in paragraphs (1), (2), and 

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1 vanced optimizing controls, and energy storage as a 

2 general purpose element of the electric grid; 

3 (6) grid-scale testing and analysis of storage 

4 devices, including test-beds and field trials; 

5 (7) cost-benefit analyses that inform capital ex6 penditure planning for regulators and owners and 

7 operators of components of the electric grid; 

8 (8) electricity storage device safety and reli9 ability, including potential failure modes, mitigation 

10 measures, and operational guidelines; 

11 (9) standards for storage device performance, 

12 control interface, grid interconnection, and inter13 operability; and 

14 (10) maintaining a public database of energy 

15 storage projects, policies, codes, standards, and reg16 ulations. 

17 (c) ASSISTANCE TO STATES.—The Secretary may 

18 provide technical and financial assistance to States, Indian 

19 tribes, or units of local government to participate in or 

20 use research, development, or demonstration of technology 

21 developed under this section. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary to carry 

24 out this section $50,000,000 for each of fiscal years 2018 

25 through 2027. 


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1 (e) NO EFFECT ON OTHER PROVISIONS OF LAW.— 

2 Nothing in this subtitle or an amendment made by this 

3 subtitle authorizes regulatory actions that would duplicate 

4 or conflict with regulatory requirements, mandatory 

5 standards, or related processes under section 215 of the 

6 Federal Power Act (16 U.S.C. 824o). 

7 (f) USE OF FUNDS.—To the maximum extent prac8 ticable, in carrying out this section, the Secretary shall 

9 ensure that the use of funds to carry out this section is 

10 coordinated among different offices within the Grid Mod11 ernization Initiative of the Department and other pro12 grams conducting energy storage research. 

13 SEC. 2302. ELECTRIC GRID ARCHITECTURE, SCENARIO DE14 VELOPMENT, AND MODELING. 

15 (a) GRID ARCHITECTURE AND SCENARIO DEVELOP16 MENT.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 the Secretary shall establish and facilitate a collabo19 rative process to develop model grid architecture and 

20 a set of future scenarios for the electric grid to ex21 amine the impacts of different combinations of re22 sources (including different quantities of distributed 

23 energy resources and large-scale, central generation) 

24 on the electric grid. 


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1 (2) MARKET STRUCTURE.—The grid architec2 ture and scenarios developed under paragraph (1) 

3 shall account for differences in market structure, in4 cluding an examination of the potential for stranded 

5 costs in each type of market structure. 

6 (3) FINDINGS.—Based on the findings of grid 

7 architecture developed under paragraph (1), the Sec8 retary shall— 

9 (A) determine whether any additional 

10 standards are necessary to ensure the interoper11 ability of grid systems and associated commu12 nications networks; and 

13 (B) if the Secretary makes a determination 

14 that additional standards are necessary under 

15 subparagraph (A), make recommendations for 

16 additional standards, including, as may be ap17 propriate, to the Electric Reliability Organiza18 tion under section 215 of the Federal Power 

19 Act (16 U.S.C. 824o). The Electric Reliability 

20 Organization shall not be under any obligation 

21 to establish any process to consider such rec22 ommendations. 

23 (b) MODELING.—Subject to subsection (c), the Sec24 retary shall— 


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1 (1) conduct modeling based on the scenarios de2 veloped under subsection (a); and 

3 (2) analyze and evaluate the technical and fi4 nancial impacts of the models to assist States, utili5 ties, and other stakeholders in— 

6 (A) enhancing strategic planning efforts; 

7 (B) avoiding stranded costs; and 

8 (C) maximizing the cost-effectiveness of fu9 ture grid-related investments. 

10 (c) INPUT.—The Secretary shall develop the sce11 narios and conduct the modeling and analysis under sub12 sections (a) and (b) with participation or input, as appro13 priate, from— 

14 (1) the National Laboratories; 

15 (2) States; 

16 (3) State regulatory authorities; 

17 (4) transmission organizations; 

18 (5) representatives of all sectors of the electric 

19 power industry; 

20 (6) academic institutions; 

21 (7) independent research institutes; and 

22 (8) other entities. 

23 (d) EFFECT.—Nothing in this section grants any per24 son a right to receive or review confidential, proprietary, 


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1 or otherwise protected information concerning grid archi2 tecture or scenarios. 

3 SEC. 2303. HYBRID MICRO-GRID SYSTEMS FOR ISOLATED 

4 AND RESILIENT COMMUNITIES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) HYBRID MICRO-GRID SYSTEM.—The term 

7 ‘‘hybrid micro-grid system’’ means a stand-alone 

8 electrical system that— 

9 (A) is comprised of conventional generation 

10 and at least 1 alternative energy resource; and 

11 (B) may use grid-scale energy storage. 

12 (2) ISOLATED COMMUNITY.—The term ‘‘iso13 lated community’’ means a community that is pow14 ered by a stand-alone electric generation and dis15 tribution system without the economic and reliability 

16 benefits of connection to a regional electric grid. 

17 (3) MICRO-GRID SYSTEM.—The term ‘‘micro18 grid system’’ means a standalone electrical system 

19 that uses grid-scale energy storage. 

20 (4) STRATEGY.—The term ‘‘strategy’’ means 

21 the strategy developed pursuant to subsection 

22 (b)(2)(B). 

23 (b) PROGRAM.— 

24 (1) ESTABLISHMENT.—The Secretary shall es25 tablish a program to promote the development of— 


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1 (A) hybrid micro-grid systems for isolated 

2 communities; and 

3 (B) micro-grid systems to increase the re4 silience of critical infrastructure. 

5 (2) PHASES.—The program established under 

6 paragraph (1) shall be divided into the following 

7 phases: 

8 (A) Phase I, which shall consist of the de9 velopment of a feasibility assessment for— 

10 (i) hybrid micro-grid systems in iso11 lated communities; and 

12 (ii) micro-grid systems to enhance the 

13 resilience of critical infrastructure. 

14 (B) Phase II, which shall consist of the de15 velopment of an implementation strategy, in ac16 cordance with paragraph (3), to promote the 

17 development of hybrid micro-grid systems for 

18 isolated communities, particularly for those 

19 communities exposed to extreme weather condi20 tions and high energy costs, including elec21 tricity, space heating and cooling, and transpor22 tation. 

23 (C) Phase III, which shall be carried out 

24 in parallel with Phase II and consist of the de25 velopment of an implementation strategy to 


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1 promote the development of micro-grid systems 

2 that increase the resilience of critical infrastruc3 ture. 

4 (D) Phase IV, which shall consist of cost5 shared demonstration projects, based upon the 

6 strategies developed under subparagraph (B) 

7 that include the development of physical and cy8 bersecurity plans to take appropriate measures 

9 to protect and secure the electric grid. 

10 (E) Phase V, which shall establish a bene11 fits analysis plan to help inform regulators, pol12 icymakers, and industry stakeholders about the 

13 affordability, environmental and resilience bene14 fits associated with Phases II, III, and IV. 

15 (3) REQUIREMENTS FOR STRATEGY.—In devel16 oping the strategy under paragraph (2)(B), the Sec17 retary shall consider— 

18 (A) establishing future targets for the eco19 nomic displacement of conventional generation 

20 using hybrid micro-grid systems, including dis21 placement of conventional generation used for 

22 electric power generation, heating and cooling, 

23 and transportation; 


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1 (B) the potential for renewable resources, 

2 including wind, solar, and hydropower, to be in3 tegrated into a hybrid micro-grid system; 

4 (C) opportunities for improving the effi5 ciency of existing hybrid micro-grid systems; 

6 (D) the capacity of the local workforce to 

7 operate, maintain, and repair a hybrid micro8 grid system; 

9 (E) opportunities to develop the capacity of 

10 the local workforce to operate, maintain, and 

11 repair a hybrid micro-grid system; 

12 (F) leveraging existing capacity within 

13 local or regional research organizations, such as 

14 organizations based at institutions of higher 

15 education, to support development of hybrid 

16 micro-grid systems, including by testing novel 

17 components and systems prior to field deploy18 ment; 

19 (G) the need for basic infrastructure to de20 velop, deploy, and sustain a hybrid micro-grid 

21 system; 

22 (H) input of traditional knowledge from 

23 local leaders of isolated communities in the de24 velopment of a hybrid micro-grid system; 


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1 (I) the impact of hybrid micro-grid systems 

2 on defense, homeland security, economic devel3 opment, and environmental interests; 

4 (J) opportunities to leverage existing inter5 agency coordination efforts and recommenda6 tions for new interagency coordination efforts to 

7 minimize unnecessary overhead, mobilization, 

8 and other project costs; and 

9 (K) any other criteria the Secretary deter10 mines appropriate. 

11 (c) COLLABORATION.—The program established 

12 under subsection (b)(1) shall be carried out in collabora13 tion with relevant stakeholders, including, as appro14 priate— 

15 (1) States; 

16 (2) Indian tribes; 

17 (3) regional entities and regulators; 

18 (4) units of local government; 

19 (5) institutions of higher education; and 

20 (6) private sector entities. 

21 (d) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, and annually thereafter until cal23 endar year 2026, the Secretary shall submit to the Com24 mittee on Energy and Natural Resources of the Senate 

25 and the Committee on Energy and Commerce of the 


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1 House of Representatives a report on the efforts to imple2 ment the program established under subsection (b)(1) and 

3 the status of the strategy developed under subsection 

4 (b)(2)(B). 

5 SEC. 2304. VOLUNTARY MODEL PATHWAYS. 

6 (a) ESTABLISHMENT OF VOLUNTARY MODEL PATH7 WAYS.— 

8 (1) ESTABLISHMENT.—Not later than 90 days 

9 after the date of enactment of this Act, the Sec10 retary, in consultation with the steering committee 

11 established under paragraph (3), shall initiate the 

12 development of voluntary model pathways for mod13 ernizing the electric grid through a collaborative, 

14 public-private effort that— 

15 (A) produces illustrative policy pathways 

16 encompassing a diverse range of technologies 

17 that can be adapted for State and regional ap18 plications by regulators and policymakers; 

19 (B) facilitates the modernization of the 

20 electric grid and associated communications 

21 networks to achieve the objectives described in 

22 paragraph (2); 

23 (C) ensures a reliable, resilient, affordable, 

24 safe, and secure electric grid; and 


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1 (D) acknowledges and accounts for dif2 ferent priorities, electric systems, and rate 

3 structures across States and regions. 

4 (2) OBJECTIVES.—The pathways established 

5 under paragraph (1) shall facilitate achievement of 

6 as many of the following objectives as practicable: 

7 (A) Near real-time situational awareness of 

8 the electric system. 

9 (B) Data visualization. 

10 (C) Advanced monitoring and control of 

11 the advanced electric grid. 

12 (D) Enhanced certainty of policies for in13 vestment in the electric grid. 

14 (E) Increased innovation. 

15 (F) Greater consumer empowerment. 

16 (G) Enhanced grid resilience, reliability, 

17 and robustness. 

18 (H) Improved— 

19 (i) integration of distributed energy 

20 resources; 

21 (ii) interoperability of the electric sys22 tem; and 

23 (iii) predictive modeling and capacity 

24 forecasting. 

25 (I) Reduced cost of service for consumers. 


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1 (J) Diversification of generation sources. 

2 (3) STEERING COMMITTEE.—Not later than 90 

3 days after the date of enactment of this Act, the 

4 Secretary shall establish a steering committee to 

5 help develop the pathways under paragraph (1), to 

6 be composed of members appointed by the Secretary, 

7 consisting of persons with appropriate expertise rep8 resenting a diverse range of interests in the public, 

9 private, and academic sectors, including representa10 tives of— 

11 (A) the Federal Energy Regulatory Com12 mission; 

13 (B) the National Laboratories; 

14 (C) States; 

15 (D) State regulatory authorities; 

16 (E) transmission organizations; 

17 (F) representatives of all sectors of the 

18 electric power industry; 

19 (G) institutions of higher education; 

20 (H) independent research institutes; and 

21 (I) other entities. 

22 (b) TECHNICAL ASSISTANCE.—The Secretary may 

23 provide technical assistance to States, Indian tribes, or 

24 units of local government to adopt or implement 1 or more 


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1 elements of the pathways developed under subsection 

2 (a)(1), including on a pilot basis. 

3 SEC. 2305. PERFORMANCE METRICS FOR ELECTRICITY IN4 FRASTRUCTURE PROVIDERS. 

5 (a) IN GENERAL.—Not later than 2 years after the 

6 date of enactment of this Act, the Secretary, in consulta7 tion with the steering committee established under section 

8 2304(a)(3), shall submit to the Committee on Energy and 

9 Natural Resources of the Senate and the Committee on 

10 Energy and Commerce of the House of Representatives 

11 a report that includes— 

12 (1) an evaluation of the performance of the 

13 electric grid as of the date of the report; and 

14 (2) a description of the projected range of 

15 measurable costs and benefits associated with the 

16 changes evaluated under the scenarios developed 

17 under section 2302. 

18 (b) CONSIDERATIONS FOR DEVELOPMENT OF

19 METRICS.—In developing metrics for the evaluation and 

20 projections under subsection (a), the Secretary shall con21 sider— 

22 (1) standard methodologies for calculating im23 provements or deteriorations in the performance 

24 metrics, such as reliability, grid efficiency, power 


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1 quality, consumer satisfaction, sustainability, and fi2 nancial incentives; 

3 (2) standard methodologies for calculating po4 tential costs and measurable benefits value to rate5 payers, applying the performance metrics developed 

6 under paragraph (1); 

7 (3) identification of tools, resources, and de8 ployment models that may enable improved perform9 ance through the adoption of emerging, commer10 cially available or advanced grid technologies or solu11 tions, including— 

12 (A) multicustomer micro-grids; 

13 (B) distributed energy resources; 

14 (C) energy storage; 

15 (D) electric vehicles; 

16 (E) electric vehicle charging infrastructure; 

17 (F) integrated information and commu18 nications systems; 

19 (G) transactive energy systems; and 

20 (H) advanced demand management sys21 tems; and 

22 (4) the role of States and local regulatory au23 thorities in enabling a robust future electric grid to 

24 ensure that— 


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1 (A) electric utilities remain financially via2 ble; 

3 (B) electric utilities make the needed in4 vestments that ensure a reliable, secure, and re5 silient grid; and 

6 (C) costs incurred to transform to an inte7 grated grid are allocated and recovered respon8 sibly, efficiently, and equitably. 

9 SEC. 2306. VOLUNTARY STATE, REGIONAL, AND LOCAL 

10 ELECTRICITY DISTRIBUTION PLANNING. 

11 (a) IN GENERAL.—On the request of a State, re12 gional organization, or electric utility, the Secretary shall 

13 provide assistance to States, regional organizations, and 

14 electric utilities to facilitate the development of State, re15 gional, and local electricity distribution plans by— 

16 (1) conducting a resource assessment and anal17 ysis of future demand and distribution requirements; 

18 and 

19 (2) developing open source tools for State, re20 gional, and local planning and operations. 

21 (b) RISK AND SECURITY ANALYSIS.—The assessment 

22 under subsection (a)(1) shall include— 

23 (1) the evaluation of the physical security, cy24 bersecurity, and associated communications needs of 


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1 an advanced distribution management system and 

2 the integration of distributed energy resources; and 

3 (2) advanced use of grid architecture to analyze 

4 risks in an all-hazards approach that includes com5 munications infrastructure, control systems architec6 ture, and power systems architecture. 

7 (c) DESIGNATION.—The information collected for the 

8 assessment and analysis under subsection (a)(1)— 

9 (1) shall be considered to be critical electric in10 frastructure information under section 215A of the 

11 Federal Power Act (16 U.S.C. 824o–1); and 

12 (2) shall only be released in compliance with 

13 regulations implementing that section. 

14 (d) TECHNICAL ASSISTANCE.—For the purpose of 

15 assisting in the development of State and regional elec16 tricity distribution plans, the Secretary shall provide tech17 nical assistance to— 

18 (1) States; 

19 (2) regional reliability entities; and 

20 (3) other distribution asset owners and opera21 tors. 

22 (e) WITHDRAWAL.—A State or any entity that has 

23 requested technical assistance under this section may 

24 withdraw the request for technical assistance at any time, 


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1 and on such withdrawal, the Secretary shall terminate all 

2 assistance efforts. 

3 (f) EFFECT.—Nothing in this section authorizes the 

4 Secretary to require any State, regional organization, re5 gional reliability entity, asset owner, or asset operator to 

6 adopt any model, tool, plan, analysis, or assessment. 

7 SEC. 2307. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated to the Sec9 retary to carry out section 2302 through this section 

10 $200,000,000 for each of fiscal years 2018 through 2027. 

11 SEC. 2308. POWER MARKETING ADMINISTRATION AGREE12 MENTS. 

13 (a) IN GENERAL.—The Secretary of the Interior, 

14 with respect to public lands (as defined in section 103(e) 

15 of the Federal Land Policy and Management Act (43 

16 U.S.C. 1702(e)), and the Secretary of Agriculture, with 

17 respect to National Forest System land, shall provide for 

18 continuity of the existing use and occupancy for the trans19 mission of electric energy by any Federal department or 

20 agency granted across public lands or National Forest 

21 System land. 

22 (b) AGREEMENTS.—The Secretary of the Interior or 

23 the Secretary of Agriculture, as applicable, within 30 days 

24 after receiving a request from the Federal department or 

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1 cilities, shall, in consultation with that department or 

2 agency, initiate agreements regarding the use and occu3 pancy or right-of-way (including vegetation management 

4 agreements, where applicable). 

5 SEC. 2309. REPORT BY TRANSMISSION ORGANIZATIONS ON 

6 DISTRIBUTED ENERGY RESOURCES AND 

7 INTERCONNECTED MICRO-GRID SYSTEMS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) DISTRIBUTED ENERGY RESOURCE.—The 

10 term ‘‘distributed energy resource’’ means an elec11 tricity supply resource that, as permitted by State 

12 law— 

13 (A)(i) is interconnected to the electric sys14 tem at or below 69kV; and 

15 (ii) is subject to dispatch by the trans16 mission organization; and 

17 (B)(i) generates electricity using any pri18 mary energy source, including solar energy and 

19 other renewable resources; or 

20 (ii) stores energy and is capable of sup21 plying electricity to the electric system operated 

22 by the transmission organization from the stor23 age reservoir. 

24 (2) INTERCONNECTED MICRO-GRID SYSTEM.— 

25 The term ‘‘interconnected micro-grid system’’ means 


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1 an electrically distinct system under common control 

2 that is— 

3 (A) interconnected to the transmission or4 ganization; and 

5 (B) capable of operating in parallel with, 

6 or independently from, the bulk-power system. 

7 (3) TRANSMISSION ORGANIZATION.—The term 

8 ‘‘transmission organization’’ has the meaning given 

9 the term ‘‘Transmission Organization’’ in section 3 

10 of the Federal Power Act (16 U.S.C. 796). 

11 (b) REPORT.— 

12 (1) NOTICE.—Not later than 14 days after the 

13 date of enactment of this Act, the Commission shall 

14 submit to each transmission organization notice that 

15 the transmission organization is required to file with 

16 the Commission a report in accordance with para17 graph (2). 

18 (2) REPORT.—Not later than 180 days after 

19 the date on which a transmission organization re20 ceives a notice under paragraph (1), the trans21 mission organization shall submit to the Commission 

22 a report that— 

23 (A)(i) identifies distributed energy re24 sources and interconnected micro-grid systems; 

25 and 


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1 (ii) describes the fuel sources and oper2 ational characteristics of such distributed en3 ergy resources and interconnected micro-grid 

4 systems, including, to the extent practicable, a 

5 discussion of the benefits and costs associated 

6 with the distributed energy resources and inter7 connected micro-grid systems identified under 

8 clause (i); 

9 (B) evaluates, with due regard for oper10 ational and economic benefits and costs, the po11 tential for distributed energy resources and 

12 interconnected micro-grid systems to be de13 ployed to the transmission organization over the 

14 short- and long-term periods in the planning 

15 cycle of the transmission organization; and 

16 (C) identifies— 

17 (i) over the short- and long-term peri18 ods in the planning cycle of the trans19 mission organization, barriers to the avail20 ability to the transmission organization of 

21 distributed energy resources and inter22 connected micro-grid systems; and 

23 (ii) potential changes to the oper24 ational requirements for, or charges associ25 ated with, the availability of distributed enVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ergy resources and interconnected micro2 grid systems to the transmission organiza3 tion that would reduce the barriers identi4 fied under clause (i). 

5 SEC. 2310. VEGETATION MANAGEMENT, FACILITY INSPEC6 TION, AND OPERATION AND MAINTENANCE 

7 ON FEDERAL LAND CONTAINING ELECTRIC 

8 TRANSMISSION AND DISTRIBUTION FACILI9 TIES. 

10 (a) IN GENERAL.—Title V of the Federal Land Pol11 icy and Management Act of 1976 (43 U.S.C. 1761 et seq.) 

12 is amended by adding at the end the following: 

13 ‘‘SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPEC14 TION, AND OPERATION AND MAINTENANCE 

15 RELATING TO ELECTRIC TRANSMISSION AND 

16 DISTRIBUTION FACILITY RIGHTS-OF-WAY. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) OWNER; OPERATOR.—The terms ‘owner’ 

19 and ‘operator’ include contractors or other agents 

20 engaged by the owner or operator of an electric 

21 transmission or distribution facility. 

22 ‘‘(2) PLAN.—The term ‘plan’ means a vegeta23 tion management, facility inspection, and operation 

24 and maintenance plan that— 


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1 ‘‘(A) is prepared by the owner or operator 

2 of 1 or more electric transmission or distribu3 tion facilities to cover 1 or more electric trans4 mission and distribution rights-of-way; and 

5 ‘‘(B) provides for the long-term, cost-effec6 tive, efficient, and timely management of facili7 ties and vegetation within the width of the 

8 right-of-way and adjacent Federal land to en9 hance electric reliability, promote public safety, 

10 and avoid fire hazards. 

11 ‘‘(3) SECRETARY CONCERNED.—The term ‘Sec12 retary concerned’ means— 

13 ‘‘(A) the Secretary, with respect to public 

14 lands; and 

15 ‘‘(B) the Secretary of Agriculture, with re16 spect to National Forest System land. 

17 ‘‘(b) GUIDANCE.— 

18 ‘‘(1) IN GENERAL.—To enhance the reliability 

19 of the electric grid and reduce the threat of wildfire 

20 damage to, and wildfire caused by vegetation-related 

21 conditions within, electric transmission and distribu22 tion rights-of-way and adjacent Federal land, the 

23 Secretary concerned shall issue and periodically up24 date guidance to ensure that provisions are appro25 priately developed and implemented for utility vegeVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 tation management, facility inspection, and oper2 ation and maintenance of rights-of-way, regardless 

3 of the means by which the rights-of-way are estab4 lished (including by grant, special use authorization, 

5 and easement). 

6 ‘‘(2) LIMITATION.—The guidance issued under 

7 paragraph (1) shall be compatible with mandatory 

8 reliability standards established by the Electric Reli9 ability Organization. 

10 ‘‘(3) REQUIREMENTS.—The guidance issued 

11 under paragraph (1) shall take into account— 

12 ‘‘(A) all applicable law, including fire safe13 ty and electric system reliability requirements 

14 (including reliability standards established by 

15 the Electric Reliability Organization under sec16 tion 215 of the Federal Power Act (16 U.S.C. 

17 824o)); and 

18 ‘‘(B) the Memorandum of Understanding 

19 on Vegetation Management for Powerline 

20 Rights-of-Way between the Edison Electric In21 stitute, Utility Arborist Association, the Depart22 ment of the Interior, the Department of Agri23 culture, and the Environmental Protection 

24 Agency signed in 2016. 


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1 ‘‘(4) REQUIRED CONSULTATION.—The guidance 

2 issued under paragraph (1) shall be developed in 

3 consultation with the owners of transmission and 

4 distribution facilities that hold rights-of-way. 

5 ‘‘(c) VEGETATION MANAGEMENT, FACILITY INSPEC6 TION, AND OPERATION AND MAINTENANCE PLANS.— 

7 ‘‘(1) DEVELOPMENT AND SUBMISSION.—Con8 sistent with subsection (b), the Secretary concerned 

9 shall provide owners and operators of electric trans10 mission or distribution facilities located on public 

11 lands and National Forest System land, as applica12 ble, with the option to develop and submit a plan. 

13 ‘‘(2) ERO STANDARDS.—Owners and operators 

14 subject to mandatory reliability standards estab15 lished by the Electric Reliability Organization (or 

16 superseding standards) may use those standards as 

17 part of the plan. 

18 ‘‘(3) PLAN REQUIREMENTS.—A plan developed 

19 under paragraph (1) shall— 

20 ‘‘(A) identify the applicable transmission 

21 or distribution facilities to be maintained; 

22 ‘‘(B) take into account operations and 

23 maintenance plans for the applicable powerline; 

24 ‘‘(C) describe the vegetation management, 

25 inspection, and operation and maintenance 


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1 methods that may be used to comply with all 

2 applicable law, including fire safety require3 ments and reliability standards established by 

4 the Electric Reliability Organization; 

5 ‘‘(D) include schedules for— 

6 ‘‘(i) the applicable owner or operator 

7 to notify the Secretary concerned about 

8 routine and major maintenance; 

9 ‘‘(ii) the applicable owner or operator 

10 to request approval from the Secretary 

11 concerned about undertaking routine and 

12 major maintenance; and 

13 ‘‘(iii) the Secretary concerned to re14 spond to a request by an owner or operator 

15 under clause (ii); and 

16 ‘‘(E) describe processes for— 

17 ‘‘(i) identifying changes in conditions; 

18 and 

19 ‘‘(ii) modifying the approved plan, if 

20 necessary. 

21 ‘‘(4) REVIEW AND APPROVAL PROCESS.— 

22 ‘‘(A) IN GENERAL.—The Secretary con23 cerned shall develop a process for the review 

24 and approval of plans submitted under para25 graph (1) that— 


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1 ‘‘(i) includes timelines and bench2 marks for— 

3 ‘‘(I) the submission of agency 

4 comments on the plans and schedules 

5 for final decision; and 

6 ‘‘(II) the timely review of modi7 fications of the plans in cases in 

8 which modifications are necessary; 

9 ‘‘(ii) is consistent with applicable law; 

10 and 

11 ‘‘(iii) includes a process for modifica12 tions to a plan in a prompt manner if 

13 changed conditions necessitate a modifica14 tion to a plan. 

15 ‘‘(B) CONGRESSIONAL INTENT.—It is the 

16 intent of Congress that the process for review 

17 and approval of plans under this paragraph 

18 shall not exceed 180 days. 

19 ‘‘(5) CATEGORIES OF ACTIONS NOT REQUIRING

20 ENVIRONMENTAL ANALYSIS.—With respect to ac21 tions carried out under plans submitted under para22 graph (1), the Secretary concerned shall identify cat23 egories of actions for which neither an environ24 mental impact statement nor an environmental as25 sessment shall be required under section 1508.4 of 


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1 title 40, Code of Federal Regulations (or a successor 

2 regulation). 

3 ‘‘(d) CERTAIN OWNERS AND OPERATORS.— 

4 ‘‘(1) IN GENERAL.—The owner or operator of 

5 an electric transmission or distribution facility that 

6 is not subject to the mandatory reliability standards 

7 established by the Electric Reliability Organization 

8 or that sold less than or equal to 1,000,000 mega9 watt hours of electric energy for purposes other than 

10 resale during each of the 3 calendar years imme11 diately preceding the date of enactment of the En12 ergy and Natural Resources Act of 2017 may enter 

13 into a memorandum of understanding with the Sec14 retary concerned in lieu of a plan under subsection 

15 (c). 

16 ‘‘(2) MINIMUM REQUIREMENTS.—The Secretary 

17 concerned shall ensure that the minimum require18 ments for a memorandum of understanding under 

19 paragraph (1)— 

20 ‘‘(A) reflect the relative financial resources 

21 of the applicable owner or operator compared to 

22 other owners or operators of an electric trans23 mission or distribution facility; 

24 ‘‘(B) include schedules as described in sub25 section (c)(3)(D); and 


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1 ‘‘(C) comply with applicable law. 

2 ‘‘(e) EMERGENCY CONDITIONS.—If vegetation has 

3 contacted or presents an imminent danger of falling into 

4 the electric transmission or distribution line from within 

5 or adjacent to an electric transmission or distribution 

6 right-of-way, the owner or operator of the electric trans7 mission or distribution lines— 

8 ‘‘(1) may prune or remove the vegetation— 

9 ‘‘(A) to avoid the disruption of electric 

10 service; and 

11 ‘‘(B) to eliminate immediate fire and safe12 ty hazards; and 

13 ‘‘(2) shall notify the appropriate local agent of 

14 the Secretary concerned not later than 1 day after 

15 the date of the response to emergency conditions. 

16 ‘‘(f) ACTIVITIES THAT REQUIRE APPROVAL.— 

17 ‘‘(1) IN GENERAL.—Except for a circumstance 

18 described in paragraph (2), the owner or operator of 

19 an electric transmission or distribution facility may 

20 conduct vegetation management activities that re21 quire approval of the Secretary concerned in accord22 ance with a plan approved under subsection (c) or 

23 a memorandum of understanding entered into under 

24 subsection (d) only with the approval of the Sec25 retary concerned. 


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1 ‘‘(2) AUTHORIZED ACTIVITIES.—The owner or 

2 operator of an electric transmission or distribution 

3 facility may conduct vegetation management activi4 ties that require approval of the Secretary concerned 

5 in accordance with a plan approved under subsection 

6 (c) or a memorandum of understanding entered into 

7 under subsection (d) without the approval of the 

8 Secretary concerned if— 

9 ‘‘(A) the owner or operator submitted a re10 quest to the Secretary concerned in accordance 

11 with the applicable schedule in a plan approved 

12 under subsection (c) or a memorandum of un13 derstanding entered into under subsection (d); 

14 ‘‘(B) the vegetation management activities 

15 proposed in the request under subparagraph 

16 (A) are in accordance with a plan approved 

17 under subsection (c) or a memorandum of un18 derstanding entered into under subsection (d); 

19 and 

20 ‘‘(C) the Secretary concerned fails to re21 spond to the request under subparagraph (A) in 

22 accordance with the applicable schedule in a 

23 plan approved under subsection (c) or a memo24 randum of understanding entered into under 

25 subsection (d). 


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1 ‘‘(g) LIABILITY.—The Secretary concerned shall not 

2 impose strict liability for damages or injury resulting from 

3 the Secretary concerned— 

4 ‘‘(1) unreasonably withholding or delaying— 

5 ‘‘(A) approval of a plan under subsection 

6 (c); or 

7 ‘‘(B) agreement to enter into a memo8 randum of understanding under subsection (d); 

9 or 

10 ‘‘(2) unreasonably failing to adhere to an appli11 cable schedule in a plan approved under subsection 

12 (c) or a memorandum of understanding entered into 

13 under subsection (d). 

14 ‘‘(h) REPORTING REQUIREMENT.—The Secretary 

15 concerned shall report requests and actions made under 

16 subsection (f) annually on the website of the Secretary 

17 concerned. 

18 ‘‘(i) TRAINING AND GUIDANCE.—In consultation with 

19 the electric utility industry, the Secretary concerned is en20 couraged to develop a program to train personnel of the 

21 Department of the Interior and the Forest Service in22 volved in vegetation management decisions relating to 

23 electric transmission and distribution facilities to ensure 

24 that the personnel— 


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1 ‘‘(1) understand electric system reliability re2 quirements as the requirements relate to vegetation 

3 management of transmission and distribution rights4 of-way on Federal land, including reliability stand5 ards established by the Electric Reliability Organiza6 tion and fire safety requirements; 

7 ‘‘(2) assist owners and operators of electric 

8 transmission and distribution facilities in complying 

9 with applicable electric reliability and fire safety re10 quirements; and 

11 ‘‘(3) encourage and assist willing owners and 

12 operators of electric transmission and distribution 

13 facilities to incorporate on a voluntary basis vegeta14 tion management practices to enhance habitats and 

15 forage for pollinators and for other wildlife if the 

16 practices are compatible with the integrated vegeta17 tion management practices necessary for reliability 

18 and safety. 

19 ‘‘(j) IMPLEMENTATION.—The Secretary concerned 

20 shall— 

21 ‘‘(1) not later than 1 year after the date of en22 actment of this section, propose regulations, or 

23 amended existing regulations, to implement this sec24 tion; and 


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1 ‘‘(2) not later than 2 years after the date of en2 actment of this section, finalize regulations, or 

3 amended existing regulations, to implement this sec4 tion. 

5 ‘‘(k) EXISTING VEGETATION MANAGEMENT, FACIL6 ITY INSPECTION, AND OPERATION AND MAINTENANCE

7 PLANS.—Nothing in this section requires an owner or op8 erator to develop and submit a new plan under this section 

9 if a plan consistent with this section has already been ap10 proved by the Secretary concerned before the date of en11 actment of this section.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 for the Federal Land Policy and Management Act of 1976 

14 (43 U.S.C. 1761 et seq.), is amended by inserting after 

15 the item relating to section 511 the following: 

‘‘Sec. 512. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way.’’. 

16 SEC. 2311. STUDY OF COMBINED HEAT AND POWER SYS17 TEMS AND WASTE HEAT TO POWER SYSTEMS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ADDITIONAL SERVICES.—The term ‘‘addi20 tional services’’ means the provision of supple21 mentary power, backup or standby power, mainte22 nance power, or interruptible power to an electric 

23 consumer by an electric utility. 

24 (2) WASTE HEAT TO POWER SYSTEM.— 


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1 (A) IN GENERAL.—The term ‘‘waste heat 

2 to power system’’ means a system that gen3 erates electricity through the recovery of waste 

4 energy. 

5 (B) EXCLUSION.—The term ‘‘waste heat 

6 to power system’’ does not include a system 

7 that generates electricity through the recovery 

8 of a heat resource from a process the primary 

9 purpose of which is the generation of electricity 

10 using a fossil fuel. 

11 (3) OTHER TERMS.— 

12 (A) PURPA.—The terms ‘‘electric con13 sumer’’, ‘‘electric utility’’, and ‘‘interconnection 

14 service’’ have the meanings given those terms in 

15 the Public Utility Regulatory Policies Act of 

16 1978 (16 U.S.C. 2601 et seq.), within the 

17 meaning of title I of that Act (16 U.S.C. 2611 

18 et seq.). 

19 (B) EPCA.—The terms ‘‘combined heat 

20 and power system’’ and ‘‘waste energy’’ have 

21 the meanings given those terms in section 371 

22 of the Energy Policy and Conservation Act (42 

23 U.S.C. 6341). 

24 (b) STUDY.— 


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1 (1) IN GENERAL.—The Secretary, in consulta2 tion with the Federal Energy Regulatory Commis3 sion and other appropriate entities, may conduct a 

4 study of existing rules and procedures relating to 

5 interconnection service and additional services 

6 throughout the United States for electric generation 

7 with nameplate capacity up to 20 megawatts to 

8 identify barriers to the deployment of combined heat 

9 and power systems and waste heat to power systems. 

10 (2) INCLUSION.—The study under this sub11 section shall include a review of existing rules and 

12 procedures relating to— 

13 (A) determining and assigning costs of 

14 interconnection service and additional services; 

15 (B) determining the effectiveness of Fed16 eral and State requirements for interconnection 

17 service and additional services; 

18 (C) ensuring adequate cost recovery by an 

19 electric utility for interconnection service and 

20 additional services; 

21 (D) ensuring that electricity rates estab22 lished for combined heat and power systems 

23 and waste heat to power systems are— 

24 (i) just and reasonable; and 


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1 (ii) not unduly preferential or dis2 criminatory; and 

3 (E) ensuring the safety and reliability of— 

4 (i) interconnected units; and 

5 (ii) the distribution and transmission 

6 networks to which the interconnected units 

7 connect. 

8 (3) DUPLICATION OF EFFORT.—The Secretary 

9 shall coordinate the study conducted under this sub10 section with existing and ongoing studies to avoid 

11 duplication of effort. 

12 (c) REPORT.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date on which the study is completed under sub15 section (b), the Secretary, in consultation with the 

16 Federal Energy Regulatory Commission, shall sub17 mit to the Committee on Energy and Natural Re18 sources of the Senate and the Committee on Energy 

19 and Commerce of the House of Representatives a re20 port describing the results of the study. 

21 (2) INCLUSIONS.—The report submitted under 

22 paragraph (1) shall include— 

23 (A) the findings of the Secretary and the 

24 Federal Energy Regulatory Commission with 

25 respect to the matters studied; and 


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1 (B) any administrative and legislative rec2 ommendations to address any deployment bar3 riers identified under the study. 

4 SEC. 2312. BULK-POWER SYSTEM RELIABILITY IMPACT 

5 STATEMENT. 

6 Section 215 of the Federal Power Act (16 U.S.C. 

7 824o) is amended by adding at the end the following: 

8 ‘‘(l) RELIABILITY IMPACT STATEMENT.— 

9 ‘‘(1) SOLICITATION BY COMMISSION.—Not later 

10 than 15 days after the date on which the head of a 

11 Federal agency proposes a major rule (as defined in 

12 section 804 of title 5, United States Code) that may 

13 significantly affect the reliable operation of the bulk14 power system, the Commission shall solicit from the 

15 ERO, who shall coordinate with regional entities af16 fected by the proposed rule, a reliability impact 

17 statement with respect to the proposed rule. 

18 ‘‘(2) REQUIREMENTS.—A reliability impact 

19 statement under paragraph (1) shall include a de20 tailed statement on— 

21 ‘‘(A) the impact of the proposed rule on 

22 the reliable operation of the bulk-power system; 

23 ‘‘(B) any adverse effects on the reliable op24 eration of the bulk-power system if the pro25 posed rule was implemented; and 


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1 ‘‘(C) alternatives to cure the identified ad2 verse reliability impacts, including a no-action 

3 alternative. 

4 ‘‘(3) SUBMISSION TO COMMISSION AND CON5 GRESS.—On completion of a reliability impact state6 ment under paragraph (1), the ERO shall submit to 

7 the Commission and Congress the reliability impact 

8 statement. 

9 ‘‘(4) TRANSMITTAL TO HEAD OF FEDERAL

10 AGENCY.—On receipt of a reliability impact state11 ment submitted to the Commission under paragraph 

12 (3), the Commission shall transmit to the head of 

13 the applicable Federal agency the reliability impact 

14 statement prepared under this subsection for inclu15 sion in the public record. 

16 ‘‘(5) INCLUSION OF DETAILED RESPONSE IN

17 FINAL RULE.—With respect to a final major rule 

18 subject to a reliability impact statement prepared 

19 under paragraph (1), the head of the Federal agency 

20 shall— 

21 ‘‘(A) consider the reliability impact state22 ment; 

23 ‘‘(B) give due weight to the technical ex24 pertise of the ERO with respect to matters that 


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1 are the subject of the reliability impact state2 ment; and 

3 ‘‘(C) include in the final rule a detailed re4 sponse to the reliability impact statement that 

5 reasonably addresses the detailed statements re6 quired under paragraph (2).’’. 

7 SEC. 2313. REPORT BY TRANSMISSION ORGANIZATIONS ON 

8 DIVERSITY OF SUPPLY. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELECTRIC GENERATING CAPACITY RE11 SOURCE.— 

12 (A) IN GENERAL.—The term ‘‘electric gen13 erating capacity resource’’ means an electric 

14 generating resource, as measured by the max15 imum load-carrying ability of the resource, ex16 clusive of station use and planned, unplanned, 

17 or other outage or derating subject to dispatch 

18 by the transmission organization to meet the re19 source adequacy needs of the systems operated 

20 by the transmission organization. 

21 (B) EFFECT.—The term ‘‘electric gener22 ating capacity resource’’ does not address non23 electric generating resources that are qualified 

24 as capacity resources in the tariffs of various 


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1 transmission organizations as of the date of en2 actment of this Act. 

3 (2) TRANSMISSION ORGANIZATION.—The term 

4 ‘‘transmission organization’’ has the meaning given 

5 the term in section 3 of the Federal Power Act (16 

6 U.S.C. 796). 

7 (b) REPORT.— 

8 (1) NOTICE.—Not later than 14 days after the 

9 date of enactment of this Act, the Commission (as 

10 the term is defined in section 3 of the Federal 

11 Power Act (16 U.S.C. 796)) shall submit to each 

12 transmission organization that has a tariff on file 

13 with the Commission that includes provisions ad14 dressing the procurement of electric generating ca15 pacity resources, a notice that the transmission or16 ganization is required to file with the Commission a 

17 report in accordance with paragraph (2). 

18 (2) REPORT.—Not later than 180 days after 

19 the date on which a transmission organization re20 ceives a notice under paragraph (1), the trans21 mission organization shall submit to the Commission 

22 a report that, to the maximum extent practicable— 

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1 mission organization as of the date of the re2 port; and 

3 (ii) describes the primary energy sources 

4 and operational characteristics of electric capac5 ity resources available, in the aggregate, to the 

6 transmission organization; 

7 (B) evaluates, using generally accepted 

8 metrics, the current operational performance, in 

9 the aggregate, of electric capacity resources; 

10 (C) identifies, for the aggregate of electric 

11 generating capacity resources available to the 

12 transmission organization— 

13 (i) over the short- and long-term peri14 ods in the planning cycle of the trans15 mission organization, reasonable projec16 tions concerning the operational and eco17 nomic risk profile of electric generating ca18 pacity resources; 

19 (ii) the projected future needs of the 

20 transmission organization for electric gen21 erating capacity resources; and 

22 (iii) the availability of transmission fa23 cilities and transmission support services 

24 necessary to provide for the transmission 

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1 sential reliability services, including ade2 quate voltage support; and 

3 (D) assesses whether and to what extent 

4 the market rules of the transmission organiza5 tion— 

6 (i) yield capacity auction clearing 

7 prices that promote necessary and prudent 

8 investment; 

9 (ii) yield energy market clearing 

10 prices that reflect the marginal cost of 

11 supply, taking into account transmission 

12 constraints and other factors needed to en13 sure reliable grid operation; 

14 (iii) produce meaningful price signals 

15 that clearly indicate where new supply and 

16 investment are needed; 

17 (iv) reduce uncertainty or instability 

18 resulting from changes to market rules, 

19 processes, or protocols; 

20 (v) promote transparency and commu21 nication by the market operator to market 

22 participants; 

23 (vi) support a diverse generation port24 folio and the availability of transmission 

25 facilities and transmission support services 


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1 on a short- and long-term basis necessary 

2 to provide reasonable assurances of a con3 tinuous supply of electricity for customers 

4 of the transmission organization at the 

5 proper voltage and frequency; and 

6 (vii) provide an enhanced opportunity 

7 for self-supply of electric generating capac8 ity resources by electric cooperatives, Fed9 eral power marketing agencies, and State 

10 utilities with a service obligation (as those 

11 terms are defined in section 217(a)) of the 

12 Federal Power Act (16 U.S.C. 824q(a))) in 

13 a manner that is consistent with tradi14 tional utility business models and does not 

15 unduly affect wholesale market prices. 

16 SEC. 2314. TECHNOLOGY DEMONSTRATION ON THE DIS17 TRIBUTION SYSTEM. 

18 (a) IN GENERAL.—The Secretary shall establish a 

19 grant program to carry out eligible projects related to the 

20 modernization of the electric grid, including the applica21 tion of technologies to improve observability, advanced 

22 controls, and prediction of system performance on the dis23 tribution system. 

24 (b) ELIGIBLE PROJECTS.—To be eligible for a grant 

25 under subsection (a), a project shall— 


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1 (1) be designed to improve the performance and 

2 efficiency of the future electric grid, while ensuring 

3 the continued provision of safe, secure, reliable, and 

4 affordable power; 

5 (2) demonstrate— 

6 (A) secure integration and management of 

7 2 or more energy resources, including distrib8 uted energy generation, combined heat and 

9 power, microgrids, energy storage, electric vehi10 cles, energy efficiency, demand response, and 

11 intelligent loads; and 

12 (B) secure integration and interoperability 

13 of communications and information tech14 nologies; and 

15 (3) be subject to the requirements of section 

16 545(a) of the Energy Security and Independence Act 

17 of 2007 (42 U.S.C. 17155(a)). 

18 TITLE III—SUPPLY 

19 Subtitle A—Renewables 

20 PART I—HYDROELECTRIC 

21 SEC. 3001. FEDERAL POWER ACT AMENDMENTS. 

22 (a) HYDROPOWER REGULATORY IMPROVEMENTS.— 

23 (1) SENSE OF CONGRESS ON USE OF HYDRO24 POWER RENEWABLE RESOURCES.—It is the sense of 

25 Congress that— 


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1 (A) hydropower is a renewable resource for 

2 purposes of all Federal programs and is an es3 sential source of energy in the United States; 

4 and 

5 (B) the United States should increase sub6 stantially the capacity and generation of clean, 

7 renewable hydropower resources that would im8 prove environmental quality in the United 

9 States. 

10 (2) MODIFYING DEFINITION OF RENEWABLE

11 ENERGY TO INCLUDE HYDROPOWER.—Section 203 

12 of the Energy Policy Act of 2005 (42 U.S.C. 15852) 

13 is amended— 

14 (A) in subsection (a), by striking ‘‘the fol15 lowing amounts’’ and all that follows through 

16 paragraph (3) and inserting ‘‘not less than 15 

17 percent in fiscal year 2018 and each fiscal year 

18 thereafter shall be renewable energy.’’; and 

19 (B) in subsection (b), by striking para20 graph (2) and inserting the following: 

21 ‘‘(2) RENEWABLE ENERGY.—The term ‘renew22 able energy’ means energy produced from solar, 

23 wind, biomass, landfill gas, ocean (including tidal, 

24 wave, current, and thermal), geothermal, municipal 

25 solid waste, or hydropower.’’. 


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1 (3) LICENSES FOR CONSTRUCTION.—Section 

2 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is 

3 amended in the first sentence by striking ‘‘deem’’ in 

4 the first proviso and all that follows through ‘‘Pro5 vided further, That no license’’ in the second proviso 

6 and inserting ‘‘determine to be necessary for the 

7 adequate protection and utilization of such reserva8 tion: Provided further, That no license’’. 

9 (4) PRELIMINARY PERMITS.—Section 5 of the 

10 Federal Power Act (16 U.S.C. 798) is amended— 

11 (A) in subsection (a), by striking ‘‘three’’ 

12 and inserting ‘‘4’’; and 

13 (B) in subsection (b)— 

14 (i) by striking ‘‘Commission may ex15 tend the period of a preliminary permit 

16 once for not more than 2 additional years 

17 beyond the 3 years’’ and inserting the fol18 lowing: ‘‘Commission may— 

19 ‘‘(1) extend the period of a preliminary permit 

20 once for not more than 4 additional years beyond 

21 the 4 years’’; 

22 (ii) by striking the period at the end 

23 and inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(2) after the end of an extension period grant2 ed under paragraph (1), issue an additional permit 

3 to the permittee if the Commission determines that 

4 there are extraordinary circumstances that warrant 

5 the issuance of the additional permit.’’. 

6 (5) TRANSFERS.—Section 7 of the Federal 

7 Power Act (16 U.S.C. 800) is amended by adding at 

8 the end the following: 

9 ‘‘(d) TRANSFERS.—Notwithstanding section 5, and 

10 regardless of whether the holder of a preliminary permit 

11 for a closed-loop pumped storage project (as defined under 

12 section 6(e)) of the Hydropower Regulatory Efficiency Act 

13 of 2013 (16 U.S.C. 797 note; Public Law 113–23)) 

14 claimed municipal preference under subsection (a) when 

15 obtaining the permit, on request by a municipality, the 

16 Commission, to facilitate development of a closed-loop 

17 pumped storage project, may— 

18 ‘‘(1) add entities as joint permittees following 

19 issuance of a preliminary permit; and 

20 ‘‘(2) transfer a license in part to 1 or more 

21 nonmunicipal entities as co-licensees with a munici22 pality.’’. 

23 (6) TIME LIMIT FOR CONSTRUCTION OF

24 PROJECT WORKS.—Section 13 of the Federal Power 

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1 tence by striking ‘‘once but not longer than two ad2 ditional years’’ and inserting ‘‘for not more than 8 

3 additional years,’’. 

4 (7) OPERATION OF NAVIGATION FACILITIES.— 

5 Section 18 of the Federal Power Act (16 U.S.C. 

6 811) is amended by striking the second, third, and 

7 fourth sentences. 

8 (8) ALTERNATIVE CONDITIONS AND PRESCRIP9 TIONS.—Section 33 of the Federal Power Act (16 

10 U.S.C. 823d) is amended— 

11 (A) in subsection (a)— 

12 (i) in paragraph (1), by striking 

13 ‘‘deems’’ and inserting ‘‘determines’’; 

14 (ii) in paragraph (2)(B), in the matter 

15 preceding clause (i), by inserting ‘‘deter16 mined to be necessary’’ before ‘‘by the Sec17 retary’’; 

18 (iii) by striking paragraph (4); and 

19 (iv) by striking paragraph (5); 

20 (B) in subsection (b)— 

21 (i) by striking paragraph (4); and 

22 (ii) by striking paragraph (5); and 

23 (C) by adding at the end the following: 


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1 ‘‘(c) FURTHER CONDITIONS.—This section applies to 

2 any further conditions or prescriptions proposed or im3 posed pursuant to section 4(e), 6, or 18.’’. 

4 (b) PROTECTION OF PRIVATE PROPERTY RIGHTS IN

5 HYDROPOWER LICENSING.— 

6 (1) LICENSES.—Section 4(e) of the Federal 

7 Power Act (16 U.S.C. 797(e)) is amended, in the 

8 third sentence— 

9 (A) by striking ‘‘and’’ after ‘‘recreational 

10 opportunities,’’; and 

11 (B) by inserting ‘‘, and minimizing in12 fringement on the useful exercise and enjoy13 ment of property rights held by nonlicensees’’ 

14 after ‘‘aspects of environmental quality’’. 

15 (2) PRIVATE LANDOWNERSHIP.—Section 10 of 

16 the Federal Power Act (16 U.S.C. 803) is amend17 ed— 

18 (A) in subsection (a)(1), by inserting ‘‘, in19 cluding minimizing infringement on the useful 

20 exercise and enjoyment of property rights held 

21 by nonlicensees’’ after ‘‘section 4(e)’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(k) PRIVATE LANDOWNERSHIP.—In developing any 

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1 censee shall consider private landownership as a means to 

2 encourage and facilitate— 

3 ‘‘(1) private investment; and 

4 ‘‘(2) increased tourism and recreational use.’’. 

5 (c) LICENSING PROCESS IMPROVEMENTS AND CO6 ORDINATION.—Part I of the Federal Power Act (16 

7 U.S.C. 792 et seq.) is amended by adding at the end the 

8 following: 

9 ‘‘SEC. 34. LICENSING PROCESS IMPROVEMENTS. 

10 ‘‘(a) LICENSE STUDIES.— 

11 ‘‘(1) IN GENERAL.—To facilitate the timely and 

12 efficient completion of the license proceedings under 

13 this part, the Commission, in consultation with ap14 plicable Federal and State agencies and interested 

15 members of the public, shall— 

16 ‘‘(A) compile current best practices in per17 forming studies required in such license pro18 ceedings, including methodologies and the de19 sign of studies to assess the full range of envi20 ronmental impacts of a project that reflect the 

21 best available science; 

22 ‘‘(B) compile a comprehensive collection of 

23 studies and data accessible to the public that 

24 could be used to inform license proceedings; and 


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1 ‘‘(C) encourage license applicants and 

2 agencies to develop and use, for the purpose of 

3 fostering timely and efficient consideration of li4 cense applications, a limited number of open5 source methodologies and tools applicable across 

6 a wide array of projects, including water bal7 ance models and streamflow analyses. 

8 ‘‘(2) USE OF EXISTING STUDIES.—To the max9 imum extent practicable and in accordance with the 

10 best available science, the Commission and other 

11 Federal and State agencies considering an aspect of 

12 an application for Federal authorization (as defined 

13 in section 35(a)) shall— 

14 ‘‘(A) use relevant existing studies and 

15 data; and 

16 ‘‘(B) avoid duplicating current, existing 

17 studies that are applicable to the relevant 

18 project. 

19 ‘‘(3) BIOLOGICAL OPINIONS.—To the maximum 

20 extent practicable, the Secretary of Commerce and 

21 the Secretary of the Interior shall ensure that rel22 evant offices within the National Marine Fisheries 

23 Service and the United States Fish and Wildlife 

24 Service prepare any biological opinion under section 

25 7 of the Endangered Species Act of 1973 (16 U.S.C. 


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1 1536) that forms the basis for a prescription under 

2 section 18 on a concurrent rather than sequential 

3 basis. 

4 ‘‘(b) INTERAGENCY ROTATIONS.— 

5 ‘‘(1) IN GENERAL.—Beginning not later than 1 

6 year after the date of enactment of this section, the 

7 Commission, the Secretary of Agriculture, the Sec8 retary of Commerce, and the Secretary of the Inte9 rior shall encourage greater interagency experience 

10 among executive branch personnel on matters involv11 ing implementation of this part. 

12 ‘‘(2) PERFORMANCE EVALUATIONS AND HIRING

13 QUALIFICATIONS.—The encouragement provided by 

14 the Commission and the Secretaries under para15 graph (1) may include adding, for appropriate cat16 egories of positions, as determined by the Commis17 sion and the Secretaries, participation and willing18 ness to participate in interagency rotational service 

19 as— 

20 ‘‘(A) factors in annual performance evalua21 tions; and 

22 ‘‘(B) hiring qualifications. 

23 ‘‘(c) CONSIDERATIONS FOR RELICENSING TERMS.— 

24 ‘‘(1) IN GENERAL.—In determining the term of 

25 a new license issued when an existing license under 


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1 this part expires, the Commission shall take into 

2 consideration, among other things— 

3 ‘‘(A) project-related investments by the li4 censee under the new license; and 

5 ‘‘(B) project-related investments by the li6 censee over the term of the existing license. 

7 ‘‘(2) EQUAL WEIGHT.—The determination of 

8 the Commission under paragraph (1) shall give 

9 equal weight to— 

10 ‘‘(A) investments by the licensee to imple11 ment the new license under this part, including 

12 investments relating to redevelopment, new con13 struction, new capacity, efficiency, moderniza14 tion, rehabilitation, safety improvements, and 

15 environmental, recreation, and other protection, 

16 mitigation, or enhancement measures required 

17 or authorized by the new license; and 

18 ‘‘(B) investments by the licensee over the 

19 term of the existing license (including any 

20 terms under annual licenses) beyond the invest21 ments required by the license on issuance of the 

22 license that— 

23 ‘‘(i) resulted in redevelopment, new 

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1 ments, and environmental, recreation, and 

2 other protection, mitigation, or enhance3 ment measures conducted over the term of 

4 the existing license; and 

5 ‘‘(ii) did not result in the extension of 

6 the term of the license by the Commission. 

7 ‘‘SEC. 35. LICENSING PROCESS COORDINATION. 

8 ‘‘(a) DEFINITION OF FEDERAL AUTHORIZATION.—In 

9 this section, the term ‘Federal authorization’ means any 

10 authorization required under Federal law (including any 

11 license, permit, special use authorization, certification, 

12 opinion, consultation, determination, or other approval) 

13 with respect to— 

14 ‘‘(1) a project licensed under section 4 or 15; 

15 or 

16 ‘‘(2) a facility exempted under— 

17 ‘‘(A) section 30; or 

18 ‘‘(B) section 405(d) of the Public Utility 

19 Regulatory Policies Act of 1978 (16 U.S.C. 

20 2705(d)). 

21 ‘‘(b) DESIGNATION AS LEAD AGENCY.— 

22 ‘‘(1) IN GENERAL.—The Commission shall act 

23 as the lead agency for the purposes of coordinating 

24 all applicable Federal authorizations and for the 

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1 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

2 with respect to a Federal authorization. 

3 ‘‘(2) OTHER AGENCIES.—Each Federal and 

4 State agency considering an aspect of an application 

5 for Federal authorization shall cooperate with the 

6 Commission. 

7 ‘‘(c) SCHEDULE.— 

8 ‘‘(1) TIMING FOR ISSUANCE.—It is the sense of 

9 Congress that all Federal authorizations required for 

10 a project or facility, including a license of the Com11 mission, should be issued by the date that is 3 years 

12 after the date on which an application is considered 

13 to be complete by the Commission. 

14 ‘‘(2) COMMISSION SCHEDULE.— 

15 ‘‘(A) IN GENERAL.—The Commission, in 

16 accordance with the rule issued under subpara17 graph (C), shall establish a case-by-case sched18 ule for the issuance of all Federal authoriza19 tions. 

20 ‘‘(B) REQUIREMENTS.—In establishing the 

21 schedule under subparagraph (A), the Commis22 sion shall— 

23 ‘‘(i) consult and cooperate with the 

24 Federal and State agencies responsible for 

25 a Federal authorization; 


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1 ‘‘(ii) ensure the expeditious comple2 tion of all proceedings relating to a Fed3 eral authorization; and 

4 ‘‘(iii) comply with applicable schedules 

5 established by Federal law with respect to 

6 a Federal authorization. 

7 ‘‘(C) RULEMAKING.— 

8 ‘‘(i) COMMISSION RULEMAKING TO ES9 TABLISH PROCESS TO SET SCHEDULE.— 

10 Not later than 180 days after the date of 

11 enactment of this section, the Commission, 

12 in consultation with the appropriate Fed13 eral and State agencies and after providing 

14 for notice and public comment, shall issue 

15 a rule establishing a process for setting a 

16 schedule, to be applied on a case-by-case 

17 basis, for applications for Federal author18 ization filed under this part. 

19 ‘‘(ii) CONSIDERATIONS.—In issuing a 

20 rule under this subparagraph, the Commis21 sion shall consider including guidelines so 

22 that the schedule for each Federal author23 ization— 

24 ‘‘(I) includes deadlines for ac25 tions by— 


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1 ‘‘(aa) any Federal or State 

2 agency that may consider an as3 pect of an application for the 

4 Federal authorization; 

5 ‘‘(bb) the applicant; 

6 ‘‘(cc) the Commission; and 

7 ‘‘(dd) other participants in a 

8 proceeding; 

9 ‘‘(II) is developed in consultation 

10 with the applicant and any Federal or 

11 State agency that may consider an as12 pect of an application for the applica13 ble Federal authorization; 

14 ‘‘(III) provides an opportunity 

15 for any Federal or State agency that 

16 may consider an aspect of an applica17 tion for the applicable Federal author18 ization to identify and resolve issues 

19 of concern; 

20 ‘‘(IV) complies with applicable 

21 schedules established under Federal 

22 and State law; 

23 ‘‘(V) ensures expeditious comple24 tion of all proceedings required under 


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1 Federal and State law, to the max2 imum extent practicable; 

3 ‘‘(VI) facilitates completion of 

4 Federal and State agency studies, re5 views, and any other procedures re6 quired prior to, or concurrent with, 

7 the preparation of the environmental 

8 document of the Commission required 

9 under the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.), to the maximum extent prac12 ticable; and 

13 ‘‘(VII) provides a procedure for 

14 any modification to the schedule. 

15 ‘‘(3) RESOLUTION OF INTERAGENCY DIS16 PUTES.—If the Federal agency fails to adhere to the 

17 schedule established by the Commission under para18 graph (2), or if the final condition of the Secretary 

19 of Agriculture under section 4(e) or prescription 

20 under section 18 has been unreasonably delayed in 

21 derogation of the schedule established under para22 graph (2), or if a proposed alternative condition or 

23 prescription has been unreasonably denied, or if a 

24 final condition or prescription would be inconsistent 

25 with the purposes of this part or other applicable 


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1 law, the Commission may refer the matter to the Di2 rector of the Office of Management and Budget, act3 ing in consultation with the Chair of the Council on 

4 Environmental Quality, as appropriate— 

5 ‘‘(A) to ensure timely participation; 

6 ‘‘(B) to ensure a timely decision; 

7 ‘‘(C) to mediate the dispute; or 

8 ‘‘(D) to refer the matter to the President. 

9 ‘‘(d) APPLICATION PROCESSING.— 

10 ‘‘(1) IN GENERAL.—Federal and State agencies 

11 may allow an applicant seeking a Federal authoriza12 tion to fund a third-party contractor selected by the 

13 Federal or State agency to assist in reviewing the 

14 application. 

15 ‘‘(2) DIRECT FUNDING FOR EXPEDITED CON16 SIDERATION.— 

17 ‘‘(A) IN GENERAL.—Beginning in fiscal 

18 year 2018, a Federal or State agency may ac19 cept and expend funds contributed by a license 

20 applicant seeking a Federal authorization to 

21 carry out an activity that directly and meaning22 fully contributes to expediting the consideration 

23 by the agency of the application. 

24 ‘‘(B) RELATION TO EXISTING DISCRE25 TIONARY FUNDS.—Any funds received by an 


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1 agency under this paragraph may be used only 

2 to carry out activities that would not otherwise 

3 occur within the same timeframe using discre4 tionary funds provided in appropriations Acts. 

5 ‘‘(3) CONSIDERATION OF COSTS.—Any costs as6 sociated with a third-party contractor under para7 graph (1), and any expenditure of funds received by 

8 an agency under paragraph (2), shall not be consid9 ered costs of the United States for the administra10 tion of this part under section 10(e). 

11 ‘‘(4) EFFECT ON APPLICATION CONSIDER12 ATION.—In carrying out this subsection, the Com13 mission or an applicable agency shall ensure that the 

14 use of license applicant funds under paragraph (1) 

15 or (2) will not impact impartial decisionmaking with 

16 respect to the responsibilities of the agency, either 

17 substantively or procedurally, under this part or any 

18 other Federal law, consistent with the regulations 

19 for implementing the procedural provisions of the 

20 National Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.) under parts 1500 through 

22 1508 of title 40, Code of Federal Regulations (or 

23 successor regulations). 

24 ‘‘(5) VOLUNTARY FUNDING.—Nothing in this 

25 subsection requires or compels a license applicant— 


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1 ‘‘(A) to fund a third-party contractor 

2 under paragraph (1); or 

3 ‘‘(B) to contribute direct funding for expe4 dited consideration under paragraph (2). 

5 ‘‘(6) EXISTING THIRD-PARTY CONTRACTS.— 

6 Nothing in this section affects any third-party con7 tract in effect as of the date of enactment of this 

8 section under section 2403 of the Energy Policy Act 

9 of 1992 (16 U.S.C. 797d) (as in effect on the day 

10 before the date of enactment of this section). 

11 ‘‘(7) ACCOUNTABILITY.— 

12 ‘‘(A) REPORTS.—A Federal or State agen13 cy shall submit to the Commission for each fis14 cal year a report that describes the manner in 

15 which the agency used funds under this sub16 section during that fiscal year. 

17 ‘‘(B) AUDITS.—The Comptroller General 

18 of the United States shall conduct periodic au19 dits to ensure that Federal and State agencies 

20 use funds in accordance with this subsection. 

21 ‘‘(e) CONSOLIDATED RECORD.— 

22 ‘‘(1) IN GENERAL.—The Commission shall 

23 maintain official consolidated records of all license 

24 proceedings under this part. 


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1 ‘‘(2) SUBMISSION OF RECOMMENDATIONS.— 

2 Any Federal or State agency that is providing rec3 ommendations with respect to a license proceeding 

4 under this part shall submit to the Commission for 

5 inclusion in the consolidated record relating to the li6 cense proceeding maintained under paragraph (1)— 

7 ‘‘(A) the recommendations; 

8 ‘‘(B) the rationale for the recommenda9 tions; and 

10 ‘‘(C) any supporting materials relating to 

11 the recommendations. 

12 ‘‘(3) WRITTEN STATEMENT.— 

13 ‘‘(A) IN GENERAL.—In a case in which a 

14 Federal agency is making a determination with 

15 respect to a covered measure (as defined in sec16 tion 36(a)), the head of the Federal agency 

17 shall include in the consolidated record a writ18 ten statement demonstrating that the Federal 

19 agency gave equal consideration to the effects 

20 of the covered measure on— 

21 ‘‘(i) energy supply, distribution, cost, 

22 and use; 

23 ‘‘(ii) flood control; 

24 ‘‘(iii) navigation; 

25 ‘‘(iv) water supply; and 


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1 ‘‘(v) air quality and the preservation 

2 of other aspects of environmental quality. 

3 ‘‘(B) INFORMATION FROM OTHER AGEN4 CIES.—In preparing a written statement under 

5 subparagraph (A), the head of a Federal agency 

6 may make use of information produced or made 

7 available by other agencies with relevant exper8 tise in the factors described in clauses (i) 

9 through (v) of that subparagraph. 

10 ‘‘(f) CONDITIONS.—The Secretary of Agriculture 

11 shall not delegate the authority to require a condition 

12 under section 4(e), other than to the Chief of the Forest 

13 Service or the Under Secretary for Natural Resources and 

14 Environment. 

15 ‘‘(g) INTERAGENCY COMMUNICATIONS.— 

16 ‘‘(1) IN GENERAL.—Interagency cooperation in 

17 the preparation of environmental documents under 

18 the National Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.) and interagency communica20 tions relating to licensing process coordination under 

21 this section shall not— 

22 ‘‘(A) be considered to be ex parte commu23 nications under Commission rules; or 

24 ‘‘(B) preclude an agency from partici25 pating in a licensing proceeding under this part. 


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1 ‘‘(2) SEPARATION OF STAFF.—Notwithstanding 

2 paragraph (1), to the extent the Commission deter3 mines necessary, the Commission may require Fed4 eral and State agencies participating as cooperating 

5 agencies under the National Environmental Policy 

6 Act of 1969 (42 U.S.C. 4321 et seq.) to demonstrate 

7 a separation of staff cooperating with the Commis8 sion and staff that may participate in an interven9 tion in the applicable proceeding under this part. 

10 ‘‘SEC. 36. TRIAL-TYPE HEARINGS. 

11 ‘‘(a) DEFINITION OF COVERED MEASURE.—In this 

12 section, the term ‘covered measure’ means— 

13 ‘‘(1) a condition prescribed under section 4(e), 

14 including an alternative condition proposed under 

15 section 33(a); 

16 ‘‘(2) fishways prescribed under section 18, in17 cluding an alternative prescription proposed under 

18 section 33(b); or 

19 ‘‘(3) any further condition or prescription pur20 suant to section 4(e), 6, or 18. 

21 ‘‘(b) AUTHORIZATION OF TRIAL-TYPE HEARING.— 

22 The license applicant (including an applicant for a license 

23 under section 15) and any party to the proceeding shall 

24 be entitled to a determination on the record, after oppor25 tunity for a trial-type hearing of not more than 120 days, 


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1 on any disputed issues of material fact with respect to an 

2 applicable covered measure. 

3 ‘‘(c) DEADLINE FOR REQUEST.—A request for a 

4 trial-type hearing under this section shall be submitted not 

5 later than 60 days after the date on which, as applicable— 

6 ‘‘(1) the Secretary submits the condition under 

7 section 4(e) or prescription under section 18; or 

8 ‘‘(2)(A) the Commission publishes notice of the 

9 intention to use the reserved authority of the Com10 mission to order a further condition under section 6; 

11 or 

12 ‘‘(B) the Secretary exercises reserved authority 

13 under the license to prescribe, submit, or revise any 

14 condition to a license under the first proviso of sec15 tion 4(e) or fishway prescribed under section 18, as 

16 appropriate. 

17 ‘‘(d) NO REQUIREMENT TO EXHAUST.—By electing 

18 not to request a trial-type hearing under subsection (c), 

19 a license applicant and any other party to a license pro20 ceeding shall not be considered to have waived the right 

21 of the applicant or other party to raise any issue of fact 

22 or law in a non-trial-type proceeding, but no issue may 

23 be raised for the first time on rehearing or judicial review 

24 of the license decision of the Commission. 

25 ‘‘(e) ADMINISTRATIVE LAW JUDGE.— 


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1 ‘‘(1) IN GENERAL.—All disputed issues of mate2 rial fact raised by a party in a request for a trial3 type hearing submitted under subsection (c) shall be 

4 determined in a single trial-type hearing to be con5 ducted by an Administrative Law Judge within the 

6 Office of Administrative Law Judges and Dispute 

7 Resolution of the Commission, in accordance with 

8 the Commission rules of practice and procedure 

9 under part 385 of title 18, Code of Federal Regula10 tions (or successor regulations), and within the time11 frame established by the Commission for each li12 cense proceeding (including a proceeding for a li13 cense under section 15) under section 35(c). 

14 ‘‘(2) REQUIREMENT.—The trial-type hearing 

15 shall include the opportunity— 

16 ‘‘(A) to undertake discovery; and 

17 ‘‘(B) to cross-examine witnesses. 

18 ‘‘(f) STAY.—The Administrative Law Judge may im19 pose a stay of a trial-type hearing under this section for 

20 a period of not more than 120 days to facilitate settlement 

21 negotiations relating to resolving the disputed issues of 

22 material fact with respect to the covered measure. 

23 ‘‘(g) DECISION OF ADMINISTRATIVE LAW JUDGE.— 

24 ‘‘(1) CONTENTS.—The decision of the Adminis25 trative Law Judge shall contain— 


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1 ‘‘(A) findings of fact on all disputed issues 

2 of material fact; 

3 ‘‘(B) conclusions of law necessary to make 

4 the findings of fact, including rulings on mate5 riality and the admissibility of evidence; and 

6 ‘‘(C) reasons for the findings and conclu7 sions. 

8 ‘‘(2) LIMITATION.—The decision of the Admin9 istrative Law Judge shall not contain conclusions as 

10 to whether— 

11 ‘‘(A) any condition or prescription should 

12 be adopted, modified, or rejected; or 

13 ‘‘(B) any alternative condition or prescrip14 tion should be adopted, modified, or rejected. 

15 ‘‘(3) FINALITY.—A decision of an Administra16 tive Law Judge under this section with respect to a 

17 disputed issue of material fact shall not be subject 

18 to further administrative review. 

19 ‘‘(4) SERVICE.—The Administrative Law Judge 

20 shall serve the decision on each party to the hearing 

21 and forward the complete record of the hearing to 

22 the Commission and the Secretary that proposed the 

23 original condition or prescription. 

24 ‘‘(h) SECRETARIAL DETERMINATION.— 


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1 ‘‘(1) IN GENERAL.—Not later than 60 days 

2 after the date on which the Administrative Law 

3 Judge issues the decision under subsection (g) and 

4 in accordance with the schedule established by the 

5 Commission under section 35(c), the Secretary pro6 posing a condition under section 4(e) or a prescrip7 tion under section 18 shall file with the Commission 

8 a final determination to adopt, modify, or withdraw 

9 any condition or prescription that was the subject of 

10 a hearing under this section, based on the decision 

11 of the Administrative Law Judge. 

12 ‘‘(2) RECORD OF DETERMINATION.—The final 

13 determination of the Secretary filed with the Com14 mission shall identify the reasons for the decision 

15 and any considerations taken into account that were 

16 not part of, or inconsistent with, the findings of the 

17 Administrative Law Judge and shall be included in 

18 the consolidated record in section 35(e). 

19 ‘‘(i) LICENSING DECISION OF COMMISSION.—Not20 withstanding sections 4(e) and 18, if the Commission finds 

21 that the final condition or prescription of the Secretary 

22 is inconsistent with the purposes of this part or other ap23 plicable law, the Commission may refer the matter to the 

24 Director of the Office of Management and Budget, acting 


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1 in consultation with the Chair of the Council on Environ2 mental Quality, as appropriate, under section 35(c)(3). 

3 ‘‘(j) JUDICIAL REVIEW.—The decision of the Admin4 istrative Law Judge and the record of determination of 

5 the Secretary shall be included in the record of the appli6 cable licensing proceeding and subject to judicial review 

7 of the final licensing decision of the Commission under 

8 section 313(b).’’. 

9 SEC. 3002. EVALUATION OF EXPEDITED LICENSING FOR 

10 QUALIFIED PROJECT UPGRADES. 

11 (a) DEFINITION OF PROJECT.—In this section, the 

12 term ‘‘project’’ has the meaning given the term in section 

13 3 of the Federal Power Act (16 U.S.C. 796). 

14 (b) EVALUATION.—The Federal Energy Regulatory 

15 Commission (referred to in this part as the ‘‘Commis16 sion’’) shall evaluate the potential to implement part I of 

17 the Federal Power Act (16 U.S.C. 792 et seq.) more expe18 ditiously for qualified project upgrades described in sub19 section (c). 

20 (c) QUALIFIED PROJECT UPGRADE DESCRIBED.—A 

21 qualified project upgrade under subsection (b) shall be an 

22 amendment to the existing license of a project that in23 volves changes that— 

24 (1)(A) are limited to the powerhouse equipment 

25 of the project; or 


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1 (B) would result in environmental protection, 

2 mitigation, or enhancement measures to benefit fish 

3 and wildlife resources or other natural and cultural 

4 resources; and 

5 (2)(A) if carried out, would be unlikely— 

6 (i) to adversely affect any species listed as 

7 threatened or endangered under the Endan8 gered Species Act of 1973 (16 U.S.C. 1531 et 

9 seq.); or 

10 (ii) to result in the destruction or adverse 

11 modification of critical habitat in accordance 

12 with section 7 of the Endangered Species Act of 

13 1973 (16 U.S.C. 1536); 

14 (B) would be consistent with any applicable 

15 comprehensive plan under section 10(a) of the Fed16 eral Power Act (16 U.S.C. 803(a)); 

17 (C) would result in insignificant environmental 

18 effects; and 

19 (D) would be unlikely to adversely affect water 

20 quality and water supply. 

21 (d) CHANGES TO POLICIES AND REGULATIONS.— 

22 (1) IN GENERAL.—In carrying out the evalua23 tion under subsection (b), the Commission may 

24 make the following changes to applicable policies and 

25 regulations: 


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1 (A) With respect to each type of qualified 

2 project upgrade described in subsection (c), es3 tablishing a qualifying determination process 

4 consisting of the following steps: 

5 (i) A license applicant shall file a no6 tice of intent to amend an existing license 

7 of a project if the project is a qualified 

8 project upgrade described in subsection (c). 

9 (ii) Not later than 15 days after re10 ceipt of a notice of intent filed under 

11 clause (i), the Commission shall make an 

12 initial determination of whether the project 

13 is a qualified project upgrade under sub14 section (c). 

15 (iii) If the Commission makes an af16 firmative initial determination under clause 

17 (ii), the Commission shall make available 

18 to the public the notice of intent filed 

19 under clause (i). 

20 (iv) If any person contests the initial 

21 determination of the Commission under 

22 clause (ii) during the 45-day period fol23 lowing the date on which the notice of in24 tent is made publicly available under 

25 clause (iii), the Commission shall promptly 


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1 issue a written determination as to wheth2 er the project is a qualified project up3 grade under subsection (c). 

4 (v) If no person contests the initial 

5 determination of the Commission under 

6 clause (ii) during the 45-day period fol7 lowing the date on which the notice of in8 tent is made publicly available under 

9 clause (iii), the project shall be considered 

10 to be a qualified project upgrade under 

11 subsection (c). 

12 (B) With respect to a qualified project up13 grade described in subsection (c), making the 

14 following changes to the application process, as 

15 applicable: 

16 (i) If an application for an amend17 ment to the existing license provides for 

18 the addition of a new generating unit, not 

19 automatically considering that addition by 

20 itself to be an amendment that involves ad21 ditional capacity, as described in sections 

22 4.201(b) and 4.38(a)(6)(iv) of title 18, 

23 Code of Federal Regulations (as in effect 

24 on the date of enactment of this Act). 


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1 (ii) Requiring fewer exhibits as part of 

2 the amendment application, as described in 

3 section 4.201(b) of title 18, Code of Fed4 eral Regulations (as in effect on the date 

5 of enactment of this Act). 

6 (iii) Reviewing and updating, as nec7 essary, the existing categorical exclusions 

8 described in section 380.4 of title 18, Code 

9 of Federal Regulations (as in effect on the 

10 date of enactment of this Act). 

11 (C) Such other changes with respect to 

12 qualified project upgrades as the Commission 

13 determines to be appropriate and in accordance 

14 with applicable law. 

15 (2) PUBLIC INPUT.— 

16 (A) EVALUATION.—In carrying out para17 graph (1), the Commission shall hold— 

18 (i) 1 or more public workshops; and 

19 (ii) a public comment period. 

20 (B) POLICY OR REGULATORY CHANGES.— 

21 In carrying out paragraph (1), the Commission 

22 shall consider public comments before finalizing 

23 any change to policy or regulation. 

24 (e) SCHEDULE.—In carrying out this section, the 

25 Commission shall comply with the following schedule: 


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1 (1) Not later than 60 days after the date of en2 actment of this Act, initiate the evaluation under 

3 subsection (b). 

4 (2) Not later than 90 days after the date on 

5 which the evaluation is initiated under paragraph 

6 (1), hold 1 or more public workshops, as described 

7 in subsection (d)(2)(A). 

8 (3) Not later than 120 days after the date on 

9 which the first public workshop is held under para10 graph (2), complete a public comment period. 

11 (4) Not later than 90 days after the date on 

12 which the public comment period is completed under 

13 paragraph (3), propose any changes to existing pol14 icy or regulations. 

15 (5) Not later than 90 days after the date on 

16 which any changes are proposed under paragraph 

17 (4), finalize any policy changes resulting from the 

18 evaluation under subsection (b). 

19 (6) Not later than 1 year after proposing any 

20 changes to existing regulations under paragraph (4), 

21 finalize any changes to existing regulations resulting 

22 from the evaluation under subsection (b). 

23 (f) EFFECT OF CHANGES.—Any changes to policy or 

24 regulations finalized by the Commission under this section 

25 shall seek to reduce the time required, as of the date of 


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1 enactment of this Act, for a qualified project upgrade de2 scribed in subsection (c) to receive a license amendment 

3 under part I of the Federal Power Act (16 U.S.C. 792 

4 et seq.). 

5 SEC. 3003. REGULATIONS TO ESTABLISH A 2-YEAR PROCESS 

6 FOR CERTAIN NONPOWERED DAMS AND 

7 CLOSED-LOOP PUMPED STORAGE PROJECTS. 

8 Section 6 of the Hydropower Regulatory Efficiency 

9 Act of 2013 (16 U.S.C. 797 note; Public Law 113–23) 

10 is amended by adding at the end the following: 

11 ‘‘(e) REGULATIONS TO ESTABLISH 2-YEAR PROC12 ESS.—Not later than 180 days after the date of enactment 

13 of the Energy and Natural Resources Act of 2017, the 

14 Commission shall initiate proceedings to promulgate re15 vised regulations relating to the integrated licensing proc16 ess, alternative licensing process, or traditional licensing 

17 process of the Commission, as the Commission determines 

18 to be appropriate, to establish, based on the report issued 

19 under subsection (d)(2), a 2-year process for original li20 censes at nonpowered dams in existence on the date of 

21 enactment of the Energy and Natural Resources Act of 

22 2017 or closed-loop pumped storage projects (as defined 

23 by the Commission after the consideration of public com24 ments).’’. 


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1 SEC. 3004. REGIONWIDE PILOT PROGRAM. 

2 (a) IN GENERAL.—The Commission (as defined in 

3 section 3 of the Federal Power Act (16 U.S.C. 796)) shall 

4 establish a voluntary pilot program covering at least 1 re5 gion in which the Commission, in consultation with the 

6 heads of other applicable Federal agencies, shall direct re7 gionwide studies to inform subsequent project-level studies 

8 within each region. 

9 (b) DESIGNATION.—Not later than 2 years after the 

10 date of enactment of this Act, if the conditions under sub11 section (c) are met, the Commission, in consultation with 

12 the heads of other applicable Federal agencies, shall des13 ignate 1 or more regions to be studied under this section. 

14 (c) VOLUNTARY BASIS.—The Commission may only 

15 designate regions under subsection (b) in which every li16 censee, on a voluntary basis and in writing, agrees— 

17 (1) to be included in the pilot program; and 

18 (2) to any cost-sharing arrangement with other 

19 licensees, to the extent the region contains projects 

20 owned or operated by more than 1 licensee, and ap21 plicable Federal and State agencies with respect to 

22 conducting regionwide studies. 

23 (d) SINGLE LICENSEE.—The Commission may des24 ignate regions under subsection (b) that contain only 

25 projects owned or operated by a single licensee. 


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1 (e) SCALE.—The regions designated under subsection 

2 (b) shall— 

3 (1) be at an adequately large scale to cover at 

4 least 3 existing projects that— 

5 (A) are licensed under part I of the Fed6 eral Power Act (16 U.S.C. 792 et seq.); and 

7 (B) the licenses of which shall expire not 

8 later than 15 years after the date of enactment 

9 of this Act; and 

10 (2) be likely to yield regionwide studies and in11 formation that will significantly reduce the need for 

12 and scope of subsequent project-level studies and in13 formation. 

14 (f) REGIONWIDE STUDY SCOPE.—The Commission 

15 shall ensure that regionwide studies conducted under this 

16 section concentrate on information specifically relevant to 

17 license applications under part I of the Federal Power Act 

18 (16 U.S.C. 792 et seq.). 

19 (g) PROJECT LICENSE TERMS.—The Commission 

20 may extend the term of any existing license within a region 

21 designated under subsection (b) by up to 8 years to pro22 vide sufficient time for relevant regionwide studies to in23 form subsequent project-level studies. 


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1 SEC. 3005. PUMPED STORAGE HYDROPOWER. 

2 (a) REPORT ON PUMPED STORAGE HYDROPOWER

3 BARRIERS.— 

4 (1) IN GENERAL.—Not later than 270 days 

5 after the date of enactment of this Act, the Commis6 sion shall submit to the Committee on Energy and 

7 Natural Resources of the Senate and the Committee 

8 on Energy and Commerce of the House of Rep9 resentatives a report— 

10 (A)(i) describing any barriers to the devel11 opment and proper compensation of pumped 

12 storage hydropower projects and other energy 

13 storage facilities caused by— 

14 (I) rules of Transmission Organiza15 tions (as defined in section 3 of the Fed16 eral Power Act (16 U.S.C. 796)); or 

17 (II) regulations or policies— 

18 (aa) of the Commission; or 

19 (bb) under the Federal Power 

20 Act (16 U.S.C. 791a et seq.); and 

21 (ii) containing recommendations of the 

22 Commission for reducing those barriers; 

23 (B) identifying and determining any mar24 ket, procurement, or cost recovery mechanisms 

25 that would— 


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1 (i) encourage development of pumped 

2 storage hydropower projects; and 

3 (ii) properly compensate pumped stor4 age hydropower projects for the full range 

5 of services provided to the electric grid, in6 cluding— 

7 (I) balancing electricity supply 

8 and demand; 

9 (II) ensuring grid reliability; and 

10 (III) integrating intermittent 

11 power sources into the grid in a cost12 effective manner; and 

13 (C) identifying ownership and development 

14 models that could reduce barriers to the devel15 opment of pumped storage hydropower projects, 

16 including— 

17 (i) opportunities for risk-sharing 

18 mechanisms and partnerships, including 

19 co-ownership models; and 

20 (ii) opportunities to foster lease sale 

21 and lease-back arrangements with publicly 

22 owned electric utilities. 

23 (2) CURRENT PROCEEDING.—The Commission 

24 shall base the report under paragraph (1) on the 

25 findings of the Commission in— 


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1 (A) Docket No. AD16-20-000; and 

2 (B) any other relevant proceedings. 

3 (b) TRADITIONAL LICENSING PROCESS TIMELINE.— 

4 It is the sense of Congress that a license order of the Com5 mission under part I of the Federal Power Act (16 U.S.C. 

6 792 et seq.) for a pumped storage project should be issued 

7 by the date that is 1 year after the date on which the 

8 Commission considers the application for the project to be 

9 complete if— 

10 (1) the license applicant has filed a license ap11 plication in accordance with subpart D of part 4 of 

12 title 18, Code of Federal Regulations (or successor 

13 regulations); and 

14 (2) after carrying out an environmental assess15 ment under the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.) for the project, the 

17 Commission concludes that no environmental impact 

18 statement under the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) is necessary 

20 for the project. 

21 SEC. 3006. ANNUAL REPORTS. 

22 Part I of the Federal Power Act (16 U.S.C. 792 et 

23 seq.) (as amended by section 3001(c)) is amended by add24 ing at the end the following: 


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1 ‘‘SEC. 37. ANNUAL REPORTS. 

2 ‘‘(a) COMMISSION ANNUAL REPORT.— 

3 ‘‘(1) IN GENERAL.—The Commission shall sub4 mit to the Committee on Energy and Natural Re5 sources of the Senate and the Committee on Energy 

6 and Commerce of the House of Representatives an 

7 annual report that— 

8 ‘‘(A) describes and quantifies, for each li9 censed, exempted, or proposed project under 

10 this part or section 405(d) of the Public Utility 

11 Regulatory Policies Act of 1978 (16 U.S.C. 

12 2705(d)) (referred to in this subsection as the 

13 ‘covered project’), the quantity of energy and 

14 capacity authorized for new development and 

15 reauthorized for continued operation during the 

16 reporting year, including an assessment of the 

17 economic, climactic, air quality, and other envi18 ronmental benefits achieved by the new and re19 authorized energy and capacity; 

20 ‘‘(B) describes and quantifies the loss of 

21 energy, capacity, or ancillary services as a re22 sult of any licensing action under this part or 

23 other requirement under Federal law during the 

24 reporting year; 

25 ‘‘(C) identifies any application to license, 

26 relicense, or expand a covered project pending 


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1 as of the date of the annual report, including 

2 a quantification of the new energy and capacity 

3 with the potential to be gained or lost by action 

4 relating to the covered project; and 

5 ‘‘(D) lists all proposed covered projects 

6 that, as of the date of the annual report, are 

7 subject to a preliminary permit issued under 

8 section 4(f), including a description of the 

9 quantity of new energy and capacity that would 

10 be achieved through the development of each 

11 proposed covered project. 

12 ‘‘(2) AVAILABILITY.—The Commission shall es13 tablish and maintain a publicly available website or 

14 comparable resource that tracks all information re15 quired for the annual report under paragraph (1). 

16 ‘‘(b) RESOURCE AGENCY ANNUAL REPORT.— 

17 ‘‘(1) IN GENERAL.—Any Federal resource agen18 cy that is participating in any Commission pro19 ceeding under this part or that has responsibilities 

20 for any Federal authorization shall submit to the 

21 Committee on Energy and Natural Resources of the 

22 Senate and the Committee on Energy and Com23 merce of the House of Representatives a report 

24 that— 


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1 ‘‘(A) describes each term, condition, or 

2 other requirement prepared by the resource 

3 agency during the reporting year with respect 

4 to a Commission proceeding under this part, in5 cluding— 

6 ‘‘(i) an assessment of whether imple7 mentation of the term, condition, or other 

8 requirement would result in the loss of en9 ergy, capacity, or ancillary services at the 

10 project, including a quantification of the 

11 losses; 

12 ‘‘(ii) an analysis of economic, air qual13 ity, climactic, and other environmental ef14 fects associated with implementation of the 

15 term, condition, or other requirement; 

16 ‘‘(iii) a demonstration, based on evi17 dence in the record of the Commission, 

18 that the resource agency prepared the 

19 term, condition, or other requirement in a 

20 manner that meets the policy established 

21 by this part while discharging the respon22 sibilities of the resource agency under this 

23 part or any other applicable requirement 

24 under Federal law; and 


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1 ‘‘(iv) a statement of whether the head 

2 of the applicable Federal agency has ren3 dered final approval of the term, condition, 

4 or other requirement, or whether the term, 

5 condition, or other requirement remains a 

6 preliminary recommendation of staff of the 

7 resource agency; and 

8 ‘‘(B) identifies all pending, scheduled, and 

9 anticipated proceedings under this part that, as 

10 of the date of the annual report, the resource 

11 agency expects to participate in, or has any ap12 proval or participatory responsibilities for under 

13 Federal law, including— 

14 ‘‘(i) an accounting of whether the re15 source agency met all deadlines or other 

16 milestones established by the resource 

17 agency or the Commission during the re18 porting year; and 

19 ‘‘(ii) the specific plans of the resource 

20 agency for allocating sufficient resources 

21 for each project during the upcoming year. 

22 ‘‘(2) AVAILABILITY.—Any resource agency pre23 paring an annual report to Congress under para24 graph (1) shall establish and maintain a publicly 


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1 available website or comparable resource that tracks 

2 all information required for the annual report.’’. 

3 SEC. 3007. SYNCHRONIZATION OF HYDROELECTRIC LI4 CENSING PROCESSES OF THE BUREAU OF 

5 RECLAMATION AND THE FEDERAL ENERGY 

6 REGULATORY COMMISSION. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of enactment of this Act, the Bureau of Reclamation 

9 and the Commission shall enter into a memorandum of 

10 understanding to synchronize, to the maximum extent 

11 practicable, the lease of power and privilege process and 

12 regulations of the Bureau and the licensing requirements 

13 of the Commission, relating to hydroelectric power for any 

14 project (as defined in section 3 of the Federal Power Act 

15 (16 U.S.C. 796)) that is subject, in whole or in part, to 

16 the jurisdiction of the Bureau of Reclamation and the 

17 Commission. 

18 (b) MEMORANDUM OF UNDERSTANDING.—In enter19 ing into the memorandum of understanding required 

20 under subsection (a), the Bureau of Reclamation and the 

21 Commission shall, to the maximum extent practicable— 

22 (1) establish a process to facilitate timely li23 censing and permitting of hydropower projects, in24 cluding pumped storage hydroelectric projects; 


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1 (2) include a public workshop and comment pe2 riod; 

3 (3) consider a phased approach to synchronize 

4 processes for authorizing non-Federal pumped stor5 age hydropower projects with an environmental re6 view phase followed by an engineering and technical 

7 analysis phase; and 

8 (4) consider a phased approach that allows in9 cremental funding of a project by a developer. 

10 SEC. 3008. FEDERAL ENERGY REGULATORY COMMISSION 

11 PROJECTS. 

12 (a) GIBSON DAM.— 

13 (1) IN GENERAL.—Notwithstanding the time 

14 period specified in section 13 of the Federal Power 

15 Act (16 U.S.C. 806) that would otherwise apply to 

16 the Federal Energy Regulatory Commission project 

17 numbered 12478–003, the Federal Energy Regu18 latory Commission (referred to in this section as the 

19 ‘‘Commission’’) may, at the request of the licensee 

20 for the project, and after reasonable notice, in ac21 cordance with the good faith, due diligence, and pub22 lic interest requirements of, and the procedures of 

23 the Commission under, that section, extend the time 

24 period during which the licensee is required to com25 mence construction of the project for not more than 


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1 3 consecutive 2-year periods from the date of the ex2 piration of the extension originally issued by the 

3 Commission. 

4 (2) REINSTATEMENT OF EXPIRED LICENSE.— 

5 (A) IN GENERAL.—If the period required 

6 for the commencement of construction of the 

7 project described in paragraph (1) has expired 

8 prior to the date of enactment of this Act, the 

9 Commission may reinstate the license effective 

10 as of that date of expiration. 

11 (B) EXTENSION.—If the Commission rein12 states the license under subparagraph (A), the 

13 first extension authorized under paragraph (1) 

14 shall take effect on the date of that expiration. 

15 (b) CANNONSVILLE DAM.— 

16 (1) IN GENERAL.—Notwithstanding the time 

17 period specified in section 13 of the Federal Power 

18 Act (16 U.S.C. 806) that would otherwise apply to 

19 the Commission project numbered 13287, the Com20 mission may, at the request of the licensee for the 

21 project, and after reasonable notice, in accordance 

22 with the good faith, due diligence, and public inter23 est requirements of that section and the procedures 

24 of the Commission under that section, extend the 

25 time period during which the licensee is required to 


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1 commence construction of the project for up to 4 

2 consecutive 2-year periods after the required date of 

3 the commencement of construction described in Arti4 cle 301 of the license. 

5 (2) REINSTATEMENT OF EXPIRED LICENSE.— 

6 (A) IN GENERAL.—If the period required 

7 for the commencement of construction of the 

8 project described in paragraph (1) has expired 

9 prior to the date of enactment of this Act, the 

10 Commission may reinstate the license effective 

11 as of that date of expiration. 

12 (B) EXTENSION.—If the Commission rein13 states the license under subparagraph (A), the 

14 first extension authorized under paragraph (1) 

15 shall take effect on the date of that expiration. 

16 (c) W. KERR SCOTT DAM.— 

17 (1) IN GENERAL.—Notwithstanding the time 

18 period specified in section 13 of the Federal Power 

19 Act (16 U.S.C. 806) that would otherwise apply to 

20 the Commission project numbered 12642, the Com21 mission may, at the request of the licensee for the 

22 project, and after reasonable notice, in accordance 

23 with the good faith, due diligence, and public inter24 est requirements of that section and the procedures 

25 of the Commission under that section, extend the 


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1 time period during which the licensee is required to 

2 commence the construction of the project for up to 

3 3 consecutive 2-year periods from the date of the ex4 piration of the extension originally issued by the 

5 Commission. 

6 (2) REINSTATEMENT OF EXPIRED LICENSE.—If 

7 the period required for commencement of construc8 tion of the project described in paragraph (1) has 

9 expired prior to the date of enactment of this Act— 

10 (A) the Commission may reinstate the li11 cense effective as of the date of the expiration 

12 of the license; and 

13 (B) the first extension authorized under 

14 paragraph (1) shall take effect on that expira15 tion date. 

16 (d) GATHRIGHT DAM.— 

17 (1) IN GENERAL.—Notwithstanding the time 

18 period specified in section 13 of the Federal Power 

19 Act (16 U.S.C. 806) that would otherwise apply to 

20 the Commission project numbered 12737, the Com21 mission may, at the request of the licensee for the 

22 project, and after reasonable notice, in accordance 

23 with the good faith, due diligence, and public inter24 est requirements of that section and the procedures 

25 of the Commission under that section, extend the 


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1 time period during which the licensee is required to 

2 commence the construction of the project for up to 

3 3 consecutive 2-year periods from the date of the ex4 piration of the extension originally issued by the 

5 Commission. 

6 (2) REINSTATEMENT OF EXPIRED LICENSE.—If 

7 the period required for commencement of construc8 tion of the project described in paragraph (1) has 

9 expired prior to the date of enactment of this Act— 

10 (A) the Commission may reinstate the li11 cense for the project effective as of the date of 

12 the expiration of the license; and 

13 (B) the first extension authorized under 

14 paragraph (1) shall take effect on that expira15 tion. 

16 (e) FLANNAGAN DAM.— 

17 (1) IN GENERAL.—Notwithstanding the time 

18 period specified in section 13 of the Federal Power 

19 Act (16 U.S.C. 806) that would otherwise apply to 

20 the Commission project numbered 12740, the Com21 mission may, at the request of the licensee for the 

22 project, and after reasonable notice, in accordance 

23 with the good faith, due diligence, and public inter24 est requirements of that section and the procedures 

25 of the Commission under that section, extend the 


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1 time period during which the licensee is required to 

2 commence the construction of the project for up to 

3 3 consecutive 2-year periods from the date of the ex4 piration of the extension originally issued by the 

5 Commission. 

6 (2) REINSTATEMENT OF EXPIRED LICENSE.—If 

7 the period required for commencement of construc8 tion of a project described in paragraph (1) has ex9 pired prior to the date of enactment of this Act— 

10 (A) the Commission may reinstate the li11 cense for the project effective as of the date of 

12 the expiration of the license; and 

13 (B) the first extension authorized under 

14 paragraph (1) shall take effect on that expira15 tion. 

16 (f) JENNINGS RANDOLPH DAM.— 

17 (1) EXTENSION OF TIME.—Notwithstanding the 

18 time period specified in section 13 of the Federal 

19 Power Act (16 U.S.C. 806) that would otherwise 

20 apply to the Commission project numbered 12715 

21 (referred to in this subsection as the ‘‘project’’), the 

22 Commission may, at the request of the licensee for 

23 the project, and after reasonable notice, in accord24 ance with the good faith, due diligence, and public 

25 interest requirements of, and the procedures of the 


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1 Commission under, that section, extend the time pe2 riod during which the licensee is required to com3 mence the construction of the project for not more 

4 than 3 consecutive 2-year periods that begin on the 

5 date of the expiration of the extension originally 

6 issued by the Commission. 

7 (2) REINSTATEMENT OF EXPIRED LICENSE.— 

8 (A) IN GENERAL.—If the period required 

9 for the commencement of construction of the 

10 project has expired before the date of enact11 ment of this Act, the Commission may reinstate 

12 the license effective as of the date of the expira13 tion of the license. 

14 (B) EXTENSION.—If the Commission rein15 states the license under subparagraph (A), the 

16 first extension authorized under paragraph (1) 

17 shall take effect on the date of that expiration. 

18 (g) MAHONEY LAKE HYDROELECTRIC PROJECT.— 

19 (1) DEFINITIONS.—In this subsection: 

20 (A) LICENSE.—The term ‘‘license’’ means 

21 the license for the Commission project num22 bered 11393. 

23 (B) LICENSEE.—The term ‘‘licensee’’ 

24 means the holder of the license. 


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1 (2) STAY OF LICENSE.—On the request of the 

2 licensee, the Commission shall issue an order con3 tinuing the stay of the license. 

4 (3) LIFTING OF STAY.—On the request of the 

5 licensee, but not later than 10 years after the date 

6 of enactment of this Act, the Commission shall— 

7 (A) issue an order lifting the stay of the li8 cense under paragraph (2); and 

9 (B) make the effective date of the license 

10 the date on which the stay is lifted under sub11 paragraph (A). 

12 (4) EXTENSION OF LICENSE.— 

13 (A) IN GENERAL.—Notwithstanding the 

14 time period specified in section 13 of the Fed15 eral Power Act (16 U.S.C. 806) that would oth16 erwise apply to the Commission project num17 bered 11393, the Commission may, at the re18 quest of the licensee, and after reasonable no19 tice, in accordance with the good faith, due dili20 gence, and public interest requirements of, and 

21 the procedures of the Commission under, that 

22 section, extend the time period during which 

23 the licensee is required to commence the con24 struction of the project for not more than 3 

25 consecutive 2-year periods from the date of the 


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1 expiration of the extension originally issued by 

2 the Commission. 

3 (B) REINSTATEMENT OF EXPIRED LI4 CENSE.— 

5 (i) IN GENERAL.—If the period re6 quired for the commencement of construc7 tion of the project described in subpara8 graph (A) has expired prior to the date of 

9 enactment of this Act, the Commission 

10 may reinstate the license effective as of the 

11 date of the expiration of the license. 

12 (ii) EXTENSION.—If the Commission 

13 reinstates the license under clause (i), the 

14 first extension authorized under subpara15 graph (A) shall take effect on the date of 

16 that expiration. 

17 (5) EFFECT.—Nothing in this subsection 

18 prioritizes, or creates any advantage or disadvantage 

19 to, Commission project numbered 11393 under Fed20 eral law, including the Federal Power Act (16 

21 U.S.C. 791a et seq.) or the Public Utility Regulatory 

22 Policies Act of 1978 (16 U.S.C. 2601 et seq.), as 

23 compared to— 

24 (A) any electric generating facility in exist25 ence on the date of enactment of this Act; or 


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1 (B) any electric generating facility that 

2 may be examined, proposed, or developed dur3 ing the period of any stay or extension of the 

4 license under this subsection. 

5 (h) TERROR LAKE HYDROELECTRIC PROJECT

6 UPPER HIDDEN BASIN DIVERSION.— 

7 (1) DEFINITIONS.—In this subsection: 

8 (A) TERROR LAKE HYDROELECTRIC

9 PROJECT.—The term ‘‘Terror Lake Hydro10 electric Project’’ means the project identified in 

11 section 1325 of the Alaska National Interest 

12 Lands Conservation Act (16 U.S.C. 3212), and 

13 which is the Commission project numbered 

14 2743. 

15 (B) UPPER HIDDEN BASIN DIVERSION EX16 PANSION.—The term ‘‘Upper Hidden Basin Di17 version Expansion’’ means the expansion of the 

18 Terror Lake Hydroelectric Project as generally 

19 described in exhibit E to the Upper Hidden 

20 Basin Grant Application dated July 2, 2014, 

21 and submitted to the Alaska Energy Authority 

22 Renewable Energy Fund Round VIII by Kodiak 

23 Electric Association, Inc. 

24 (2) AUTHORIZATION.—The licensee for the Ter25 ror Lake Hydroelectric Project may occupy not more 


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1 than 20 acres of Federal land to construct, operate, 

2 and maintain the Upper Hidden Basin Diversion 

3 Expansion without further authorization of the Sec4 retary of the Interior or under the Alaska National 

5 Interest Lands Conservation Act (16 U.S.C. 3101 et 

6 seq.). 

7 (3) SAVINGS CLAUSE.—The Upper Hidden 

8 Basin Diversion Expansion shall be subject to ap9 propriate terms and conditions included in an 

10 amendment to a license issued by the Commission 

11 pursuant to the Federal Power Act (16 U.S.C. 791a 

12 et seq.), including section 4(e) of that Act (16 

13 U.S.C. 797(e)), following an environmental review 

14 by the Commission under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

16 SEC. 3009. STUDY OF SURRENDER OR TRANSFER OF LI17 CENSES FOR NONPOWERED SITES. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Commission shall prepare and submit to 

20 the Committee on Energy and Natural Resources of the 

21 Senate and the Committee on Energy and Commerce of 

22 the House of Representatives a report that— 

23 (1) identifies the hydropower projects licensed 

24 by the Commission that are located at a nonpowered 


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1 site that serves as storage to support downstream 

2 power generation; 

3 (2) analyzes the value of electric power genera4 tion associated with the projects identified under 

5 paragraph (1) relative to the value of nonpower gen6 eration functions associated with the same projects, 

7 including recreational and environmental functions; 

8 (3) describes the range of options that exist 

9 under law in effect on the date of enactment of this 

10 Act with respect to the surrender or transfer of a li11 cense, including a representative range of actual 

12 measures required by the Commission of project 

13 owners that have surrendered or transferred a li14 cense; 

15 (4) identifies any barriers to the surrender or 

16 transfer of the licenses for the identified projects; 

17 and 

18 (5) identifies costs incurred by licensees of the 

19 identified projects resulting from requirements im20 posed by a Commission license, including applicable 

21 costs broken down by categories related to— 

22 (A) the environment, including fish and 

23 wildlife measures; 

24 (B) human safety; 

25 (C) electric reliability; 


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1 (D) recreation; 

2 (E) cultural resources; 

3 (F) flood control; 

4 (G) navigation; 

5 (H) irrigation; and 

6 (I) any other relevant category as deter7 mined by the Commission. 

8 SEC. 3010. HYDROELECTRIC PRODUCTION INCENTIVES 

9 AND EFFICIENCY IMPROVEMENTS. 

10 (a) HYDROELECTRIC PRODUCTION INCENTIVES.— 

11 Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 

12 15881) is amended— 

13 (1) in subsection (c), by striking ‘‘10’’ and in14 serting ‘‘20’’; 

15 (2) in subsection (f), by striking ‘‘20’’ and in16 serting ‘‘30’’; and 

17 (3) in subsection (g), by striking ‘‘each of the 

18 fiscal years 2006 through 2015’’ and inserting ‘‘each 

19 of fiscal years 2018 through 2027’’. 

20 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 

21 Section 243(c) of the Energy Policy Act of 2005 (42 

22 U.S.C. 15882(c)) is amended by striking ‘‘each of the fis23 cal years 2006 through 2015’’ and inserting ‘‘each of fis24 cal years 2018 through 2027’’. 


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1 PART II—GEOTHERMAL 

2 SEC. 3011. GEOTHERMAL ENERGY. 

3 (a) SENSE OF CONGRESS REGARDING NATIONAL

4 GOALS FOR PRODUCTION AND SITE IDENTIFICATION.— 

5 It is the sense of Congress that, not later than 10 years 

6 after the date of enactment of this Act— 

7 (1) the Secretary of the Interior shall seek to 

8 approve a significant increase in new geothermal en9 ergy capacity on public land across a geographically 

10 diverse set of States using the full range of available 

11 technologies; and 

12 (2) the Secretary, acting through the Director 

13 of the United States Geological Survey, should iden14 tify sites capable of producing a total of 50,000 

15 megawatts of geothermal power, using the full range 

16 of available technologies, through a program con17 ducted in collaboration with industry, including cost18 shared exploration drilling. 

19 (b) FACILITATION OF COPRODUCTION OF GEO20 THERMAL ENERGY ON OIL AND GAS LEASES.—Section 

21 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 

22 1003(b)) is amended by adding at the end the following: 

23 ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 

24 Land under an oil and gas lease issued pursuant to 

25 the Mineral Leasing Act (30 U.S.C. 181 et seq.) or 

26 the Mineral Leasing Act for Acquired Lands (30 


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1 U.S.C. 351 et seq.) that is subject to an approved 

2 application for permit to drill and from which oil 

3 and gas production is occurring may be available for 

4 noncompetitive leasing under this section to the 

5 holder of the oil and gas lease— 

6 ‘‘(A) on a determination that— 

7 ‘‘(i) geothermal energy will be pro8 duced from a well producing or capable of 

9 producing oil and gas; and 

10 ‘‘(ii) national energy security will be 

11 improved by the issuance of such a lease; 

12 and 

13 ‘‘(B) to provide for the coproduction of 

14 geothermal energy with oil and gas.’’. 

15 (c) NONCOMPETITIVE LEASING OF ADJOINING

16 AREAS FOR DEVELOPMENT OF GEOTHERMAL RE17 SOURCES.—Section 4(b) of the Geothermal Steam Act of 

18 1970 (30 U.S.C. 1003(b)) (as amended by subsection (b)) 

19 is amended by adding at the end the following: 

20 ‘‘(5) ADJOINING LAND.— 

21 ‘‘(A) DEFINITIONS.—In this paragraph: 

22 ‘‘(i) FAIR MARKET VALUE PER

23 ACRE.—The term ‘fair market value per 

24 acre’ means a dollar amount per acre 

25 that— 


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1 ‘‘(I) except as provided in this 

2 clause, shall be equal to the market 

3 value per acre (taking into account 

4 the determination under subparagraph 

5 (B)(iii) regarding a valid discovery on 

6 the adjoining land), as determined by 

7 the Secretary under regulations issued 

8 under this paragraph; 

9 ‘‘(II) shall be determined by the 

10 Secretary with respect to a lease 

11 under this paragraph, by not later 

12 than the end of the 180-day period 

13 beginning on the date the Secretary 

14 receives an application for the lease; 

15 and 

16 ‘‘(III) shall be not less than the 

17 greater of— 

18 ‘‘(aa) 4 times the median 

19 amount paid per acre for all land 

20 leased under this Act during the 

21 preceding year; or 

22 ‘‘(bb) $50. 

23 ‘‘(ii) INDUSTRY STANDARDS.—The 

24 term ‘industry standards’ means the stand25 ards by which a qualified geothermal proVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 fessional assesses whether downhole or 

2 flowing temperature measurements with 

3 indications of permeability are sufficient to 

4 produce energy from geothermal resources, 

5 as determined through flow or injection 

6 testing or measurement of lost circulation 

7 while drilling. 

8 ‘‘(iii) QUALIFIED FEDERAL LAND.— 

9 The term ‘qualified Federal land’ means 

10 land that is otherwise available for leasing 

11 under this Act. 

12 ‘‘(iv) QUALIFIED GEOTHERMAL PRO13 FESSIONAL.—The term ‘qualified geo14 thermal professional’ means an individual 

15 who is an engineer or geoscientist in good 

16 professional standing with at least 5 years 

17 of experience in geothermal exploration, 

18 development, or project assessment. 

19 ‘‘(v) QUALIFIED LESSEE.—The term 

20 ‘qualified lessee’ means a person that is el21 igible to hold a geothermal lease under this 

22 Act (including applicable regulations). 

23 ‘‘(vi) VALID DISCOVERY.—The term 

24 ‘valid discovery’ means a discovery of a 

25 geothermal resource by a new or existing 


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1 slim hole or production well, that exhibits 

2 downhole or flowing temperature measure3 ments with indications of permeability that 

4 are sufficient to meet industry standards. 

5 ‘‘(B) AUTHORITY.—An area of qualified 

6 Federal land that adjoins other land for which 

7 a qualified lessee holds a legal right to develop 

8 geothermal resources may be available for a 

9 noncompetitive lease under this section to the 

10 qualified lessee at the fair market value per 

11 acre, if— 

12 ‘‘(i) the area of qualified Federal 

13 land— 

14 ‘‘(I) consists of not less than 1 

15 acre and not more than 640 acres; 

16 and 

17 ‘‘(II) is not already leased under 

18 this Act or nominated to be leased 

19 under subsection (a); 

20 ‘‘(ii) the qualified lessee has not pre21 viously received a noncompetitive lease 

22 under this paragraph in connection with 

23 the valid discovery for which data has been 

24 submitted under clause (iii)(I); and 


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1 ‘‘(iii) sufficient geological and other 

2 technical data prepared by a qualified geo3 thermal professional has been submitted by 

4 the qualified lessee to the applicable Fed5 eral land management agency that would 

6 lead individuals who are experienced in the 

7 subject matter to believe that— 

8 ‘‘(I) there is a valid discovery of 

9 geothermal resources on the land for 

10 which the qualified lessee holds the 

11 legal right to develop geothermal re12 sources; and 

13 ‘‘(II) that thermal feature ex14 tends into the adjoining areas. 

15 ‘‘(C) DETERMINATION OF FAIR MARKET

16 VALUE.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 shall— 

19 ‘‘(I) publish a notice of any re20 quest to lease land under this para21 graph; 

22 ‘‘(II) determine fair market value 

23 for purposes of this paragraph in ac24 cordance with procedures for making 

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1 lished by regulations issued by the 

2 Secretary; 

3 ‘‘(III) provide to a qualified les4 see and publish, with an opportunity 

5 for public comment for a period of 30 

6 days, any proposed determination 

7 under this subparagraph of the fair 

8 market value of an area that the 

9 qualified lessee seeks to lease under 

10 this paragraph; and 

11 ‘‘(IV) provide to the qualified les12 see and any adversely affected party 

13 the opportunity to appeal the final de14 termination of fair market value in an 

15 administrative proceeding before the 

16 applicable Federal land management 

17 agency, in accordance with applicable 

18 law (including regulations). 

19 ‘‘(ii) LIMITATION ON NOMINATION.— 

20 After publication of a notice of request to 

21 lease land under this paragraph, the Sec22 retary may not accept under subsection (a) 

23 any nomination of the land for leasing un24 less the request has been denied or with25 drawn. 


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1 ‘‘(iii) ANNUAL RENTAL.—For pur2 poses of section 5(a)(3), a lease awarded 

3 under this paragraph shall be considered a 

4 lease awarded in a competitive lease sale. 

5 ‘‘(D) REGULATIONS.—Not later than 270 

6 days after the date of enactment of the Energy 

7 and Natural Resources Act of 2017, the Sec8 retary shall issue regulations to carry out this 

9 paragraph.’’. 

10 (d) REPORT TO CONGRESS.—Not later than 3 years 

11 after the date of enactment of this Act and not less fre12 quently than once every 5 years thereafter, the Secretary 

13 of the Interior and the Secretary shall submit to Congress 

14 a report describing the progress made towards achieving 

15 the goals described in subsection (a). 

16 (e) REAUTHORIZATION OF THE ADVANCED GEO17 THERMAL ENERGY RESEARCH AND DEVELOPMENT ACT

18 OF 2007.—Section 623 of the Advanced Geothermal En19 ergy Research and Development Act of 2007 (42 U.S.C. 

20 17202) is amended by striking ‘‘2012’’ each place it ap21 pears and inserting ‘‘2022’’. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out subsections (a) 

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1 sections $5,000,000 for each of fiscal years 2018 through 

2 2022. 

3 SEC. 3012. GEOTHERMAL EXPLORATION TEST PROJECTS. 

4 The Geothermal Steam Act of 1970 (30 U.S.C. 1001 

5 et seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) COVERED LAND.—The term ‘covered land’ 

9 means land that is— 

10 ‘‘(A) subject to geothermal leasing in ac11 cordance with section 3; and 

12 ‘‘(B) not excluded from the development of 

13 geothermal energy under— 

14 ‘‘(i) a final land use plan established 

15 under the Federal Land Policy and Man16 agement Act of 1976 (43 U.S.C. 1701 et 

17 seq.); 

18 ‘‘(ii) a final land and resource man19 agement plan established under the Forest 

20 and Rangeland Renewable Resources Plan21 ning Act of 1974 (16 U.S.C. 1600 et seq.); 

22 or 

23 ‘‘(iii) any other applicable law. 

24 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec25 retary concerned’ means— 


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1 ‘‘(A) the Secretary of Agriculture (acting 

2 through the Chief of the Forest Service), with 

3 respect to National Forest System land; and 

4 ‘‘(B) the Secretary, with respect to land 

5 managed by the Bureau of Land Management 

6 (including land held for the benefit of an Indian 

7 tribe). 

8 ‘‘(b) NEPA REVIEW OF GEOTHERMAL EXPLORATION

9 TEST PROJECTS.— 

10 ‘‘(1) IN GENERAL.—An eligible activity de11 scribed in paragraph (2) carried out on covered land 

12 shall be considered an action categorically excluded 

13 from the requirements for an environmental assess14 ment or an environmental impact statement under 

15 the National Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.) or section 1508.4 of title 40, 

17 Code of Federal Regulations (or a successor regula18 tion), if— 

19 ‘‘(A) the action is for the purpose of geo20 thermal resource exploration operations; and 

21 ‘‘(B) the action is conducted pursuant to 

22 this Act. 

23 ‘‘(2) ELIGIBLE ACTIVITY.—An eligible activity 

24 referred to in paragraph (1) is— 


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1 ‘‘(A) a geophysical exploration activity that 

2 does not require drilling, including a seismic 

3 survey; 

4 ‘‘(B) the drilling of a well to test or ex5 plore for geothermal resources on land leased 

6 by the Secretary concerned for the development 

7 and production of geothermal resources that— 

8 ‘‘(i) is carried out by the holder of the 

9 lease; 

10 ‘‘(ii) causes— 

11 ‘‘(I) fewer than 5 acres of soil or 

12 vegetation disruption at the location 

13 of each geothermal exploration well; 

14 and 

15 ‘‘(II) not more than an additional 

16 5 acres of soil or vegetation disruption 

17 during access or egress to the project 

18 site; 

19 ‘‘(iii) is completed in fewer than 90 

20 days, including the removal of any surface 

21 infrastructure from the project site; and 

22 ‘‘(iv) requires the restoration of the 

23 project site not later than 3 years after the 

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1 proximately the condition that existed at 

2 the time the project began, unless— 

3 ‘‘(I) the project site is subse4 quently used as part of energy devel5 opment on the lease; or 

6 ‘‘(II) the project— 

7 ‘‘(aa) yields geothermal re8 sources; and 

9 ‘‘(bb) the use of the geo10 thermal resources will be carried 

11 out under another geothermal 

12 generation project in existence at 

13 the time of the discovery of the 

14 geothermal resources; or 

15 ‘‘(C) the drilling of a well to test or explore 

16 for geothermal resources on land leased by the 

17 Secretary concerned for the development and 

18 production of geothermal resources that— 

19 ‘‘(i) causes an individual surface dis20 turbance of fewer than 5 acres if— 

21 ‘‘(I) the total surface disturbance 

22 on the leased land is not more than 

23 150 acres; and 

24 ‘‘(II) a site-specific analysis has 

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1 vironmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.); 

3 ‘‘(ii) involves the drilling of a geo4 thermal well at a location or well pad site 

5 at which drilling has occurred within 5 

6 years before the date of spudding the well; 

7 or 

8 ‘‘(iii) involves the drilling of a geo9 thermal well in a developed field for 

10 which— 

11 ‘‘(I) an approved land use plan 

12 or any environmental document pre13 pared under the National Environ14 mental Policy Act of 1969 (42 U.S.C. 

15 4321 et seq.) analyzed the drilling as 

16 a reasonably foreseeable activity; and 

17 ‘‘(II) the land use plan or envi18 ronmental document was approved 

19 within 10 years before the date of 

20 spudding the well. 

21 ‘‘(3) LIMITATION BASED ON EXTRAORDINARY

22 CIRCUMSTANCES.—The categorical exclusion estab23 lished under paragraph (1) shall be subject to ex24 traordinary circumstances in accordance with the 


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1 Departmental Manual, 516 DM 2.3A(3) and 516 

2 DM 2, Appendix 2 (or successor provisions). 

3 ‘‘(c) NOTICE OF INTENT; REVIEW AND DETERMINA4 TION.— 

5 ‘‘(1) REQUIREMENT TO PROVIDE NOTICE.—Not 

6 later than 30 days before the date on which drilling 

7 begins, a leaseholder intending to carry out an eligi8 ble activity shall provide notice to the Secretary con9 cerned. 

10 ‘‘(2) REVIEW OF PROJECT.—Not later than 10 

11 days after receipt of a notice of intent provided 

12 under paragraph (1), the Secretary concerned 

13 shall— 

14 ‘‘(A) review the project described in the 

15 notice and determine whether the project is an 

16 eligible activity; and 

17 ‘‘(B)(i) if the project is an eligible activity, 

18 notify the leaseholder that under subsection (b), 

19 the project is considered a categorical exclusion 

20 under the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.) and section 

22 1508.4 of title 40, Code of Federal Regulations 

23 (or a successor regulation); or 

24 ‘‘(ii) if the project is not an eligible activ25 ity— 


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1 ‘‘(I) notify the leaseholder that section 

2 102(2)(C) of the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 

4 applies to the project; 

5 ‘‘(II) include in that notification clear 

6 and detailed findings on any deficiencies in 

7 the project that prevent the application of 

8 subsection (b) to the project; and 

9 ‘‘(III) provide an opportunity to the 

10 leaseholder to remedy the deficiencies de11 scribed in the notification before the date 

12 on which the leaseholder plans to begin the 

13 project under paragraph (1).’’. 

14 PART III—MARINE HYDROKINETIC 

15 SEC. 3021. DEFINITION OF MARINE AND HYDROKINETIC RE16 NEWABLE ENERGY. 

17 Section 632 of the Energy Independence and Security 

18 Act of 2007 (42 U.S.C. 17211) is amended in the matter 

19 preceding paragraph (1) by striking ‘‘electrical’’. 

20 SEC. 3022. MARINE AND HYDROKINETIC RENEWABLE EN21 ERGY RESEARCH AND DEVELOPMENT. 

22 Section 633 of the Energy Independence and Security 

23 Act of 2007 (42 U.S.C. 17212) is amended to read as 

24 follows: 


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1 ‘‘SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN2 ERGY RESEARCH AND DEVELOPMENT. 

3 ‘‘The Secretary, in consultation with the Secretary of 

4 the Interior, the Secretary of Commerce, and the Federal 

5 Energy Regulatory Commission, shall carry out a program 

6 of research, development, and demonstration to accelerate 

7 the introduction of marine and hydrokinetic renewable en8 ergy production into the United States energy supply, giv9 ing priority to technologies most likely to lead to commer10 cial utilization, while fostering accelerated research, devel11 opment, and demonstration of technology, including pro12 grams— 

13 ‘‘(1) to assist technology development to im14 prove the components, processes, and systems used 

15 for power generation from marine and hydrokinetic 

16 renewable energy resources; 

17 ‘‘(2) to establish critical testing infrastructure 

18 necessary— 

19 ‘‘(A) to cost effectively and efficiently test 

20 and prove marine and hydrokinetic renewable 

21 energy devices; and 

22 ‘‘(B) to accelerate the technological readi23 ness and commercialization of those devices; 

24 ‘‘(3) to support efforts to increase the efficiency 

25 of energy conversion, lower the cost, increase the 

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1 plicability of marine and hydrokinetic renewable en2 ergy technologies by participating in demonstration 

3 projects; 

4 ‘‘(4) to investigate variability issues and the ef5 ficient and reliable integration of marine and 

6 hydrokinetic renewable energy with the utility grid; 

7 ‘‘(5) to identify and study critical short- and 

8 long-term needs to create a sustainable marine and 

9 hydrokinetic renewable energy supply chain based in 

10 the United States; 

11 ‘‘(6) to increase the reliability and survivability 

12 of marine and hydrokinetic renewable energy tech13 nologies; 

14 ‘‘(7) to verify the performance, reliability, main15 tainability, and cost of new marine and hydrokinetic 

16 renewable energy device designs and system compo17 nents in an operating environment, and consider the 

18 protection of critical infrastructure, such as ade19 quate separation between marine and hydrokinetic 

20 devices and projects and submarine telecommuni21 cations cables, including consideration of established 

22 industry standards; 

23 ‘‘(8)(A) to coordinate the programs carried out 

24 under this section with, and avoid duplication of ac25 tivities across, programs of the Department and 


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1 other applicable Federal agencies, including National 

2 Laboratories; and 

3 ‘‘(B) to coordinate public-private collaboration 

4 in carrying out the programs under this section; 

5 ‘‘(9) to identify opportunities for joint research 

6 and development programs and the development of 

7 economies of scale between— 

8 ‘‘(A) marine and hydrokinetic renewable 

9 technologies; and 

10 ‘‘(B) other renewable energy and fossil en11 ergy programs, offshore oil and gas production 

12 activities, and activities of the Department of 

13 Defense; 

14 ‘‘(10) to identify, in conjunction with the Sec15 retary of Commerce, acting through the Under Sec16 retary of Commerce for Oceans and Atmosphere, 

17 and other Federal agencies as appropriate, the po18 tential environmental impacts, including potential 

19 impacts on fisheries and other marine resources, of 

20 marine and hydrokinetic renewable energy tech21 nologies, measures to prevent adverse impacts, and 

22 technologies and other means available for moni23 toring and determining environmental impacts; 

24 ‘‘(11) to identify, in conjunction with the Sec25 retary of the Department in which the United States 


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1 Coast Guard is operating, acting through the Com2 mandant of the United States Coast Guard, the po3 tential navigational impacts of marine and 

4 hydrokinetic renewable energy technologies and 

5 measures to prevent adverse impacts on navigation; 

6 and 

7 ‘‘(12) to support in-water technology develop8 ment with international partners using existing co9 operative procedures (including memoranda of un10 derstanding)— 

11 ‘‘(A) to allow cooperative funding and 

12 other support of value to be exchanged and le13 veraged; and 

14 ‘‘(B) to encourage international research 

15 centers and international companies to partici16 pate in the development of water technology in 

17 the United States and to encourage United 

18 States research centers and companies to par19 ticipate in water technology projects abroad.’’. 

20 SEC. 3023. NATIONAL MARINE RENEWABLE ENERGY RE21 SEARCH, DEVELOPMENT, AND DEMONSTRA22 TION CENTERS. 

23 Section 634 of the Energy Independence and Security 

24 Act of 2007 (42 U.S.C. 17213) is amended by striking 

25 subsection (b) and inserting the following: 


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1 ‘‘(b) PURPOSES.—The Centers (including each Cen2 ter that has been established as of the date of enactment 

3 of the Energy and Natural Resources Act of 2017) shall 

4 coordinate with the Department and the National Labora5 tories— 

6 ‘‘(1) to advance research, development, and 

7 demonstration of marine and hydrokinetic renewable 

8 energy technologies; 

9 ‘‘(2) to support in-water testing and demonstra10 tion of marine and hydrokinetic renewable energy 

11 technologies, including facilities capable of testing— 

12 ‘‘(A) marine and hydrokinetic renewable 

13 energy systems of various technology readiness 

14 levels and scales; 

15 ‘‘(B) a variety of technologies in multiple 

16 test berths at a single location; and 

17 ‘‘(C) arrays of technology devices; and 

18 ‘‘(3) to serve as information clearinghouses for 

19 the marine and hydrokinetic renewable energy indus20 try by collecting and disseminating information on 

21 best practices in all areas relating to developing and 

22 managing marine and hydrokinetic renewable energy 

23 resources and energy systems.’’. 


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1 SEC. 3024. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 636 of the Energy Independence and Security 

3 Act of 2007 (42 U.S.C. 17215) is amended by striking 

4 ‘‘$50,000,000 for each of the fiscal years 2008 through 

5 2012’’ and inserting ‘‘$55,000,000 for each of fiscal years 

6 2018 and 2019 and $60,000,000 for each of fiscal years 

7 2020 through 2022’’. 

8 PART IV—THERMAL ENERGY 

9 SEC. 3031. MODIFYING THE DEFINITION OF RENEWABLE 

10 ENERGY TO INCLUDE THERMAL ENERGY. 

11 (a) IN GENERAL.—Section 203 of the Energy Policy 

12 Act of 2005 (42 U.S.C. 15852) (as amended by section 

13 3001(a)(2)) is amended— 

14 (1) in subsection (a), by inserting ‘‘a number 

15 equivalent to’’ before ‘‘the total amount of electric 

16 energy’’; 

17 (2) in subsection (b)— 

18 (A) by redesignating paragraph (2) as 

19 paragraph (3); 

20 (B) by inserting after paragraph (1) the 

21 following: 

22 ‘‘(2) QUALIFIED WASTE HEAT RESOURCE.—The 

23 term ‘qualified waste heat resource’ means— 

24 ‘‘(A) exhaust heat or flared gas from any 

25 industrial process; 


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1 ‘‘(B) waste gas or industrial tail gas that 

2 would otherwise be flared, incinerated, or vent3 ed; 

4 ‘‘(C) a pressure drop in any gas for an in5 dustrial or commercial process; or 

6 ‘‘(D) such other forms of waste heat as the 

7 Secretary determines appropriate.’’; and 

8 (C) in paragraph (3) (as redesignated by 

9 subparagraph (A))— 

10 (i) by striking ‘‘produced from’’ and 

11 inserting ‘‘produced or, if resulting from a 

12 thermal energy project placed in service 

13 after December 31, 2014, thermal energy 

14 generated from, or avoided by,’’; and 

15 (ii) by inserting ‘‘qualified waste heat 

16 resource,’’ after ‘‘municipal solid waste,’’; 

17 and 

18 (3) in subsection (c)— 

19 (A) by redesignating paragraphs (1) 

20 through (3) as subparagraphs (A) through (C), 

21 respectively, and indenting appropriately; 

22 (B) in the matter preceding subparagraph 

23 (A) (as so redesignated), by striking ‘‘For pur24 poses’’ and inserting the following: 

25 ‘‘(1) IN GENERAL.—For purposes’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(2) SEPARATE CALCULATION.— 

3 ‘‘(A) IN GENERAL.—For purposes of deter4 mining compliance with the requirements of 

5 this section, any energy consumption that is 

6 avoided through the use of renewable energy 

7 shall be considered to be renewable energy pro8 duced. 

9 ‘‘(B) DENIAL OF DOUBLE BENEFIT.— 

10 Avoided energy consumption that is considered 

11 to be renewable energy produced under sub12 paragraph (A) shall not also be counted for 

13 purposes of achieving compliance with another 

14 Federal energy efficiency goal.’’. 

15 (b) CONFORMING AMENDMENT.—Section 2410q(a) 

16 of title 10, United States Code, is amended by striking 

17 ‘‘section 203(b)(2) of the Energy Policy Act of 2005 (42 

18 U.S.C. 15852(b)(2))’’ and inserting ‘‘section 203(b) of the 

19 Energy Policy Act of 2005 (42 U.S.C. 15852(b))’’. 

20 Subtitle B—Oil and Gas 

21 SEC. 3101. METHANE HYDRATE RESEARCH AND DEVELOP22 MENT. 

23 Section 7 of the Methane Hydrate Research and De24 velopment Act of 2000 (30 U.S.C. 2006) is amended to 

25 read as follows: 


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1 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There is authorized to be appropriated to carry out 

3 this Act $35,000,000 for each of fiscal years 2018 through 

4 2022.’’. 

5 SEC. 3102. LIQUEFIED NATURAL GAS STUDY. 

6 (a) STUDY.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this Act, the Secretary, in 

9 consultation with the National Association of Regu10 latory Utility Commissioners and the National Asso11 ciation of State Energy Officials, shall conduct a 

12 study of the State, regional, and national implica13 tions of exporting liquefied natural gas with respect 

14 to consumers and the economy. 

15 (2) CONTENTS.—The study conducted under 

16 paragraph (1) shall include an analysis of— 

17 (A) the economic impact that exporting liq18 uefied natural gas will have in regions that cur19 rently import liquefied natural gas; 

20 (B) job creation in the manufacturing sec21 tors; and 

22 (C) such other issues as the Secretary con23 siders appropriate. 

24 (b) REPORT TO CONGRESS.—Not later than 1 year 

25 after the date of enactment of this Act, the Secretary shall 


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1 submit to Congress a report on the results of the study 

2 conducted under subsection (a). 

3 SEC. 3103. FERC PROCESS COORDINATION. 

4 (a) IN GENERAL.—Section 15 of the Natural Gas Act 

5 (15 U.S.C. 717n) is amended— 

6 (1) in subsection (a), by redesignating para7 graphs (1) and (2) as subparagraphs (A) and (B), 

8 respectively, and indenting appropriately; 

9 (2) by striking the section designation and 

10 heading and all that follows through ‘‘ ‘Federal au11 thorization’—’’ and inserting the following: 

12 ‘‘SEC. 15. PROCESS COORDINATION; HEARINGS; RULES OF 

13 PROCEDURE. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ENVIRONMENTAL REVIEW.—The term ‘en16 vironmental review’ means the agency procedures 

17 and processes for applying a categorical exclusion or 

18 for preparing an environmental assessment, an envi19 ronmental impact statement, or other document re20 quired under the National Environmental Policy Act 

21 of 1969 (42 U.S.C. 4321 et seq.). 

22 ‘‘(2) FEDERAL AUTHORIZATION.—The term 

23 ‘Federal authorization’—’’; 

24 (3) in subsection (b), by striking paragraph (2) 

25 and inserting the following: 


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1 ‘‘(2) OTHER AGENCIES.— 

2 ‘‘(A) IN GENERAL.—Each Federal agency 

3 and State agency considering an aspect of an 

4 application for Federal authorization shall co5 operate with the Commission and comply with 

6 the deadlines established by the Commission. 

7 ‘‘(B) IDENTIFICATION.—The Commission 

8 shall identify, as early as practicable after it is 

9 notified by a prospective applicant of a potential 

10 project requiring Commission authorization, 

11 any Federal or State agency, local government, 

12 or Indian tribe that may consider an aspect of 

13 an application for that Federal authorization. 

14 ‘‘(C) NOTIFICATION.— 

15 ‘‘(i) IN GENERAL.—The Commission 

16 shall notify any agency identified under 

17 subparagraph (B) of the opportunity to co18 operate or participate in the review proc19 ess. 

20 ‘‘(ii) DEADLINE.—A notification 

21 issued under clause (i) shall establish a 

22 deadline by which a response to the notifi23 cation shall be submitted, which may be 

24 extended by the Commission for good 

25 cause.’’; 


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1 (4) in subsection (c)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘and’’ at the end of 

4 subparagraph (A); 

5 (ii) by redesignating subparagraph 

6 (B) as subparagraph (C); and 

7 (iii) by inserting after subparagraph 

8 (A) the following: 

9 ‘‘(B) set schedules for all such Federal au10 thorizations; and’’; 

11 (B) by striking paragraph (2); and 

12 (C) by adding at the end the following: 

13 ‘‘(2) DEADLINE FOR FEDERAL AUTHORIZA14 TIONS.—Unless a schedule is otherwise established 

15 by Federal law, a final decision on a Federal author16 ization shall be due not later than 90 days after the 

17 agency has determined that an application is cat18 egorically excluded under the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

20 or the notice of availability of the final environ21 mental impact statement or finding of no significant 

22 impact is made available to the affected public. 

23 ‘‘(3) DEFERENCE TO COMMISSION.—In making 

24 a decision with respect to a Federal authorization, 

25 each agency shall give deference, to the maximum 


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1 extent authorized by law, to the scope of environ2 mental review that the Commission determines to be 

3 appropriate. 

4 ‘‘(4) CONCURRENT REVIEWS.—Pursuant to the 

5 schedule established under paragraph (1), each 

6 agency considering an aspect of an application for 

7 Federal authorization shall— 

8 ‘‘(A) to the maximum extent authorized by 

9 law, carry out the obligations of that agency 

10 under applicable law concurrently and in con11 junction with the environmental review, unless 

12 doing so would impair the ability of the agency 

13 to conduct needed analysis or otherwise carry 

14 out those obligations; 

15 ‘‘(B) formulate and implement administra16 tive, policy, and procedural mechanisms to en17 able the agency to complete the required Fed18 eral authorizations in accordance with the 

19 schedule described in paragraph (1); and 

20 ‘‘(C) transmit to the Commission a state21 ment— 

22 ‘‘(i) acknowledging receipt of the 

23 schedule described in paragraph (1); and 

24 ‘‘(ii) describing the plan formulated 

25 under subparagraph (B). 


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1 ‘‘(5) ISSUE IDENTIFICATION.— 

2 ‘‘(A) Federal and State agencies that may 

3 consider an aspect of an application for Federal 

4 authorization shall identify, as early as possible, 

5 any issues of concern that may delay or prevent 

6 an agency from working with the Commission 

7 to resolve such issues and granting or denying 

8 such authorization. 

9 ‘‘(B) The Commission may forward any 

10 issue of concern identified under subparagraph 

11 (A) to the heads of the relevant agencies (in12 cluding, in the case of a failure by the State 

13 agency, the Federal agency overseeing the dele14 gated authority) for resolution. 

15 ‘‘(6) FAILURE TO MEET SCHEDULE.—If a Fed16 eral or State agency does not complete a proceeding 

17 required for a Federal authorization in accordance 

18 with the schedule established by the Commission 

19 under paragraph (1)— 

20 ‘‘(A) the applicant may pursue remedies 

21 under section 19(d); and 

22 ‘‘(B) the head of the relevant Federal 

23 agency (including, in the case of a failure by a 

24 State agency, the Federal agency overseeing the 

25 delegated authority) shall notify Congress and 


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1 the Commission of such failure and set forth a 

2 recommended implementation plan to ensure 

3 completion of the proceeding.’’; 

4 (5) by redesignating subsections (d) through (f) 

5 as subsections (f) through (h), respectively; and 

6 (6) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) GEOMATIC DATA.— 

9 ‘‘(1) IN GENERAL.—If a Federal or State de10 partment or agency considering an aspect of an ap11 plication for Federal authorization requires the ap12 plicant to submit environmental data, the depart13 ment or agency shall consider any such data sub14 mitted by the applicant which was gathered by 

15 geomatic techniques, including tools and techniques 

16 used in land surveying, remote sensing, cartography, 

17 geographic information systems, global navigation 

18 satellite systems, photogrammetry, geophysics, geog19 raphy, or other remote means. The applicable agency 

20 may grant conditional approval for Federal author21 ization, conditioned on the verification of such data 

22 by subsequent onsite inspection. 

23 ‘‘(2) APPLICABLE LAW.—Any geomatic data 

24 submitted as part of a Federal authorization shall 


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1 have been gathered in compliance with all applicable 

2 laws (including regulations). 

3 ‘‘(e) ACCOUNTABILITY; TRANSPARENCY; EFFI4 CIENCY.— 

5 ‘‘(1) IN GENERAL.—For applications requiring 

6 multiple Federal authorizations, the Commission, in 

7 consultation with any agency considering an aspect 

8 of the application, shall track and make available to 

9 the public on the website of the Commission infor10 mation relating to the actions required to complete 

11 permitting, reviews, and other requirements. 

12 ‘‘(2) INCLUSIONS.—Information tracked under 

13 paragraph (1) shall include the following: 

14 ‘‘(A) The schedule described in subsection 

15 (c). 

16 ‘‘(B) A list of all the actions required by 

17 each applicable agency to complete permitting, 

18 reviews, and other requirements necessary to 

19 obtain a final decision on the Federal author20 ization. 

21 ‘‘(C) The expected completion date for 

22 each action listed under subparagraph (B). 

23 ‘‘(D) A point of contact at the agency ac24 countable for each action listed under subpara25 graph (B). 


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1 ‘‘(E) In the event that an action is still 

2 pending as of the expected date of completion, 

3 a brief explanation of the reason for the 

4 delay.’’. 

5 (b) EFFECT.—Nothing in this section or the amend6 ments made by this section prohibits the participation of 

7 an applicant in any other expedited permitting program. 

8 SEC. 3104. DEPARTMENT OF THE INTERIOR PILOT PRO9 GRAM. 

10 (a) ESTABLISHMENT.—The Secretary of the Interior, 

11 acting through the Director of the Bureau of Land Man12 agement (referred to in this section as the ‘‘Director’’), 

13 shall establish a pilot program in 1 State with at least 

14 2,000 oil and gas drilling spacing units (as defined under 

15 State law), in which— 

16 (1) 25 percent or less of the minerals are owned 

17 or held in trust by the Federal Government; and 

18 (2) there is no surface land owned or held in 

19 trust by the Federal Government. 

20 (b) ACTIVITIES.—In carrying out the pilot program, 

21 the Director shall identify and implement ways to stream22 line the review and approval of Applications for Permits 

23 to Drill for oil and gas drilling spacing units of the State 

24 in order to achieve a processing time for those oil and gas 

25 drilling spacing units similar to that of spacing units that 


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1 require an Application for Permit to Drill and are not part 

2 of the pilot program in the same State. 

3 (c) FUNDING.—Beginning in fiscal year 2018, and 

4 for a period of 3 years thereafter, to carry out the pilot 

5 program efficiently, the Director may fund up to 10 full6 time equivalents at appropriate field offices. 

7 (d) REPORT.—Not later than 4 years after the date 

8 of enactment of this Act, the Director shall submit to Con9 gress a report on the results of the pilot program. 

10 (e) WAIVER.—The Secretary of the Interior may 

11 waive the requirement for an Application for Permit to 

12 Drill if the Director determines that the mineral interest 

13 of the United States in the spacing units in land covered 

14 by this section is adequately protected, if otherwise in ac15 cordance with applicable laws, regulations, and lease 

16 terms. 

17 SEC. 3105. GAO REVIEW AND REPORT. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of enactment of this Act, and annually thereafter for 

20 2 years, the Comptroller General of the United States 

21 shall conduct a review of— 

22 (1) energy production in the United States; and 

23 (2) the effects, if any, of crude oil exports from 

24 the United States on consumers, independent refin25 ers, and shipbuilding and ship repair yards. 


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1 (b) CONTENTS OF REPORT.—Not later than 1 year 

2 after commencing each review under subsection (a), the 

3 Comptroller General of the United States shall submit to 

4 the Committees on Energy and Natural Resources, Bank5 ing, Housing, and Urban Affairs, Commerce, Science, and 

6 Transportation, and Foreign Relations of the Senate and 

7 the Committees on Natural Resources, Energy and Com8 merce, Financial Services, and Foreign Affairs of the 

9 House of Representatives a report that includes— 

10 (1) a statement of the principal findings of the 

11 review; and 

12 (2) recommendations for Congress and the 

13 President to address any job loss in the shipbuilding 

14 and ship repair industry or adverse impacts on con15 sumers and refiners that the Comptroller General of 

16 the United States attributes to unencumbered crude 

17 oil exports in the United States. 

18 SEC. 3106. ETHANE STORAGE STUDY. 

19 (a) IN GENERAL.—The Secretary and the Secretary 

20 of Commerce, in consultation with other relevant Federal 

21 departments and agencies and stakeholders, shall conduct 

22 a study of the feasibility of establishing an ethane storage 

23 and distribution hub in the Marcellus, Utica, and 

24 Rogersville shale plays in the United States. 


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1 (b) CONTENTS.—The study conducted under sub2 section (a) shall include— 

3 (1) an examination of, with respect to the pro4 posed ethane storage and distribution hub— 

5 (A) potential locations; 

6 (B) economic feasibility; 

7 (C) economic benefits; 

8 (D) geological storage capacity capabilities; 

9 (E) above-ground storage capabilities; 

10 (F) infrastructure needs; and 

11 (G) other markets and trading hubs, par12 ticularly hubs relating to ethane; and 

13 (2) the identification of potential additional 

14 benefits of the proposed hub to energy security. 

15 (c) PUBLICATION OF RESULTS.—Not later than 2 

16 years after the date of enactment of this Act, the Sec17 retary and the Secretary of Commerce shall— 

18 (1) submit to the Committee on Energy and 

19 Commerce of the House of Representatives and the 

20 Committees on Energy and Natural Resources and 

21 Commerce, Science, and Transportation of the Sen22 ate a report describing the results of the study 

23 under subsection (a); and 


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1 (2) publish those results on the Internet 

2 websites of the Departments of Energy and Com3 merce, respectively. 

4 SEC. 3107. REPORT ON INCORPORATING INTERNET-BASED 

5 LEASE SALES. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Secretary of the Interior shall submit to 

8 Congress a report containing recommendations for the in9 corporation of Internet-based lease sales at the Bureau of 

10 Land Management in accordance with section 17(b)(1)(C) 

11 of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(C)) in 

12 the event of an emergency or other disruption causing a 

13 disruption to a sale. 

14 Subtitle C—Helium 

15 SEC. 3201. RIGHTS TO HELIUM. 

16 (a) DEFINITION OF HELIUM-RELATED PROJECT.— 

17 The term ‘‘helium-related project’’ means a project— 

18 (1) to explore or produce crude helium; and 

19 (2) to sell crude or refined helium. 

20 (b) EXPEDITED COMPLETION.—Notwithstanding any 

21 other provision of law, applicable environmental reviews 

22 under the National Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.) for helium-related projects shall be 

24 completed on an expeditious basis and the shortest existVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ing applicable process under that Act shall be used for 

2 such projects. 

3 (c) REPEAL OF RESERVATION OF HELIUM

4 RIGHTS.—The first section of the Mineral Leasing Act 

5 (30 U.S.C. 181) is amended by striking the flush text that 

6 follows the last undesignated subsection. 

7 (d) RIGHTS TO HELIUM UNDER LEASES UNDER

8 MINERAL LEASING ACT FOR ACQUIRED LANDS.—The 

9 Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 

10 et seq.) is amended by adding at the end the following: 

11 ‘‘SEC. 12. RIGHTS TO HELIUM. 

12 ‘‘Any lease issued under this Act that authorizes ex13 ploration for, or development or production of, gas shall 

14 be considered to grant to the lessee a right of first refusal 

15 to engage in exploration for, and development and produc16 tion of, helium on land that is subject to the lease in ac17 cordance with regulations issued by the Secretary.’’. 

18 Subtitle D—Critical Minerals 

19 SEC. 3301. DEFINITIONS. 

20 In this subtitle: 

21 (1) CRITICAL MINERAL.— 

22 (A) IN GENERAL.—The term ‘‘critical min23 eral’’ means any mineral, element, substance, or 

24 material designated as critical pursuant to sec25 tion 3303. 


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1 (B) EXCLUSIONS.—The term ‘‘critical 

2 mineral’’ does not include— 

3 (i) fuel minerals, including oil, natural 

4 gas, or any other fossil fuels; or 

5 (ii) water, ice, or snow. 

6 (2) CRITICAL MINERAL MANUFACTURING.—The 

7 term ‘‘critical mineral manufacturing’’ means— 

8 (A) the exploration, development, mining, 

9 production, processing, refining, alloying, sepa10 ration, concentration, magnetic sintering, melt11 ing, or beneficiation of critical minerals within 

12 the United States; 

13 (B) the fabrication, assembly, or produc14 tion, within the United States, of equipment, 

15 components, or other goods with energy tech16 nology-, defense-, agriculture-, consumer elec17 tronics-, or health care-related applications; or 

18 (C) any other value-added, manufacturing19 related use of critical minerals undertaken with20 in the United States. 

21 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

22 has the meaning given the term in section 4 of the 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 5304). 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (5) STATE.—The term ‘‘State’’ means— 

4 (A) a State; 

5 (B) the District of Columbia; 

6 (C) the Commonwealth of Puerto Rico; 

7 (D) Guam; 

8 (E) American Samoa; 

9 (F) the Commonwealth of the Northern 

10 Mariana Islands; and 

11 (G) the United States Virgin Islands. 

12 SEC. 3302. POLICY. 

13 (a) IN GENERAL.—Section 3 of the National Mate14 rials and Minerals Policy, Research and Development Act 

15 of 1980 (30 U.S.C. 1602) is amended in the second sen16 tence— 

17 (1) by striking paragraph (3) and inserting the 

18 following: 

19 ‘‘(3) establish an analytical and forecasting ca20 pability for identifying critical mineral demand, sup21 ply, and other factors to allow informed actions to 

22 be taken to avoid supply shortages, mitigate price 

23 volatility, and prepare for demand growth and other 

24 market shifts;’’; 


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1 (2) in paragraph (6), by striking ‘‘and’’ after 

2 the semicolon at the end; and 

3 (3) by striking paragraph (7) and inserting the 

4 following: 

5 ‘‘(7) facilitate the availability, development, and 

6 environmentally responsible production of domestic 

7 resources to meet national material or critical min8 eral needs; 

9 ‘‘(8) avoid duplication of effort, prevent unnec10 essary paperwork, and minimize delays in the ad11 ministration of applicable laws (including regula12 tions) and the issuance of permits and authoriza13 tions necessary to explore for, develop, and produce 

14 critical minerals and to construct critical mineral 

15 manufacturing facilities in accordance with applica16 ble environmental and land management laws; 

17 ‘‘(9) strengthen— 

18 ‘‘(A) educational and research capabilities 

19 at not lower than the secondary school level; 

20 and 

21 ‘‘(B) workforce training for exploration 

22 and development of critical minerals and critical 

23 mineral manufacturing; 


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1 ‘‘(10) bolster international cooperation through 

2 technology transfer, information sharing, and other 

3 means; 

4 ‘‘(11) promote the efficient production, use, and 

5 recycling of critical minerals; 

6 ‘‘(12) develop alternatives to critical minerals; 

7 and 

8 ‘‘(13) establish contingencies for the production 

9 of, or access to, critical minerals for which viable 

10 sources do not exist within the United States.’’. 

11 (b) CONFORMING AMENDMENT.—Section 2(b) of the 

12 National Materials and Minerals Policy, Research and De13 velopment Act of 1980 (30 U.S.C. 1601(b)) is amended 

14 by striking ‘‘(b) As used in this Act, the term’’ and insert15 ing the following: 

16 ‘‘(b) DEFINITIONS.—In this Act: 

17 ‘‘(1) CRITICAL MINERAL.—The term ‘critical 

18 mineral’ means any mineral or element designated 

19 as a critical mineral pursuant to section 3303 of the 

20 Energy and Natural Resources Act of 2017. 

21 ‘‘(2) MATERIALS.—The term’’. 

22 SEC. 3303. CRITICAL MINERAL DESIGNATIONS. 

23 (a) DRAFT METHODOLOGY.—Not later than 90 days 

24 after the date of enactment of this Act, the Secretary (act25 ing through the Director of the United States Geological 


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1 Survey) (referred to in this section as the ‘‘Secretary’’), 

2 in consultation with relevant Federal agencies and enti3 ties, shall publish in the Federal Register for public com4 ment a draft methodology for determining which minerals 

5 qualify as critical minerals based on an assessment of 

6 whether the minerals are— 

7 (1) subject to potential supply restrictions (in8 cluding restrictions associated with foreign political 

9 risk, abrupt demand growth, military conflict, violent 

10 unrest, anti-competitive or protectionist behaviors, 

11 and other risks throughout the supply chain); and 

12 (2) important in use (including energy tech13 nology-, defense-, currency-, agriculture-, consumer 

14 electronics-, and health care-related applications). 

15 (b) AVAILABILITY OF DATA.—If available data is in16 sufficient to provide a quantitative basis for the method17 ology developed under this section, qualitative evidence 

18 may be used to the extent necessary. 

19 (c) FINAL METHODOLOGY.—After reviewing public 

20 comments on the draft methodology under subsection (a) 

21 and updating the draft methodology as appropriate, not 

22 later than 270 days after the date of enactment of this 

23 Act, the Secretary shall publish in the Federal Register 

24 a description of the final methodology for determining 

25 which minerals qualify as critical minerals. 


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1 (d) DESIGNATIONS.— 

2 (1) IN GENERAL.—For purposes of carrying out 

3 this subtitle, the Secretary shall maintain a list of 

4 minerals and elements designated as critical, pursu5 ant to the methodology under subsection (c). 

6 (2) INITIAL LIST.—Subject to paragraph (1), 

7 not later than 1 year after the date of enactment of 

8 this Act, the Secretary shall publish in the Federal 

9 Register an initial list of minerals designated as crit10 ical pursuant to the final methodology under sub11 section (c) for the purpose of carrying out this sub12 title. 

13 (3) INCLUSIONS.—Notwithstanding the criteria 

14 under subsection (c), the Secretary may designate 

15 and include on the list any mineral or element deter16 mined by another Federal agency to be strategic and 

17 critical to the defense or national security of the 

18 United States. 

19 (e) SUBSEQUENT REVIEW.— 

20 (1) IN GENERAL.—The Secretary shall review 

21 the methodology and designations under subsections 

22 (c) and (d) at least every 3 years, or more frequently 

23 as the Secretary considers to be appropriate. 

24 (2) REVISIONS.—Subject to subsection (d)(1), 

25 the Secretary may— 


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1 (A) revise the methodology described in 

2 this section; 

3 (B) determine that minerals or elements 

4 previously determined to be critical minerals are 

5 no longer critical minerals; and 

6 (C) designate additional minerals or ele7 ments as critical minerals. 

8 (f) NOTICE.—On finalization of the methodology 

9 under subsection (c), the list under subsection (d), or any 

10 revision to the methodology or list under subsection (e), 

11 the Secretary shall submit to Congress written notice of 

12 the action. 

13 SEC. 3304. RESOURCE ASSESSMENT. 

14 (a) IN GENERAL.—Not later than 4 years after the 

15 date of enactment of this Act, in consultation with applica16 ble State (including geological surveys), local, academic, 

17 industry, and other entities, the Secretary shall complete 

18 a comprehensive national assessment of each critical min19 eral that— 

20 (1) identifies and quantifies known critical min21 eral resources, using all available public and private 

22 information and datasets, including exploration his23 tories; and 

24 (2) provides a quantitative and qualitative as25 sessment of undiscovered critical mineral resources 


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1 throughout the United States, including probability 

2 estimates of tonnage and grade, using all available 

3 public and private information and datasets, includ4 ing exploration histories. 

5 (b) SUPPLEMENTARY INFORMATION.—In carrying 

6 out this section, the Secretary may carry out surveys and 

7 field work (including drilling, remote sensing, geophysical 

8 surveys, geological mapping, and geochemical sampling 

9 and analysis) to supplement existing information and 

10 datasets available for determining the existence of critical 

11 minerals in the United States. 

12 (c) TECHNICAL ASSISTANCE.—At the request of the 

13 Governor of a State or the head of an Indian tribe, the 

14 Secretary may provide technical assistance to State gov15 ernments and Indian tribes conducting critical mineral re16 source assessments on non-Federal land. 

17 (d) PRIORITIZATION.— 

18 (1) IN GENERAL.—The Secretary may sequence 

19 the completion of resource assessments for each crit20 ical mineral such that critical minerals considered to 

21 be most critical under the methodology established 

22 under section 3303 are completed first. 

23 (2) REPORTING.—During the period beginning 

24 not later than 1 year after the date of enactment of 

25 this Act and ending on the date of completion of all 


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1 of the assessments required under this section, the 

2 Secretary shall submit to Congress on an annual 

3 basis an interim report that— 

4 (A) identifies the sequence and schedule 

5 for completion of the assessments if the Sec6 retary sequences the assessments; or 

7 (B) describes the progress of the assess8 ments if the Secretary does not sequence the 

9 assessments. 

10 (e) UPDATES.—The Secretary may periodically up11 date the assessments conducted under this section based 

12 on— 

13 (1) the generation of new information or 

14 datasets by the Federal Government; or 

15 (2) the receipt of new information or datasets 

16 from critical mineral producers, State geological sur17 veys, academic institutions, trade associations, or 

18 other persons. 

19 (f) ADDITIONAL SURVEYS.—The Secretary shall com20 plete a resource assessment for each additional mineral 

21 or element subsequently designated as a critical mineral 

22 under section 3303(e)(2) not later than 2 years after the 

23 designation of the mineral or element. 

24 (g) REPORT.—Not later than 2 years after the date 

25 of enactment of this Act, the Secretary shall submit to 


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1 Congress a report describing the status of geological sur2 veying of Federal land for any mineral commodity— 

3 (1) for which the United States was dependent 

4 on a foreign country for more than 25 percent of the 

5 United States supply, as depicted in the report 

6 issued by the United States Geological Survey enti7 tled ‘‘Mineral Commodity Summaries 2017’’; but 

8 (2) that is not designated as a critical mineral 

9 under section 3303. 

10 SEC. 3305. PERMITTING. 

11 (a) PERFORMANCE IMPROVEMENTS.—To improve 

12 the quality and timeliness of decisions, the Secretary (act13 ing through the Director of the Bureau of Land Manage14 ment) and the Secretary of Agriculture (acting through 

15 the Chief of the Forest Service) (referred to in this section 

16 as the ‘‘Secretaries’’) shall, to the maximum extent prac17 ticable, with respect to critical mineral production on Fed18 eral land, complete Federal permitting and review proc19 esses with maximum efficiency and effectiveness, while 

20 supporting vital economic growth, by— 

21 (1) establishing and adhering to timelines and 

22 schedules for the consideration of, and final deci23 sions regarding, applications, operating plans, leases, 

24 licenses, permits, and other use authorizations for 

25 mineral-related activities on Federal land; 


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1 (2) establishing clear, quantifiable, and tem2 poral permitting performance goals and tracking 

3 progress against those goals; 

4 (3) engaging in early collaboration among agen5 cies, project sponsors, and affected stakeholders— 

6 (A) to incorporate and address the inter7 ests of those parties; and 

8 (B) to minimize delays; 

9 (4) ensuring transparency and accountability by 

10 using cost-effective information technology to collect 

11 and disseminate information regarding individual 

12 projects and agency performance; 

13 (5) engaging in early and active consultation 

14 with State, local, and Indian tribal governments to 

15 avoid conflicts or duplication of effort, resolve con16 cerns, and allow for concurrent, rather than sequen17 tial, reviews; 

18 (6) providing demonstrable improvements in the 

19 performance of Federal permitting and review proc20 esses, including lower costs and more timely deci21 sions; 

22 (7) expanding and institutionalizing permitting 

23 and review process improvements that have proven 

24 effective; 


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1 (8) developing mechanisms to better commu2 nicate priorities and resolve disputes among agencies 

3 at the national, regional, State, and local levels; and 

4 (9) developing other practices, such as 

5 preapplication procedures. 

6 (b) REVIEW AND REPORT.—Not later than 1 year 

7 after the date of enactment of this Act, the Secretaries 

8 shall submit to Congress a report that— 

9 (1) identifies additional measures (including 

10 regulatory and legislative proposals, as appropriate) 

11 that would increase the timeliness of permitting ac12 tivities for the exploration and development of do13 mestic critical minerals; 

14 (2) identifies options (including cost recovery 

15 paid by permit applicants) for ensuring adequate 

16 staffing and training of Federal entities and per17 sonnel responsible for the consideration of applica18 tions, operating plans, leases, licenses, permits, and 

19 other use authorizations for critical mineral-related 

20 activities on Federal land; 

21 (3) quantifies the amount of time typically re22 quired (including range derived from minimum and 

23 maximum durations, mean, median, variance, and 

24 other statistical measures or representations) to 

25 complete each step (including those aspects outside 


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1 the control of the executive branch, such as judicial 

2 review, applicant decisions, or State and local gov3 ernment involvement) associated with the develop4 ment and processing of applications, operating 

5 plans, leases, licenses, permits, and other use au6 thorizations for critical mineral-related activities on 

7 Federal land, which shall serve as a baseline for the 

8 performance metric under subsection (c); and 

9 (4) describes actions carried out pursuant to 

10 subsection (a). 

11 (c) PERFORMANCE METRIC.—Not later than 90 days 

12 after the date of submission of the report under subsection 

13 (b), the Secretaries, after providing public notice and an 

14 opportunity to comment, shall develop and publish a per15 formance metric for evaluating the progress made by the 

16 executive branch to expedite the permitting of activities 

17 that will increase exploration for, and development of, do18 mestic critical minerals, while maintaining environmental 

19 standards. 

20 (d) ANNUAL REPORTS.—Beginning with the first 

21 budget submission by the President under section 1105 

22 of title 31, United States Code, after publication of the 

23 performance metric required under subsection (c), and an24 nually thereafter, the Secretaries shall submit to Congress 

25 a report that— 


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1 (1) summarizes the implementation of rec2 ommendations, measures, and options identified in 

3 paragraphs (1) and (2) of subsection (b); 

4 (2) using the performance metric under sub5 section (c), describes progress made by the executive 

6 branch, as compared to the baseline established pur7 suant to subsection (b)(3), on expediting the permit8 ting of activities that will increase exploration for, 

9 and development of, domestic critical minerals; and 

10 (3) compares the United States to other coun11 tries in terms of permitting efficiency and any other 

12 criteria relevant to the globally competitive critical 

13 minerals industry. 

14 (e) INDIVIDUAL PROJECTS.—Using data from the 

15 Secretaries generated under subsection (d), the Director 

16 of the Office of Management and Budget shall prioritize 

17 inclusion of individual critical mineral projects on the 

18 website operated by the Office of Management and Budget 

19 in accordance with section 1122 of title 31, United States 

20 Code. 

21 (f) REPORT OF SMALL BUSINESS ADMINISTRA22 TION.—Not later than 1 year and 300 days after the date 

23 of enactment of this Act, the Administrator of the Small 

24 Business Administration shall submit to the applicable 


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1 committees of Congress a report that assesses the per2 formance of Federal agencies with respect to— 

3 (1) complying with chapter 6 of title 5, United 

4 States Code (commonly known as the ‘‘Regulatory 

5 Flexibility Act’’), in promulgating regulations appli6 cable to the critical minerals industry; and 

7 (2) performing an analysis of regulations appli8 cable to the critical minerals industry that may be 

9 outmoded, inefficient, duplicative, or excessively bur10 densome. 

11 (g) APPLICATION.—Section 41001(6)(A) of the 

12 FAST Act (42 U.S.C. 4370m(6)(A)) is amended in the 

13 matter preceding clause (i) by inserting ‘‘(including crit14 ical mineral manufacturing (as defined in section 3301 of 

15 the Energy and Natural Resources Act of 2017))’’ after 

16 ‘‘manufacturing’’. 

17 SEC. 3306. FEDERAL REGISTER PROCESS. 

18 (a) DEPARTMENTAL REVIEW.—Absent any extraor19 dinary circumstance, and except as otherwise required by 

20 law, the Secretary and the Secretary of Agriculture shall 

21 ensure that each Federal Register notice described in sub22 section (b) shall be— 

23 (1) subject to any required reviews within the 

24 Department of the Interior or the Department of 

25 Agriculture; and 


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1 (2) published in final form in the Federal Reg2 ister not later than 45 days after the date of initial 

3 preparation of the notice. 

4 (b) PREPARATION.—The preparation of Federal Reg5 ister notices required by law associated with the issuance 

6 of a critical mineral exploration or mine permit shall be 

7 delegated to the organizational level within the agency re8 sponsible for issuing the critical mineral exploration or 

9 mine permit. 

10 (c) TRANSMISSION.—All Federal Register notices re11 garding official document availability, announcements of 

12 meetings, or notices of intent to undertake an action shall 

13 be originated in, and transmitted to the Federal Register 

14 from, the office in which, as applicable— 

15 (1) the documents or meetings are held; or 

16 (2) the activity is initiated. 

17 SEC. 3307. RECYCLING, EFFICIENCY, AND ALTERNATIVES. 

18 (a) ESTABLISHMENT.—The Secretary of Energy (re19 ferred to in this section as the ‘‘Secretary’’) shall conduct 

20 a program of research and development— 

21 (1) to promote the efficient production, use, 

22 and recycling of critical minerals throughout the 

23 supply chain; and 


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1 (2) to develop alternatives to critical minerals 

2 that do not occur in significant abundance in the 

3 United States. 

4 (b) COOPERATION.—In carrying out the program, the 

5 Secretary shall cooperate with appropriate— 

6 (1) Federal agencies and National Laboratories; 

7 (2) critical mineral producers; 

8 (3) critical mineral processors; 

9 (4) critical mineral manufacturers; 

10 (5) trade associations; 

11 (6) academic institutions; 

12 (7) small businesses; and 

13 (8) other relevant entities or individuals. 

14 (c) ACTIVITIES.—Under the program, the Secretary 

15 shall carry out activities that include the identification and 

16 development of— 

17 (1) advanced critical mineral extraction, pro18 duction, separation, alloying, or processing tech19 nologies that decrease the energy consumption, envi20 ronmental impact, and costs of those activities, in21 cluding— 

22 (A) efficient water and wastewater man23 agement strategies; 


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1 (B) technologies and management strate2 gies to control the environmental impacts of 

3 radionuclides in ore tailings; and 

4 (C) technologies for separation and proc5 essing; 

6 (2) technologies or process improvements that 

7 minimize the use, or lead to more efficient use, of 

8 critical minerals across the full supply chain; 

9 (3) technologies, process improvements, or de10 sign optimizations that facilitate the recycling of 

11 critical minerals, and options for improving the rates 

12 of collection of products and scrap containing critical 

13 minerals from post-consumer, industrial, or other 

14 waste streams; 

15 (4) commercial markets, advanced storage 

16 methods, energy applications, and other beneficial 

17 uses of critical minerals processing byproducts; 

18 (5) alternative minerals, metals, and materials, 

19 particularly those available in abundance within the 

20 United States and not subject to potential supply re21 strictions, that lessen the need for critical minerals; 

22 and 

23 (6) alternative energy technologies or alter24 native designs of existing energy technologies, par25 ticularly those that use minerals that— 


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1 (A) occur in abundance in the United 

2 States; and 

3 (B) are not subject to potential supply re4 strictions. 

5 (d) REPORTS.—Not later than 2 years after the date 

6 of enactment of this Act, and annually thereafter, the Sec7 retary shall submit to Congress a report summarizing the 

8 activities, findings, and progress of the program. 

9 SEC. 3308. ANALYSIS AND FORECASTING. 

10 (a) CAPABILITIES.—In order to evaluate existing crit11 ical mineral policies and inform future actions that may 

12 be taken to avoid supply shortages, mitigate price vola13 tility, and prepare for demand growth and other market 

14 shifts, the Secretary, in consultation with the Energy In15 formation Administration, academic institutions, and oth16 ers in order to maximize the application of existing com17 petencies related to developing and maintaining computer18 models and similar analytical tools, shall conduct and pub19 lish the results of an annual report that includes— 

20 (1) as part of the annually published Mineral 

21 Commodity Summaries from the United States Geo22 logical Survey, a comprehensive review of critical 

23 mineral production, consumption, and recycling pat24 terns, including— 


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1 (A) the quantity of each critical mineral 

2 domestically produced during the preceding 

3 year; 

4 (B) the quantity of each critical mineral 

5 domestically consumed during the preceding 

6 year; 

7 (C) market price data or other price data 

8 for each critical mineral; 

9 (D) an assessment of— 

10 (i) critical mineral requirements to 

11 meet the national security, energy, eco12 nomic, industrial, technological, and other 

13 needs of the United States during the pre14 ceding year; 

15 (ii) the reliance of the United States 

16 on foreign sources to meet those needs 

17 during the preceding year; and 

18 (iii) the implications of any supply 

19 shortages, restrictions, or disruptions dur20 ing the preceding year; 

21 (E) the quantity of each critical mineral 

22 domestically recycled during the preceding year; 

23 (F) the market penetration during the pre24 ceding year of alternatives to each critical min25 eral; 


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1 (G) a discussion of international trends as2 sociated with the discovery, production, con3 sumption, use, costs of production, prices, and 

4 recycling of each critical mineral as well as the 

5 development of alternatives to critical minerals; 

6 and 

7 (H) such other data, analyses, and evalua8 tions as the Secretary finds are necessary to 

9 achieve the purposes of this section; and 

10 (2) a comprehensive forecast, entitled the ‘‘An11 nual Critical Minerals Outlook’’, of projected critical 

12 mineral production, consumption, and recycling pat13 terns, including— 

14 (A) the quantity of each critical mineral 

15 projected to be domestically produced over the 

16 subsequent 1-year, 5-year, and 10-year periods; 

17 (B) the quantity of each critical mineral 

18 projected to be domestically consumed over the 

19 subsequent 1-year, 5-year, and 10-year periods; 

20 (C) an assessment of— 

21 (i) critical mineral requirements to 

22 meet projected national security, energy, 

23 economic, industrial, technological, and 

24 other needs of the United States; 


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1 (ii) the projected reliance of the 

2 United States on foreign sources to meet 

3 those needs; and 

4 (iii) the projected implications of po5 tential supply shortages, restrictions, or 

6 disruptions; 

7 (D) the quantity of each critical mineral 

8 projected to be domestically recycled over the 

9 subsequent 1-year, 5-year, and 10-year periods; 

10 (E) the market penetration of alternatives 

11 to each critical mineral projected to take place 

12 over the subsequent 1-year, 5-year, and 10-year 

13 periods; 

14 (F) a discussion of reasonably foreseeable 

15 international trends associated with the dis16 covery, production, consumption, use, costs of 

17 production, and recycling of each critical min18 eral as well as the development of alternatives 

19 to critical minerals; and 

20 (G) such other projections relating to each 

21 critical mineral as the Secretary determines to 

22 be necessary to achieve the purposes of this sec23 tion. 

24 (b) PROPRIETARY INFORMATION.—In preparing a re25 port described in subsection (a), the Secretary shall enVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 sure, consistent with section 5(f) of the National Materials 

2 and Minerals Policy, Research and Development Act of 

3 1980 (30 U.S.C. 1604(f)), that— 

4 (1) no person uses the information and data 

5 collected for the report for a purpose other than the 

6 development of or reporting of aggregate data in a 

7 manner such that the identity of the person or firm 

8 who supplied the information is not discernible and 

9 is not material to the intended uses of the informa10 tion; 

11 (2) no person discloses any information or data 

12 collected for the report unless the information or 

13 data has been transformed into a statistical or ag14 gregate form that does not allow the identification of 

15 the person or firm who supplied particular informa16 tion; and 

17 (3) procedures are established to require the 

18 withholding of any information or data collected for 

19 the report if the Secretary determines that with20 holding is necessary to protect proprietary informa21 tion, including any trade secrets or other confiden22 tial information. 

23 SEC. 3309. EDUCATION AND WORKFORCE. 

24 (a) WORKFORCE ASSESSMENT.—Not later than 1 

25 year and 300 days after the date of enactment of this Act, 


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1 the Secretary of Labor (in consultation with the Secretary, 

2 the Director of the National Science Foundation, institu3 tions of higher education with substantial expertise in 

4 mining, institutions of higher education with significant 

5 expertise in minerals research, including fundamental re6 search into alternatives, and employers in the critical min7 erals sector) shall submit to Congress an assessment of 

8 the domestic availability of technically trained personnel 

9 necessary for critical mineral exploration, development, as10 sessment, production, manufacturing, recycling, analysis, 

11 forecasting, education, and research, including an analysis 

12 of— 

13 (1) skills that are in the shortest supply as of 

14 the date of the assessment; 

15 (2) skills that are projected to be in short sup16 ply in the future; 

17 (3) the demographics of the critical minerals in18 dustry and how the demographics will evolve under 

19 the influence of factors such as an aging workforce; 

20 (4) the effectiveness of training and education 

21 programs in addressing skills shortages; 

22 (5) opportunities to hire locally for new and ex23 isting critical mineral activities; 

24 (6) the sufficiency of personnel within relevant 

25 areas of the Federal Government for achieving the 


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1 policies described in section 3 of the National Mate2 rials and Minerals Policy, Research and Develop3 ment Act of 1980 (30 U.S.C. 1602); and 

4 (7) the potential need for new training pro5 grams to have a measurable effect on the supply of 

6 trained workers in the critical minerals industry. 

7 (b) CURRICULUM STUDY.— 

8 (1) IN GENERAL.—The Secretary and the Sec9 retary of Labor shall jointly enter into an arrange10 ment with the National Academy of Sciences and the 

11 National Academy of Engineering under which the 

12 Academies shall coordinate with the National 

13 Science Foundation on conducting a study— 

14 (A) to design an interdisciplinary program 

15 on critical minerals that will support the critical 

16 mineral supply chain and improve the ability of 

17 the United States to increase domestic, critical 

18 mineral exploration, development, production, 

19 manufacturing, research, including fundamental 

20 research into alternatives, and recycling; 

21 (B) to address undergraduate and grad22 uate education, especially to assist in the devel23 opment of graduate level programs of research 

24 and instruction that lead to advanced degrees 

25 with an emphasis on the critical mineral supply 


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1 chain or other positions that will increase do2 mestic, critical mineral exploration, develop3 ment, production, manufacturing, research, in4 cluding fundamental research into alternatives, 

5 and recycling; 

6 (C) to develop guidelines for proposals 

7 from institutions of higher education with sub8 stantial capabilities in the required disciplines 

9 for activities to improve the critical mineral 

10 supply chain and advance the capacity of the 

11 United States to increase domestic, critical min12 eral exploration, research, development, produc13 tion, manufacturing, and recycling; and 

14 (D) to outline criteria for evaluating per15 formance and recommendations for the amount 

16 of funding that will be necessary to establish 

17 and carry out the program described in sub18 section (c). 

19 (2) REPORT.—Not later than 2 years after the 

20 date of enactment of this Act, the Secretary shall 

21 submit to Congress a description of the results of 

22 the study required under paragraph (1). 

23 (c) PROGRAM.— 

24 (1) ESTABLISHMENT.—The Secretary and the 

25 Secretary of Labor shall jointly conduct a competiVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 tive grant program under which institutions of high2 er education may apply for and receive 4-year grants 

3 for— 

4 (A) startup costs for newly designated fac5 ulty positions in integrated critical mineral edu6 cation, research, innovation, training, and work7 force development programs consistent with 

8 subsection (b); 

9 (B) internships, scholarships, and fellow10 ships for students enrolled in programs related 

11 to critical minerals; 

12 (C) equipment necessary for integrated 

13 critical mineral innovation, training, and work14 force development programs; and 

15 (D) research of critical minerals and their 

16 applications, particularly concerning the manu17 facture of critical components vital to national 

18 security. 

19 (2) RENEWAL.—A grant under this subsection 

20 shall be renewable for up to 2 additional 3-year 

21 terms based on performance criteria outlined under 

22 subsection (b)(1)(D). 


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1 SEC. 3310. NATIONAL GEOLOGICAL AND GEOPHYSICAL 

2 DATA PRESERVATION PROGRAM. 

3 Section 351(k) of the Energy Policy Act of 2005 (42 

4 U.S.C. 15908(k)) is amended by striking ‘‘$30,000,000 

5 for each of fiscal years 2006 through 2010’’ and inserting 

6 ‘‘$5,000,000 for each of fiscal years 2018 through 2027, 

7 to remain available until expended’’. 

8 SEC. 3311. ADMINISTRATION. 

9 (a) IN GENERAL.—The National Critical Materials 

10 Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. 

11 (b) CONFORMING AMENDMENT.—Section 3(d) of the 

12 National Superconductivity and Competitiveness Act of 

13 1988 (15 U.S.C. 5202(d)) is amended in the first sentence 

14 by striking ‘‘, with the assistance of the National Critical 

15 Materials Council as specified in the National Critical Ma16 terials Act of 1984 (30 U.S.C. 1801 et seq.),’’. 

17 (c) SAVINGS CLAUSES.— 

18 (1) IN GENERAL.—Nothing in this subtitle or 

19 an amendment made by this subtitle modifies any 

20 requirement or authority provided by— 

21 (A) the matter under the heading ‘‘GEO22 LOGICAL SURVEY’’ of the first section of the 

23 Act of March 3, 1879 (43 U.S.C. 31(a)); or 

24 (B) the first section of Public Law 87–626 

25 (43 U.S.C. 31(b)). 


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1 (2) SECRETARIAL ORDER NOT AFFECTED.— 

2 This subtitle shall not apply to any mineral de3 scribed in Secretarial Order No. 3324, issued by the 

4 Secretary of the Interior on December 3, 2012, in 

5 any area to which the order applies. 

6 SEC. 3312. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated to carry out 

8 this subtitle $50,000,000 for each of fiscal years 2018 

9 through 2027. 

10 Subtitle E—Fossil Energy 

11 SEC. 3401. FOSSIL ENERGY. 

12 Section 961(a) of the Energy Policy Act of 2005 (42 

13 U.S.C. 16291(a)) is amended by adding at the end the 

14 following: 

15 ‘‘(8) Improving the conversion, use, and storage 

16 of carbon dioxide produced from fossil fuels.’’. 

17 SEC. 3402. ESTABLISHMENT OF COAL TECHNOLOGY PRO18 GRAM. 

19 The Energy Policy Act of 2005 is amended by strik20 ing section 962 (42 U.S.C. 16292) and inserting the fol21 lowing: 

22 ‘‘SEC. 962. COAL TECHNOLOGY PROGRAM. 

23 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) LARGE-SCALE PILOT PROJECT.—The term 

2 ‘large-scale pilot project’ means a pilot project 

3 that— 

4 ‘‘(A) represents the scale of technology de5 velopment beyond laboratory development and 

6 bench scale testing, but not yet advanced to the 

7 point of being tested under real operational con8 ditions at commercial scale; 

9 ‘‘(B) represents the scale of technology 

10 necessary to gain the operational data needed 

11 to understand the technical and performance 

12 risks of the technology before the application of 

13 that technology at commercial scale or in com14 mercial-scale demonstration; and 

15 ‘‘(C) is large enough— 

16 ‘‘(i) to validate scaling factors; and 

17 ‘‘(ii) to demonstrate the interaction 

18 between major components so that control 

19 philosophies for a new process can be de20 veloped and enable the technology to ad21 vance from large-scale pilot plant applica22 tion to commercial-scale demonstration or 

23 application. 


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1 ‘‘(2) NET-NEGATIVE CARBON DIOXIDE EMIS2 SIONS PROJECT.—The term ‘net-negative carbon di3 oxide emissions project’ means a project— 

4 ‘‘(A) that employs a technology for 

5 thermochemical coconversion of coal and bio6 mass fuels that— 

7 ‘‘(i) uses a carbon capture system; 

8 and 

9 ‘‘(ii) with carbon dioxide removal, the 

10 Secretary determines can provide elec11 tricity, fuels, or chemicals with net-nega12 tive carbon dioxide emissions from produc13 tion and consumption of the end products, 

14 while removing atmospheric carbon dioxide; 

15 ‘‘(B) that will proceed initially through a 

16 large-scale pilot project for which front-end en17 gineering will be performed for bituminous, sub18 bituminous, and lignite coals; and 

19 ‘‘(C) through which each use of coal will be 

20 combined with the use of a regionally indige21 nous form of biomass energy, provided on a re22 newable basis, that is sufficient in quantity to 

23 allow for net-negative emissions of carbon diox24 ide (in combination with a carbon capture sysVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 tem), while avoiding impacts on food production 

2 activities. 

3 ‘‘(3) PROGRAM.—The term ‘program’ means 

4 the program established under subsection (b)(1). 

5 ‘‘(4) TRANSFORMATIONAL TECHNOLOGY.— 

6 ‘‘(A) IN GENERAL.—The term ‘trans7 formational technology’ means a power genera8 tion technology that represents an entirely new 

9 way to convert energy that will enable a step 

10 change in performance, efficiency, and cost of 

11 electricity as compared to the technology in ex12 istence on the date of enactment of the Energy 

13 and Natural Resources Act of 2017. 

14 ‘‘(B) INCLUSIONS.—The term ‘trans15 formational technology’ includes a broad range 

16 of technology improvements, including— 

17 ‘‘(i) thermodynamic improvements in 

18 energy conversion and heat transfer, in19 cluding— 

20 ‘‘(I) oxygen combustion; 

21 ‘‘(II) chemical looping; and 

22 ‘‘(III) the replacement of steam 

23 cycles with supercritical carbon diox24 ide cycles; 


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1 ‘‘(ii) improvements in turbine tech2 nology; 

3 ‘‘(iii) improvements in carbon capture 

4 systems technology; and 

5 ‘‘(iv) any other technology the Sec6 retary recognizes as transformational tech7 nology. 

8 ‘‘(b) COAL TECHNOLOGY PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a coal technology program to ensure the contin11 ued use of the abundant, domestic coal resources of 

12 the United States through the development of tech13 nologies that will significantly improve the efficiency, 

14 effectiveness, costs, and environmental performance 

15 of coal use. 

16 ‘‘(2) REQUIREMENTS.—The program shall in17 clude— 

18 ‘‘(A) a research and development program; 

19 ‘‘(B) large-scale pilot projects; 

20 ‘‘(C) demonstration projects; and 

21 ‘‘(D) net-negative carbon dioxide emissions 

22 projects. 

23 ‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In 

24 consultation with the interested entities described in 

25 paragraph (4)(C), the Secretary shall develop goals 


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1 and objectives for the program to be applied to the 

2 technologies developed within the program, taking 

3 into consideration the following objectives: 

4 ‘‘(A) Ensure reliable, low-cost power from 

5 new and existing coal plants. 

6 ‘‘(B) Achieve high conversion efficiencies. 

7 ‘‘(C) Address emissions of carbon dioxide 

8 through high-efficiency platforms and carbon 

9 capture from new and existing coal plants. 

10 ‘‘(D) Support small-scale and modular 

11 technologies to enable incremental capacity ad12 ditions and load growth and large-scale genera13 tion technologies. 

14 ‘‘(E) Support flexible baseload operations 

15 for new and existing applications of coal gen16 eration. 

17 ‘‘(F) Further reduce emissions of criteria 

18 pollutants and reduce the use and manage the 

19 discharge of water in power plant operations. 

20 ‘‘(G) Accelerate the development of tech21 nologies that have transformational energy con22 version characteristics. 

23 ‘‘(H) Validate geological storage of large 

24 volumes of anthropogenic sources of carbon di25 oxide and support the development of the infraVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 structure needed to support a carbon dioxide 

2 use and storage industry. 

3 ‘‘(I) Examine methods of converting coal 

4 to other valuable products and commodities in 

5 addition to electricity. 

6 ‘‘(4) CONSULTATIONS REQUIRED.—In carrying 

7 out the program, the Secretary shall— 

8 ‘‘(A) undertake international collabora9 tions, taking into consideration the rec10 ommendations of the National Coal Council; 

11 ‘‘(B) use existing authorities to encourage 

12 international cooperation; and 

13 ‘‘(C) consult with interested entities, in14 cluding— 

15 ‘‘(i) coal producers; 

16 ‘‘(ii) industries that use coal; 

17 ‘‘(iii) organizations that promote coal 

18 and advanced coal technologies; 

19 ‘‘(iv) environmental organizations; 

20 ‘‘(v) organizations representing work21 ers; and 

22 ‘‘(vi) organizations representing con23 sumers. 

24 ‘‘(c) REPORT.— 


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1 ‘‘(1) IN GENERAL.—Not later than 18 months 

2 after the date of enactment of the Energy and Nat3 ural Resources Act of 2017, the Secretary shall sub4 mit to Congress a report describing the performance 

5 standards adopted under subsection (b)(3). 

6 ‘‘(2) UPDATE.—Not less frequently than once 

7 every 2 years after the initial report is submitted 

8 under paragraph (1), the Secretary shall submit to 

9 Congress a report describing the progress made to10 wards achieving the objectives and performance 

11 standards adopted under subsection (b)(3). 

12 ‘‘(d) FUNDING.— 

13 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Sec15 retary to carry out this section, to remain available 

16 until expended— 

17 ‘‘(A) for activities under the research and 

18 development program component described in 

19 subsection (b)(2)(A)— 

20 ‘‘(i) $275,000,000 for each of fiscal 

21 years 2018 through 2021; and 

22 ‘‘(ii) $200,000,000 for fiscal year 

23 2022; 


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1 ‘‘(B) for activities under the demonstration 

2 projects program component described in sub3 section (b)(2)(C)— 

4 ‘‘(i) $50,000,000 for each of fiscal 

5 years 2018 through 2021; and 

6 ‘‘(ii) $75,000,000 for fiscal year 2022; 

7 ‘‘(C) subject to paragraph (2), for activi8 ties under the large-scale pilot projects program 

9 component described in subsection (b)(2)(B), 

10 $285,000,000 for each of fiscal years 2018 

11 through 2022; and 

12 ‘‘(D) for activities under the net-negative 

13 carbon dioxide emissions projects program com14 ponent described in subsection (b)(2)(D), 

15 $22,000,000 for each of fiscal years 2018 

16 through 2022. 

17 ‘‘(2) COST SHARING FOR LARGE-SCALE PILOT

18 PROJECTS.—Activities under subsection (b)(2)(B) 

19 shall be subject to the cost-sharing requirements of 

20 section 988(b).’’. 

21 SEC. 3403. REPORT ON CARBON DIOXIDE CAPTURE CON22 TRACTING AUTHORITY. 

23 Section 963 of the Energy Policy Act of 2005 (42 

24 U.S.C. 16293) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(e) REPORT ON CARBON DIOXIDE CAPTURE CON2 TRACTING AUTHORITY.— 

3 ‘‘(1) DEFINITION OF ELECTRIC GENERATION

4 UNIT.—In this subsection, the term ‘electric genera5 tion unit’ means an electric generation unit that— 

6 ‘‘(A) uses coal-based generation tech7 nology; and 

8 ‘‘(B) is capable of capturing carbon dioxide 

9 emissions from the unit. 

10 ‘‘(2) REPORT.—Not later than 180 days after 

11 the date of enactment of the Energy and Natural 

12 Resources Act of 2017, the Secretary shall prepare 

13 and submit to the appropriate committees of Con14 gress a report that— 

15 ‘‘(A) describes the costs and benefits of en16 tering into long-term binding contracts on be17 half of the Federal Government with qualified 

18 parties to provide support for capturing carbon 

19 dioxide from electricity generated at an electric 

20 generation unit or carbon dioxide captured from 

21 an electric generation unit and sold to a pur22 chaser for— 

23 ‘‘(i) the recovery of crude oil; or 

24 ‘‘(ii) other purposes for which a com25 mercial market exists; 


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1 ‘‘(B) contains an analysis of how the De2 partment would establish, implement, and 

3 maintain a contracting program described in 

4 subparagraph (A); and 

5 ‘‘(C) outlines options for how contracts 

6 may be structured, and regulations that would 

7 be necessary, to implement a contracting pro8 gram described in subparagraph (A).’’. 

9 Subtitle F—Nuclear 

10 SEC. 3501. NUCLEAR ENERGY INNOVATION CAPABILITIES. 

11 (a) NUCLEAR ENERGY.—Section 951 of the Energy 

12 Policy Act of 2005 (42 U.S.C. 16271) is amended to read 

13 as follows: 

14 ‘‘SEC. 951. NUCLEAR ENERGY. 

15 ‘‘(a) MISSION.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall carry 

17 out programs of civilian nuclear research, develop18 ment, demonstration, and commercial application, 

19 including activities under this subtitle. 

20 ‘‘(2) CONSIDERATIONS.—The programs carried 

21 out under paragraph (1) shall take into consider22 ation the following objectives: 

23 ‘‘(A) Providing research infrastructure to 

24 promote scientific progress and enable users 

25 from academia, the National Laboratories, and 


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1 the private sector to make scientific discoveries 

2 relevant for nuclear, chemical, and materials 

3 science engineering. 

4 ‘‘(B) Maintaining nuclear energy research 

5 and development programs at the National 

6 Laboratories and institutions of higher edu7 cation, including infrastructure at the National 

8 Laboratories and institutions of higher edu9 cation. 

10 ‘‘(C) Providing the technical means to re11 duce the likelihood of nuclear proliferation. 

12 ‘‘(D) Increasing confidence margins for 

13 public safety of nuclear energy systems. 

14 ‘‘(E) Reducing the environmental impact 

15 of activities relating to nuclear energy. 

16 ‘‘(F) Supporting technology transfer from 

17 the National Laboratories to the private sector. 

18 ‘‘(G) Enabling the private sector to part19 ner with the National Laboratories to dem20 onstrate novel reactor concepts for the purpose 

21 of resolving technical uncertainty associated 

22 with the objectives described in subparagraphs 

23 (A) through (F). 

24 ‘‘(b) DEFINITIONS.—In this subtitle: 


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1 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The 

2 term ‘advanced nuclear reactor’ means— 

3 ‘‘(A) a nuclear fission reactor with signifi4 cant improvements over the most recent genera5 tion of nuclear fission reactors, which may in6 clude— 

7 ‘‘(i) inherent safety features; 

8 ‘‘(ii) lower waste yields; 

9 ‘‘(iii) greater fuel utilization; 

10 ‘‘(iv) superior reliability; 

11 ‘‘(v) resistance to proliferation; 

12 ‘‘(vi) increased thermal efficiency; and 

13 ‘‘(vii) the ability to integrate into elec14 tric and nonelectric applications; or 

15 ‘‘(B) a nuclear fusion reactor. 

16 ‘‘(2) COMMISSION.—The term ‘Commission’ 

17 means the Nuclear Regulatory Commission. 

18 ‘‘(3) FAST NEUTRON.—The term ‘fast neutron’ 

19 means a neutron with kinetic energy above 100 

20 kiloelectron volts. 

21 ‘‘(4) NATIONAL LABORATORY.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the term ‘National Labora24 tory’ has the meaning given the term in section 

25 2. 


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1 ‘‘(B) LIMITATION.—With respect to the 

2 Lawrence Livermore National Laboratory, the 

3 Los Alamos National Laboratory, and the 

4 Sandia National Laboratories, the term ‘Na5 tional Laboratory’ means only the civilian ac6 tivities of the laboratory. 

7 ‘‘(5) NEUTRON FLUX.—The term ‘neutron flux’ 

8 means the intensity of neutron radiation measured 

9 as a rate of flow of neutrons applied over an area. 

10 ‘‘(6) NEUTRON SOURCE.—The term ‘neutron 

11 source’ means a research machine that provides neu12 tron irradiation services for— 

13 ‘‘(A) research on materials sciences and 

14 nuclear physics; and 

15 ‘‘(B) testing of advanced materials, nuclear 

16 fuels, and other related components for reactor 

17 systems.’’. 

18 (b) NUCLEAR ENERGY RESEARCH PROGRAMS.— 

19 (1) IN GENERAL.—Section 952 of the Energy 

20 Policy Act of 2005 (42 U.S.C. 16272) is amended— 

21 (A) by striking subsection (c); and 

22 (B) by redesignating subsections (d) and 

23 (e) as subsections (c) and (d), respectively. 

24 (2) CONFORMING AMENDMENT.—Section 

25 641(b)(1) of the Energy Policy Act of 2005 (42 


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1 U.S.C. 16021(b)(1)) is amended by striking ‘‘section 

2 942(d)’’ and inserting ‘‘section 952(c)’’. 

3 (c) ADVANCED FUEL CYCLE INITIATIVE.—Section 

4 953(a) of the Energy Policy Act of 2005 (42 U.S.C. 

5 16273(a)) is amended by striking ‘‘, acting through the 

6 Director of the Office of Nuclear Energy, Science and 

7 Technology,’’. 

8 (d) UNIVERSITY NUCLEAR SCIENCE AND ENGINEER9 ING SUPPORT.—Section 954(d)(4) of the Energy Policy 

10 Act of 2005 (42 U.S.C. 16274(d)(4)) is amended by strik11 ing ‘‘as part of a taking into consideration effort that em12 phasizes’’ and inserting ‘‘that emphasize’’. 

13 (e) DEPARTMENT OF ENERGY CIVILIAN NUCLEAR

14 INFRASTRUCTURE AND FACILITIES.—Section 955 of the 

15 Energy Policy Act of 2005 (42 U.S.C. 16275) is amend16 ed— 

17 (1) by striking subsections (c) and (d); and 

18 (2) by adding at the end the following: 

19 ‘‘(c) VERSATILE NEUTRON SOURCE.— 

20 ‘‘(1) MISSION NEED.— 

21 ‘‘(A) IN GENERAL.—Not later than De22 cember 31, 2017, the Secretary shall determine 

23 the mission need for a versatile reactor-based 

24 fast neutron source, which shall operate as a 

25 national user facility. 


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1 ‘‘(B) CONSULTATIONS REQUIRED.—In car2 rying out subparagraph (A), the Secretary shall 

3 consult with the private sector, institutions of 

4 higher education, the National Laboratories, 

5 and relevant Federal agencies to ensure that 

6 the user facility described in subparagraph (A) 

7 will meet the research needs of the largest prac8 ticable majority of prospective users. 

9 ‘‘(2) ESTABLISHMENT.—As soon as practicable 

10 after determining the mission need under paragraph 

11 (1)(A), the Secretary shall submit to the appropriate 

12 committees of Congress a detailed plan for the es13 tablishment of the user facility. 

14 ‘‘(3) FACILITY REQUIREMENTS.— 

15 ‘‘(A) CAPABILITIES.—The Secretary shall 

16 ensure that the user facility will provide, at a 

17 minimum, the following capabilities: 

18 ‘‘(i) Fast neutron spectrum irradia19 tion capability. 

20 ‘‘(ii) Capacity for upgrades to accom21 modate new or expanded research needs. 

22 ‘‘(B) CONSIDERATIONS.—In carrying out 

23 the plan submitted under paragraph (2), the 

24 Secretary shall consider the following: 


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1 ‘‘(i) Capabilities that support experi2 mental high-temperature testing. 

3 ‘‘(ii) Providing a source of fast neu4 trons at a neutron flux, higher than that 

5 at which current research facilities operate, 

6 sufficient to enable research for an optimal 

7 base of prospective users. 

8 ‘‘(iii) Maximizing irradiation flexibility 

9 and irradiation volume to accommodate as 

10 many concurrent users as possible. 

11 ‘‘(iv) Capabilities for irradiation with 

12 neutrons of a lower energy spectrum. 

13 ‘‘(v) Multiple loops for fuels and ma14 terials testing in different coolants. 

15 ‘‘(vi) Additional pre-irradiation and 

16 post-irradiation examination capabilities. 

17 ‘‘(vii) Lifetime operating costs and 

18 lifecycle costs. 

19 ‘‘(4) DEADLINE FOR ESTABLISHMENT.—The 

20 Secretary shall, to the maximum extent practicable, 

21 complete construction of, and approve the start of 

22 operations for, the user facility by not later than De23 cember 31, 2026. 

24 ‘‘(5) REPORTING.—The Secretary shall include 

25 in the annual budget request of the Department an 


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1 explanation for any delay in the progress of the De2 partment in completing the user facility by the dead3 line described in paragraph (4). 

4 ‘‘(6) COORDINATION.—The Secretary shall le5 verage the best practices for management, construc6 tion, and operation of national user facilities from 

7 the Office of Science.’’. 

8 (f) SECURITY OF NUCLEAR FACILITIES.—Section 

9 956 of the Energy Policy Act of 2005 (42 U.S.C. 16276) 

10 is amended by striking ‘‘, acting through the Director of 

11 the Office of Nuclear Energy, Science and Technology,’’. 

12 (g) HIGH-PERFORMANCE COMPUTATION AND SUP13 PORTIVE RESEARCH.—Section 957 of the Energy Policy 

14 Act of 2005 (42 U.S.C. 16277) is amended to read as 

15 follows: 

16 ‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP17 PORTIVE RESEARCH. 

18 ‘‘(a) MODELING AND SIMULATION.—The Secretary 

19 shall carry out a program to enhance the capabilities of 

20 the United States to develop new reactor technologies 

21 through high-performance computation modeling and sim22 ulation techniques. 

23 ‘‘(b) COORDINATION.—In carrying out the program 

24 under subsection (a), the Secretary shall coordinate with 

25 relevant Federal agencies as described by the National 


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1 Strategic Computing Initiative established by Executive 

2 Order 13702 (80 Fed. Reg. 46177 (July 29, 2015)), while 

3 taking into account the following objectives: 

4 ‘‘(1) Using expertise from the private sector, in5 stitutions of higher education, and the National 

6 Laboratories to develop computational software and 

7 capabilities that prospective users may access to ac8 celerate research and development of advanced nu9 clear reactor systems and reactor systems for space 

10 exploration. 

11 ‘‘(2) Developing computational tools to simulate 

12 and predict nuclear phenomena that may be vali13 dated through physical experimentation. 

14 ‘‘(3) Increasing the utility of the research infra15 structure of the Department by coordinating with 

16 the Advanced Scientific Computing Research pro17 gram within the Office of Science. 

18 ‘‘(4) Leveraging experience from the Energy In19 novation Hub for Modeling and Simulation. 

20 ‘‘(5) Ensuring that new experimental and com21 putational tools are accessible to relevant research 

22 communities, including private sector entities en23 gaged in nuclear energy technology development. 

24 ‘‘(c) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec25 retary shall consider support for additional research activiVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ties to maximize the utility of the research facilities of the 

2 Department, including physical processes— 

3 ‘‘(1) to simulate degradation of materials and 

4 behavior of fuel forms; and 

5 ‘‘(2) for validation of computational tools.’’. 

6 (h) ENABLING NUCLEAR ENERGY INNOVATION.— 

7 Subtitle E of title IX of the Energy Policy Act of 2005 

8 (42 U.S.C. 16271 et seq.) is amended by adding at the 

9 end the following: 

10 ‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 

11 ‘‘(a) NATIONAL REACTOR INNOVATION CENTER.— 

12 There is authorized a program to enable the testing and 

13 demonstration of reactor concepts to be proposed and 

14 funded by the private sector. 

15 ‘‘(b) TECHNICAL EXPERTISE.—In carrying out the 

16 program under subsection (a), the Secretary shall leverage 

17 the technical expertise of relevant Federal agencies and 

18 the National Laboratories in order to minimize the time 

19 required to enable construction and operation of privately 

20 funded experimental reactors at National Laboratories or 

21 other Department-owned sites. 

22 ‘‘(c) OBJECTIVES.—The reactors described in sub23 section (b) shall operate to meet the following objectives: 

24 ‘‘(1) Enabling physical validation of advanced 

25 nuclear reactor concepts. 


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1 ‘‘(2) Resolving technical uncertainty and in2 creasing practical knowledge relevant to safety, resil3 ience, security, and functionality of advanced nuclear 

4 reactor concepts. 

5 ‘‘(3) General research and development to im6 prove nascent technologies. 

7 ‘‘(d) SHARING TECHNICAL EXPERTISE.—In carrying 

8 out the program under subsection (a), the Secretary may 

9 enter into a memorandum of understanding with the 

10 Chairman of the Commission in order to share technical 

11 expertise and knowledge through— 

12 ‘‘(1) enabling the testing and demonstration of 

13 advanced nuclear reactor concepts to be proposed 

14 and funded by the private sector; 

15 ‘‘(2) operating a database to store and share 

16 data and knowledge relevant to nuclear science and 

17 engineering between Federal agencies and the pri18 vate sector; 

19 ‘‘(3) developing and testing electric and non20 electric integration and energy conversion systems 

21 relevant to advanced nuclear reactors; 

22 ‘‘(4) leveraging expertise from the Commission 

23 with respect to safety analysis; and 


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1 ‘‘(5) enabling technical staff of the Commission 

2 to actively observe and learn about technologies de3 veloped under the program. 

4 ‘‘(e) AGENCY COORDINATION.—The Chairman of the 

5 Commission and the Secretary shall enter into a memo6 randum of understanding regarding the following: 

7 ‘‘(1) Ensuring that— 

8 ‘‘(A) the Department has sufficient tech9 nical expertise to support the timely research, 

10 development, demonstration, and commercial 

11 application by the civilian nuclear industry of 

12 safe and innovative advanced nuclear reactor 

13 technology; and 

14 ‘‘(B) the Commission has sufficient tech15 nical expertise to support the evaluation of ap16 plications for licenses, permits, and design cer17 tifications and other requests for regulatory ap18 proval for advanced nuclear reactors. 

19 ‘‘(2) The use of computers and software codes 

20 to calculate the behavior and performance of ad21 vanced nuclear reactors based on mathematical mod22 els of the physical behavior of advanced nuclear re23 actors. 

24 ‘‘(3) Ensuring that— 


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1 ‘‘(A) the Department maintains and devel2 ops the facilities necessary to enable the timely 

3 research, development, demonstration, and com4 mercial application by the civilian nuclear in5 dustry of safe and innovative reactor tech6 nology; and 

7 ‘‘(B) the Commission has access to the fa8 cilities described in subparagraph (A), as need9 ed. 

10 ‘‘(f) REPORTING REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—Not later than 180 days 

12 after the date of enactment of the Energy and Nat13 ural Resources Act of 2017, the Secretary, in con14 sultation with the National Laboratories, relevant 

15 Federal agencies, and other stakeholders, shall sub16 mit to the appropriate committees of Congress a re17 port assessing the capabilities of the Department to 

18 authorize, host, and oversee privately funded experi19 mental advanced nuclear reactors as described in 

20 subsection (b). 

21 ‘‘(2) CONTENTS.—The report submitted under 

22 paragraph (1) shall address— 

23 ‘‘(A) the safety review and oversight capa24 bilities of the Department, including options to 


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1 leverage expertise from the Commission and the 

2 National Laboratories; 

3 ‘‘(B) options to regulate privately proposed 

4 and funded experimental reactors hosted by the 

5 Department; 

6 ‘‘(C) potential sites capable of hosting pri7 vately funded experimental advanced nuclear re8 actors; 

9 ‘‘(D) the efficacy of the available contrac10 tual mechanisms of the Department to partner 

11 with the private sector and Federal agencies, 

12 including cooperative research and development 

13 agreements, strategic partnership projects, and 

14 agreements for commercializing technology; 

15 ‘‘(E) the liability of the Federal Govern16 ment with respect to the disposal of low-level 

17 radioactive waste, spent nuclear fuel, or high18 level radioactive waste (as those terms are de19 fined in section 2 of the Nuclear Waste Policy 

20 Act of 1982 (42 U.S.C. 10101)); 

21 ‘‘(F) the impact on the aggregate inven22 tory in the United States of low-level radio23 active waste, spent nuclear fuel, or high-level 

24 radioactive waste (as those terms are defined in 


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1 section 2 of the Nuclear Waste Policy Act of 

2 1982 (42 U.S.C. 10101)); 

3 ‘‘(G) potential cost structures relating to 

4 physical security, decommissioning, liability, 

5 and other long-term project costs; and 

6 ‘‘(H) other challenges or considerations 

7 identified by the Secretary. 

8 ‘‘(3) UPDATES.—Once every 2 years, the Sec9 retary shall update relevant provisions of the report 

10 submitted under paragraph (1) and submit to the 

11 appropriate committees of Congress the update. 

12 ‘‘(g) SAVINGS CLAUSES.— 

13 ‘‘(1) LICENSING REQUIREMENT.—Nothing in 

14 this section authorizes the Secretary or any person 

15 to construct or operate a nuclear reactor for the pur16 pose of demonstrating the suitability for commercial 

17 application of the nuclear reactor unless licensed by 

18 the Commission in accordance with section 202 of 

19 the Energy Reorganization Act of 1974 (42 U.S.C. 

20 5842). 

21 ‘‘(2) FINANCIAL PROTECTION.—Any activity 

22 carried out under this section that involves the risk 

23 of public liability shall be subject to the financial 

24 protection or indemnification requirements of section 

25 170 of the Atomic Energy Act of 1954 (42 U.S.C. 


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1 2210) (commonly known as the ‘Price-Anderson 

2 Act’).’’. 

3 (i) BUDGET PLAN.— 

4 (1) IN GENERAL.—Subtitle E of title IX of the 

5 Energy Policy Act of 2005 (42 U.S.C. 16271 et 

6 seq.) (as amended by subsection (h)) is amended by 

7 adding at the end the following: 

8 ‘‘SEC. 959. BUDGET PLAN. 

9 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

10 date of enactment of the Energy and Natural Resources 

11 Act of 2017, the Secretary shall submit to the Committee 

12 on Energy and Natural Resources of the Senate and the 

13 Committee on Science, Space, and Technology of the 

14 House of Representatives 2 alternative 10-year budget 

15 plans for civilian nuclear energy research and development 

16 by the Secretary, as described in subsections (b) through 

17 (d). 

18 ‘‘(b) BUDGET PLAN ALTERNATIVE 1.—One of the 

19 budget plans submitted under subsection (a) shall assume 

20 constant annual funding for 10 years at the appropriated 

21 level for the civilian nuclear energy research and develop22 ment of the Department for fiscal year 2017. 

23 ‘‘(c) BUDGET PLAN ALTERNATIVE 2.—One of the 

24 budget plans submitted under subsection (a) shall be an 

25 unconstrained budget. 


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1 ‘‘(d) INCLUSIONS.—Each alternative budget plan 

2 submitted under subsection (a) shall include— 

3 ‘‘(1) a prioritized list of the programs, projects, 

4 and activities of the Department to best support the 

5 development of advanced nuclear reactor tech6 nologies; 

7 ‘‘(2) realistic budget requirements for the De8 partment to implement sections 955(c), 957, and 

9 958; and 

10 ‘‘(3) the justification of the Department for 

11 continuing or terminating existing civilian nuclear 

12 energy research and development programs.’’. 

13 (2) REPORT ON FUSION INNOVATION.— 

14 (A) IN GENERAL.—Not later than 180 

15 days after the date of enactment of this Act, 

16 the Secretary shall submit to the Committee on 

17 Energy and Natural Resources of the Senate 

18 and the Committee on Science, Space, and 

19 Technology of the House of Representatives a 

20 report identifying engineering designs for inno21 vative fusion energy systems that have the po22 tential to demonstrate net energy production 

23 not later than 15 years after the start of con24 struction. 


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1 (B) INCLUSIONS.—The report submitted 

2 under subparagraph (A) shall identify budg3 etary requirements that would be necessary for 

4 the Department to carry out a fusion innova5 tion initiative to accelerate research and devel6 opment of the engineering designs identified in 

7 the report. 

8 (3) CONFORMING AMENDMENTS.—The table of 

9 contents for the Energy Policy Act of 2005 is 

10 amended by striking the item relating to section 957 

11 and inserting the following: 

‘‘957. High-performance computation and supportive research. 

‘‘958. Enabling nuclear energy innovation. 

‘‘959. Budget plan.’’. 

12 (j) ADVANCED NUCLEAR REACTOR REGULATORY

13 FRAMEWORK.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Nuclear Regu16 latory Commission (referred to in this subsection as 

17 the ‘‘Commission’’) shall submit to the Committee 

18 on Energy and Commerce of the House of Rep19 resentatives and the Committee on Environment and 

20 Public Works of the Senate a plan for developing an 

21 efficient, risk-informed, and technology-neutral 

22 framework for licensing advanced nuclear reactors 

23 (as defined in subsection (b) of section 951 of the 


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1 Energy Policy Act of 2005 (42 U.S.C. 16271) (as 

2 amended by subsection (a))). 

3 (2) REQUIREMENTS.—Consistent with the role 

4 of the Commission in protecting public health and 

5 safety and common defense and security, the plan 

6 submitted under paragraph (1) shall evaluate the 

7 following: 

8 (A) The unique aspects of advanced nu9 clear reactor licensing and any associated legal, 

10 regulatory, and policy issues the Commission 

11 will need to address to develop a framework for 

12 licensing advanced nuclear reactors. 

13 (B) Options for licensing advanced nuclear 

14 reactors under— 

15 (i) regulations of the Commission 

16 under title 10, Code of Federal Regula17 tions (as in effect on the date of enactment 

18 of this Act); 

19 (ii) a proposed new regulatory frame20 work; or 

21 (iii) a combination of the approaches 

22 described in clauses (i) and (ii). 

23 (C) Options to expedite and streamline the 

24 licensing of advanced nuclear reactors, includ25 ing opportunities— 


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1 (i) to minimize the time from the date 

2 of the application submission to the date of 

3 the final Commission licensing decision; 

4 and 

5 (ii) to minimize the delays that may 

6 result from any necessary amendments or 

7 supplements to applications. 

8 (D) Options to expand the incorporation of 

9 consensus-based codes and standards into the 

10 advanced nuclear reactor regulatory frame11 work— 

12 (i) to minimize the time to completion 

13 of licensing; and 

14 (ii) to provide flexibility in implemen15 tation of the framework. 

16 (E) Options to make the advanced nuclear 

17 reactor licensing framework more predictable, 

18 including considering opportunities to improve 

19 the process by which application review mile20 stones are established and maintained. 

21 (F) Options to allow applicants to use 

22 phased review processes under which the Com23 mission issues approvals that do not require the 

24 Commission to rereview previously approved in25 formation, including considering the ability of 


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1 the Commission to review and conditionally ap2 prove partial applications, early design informa3 tion, and submissions that contain design cri4 teria and processes to be used to develop infor5 mation to support a later phase of the design 

6 review. 

7 (G) The extent to which action by, or 

8 modifications of policies of, the Commission are 

9 needed to implement any part of the plan re10 quired under paragraph (1). 

11 (H) The role of licensing advanced nuclear 

12 reactors within long-term strategic resource 

13 planning, staffing, and funding levels of the 

14 Commission. 

15 (I) Options to provide cost-sharing finan16 cial structures for license applicants in a phased 

17 licensing process. 

18 (3) COORDINATION AND STAKEHOLDER INPUT

19 REQUIRED.—In developing the plan under para20 graph (1), the Commission shall seek input from the 

21 Department, the nuclear industry, and other public 

22 stakeholders. 

23 (4) COST AND SCHEDULE ESTIMATE.—The plan 

24 required under paragraph (1) shall include proposed 

25 cost estimates, budgets, and specific milestones for 


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1 implementing the advanced nuclear reactor regu2 latory framework by September 30, 2019. 

3 (5) DESIGN CERTIFICATION STATUS.— 

4 (A) IN GENERAL.—In the first budget re5 quest of the Commission after the date of ac6 ceptance of any design certification application 

7 for an advanced nuclear reactor, and annually 

8 thereafter, the Commission shall provide the 

9 status of performance metrics and milestone 

10 schedules for the advanced nuclear reactor. 

11 (B) REQUIREMENT.—A budget request 

12 under subparagraph (A) shall include a plan to 

13 correct or recover from any milestone schedule 

14 delays for the advanced nuclear reactor, includ15 ing any delays because of the inability of the 

16 Commission to commit resources for the review 

17 by the Commission of the design certification 

18 applications. 

19 (k) USER FEES AND ANNUAL CHARGES.—Section 

20 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act 

21 of 1990 (42 U.S.C. 2214(c)(2)(A)) is amended— 

22 (1) in clause (iii), by striking ‘‘and’’ at the end; 

23 (2) in clause (iv), by striking the period at the 

24 end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(v) for fiscal years ending before Oc2 tober 1, 2020, amounts appropriated to 

3 the Commission for activities related to the 

4 development of regulatory infrastructure 

5 for advanced nuclear reactor technologies 

6 (as defined in subsection (b) of section 951 

7 of the Energy Policy Act of 2005 (42 

8 U.S.C. 16271)).’’. 

9 SEC. 3502. NEXT GENERATION NUCLEAR PLANT PROJECT. 

10 Section 642(b) of the Energy Policy Act of 2005 (42 

11 U.S.C. 16022(b)) is amended— 

12 (1) by striking paragraph (3); and 

13 (2) by redesignating paragraphs (4) and (5) as 

14 paragraphs (3) and (4), respectively. 

15 Subtitle G—Workforce 

16 Development 

17 SEC. 3601. 21ST CENTURY ENERGY WORKFORCE ADVISORY 

18 BOARD. 

19 (a) ESTABLISHMENT.—The Secretary shall establish 

20 the 21st Century Energy Workforce Advisory Board (re21 ferred to in this section as the ‘‘Board’’), to develop a 

22 strategy for the support and development of a skilled en23 ergy workforce that— 

24 (1) meets the current and future industry and 

25 labor needs of the energy sector; 


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1 (2) provides opportunities for students to be2 come qualified for placement in traditional energy 

3 sector and clean energy sector jobs; 

4 (3) aligns apprenticeship programs and work5 force development programs to provide industry rec6 ognized certifications and credentials; 

7 (4) encourages leaders in the education system 

8 of the United States to equip students with the 

9 skills, mentorships, training, and technical expertise 

10 necessary to fill the employment opportunities vital 

11 to managing and operating the energy- and manu12 facturing-related industries of the United States; 

13 (5) appropriately supports other Federal agen14 cies; 

15 (6) strengthens and more fully engages work16 force training programs of the Department and the 

17 National Laboratories in carrying out the Minorities 

18 in Energy Initiative of the Department and other 

19 Department workforce priorities; 

20 (7) supports the design and replication of exist21 ing model energy curricula, particularly in new and 

22 emerging technologies, that leads to industry-wide 

23 credentials; 

24 (8) develops plans to support and retrain dis25 placed and unemployed energy sector workers; and 


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1 (9) makes a Department priority to provide 

2 education and job training to underrepresented 

3 groups, including ethnic minorities, Indian tribes (as 

4 defined in section 4 of the Indian Self-Determination 

5 and Education Assistance Act (25 U.S.C. 5304)), 

6 women, veterans, and socioeconomically disadvan7 taged individuals. 

8 (b) MEMBERSHIP.— 

9 (1) IN GENERAL.—The Board shall be com10 posed of 9 members, with the initial members of the 

11 Board to be appointed by the Secretary not later 

12 than 1 year after the date of enactment of this Act. 

13 (2) NOMINATIONS.—Not later than 1 year after 

14 the date of enactment of this Act, the President’s 

15 Council of Advisors on Science and Technology shall 

16 nominate for appointment to the Board under para17 graph (1) not less than 18 individuals who meet the 

18 qualifications described in paragraph (3). 

19 (3) QUALIFICATIONS.—Each individual nomi20 nated for appointment to the Board under para21 graph (1) shall— 

22 (A) be eminent in the field of economics or 

23 workforce development; 

24 (B) have expertise in relevant traditional 

25 energy industries and clean energy industries; 


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1 (C) have expertise in secondary and post2 secondary education; 

3 (D) have expertise in energy workforce de4 velopment or apprentice programs of States and 

5 units of local government; 

6 (E) have expertise in relevant organized 

7 labor organizations; or 

8 (F) have expertise in bringing underrep9 resented groups, including ethnic minorities, 

10 women, veterans, and socioeconomically dis11 advantaged individuals, into the workforce. 

12 (4) REPRESENTATION.—The membership of the 

13 Board shall be representative of the broad range of 

14 the energy industry, labor organizations, workforce 

15 development, education, minority participation, cy16 bersecurity, and economics disciplines related to ac17 tivities carried out under this section. 

18 (5) LIMITATION.—No individual shall be nomi19 nated for appointment to the Board who is an em20 ployee of an entity applying for a grant under sec21 tion 3602. 

22 (c) ADVISORY BOARD REVIEW AND RECOMMENDA23 TIONS.— 


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1 (1) DETERMINATION BY BOARD.—In developing 

2 the strategy required under subsection (a), the 

3 Board shall— 

4 (A) determine whether there are opportuni5 ties to more effectively and efficiently use the 

6 capabilities of the Department in the develop7 ment of a skilled energy workforce; 

8 (B) identify ways in which the Department 

9 could work with other relevant Federal agen10 cies, States, units of local government, edu11 cational institutions, labor, and industry in the 

12 development of a skilled energy workforce; 

13 (C) identify ways in which the Department 

14 and National Laboratories can— 

15 (i) increase outreach to minority-serv16 ing institutions; and 

17 (ii) make resources available to in18 crease the number of skilled minorities and 

19 women trained to go into the energy- and 

20 manufacturing-related sectors; 

21 (D) identify ways in which the Department 

22 and National Laboratories can— 

23 (i) increase outreach to displaced and 

24 unemployed energy sector workers; and 


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1 (ii) make resources available to pro2 vide training to displaced and unemployed 

3 energy sector workers to reenter the en4 ergy workforce; and 

5 (E) identify the energy sectors in greatest 

6 need of workforce training and develop guide7 lines for the skills necessary to develop a work8 force trained to work in those energy sectors. 

9 (2) REQUIRED ANALYSIS.—In developing the 

10 strategy required under subsection (a), the Board 

11 shall analyze the effectiveness of— 

12 (A) existing Department directed support; 

13 and 

14 (B) developing energy workforce training 

15 programs. 

16 (3) REPORT.—Not later than 1 year after the 

17 date on which the Board is established under this 

18 section, and each year thereafter, the Board shall 

19 submit to the Secretary and Congress, and make 

20 public, a report containing the findings of the Board 

21 and model energy curricula with respect to the strat22 egy required to be developed under subsection (a). 

23 (d) REPORT BY SECRETARY.—Not later than 18 

24 months after the date on which the Board is established 

25 under this section, the Secretary shall submit to the ComVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 mittees on Appropriations of Senate and the House of 

2 Representatives, the Committee on Energy and Natural 

3 Resources of the Senate, and the Committee on Energy 

4 and Commerce of the House of Representatives a report 

5 that— 

6 (1) describes whether the Secretary approves or 

7 disapproves the recommendations of the Board 

8 under subsection (c)(3); and 

9 (2) provides an implementation plan for rec10 ommendations approved by the Board under para11 graph (1). 

12 (e) CLEARINGHOUSE.—Based on the recommenda13 tions of the Board, the Secretary shall establish a clearing14 house— 

15 (1) to maintain and update information and re16 sources on training and workforce development pro17 grams for energy- and manufacturing-related jobs; 

18 and 

19 (2) to act as a resource, and provide guidance, 

20 for secondary schools, institutions of higher edu21 cation (including community colleges and minority22 serving institutions), workforce development organi23 zations, labor management organizations, and indus24 try organizations that would like to develop and imVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 plement energy- and manufacturing-related training 

2 programs. 

3 (f) OUTREACH TO MINORITY-SERVING INSTITU4 TIONS.—In developing the strategy under subsection (a), 

5 the Board shall— 

6 (1) give special consideration to increasing out7 reach to minority-serving institutions (including his8 torically black colleges and universities, predomi9 nantly black institutions, Hispanic serving institu10 tions, and tribal institutions); 

11 (2) make resources available to minority-serving 

12 institutions with the objective of increasing the num13 ber of skilled minorities and women trained to go 

14 into the energy and manufacturing sectors; and 

15 (3) encourage industry to improve the opportu16 nities for students of minority-serving institutions to 

17 participate in industry internships and cooperative 

18 work-study programs. 

19 (g) SUNSET.—The Board established under this sec20 tion shall remain in effect until September 30, 2021. 

21 SEC. 3602. ENERGY WORKFORCE PILOT GRANT PROGRAM. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of this Act, the Secretary, in consulta24 tion with the Secretary of Labor and the Secretary of 

25 Education, shall establish a pilot program to award grants 


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1 on a competitive basis to eligible entities for job training 

2 programs that lead to an industry-recognized credential. 

3 (b) ELIGIBILITY.—To be eligible to receive a grant 

4 under this section, an entity shall be a public or nonprofit 

5 organization or a consortium of public or nonprofit organi6 zations that— 

7 (1) includes an advisory board of proportional 

8 participation, as determined by the Secretary, of rel9 evant organizations, including— 

10 (A) relevant energy industry organizations, 

11 including public and private employers; 

12 (B) labor organizations; 

13 (C) postsecondary education organizations; 

14 and 

15 (D) workforce development boards; 

16 (2) demonstrates experience in implementing 

17 and operating job training and education programs; 

18 (3) demonstrates the ability to recruit and sup19 port individuals who plan to work in the energy in20 dustry in the successful completion of relevant job 

21 training and education programs; and 

22 (4) provides students who complete the job 

23 training and education program with an industry24 recognized credential. 


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1 (c) APPLICATIONS.—Eligible entities desiring a grant 

2 under this section shall submit to the Secretary an appli3 cation at such time, in such manner, and containing such 

4 information as the Secretary may require. 

5 (d) PRIORITY.—In selecting eligible entities to receive 

6 grants under this section, the Secretary shall prioritize ap7 plicants that— 

8 (1) house the job training and education pro9 grams in— 

10 (A) a community college or institution of 

11 higher education that includes basic science and 

12 math education in the curriculum of the com13 munity college, institution of higher education; 

14 or 

15 (B) an apprenticeship program registered 

16 with the Department of Labor or a State (as 

17 defined in 202 of the Energy Conservation and 

18 Production Act (42 U.S.C. 6802)) (referred to 

19 in this section as the ‘‘State’’); 

20 (2) work with the Secretary of Defense and the 

21 Secretary of Veterans Affairs or veteran service or22 ganizations recognized by the Secretary of Veterans 

23 Affairs under section 5902 of title 38, United States 

24 Code, to transition members of the Armed Forces 

25 and veterans to careers in the energy sector; 


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1 (3) work with Indian tribes (as defined in sec2 tion 4 of the Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 5304)), tribal or4 ganizations (as defined in section 3765 of title 38, 

5 United States Code), and Native American veterans 

6 (as defined in section 3765 of title 38, United States 

7 Code), including veterans who are a descendant of a 

8 Native (as defined in section 3 of the Alaska Native 

9 Claims Settlement Act (43 U.S.C. 1602); 

10 (4) apply as a State or regional consortia to le11 verage best practices already available in the State 

12 or region in which the community college or institu13 tion of higher education is located; 

14 (5) have a State-supported entity included in 

15 the consortium applying for the grant; 

16 (6) include an apprenticeship program reg17 istered with the Department of Labor or a State as 

18 part of the job training and education program; 

19 (7) provide support services and career coach20 ing; 

21 (8) provide introductory energy workforce devel22 opment training; 

23 (9) work with minority-serving institutions to 

24 provide job training to increase the number of 

25 skilled minorities and women in the energy sector; 


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1 (10) provide job training for displaced and un2 employed workers in the energy sector; 

3 (11) establish a community college or 2-year 

4 technical college-based ‘‘Center of Excellence’’ for an 

5 energy and maritime workforce technical training 

6 program; or 

7 (12) are located in close proximity to marine or 

8 port facilities in the Gulf of Mexico, Atlantic Ocean, 

9 Pacific Ocean, Arctic Ocean, Bering Sea, Gulf of 

10 Alaska, or Great Lakes. 

11 (e) ADDITIONAL CONSIDERATION.—In making 

12 grants under this section, the Secretary shall consider re13 gional diversity. 

14 (f) LIMITATION ON APPLICATIONS.—An eligible enti15 ty may not submit, either individually or as part of a joint 

16 application, more than 1 application for a grant under this 

17 section during any 1 fiscal year. 

18 (g) LIMITATIONS ON AMOUNT OF GRANT.—The 

19 amount of an individual grant for any 1 year shall not 

20 exceed $1,000,000. 

21 (h) COST SHARING.— 

22 (1) FEDERAL SHARE.—The Federal share of 

23 the cost of a job training and education program 

24 carried out using a grant under this section shall be 

25 not greater than 65 percent. 


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1 (2) NON-FEDERAL SHARE.— 

2 (A) IN GENERAL.—The non-Federal share 

3 of the cost of a job training and education pro4 gram carried out using a grant under this sec5 tion shall consist of not less than 50 percent 

6 cash. 

7 (B) LIMITATION.—Not greater than 50 

8 percent of the non-Federal contribution of the 

9 total cost of a job training and education pro10 gram carried out using a grant under this sec11 tion shall be in the form of in-kind contribu12 tions of goods or services fairly valued. 

13 (i) REDUCTION OF DUPLICATION.—Prior to submit14 ting an application for a grant under this section, each 

15 applicant shall consult with the appropriate agencies of 

16 the Federal Government and coordinate the proposed ac17 tivities of the applicant with existing State and local pro18 grams. 

19 (j) DIRECT ASSISTANCE.—In awarding grants under 

20 this section, the Secretary shall provide direct assistance 

21 (including technical expertise, wraparound services, career 

22 coaching, mentorships, internships, and partnerships) to 

23 entities that receive a grant under this section. 

24 (k) TECHNICAL ASSISTANCE.—The Secretary shall 

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1 tional and State energy partnerships, including the enti2 ties described in subsection (b)(1), to leverage the existing 

3 job training and education programs of the Department. 

4 (l) REPORT.—The Secretary shall submit to Congress 

5 and make publicly available on the website of the Depart6 ment an annual report on the program established under 

7 this section, including a description of— 

8 (1) the entities receiving grants; 

9 (2) the activities carried out using the grants; 

10 (3) best practices used to leverage the invest11 ment of the Federal Government; 

12 (4) the rate of employment for participants 

13 after completing a job training and education pro14 gram carried out using a grant; and 

15 (5) an assessment of the results achieved by the 

16 program. 

17 (m) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $20,000,000 for each of fiscal years 2018 through 2021. 

20 Subtitle H—Recycling 

21 SEC. 3701. RECYCLED CARBON FIBER. 

22 (a) STUDY.— 

23 (1) IN GENERAL.—The Secretary shall conduct 

24 a study on— 


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1 (A) the technology of recycled carbon fiber 

2 and production waste carbon fiber; and 

3 (B) the potential lifecycle energy savings 

4 and economic impact of recycled carbon fiber. 

5 (2) FACTORS FOR CONSIDERATION.—In con6 ducting the study under paragraph (1), the Sec7 retary shall consider— 

8 (A) the quantity of recycled carbon fiber or 

9 production waste carbon fiber that would make 

10 the use of recycled carbon fiber or production 

11 waste carbon fiber economically viable; 

12 (B) any existing or potential barriers to re13 cycling carbon fiber or using recycled carbon 

14 fiber; 

15 (C) any financial incentives that may be 

16 necessary for the development of recycled car17 bon fiber or production waste carbon fiber; 

18 (D) the potential lifecycle savings in energy 

19 from producing recycled carbon fiber, as com20 pared to producing new carbon fiber; 

21 (E) the best uses for recycled carbon fiber; 

22 (F) the potential reduction in carbon diox23 ide emissions from producing recycled carbon 

24 fiber, as compared to producing new carbon 

25 fiber; 


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1 (G) the economic benefits gained from 

2 using recycled carbon fiber or production waste 

3 carbon fiber; 

4 (H) workforce training and skills needed to 

5 address labor demands in the development of 

6 recycled carbon fiber or production waste car7 bon fiber; and 

8 (I) how the Department can leverage exist9 ing efforts in the industry on the use of produc10 tion waste carbon fiber. 

11 (3) REPORT.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary shall 

13 submit to Congress a report describing the results of 

14 the study conducted under paragraph (1). 

15 (b) RECYCLED CARBON FIBER DEMONSTRATION

16 PROJECT.—On completion of the study required under 

17 subsection (a)(1), the Secretary shall consult with the 

18 aviation and automotive industries and existing programs 

19 of the Advanced Manufacturing Office of the Department 

20 to develop a carbon fiber recycling demonstration project. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary to carry 

23 out this section $10,000,000, to remain available until ex24 pended. 


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1 SEC. 3702. ENERGY GENERATION AND REGULATORY RE2 LIEF STUDY REGARDING RECOVERY AND 

3 CONVERSION OF NONRECYCLED MIXED 

4 PLASTICS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ENGINEERED FUEL.—The term ‘‘engi7 neered fuel’’ means a solid fuel that is manufactured 

8 from nonrecycled constituents of municipal solid 

9 waste or other secondary materials. 

10 (2) GASIFICATION.—The term ‘‘gasification’’ 

11 means a process through which nonrecycled waste is 

12 heated and converted to synthesis gas in an oxygen13 deficient atmosphere, which can be converted into 

14 fuels such as ethanol or other chemical feedstocks. 

15 (3) NONRECYCLED PLASTICS.—The term ‘‘non16 recycled plastics’’ means post-use plastics that are 

17 not recycled in commercial markets. 

18 (4) PYROLYSIS.—The term ‘‘pyrolysis’’ means a 

19 process through which nonrecycled plastics are heat20 ed in the absence of oxygen until melted and ther21 mally decomposed, and are then cooled, condensed, 

22 and converted into synthetic crude oil or refined into 

23 synthetic fuels and feedstocks such as diesel or 

24 naphtha. 

25 (b) STUDY.—With respect to nonrecycled mixed plas26 tics that are part of municipal solid waste or other secVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ondary materials in the United States (and are often de2 posited in landfills), the Secretary shall conduct a study 

3 to determine the manner in which the United States can 

4 make progress toward a cost-effective system (including 

5 with respect to environmental issues) through which pyrol6 ysis, gasification, and other innovative technologies such 

7 as engineered fuels are used to convert such plastics, alone 

8 or in combination with other municipal solid waste or sec9 ondary materials, into materials that can be used to gen10 erate electric energy or fuels or as chemical feedstocks. 

11 (c) COMPLETION OF STUDY.—Not later than 2 years 

12 after the date of enactment of this Act, the Secretary shall 

13 complete the study described in subsection (b) and submit 

14 to the appropriate committees of Congress reports pro15 viding findings and recommendations developed through 

16 the study. 

17 (d) FUNDING.—The Secretary may use unobligated 

18 funds of the Department to carry out this section. 

19 SEC. 3703. ELIGIBLE PROJECTS. 

20 Section 1703(b)(1) of the Energy Policy Act of 2005 

21 (42 U.S.C. 16513(b)(1)) is amended by inserting ‘‘(ex22 cluding the burning of commonly recycled paper that has 

23 been segregated from solid waste to generate electricity)’’ 

24 after ‘‘systems’’. 


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1 TITLE IV—ACCOUNTABILITY 

2 Subtitle A—Loan Programs 

3 SEC. 4001. TERMS AND CONDITIONS FOR INCENTIVES FOR 

4 INNOVATIVE TECHNOLOGIES. 

5 (a) BORROWER PAYMENT OF SUBSIDY COST.— 

6 (1) IN GENERAL.—Section 1702 of the Energy 

7 Policy Act of 2005 (42 U.S.C. 16512) is amended 

8 by adding at the end the following: 

9 ‘‘(l) BORROWER PAYMENT OF SUBSIDY COST.— 

10 ‘‘(1) IN GENERAL.—In addition to the require11 ment in subsection (b)(1), no guarantee shall be 

12 made unless the Secretary has received from the 

13 borrower not less than 25 percent of the cost of the 

14 guarantee. 

15 ‘‘(2) ESTIMATE.—The Secretary shall provide 

16 to the borrower, as soon as practicable, an estimate 

17 or range of the cost of the guarantee under para18 graph (1).’’. 

19 (2) CONFORMING AMENDMENT.—Section 

20 1702(b) of the Energy Policy Act of 2005 (42 

21 U.S.C. 16512(b)) is amended— 

22 (A) by striking ‘‘(1) IN GENERAL.—No 

23 guarantee’’ and inserting the following: ‘‘Sub24 ject to subsection (l), no guarantee’’; 


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1 (B) by redesignating subparagraphs (A), 

2 (B), and (C) as paragraphs (1), (2), and (3), 

3 respectively, and indenting appropriately; and 

4 (C) in paragraph (3) (as so redesig5 nated)— 

6 (i) by striking ‘‘subparagraph (A)’’ 

7 and inserting ‘‘paragraph (1)’’; and 

8 (ii) by striking ‘‘subparagraph (B)’’ 

9 and inserting ‘‘paragraph (2)’’. 

10 (3) EFFECTIVE DATE.—The amendments made 

11 by paragraphs (1) and (2) shall take effect on Octo12 ber 1, 2019. 

13 (b) PROHIBITION ON SUBORDINATION OF DEBT.— 

14 Section 1702(d)(3) of the Energy Policy Act of 2005 (42 

15 U.S.C. 16512(d)(3)) is amended by striking ‘‘is not subor16 dinate’’ and inserting ‘‘(including any reorganization, re17 structuring, or termination of the obligation) shall not at 

18 any time be subordinate’’. 

19 (c) LOAN PROGRAM TRANSPARENCY.—Section 1703 

20 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is 

21 amended by adding at the end the following: 

22 ‘‘(f) LOAN STATUS.— 

23 ‘‘(1) REQUEST.—If the Secretary does not 

24 make a final decision on an application for a loan 

25 guarantee under this section by the date that is 270 


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1 days after receipt of the application by the Sec2 retary, on that date and every 90 days thereafter 

3 until the final decision is made, the applicant may 

4 request that the Secretary provide to the applicant 

5 a description of the status of the application. 

6 ‘‘(2) RESPONSE.—Not later than 10 days after 

7 receiving a request from an applicant under para8 graph (1), the Secretary shall provide to the appli9 cant a response that includes— 

10 ‘‘(A) a summary of any factors that are 

11 delaying a final decision on the application; and 

12 ‘‘(B) an estimate of when review of the ap13 plication will be completed.’’. 

14 (d) TEMPORARY PROGRAM FOR RAPID DEPLOYMENT

15 OF RENEWABLE ENERGY AND ELECTRIC POWER TRANS16 MISSION PROJECTS.— 

17 (1) REPEAL.—Section 1705 of the Energy Pol18 icy Act of 2005 (42 U.S.C. 16516) is repealed. 

19 (2) RESCISSION.—There is rescinded the unob20 ligated balance of amounts made available to carry 

21 out the loan guarantee program established under 

22 section 1705 of the Energy Policy Act of 2005 (42 

23 U.S.C. 16516) (before the amendment made by 

24 paragraph (1)). 


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1 (3) MANAGEMENT.—The Secretary shall ensure 

2 rigorous continued management and oversight of all 

3 outstanding loans guaranteed under the program de4 scribed in subsection (b) until those loans have been 

5 repaid in full. 

6 SEC. 4002. STATE LOAN ELIGIBILITY. 

7 (a) DEFINITIONS.—Section 1701 of the Energy Pol8 icy Act of 2005 (42 U.S.C. 16511) is amended by adding 

9 at the end the following: 

10 ‘‘(6) STATE.—The term ‘State’ has the mean11 ing given the term in section 202 of the Energy 

12 Conservation and Production Act (42 U.S.C. 6802). 

13 ‘‘(7) STATE ENERGY FINANCING INSTITU14 TION.— 

15 ‘‘(A) IN GENERAL.—The term ‘State en16 ergy financing institution’ means a quasi-inde17 pendent entity or an entity within a State agen18 cy or financing authority established by a 

19 State— 

20 ‘‘(i) to provide financing support or 

21 credit enhancements, including loan guar22 antees and loan loss reserves, for eligible 

23 projects; and 

24 ‘‘(ii) to create liquid markets for eligi25 ble projects, including warehousing and 


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1 securitization, or take other steps to reduce 

2 financial barriers to the deployment of ex3 isting and new eligible projects. 

4 ‘‘(B) INCLUSION.—The term ‘State energy 

5 financing institution’ includes an entity or orga6 nization established to achieve the purposes de7 scribed in clauses (i) and (ii) of subparagraph 

8 (A) by an Indian tribal entity or an Alaska Na9 tive Corporation.’’. 

10 (b) TERMS AND CONDITIONS.—Section 1702 of the 

11 Energy Policy Act of 2005 (42 U.S.C. 16512) (as amend12 ed by section 4001(a)(1)) is amended— 

13 (1) in subsection (a), by inserting ‘‘or to a 

14 State energy financing institution’’ after ‘‘for 

15 projects’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(m) STATE ENERGY FINANCING INSTITUTIONS.— 

18 ‘‘(1) ELIGIBILITY.—To be eligible for a guar19 antee under this title, a State energy financing insti20 tution— 

21 ‘‘(A) shall meet the requirements of section 

22 1703(a)(1); and 

23 ‘‘(B) shall not be required to meet the re24 quirements of section 1703(a)(2). 


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1 ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car2 rying out a project receiving a loan guarantee under 

3 this title, State energy financing institutions may 

4 enter into partnerships with private entities, tribal 

5 entities, and Alaska Native corporations. 

6 ‘‘(3) PROHIBITION ON USE OF APPROPRIATED

7 FUNDS.—Amounts appropriated to the Department 

8 of Energy before the date of enactment of this sub9 section shall not be available to be used for the cost 

10 of loan guarantees made to State energy financing 

11 institutions under this subsection.’’. 

12 SEC. 4003. FEES FOR LOANS. 

13 Section 136 of the Energy Independence and Security 

14 Act of 2007 (42 U.S.C. 17013) is amended by striking 

15 subsection (f) and inserting the following: 

16 ‘‘(f) FEES.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall charge 

18 and collect fees for loans provided under this section 

19 in amounts that the Secretary determines are suffi20 cient to cover applicable administrative expenses as21 sociated with the loans, including reasonable closing 

22 fees on the loans. 

23 ‘‘(2) AVAILABILITY.—Fees collected under 

24 paragraph (1) shall— 


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1 ‘‘(A) be deposited by the Secretary into the 

2 Treasury; and 

3 ‘‘(B) remain available until expended, sub4 ject to such other conditions as are contained in 

5 annual appropriations Acts.’’. 

6 SEC. 4004. DEPARTMENT OF ENERGY INDIAN ENERGY EDU7 CATION PLANNING AND MANAGEMENT AS8 SISTANCE PROGRAM. 

9 Section 2602(b)(6) of the Energy Policy Act of 1992 

10 (25 U.S.C. 3502(b)(6)) is amended by striking ‘‘2016’’ 

11 and inserting ‘‘2027’’. 

12 Subtitle B—Energy-Water Nexus 

13 SEC. 4101. NEXUS OF ENERGY AND WATER FOR SUSTAIN14 ABILITY. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ENERGY-WATER NEXUS.—The term ‘‘en17 ergy-water nexus’’ means the links between— 

18 (A) the water needed to produce fuels, 

19 electricity, and other forms of energy; and 

20 (B) the energy needed to transport, re21 claim, and treat water and wastewater. 

22 (2) INTERAGENCY COORDINATION COM23 MITTEE.—The term ‘‘Interagency Coordination 

24 Committee’’ means the Committee on the Nexus of 

25 Energy and Water for Sustainability (or the 


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1 ‘‘NEWS Committee’’) established under subsection 

2 (b)(1). 

3 (3) NEXUS OF ENERGY AND WATER SUSTAIN4 ABILITY OFFICE; NEWS OFFICE.—The term ‘‘Nexus 

5 of Energy and Water Sustainability Office’’ or the 

6 ‘‘NEWS Office’’ means an office located at the De7 partment and managed in cooperation with the De8 partment of the Interior pursuant to an agreement 

9 between the 2 agencies to carry out leadership and 

10 administrative functions for the Interagency Coordi11 nation Committee. 

12 (4) RD&D ACTIVITIES.—The term ‘‘RD&D ac13 tivities’’ means research, development, and dem14 onstration activities. 

15 (b) INTERAGENCY COORDINATION COMMITTEE.— 

16 (1) ESTABLISHMENT.—Not later than 180 days 

17 after the date of enactment of this Act, the Sec18 retary and the Secretary of the Interior shall estab19 lish the joint NEWS Office and Interagency Coordi20 nation Committee on the Nexus of Energy and 

21 Water for Sustainability (or the ‘‘NEWS Com22 mittee’’) to carry out the duties described in para23 graph (3). 

24 (2) ADMINISTRATION.— 


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1 (A) CHAIRS.—The Secretary and the Sec2 retary of the Interior shall jointly manage the 

3 NEWS Office and serve as co-chairs of the 

4 Interagency Coordination Committee. 

5 (B) MEMBERSHIP; STAFFING.—Member6 ship and staffing shall be determined by the co7 chairs. 

8 (3) DUTIES.—The Interagency Coordination 

9 Committee shall— 

10 (A) serve as a forum for developing com11 mon Federal goals and plans on energy-water 

12 nexus RD&D activities in coordination with the 

13 National Science and Technology Council; 

14 (B) not later than 1 year after the date of 

15 enactment of this Act, and biannually there16 after, issue a strategic plan on energy-water 

17 nexus RD&D activities priorities and objectives; 

18 (C) convene and promote coordination of 

19 the activities of Federal departments and agen20 cies on energy-water nexus RD&D activities, in21 cluding the activities of— 

22 (i) the Department; 

23 (ii) the Department of the Interior; 

24 (iii) the Corps of Engineers; 

25 (iv) the Department of Agriculture; 


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1 (v) the Department of Defense; 

2 (vi) the Department of State; 

3 (vii) the Environmental Protection 

4 Agency; 

5 (viii) the Council on Environmental 

6 Quality; 

7 (ix) the National Institute of Stand8 ards and Technology; 

9 (x) the National Oceanic and Atmos10 pheric Administration; 

11 (xi) the National Science Foundation; 

12 (xii) the Office of Management and 

13 Budget; 

14 (xiii) the Office of Science and Tech15 nology Policy; 

16 (xiv) the National Aeronautics and 

17 Space Administration; and 

18 (xv) such other Federal departments 

19 and agencies as the Interagency Coordina20 tion Committee considers appropriate; 

21 (D)(i) coordinate and develop capabilities 

22 and methodologies for data collection, manage23 ment, and dissemination of information related 

24 to energy-water nexus RD&D activities from 


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1 and to other Federal departments and agencies; 

2 and 

3 (ii) promote information exchange between 

4 Federal departments and agencies— 

5 (I) to identify and document Federal 

6 and non-Federal programs and funding op7 portunities that support basic and applied 

8 research, development, and demonstration 

9 proposals to advance energy-water nexus 

10 related science and technologies; 

11 (II) to leverage existing programs by 

12 encouraging joint solicitations, block 

13 grants, and matching programs with non14 Federal entities; and 

15 (III) to identify opportunities for do16 mestic and international public-private 

17 partnerships, innovative financing mecha18 nisms, information and data exchange; 

19 (E) promote the integration of energy20 water nexus considerations into existing Federal 

21 water, energy, and other natural resource, in22 frastructure, and science programs at the na23 tional and regional levels and with programs 

24 administered in partnership with non-Federal 

25 entities; and 


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1 (F) not later than 1 year after the date of 

2 enactment of this Act, issue a report on the po3 tential benefits and feasibility of establishing an 

4 energy-water center of excellence within the Na5 tional Laboratories (as that term is defined in 

6 section 2 of the Energy Policy Act of 2005 (42 

7 U.S.C. 15801)). 

8 (4) NO REGULATION.—Nothing in this sub9 section grants to the Interagency Coordination Com10 mittee the authority to promulgate regulations or set 

11 standards. 

12 (5) REVIEW; REPORT.—At the end of the 5- 

13 year period beginning on the date on which the 

14 Interagency Coordination Committee and NEWS Of15 fice are established, the NEWS Office shall— 

16 (A) review the activities, relevance, and ef17 fectiveness of the Interagency Coordination 

18 Committee; and 

19 (B) submit to the Committee on Energy 

20 and Natural Resources of the Senate and the 

21 Committees on Science, Space, and Technology, 

22 Energy and Commerce, and Natural Resources 

23 of the House of Representatives a report that— 

24 (i) describes the results of the review 

25 conducted under subparagraph (A); and 


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1 (ii) includes a recommendation on 

2 whether the Interagency Coordination 

3 Committee should continue. 

4 (c) CROSSCUT BUDGET.—Not later than 30 days 

5 after the President submits the budget of the United 

6 States Government under section 1105 of title 31, United 

7 States Code, the co-chairs of the Interagency Coordination 

8 Committee (acting through the NEWS Office) shall sub9 mit to the Committee on Energy and Natural Resources 

10 of the Senate and the Committees on Science, Space, and 

11 Technology, Energy and Commerce, and Natural Re12 sources of the House of Representatives, an interagency 

13 budget crosscut report that displays at the program-, 

14 project-, and activity-level for each of the Federal agencies 

15 that carry out or support (including through grants, con16 tracts, interagency and intraagency transfers, and 

17 multiyear and no-year funds) basic and applied RD&D ac18 tivities to advance the energy-water nexus related science 

19 and technologies— 

20 (1) the budget proposed in the budget request 

21 of the President for the upcoming fiscal year; 

22 (2) expenditures and obligations for the prior 

23 fiscal year; and 

24 (3) estimated expenditures and obligations for 

25 the current fiscal year. 


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1 SEC. 4102. SMART ENERGY AND WATER EFFICIENCY PILOT 

2 PROGRAM. 

3 Subtitle A of title IX of the Energy Policy Act of 

4 2005 (42 U.S.C. 16191 et seq.) is amended by adding at 

5 the end the following: 

6 ‘‘SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT 

7 PROGRAM. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) a utility; 

12 ‘‘(B) a municipality; 

13 ‘‘(C) a water district; 

14 ‘‘(D) an Indian tribe or Alaska Native vil15 lage; and 

16 ‘‘(E) any other authority that provides 

17 water, wastewater, or water reuse services. 

18 ‘‘(2) SMART ENERGY AND WATER EFFICIENCY

19 PILOT PROGRAM.—The term ‘smart energy and 

20 water efficiency pilot program’ or ‘pilot program’ 

21 means the pilot program established under sub22 section (b). 

23 ‘‘(b) SMART ENERGY AND WATER EFFICIENCY

24 PILOT PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish and carry out a smart energy and water effi3 ciency pilot program in accordance with this section. 

4 ‘‘(2) PURPOSE.—The purpose of the smart en5 ergy and water efficiency pilot program is to award 

6 grants to eligible entities to demonstrate unique, ad7 vanced, or innovative technology-based solutions that 

8 will— 

9 ‘‘(A) improve the net energy balance of 

10 water, wastewater, and water reuse systems; 

11 ‘‘(B) improve the net energy balance of 

12 water, wastewater, and water reuse systems to 

13 help communities across the United States 

14 make measurable progress in conserving water, 

15 saving energy, and reducing costs; 

16 ‘‘(C) support the implementation of inno17 vative and unique processes and the installation 

18 of established advanced automated systems that 

19 provide real-time data on energy and water; and 

20 ‘‘(D) improve energy-water conservation 

21 and quality and predictive maintenance through 

22 technologies that utilize internet connected 

23 technologies, including sensors, intelligent gate24 ways, and security embedded in hardware. 

25 ‘‘(3) PROJECT SELECTION.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 make competitive, merit-reviewed grants under 

3 the pilot program to not less than 3, but not 

4 more than 5, eligible entities. 

5 ‘‘(B) SELECTION CRITERIA.—In selecting 

6 an eligible entity to receive a grant under the 

7 pilot program, the Secretary shall consider— 

8 ‘‘(i) energy and cost savings; 

9 ‘‘(ii) the uniqueness, commercial via10 bility, and reliability of the technology to 

11 be used; 

12 ‘‘(iii) the degree to which the project 

13 integrates next-generation sensors soft14 ware, analytics, and management tools; 

15 ‘‘(iv) the anticipated cost-effectiveness 

16 of the pilot project through measurable en17 ergy savings, water savings or reuse, and 

18 infrastructure costs averted; 

19 ‘‘(v) whether the technology can be 

20 deployed in a variety of geographic regions 

21 and the degree to which the technology can 

22 be implemented in a wide range of applica23 tions ranging in scale from small towns to 

24 large cities, including tribal communities; 


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1 ‘‘(vi) whether the technology has been 

2 successfully deployed elsewhere; 

3 ‘‘(vii) whether the technology was 

4 sourced from a manufacturer based in the 

5 United States; and 

6 ‘‘(viii) whether the project will be 

7 completed in 5 years or less. 

8 ‘‘(C) APPLICATIONS.— 

9 ‘‘(i) IN GENERAL.—Subject to clause 

10 (ii), an eligible entity seeking a grant 

11 under the pilot program shall submit to 

12 the Secretary an application at such time, 

13 in such manner, and containing such infor14 mation as the Secretary determines to be 

15 necessary. 

16 ‘‘(ii) CONTENTS.—An application 

17 under clause (i) shall, at a minimum, in18 clude— 

19 ‘‘(I) a description of the project; 

20 ‘‘(II) a description of the tech21 nology to be used in the project; 

22 ‘‘(III) the anticipated results, in23 cluding energy and water savings, of 

24 the project; 


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1 ‘‘(IV) a comprehensive budget for 

2 the project; 

3 ‘‘(V) the names of the project 

4 lead organization and any partners; 

5 ‘‘(VI) the number of users to be 

6 served by the project; 

7 ‘‘(VII) a description of the ways 

8 in which the proposal would meet per9 formance measures established by the 

10 Secretary; and 

11 ‘‘(VIII) any other information 

12 that the Secretary determines to be 

13 necessary to complete the review and 

14 selection of a grant recipient. 

15 ‘‘(4) ADMINISTRATION.— 

16 ‘‘(A) IN GENERAL.—Not later than 300 

17 days after the date of enactment of this section, 

18 the Secretary shall select grant recipients under 

19 this section. 

20 ‘‘(B) EVALUATIONS.— 

21 ‘‘(i) ANNUAL EVALUATIONS.—The 

22 Secretary shall annually carry out an eval23 uation of each project for which a grant is 

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1 oped by the Secretary, consistent with the 

2 purposes of this section. 

3 ‘‘(ii) REQUIREMENTS.—Consistent 

4 with the performance measures and bench5 marks developed under clause (i), in car6 rying out an evaluation under that clause, 

7 the Secretary shall— 

8 ‘‘(I) evaluate the progress and 

9 impact of the project; and 

10 ‘‘(II) assesses the degree to 

11 which the project is meeting the goals 

12 of the pilot program. 

13 ‘‘(C) TECHNICAL AND POLICY ASSIST14 ANCE.—On the request of a grant recipient, the 

15 Secretary shall provide technical and policy as16 sistance. 

17 ‘‘(D) BEST PRACTICES.—The Secretary 

18 shall make available to the public through the 

19 Internet and other means the Secretary con20 siders to be appropriate— 

21 ‘‘(i) a copy of each evaluation carried 

22 out under subparagraph (B); and 

23 ‘‘(ii) a description of any best prac24 tices identified by the Secretary as a result 

25 of those evaluations. 


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1 ‘‘(E) REPORT TO CONGRESS.—The Sec2 retary shall submit to Congress a report con3 taining the results of each evaluation carried 

4 out under subparagraph (B). 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to carry out this section 

7 $15,000,000, to remain available until expended.’’. 

8 Subtitle C—Innovation and Office 

9 of Science 

10 PART I—INNOVATION 

11 SEC. 4201. INCLUSION OF EARLY STAGE TECHNOLOGY 

12 DEMONSTRATION IN AUTHORIZED TECH13 NOLOGY TRANSFER ACTIVITIES. 

14 Section 1001 of the Energy Policy Act of 2005 (42 

15 U.S.C. 16391) is amended— 

16 (1) by redesignating subsection (g) as sub17 section (h); and 

18 (2) by inserting after subsection (f) the fol19 lowing: 

20 ‘‘(g) EARLY STAGE TECHNOLOGY DEMONSTRA21 TION.—The Secretary shall permit the directors of the Na22 tional Laboratories to use funds authorized to support 

23 technology transfer within the Department to carry out 

24 early stage and precommercial technology demonstration 

25 activities to remove technology barriers that limit private 


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1 sector interest and demonstrate potential commercial ap2 plications of any research and technologies arising from 

3 National Laboratory activities.’’. 

4 SEC. 4202. SENSE OF CONGRESS ON ACCELERATING EN5 ERGY INNOVATION. 

6 It is the sense of Congress that— 

7 (1) although important progress has been made 

8 in cost reduction and deployment of clean energy 

9 technologies, accelerating clean energy innovation 

10 will help meet critical competitiveness, energy secu11 rity, and environmental goals; 

12 (2) accelerating the pace of clean energy inno13 vation in the United States calls for— 

14 (A) supporting existing research and devel15 opment programs at the Department and the 

16 world-class National Laboratories (as defined in 

17 section 2 of the Energy Policy Act of 2005 (42 

18 U.S.C. 15801)); 

19 (B) exploring and developing new path20 ways for innovators, investors, and decision21 makers to leverage the resources of the Depart22 ment for addressing the challenges and com23 parative strengths of geographic regions; and 

24 (C) recognizing the financial constraints of 

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1 ergy programs to ensure that taxpayer invest2 ments are maximized; 

3 (3) the energy supply, demand, policies, mar4 kets, and resource options of the United States vary 

5 by geographic region; 

6 (4) a regional approach to innovation can 

7 bridge the gaps between local talent, institutions, 

8 and industries to identify opportunities and convert 

9 United States investment into domestic companies; 

10 and 

11 (5) Congress, the Secretary, and energy indus12 try participants should advance efforts that promote 

13 international, domestic, and regional cooperation on 

14 the research and development of energy innovations 

15 that— 

16 (A) provide clean, affordable, and reliable 

17 energy for everyone; 

18 (B) promote economic growth; 

19 (C) are critical for energy security; and 

20 (D) are sustainable without government 

21 support. 

22 SEC. 4203. RESTORATION OF LABORATORY DIRECTED RE23 SEARCH AND DEVELOPMENT PROGRAM. 

24 The Secretary shall ensure that laboratory operating 

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1 trative overhead to laboratory directed research and devel2 opment. 

3 SEC. 4204. RESEARCH GRANTS DATABASE. 

4 (a) IN GENERAL.—The Secretary shall establish and 

5 maintain a public database, accessible on the website of 

6 the Department, that contains a searchable listing of each 

7 unclassified research and development project contract, 

8 grant, cooperative agreement, task order for a federally 

9 funded research and development center, or other trans10 action administered by the Department. 

11 (b) CLASSIFIED PROJECTS.—Each year, the Sec12 retary shall submit to the appropriate committees of Con13 gress a report that contains a listing of each classified re14 search and development project contract, grant, coopera15 tive agreement, task order for a federally funded research 

16 and development center, or other transaction administered 

17 by the Department, including all relevant details of the 

18 projects. 

19 (c) REQUIREMENTS.—Each listing described in sub20 sections (a) and (b) shall include, at a minimum, for each 

21 listed project, the Department office carrying out the 

22 project, the project name, an abstract or summary of the 

23 project, funding levels, project duration, contractor or 

24 grantee name (including the names of any subcontrac25 tors), and expected objectives and milestones. 


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1 (d) RELEVANT LITERATURE AND PATENTS.—The 

2 Secretary shall provide information through the public 

3 database established under subsection (a) on relevant lit4 erature and patents that are associated with each research 

5 and development project contract, grant, or cooperative 

6 agreement, or other transaction, of the Department. 

7 SEC. 4205. TECHNOLOGY TRANSFER AND TRANSITIONS AS8 SESSMENT. 

9 Not later than 1 year after the date of enactment 

10 of this Act, and as often as the Secretary determines to 

11 be necessary thereafter, the Secretary shall transmit to the 

12 appropriate committees of Congress a report that includes 

13 recommended changes to the policy of the Department and 

14 legislative changes to section 1001 of the Energy Policy 

15 Act of 2005 (42 U.S.C. 16391) to improve the ability of 

16 the Department to successfully transfer new energy tech17 nologies to the private sector. 

18 SEC. 4206. AGREEMENTS FOR COMMERCIALIZING TECH19 NOLOGY PILOT PROGRAM. 

20 (a) IN GENERAL.—The Secretary shall carry out the 

21 Agreements for Commercializing Technology pilot pro22 gram of the Department, as announced by the Secretary 

23 on December 8, 2011, in accordance with this section. 

24 (b) TERMS.—Each agreement entered into pursuant 

25 to the pilot program referred to in subsection (a) shall 


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1 provide to the contractor of the applicable National Lab2 oratory, to the maximum extent determined to be appro3 priate by the Secretary, increased authority to negotiate 

4 contract terms, such as intellectual property rights, pay5 ment structures, performance guarantees, and multiparty 

6 collaborations. 

7 (c) ELIGIBILITY.— 

8 (1) IN GENERAL.—Any director of a National 

9 Laboratory may enter into an agreement pursuant 

10 to the pilot program referred to in subsection (a). 

11 (2) AGREEMENTS WITH NON-FEDERAL ENTI12 TIES.—To carry out paragraph (1) and subject to 

13 paragraph (3), the Secretary shall permit the direc14 tors of the National Laboratories to execute agree15 ments with a non-Federal entity, including a non16 Federal entity already receiving Federal funding 

17 that will be used to support activities under agree18 ments executed pursuant to paragraph (1), provided 

19 that such funding is solely used to carry out the 

20 purposes of the Federal award. 

21 (3) RESTRICTION.—The requirements of chap22 ter 18 of title 35, United States Code (commonly 

23 known as the ‘‘Bayh-Dole Act’’), shall apply if— 


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1 (A) the agreement is a funding agreement 

2 (as that term is defined in section 201 of that 

3 title); and 

4 (B) at least one of the parties to the fund5 ing agreement is eligible to receive rights under 

6 that chapter. 

7 (d) SUBMISSION TO SECRETARY.—Each affected di8 rector of a National Laboratory shall submit to the Sec9 retary, with respect to each agreement entered into under 

10 this section— 

11 (1) a summary of information relating to the 

12 relevant project; 

13 (2) the total estimated costs of the project; 

14 (3) estimated commencement and completion 

15 dates of the project; and 

16 (4) other documentation determined to be ap17 propriate by the Secretary. 

18 (e) CERTIFICATION.—The Secretary shall require the 

19 contractor of the affected National Laboratory to certify 

20 that each activity carried out under a project for which 

21 an agreement is entered into under this section— 

22 (1) is not in direct competition with the private 

23 sector; and 

24 (2) does not present, or minimizes, any appar25 ent conflict of interest, and avoids or neutralizes any 


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1 actual conflict of interest, as a result of the agree2 ment under this section. 

3 (f) EXTENSION.—The pilot program referred to in 

4 subsection (a) shall be extended until September 30, 2019. 

5 (g) REPORTS.— 

6 (1) OVERALL ASSESSMENT.—Not later than 60 

7 days after the date described in subsection (f), the 

8 Secretary, in coordination with directors of the Na9 tional Laboratories, shall submit to the appropriate 

10 committees of Congress a report that— 

11 (A) assesses the overall effectiveness of the 

12 pilot program referred to in subsection (a); 

13 (B) identifies opportunities to improve the 

14 effectiveness of the pilot program; 

15 (C) assesses the potential for program ac16 tivities to interfere with the responsibilities of 

17 the National Laboratories to the Department; 

18 and 

19 (D) provides a recommendation regarding 

20 the future of the pilot program. 

21 (2) TRANSPARENCY.—The Secretary, in coordi22 nation with directors of the National Laboratories, 

23 shall submit to the appropriate committees of Con24 gress an annual report that accounts for all 

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1 Federal entities using funds derived from a Federal 

2 contract or award to carry out agreements pursuant 

3 to this section. 

4 SEC. 4207. SHORT-TERM COST-SHARE PILOT PROGRAM. 

5 (a) IN GENERAL.—Section 988(b) of the Energy Pol6 icy Act of 2005 (42 U.S.C. 16352(b)) is amended— 

7 (1) in paragraph (1), by striking ‘‘Except as 

8 provided in paragraphs (2) and (3)’’ and inserting 

9 ‘‘Except as provided in paragraphs (2), (3), (4), and 

10 (5)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGH13 ER EDUCATION AND OTHER NONPROFIT INSTITU14 TIONS.— 

15 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

16 not apply to a research or development activity 

17 performed by an institution of higher education 

18 or nonprofit institution (as defined in section 4 

19 of the Stevenson-Wydler Technology Innovation 

20 Act of 1980 (15 U.S.C. 3703)). 

21 ‘‘(B) TERMINATION DATE.—The exemp22 tion under subparagraph (A) shall apply during 

23 the 2-year period beginning on the date of en24 actment of this paragraph. 


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1 ‘‘(5) REDUCED COST-SHARING REQUIREMENT

2 FOR SMALL BUSINESS CONCERNS.— 

3 ‘‘(A) IN GENERAL.—The non-Federal 

4 share required under this subsection for a small 

5 business concern (as defined in section 3 of the 

6 Small Business Act (15 U.S.C. 632)) shall be 

7 10 percent. 

8 ‘‘(B) TIMING.—A small business concern 

9 shall not be required to make the non-Federal 

10 contribution applicable to the small business 

11 concern under subparagraph (A) before the 

12 date that is 180 days after the date on which 

13 the award is provided to the small business con14 cern.’’. 

15 (b) REPORTS.— 

16 (1) INITIAL REPORT.—As soon as practicable 

17 after the date of enactment of this Act, the Sec18 retary shall submit to the appropriate committees of 

19 Congress a report that describes the use of cost20 sharing waivers by the Department under section 

21 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 

22 16352(b)) during the 2-year period ending on the 

23 date of enactment of this Act. 

24 (2) ANNUAL REPORTS.—Annually during the 2- 

25 year period beginning on the date of enactment of 


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1 this Act, the Secretary shall submit to the appro2 priate committees of Congress a report that de3 scribes the use of cost-sharing waivers by the De4 partment under section 988(b) of the Energy Policy 

5 Act of 2005 (42 U.S.C. 16352(b)) during the period 

6 covered by the report. 

7 SEC. 4208. QUADRENNIAL ENERGY REVIEW. 

8 (a) IN GENERAL.—Section 801 of the Department of 

9 Energy Organization Act (42 U.S.C. 7321) is amended 

10 to read as follows: 

11 ‘‘SEC. 801. QUADRENNIAL ENERGY REVIEW. 

12 ‘‘(a) QUADRENNIAL ENERGY REVIEW TASK

13 FORCE.— 

14 ‘‘(1) ESTABLISHMENT.—The President shall es15 tablish a Quadrennial Energy Review Task Force 

16 (referred to in this section as the ‘Task Force’) to 

17 coordinate the Quadrennial Energy Review. 

18 ‘‘(2) COCHAIRPERSONS.—The President shall 

19 designate appropriate senior Federal Government of20 ficials to be cochairpersons of the Task Force. 

21 ‘‘(3) MEMBERSHIP.—The Task Force may be 

22 comprised of representatives at level I or II of the 

23 Executive Schedule of— 

24 ‘‘(A) the Department; 

25 ‘‘(B) the Department of Commerce; 


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1 ‘‘(C) the Department of Defense; 

2 ‘‘(D) the Department of State; 

3 ‘‘(E) the Department of the Interior; 

4 ‘‘(F) the Department of Agriculture; 

5 ‘‘(G) the Department of the Treasury; 

6 ‘‘(H) the Department of Transportation; 

7 ‘‘(I) the Department of Homeland Secu8 rity; 

9 ‘‘(J) the Office of Management and Budg10 et; 

11 ‘‘(K) the National Science Foundation; 

12 ‘‘(L) the Environmental Protection Agen13 cy; and 

14 ‘‘(M) such other Federal agencies, and en15 tities within the Executive Office of the Presi16 dent, as the President considers to be appro17 priate. 

18 ‘‘(b) CONDUCT OF REVIEW.— 

19 ‘‘(1) IN GENERAL.—Each Quadrennial Energy 

20 Review shall be conducted to— 

21 ‘‘(A) provide an integrated view of impor22 tant national energy objectives and Federal en23 ergy policy; and 


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1 ‘‘(B) identify the maximum practicable 

2 alignment of research programs, incentives, reg3 ulations, and partnerships. 

4 ‘‘(2) ELEMENTS.—A Quadrennial Energy Re5 view shall— 

6 ‘‘(A) establish integrated, governmentwide 

7 national energy objectives in the context of eco8 nomic, environmental, and security priorities; 

9 ‘‘(B) recommend coordinated actions 

10 across Federal agencies; 

11 ‘‘(C) assess and recommend priorities for 

12 research, development, and demonstration; 

13 ‘‘(D) provide a strong analytical base for 

14 Federal energy policy decisions; 

15 ‘‘(E) consider reasonable estimates of fu16 ture Federal budgetary resources when making 

17 recommendations; and 

18 ‘‘(F) be conducted with substantial input 

19 from— 

20 ‘‘(i) Congress; 

21 ‘‘(ii) the energy industry; 

22 ‘‘(iii) academia; 

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1 ‘‘(v) nongovernmental organizations; 

2 and 

3 ‘‘(vi) the public. 

4 ‘‘(c) SUBMISSION OF QUADRENNIAL ENERGY RE5 VIEW TO CONGRESS.— 

6 ‘‘(1) IN GENERAL.—The President— 

7 ‘‘(A) shall publish and submit to Congress 

8 a report on the Quadrennial Energy Review 

9 once every 4 years; and 

10 ‘‘(B) more frequently than once every 4 

11 years, as the President determines to be appro12 priate, may prepare and publish interim reports 

13 as part of the Quadrennial Energy Review. 

14 ‘‘(2) INCLUSIONS.—The reports described in 

15 paragraph (1) shall address or consider, as appro16 priate— 

17 ‘‘(A) an integrated view of short-term, in18 termediate-term, and long-term objectives for 

19 Federal energy policy in the context of eco20 nomic, environmental, and security priorities; 

21 ‘‘(B) potential executive actions (including 

22 programmatic, regulatory, and fiscal actions) 

23 and resource requirements— 

24 ‘‘(i) to achieve the objectives described 

25 in subparagraph (A); and 


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1 ‘‘(ii) to be coordinated across multiple 

2 agencies; 

3 ‘‘(C) analysis of the existing and prospec4 tive roles of parties (including academia, indus5 try, consumers, the public, and Federal agen6 cies) in achieving the objectives described in 

7 subparagraph (A), including— 

8 ‘‘(i) an analysis by energy use sector, 

9 including— 

10 ‘‘(I) commercial and residential 

11 buildings; 

12 ‘‘(II) the industrial sector; 

13 ‘‘(III) transportation; and 

14 ‘‘(IV) electric power; 

15 ‘‘(ii) requirements for invention, adop16 tion, development, and diffusion of energy 

17 technologies as they relate to each of the 

18 energy use sectors; and 

19 ‘‘(iii) other research that informs 

20 strategies to incentivize desired actions; 

21 ‘‘(D) assessment of policy options to in22 crease domestic energy supplies and energy effi23 ciency; 

24 ‘‘(E) evaluation of national and regional 

25 energy storage, transmission, and distribution 


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1 requirements, including requirements for renew2 able energy; 

3 ‘‘(F) portfolio assessments that describe 

4 the optimal deployment of resources, including 

5 prioritizing financial resources for energy-rel6 evant programs; 

7 ‘‘(G) mapping of the linkages among basic 

8 research and applied programs, demonstration 

9 programs, and other innovation mechanisms 

10 across the Federal agencies; 

11 ‘‘(H) identification of demonstration 

12 projects; 

13 ‘‘(I) identification of public and private 

14 funding needs for various energy technologies, 

15 systems, and infrastructure, including consider16 ation of public-private partnerships, loans, and 

17 loan guarantees; 

18 ‘‘(J) assessment of global competitors and 

19 an identification of programs that can be en20 hanced with international cooperation; 

21 ‘‘(K) identification of policy gaps that need 

22 to be filled to accelerate the adoption and diffu23 sion of energy technologies, including consider24 ation of— 

25 ‘‘(i) Federal tax policies; and 


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1 ‘‘(ii) the role of Federal agencies as 

2 early adopters and purchasers of new en3 ergy technologies; 

4 ‘‘(L) priority listing for implementation of 

5 objectives and actions taking into account esti6 mated Federal budgetary resources; 

7 ‘‘(M) analysis of— 

8 ‘‘(i) points of maximum leverage for 

9 policy intervention to achieve outcomes; 

10 and 

11 ‘‘(ii) areas of energy policy that can 

12 be most effective in meeting national goals 

13 for the energy sector; and 

14 ‘‘(N) recommendations for executive 

15 branch organization changes to facilitate the 

16 development and implementation of Federal en17 ergy policies. 

18 ‘‘(d) REPORT DEVELOPMENT.—The Secretary shall 

19 provide such support for the Quadrennial Energy Review 

20 with the necessary analytical, financial, and administrative 

21 support for the conduct of each Quadrennial Energy Re22 view required under this section as may be requested by 

23 the cochairpersons designated under subsection (a)(2). 

24 ‘‘(e) COOPERATION.—The heads of applicable Fed25 eral agencies shall cooperate with the Secretary and proVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 vide such assistance, information, and resources as the 

2 Secretary may require to assist in carrying out this sec3 tion.’’. 

4 (b) TABLE OF CONTENTS AMENDMENT.—The item 

5 relating to section 801 in the table of contents of such 

6 Act is amended to read as follows: 

‘‘Sec. 801. Quadrennial Energy Review.’’. 

7 (c) ADMINISTRATION.—Nothing in this section or an 

8 amendment made by this section supersedes, modifies, 

9 amends, or repeals any provision of Federal law not ex10 pressly superseded, modified, amended, or repealed by this 

11 section. 

12 SEC. 4209. CROSSCUTTING RESEARCH AND DEVELOPMENT. 

13 (a) IN GENERAL.—The Secretary shall use the capa14 bilities of the Department to identify strategic opportuni15 ties for collaborative research, development, demonstra16 tion, and commercial application of innovative science and 

17 technologies. 

18 (b) EXISTING PROGRAMS; COORDINATION OF ACTIVI19 TIES.—To the maximum extent practicable, the Secretary 

20 shall seek— 

21 (1) to leverage existing programs of the Depart22 ment; and 

23 (2) to consolidate and coordinate activities 

24 throughout the Department to promote collaboration 


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1 and crosscutting approaches within programs of the 

2 Department. 

3 (c) ADDITIONAL ACTIONS.—The Secretary shall— 

4 (1) prioritize activities that use all affordable 

5 domestic resources; 

6 (2) develop a planning, evaluation, and tech7 nical assessment framework for setting objective 

8 long-term strategic goals and evaluating progress 

9 that— 

10 (A) ensures integrity and independence; 

11 and 

12 (B) provides the flexibility to adapt to 

13 market dynamics; 

14 (3) ensure that activities shall be undertaken in 

15 a manner that does not duplicate other activities 

16 within the Department or other Federal Government 

17 activities; and 

18 (4) identify programs that may be more effec19 tively left to the States, industry, nongovernmental 

20 organizations, institutions of higher education, or 

21 other stakeholders. 


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1 SEC. 4210. STRATEGIC RESEARCH PORTFOLIO ANALYSIS 

2 AND COORDINATION PLAN. 

3 The Energy Policy Act of 2005 is amended by strik4 ing section 994 (42 U.S.C. 16358) and inserting the fol5 lowing: 

6 ‘‘SEC. 994. STRATEGIC RESEARCH PORTFOLIO ANALYSIS 

7 AND COORDINATION PLAN. 

8 ‘‘(a) IN GENERAL.—The Secretary shall periodically 

9 review all of the science and technology activities of the 

10 Department in a strategic framework that takes into ac11 count— 

12 ‘‘(1) the frontiers of science to which the De13 partment can contribute; 

14 ‘‘(2) the national needs relevant to the statu15 tory missions of the Department; and 

16 ‘‘(3) global energy dynamics. 

17 ‘‘(b) COORDINATION ANALYSIS AND PLAN.— 

18 ‘‘(1) IN GENERAL.—As part of the review under 

19 subsection (a), the Secretary shall develop a plan to 

20 improve coordination and collaboration in research, 

21 development, demonstration, and commercial appli22 cation activities across organizational boundaries of 

23 the Department. 

24 ‘‘(2) PLAN CONTENTS.—The plan developed 

25 under paragraph (1) shall describe— 


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1 ‘‘(A) crosscutting scientific and technical 

2 issues and research questions that span more 

3 than 1 program or major office of the Depart4 ment; 

5 ‘‘(B) ways in which the applied technology 

6 programs of the Department are coordinating 

7 activities and addressing the questions referred 

8 to in subparagraph (A); 

9 ‘‘(C) ways in which the technical inter10 change within the Department, particularly be11 tween the Office of Science and the applied 

12 technology programs, could be enhanced, in13 cluding ways in which the research agendas of 

14 the Office of Science and the applied programs 

15 could better interact and assist each other; 

16 ‘‘(D) ways in which the Secretary would 

17 ensure that the overall research agenda of the 

18 Department includes, in addition to funda19 mental, curiosity-driven research, fundamental 

20 research related to topics of concern to the ap21 plied programs, and applications in Depart22 mental technology programs of research results 

23 generated by fundamental, curiosity-driven re24 search; 


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1 ‘‘(E) critical assessments of any ongoing 

2 programs that have experienced subpar per3 formance or cost overruns of 10 percent or 

4 more over 1 or more years; 

5 ‘‘(F) any activities that may be more effec6 tively left to the States, industry, nongovern7 mental organizations, institutions of higher edu8 cation, or other stakeholders; and 

9 ‘‘(G) detailed evaluations and proposals for 

10 innovation hubs, institutes, and research cen11 ters of the Department, including— 

12 ‘‘(i) an affirmation that the hubs, in13 stitutes, and research centers will— 

14 ‘‘(I) advance the mission of the 

15 Department; and 

16 ‘‘(II) prioritize research, develop17 ment, and demonstration; and 

18 ‘‘(ii) an affirmation that any hubs, in19 stitutes, or research centers that are estab20 lished or renewed within the Office of 

21 Science are consistent with the mission of 

22 the Office of Science described in sub23 section (c) of section 209 of the Depart24 ment of Energy Organization Act (42 

25 U.S.C. 7139). 


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1 ‘‘(c) SUBMISSION TO CONGRESS.—Every 4 years, the 

2 Secretary shall submit to Congress— 

3 ‘‘(1) the results of the review under subsection 

4 (a); and 

5 ‘‘(2) the coordination plan under subsection 

6 (b).’’. 

7 SEC. 4211. STRATEGY FOR FACILITIES AND INFRASTRUC8 TURE. 

9 (a) AMENDMENTS.—Section 993 of the Energy Pol10 icy Act of 2005 (42 U.S.C. 16357) is amended— 

11 (1) by striking the section heading and insert12 ing the following: ‘‘STRATEGY FOR FACILITIES

13 AND INFRASTRUCTURE’’; and 

14 (2) in subsection (b)(1), by striking ‘‘2008’’ 

15 and inserting ‘‘2019’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1(b) of the Energy Policy Act of 2005 is amend18 ed by striking the item relating to section 993 and insert19 ing the following: 

‘‘Sec. 993. Strategy for facilities and infrastructure.’’. 

20 SEC. 4212. ENERGY INNOVATION HUBS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ADVANCED ENERGY TECHNOLOGY.—The 

23 term ‘‘advanced energy technology’’ means— 

24 (A) an innovative technology— 


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1 (i) that produces energy from solar, 

2 wind, geothermal, biomass, tidal, wave, 

3 ocean, or other renewable energy resources; 

4 (ii) that produces nuclear energy; 

5 (iii) for carbon capture and sequestra6 tion; 

7 (iv) that enables advanced vehicles, 

8 vehicle components, and related tech9 nologies that result in significant energy 

10 savings; 

11 (v) that generates, transmits, distrib12 utes, uses, or stores energy more efficiently 

13 than conventional technologies, including 

14 through Smart Grid technologies; or 

15 (vi) that enhances the energy inde16 pendence and security of the United States 

17 by enabling improved or expanded supply 

18 and production of domestic energy re19 sources, including coal, oil, and natural 

20 gas; 

21 (B) a research, development, demonstra22 tion, or commercial application activity nec23 essary to ensure the long-term, secure, and sus24 tainable supply of an energy-critical element; or 


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1 (C) any other innovative energy technology 

2 area identified by the Secretary. 

3 (2) HUB.— 

4 (A) IN GENERAL.—The term ‘‘Hub’’ 

5 means an Energy Innovation Hub established 

6 under this section. 

7 (B) INCLUSION.—The term ‘‘Hub’’ in8 cludes any Energy Innovation Hub in existence 

9 on the date of enactment of this Act. 

10 (3) QUALIFYING ENTITY.—The term ‘‘quali11 fying entity’’ means— 

12 (A) an institution of higher education; 

13 (B) an appropriate State or Federal entity, 

14 including a federally funded research and devel15 opment center of the Department; 

16 (C) a nongovernmental organization with 

17 expertise in advanced energy technology re18 search, development, demonstration, or com19 mercial application; or 

20 (D) any other relevant entity the Secretary 

21 determines appropriate. 

22 (b) AUTHORIZATION OF PROGRAM.— 

23 (1) IN GENERAL.—The Secretary shall carry 

24 out a program to enhance the economic, environ25 mental, and energy security of the United States by 


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1 making awards to consortia for establishing and op2 erating hubs, to be known as ‘‘Energy Innovation 

3 Hubs’’, to conduct and support at, if practicable, 1 

4 centralized location, multidisciplinary, collaborative 

5 research, development, demonstration, and commer6 cial application of advanced energy technologies. 

7 (2) TECHNOLOGY DEVELOPMENT FOCUS.—The 

8 Secretary shall designate for each Hub a unique ad9 vanced energy technology or basic research focus. 

10 (3) COORDINATION.—The Secretary shall en11 sure the coordination of, and avoid unnecessary du12 plication of, the activities of each Hub with the ac13 tivities of— 

14 (A) other research entities of the Depart15 ment, including the National Laboratories, the 

16 Advanced Research Projects Agency—Energy, 

17 and Energy Frontier Research Centers; and 

18 (B) industry. 

19 (c) APPLICATION PROCESS.— 

20 (1) ELIGIBILITY.—To be eligible to receive an 

21 award for the establishment and operation of a Hub 

22 under subsection (b)(1), a consortium shall— 

23 (A) be composed of not fewer than 2 quali24 fying entities; 


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1 (B) operate subject to a binding agree2 ment, entered into by each member of the con3 sortium, that documents— 

4 (i) the proposed partnership agree5 ment, including the governance and man6 agement structure of the Hub; 

7 (ii) measures the consortium will un8 dertake to enable cost-effective implemen9 tation of activities under the program de10 scribed in subsection (b)(1); and 

11 (iii) a proposed budget, including fi12 nancial contributions from non-Federal 

13 sources; and 

14 (C) operate as a nonprofit organization. 

15 (2) APPLICATION.— 

16 (A) IN GENERAL.—A consortium seeking 

17 to establish and operate a Hub under sub18 section (b)(1) shall submit to the Secretary an 

19 application at such time, in such manner, and 

20 containing such information as the Secretary 

21 may require, including a detailed description of 

22 each element of the consortium agreement re23 quired under paragraph (1)(B). 

24 (B) REQUIREMENT.—If the consortium 

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1 cation, the application under subparagraph (A) 

2 shall include a communications plan that en3 sures close coordination and integration of Hub 

4 activities. 

5 (3) SELECTION.— 

6 (A) IN GENERAL.—The Secretary shall se7 lect consortia for awards for the establishment 

8 and operation of Hubs through a competitive 

9 selection process. 

10 (B) CONSIDERATIONS.—In selecting con11 sortia under subparagraph (A), the Secretary 

12 shall consider— 

13 (i) the information disclosed by the 

14 consortium under this subsection; and 

15 (ii) any existing facilities a consortium 

16 will provide for Hub activities. 

17 (d) TERM.— 

18 (1) IN GENERAL.—An award made to a Hub 

19 under this section shall be for a period of not more 

20 than 5 years, subject to the availability of appropria21 tions, after which the award may be renewed for 1 

22 or more additional 5-year periods, subject to a rig23 orous merit review. 


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1 (2) EXISTING HUBS.—A Hub already in exist2 ence on, or undergoing a renewal process on, the 

3 date of enactment of this Act— 

4 (A) may continue to receive support during 

5 the 5-year period beginning on the date of es6 tablishment of that Hub; and 

7 (B) shall be eligible for renewal of that 

8 support at the end of that 5-year period for 1 

9 or more additional 5-year periods, subject to a 

10 rigorous merit review. 

11 (e) HUB OPERATIONS.— 

12 (1) IN GENERAL.—Each Hub shall conduct or 

13 provide for multidisciplinary, collaborative research, 

14 development, demonstration, and commercial appli15 cation of advanced energy technologies within the 

16 technology development focus designated under sub17 section (b)(2). 

18 (2) ACTIVITIES.—Each Hub shall— 

19 (A) encourage collaboration and commu20 nication among the member qualifying entities 

21 of the consortium and awardees; 

22 (B) develop and publish proposed plans 

23 and programs on a publicly accessible website; 


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1 (C) submit an annual report to the De2 partment summarizing the activities of the 

3 Hub, including— 

4 (i) detailing organizational expendi5 tures; and 

6 (ii) describing each project under7 taken by the Hub; and 

8 (D) monitor project implementation and 

9 coordination. 

10 (3) CONFLICTS OF INTEREST.—Each Hub shall 

11 maintain conflict of interest procedures, consistent 

12 with the conflict of interest procedures of the De13 partment. 

14 (4) PROHIBITION ON CONSTRUCTION.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B)— 

17 (i) no funds provided under this sec18 tion may be used for construction of new 

19 buildings or facilities for Hubs; and 

20 (ii) construction of new buildings or 

21 facilities shall not be considered as part of 

22 the non-Federal share of a Hub cost-shar23 ing agreement. 

24 (B) TEST BED AND RENOVATION EXCEP25 TION.—Nothing in this paragraph prohibits the 


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1 use of funds provided under this section or non2 Federal cost share funds for the construction of 

3 a test bed or renovations to existing buildings 

4 or facilities for the purposes of research if the 

5 Secretary determines that the test bed or ren6 ovations are limited to a scope and scale nec7 essary for the research to be conducted. 

8 SEC. 4213. ADVANCED RESEARCH PROJECTS AGENCY–EN9 ERGY. 

10 Section 5012 of the America COMPETES Act (42 

11 U.S.C. 16538) is amended— 

12 (1) in subsection (a)(3), by striking ‘‘subsection 

13 (n)(1)’’ and inserting ‘‘subsection (o)(1)’’; 

14 (2) in subsection (i), by striking paragraph (1) 

15 and inserting the following: 

16 ‘‘(1) IN GENERAL.—To the maximum extent 

17 practicable, the Director shall ensure that— 

18 ‘‘(A) the activities of ARPA–E are coordi19 nated with, and do not duplicate the efforts of, 

20 programs and laboratories within the Depart21 ment and other relevant research agencies; and 

22 ‘‘(B) ARPA–E does not provide funding 

23 for a project unless the prospective grantee 

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1 vate financing or indicates that the project is 

2 not independently commercially viable.’’; 

3 (3) by redesignating subsection (n) as sub4 section (o); 

5 (4) by inserting after subsection (m) the fol6 lowing: 

7 ‘‘(n) PROTECTION OF INFORMATION.—The following 

8 types of information collected by the ARPA–E from recipi9 ents of financial assistance awards shall be considered 

10 commercial and financial information obtained from a per11 son and privileged or confidential and not subject to dis12 closure under section 552(b)(4) of title 5, United States 

13 Code: 

14 ‘‘(1) Plans for commercialization of technologies 

15 developed under the award, including business plans, 

16 technology-to-market plans, market studies, and cost 

17 and performance models. 

18 ‘‘(2) Investments provided to an awardee from 

19 third parties (such as venture capital firms, hedge 

20 funds, and private equity firms), including amounts 

21 and the percentage of ownership of the awardee pro22 vided in return for the investments. 

23 ‘‘(3) Additional financial support that the 

24 awardee— 


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1 ‘‘(A) plans to or has invested into the tech2 nology developed under the award; or 

3 ‘‘(B) is seeking from third parties. 

4 ‘‘(4) Revenue from the licensing or sale of new 

5 products or services resulting from research con6 ducted under the award.’’; and 

7 (5) in subsection (o) (as redesignated by para8 graph (3))— 

9 (A) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘paragraphs (4) 

12 and (5)’’ and inserting ‘‘paragraph (4)’’; 

13 (ii) in subparagraph (D), by striking 

14 ‘‘and’’ at the end; 

15 (iii) in subparagraph (E), by striking 

16 the period at the end and inserting a semi17 colon; and 

18 (iv) by adding at the end the fol19 lowing: 

20 ‘‘(F) $325,000,000 for each of fiscal years 

21 2018 through 2020; and 

22 ‘‘(G) $375,000,000 for each of fiscal years 

23 2021 and 2022.’’; and 

24 (B) in paragraph (4)(B), by striking 

25 ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. 


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1 PART II—OFFICE OF SCIENCE 

2 SEC. 4221. MISSION OF THE OFFICE OF SCIENCE. 

3 Section 209 of the Department of Energy Organiza4 tion Act (42 U.S.C. 7139) is amended by adding at the 

5 end the following: 

6 ‘‘(c) MISSION.—The mission of the Office of Science 

7 shall be the delivery of scientific discoveries, capabilities, 

8 and major scientific tools to transform the understanding 

9 of nature and to advance the energy, economic, and na10 tional security of the United States.’’. 

11 SEC. 4222. BASIC ENERGY SCIENCES. 

12 (a) ENERGY FRONTIER RESEARCH CENTERS.— 

13 (1) IN GENERAL.—The Director of the Office of 

14 Science of the Department (referred to in this sub15 title as the ‘‘Director’’) shall carry out a program to 

16 provide awards, on a competitive, merit-reviewed 

17 basis, to multi-institutional collaborations or other 

18 appropriate entities to conduct fundamental and use19 inspired energy research to accelerate scientific 

20 breakthroughs. 

21 (2) COLLABORATIONS.—A collaboration receiv22 ing an award under this subsection may include mul23 tiple types of institutions and private sector entities. 

24 (3) SELECTION AND DURATION.— 


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1 (A) IN GENERAL.—A collaboration under 

2 this subsection shall be selected for a period of 

3 4 years. 

4 (B) EXISTING CENTERS.—An Energy 

5 Frontier Research Center in existence and sup6 ported by the Director on the date of enactment 

7 of this Act may continue to receive support for 

8 a period of 4 years beginning on the date of es9 tablishment of that center. 

10 (C) REAPPLICATION.—After the end of the 

11 period described in subparagraph (A) or (B), as 

12 applicable, a recipient of an award may reapply 

13 for selection on a competitive, merit-reviewed 

14 basis. 

15 (D) TERMINATION.—Consistent with the 

16 existing authorities of the Department, the Di17 rector may terminate an underperforming cen18 ter for cause during the performance period. 

19 (4) NO FUNDING FOR CONSTRUCTION.—No 

20 funding provided pursuant to this subsection may be 

21 used for the construction of new buildings or facili22 ties. 

23 (b) BASIC ENERGY SCIENCES USER FACILITIES.— 


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1 (1) IN GENERAL.—The Director shall carry out 

2 a program for the development, construction, oper3 ation, and maintenance of national user facilities. 

4 (2) REQUIREMENTS.—To the maximum extent 

5 practicable, the national user facilities developed, 

6 constructed, operated, or maintained under para7 graph (1) shall serve the needs of the Department, 

8 industry, the academic community, and other rel9 evant entities to create and examine materials and 

10 chemical processes for the purpose of improving the 

11 competitiveness of the United States. 

12 (3) INCLUDED FACILITIES.—The national user 

13 facilities developed, constructed, operated, or main14 tained under paragraph (1) shall include— 

15 (A) x-ray light sources; 

16 (B) neutron sources; 

17 (C) nanoscale science research centers; and 

18 (D) such other facilities as the Director 

19 considers appropriate, consistent with section 

20 209 of the Department of Energy Organization 

21 Act (42 U.S.C. 7139). 

22 (c) ACCELERATOR RESEARCH AND DEVELOP23 MENT.—The Director shall carry out research and devel24 opment on advanced accelerator and storage ring tech25 nologies relevant to the development of basic energy 


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1 sciences user facilities, in consultation with the High En2 ergy Physics and Nuclear Physics programs of the Office 

3 of Science. 

4 (d) SOLAR FUELS RESEARCH INITIATIVE.— 

5 (1) IN GENERAL.—Section 973 of the Energy 

6 Policy Act of 2005 (42 U.S.C. 16313) is amended 

7 to read as follows: 

8 ‘‘SEC. 973. SOLAR FUELS RESEARCH INITIATIVE. 

9 ‘‘(a) INITIATIVE.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall carry 

11 out a research initiative, to be known as the ‘Solar 

12 Fuels Research Initiative’ (referred to in this section 

13 as the ‘Initiative’) to expand theoretical and funda14 mental knowledge of photochemistry, electro15 chemistry, biochemistry, and materials science useful 

16 for the practical development of experimental sys17 tems to convert solar energy to chemical energy. 

18 ‘‘(2) LEVERAGING.—In carrying out programs 

19 and activities under the Initiative, the Secretary 

20 shall leverage expertise and resources from— 

21 ‘‘(A) the Basic Energy Sciences Program 

22 and the Biological and Environmental Research 

23 Program of the Office of Science; and 

24 ‘‘(B) the Office of Energy Efficiency and 

25 Renewable Energy. 


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1 ‘‘(3) TEAMS.— 

2 ‘‘(A) IN GENERAL.—In carrying out the 

3 Initiative, the Secretary shall organize activities 

4 among multidisciplinary teams to leverage, to 

5 the maximum extent practicable, expertise from 

6 the National Laboratories, institutions of higher 

7 education, and the private sector. 

8 ‘‘(B) GOALS.—The multidisciplinary teams 

9 described in subparagraph (A) shall pursue ag10 gressive, milestone-driven, basic research goals. 

11 ‘‘(C) RESOURCES.—The Secretary shall 

12 provide sufficient resources to the multidisci13 plinary teams described in subparagraph (A) to 

14 achieve the goals described in subparagraph (B) 

15 over a period of time to be determined by the 

16 Secretary. 

17 ‘‘(4) ADDITIONAL ACTIVITIES.—The Secretary 

18 may organize additional activities under this sub19 section through Energy Frontier Research Centers, 

20 Energy Innovation Hubs, or other organizational 

21 structures. 

22 ‘‘(b) ARTIFICIAL PHOTOSYNTHESIS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall carry 

24 out under the Initiative a program to support re25 search needed to bridge scientific barriers to, and 


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1 discover knowledge relevant to, artificial photosyn2 thetic systems. 

3 ‘‘(2) ACTIVITIES.—As part of the program de4 scribed in paragraph (1)— 

5 ‘‘(A) the Director of the Office of Basic 

6 Energy Sciences shall support basic research to 

7 pursue distinct lines of scientific inquiry, in8 cluding— 

9 ‘‘(i) photoinduced production of hy10 drogen and oxygen from water; and 

11 ‘‘(ii) the sustainable photoinduced re12 duction of carbon dioxide to fuel products 

13 including hydrocarbons, alcohols, carbon 

14 monoxide, and natural gas; and 

15 ‘‘(B) the Assistant Secretary for Energy 

16 Efficiency and Renewable Energy shall support 

17 translational research, development, and valida18 tion of physical concepts developed under the 

19 program. 

20 ‘‘(3) STANDARD OF REVIEW.—The Secretary 

21 shall review activities carried out under the program 

22 described in paragraph (1) to determine the achieve23 ment of technical milestones. 

24 ‘‘(4) PROHIBITION.—No funds allocated to the 

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1 gated or expended for commercial application of en2 ergy technology. 

3 ‘‘(c) BIOCHEMISTRY, REPLICATION OF NATURAL

4 PHOTOSYNTHESIS, AND RELATED PROCESSES.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall carry 

6 out under the Initiative a program to support re7 search needed to replicate natural photosynthetic 

8 processes by use of artificial photosynthetic compo9 nents and materials. 

10 ‘‘(2) ACTIVITIES.—As part of the program de11 scribed in paragraph (1)— 

12 ‘‘(A) the Director of the Office of Basic 

13 Energy Sciences shall support basic research to 

14 expand fundamental knowledge to replicate nat15 ural synthesis processes, including— 

16 ‘‘(i) the photoinduced reduction of 

17 dinitrogen to ammonia; 

18 ‘‘(ii) the absorption of carbon dioxide 

19 from ambient air; 

20 ‘‘(iii) molecular-based charge separa21 tion and storage; 

22 ‘‘(iv) photoinitiated electron transfer; 

23 and 

24 ‘‘(v) catalysis in biological or bio25 mimetic systems; 


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1 ‘‘(B) the Associate Director of Biological 

2 and Environmental Research shall support sys3 tems biology and genomics approaches to un4 derstand genetic and physiological pathways 

5 connected to photosynthetic mechanisms; and 

6 ‘‘(C) the Assistant Secretary for Energy 

7 Efficiency and Renewable Energy shall support 

8 translational research, development, and valida9 tion of physical concepts developed under the 

10 program. 

11 ‘‘(3) STANDARD OF REVIEW.—The Secretary 

12 shall review activities carried out under the program 

13 described in paragraph (1) to determine the achieve14 ment of technical milestones. 

15 ‘‘(4) PROHIBITION.—No funds allocated to the 

16 program described in paragraph (1) may be obli17 gated or expended for commercial application of en18 ergy technology.’’. 

19 (2) CONFORMING AMENDMENT.—The table of 

20 contents for the Energy Policy Act of 2005 is 

21 amended by striking the item relating to section 973 

22 and inserting the following: 

‘‘Sec. 973. Solar fuels research initiative.’’. 

23 (e) ELECTRICITY STORAGE RESEARCH INITIATIVE.— 


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1 (1) IN GENERAL.—Section 975 of the Energy 

2 Policy Act of 2005 (42 U.S.C. 16315) is amended 

3 to read as follows: 

4 ‘‘SEC. 975. ELECTRICITY STORAGE RESEARCH INITIATIVE. 

5 ‘‘(a) INITIATIVE.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall carry 

7 out a research initiative, to be known as the ‘Elec8 tricity Storage Research Initiative’ (referred to in 

9 this section as the ‘Initiative’)— 

10 ‘‘(A) to expand theoretical and funda11 mental knowledge to control, store, and con12 vert— 

13 ‘‘(i) electrical energy to chemical en14 ergy; and 

15 ‘‘(ii) chemical energy to electrical en16 ergy; and 

17 ‘‘(B) to support scientific inquiry into the 

18 practical understanding of chemical and phys19 ical processes that occur within systems involv20 ing crystalline and amorphous solids, polymers, 

21 and organic and aqueous liquids. 

22 ‘‘(2) LEVERAGING.—In carrying out programs 

23 and activities under the Initiative, the Secretary 

24 shall leverage expertise and resources from— 


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1 ‘‘(A) the Basic Energy Sciences Program, 

2 the Advanced Scientific Computing Research 

3 Program, and the Biological and Environmental 

4 Research Program of the Office of Science; and 

5 ‘‘(B) the Office of Energy Efficiency and 

6 Renewable Energy. 

7 ‘‘(3) TEAMS.— 

8 ‘‘(A) IN GENERAL.—In carrying out the 

9 Initiative, the Secretary shall organize activities 

10 among multidisciplinary teams to leverage, to 

11 the maximum extent practicable, expertise from 

12 the National Laboratories, institutions of higher 

13 education, and the private sector. 

14 ‘‘(B) GOALS.—The multidisciplinary teams 

15 described in subparagraph (A) shall pursue ag16 gressive, milestone-driven, basic research goals. 

17 ‘‘(C) RESOURCES.—The Secretary shall 

18 provide sufficient resources to the multidisci19 plinary teams described in subparagraph (A) to 

20 achieve the goals described in subparagraph (B) 

21 over a period of time to be determined by the 

22 Secretary. 

23 ‘‘(4) ADDITIONAL ACTIVITIES.—The Secretary 

24 may organize additional activities under this sub25 section through Energy Frontier Research Centers, 


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1 Energy Innovation Hubs, or other organizational 

2 structures. 

3 ‘‘(b) MULTIVALENT SYSTEMS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall carry 

5 out under the Initiative a program to support re6 search needed to bridge scientific barriers to, and 

7 discover knowledge relevant to, multivalent ion mate8 rials in electric energy storage systems. 

9 ‘‘(2) ACTIVITIES.—As part of the program de10 scribed in paragraph (1)— 

11 ‘‘(A) the Director of the Office of Basic 

12 Energy Sciences shall investigate electro13 chemical properties and the dynamics of mate14 rials, including charge transfer phenomena and 

15 mass transport in materials; and 

16 ‘‘(B) the Assistant Secretary for Energy 

17 Efficiency and Renewable Energy shall support 

18 translational research, development, and valida19 tion of physical concepts developed under the 

20 program. 

21 ‘‘(3) STANDARD OF REVIEW.—The Secretary 

22 shall review activities carried out under the program 

23 described in paragraph (1) to determine the achieve24 ment of technical milestones. 


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1 ‘‘(4) PROHIBITION.—No funds allocated to the 

2 program described in paragraph (1) may be obli3 gated or expended for commercial application of en4 ergy technology. 

5 ‘‘(c) ELECTROCHEMISTRY MODELING AND SIMULA6 TION.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall carry 

8 out under the Initiative a program to support re9 search to model and simulate organic electrolytes, 

10 including the static and dynamic electrochemical be11 havior and phenomena of organic electrolytes at the 

12 molecular and atomic level in monovalent and multi13 valent systems. 

14 ‘‘(2) ACTIVITIES.—As part of the program de15 scribed in paragraph (1)— 

16 ‘‘(A) the Director of the Office of Basic 

17 Energy Sciences, in coordination with the Asso18 ciate Director of Advanced Scientific Com19 puting Research, shall support the development 

20 of high performance computational tools 

21 through a joint development process to maxi22 mize the effectiveness of current and projected 

23 high performance computing systems; and 

24 ‘‘(B) the Assistant Secretary for Energy 

25 Efficiency and Renewable Energy shall support 


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1 translational research, development, and valida2 tion of physical concepts developed under the 

3 program. 

4 ‘‘(3) STANDARD OF REVIEW.—The Secretary 

5 shall review activities carried out under the program 

6 described in paragraph (1) to determine the achieve7 ment of technical milestones. 

8 ‘‘(4) PROHIBITION.—No funds allocated to the 

9 program described in paragraph (1) may be obli10 gated or expended for commercial application of en11 ergy technology. 

12 ‘‘(d) MESOSCALE ELECTROCHEMISTRY.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall carry 

14 out under the Initiative a program to support re15 search needed to reveal electrochemistry in confined 

16 mesoscale spaces, including scientific discoveries rel17 evant to— 

18 ‘‘(A) bio-electrochemistry and electro19 chemical energy conversion and storage in con20 fined spaces; and 

21 ‘‘(B) the dynamics of the phenomena de22 scribed in subparagraph (A). 

23 ‘‘(2) ACTIVITIES.—As part of the program de24 scribed in paragraph (1)— 


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1 ‘‘(A) the Director of the Office of Basic 

2 Energy Sciences and the Associate Director of 

3 Biological and Environmental Research shall in4 vestigate phenomena of mesoscale electro5 chemical confinement for the purpose of repli6 cating and controlling new electrochemical be7 havior; and 

8 ‘‘(B) the Assistant Secretary for Energy 

9 Efficiency and Renewable Energy shall support 

10 translational research, development, and valida11 tion of physical concepts developed under the 

12 program. 

13 ‘‘(3) STANDARD OF REVIEW.—The Secretary 

14 shall review activities carried out under the program 

15 described in paragraph (1) to determine the achieve16 ment of technical milestones. 

17 ‘‘(4) PROHIBITION.—No funds allocated to the 

18 program described in paragraph (1) may be obli19 gated or expended for commercial application of en20 ergy technology.’’. 

21 (2) CONFORMING AMENDMENT.—The table of 

22 contents for the Energy Policy Act of 2005 is 

23 amended by striking the item relating to section 975 

24 and inserting the following: 

‘‘Sec. 975. Electricity storage research initiative.’’. 


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1 SEC. 4223. ADVANCED SCIENTIFIC COMPUTING RESEARCH. 

2 (a) AMERICAN SUPER COMPUTING LEADERSHIP.— 

3 (1) RENAMING OF ACT.— 

4 (A) IN GENERAL.—Section 1 of the De5 partment of Energy High-End Computing Revi6 talization Act of 2004 (15 U.S.C. 5501 note; 

7 Public Law 108–423) is amended by striking 

8 ‘‘Department of Energy High-End Computing 

9 Revitalization Act of 2004’’ and inserting 

10 ‘‘American Super Computing Leadership Act of 

11 2017’’. 

12 (B) CONFORMING AMENDMENT.—Section 

13 976(a)(1) of the Energy Policy Act of 2005 (42 

14 U.S.C. 16316(1)) is amended by striking ‘‘De15 partment of Energy High-End Computing Revi16 talization Act of 2004’’ and inserting ‘‘Amer17 ican Super Computing Leadership Act of 

18 2017’’. 

19 (2) DEFINITIONS.—Section 2 of the American 

20 Super Computing Leadership Act of 2017 (15 

21 U.S.C. 5541) is amended— 

22 (A) by redesignating paragraphs (2) 

23 through (5) as paragraphs (3) through (6), re24 spectively; 

25 (B) by striking paragraph (1) and insert26 ing the following: 


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1 ‘‘(1) DEPARTMENT.—The term ‘Department’ 

2 means the Department of Energy. 

3 ‘‘(2) EXASCALE COMPUTING.—The term 

4 ‘exascale computing’ means computing through the 

5 use of a computing machine that performs near or 

6 above 10 to the 18th power operations per second.’’; 

7 and 

8 (C) in paragraph (6) (as redesignated by 

9 subparagraph (A)), by striking ‘‘, acting 

10 through the Director of the Office of Science of 

11 the Department of Energy’’. 

12 (3) DEPARTMENT OF ENERGY HIGH-END COM13 PUTING RESEARCH AND DEVELOPMENT PROGRAM.— 

14 Section 3 of the American Super Computing Leader15 ship Act of 2017 (15 U.S.C. 5542) is amended— 

16 (A) in subsection (a)(1), by striking ‘‘pro17 gram’’ and inserting ‘‘coordinated program 

18 across the Department’’; 

19 (B) in subsection (b)(2), by striking ‘‘, 

20 which may’’ and all that follows through ‘‘archi21 tectures’’; and 

22 (C) by striking subsection (d) and insert23 ing the following: 

24 ‘‘(d) EXASCALE COMPUTING PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall con2 duct a research program (referred to in this sub3 section as the ‘Program’) for exascale computing, in4 cluding the development of 2 or more exascale com5 puting machine architectures, to promote the mis6 sions of the Department. 

7 ‘‘(2) EXECUTION.— 

8 ‘‘(A) IN GENERAL.—In carrying out the 

9 Program, the Secretary shall— 

10 ‘‘(i) establish 2 or more National Lab11 oratory partnerships with industry part12 ners and institutions of higher education 

13 for the research and development of 2 or 

14 more exascale computing architectures 

15 across all applicable organizations of the 

16 Department; 

17 ‘‘(ii) conduct mission-related codesign 

18 activities in developing the exascale com19 puting architectures under clause (i); 

20 ‘‘(iii) develop such advancements in 

21 hardware and software technology as are 

22 required to fully realize the potential of an 

23 exascale production system in addressing 

24 Department target applications and solving 

25 scientific problems involving predictive 


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1 modeling and simulation and large scale 

2 data analytics and management; 

3 ‘‘(iv) explore the use of exascale com4 puting technologies to advance a broad 

5 range of science and engineering; and 

6 ‘‘(v) provide, as appropriate, on a 

7 competitive, merit-reviewed basis, access 

8 for researchers in industries in the United 

9 States, institutions of higher education, 

10 National Laboratories, and other Federal 

11 agencies to the exascale computing systems 

12 developed pursuant to clause (i). 

13 ‘‘(B) SELECTION OF PARTNERS.—The Sec14 retary shall select the partnerships for the com15 puting facilities of the Department under sub16 paragraph (A) through a competitive, peer-re17 view process. 

18 ‘‘(3) CODESIGN AND APPLICATION DEVELOP19 MENT.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall— 

21 ‘‘(i) carry out the Program through 

22 an integration of applications, computer 

23 science, applied mathematics, and com24 puter hardware architecture using the 

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1 graph (2) to ensure that, to the maximum 

2 extent practicable, 2 or more exascale com3 puting machine architectures are capable 

4 of solving Department target applications 

5 and broader scientific problems, including 

6 predictive modeling and simulation and 

7 large scale data analytics and manage8 ment; and 

9 ‘‘(ii) conduct outreach programs to in10 crease the readiness for the use of such 

11 platforms by domestic industries, including 

12 manufacturers. 

13 ‘‘(B) REPORT.—The Secretary shall sub14 mit to Congress a report describing— 

15 ‘‘(i) how the integration under sub16 paragraph (A) is furthering application 

17 science data and computational workloads 

18 across application interests, including na19 tional security, material science, physical 

20 science, cybersecurity, biological science, 

21 the Materials Genome and BRAIN Initia22 tives of the President, advanced manufac23 turing, and the national electric grid; and 

24 ‘‘(ii) the roles and responsibilities of 

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1 cluding the definition of the roles and re2 sponsibilities within the Department to en3 sure an integrated program across the De4 partment. 

5 ‘‘(4) PROJECT REVIEW.— 

6 ‘‘(A) IN GENERAL.—The exascale architec7 tures developed pursuant to partnerships estab8 lished pursuant to paragraph (2) shall be re9 viewed through a project review process. 

10 ‘‘(B) REPORT.—Not later than 90 days 

11 after the date of enactment of this subsection, 

12 the Secretary shall submit to Congress a report 

13 on— 

14 ‘‘(i) the results of the review con15 ducted under subparagraph (A); and 

16 ‘‘(ii) the coordination and manage17 ment of the Program to ensure an inte18 grated research program across the De19 partment. 

20 ‘‘(5) ANNUAL REPORTS.—At the time of the 

21 budget submission of the Department for each fiscal 

22 year, the Secretary, in consultation with the mem23 bers of the partnerships established pursuant to 

24 paragraph (2), shall submit to Congress a report 

25 that describes funding for the Program as a whole 


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1 by functional element of the Department and critical 

2 milestones.’’. 

3 (b) HIGH-PERFORMANCE COMPUTING AND NET4 WORKING RESEARCH.—The Director shall support re5 search in high-performance computing and networking rel6 evant to energy applications, including modeling, simula7 tion, and advanced data analytics for basic and applied 

8 energy research programs carried out by the Secretary. 

9 (c) APPLIED MATHEMATICS AND SOFTWARE DEVEL10 OPMENT FOR HIGH-END COMPUTING SYSTEMS.—The Di11 rector shall carry out activities to develop, test, and sup12 port— 

13 (1) mathematics, models, and algorithms for 

14 complex systems and programming environments; 

15 and 

16 (2) tools, languages, and operating systems for 

17 high-end computing systems (as defined in section 2 

18 of the American Super Computing Leadership Act of 

19 2017 (15 U.S.C. 5541)). 

20 SEC. 4224. HIGH-ENERGY PHYSICS. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the Director should incorporate the findings 

24 and recommendations of the report of the Particle 

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1 ing for Discovery: Strategic Plan for U.S. Particle 

2 Physics in the Global Context’’ into the planning 

3 process of the Department; and 

4 (2) the nations that lead in particle physics by 

5 hosting international teams dedicated to a common 

6 scientific goal attract the world’s best talent and in7 spire future generations of physicists and tech8 nologists. 

9 (b) INTERNATIONAL COLLABORATION.—The Direc10 tor, as practicable and in coordination with other appro11 priate Federal agencies as necessary, shall ensure the ac12 cess of United States researchers to the most advanced 

13 accelerator facilities and research capabilities in the world, 

14 including the Large Hadron Collider. 

15 (c) NEUTRINO RESEARCH.—The Director shall carry 

16 out research activities on rare decay processes and the na17 ture of the neutrino, which may include collaborations 

18 with the National Science Foundation or international col19 laborations. 

20 (d) DARK ENERGY AND DARK MATTER RE21 SEARCH.—The Director shall carry out research activities 

22 on the nature of dark energy and dark matter, which may 

23 include collaborations with the National Aeronautics and 

24 Space Administration or the National Science Foundation; 

25 or international collaborations. 


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1 SEC. 4225. BIOLOGICAL AND ENVIRONMENTAL RESEARCH. 

2 (a) BIOLOGICAL SYSTEMS.—The Director shall carry 

3 out research and development activities in fundamental, 

4 structural, computational, and systems biology to increase 

5 systems-level understanding of the complex biological sys6 tems, which may include activities— 

7 (1) to accelerate breakthroughs and new knowl8 edge that would enable the cost-effective, sustainable 

9 production of— 

10 (A) biomass-based liquid transportation 

11 fuels; 

12 (B) bioenergy; and 

13 (C) biobased materials; 

14 (2) to improve understanding of the global car15 bon cycle, including processes for removing carbon 

16 dioxide from the atmosphere, through photosynthesis 

17 and other biological processes, for sequestration and 

18 storage; and 

19 (3) to understand the biological mechanisms 

20 used to transform, immobilize, or remove contami21 nants from subsurface environments. 

22 (b) LIMITATION FOR RESEARCH FUNDS.—The Di23 rector shall not approve new climate science-related initia24 tives without making a determination that such work is 

25 well-coordinated with any relevant work carried out by 

26 other Federal agencies. 


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1 (c) LOW-DOSE RADIATION RESEARCH PROGRAM.— 

2 (1) IN GENERAL.—The Director shall carry out 

3 a research program on low-dose radiation. 

4 (2) PURPOSE.—The purpose of the program is 

5 to enhance the scientific understanding of, and re6 duce uncertainties associated with, the effects of ex7 posure to low-dose radiation to inform improved 

8 risk-management methods. 

9 SEC. 4226. FUSION ENERGY. 

10 (a) FUSION MATERIALS RESEARCH AND DEVELOP11 MENT.—As part of the activities authorized in section 978 

12 of the Energy Policy Act of 2005 (42 U.S.C. 16318)— 

13 (1) the Director, in coordination with the As14 sistant Secretary for Nuclear Energy of the Depart15 ment, shall carry out research and development ac16 tivities to identify, characterize, and demonstrate 

17 materials that can endure the neutron, plasma, and 

18 heat fluxes expected in a fusion power system; and 

19 (2) the Director shall provide an assessment 

20 of— 

21 (A) the need for 1 or more facilities that 

22 can examine and test potential fusion and next 

23 generation fission materials and other enabling 

24 technologies relevant to the development of fu25 sion power; and 


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1 (B) whether a single new facility that sub2 stantially addresses magnetic fusion and next 

3 generation fission materials research needs is 

4 feasible, in conjunction with the expected capa5 bilities of facilities operational as of the date of 

6 enactment of this Act. 

7 (b) TOKAMAK RESEARCH AND DEVELOPMENT.—The 

8 Director shall support research and development activities 

9 and facility operations to optimize the tokamak approach 

10 to fusion energy. 

11 (c) INERTIAL FUSION ENERGY RESEARCH AND DE12 VELOPMENT.—The Director shall support research and 

13 development activities for inertial fusion for energy appli14 cations. 

15 (d) ALTERNATIVE AND ENABLING CONCEPTS.—The 

16 Director shall support research and development activities 

17 and facility operations at institutions of higher education, 

18 National Laboratories, and private facilities in the United 

19 States for a portfolio of alternative and enabling fusion 

20 energy concepts that may provide solutions to significant 

21 challenges to the establishment of a commercial magnetic 

22 fusion power plant, prioritized based on the ability of the 

23 United States to play a leadership role in the international 

24 fusion research community. 


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1 (e) COORDINATION WITH ARPA–E.—The Director 

2 shall coordinate with the Director of the Advanced Re3 search Projects Agency–Energy (referred to in this sub4 section as ‘‘ARPA–E’’) to— 

5 (1) assess the potential for any fusion energy 

6 project supported by ARPA–E to represent a prom7 ising approach to a commercially viable fusion power 

8 plant; 

9 (2) determine whether the results of any fusion 

10 energy project supported by ARPA–E merit the sup11 port of follow-on research activities carried out by 

12 the Office of Science; and 

13 (3) avoid the unintentional duplication of activi14 ties. 

15 (f) FAIRNESS IN COMPETITION FOR SOLICITATIONS

16 FOR INTERNATIONAL PROJECT ACTIVITIES.—Section 33 

17 of the Atomic Energy Act of 1954 (42 U.S.C. 2053) is 

18 amended by inserting before the first sentence the fol19 lowing: ‘‘In this section, with respect to international re20 search projects, the term ‘private facilities or laboratories’ 

21 means facilities or laboratories located in the United 

22 States.’’. 

23 (g) IDENTIFICATION OF PRIORITIES.— 

24 (1) REPORT.— 


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1 (A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this Act, the Sec3 retary shall submit to Congress a report on the 

4 fusion energy research and development activi5 ties that the Department proposes to carry out 

6 over the 10-year period following the date of 

7 the report under not fewer than 3 realistic 

8 budget scenarios, including a scenario based on 

9 3-percent annual growth in the non-ITER por10 tion of the budget for fusion energy research 

11 and development activities. 

12 (B) INCLUSIONS.—The report required 

13 under subparagraph (A) shall— 

14 (i) identify specific areas of fusion en15 ergy research and enabling technology de16 velopment in which the United States can 

17 and should establish or solidify a lead in 

18 the global fusion energy development ef19 fort; 

20 (ii) identify priorities for initiation of 

21 facility construction and facility decommis22 sioning under each of the 3 budget sce23 narios described in subparagraph (A); and 

24 (iii) assess the ability of the fusion 

25 workforce of the United States to carry out 


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1 the activities identified under clauses (i) 

2 and (ii), including the adequacy of pro3 grams at institutions of higher education 

4 in the United States to train the leaders 

5 and workers of the next generation of fu6 sion energy researchers. 

7 (2) PROCESS.—In order to develop the report 

8 required under paragraph (1)(A), the Secretary shall 

9 leverage best practices and lessons learned from the 

10 process used to develop the most recent report of the 

11 Particle Physics Project Prioritization Panel of the 

12 High Energy Physics Advisory Panel. 

13 (3) REQUIREMENT.—No member of the Fusion 

14 Energy Sciences Advisory Committee shall be ex15 cluded from participating in developing or voting on 

16 final approval of the report required under para17 graph (1)(A). 

18 SEC. 4227. NUCLEAR PHYSICS. 

19 (a) ISOTOPE DEVELOPMENT AND PRODUCTION FOR

20 RESEARCH APPLICATIONS.—The Director— 

21 (1) may carry out a program for the production 

22 of isotopes, including the development of techniques 

23 to produce isotopes, that the Secretary determines 

24 are needed for research, medical, industrial, or re25 lated purposes; and 


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1 (2) shall ensure that isotope production activi2 ties carried out under the program under this para3 graph do not compete with private industry unless 

4 the Director determines that critical national inter5 ests require the involvement of the Federal Govern6 ment. 

7 (b) RENAMING OF THE RARE ISOTOPE ACCEL8 ERATOR.—Section 981 of the Energy Policy Act of 2005 

9 (42 U.S.C. 16321) is amended— 

10 (1) in the section heading, by striking ‘‘RARE

11 ISOTOPE ACCELERATOR’’ and inserting ‘‘FACIL12 ITY FOR RARE ISOTOPE BEAMS’’; and 

13 (2) by striking ‘‘Rare Isotope Accelerator’’ each 

14 place it appears and inserting ‘‘Facility for Rare Iso15 tope Beams’’. 

16 SEC. 4228. SCIENCE LABORATORIES INFRASTRUCTURE 

17 PROGRAM. 

18 (a) IN GENERAL.—The Director shall carry out a 

19 program to improve the safety, efficiency, and mission 

20 readiness of infrastructure at laboratories of the Office of 

21 Science. 

22 (b) INCLUSIONS.—The program under subsection (a) 

23 shall include projects— 

24 (1) to renovate or replace space that does not 

25 meet research needs; 


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1 (2) to replace facilities that are no longer cost 

2 effective to renovate or operate; 

3 (3) to modernize utility systems to prevent fail4 ures and ensure efficiency; 

5 (4) to remove excess facilities to allow safe and 

6 efficient operations; and 

7 (5) to construct modern facilities to conduct ad8 vanced research in controlled environmental condi9 tions. 

10 (c) APPROACH.—In carrying out this section, the Di11 rector shall use all available approaches and mechanisms, 

12 including capital line items, minor construction projects, 

13 energy savings performance contracts, utility energy serv14 ice contracts, alternative financing, and expense funding, 

15 as appropriate. 

16 SEC. 4229. BASIC RESEARCH. 

17 Section 971(b) of the Energy Policy Act of 2005 (42 

18 U.S.C. 16311(b)) is amended— 

19 (1) in paragraph (6), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (7), by striking the period at 

22 the end and inserting a semicolon; and 

23 (3) by adding at the end the following: 

24 ‘‘(8) $5,423,000,000 for fiscal year 2018; 

25 ‘‘(9) $5,808,000,000 for fiscal year 2019; 


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1 ‘‘(10) $6,220,000,000 for fiscal year 2020; 

2 ‘‘(11) $6,661,000,000 for fiscal year 2021; and 

3 ‘‘(12) $7,134,000,000 for fiscal year 2022.’’. 

4 Subtitle D—Management 

5 SEC. 4301. BUREAU OF LAND MANAGEMENT COOPERATION 

6 WITH STATES ON RULES AND PROCESSES. 

7 On request of the Governor of a State, the Secretary 

8 of the Interior shall establish a program under which the 

9 Director of the Bureau of Land Management shall enter 

10 into a memorandum of understanding with the State to 

11 consider the costs and benefits of consistent rules and 

12 processes for the measurement of oil and gas production 

13 activities, inspection of meters or other measurement 

14 methodologies, and other operational activities, as deter15 mined by the Secretary of the Interior. 

16 SEC. 4302. UNDER SECRETARY FOR SCIENCE AND ENERGY. 

17 (a) IN GENERAL.—Section 202(b) of the Department 

18 of Energy Organization Act (42 U.S.C. 7132(b)) is 

19 amended— 

20 (1) in paragraph (1), by striking ‘‘for Science’’ 

21 and inserting ‘‘for Science and Energy (referred to 

22 in this subsection as the ‘Under Secretary’)’’; 

23 (2) in paragraph (3), in the matter preceding 

24 subparagraph (A), by striking ‘‘for Science’’; and 

25 (3) in paragraph (4)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘for Science’’; 

3 (B) in subparagraph (F), by striking 

4 ‘‘and’’ at the end; 

5 (C) in subparagraph (G), by striking the 

6 period at the end and inserting a semicolon; 

7 and 

8 (D) by inserting after subparagraph (G) 

9 the following: 

10 ‘‘(H) establish appropriate linkages be11 tween offices under the jurisdiction of the 

12 Under Secretary; and 

13 ‘‘(I) perform such functions and duties as 

14 the Secretary shall prescribe, consistent with 

15 this section.’’. 

16 (b) CONFORMING AMENDMENT.—Section 641(h)(2) 

17 of the United States Energy Storage Competitiveness Act 

18 of 2007 (42 U.S.C. 17231(h)(2)) is amended by striking 

19 ‘‘Under Secretary for Science’’ and inserting ‘‘Under Sec20 retary for Science and Energy’’. 

21 SEC. 4303. ENERGY EMERGENCY RESPONSE EFFORTS OF 

22 THE DEPARTMENT. 

23 (a) CONGRESSIONAL DECLARATION OF PURPOSE.— 

24 Section 102 of the Department of Energy Organization 


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1 Act (42 U.S.C. 7112) is amended by adding at the end 

2 the following: 

3 ‘‘(20) To facilitate the development and imple4 mentation of a strategy for responding to energy in5 frastructure and supply emergencies through— 

6 ‘‘(A) continuously monitoring and pub7 lishing information on the energy delivery and 

8 supply infrastructure of the United States, in9 cluding electricity, liquid fuels, natural gas, and 

10 coal; 

11 ‘‘(B) managing Federal strategic energy 

12 reserves; 

13 ‘‘(C) advising national leadership during 

14 emergencies on ways to respond to and mini15 mize energy disruptions; and 

16 ‘‘(D) working with Federal agencies and 

17 State and local governments— 

18 ‘‘(i) to enhance energy emergency pre19 paredness; and 

20 ‘‘(ii) to respond to and mitigate en21 ergy emergencies.’’. 

22 (b) UNDER SECRETARY FOR SCIENCE AND EN23 ERGY.—Section 202(b)(4) of the Department of Energy 

24 Organization Act (42 U.S.C. 7132(b)(4)) (as amended by 


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1 section 4302(a)(3)) is amended, in subparagraph (B), by 

2 inserting ‘‘and applied energy’’ before ‘‘programs of the’’. 

3 (c) RESPONSIBILITIES OF ASSISTANT SECRE4 TARIES.—Section 203(a) of the Department of Energy 

5 Organization Act (42 U.S.C. 7133(a)) is amended by add6 ing at the end the following: 

7 ‘‘(12) Emergency response functions, including 

8 assistance in the prevention of, or in the response to, 

9 an emergency disruption of energy supply, trans10 mission, and distribution.’’. 

11 SEC. 4304. PROGRAM TO REDUCE THE POTENTIAL IMPACTS 

12 OF SOLAR ENERGY FACILITIES ON CERTAIN 

13 SPECIES. 

14 In carrying out a program of the Department relating 

15 to solar energy or the conduct of solar energy projects 

16 using funds provided by the Department, the Secretary 

17 shall establish a program to undertake research that— 

18 (1) identifies baseline avian populations and 

19 mortality; and 

20 (2) quantifies the impacts of solar energy 

21 projects on birds, as compared to other threats to 

22 birds. 


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1 Subtitle E—Markets 

2 SEC. 4401. ENHANCED INFORMATION ON CRITICAL ENERGY 

3 SUPPLIES. 

4 (a) IN GENERAL.—Section 205 of the Department of 

5 Energy Organization Act (42 U.S.C. 7135) is amended 

6 by adding at the end the following: 

7 ‘‘(n) COLLECTION OF INFORMATION ON CRITICAL

8 ENERGY SUPPLIES.— 

9 ‘‘(1) IN GENERAL.—To ensure transparency of 

10 information relating to energy infrastructure and 

11 product ownership in the United States and improve 

12 the ability to evaluate the energy security of the 

13 United States, the Administrator, in consultation 

14 with other Federal agencies (as necessary), shall— 

15 ‘‘(A) not later than 120 days after the date 

16 of enactment of this subsection, develop and 

17 provide notice of a plan to collect information 

18 identifying all oil inventories, and other physical 

19 oil assets (including all petroleum-based prod20 ucts and the storage of such products in off21 shore tankers), that are owned by the 50 larg22 est traders of oil contracts (including derivative 

23 contracts); and 

24 ‘‘(B) not later than 90 days after the date 

25 on which notice is provided under subparagraph 


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1 (A), implement the plan described in that sub2 paragraph. 

3 ‘‘(2) INFORMATION.—The plan required under 

4 paragraph (1) shall include a description of the plan 

5 of the Administrator for collecting company-specific 

6 data, including— 

7 ‘‘(A) volumes of product under ownership; 

8 and 

9 ‘‘(B) storage and transportation capacity 

10 (including owned and leased capacity). 

11 ‘‘(3) PROTECTION OF PROPRIETARY INFORMA12 TION.—Section 12(f) of the Federal Energy Admin13 istration Act of 1974 (15 U.S.C. 771(f)) shall apply 

14 to information collected under this subsection. 

15 ‘‘(o) COLLECTION OF INFORMATION ON STORAGE

16 CAPACITY FOR OIL AND NATURAL GAS.— 

17 ‘‘(1) IN GENERAL.—Not later than 90 days 

18 after the date of enactment of this subsection, the 

19 Administrator of the Energy Information Adminis20 tration shall collect information quantifying the com21 mercial storage capacity for oil and natural gas in 

22 the United States. 

23 ‘‘(2) UPDATES.—The Administrator shall up24 date annually the information required under para25 graph (1). 


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1 ‘‘(3) PROTECTION OF PROPRIETARY INFORMA2 TION.—Section 12(f) of the Federal Energy Admin3 istration Act of 1974 (15 U.S.C. 771(f)) shall apply 

4 to information collected under this subsection. 

5 ‘‘(p) FINANCIAL MARKET ANALYSIS OFFICE.— 

6 ‘‘(1) ESTABLISHMENT.—There shall be within 

7 the Energy Information Administration a Financial 

8 Market Analysis Office. 

9 ‘‘(2) DUTIES.—The Office shall— 

10 ‘‘(A) be responsible for analysis of the fi11 nancial aspects of energy markets; 

12 ‘‘(B) review the reports required by section 

13 4403(c) of the Energy and Natural Resources 

14 Act of 2017 in advance of the submission of the 

15 reports to Congress; and 

16 ‘‘(C) not later than 1 year after the date 

17 of enactment of this subsection— 

18 ‘‘(i) make recommendations to the 

19 Administrator of the Energy Information 

20 Administration that identify and quantify 

21 any additional resources that are required 

22 to improve the ability of the Energy Infor23 mation Administration to more fully inte24 grate financial market information into the 


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1 analyses and forecasts of the Energy Infor2 mation Administration; 

3 ‘‘(ii) conduct a review of implications 

4 of policy changes (including changes in ex5 port or import policies) and changes in 

6 how crude oil and refined petroleum prod7 ucts are transported with respect to price 

8 formation of crude oil and refined petro9 leum products; and 

10 ‘‘(iii) notify the Committees on En11 ergy and Natural Resources, Appropria12 tions, and Agriculture, Nutrition, and For13 estry of the Senate and the Committees on 

14 Energy and Commerce, Appropriations, 

15 and Agriculture of the House of Rep16 resentatives of the recommendations de17 scribed in clause (i). 

18 ‘‘(3) ANALYSES.—The Administrator of the En19 ergy Information Administration shall take analyses 

20 by the Office into account in conducting analyses 

21 and forecasting of energy prices.’’. 

22 (b) CONFORMING AMENDMENT.—Section 645 of the 

23 Department of Energy Organization Act (42 U.S.C. 7255) 

24 is amended by inserting ‘‘(15 U.S.C. 3301 et seq.) and 


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1 the Natural Gas Act (15 U.S.C. 717 et seq.)’’ after ‘‘Nat2 ural Gas Policy Act of 1978’’. 

3 SEC. 4402. WORKING GROUP ON ENERGY MARKETS. 

4 (a) ESTABLISHMENT.—There is established a Work5 ing Group on Energy Markets (referred to in this section 

6 as the ‘‘Working Group’’). 

7 (b) COMPOSITION.—The Working Group shall be 

8 composed of— 

9 (1) the Secretary; 

10 (2) the Secretary of the Treasury; 

11 (3) the Chairman of the Federal Energy Regu12 latory Commission; 

13 (4) the Chairman of Federal Trade Commis14 sion; 

15 (5) the Chairman of the Securities and Ex16 change Commission; and 

17 (6) the Administrator of the Energy Informa18 tion Administration. 

19 (c) CHAIRPERSON.—The Secretary shall serve as the 

20 Chairperson of the Working Group. 

21 (d) COMPENSATION.—A member of the Working 

22 Group shall serve without additional compensation for the 

23 work of the member of the Working Group. 

24 (e) PURPOSE AND FUNCTION.—The Working Group 

25 shall— 


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1 (1) investigate the effect of increased financial 

2 investment in energy commodities on energy prices 

3 and the energy security of the United States; 

4 (2) recommend to the President and Congress 

5 laws (including regulations) that may be needed to 

6 prevent excessive speculation in energy commodity 

7 markets in order to prevent or minimize the adverse 

8 impact of excessive speculation on energy prices on 

9 consumers and the economy of the United States; 

10 and 

11 (3) review energy security implications of devel12 opments in international energy markets. 

13 (f) ADMINISTRATION.—The Secretary shall provide 

14 the Working Group with such administrative and support 

15 services as may be necessary for the performance of the 

16 functions of the Working Group. 

17 (g) COOPERATION OF OTHER AGENCIES.—The heads 

18 of Executive departments, agencies, and independent in19 strumentalities shall, to the extent permitted by law, pro20 vide the Working Group with such information as the 

21 Working Group requires to carry out this section. 

22 (h) CONSULTATION.—The Working Group shall con23 sult, as appropriate, with representatives of the various 

24 exchanges, clearinghouses, self-regulatory bodies, other 


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1 major market participants, consumers, and the general 

2 public. 

3 SEC. 4403. STUDY OF REGULATORY FRAMEWORK FOR EN4 ERGY MARKETS. 

5 (a) STUDY.—The Working Group shall conduct a 

6 study— 

7 (1) to identify the factors that affect the pricing 

8 of crude oil and refined petroleum products, includ9 ing an examination of the effects of market specula10 tion on prices; and 

11 (2) to review and assess— 

12 (A) existing statutory authorities relating 

13 to the oversight and regulation of markets crit14 ical to the energy security of the United States; 

15 and 

16 (B) the need for additional statutory au17 thority for the Federal Government to effec18 tively oversee and regulate markets critical to 

19 the energy security of the United States. 

20 (b) ELEMENTS OF STUDY.—The study shall in21 clude— 

22 (1) an examination of price formation of crude 

23 oil and refined petroleum products; 

24 (2) an examination of relevant international 

25 regulatory regimes; and 


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1 (3) an examination of the degree to which 

2 changes in energy market transparency, liquidity, 

3 and structure have influenced or driven abuse, ma4 nipulation, excessive speculation, or inefficient price 

5 formation. 

6 (c) REPORT AND RECOMMENDATIONS.—The Sec7 retary shall submit to the Committee on Energy and Nat8 ural Resources of the Senate and the Committee on En9 ergy and Commerce of the House of Representatives quar10 terly progress reports during the conduct of the study 

11 under this section, and a final report not later than 1 year 

12 after the date of enactment of this Act, that— 

13 (1) describes the results of the study; and 

14 (2) provides options and the recommendations 

15 of the Working Group for appropriate Federal co16 ordination of oversight and regulatory actions to en17 sure transparency of crude oil and refined petroleum 

18 product pricing and the elimination of excessive 

19 speculation, including recommendations on data col20 lection and analysis to be carried out by the Finan21 cial Market Analysis Office established by subsection 

22 (p)(1) of section 205 of the Department of Energy 

23 Organization Act (42 U.S.C. 7135) (as added by 

24 section 4401(a)). 


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1 Subtitle F—Affordability 

2 SEC. 4501. E-PRIZE COMPETITION PILOT PROGRAM. 

3 Section 1008 of the Energy Policy Act of 2005 (42 

4 U.S.C. 16396) is amended by adding at the end the fol5 lowing: 

6 ‘‘(g) E-PRIZE COMPETITION PILOT PROGRAM.— 

7 ‘‘(1) DEFINITIONS.—In this section: 

8 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi9 ble entity’ means— 

10 ‘‘(i) a private sector for-profit or non11 profit entity; 

12 ‘‘(ii) a public-private partnership; or 

13 ‘‘(iii) a local, municipal, or tribal gov14 ernmental entity. 

15 ‘‘(B) HIGH-COST REGION.—The term 

16 ‘high-cost region’ means a region in which the 

17 average annual unsubsidized costs of electrical 

18 power retail rates or household space heating 

19 costs per square foot exceed 150 percent of the 

20 national average, as determined by the Sec21 retary. 

22 ‘‘(2) E-PRIZE COMPETITION PILOT PROGRAM.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 establish an e-prize competition or challenge 

25 pilot program to broadly implement sustainable 


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1 community and regional energy solutions that 

2 seek to reduce energy costs through increased 

3 efficiency, conservation, and technology innova4 tion in high-cost regions. 

5 ‘‘(B) SELECTION.—In carrying out the 

6 pilot program under subparagraph (A), the Sec7 retary shall award a prize purse, in amounts to 

8 be determined by the Secretary, to each eligible 

9 entity selected through 1 or more of the fol10 lowing competitions or challenges: 

11 ‘‘(i) A point solution competition that 

12 rewards and spurs the development of solu13 tions for a particular, well-defined problem. 

14 ‘‘(ii) An exposition competition that 

15 helps identify and promote a broad range 

16 of ideas and practices that may not other17 wise attract attention, facilitating further 

18 development of the idea or practice by 

19 third parties. 

20 ‘‘(iii) A participation competition that 

21 creates value during and after the competi22 tion by encouraging contestants to change 

23 their behavior or develop new skills that 

24 may have beneficial effects during and 

25 after the competition. 


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1 ‘‘(iv) Such other types of prizes or 

2 challenges as the Secretary, in consultation 

3 with relevant heads of Federal agencies, 

4 considers appropriate to stimulate innova5 tion that has the potential to advance the 

6 mission of the applicable Federal agency. 

7 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this subsection $10,000,000, to remain available 

10 until expended.’’. 

11 SEC. 4502. CARBON DIOXIDE CAPTURE TECHNOLOGY 

12 PRIZE. 

13 Section 1008 of the Energy Policy Act of 2005 (42 

14 U.S.C. 16396) (as amended by section 4501) is amended 

15 by adding at the end the following: 

16 ‘‘(h) CARBON DIOXIDE CAPTURE TECHNOLOGY

17 PRIZE.— 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) BOARD.—The term ‘Board’ means 

20 the Carbon Dioxide Capture Technology Advi21 sory Board established by paragraph (6). 

22 ‘‘(B) DILUTE.—The term ‘dilute’ means a 

23 concentration of less than 1 percent by volume. 

24 ‘‘(C) INTELLECTUAL PROPERTY.—The 

25 term ‘intellectual property’ means— 


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1 ‘‘(i) an invention that is patentable 

2 under title 35, United States Code; and 

3 ‘‘(ii) any patent on an invention de4 scribed in clause (i). 

5 ‘‘(D) SECRETARY.—The term ‘Secretary’ 

6 means the Secretary of Energy or designee, in 

7 consultation with the Board. 

8 ‘‘(2) AUTHORITY.—Not later than 1 year after 

9 the date of enactment of this subsection, as part of 

10 the program carried out under this section, the Sec11 retary shall establish and award competitive tech12 nology financial awards for carbon dioxide capture 

13 from media in which the concentration of carbon di14 oxide is dilute. 

15 ‘‘(3) DUTIES.—In carrying out this subsection, 

16 the Secretary shall— 

17 ‘‘(A) subject to paragraph (4), develop spe18 cific requirements for— 

19 ‘‘(i) the competition process; 

20 ‘‘(ii) minimum performance standards 

21 for qualifying projects; and 

22 ‘‘(iii) monitoring and verification pro23 cedures for approved projects; 

24 ‘‘(B) establish minimum levels for the cap25 ture of carbon dioxide from a dilute medium 


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1 that are required to be achieved to qualify for 

2 a financial award described in subparagraph 

3 (C); 

4 ‘‘(C) offer financial awards for— 

5 ‘‘(i) a design for a promising capture 

6 technology; 

7 ‘‘(ii) a successful bench-scale dem8 onstration of a capture technology; 

9 ‘‘(iii) a design for a technology de10 scribed in clause (i) that will— 

11 ‘‘(I) be operated on a demonstra12 tion scale; and 

13 ‘‘(II) achieve significant reduc14 tion in the level of carbon dioxide; and 

15 ‘‘(iv) an operational capture tech16 nology on a commercial scale that meets 

17 the minimum levels described in subpara18 graph (B); and 

19 ‘‘(D) submit to Congress— 

20 ‘‘(i) an annual report that describes 

21 the progress made by the Board and re22 cipients of financial awards under this sub23 section in achieving the demonstration 

24 goals established under subparagraph (C); 

25 and 


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1 ‘‘(ii) not later than 1 year after the 

2 date of enactment of this subsection, a re3 port on the adequacy of authorized funding 

4 levels in this subsection. 

5 ‘‘(4) PUBLIC PARTICIPATION.—In carrying out 

6 paragraph (3)(A), the Board shall— 

7 ‘‘(A) provide notice of and, for a period of 

8 at least 60 days, an opportunity for public com9 ment on, any draft or proposed version of the 

10 requirements described in paragraph (3)(A); 

11 and 

12 ‘‘(B) take into account public comments 

13 received in developing the final version of those 

14 requirements. 

15 ‘‘(5) PEER REVIEW.—No financial awards may 

16 be provided under this subsection until the proposal 

17 for which the award is sought has been peer re18 viewed in accordance with such standards for peer 

19 review as are established by the Secretary. 

20 ‘‘(6) CARBON DIOXIDE CAPTURE TECHNOLOGY

21 ADVISORY BOARD.— 

22 ‘‘(A) ESTABLISHMENT.—There is estab23 lished an advisory board to be known as the 

24 ‘Carbon Dioxide Capture Technology Advisory 

25 Board’. 


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1 ‘‘(B) COMPOSITION.—The Board shall be 

2 composed of 9 members appointed by the Presi3 dent, who shall provide expertise in— 

4 ‘‘(i) climate science; 

5 ‘‘(ii) physics; 

6 ‘‘(iii) chemistry; 

7 ‘‘(iv) biology; 

8 ‘‘(v) engineering; 

9 ‘‘(vi) economics; 

10 ‘‘(vii) business management; and 

11 ‘‘(viii) such other disciplines as the 

12 Secretary determines to be necessary to 

13 achieve the purposes of this subsection. 

14 ‘‘(C) TERM; VACANCIES.— 

15 ‘‘(i) TERM.—A member of the Board 

16 shall serve for a term of 6 years. 

17 ‘‘(ii) VACANCIES.—A vacancy on the 

18 Board— 

19 ‘‘(I) shall not affect the powers of 

20 the Board; and 

21 ‘‘(II) shall be filled in the same 

22 manner as the original appointment 

23 was made. 

24 ‘‘(D) INITIAL MEETING.—Not later than 

25 30 days after the date on which all members of 


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1 the Board have been appointed, the Board shall 

2 hold the initial meeting of the Board. 

3 ‘‘(E) MEETINGS.—The Board shall meet 

4 at the call of the Chairperson. 

5 ‘‘(F) QUORUM.—A majority of the mem6 bers of the Board shall constitute a quorum, 

7 but a lesser number of members may hold hear8 ings. 

9 ‘‘(G) CHAIRPERSON AND VICE CHAIR10 PERSON.—The Board shall select a Chairperson 

11 and Vice Chairperson from among the members 

12 of the Board. 

13 ‘‘(H) COMPENSATION.—Each member of 

14 the Board may be compensated at not to exceed 

15 the daily equivalent of the annual rate of basic 

16 pay in effect for a position at level V of the Ex17 ecutive Schedule for each day during which the 

18 member is engaged in the actual performance of 

19 the duties of the Board. 

20 ‘‘(I) DUTIES.—The Board shall advise the 

21 Secretary on carrying out the duties of the Sec22 retary under this subsection. 

23 ‘‘(7) INTELLECTUAL PROPERTY.— 

24 ‘‘(A) IN GENERAL.—As a condition of re25 ceiving a financial award under this subsection, 


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1 an applicant shall agree to vest the intellectual 

2 property of the applicant derived from the tech3 nology in 1 or more entities that are incor4 porated in the United States. 

5 ‘‘(B) RESERVATION OF LICENSE.—The 

6 United States— 

7 ‘‘(i) may reserve a nonexclusive, non8 transferable, irrevocable, paid-up license, 

9 to have practiced for or on behalf of the 

10 United States, in connection with any in11 tellectual property described in subpara12 graph (A); but 

13 ‘‘(ii) shall not, in the exercise of a li14 cense reserved under clause (i), publicly 

15 disclose proprietary information relating to 

16 the license. 

17 ‘‘(C) TRANSFER OF TITLE.—Title to any 

18 intellectual property described in subparagraph 

19 (A) shall not be transferred or passed, except to 

20 an entity that is incorporated in the United 

21 States, until the expiration of the first patent 

22 obtained in connection with the intellectual 

23 property. 

24 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated to carry out 


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1 this subsection $50,000,000, to remain available 

2 until expended. 

3 ‘‘(9) TERMINATION OF AUTHORITY.—The 

4 Board and all authority provided under this sub5 section shall terminate on December 31, 2026.’’. 

6 Subtitle G—Code Maintenance 

7 SEC. 4601. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES 

8 STUDY. 

9 (a) REPEAL.—Part I of title III of the Energy Policy 

10 and Conservation Act (42 U.S.C. 6373) is repealed. 

11 (b) CONFORMING AMENDMENT.—The table of con12 tents for the Energy Policy and Conservation Act (Public 

13 Law 94–163; 89 Stat. 871) is amended— 

14 (1) by striking the item relating to part I of 

15 title III; and 

16 (2) by striking the item relating to section 385. 

17 SEC. 4602. REPEAL OF METHANOL STUDY. 

18 Section 400EE of the Energy Policy and Conserva19 tion Act (42 U.S.C. 6374d) is amended— 

20 (1) by striking subsection (a); and 

21 (2) by redesignating subsections (b) and (c) as 

22 subsections (a) and (b), respectively. 


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1 SEC. 4603. REPEAL OF AUTHORIZATION OF APPROPRIA2 TIONS PROVISION. 

3 (a) REPEAL.—Section 208 of the Energy Conserva4 tion and Production Act (42 U.S.C. 6808) is repealed. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Energy Conservation and Production Act 

7 (Public Law 94–385; 90 Stat. 1126) is amended by strik8 ing the item relating to section 208. 

9 SEC. 4604. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY 

10 STANDARDS STUDY. 

11 (a) REPEAL.—Section 253 of the National Energy 

12 Conservation Policy Act (42 U.S.C. 8232) is repealed. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents for the National Energy Conservation Policy Act 

15 (Public Law 95–619; 92 Stat. 3206) is amended by strik16 ing the item relating to section 253. 

17 SEC. 4605. REPEAL OF WEATHERIZATION STUDY. 

18 (a) REPEAL.—Section 254 of the National Energy 

19 Conservation Policy Act (42 U.S.C. 8233) is repealed. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for the National Energy Conservation Policy Act 

22 (Public Law 95–619; 92 Stat. 3206) is amended by strik23 ing the item relating to section 254. 

24 SEC. 4606. REPEAL OF REPORT TO CONGRESS. 

25 (a) REPEAL.—Section 273 of the National Energy 

26 Conservation Policy Act (42 U.S.C. 8236b) is repealed. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for the National Energy Conservation Policy Act 

3 (Public Law 95–619; 92 Stat. 3206) is amended by strik4 ing the item relating to section 273. 

5 SEC. 4607. REPEAL OF REPORT BY GENERAL SERVICES AD6 MINISTRATION. 

7 (a) REPEAL.—Section 154 of the Energy Policy Act 

8 of 1992 (42 U.S.C. 8262a) is repealed. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) The table of contents for the Energy Policy 

11 Act of 1992 (Public Law 102–486; 106 Stat. 2776) 

12 is amended by striking the item relating to section 

13 154. 

14 (2) Section 159 of the Energy Policy Act of 

15 1992 (42 U.S.C. 8262e) is amended by striking sub16 section (c). 

17 SEC. 4608. REPEAL OF INTERGOVERNMENTAL ENERGY 

18 MANAGEMENT PLANNING AND COORDINA19 TION WORKSHOPS. 

20 (a) REPEAL.—Section 156 of the Energy Policy Act 

21 of 1992 (42 U.S.C. 8262b) is repealed. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for the Energy Policy Act of 1992 (Public Law 102– 

24 486; 106 Stat. 2776) is amended by striking the item re25 lating to section 156. 


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1 SEC. 4609. REPEAL OF INSPECTOR GENERAL AUDIT SUR2 VEY AND PRESIDENT’S COUNCIL ON INTEG3 RITY AND EFFICIENCY REPORT TO CON4 GRESS. 

5 (a) REPEAL.—Section 160 of the Energy Policy Act 

6 of 1992 (42 U.S.C. 8262f) is amended by striking the sec7 tion designation and heading and all that follows through 

8 ‘‘(c) INSPECTOR GENERAL REVIEW.—Each Inspector 

9 General’’ and inserting the following: 

10 ‘‘SEC. 160. INSPECTOR GENERAL REVIEW. 

11 ‘‘Each Inspector General’’. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for the Energy Policy Act of 1992 (Public Law 102– 

14 486; 106 Stat. 2776) is amended by striking the item re15 lating to section 160 and inserting the following: 

‘‘Sec. 160. Inspector General review. ..................................................... ’’. 

16 SEC. 4610. REPEAL OF PROCUREMENT AND IDENTIFICA17 TION OF ENERGY EFFICIENT PRODUCTS PRO18 GRAM. 

19 (a) REPEAL.—Section 161 of the Energy Policy Act 

20 of 1992 (42 U.S.C. 8262g) is repealed. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents for the Energy Policy Act of 1992 (Public Law 102– 

23 486; 106 Stat. 2776) is amended by striking the item re24 lating to section 161. 


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1 SEC. 4611. REPEAL OF NATIONAL ACTION PLAN FOR DE2 MAND RESPONSE. 

3 (a) REPEAL.—Part 5 of title V of the National En4 ergy Conservation Policy Act (42 U.S.C. 8279 et seq.) is 

5 repealed. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents for the National Energy Conservation Policy Act 

8 (Public Law 95–619; 92 Stat. 3206; 121 Stat. 1665) is 

9 amended— 

10 (1) by striking the item relating to part 5 of 

11 title V; and 

12 (2) by striking the item relating to section 571. 

13 SEC. 4612. REPEAL OF NATIONAL COAL POLICY STUDY. 

14 (a) REPEAL.—Section 741 of the Powerplant and In15 dustrial Fuel Use Act of 1978 (42 U.S.C. 8451) is re16 pealed. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents for the Powerplant and Industrial Fuel Use Act of 

19 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

20 striking the item relating to section 741. 

21 SEC. 4613. REPEAL OF STUDY ON COMPLIANCE PROBLEM 

22 OF SMALL ELECTRIC UTILITY SYSTEMS. 

23 (a) REPEAL.—Section 744 of the Powerplant and In24 dustrial Fuel Use Act of 1978 (42 U.S.C. 8454) is re25 pealed. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for the Powerplant and Industrial Fuel Use Act of 

3 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

4 striking the item relating to section 744. 

5 SEC. 4614. REPEAL OF STUDY OF SOCIOECONOMIC IM6 PACTS OF INCREASED COAL PRODUCTION 

7 AND OTHER ENERGY DEVELOPMENT. 

8 (a) REPEAL.—Section 746 of the Powerplant and In9 dustrial Fuel Use Act of 1978 (42 U.S.C. 8456) is re10 pealed. 

11 (b) CONFORMING AMENDMENT.—The table of con12 tents for the Powerplant and Industrial Fuel Use Act of 

13 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

14 striking the item relating to section 746. 

15 SEC. 4615. REPEAL OF STUDY OF THE USE OF PETROLEUM 

16 AND NATURAL GAS IN COMBUSTORS. 

17 (a) REPEAL.—Section 747 of the Powerplant and In18 dustrial Fuel Use Act of 1978 (42 U.S.C. 8457) is re19 pealed. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for the Powerplant and Industrial Fuel Use Act of 

22 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

23 striking the item relating to section 747. 


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1 SEC. 4616. REPEAL OF SUBMISSION OF REPORTS. 

2 (a) REPEAL.—Section 807 of the Powerplant and In3 dustrial Fuel Use Act of 1978 (42 U.S.C. 8483) is re4 pealed. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Powerplant and Industrial Fuel Use Act of 

7 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

8 striking the item relating to section 807. 

9 SEC. 4617. REPEAL OF ELECTRIC UTILITY CONSERVATION 

10 PLAN. 

11 (a) REPEAL.—Section 808 of the Powerplant and In12 dustrial Fuel Use Act of 1978 (42 U.S.C. 8484) is re13 pealed. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) TABLE OF CONTENTS.—The table of con16 tents for the Powerplant and Industrial Fuel Use 

17 Act of 1978 (Public Law 95–620; 92 Stat. 3289) is 

18 amended by striking the item relating to section 

19 808. 

20 (2) REPORT ON IMPLEMENTATION.—Section 

21 712 of the Powerplant and Industrial Fuel Use Act 

22 of 1978 (42 U.S.C. 8422) is amended— 

23 (A) by striking ‘‘(a) GENERALLY.—’’; and 

24 (B) by striking subsection (b). 

25 SEC. 4618. EMERGENCY ENERGY CONSERVATION REPEALS. 

26 (a) REPEALS.— 


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1 (1) Section 201 of the Emergency Energy Con2 servation Act of 1979 (42 U.S.C. 8501) is amend3 ed— 

4 (A) in the section heading, by striking 

5 ‘‘FINDINGS AND’’; and 

6 (B) by striking subsection (a). 

7 (2) Section 221 of the Emergency Energy Con8 servation Act of 1979 (42 U.S.C. 8521) is repealed. 

9 (3) Section 222 of the Emergency Energy Con10 servation Act of 1979 (42 U.S.C. 8522) is repealed. 

11 (4) 241 of the Emergency Energy Conservation 

12 Act of 1979 (42 U.S.C. 8531) is repealed. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents for the Emergency Energy Conservation Act of 1979 

15 (Public Law 96–102; 93 Stat. 749) is amended— 

16 (1) by striking the item relating to section 201 

17 and inserting the following: 

‘‘Sec. 201. Purposes.’’; and 

18 (2) by striking the items relating to sections 

19 221, 222, and 241. 

20 SEC. 4619. ENERGY SECURITY ACT REPEALS. 

21 (a) BIOMASS ENERGY DEVELOPMENT PLANS.—Sub22 title A of title II of the Energy Security Act (42 U.S.C. 

23 8811 et seq.) is repealed. 


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1 (b) MUNICIPAL WASTE BIOMASS ENERGY.—Subtitle 

2 B of title II of the Energy Security Act (42 U.S.C. 8831 

3 et seq.) is repealed. 

4 (c) USE OF GASOHOL IN FEDERAL MOTOR VEHI5 CLES.—Section 271 of the Energy Security Act (42 

6 U.S.C. 8871) is repealed. 

7 (d) CONFORMING AMENDMENTS.— 

8 (1) The table of contents for the Energy Secu9 rity Act (Public Law 96–294; 94 Stat. 611) is 

10 amended— 

11 (A) by striking the items relating to sub12 title A and B of title II; 

13 (B) by striking the item relating to section 

14 204 and inserting the following: 

‘‘Sec. 204. Funding. ............................................................................... ’’; and 

15 (C) by striking the item relating to section 

16 271. 

17 (2) Section 203 of the Biomass Energy and Al18 cohol Fuels Act of 1980 (42 U.S.C. 8802) is amend19 ed— 

20 (A) by striking paragraph (16); and 

21 (B) by redesignating paragraphs (17) 

22 through (19) as paragraphs (16) through (18), 

23 respectively. 

24 (3) Section 204 of the Energy Security Act (42 

25 U.S.C. 8803) is amended— 


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1 (A) in the section heading, by striking 

2 ‘‘FOR SUBTITLES A AND B’’; and 

3 (B) in subsection (a)— 

4 (i) in paragraph (1), by adding ‘‘and’’ 

5 after the semicolon at the end; 

6 (ii) in paragraph (2), by striking ‘‘; 

7 and’’ at the end and inserting a period; 

8 and 

9 (iii) by striking paragraph (3). 

10 SEC. 4620. NUCLEAR SAFETY RESEARCH, DEVELOPMENT, 

11 AND DEMONSTRATION ACT OF 1980 REPEALS. 

12 Sections 5 and 6 of the Nuclear Safety Research, De13 velopment, and Demonstration Act of 1980 (42 U.S.C. 

14 9704, 9705) are repealed. 

15 SEC. 4621. ELIMINATION AND CONSOLIDATION OF CERTAIN 

16 AMERICA COMPETES PROGRAMS. 

17 (a) ELIMINATION OF PROGRAM AUTHORITIES.— 

18 (1) NUCLEAR SCIENCE TALENT EXPANSION

19 PROGRAM FOR INSTITUTIONS OF HIGHER EDU20 CATION.—Section 5004 of the America COMPETES 

21 Act (42 U.S.C. 16532) is repealed. 

22 (2) HYDROCARBON SYSTEMS SCIENCE TALENT

23 EXPANSION PROGRAM FOR INSTITUTIONS OF HIGH24 ER EDUCATION.— 


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1 (A) IN GENERAL.—Section 5005(e) of the 

2 America COMPETES Act (42 U.S.C. 

3 16533(e)) is repealed. 

4 (B) CONFORMING AMENDMENTS.—Section 

5 5005(f) of the America COMPETES Act (42 

6 U.S.C. 16533(f)) is amended— 

7 (i) by striking paragraph (2); 

8 (ii) by striking the subsection designa9 tion and heading and all that follows 

10 through ‘‘There are’’ in paragraph (1) and 

11 inserting the following: 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are’’; and 

14 (iii) by redesignating subparagraphs 

15 (A) through (F) as paragraphs (1) through 

16 (6), respectively, and indenting appro17 priately. 

18 (3) DISCOVERY SCIENCE AND ENGINEERING IN19 NOVATION INSTITUTES.—Section 5008 of the Amer20 ica COMPETES Act (42 U.S.C. 16535) is repealed. 

21 (4) ELIMINATION OF DUPLICATIVE AUTHORITY

22 FOR EDUCATION PROGRAMS.—Sections 3181 and 

23 3185 of the Department of Energy Science Edu24 cation Enhancement Act (42 U.S.C. 7381l, 42 

25 U.S.C. 7381n) are repealed. 


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1 (5) MENTORING PROGRAM.—Section 3195 of 

2 the Department of Energy Science Education En3 hancement Act (42 U.S.C. 7381r) is repealed. 

4 (b) REPEAL OF AUTHORIZATIONS.— 

5 (1) DEPARTMENT OF ENERGY EARLY CAREER

6 AWARDS FOR SCIENCE, ENGINEERING, AND MATHE7 MATICS RESEARCHERS.—Section 5006 of the Amer8 ica COMPETES Act (42 U.S.C. 16534) is amended 

9 by striking subsection (h). 

10 (2) DISTINGUISHED SCIENTIST PROGRAM.— 

11 Section 5011 of the America COMPETES Act (42 

12 U.S.C. 16537) is amended by striking subsection (j). 

13 (3) PROTECTING AMERICA’S COMPETITIVE

14 EDGE (PACE) GRADUATE FELLOWSHIP PROGRAM.— 

15 Section 5009 of the America COMPETES Act (42 

16 U.S.C. 16536) is amended by striking subsection (f). 

17 (c) CONSOLIDATION OF DUPLICATIVE PROGRAM AU18 THORITIES.— 

19 (1) UNIVERSITY NUCLEAR SCIENCE AND ENGI20 NEERING SUPPORT.—Section 954 of the Energy Pol21 icy Act of 2005 (42 U.S.C. 16274) is amended— 

22 (A) in subsection (a), by inserting ‘‘nuclear 

23 chemistry,’’ after ‘‘nuclear engineering,’’; and 

24 (B) in subsection (b)— 


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1 (i) by redesignating paragraphs (3) 

2 through (5) as paragraphs (4) through (6), 

3 respectively; and 

4 (ii) by inserting after paragraph (2) 

5 the following: 

6 ‘‘(3) award grants, not to exceed 5 years in du7 ration, to institutions of higher education with exist8 ing academic degree programs in nuclear sciences 

9 and related fields— 

10 ‘‘(A) to increase the number of graduates 

11 in nuclear science and related fields; 

12 ‘‘(B) to enhance the teaching and research 

13 of advanced nuclear technologies; 

14 ‘‘(C) to undertake collaboration with indus15 try and National Laboratories; and 

16 ‘‘(D) to bolster or sustain nuclear infra17 structure and research facilities of institutions 

18 of higher education, such as research and train19 ing reactors and laboratories;’’. 

20 (2) CONSOLIDATION OF DEPARTMENT OF EN21 ERGY EARLY CAREER AWARDS FOR SCIENCE, ENGI22 NEERING, AND MATHEMATICS RESEARCHERS PRO23 GRAM AND DISTINGUISHED SCIENTIST PROGRAM.— 


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1 (A) FUNDING.—Section 971(c) of the En2 ergy Policy Act of 2005 (42 U.S.C. 16311(c)) 

3 is amended by adding at the end the following: 

4 ‘‘(8) For the Department of Energy early ca5 reer awards for science, engineering, and mathe6 matics researchers program under section 5006 of 

7 the America COMPETES Act (42 U.S.C. 16534) 

8 and the distinguished scientist program under sec9 tion 5011 of that Act (42 U.S.C. 16537), 

10 $150,000,000 for each of fiscal years 2018 through 

11 2022, of which not more than 65 percent of the 

12 amount made available for a fiscal year under this 

13 paragraph may be used to carry out section 5006 or 

14 5011 of that Act.’’. 

15 (B) DEPARTMENT OF ENERGY EARLY CA16 REER AWARDS FOR SCIENCE, ENGINEERING, 

17 AND MATHEMATICS RESEARCHERS.—Section 

18 5006 of the America COMPETES Act (42 

19 U.S.C. 16534) is amended— 

20 (i) in subsection (b)(1)— 

21 (I) in the matter preceding sub22 paragraph (A)— 

23 (aa) by inserting ‘‘average’’ 

24 before ‘‘amount’’; and 


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1 (bb) by inserting ‘‘for each 

2 year’’ before ‘‘shall’’; 

3 (II) in subparagraph (A), by 

4 striking ‘‘$80,000’’ and inserting 

5 ‘‘$190,000’’; and 

6 (III) in subparagraph (B), by 

7 striking ‘‘$125,000’’ and inserting 

8 ‘‘$490,000’’; 

9 (ii) in subsection (c)(1)(C)— 

10 (I) in clause (i)— 

11 (aa) by striking ‘‘assistant 

12 professor or equivalent title’’ and 

13 inserting ‘‘untenured assistant or 

14 associate professor’’; and 

15 (bb) by inserting ‘‘or’’ after 

16 the semicolon at the end; 

17 (II) by striking clause (ii); and 

18 (III) by redesignating clause (iii) 

19 as clause (ii); 

20 (iii) in subsection (d), by striking ‘‘on 

21 a competitive, merit-reviewed basis’’ and 

22 inserting ‘‘through a competitive process 

23 using merit-based peer review.’’; 

24 (iv) in subsection (e)— 


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1 (I) by striking ‘‘(e)’’ and all that 

2 follows through ‘‘To be eligible’’ and 

3 inserting the following: 

4 ‘‘(e) SELECTION PROCESS AND CRITERIA.—To be eli5 gible’’; and 

6 (II) by striking paragraph (2); 

7 and 

8 (v) in subsection (f)(1), by striking 

9 ‘‘nonprofit, nondegree-granting research 

10 organizations’’ and inserting ‘‘National 

11 Laboratories’’. 

12 (3) SCIENCE EDUCATION PROGRAMS.—Section 

13 3164 of the Department of Energy Science Edu14 cation Enhancement Act (42 U.S.C. 7381a) is 

15 amended— 

16 (A) in subsection (b)— 

17 (i) by striking paragraphs (1) and (2) 

18 and inserting the following: 

19 ‘‘(1) IN GENERAL.—The Director of the Office 

20 of Science (referred to in this subsection as the ‘Di21 rector’) shall provide for appropriate coordination of 

22 science, technology, engineering, and mathematics 

23 education programs across all functions of the De24 partment. 


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1 ‘‘(2) ADMINISTRATION.—In carrying out para2 graph (1), the Director shall— 

3 ‘‘(A) consult with— 

4 ‘‘(i) the Assistant Secretary of Energy 

5 with responsibility for energy efficiency 

6 and renewable energy programs; and 

7 ‘‘(ii) the Deputy Administrator for 

8 Defense Programs of the National Nuclear 

9 Security Administration; and 

10 ‘‘(B) seek to increase the participation and 

11 advancement of women and underrepresented 

12 minorities at every level of science, technology, 

13 engineering, and mathematics education.’’; and 

14 (ii) in paragraph (3)— 

15 (I) in subparagraph (D), by 

16 striking ‘‘and’’ at the end; 

17 (II) by redesignating subpara18 graph (E) as subparagraph (F); and 

19 (III) by inserting after subpara20 graph (D) the following: 

21 ‘‘(E) represent the Department as the 

22 principal interagency liaison for all coordination 

23 activities under the President for science, tech24 nology, engineering, and mathematics education 

25 programs; and’’; and 


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1 (B) in subsection (d)— 

2 (i) by striking ‘‘The Secretary’’ and 

3 inserting the following: 

4 ‘‘(1) IN GENERAL.—The Secretary’’; and 

5 (ii) by adding at the end the fol6 lowing: 

7 ‘‘(2) REPORT.—Not later than 180 days after 

8 the date of enactment of this subparagraph, the Di9 rector shall submit a report describing the impact of 

10 the activities assisted with the Fund established 

11 under paragraph (1) to— 

12 ‘‘(A) the Committee on Science, Space, 

13 and Technology of the House of Representa14 tives; and 

15 ‘‘(B) the Committee on Energy and Nat16 ural Resources of the Senate.’’. 

17 (4) PROTECTING AMERICA’S COMPETITIVE

18 EDGE (PACE) GRADUATE FELLOWSHIP PROGRAM.— 

19 Section 5009 of the America COMPETES Act (42 

20 U.S.C. 16536) is amended— 

21 (A) in subsection (c)— 

22 (i) in paragraph (1) by striking ‘‘, in23 volving’’ and all that follows through ‘‘Sec24 retary’’; and 


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1 (ii) in paragraph (2), by striking sub2 paragraph (B) and inserting the following: 

3 ‘‘(B) to demonstrate excellent academic 

4 performance and understanding of scientific or 

5 technical subjects; and’’; 

6 (B) in subsection (d)(1)(B)(i), by inserting 

7 ‘‘full or partial’’ before ‘‘graduate tuition’’; and 

8 (C) in subsection (e), in the matter pre9 ceding paragraph (1), by striking ‘‘Director of 

10 Science, Engineering, and Mathematics Edu11 cation’’ and inserting ‘‘Director of the Office of 

12 Science.’’. 

13 (d) CONFORMING AMENDMENTS.—The table of con14 tents for the America COMPETES ACT (Public Law 

15 110–69; 121 Stat. 573) is amended by striking the items 

16 relating to sections 5004 and 5008. 

17 SEC. 4622. REPEAL OF STATE UTILITY REGULATORY AS18 SISTANCE. 

19 (a) REPEAL.—Section 207 of the Energy Conserva20 tion and Production Act (42 U.S.C. 6807) is repealed. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents for the Energy Conservation and Production Act 

23 (Public Law 94–385; 90 Stat. 1126) is amended by strik24 ing the item relating to section 207. 


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1 SEC. 4623. REPEAL OF SURVEY OF ENERGY SAVING POTEN2 TIAL. 

3 (a) REPEAL.—Section 550 of the National Energy 

4 Conservation Policy Act (42 U.S.C. 8258b) is repealed. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) The table of contents for the National En7 ergy Conservation Policy Act (Public Law 95–619; 

8 92 Stat. 3206; 106 Stat. 2851) is amended by strik9 ing the item relating to section 550. 

10 (2) Section 543(d)(2) of the National Energy 

11 Conservation Policy Act (42 U.S.C. 8253(d)(2)) is 

12 amended by striking ‘‘, incorporating any relevant 

13 information obtained from the survey conducted pur14 suant to section 550’’. 

15 SEC. 4624. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM. 

16 (a) REPEAL.—Part 4 of title V of the National En17 ergy Conservation Policy Act (42 U.S.C. 8271 et seq.) is 

18 repealed. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents for the National Energy Conservation Policy Act 

21 (Public Law 95–619; 92 Stat. 3206) is amended— 

22 (1) by striking the item relating to part 4 of 

23 title V; and 

24 (2) by striking the items relating to sections 

25 561 through 569. 


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1 SEC. 4625. REPEAL OF ENERGY AUDITOR TRAINING AND 

2 CERTIFICATION. 

3 (a) REPEAL.—Subtitle F of title V of the Energy Se4 curity Act (42 U.S.C. 8285 et seq.) is repealed. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Energy Security Act (Public Law 96–294; 

7 94 Stat. 611) is amended by striking the items relating 

8 to subtitle F of title V. 

9 SEC. 4626. REPEAL OF AUTHORIZATION OF APPROPRIA10 TIONS. 

11 (a) REPEAL.—Subtitle F of title VII of the Power12 plant and Industrial Fuel Use Act of 1978 (42 U.S.C. 

13 8461) is repealed. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents for the Powerplant and Industrial Fuel Use Act of 

16 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

17 striking the item relating to subtitle F of title VII. 

18 SEC. 4627. REPEAL OF RENEWABLE ENERGY AND ENERGY 

19 EFFICIENCY TECHNOLOGY COMPETITIVE20 NESS ACT OF 1989. 

21 (a) REPEAL.—The Renewable Energy and Energy 

22 Efficiency Technology Competitiveness Act of 1989 (42 

23 U.S.C. 12001 et seq.) is repealed. 

24 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 6(b)(3) of the Federal Nonnuclear 

2 Energy Research and Development Act of 1974 (42 

3 U.S.C. 5905(b)(3)) is amended— 

4 (A) in subparagraph (Q), by adding ‘‘and’’ 

5 after the semicolon; 

6 (B) by striking subparagraph (R); and 

7 (C) by redesignating subparagraph (S) as 

8 subparagraph (R). 

9 (2) Section 1204 of the Energy Policy Act of 

10 1992 (42 U.S.C. 13313) is amended— 

11 (A) in subsection (b), in the matter pre12 ceding paragraph (1), in the first sentence, by 

13 striking ‘‘, in consultation with’’ and all that 

14 follows through ‘‘under section 6 of the Renew15 able Energy and Energy Efficiency Technology 

16 Competitiveness Act of 1989,’’; and 

17 (B) in subsection (c), by striking ‘‘, in con18 sultation with the Advisory Committee,’’. 

19 SEC. 4628. REPEAL OF HYDROGEN RESEARCH, DEVELOP20 MENT, AND DEMONSTRATION PROGRAM. 

21 The Spark M. Matsunaga Hydrogen Research, Devel22 opment, and Demonstration Act of 1990 (42 U.S.C. 

23 12401 et seq.) is repealed. 


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1 SEC. 4629. REPEAL OF STUDY ON ALTERNATIVE FUEL USE 

2 IN NONROAD VEHICLES AND ENGINES. 

3 (a) IN GENERAL.—Section 412 of the Energy Policy 

4 Act of 1992 (42 U.S.C. 13238) is repealed. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Energy Policy Act of 1992 (Public Law 102– 

7 486; 106 Stat. 2776) is amended by striking the item re8 lating to section 412. 

9 SEC. 4630. REPEAL OF LOW INTEREST LOAN PROGRAM FOR 

10 SMALL BUSINESS FLEET PURCHASES. 

11 (a) IN GENERAL.—Section 414 of the Energy Policy 

12 Act of 1992 (42 U.S.C. 13239) is repealed. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents for the Energy Policy Act of 1992 (Public Law 102– 

15 486; 106 Stat. 2776) is amended by striking the item re16 lating to section 414. 

17 SEC. 4631. REPEAL OF TECHNICAL AND POLICY ANALYSIS 

18 FOR REPLACEMENT FUEL DEMAND AND SUP19 PLY INFORMATION. 

20 (a) IN GENERAL.—Section 506 of the Energy Policy 

21 Act of 1992 (42 U.S.C. 13256) is repealed. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) The table of contents for the Energy Policy 

24 Act of 1992 (Public Law 102–486; 106 Stat. 2776) 

25 is amended by striking the item relating to section 

26 506. 


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1 (2) Section 507(m) of the Energy Policy Act of 

2 1992 (42 U.S.C. 13257(m)) is amended by striking 

3 ‘‘and section 506’’. 

4 SEC. 4632. REPEAL OF 1992 REPORT ON CLIMATE CHANGE. 

5 (a) IN GENERAL.—Section 1601 of the Energy Policy 

6 Act of 1992 (42 U.S.C. 13381) is repealed. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) The table of contents for the Energy Policy 

9 Act of 1992 (Public Law 102–486; 106 Stat. 2776) 

10 is amended by striking the item relating to section 

11 1601. 

12 (2) Section 1602(a) of the Energy Policy Act of 

13 1992 (42 U.S.C. 13382(a)) is amended, in the mat14 ter preceding paragraph (1), in the third sentence, 

15 by striking ‘‘the report required under section 1601 

16 and’’. 

17 SEC. 4633. REPEAL OF DIRECTOR OF CLIMATE PROTECTOR 

18 ESTABLISHMENT. 

19 (a) IN GENERAL.—Section 1603 of the Energy Policy 

20 Act of 1992 (42 U.S.C. 13383) is repealed. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents for the Energy Policy Act of 1992 (Public Law 102– 

23 486; 106 Stat. 2776) is amended by striking the item re24 lating to section 1603. 


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1 SEC. 4634. REPEAL OF 1994 REPORT ON GLOBAL CLIMATE 

2 CHANGE EMISSIONS. 

3 (a) IN GENERAL.—Section 1604 of the Energy Policy 

4 Act of 1992 (42 U.S.C. 13384) is repealed. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Energy Policy Act of 1992 (Public Law 102– 

7 486; 106 Stat. 2776) is amended by striking the item re8 lating to section 1604. 

9 SEC. 4635. REPEAL OF TELECOMMUTING STUDY. 

10 (a) IN GENERAL.—Section 2028 of the Energy Policy 

11 Act of 1992 (42 U.S.C. 13438) is repealed. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for the Energy Policy Act of 1992 (Public Law 102– 

14 486; 106 Stat. 2776) is amended by striking the item re15 lating to section 2028. 

16 SEC. 4636. REPEAL OF ADVANCED BUILDINGS FOR 2005 

17 PROGRAM. 

18 (a) IN GENERAL.—Section 2104 of the Energy Policy 

19 Act of 1992 (42 U.S.C. 13454) is repealed. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) The table of contents for the Energy Policy 

22 Act of 1992 (Public Law 102–486; 106 Stat. 2776) 

23 is amended by striking the item relating to section 

24 2104. 


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1 (2) Section 2101(a) of the Energy Policy Act of 

2 1992 (42 U.S.C. 13451(a)) is amended, in the third 

3 sentence, by striking ‘‘2104,’’. 

4 SEC. 4637. REPEAL OF ENERGY RESEARCH, DEVELOPMENT, 

5 DEMONSTRATION, AND COMMERCIAL APPLI6 CATION ADVISORY BOARD. 

7 (a) IN GENERAL.—Section 2302 of the Energy Policy 

8 Act of 1992 (42 U.S.C. 13522) is repealed. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) The table of contents for the Energy Policy 

11 Act of 1992 (Public Law 102–486; 106 Stat. 2776) 

12 is amended by striking the item relating to section 

13 2302. 

14 (2) Section 6 of the Federal Nonnuclear Energy 

15 Research and Development Act of 1974 (42 U.S.C. 

16 5905) is amended— 

17 (A) in subsection (a), in the matter pre18 ceding paragraph (1), in the first sentence, by 

19 striking ‘‘, in consultation with the Advisory 

20 Board established under section 2302 of the 

21 Energy Policy Act of 1992,’’; 

22 (B) in subsection (b)— 

23 (i) in paragraph (1), in the first sen24 tence, by striking ‘‘, in consultation with 

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1 tion 2302 of the Energy Policy Act of 

2 1992,’’; and 

3 (ii) in paragraph (2), in the second 

4 sentence, by striking ‘‘, in consultation 

5 with the Advisory Board established under 

6 section 2302 of the Energy Policy Act of 

7 1992,’’; and 

8 (C) in subsection (c), in the first sentence, 

9 by striking ‘‘, in consultation with the Advisory 

10 Board established under section 2302 of the 

11 Energy Policy Act of 1992,’’. 

12 (3) Section 2011(c) of the Energy Policy Act of 

13 1992 (42 U.S.C. 13411(c)) is amended, in the sec14 ond sentence, by striking ‘‘, and with the Advisory 

15 Board established under section 2302’’. 

16 (4) Section 2304 of the Energy Policy Act of 

17 1992 (42 U.S.C. 13523), is amended— 

18 (A) in subsection (a), by striking ‘‘, in con19 sultation with the Advisory Board established 

20 under section 2302,’’; and 

21 (B) in subsection (c), in the matter pre22 ceding paragraph (1), in the first sentence, by 

23 striking ‘‘, with the advice of the Advisory 

24 Board established under section 2302 of this 

25 Act,’’. 


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1 SEC. 4638. REPEAL OF STUDY ON USE OF ENERGY FUTURES 

2 FOR FUEL PURCHASE. 

3 (a) IN GENERAL.—Section 3014 of the Energy Policy 

4 Act of 1992 (42 U.S.C. 13552) is repealed. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Energy Policy Act of 1992 (Public Law 102– 

7 486; 106 Stat. 2776) is amended by striking the item re8 lating to section 3014. 

9 SEC. 4639. REPEAL OF ENERGY SUBSIDY STUDY. 

10 (a) IN GENERAL.—Section 3015 of the Energy Policy 

11 Act of 1992 (42 U.S.C. 13553) is repealed. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for the Energy Policy Act of 1992 (Public Law 102– 

14 486; 106 Stat. 2776) is amended by striking the item re15 lating to section 3015. 

16 SEC. 4640. REPEAL OF PRIOR LIMITATION ON COMPENSA17 TION OF THE SECRETARY OF THE INTERIOR. 

18 (a) IN GENERAL.—The Joint Resolution entitled 

19 ‘‘Joint Resolution ensuring that the compensation and 

20 other emoluments attached to the office of Secretary of 

21 the Interior are those which were in effect on January 1, 

22 2005’’ (Public Law 111–1; 5 U.S.C. 5312 note) is re23 pealed. 

24 (b) EFFECTIVE DATE.—This section shall take effect 

25 as though enacted on March 2, 2017. 


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1 DIVISION B—NATURAL 

2 RESOURCES 

3 SEC. 5001. DEFINITIONS. 

4 In this division: 

5 (1) DEPARTMENT.—The term ‘‘Department’’ 

6 means the Department of the Interior. 

7 (2) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 TITLE V—CONSERVATION 

10 AUTHORIZATIONS 

11 SEC. 5101. NATIONAL PARK SERVICE MAINTENANCE AND 

12 REVITALIZATION CONSERVATION FUND. 

13 (a) IN GENERAL.—Chapter 1049 of title 54, United 

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 104908. National Park Service Maintenance and 

17 Revitalization Conservation Fund 

18 ‘‘(a) IN GENERAL.—There is established in the 

19 Treasury a fund, to be known as the ‘National Park Serv20 ice Critical Maintenance and Revitalization Conservation 

21 Fund’ (referred to in this section as the ‘Fund’). 

22 ‘‘(b) DEPOSITS TO FUND.—Notwithstanding any 

23 provision of law providing that the proceeds shall be cred24 ited to miscellaneous receipts of the Treasury, for each 

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1 enues due and payable to the United States under section 

2 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 

3 1338) $150,000,000. 

4 ‘‘(c) USE AND AVAILABILITY.— 

5 ‘‘(1) IN GENERAL.—Amounts deposited in the 

6 Fund shall— 

7 ‘‘(A) be used only for the purposes de8 scribed in subsection (d); and 

9 ‘‘(B) be available for expenditure only after 

10 the amounts are appropriated for those pur11 poses. 

12 ‘‘(2) AVAILABILITY.—Any amounts in the Fund 

13 not appropriated shall remain available in the Fund 

14 until appropriated. 

15 ‘‘(3) NO LIMITATION.—Appropriations from the 

16 Fund pursuant to this section may be made without 

17 fiscal year limitation. 

18 ‘‘(d) NATIONAL PARK SYSTEM CRITICAL DEFERRED

19 MAINTENANCE.—The Secretary shall use amounts appro20 priated from the Fund for high-priority deferred mainte21 nance needs of the Service that support critical infrastruc22 ture and visitor services. 

23 ‘‘(e) LAND ACQUISITION PROHIBITION.—Amounts in 

24 the Fund shall not be used for land acquisition.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 1049 of title 54, United States Code, is 

3 amended by inserting after the item relating to section 

4 104907 the following: 

‘‘§104908. National Park Service Maintenance and Revitalization Conservation 

Fund.’’. 

5 SEC. 5102. LAND AND WATER CONSERVATION FUND. 

6 (a) REAUTHORIZATION.—Section 200302 of title 54, 

7 United States Code, is amended— 

8 (1) in subsection (b), in the matter preceding 

9 paragraph (1), by striking ‘‘During the period end10 ing September 30, 2018, there’’ and inserting 

11 ‘‘There’’; and 

12 (2) in subsection (c)(1), by striking ‘‘through 

13 September 30, 2018’’. 

14 (b) ALLOCATION OF FUNDS.—Section 200304 of title 

15 54, United States Code, is amended— 

16 (1) by striking ‘‘There’’ and inserting the fol17 lowing: 

18 ‘‘(a) IN GENERAL.—There’’; and 

19 (2) by striking the second sentence and insert20 ing the following: 

21 ‘‘(b) ALLOCATION.—Of the appropriations from the 

22 Fund— 

23 ‘‘(1) not less than 40 percent shall be used col24 lectively for Federal purposes under section 200306; 


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1 ‘‘(2) not less than 40 percent shall be used col2 lectively— 

3 ‘‘(A) to provide financial assistance to 

4 States under section 200305; 

5 ‘‘(B) for the Forest Legacy Program es6 tablished under section 7 of the Cooperative 

7 Forestry Assistance Act of 1978 (16 U.S.C. 

8 2103c); 

9 ‘‘(C) for cooperative endangered species 

10 grants authorized under section 6 of the En11 dangered Species Act of 1973 (16 U.S.C. 

12 1535); and 

13 ‘‘(D) for the American Battlefield Protec14 tion Program established under chapter 3081; 

15 and 

16 ‘‘(3) not less than 1.5 percent or $10,000,000, 

17 whichever is greater, shall be used for projects that 

18 secure recreational public access to Federal public 

19 land for hunting, fishing, or other recreational pur20 poses.’’. 

21 (c) CONSERVATION EASEMENTS.—Section 200306 of 

22 title 54, United States Code, is amended by adding at the 

23 end the following: 

24 ‘‘(c) CONSERVATION EASEMENTS.—The Secretary 

25 and the Secretary of Agriculture shall consider the acquiVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 sition of conservation easements and other similar inter2 ests in land where appropriate and feasible.’’. 

3 (d) ACQUISITION CONSIDERATIONS.—Section 

4 200306 of title 54, United States Code (as amended by 

5 subsection (c)), is amended by adding at the end the fol6 lowing: 

7 ‘‘(d) ACQUISITION CONSIDERATIONS.—The Secretary 

8 and the Secretary of Agriculture shall take into account 

9 the following in determining the land or interests in land 

10 to acquire: 

11 ‘‘(1) Management efficiencies. 

12 ‘‘(2) Management cost savings. 

13 ‘‘(3) Geographic distribution. 

14 ‘‘(4) Significance of the acquisition. 

15 ‘‘(5) Urgency of the acquisition. 

16 ‘‘(6) Threats to the integrity of the land to be 

17 acquired. 

18 ‘‘(7) The recreational value of the land.’’. 

19 SEC. 5103. HISTORIC PRESERVATION FUND. 

20 Section 303102 of title 54, United States Code, is 

21 amended by striking ‘‘of fiscal years 2012 to 2023’’ and 

22 inserting ‘‘fiscal year’’. 


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1 SEC. 5104. CONSERVATION INCENTIVES LANDOWNER EDU2 CATION PROGRAM. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall establish 

5 a conservation incentives landowner education program 

6 (referred to in this section as the ‘‘program’’). 

7 (b) PURPOSE OF PROGRAM.—The program shall pro8 vide information on Federal conservation programs avail9 able to landowners interested in undertaking conservation 

10 actions on the land of the landowners, including options 

11 under each conservation program available to achieve the 

12 conservation goals of the program, such as— 

13 (1) fee title land acquisition; 

14 (2) donation; and 

15 (3) perpetual and term conservation easements 

16 or agreements. 

17 (c) AVAILABILITY.—The Secretary shall ensure that 

18 the information provided under the program is made avail19 able to— 

20 (1) interested landowners; and 

21 (2) the public. 

22 (d) NOTIFICATION.—In any case in which the Sec23 retary contacts a landowner directly about participation 

24 in a Federal conservation program, the Secretary shall, 

25 in writing— 

26 (1) notify the landowner of the program; and 


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1 (2) make available information on the conserva2 tion program options that may be available to the 

3 landowner. 

4 TITLE VI—LAND CONVEYANCES 

5 AND RELATED MATTERS 

6 Subtitle A—Land Conveyances 

7 SEC. 6001. ARAPAHO NATIONAL FOREST BOUNDARY AD8 JUSTMENT. 

9 (a) IN GENERAL.—The boundary of the Arapaho Na10 tional Forest in the State of Colorado is adjusted to incor11 porate the approximately 92.95 acres of land generally de12 picted as ‘‘The Wedge’’ on the map entitled ‘‘Arapaho Na13 tional Forest Boundary Adjustment’’ and dated November 

14 6, 2013, and described as lots three, four, eight, and nine 

15 of section 13, T. 4 N., R. 76 W., Sixth Principal Meridian, 

16 Colorado. A lot described in this subsection may be in17 cluded in the boundary adjustment only after the Sec18 retary of Agriculture obtains written permission for such 

19 action from the lot owner or owners. 

20 (b) BOWEN GULCH PROTECTION AREA.—The Sec21 retary of Agriculture shall include all Federal land within 

22 the boundary described in subsection (a) in the Bowen 

23 Gulch Protection Area established under section 6 of the 

24 Colorado Wilderness Act of 1993 (16 U.S.C. 539j). 


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1 (c) LAND AND WATER CONSERVATION FUND.—For 

2 purposes of section 200306(a)(2)(B)(i) of title 54, United 

3 States Code, the boundaries of the Arapaho National For4 est, as modified under subsection (a), shall be considered 

5 to be the boundaries of the Arapaho National Forest as 

6 in existence on January 1, 1965. 

7 (d) PUBLIC MOTORIZED USE.—Nothing in this sec8 tion opens privately owned land within the boundary de9 scribed in subsection (a) to public motorized use. 

10 (e) ACCESS TO NON-FEDERAL LANDS.—Notwith11 standing the provisions of section 6(f) of the Colorado Wil12 derness Act of 1993 (16 U.S.C. 539j(f)) regarding motor13 ized travel, the owners of any non-Federal lands within 

14 the boundary described in subsection (a) who historically 

15 have accessed their land through land now or hereafter 

16 owned by the United States within the boundary described 

17 in subsection (a) shall have the continued right of motor18 ized access to their land across the existing roadway. 

19 SEC. 6002. LAND CONVEYANCE, ELKHORN RANCH AND 

20 WHITE RIVER NATIONAL FOREST, COLO21 RADO. 

22 (a) IN GENERAL.—Consistent with the purpose of the 

23 Act of March 3, 1909 (43 U.S.C. 772), all right, title, 

24 and interest of the United States (subject to subsection 

25 (b)) in and to a parcel of land consisting of approximately 


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1 148 acres as generally depicted on the map entitled ‘‘Elk2 horn Ranch Land Parcel–White River National Forest’’ 

3 and dated March 2015 shall be conveyed by patent to the 

4 Gordman-Leverich Partnership, a Colorado Limited Li5 ability Partnership (in this section referred to as ‘‘GLP’’). 

6 (b) EXISTING RIGHTS.—The conveyance under sub7 section (a)— 

8 (1) is subject to the valid existing rights of the 

9 lessee of Federal oil and gas lease COC–75070 and 

10 any other valid existing rights; and 

11 (2) shall reserve to the United States the right 

12 to collect rent and royalty payments on the lease re13 ferred to in paragraph (1) for the duration of the 

14 lease. 

15 (c) EXISTING BOUNDARIES.—The conveyance under 

16 subsection (a) does not modify the exterior boundary of 

17 the White River National Forest or the boundaries of sec18 tions 18 and 19 of T. 7 S., R. 93 W., Sixth Principal 

19 Meridian, Colorado, as such boundaries are in effect on 

20 the date of the enactment of this Act. 

21 (d) TIME FOR CONVEYANCE; PAYMENT OF COSTS.— 

22 The conveyance directed under subsection (a) shall be 

23 completed not later than 180 days after the date of the 

24 enactment of this Act. The conveyance shall be without 

25 consideration, except that all costs incurred by the SecVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 retary relating to any survey, platting, legal description, 

2 or other activities carried out to prepare and issue the pat3 ent shall be paid by GLP to the Secretary prior to the 

4 land conveyance. 

5 SEC. 6003. CRAGS, COLORADO LAND EXCHANGE. 

6 (a) PURPOSES.—The purposes of this section are— 

7 (1) to authorize, direct, expedite, and facilitate 

8 the land exchange set forth herein; and 

9 (2) to promote enhanced public outdoor rec10 reational and natural resource conservation opportu11 nities in the Pike National Forest near Pikes Peak, 

12 Colorado, through acquisition of the non-Federal 

13 land and trail easement. 

14 (b) DEFINITIONS.—In this section: 

15 (1) BHI.—The term ‘‘BHI’’ means Broadmoor 

16 Hotel, Inc., a Colorado corporation. 

17 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

18 means all right, title, and interest of the United 

19 States in and to approximately 83 acres of land 

20 within the Pike National Forest, El Paso County, 

21 Colorado, together with a non-exclusive perpetual ac22 cess easement to BHI to and from such land on 

23 Forest Service Road 371, as generally depicted on 

24 the map entitled ‘‘Proposed Crags Land Exchange– 


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1 Federal Parcel–Emerald Valley Ranch’’, dated 

2 March 2015. 

3 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed4 eral land’’ means the land and trail easement to be 

5 conveyed to the Secretary by BHI in the exchange 

6 and is— 

7 (A) approximately 320 acres of land within 

8 the Pike National Forest, Teller County, Colo9 rado, as generally depicted on the map entitled 

10 ‘‘Proposed Crags Land Exchange–Non-Federal 

11 Parcel–Crags Property’’, dated March 2015; 

12 and 

13 (B) a permanent trail easement for the 

14 Barr Trail in El Paso County, Colorado, as 

15 generally depicted on the map entitled ‘‘Pro16 posed Crags Land Exchange–Barr Trail Ease17 ment to United States’’, dated March 2015, 

18 and which shall be considered as a voluntary 

19 donation to the United States by BHI for all 

20 purposes of law. 

21 (4) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Agriculture, unless otherwise speci23 fied. 

24 (c) LAND EXCHANGE.— 


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1 (1) IN GENERAL.—If BHI offers to convey to 

2 the Secretary all right, title, and interest of BHI in 

3 and to the non-Federal land, the Secretary shall ac4 cept the offer and simultaneously convey to BHI the 

5 Federal land. 

6 (2) LAND TITLE.—Title to the non-Federal 

7 land conveyed and donated to the Secretary under 

8 this section shall be acceptable to the Secretary and 

9 shall conform to the title approval standards of the 

10 Attorney General of the United States applicable to 

11 land acquisitions by the Federal Government. 

12 (3) PERPETUAL ACCESS EASEMENT TO BHI.— 

13 The nonexclusive perpetual access easement to be 

14 granted to BHI as shown on the map referred to in 

15 subsection (b)(2) shall allow— 

16 (A) BHI to fully maintain, at BHI’s ex17 pense, and use Forest Service Road 371 from 

18 its junction with Forest Service Road 368 in 

19 accordance with historic use and maintenance 

20 patterns by BHI; and 

21 (B) full and continued public and adminis22 trative access and use of FSR 371 in accord23 ance with the existing Forest Service travel 

24 management plan, or as such plan may be re25 vised by the Secretary. 


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1 (4) ROUTE AND CONDITION OF ROAD.—BHI 

2 and the Secretary may mutually agree to improve, 

3 relocate, reconstruct, or otherwise alter the route 

4 and condition of all or portions of such road as the 

5 Secretary, in close consultation with BHI, may de6 termine advisable. 

7 (5) EXCHANGE COSTS.—BHI shall pay for all 

8 land survey, appraisal, and other costs to the Sec9 retary as may be necessary to process and consum10 mate the exchange directed by this section, including 

11 reimbursement to the Secretary, if the Secretary so 

12 requests, for staff time spent in such processing and 

13 consummation. 

14 (d) EQUAL VALUE EXCHANGE AND APPRAISALS.— 

15 (1) APPRAISALS.—The values of the land to be 

16 exchanged under this section shall be determined by 

17 the Secretary through appraisals performed in ac18 cordance with— 

19 (A) the Uniform Appraisal Standards for 

20 Federal Land Acquisitions; 

21 (B) the Uniform Standards of Professional 

22 Appraisal Practice; 

23 (C) appraisal instructions issued by the 

24 Secretary; and 


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1 (D) shall be performed by an appraiser 

2 mutually agreed to by the Secretary and BHI. 

3 (2) EQUAL VALUE EXCHANGE.—The values of 

4 the Federal and non-Federal land parcels exchanged 

5 shall be equal, or if they are not equal, shall be 

6 equalized as follows: 

7 (A) SURPLUS OF FEDERAL LAND

8 VALUE.—If the final appraised value of the 

9 Federal land exceeds the final appraised value 

10 of the non-Federal land parcel identified in sub11 section (b)(3)(A), BHI shall make a cash 

12 equalization payment to the United States as 

13 necessary to achieve equal value, including, if 

14 necessary, an amount in excess of that author15 ized pursuant to section 206(b) of the Federal 

16 Land Policy and Management Act of 1976 (43 

17 U.S.C. 1716(b)). 

18 (B) USE OF FUNDS.—Any cash equali19 zation moneys received by the Secretary under 

20 subparagraph (A) shall be— 

21 (i) deposited in the fund established 

22 under Public Law 90–171 (16 U.S.C. 

23 484a) (commonly known as the ‘‘Sisk 

24 Act’’); and 


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1 (ii) made available to the Secretary 

2 for the acquisition of land or interests in 

3 land in Region 2 of the Forest Service. 

4 (C) SURPLUS OF NON-FEDERAL LAND

5 VALUE.—If the final appraised value of the 

6 non-Federal land parcel identified in subsection 

7 (b)(3)(A) exceeds the final appraised value of 

8 the Federal land, the United States shall not 

9 make a cash equalization payment to BHI, and 

10 surplus value of the non-Federal land shall be 

11 considered a donation by BHI to the United 

12 States for all purposes of law. 

13 (3) APPRAISAL EXCLUSIONS.— 

14 (A) SPECIAL USE PERMIT.—The appraised 

15 value of the Federal land parcel shall not reflect 

16 any increase or diminution in value due to the 

17 special use permit existing on the date of the 

18 enactment of this Act to BHI on the parcel and 

19 improvements thereunder. 

20 (B) BARR TRAIL EASEMENT.—The Barr 

21 Trail easement donation identified in subsection 

22 (c)(3)(B) shall not be appraised for purposes of 

23 this section. 

24 (e) MISCELLANEOUS PROVISIONS.— 

25 (1) WITHDRAWAL PROVISIONS.— 


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1 (A) WITHDRAWAL.—Land acquired by the 

2 Secretary under this section shall, without fur3 ther action by the Secretary, be permanently 

4 withdrawn from all forms of appropriation and 

5 disposal under the public land laws (including 

6 the mining and mineral leasing laws) and the 

7 Geothermal Steam Act of 1970 (30 U.S.C. 

8 1001 et seq.). 

9 (B) WITHDRAWAL REVOCATION.—Any 

10 public land order that withdraws the Federal 

11 land from appropriation or disposal under a 

12 public land law shall be revoked to the extent 

13 necessary to permit disposal of the Federal land 

14 parcel to BHI. 

15 (C) WITHDRAWAL OF FEDERAL LAND.— 

16 All Federal land authorized to be exchanged 

17 under this section, if not already withdrawn or 

18 segregated from appropriation or disposal under 

19 the public lands laws upon enactment of this 

20 Act, is hereby so withdrawn, subject to valid ex21 isting rights, until the date of conveyance of the 

22 Federal land to BHI. 

23 (2) POSTEXCHANGE LAND MANAGEMENT.— 

24 Land acquired by the Secretary under this section 

25 shall become part of the Pike-San Isabel National 


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1 Forest and be managed in accordance with the laws, 

2 rules, and regulations applicable to the National 

3 Forest System. 

4 (3) EXCHANGE TIMETABLE.—It is the intent of 

5 Congress that the land exchange directed by this 

6 section be consummated no later than 1 year after 

7 the date of enactment of this Act. 

8 (4) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

9 (A) MINOR ERRORS.—The Secretary and 

10 BHI may by mutual agreement make minor 

11 boundary adjustments to the Federal and non12 Federal land involved in the exchange, and may 

13 correct any minor errors in any map, acreage 

14 estimate, or description of any land to be ex15 changed. 

16 (B) CONFLICT.—If there is a conflict be17 tween a map, an acreage estimate, or a descrip18 tion of land under this section, the map shall 

19 control unless the Secretary and BHI mutually 

20 agree otherwise. 

21 (C) AVAILABILITY.—Upon enactment of 

22 this Act, the Secretary shall file and make 

23 available for public inspection in the head24 quarters of the Pike-San Isabel National Forest 

25 a copy of all maps referred to in this section. 


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1 SEC. 6004. CLARIFICATION RELATING TO A CERTAIN LAND 

2 DESCRIPTION UNDER THE NORTHERN ARI3 ZONA LAND EXCHANGE AND VERDE RIVER 

4 BASIN PARTNERSHIP ACT OF 2005. 

5 Section 104(a)(5) of the Northern Arizona Land Ex6 change and Verde River Basin Partnership Act of 2005 

7 (Public Law 109–110; 119 Stat. 2356) is amended by in8 serting before the period at the end ‘‘, which, notwithstanding section 102(a)(4)(B), includes the N1⁄2 NE1 9 ⁄4

SW1⁄4 SW1⁄4, the N1⁄2, N1⁄2, SE1⁄4 SW1⁄4, and the N1 10 ⁄2

N1⁄2 SW1⁄4 SE1 11 ⁄4, sec. 34, T. 22 N., R. 2 E., Gila and 

12 Salt River Meridian, Coconino County, comprising ap13 proximately 25 acres’’. 

14 SEC. 6005. COOPER SPUR LAND EXCHANGE CLARIFICATION 

15 AMENDMENTS. 

16 Section 1206(a) of the Omnibus Public Land Man17 agement Act of 2009 (Public Law 111–11; 123 Stat. 

18 1018) is amended— 

19 (1) in paragraph (1)— 

20 (A) in subparagraph (C), by striking ‘‘120 

21 acres’’ and inserting ‘‘107 acres’’; and 

22 (B) in subparagraph (E)(ii), by inserting 

23 ‘‘improvements,’’ after ‘‘buildings,’’; and 

24 (2) in paragraph (2)— 

25 (A) in subparagraph (D)— 


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1 (i) in clause (i), by striking ‘‘As soon 

2 as practicable after the date of enactment 

3 of this Act, the Secretary and Mt. Hood 

4 Meadows shall select’’ and inserting ‘‘Not 

5 later than 120 days after the date of the 

6 enactment of the Energy and Natural Re7 sources Act of 2017, the Secretary and Mt. 

8 Hood Meadows shall jointly select’’; 

9 (ii) in clause (ii), in the matter pre10 ceding subclause (I), by striking ‘‘An ap11 praisal under clause (i) shall’’ and insert12 ing ‘‘Except as provided under clause (iii), 

13 an appraisal under clause (i) shall assign a 

14 separate value to each tax lot to allow for 

15 the equalization of values and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(iii) FINAL APPRAISED VALUE.— 

19 ‘‘(I) IN GENERAL.—Subject to 

20 subclause (II), after the final ap21 praised value of the Federal land and 

22 the non-Federal land are determined 

23 and approved by the Secretary, the 

24 Secretary shall not be required to re25 appraise or update the final appraised 


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1 value for a period of up to 3 years, 

2 beginning on the date of the approval 

3 by the Secretary of the final appraised 

4 value. 

5 ‘‘(II) EXCEPTION.—Subclause (I) 

6 shall not apply if the condition of ei7 ther the Federal land or the non-Fed8 eral land referred to in subclause (I) 

9 is significantly and substantially al10 tered by fire, windstorm, or other 

11 events. 

12 ‘‘(iv) PUBLIC REVIEW.—Before com13 pleting the land exchange under this Act, 

14 the Secretary shall make available for pub15 lic review the complete appraisals of the 

16 land to be exchanged.’’; and 

17 (B) by striking subparagraph (G) and in18 serting the following: 

19 ‘‘(G) REQUIRED CONVEYANCE CONDI20 TIONS.—Prior to the exchange of the Federal 

21 and non-Federal land— 

22 ‘‘(i) the Secretary and Mt. Hood 

23 Meadows may mutually agree for the Sec24 retary to reserve a conservation easement 

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1 ance with applicable law, subject to the re2 quirements that— 

3 ‘‘(I) the conservation easement 

4 shall be consistent with the terms of 

5 the September 30, 2015, mediation 

6 between the Secretary and Mt. Hood 

7 Meadows; and 

8 ‘‘(II) in order to take effect, the 

9 conservation easement shall be final10 ized not later than 120 days after the 

11 date of enactment of the Energy and 

12 Natural Resources Act of 2017; and 

13 ‘‘(ii) the Secretary shall reserve a 24- 

14 foot-wide nonexclusive trail easement at 

15 the existing trail locations on the Federal 

16 land that retains for the United States ex17 isting rights to construct, reconstruct, 

18 maintain, and permit nonmotorized use by 

19 the public of existing trails subject to the 

20 right of the owner of the Federal land— 

21 ‘‘(I) to cross the trails with 

22 roads, utilities, and infrastructure fa23 cilities; and 


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1 ‘‘(II) to improve or relocate the 

2 trails to accommodate development of 

3 the Federal land. 

4 ‘‘(H) EQUALIZATION OF VALUES.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 subparagraph (A), in addition to or in lieu 

7 of monetary compensation, a lesser area of 

8 Federal land or non-Federal land may be 

9 conveyed if necessary to equalize appraised 

10 values of the exchange properties, without 

11 limitation, consistent with the require12 ments of this Act and subject to the ap13 proval of the Secretary and Mt. Hood 

14 Meadows. 

15 ‘‘(ii) TREATMENT OF CERTAIN COM16 PENSATION OR CONVEYANCES AS DONA17 TION.—If, after payment of compensation 

18 or adjustment of land area subject to ex19 change under this Act, the amount by 

20 which the appraised value of the land and 

21 other property conveyed by Mt. Hood 

22 Meadows under subparagraph (A) exceeds 

23 the appraised value of the land conveyed 

24 by the Secretary under subparagraph (A) 


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1 shall be considered a donation by Mt. 

2 Hood Meadows to the United States.’’. 

3 SEC. 6006. BLACK HILLS NATIONAL CEMETERY BOUNDARY 

4 MODIFICATION. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CEMETERY.—The term ‘‘Cemetery’’ means 

7 the Black Hills National Cemetery in Sturgis, South 

8 Dakota. 

9 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

10 means the approximately 200 acres of Bureau of 

11 Land Management land adjacent to the Cemetery, 

12 generally depicted as ‘‘Proposed National Cemetery 

13 Expansion’’ on the map entitled ‘‘Proposed Expan14 sion of Black Hills National Cemetery-South Da15 kota’’ and dated June 16, 2016. 

16 (b) TRANSFER AND WITHDRAWAL OF BUREAU OF

17 LAND MANAGEMENT LAND FOR CEMETERY USE.— 

18 (1) CONDUCT OF DUE DILIGENCE ACTIVITIES

19 BY THE SECRETARY OF VETERANS AFFAIRS.— 

20 (A) IN GENERAL.—Before the transfer of 

21 administrative jurisdiction and withdrawal of 

22 the Federal land under paragraphs (2) and (3), 

23 respectively, and subject to subparagraph (B), 

24 the Secretary of Veterans Affairs shall complete 

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1 source, and other due diligence activities on the 

2 Federal land that would enable the Secretary of 

3 Veterans Affairs to confirm that the Federal 

4 land is suitable for cemetery purposes. 

5 (B) NOTICE; REQUIRED COORDINATION.— 

6 The Secretary of Veterans Affairs shall— 

7 (i) before conducting any due dili8 gence activities under subparagraph (A), 

9 notify the Secretary of the activities to be 

10 conducted; 

11 (ii) as the Secretary of Veterans Af12 fairs determines to be necessary in the 

13 conduct of the due diligence activities 

14 under subparagraph (A), coordinate the 

15 activities with the Secretary; and 

16 (iii) if the Secretary of Veterans Af17 fairs determines, on completion of the due 

18 diligence activities under subparagraph 

19 (A), that the Federal land is suitable for 

20 cemetery purposes, submit written notice 

21 of the determination to the Secretary. 

22 (2) TRANSFER OF ADMINISTRATIVE JURISDIC23 TION.— 

24 (A) TRANSFER.— 


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1 (i) IN GENERAL.—On receipt by the 

2 Secretary of written notice of a determina3 tion that the Federal land is suitable for 

4 cemetery purposes under paragraph 

5 (1)(B)(iii), except as provided in clause 

6 (ii), and subject to valid existing rights, 

7 administrative jurisdiction over the Federal 

8 land is transferred from the Secretary to 

9 the Secretary of Veterans Affairs for use 

10 as a national cemetery in accordance with 

11 chapter 24 of title 38, United States Code. 

12 (ii) EXCLUSION.—The transfer of ad13 ministrative jurisdiction over the Federal 

14 land under clause (i) shall not include the 

15 land located within 100 feet of the center 

16 of the Centennial Trail, as generally de17 picted on the map entitled ‘‘Proposed Ex18 pansion of Black Hills National Cemetery19 South Dakota’’ and dated June 16, 2016. 

20 (B) LEGAL DESCRIPTIONS.— 

21 (i) IN GENERAL.—As soon as prac22 ticable after the date of enactment of this 

23 Act, the Secretary shall publish in the Fed24 eral Register a notice containing a legal 

25 description of the Federal land. 


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1 (ii) EFFECT.—A legal description 

2 published under clause (i) shall have the 

3 same force and effect as if included in this 

4 section, except that the Secretary may cor5 rect any clerical and typographical errors 

6 in the legal description. 

7 (iii) AVAILABILITY.—Copies of the 

8 legal description published under clause (i) 

9 shall be available for public inspection in 

10 the appropriate offices of— 

11 (I) the Bureau of Land Manage12 ment; and 

13 (II) the National Cemetery Ad14 ministration. 

15 (iv) COSTS.—The Secretary of Vet16 erans Affairs shall reimburse the Secretary 

17 for the costs incurred by the Secretary in 

18 carrying out this subparagraph, including 

19 the costs of any surveys and other reason20 able costs. 

21 (3) WITHDRAWAL.—On receipt by the Sec22 retary of written notice of a determination that the 

23 Federal land is suitable for cemetery purposes under 

24 paragraph (1)(B)(iii) and subject to valid existing 

25 rights, the Federal land— 


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1 (A) is withdrawn from all forms of appro2 priation under the public land laws, including 

3 the mining laws, the mineral leasing laws, and 

4 the geothermal leasing laws; and 

5 (B) shall be treated as property as defined 

6 under section 102(9) of title 40, United States 

7 Code. 

8 (4) BOUNDARY MODIFICATION.—The boundary 

9 of the Cemetery is modified to include the Federal 

10 land. 

11 (5) MODIFICATION OF PUBLIC LAND ORDER.— 

12 Public Land Order 2112, dated June 6, 1960 (25 

13 Fed. Reg. 5243), is modified to exclude the Federal 

14 land. 

15 SEC. 6007. COW CREEK UMPQUA LAND CONVEYANCE. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COUNCIL CREEK LAND.—The term ‘‘Council 

18 Creek land’’ means the approximately 17,519 acres 

19 of land, as generally depicted on the map entitled 

20 ‘‘Canyon Mountain Land Conveyance’’ and dated 

21 May 24, 2016. 

22 (2) TRIBE.—The term ‘‘Tribe’’ means the Cow 

23 Creek Band of Umpqua Tribe of Indians. 

24 (b) LAND TO BE HELD IN TRUST.— 


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1 (1) IN GENERAL.—Subject to valid existing 

2 rights, including rights-of-way, all right, title, and 

3 interest of the United States in and to the Council 

4 Creek land, including any improvements located on 

5 the land, appurtenances to the land, and minerals on 

6 or in the land, including oil and gas, shall be— 

7 (A) held in trust by the United States for 

8 the benefit of the Tribe; and 

9 (B) part of the reservation of the Tribe. 

10 (2) SURVEY.—Not later than 2 years after the 

11 date of enactment of this Act, the Secretary shall 

12 complete a survey to establish the boundaries of the 

13 land taken into trust under paragraph (1). 

14 (3) EFFECTIVE DATE.—Paragraph (1) shall 

15 take effect on the day after the date on which the 

16 Secretary records the agreement entered into under 

17 subsection (d)(4)(A). 

18 (c) MAP AND LEGAL DESCRIPTION.— 

19 (1) IN GENERAL.—As soon as practicable after 

20 the date of enactment of this Act, the Secretary 

21 shall file a map and legal description of the Council 

22 Creek land with— 

23 (A) the Committee on Energy and Natural 

24 Resources of the Senate; and 


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1 (B) the Committee on Natural Resources 

2 of the House of Representatives. 

3 (2) FORCE AND EFFECT.—The map and legal 

4 description filed under paragraph (1) shall have the 

5 same force and effect as if included in this section, 

6 except that the Secretary may correct any clerical or 

7 typographical errors in the map or legal description. 

8 (3) PUBLIC AVAILABILITY.—The map and legal 

9 description filed under paragraph (1) shall be on file 

10 and available for public inspection in the Office of 

11 the Secretary. 

12 (d) ADMINISTRATION.— 

13 (1) IN GENERAL.—Unless expressly provided in 

14 this section, nothing in this section affects any right 

15 or claim of the Tribe existing on the date of enact16 ment of this Act to any land or interest in land. 

17 (2) PROHIBITIONS.— 

18 (A) EXPORTS OF UNPROCESSED LOGS.— 

19 Federal law (including regulations) relating to 

20 the export of unprocessed logs harvested from 

21 Federal land shall apply to any unprocessed 

22 logs that are harvested from the Council Creek 

23 land. 

24 (B) NON-PERMISSIBLE USE OF LAND.— 

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1 section (b) shall not be eligible, or used, for any 

2 gaming activity carried out under Public Law 

3 100–497 (25 U.S.C. 2701 et seq.). 

4 (3) FOREST MANAGEMENT.—Any forest man5 agement activity that is carried out on the Council 

6 Creek land shall be managed in accordance with all 

7 applicable Federal laws. 

8 (4) AGREEMENTS.— 

9 (A) MEMORANDUM OF AGREEMENT FOR

10 ADMINISTRATIVE ACCESS.—Not later than 180 

11 days after the date of enactment of this Act, 

12 the Secretary shall seek to enter into an agree13 ment with the Tribe that secures existing ad14 ministrative access by the Secretary to the 

15 Council Creek land. 

16 (B) RECIPROCAL RIGHT-OF-WAY AGREE17 MENTS.— 

18 (i) IN GENERAL.—On the date on 

19 which the agreement is entered into under 

20 subparagraph (A), the Secretary shall pro21 vide to the Tribe all reciprocal right-of-way 

22 agreements to the Council Creek land in 

23 existence as of the date of enactment of 

24 this Act. 


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1 (ii) CONTINUED ACCESS.—Beginning 

2 on the date on which the Council Creek 

3 land is taken into trust under subsection 

4 (b), the Tribe shall continue the access 

5 provided by the agreements referred to in 

6 clause (i) in perpetuity. 

7 (5) LAND USE PLANNING REQUIREMENTS.—Ex8 cept as provided in paragraph (3), once the Council 

9 Creek land is taken into trust under subsection (b), 

10 the Council Creek land shall not be subject to the 

11 land use planning requirements of the Federal Land 

12 Policy and Management Act of 1976 (43 U.S.C. 

13 1701 et seq.) or the Act of August 28, 1937 (43 

14 U.S.C. 1181a et seq.). 

15 (e) LAND RECLASSIFICATION.— 

16 (1) IDENTIFICATION OF OREGON AND CALI17 FORNIA RAILROAD GRANT LAND.—Not later than 

18 180 days after the date of enactment of this Act, the 

19 Secretary of Agriculture and the Secretary shall 

20 identify any Oregon and California Railroad grant 

21 land that is held in trust by the United States for 

22 the benefit of the Tribe under subsection (b). 

23 (2) IDENTIFICATION OF PUBLIC DOMAIN

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1 actment of this Act, the Secretary shall identify pub2 lic domain land in the State of Oregon that— 

3 (A) is approximately equal in acreage and 

4 condition as the Oregon and California Railroad 

5 grant land identified under paragraph (1); and 

6 (B) is located within the 18 western Or7 egon and California Railroad grant land coun8 ties (other than Klamath County, Oregon). 

9 (3) MAPS.—Not later than 3 years after the 

10 date of enactment of this Act, the Secretary shall 

11 submit to Congress and publish in the Federal Reg12 ister 1 or more maps depicting the land identified in 

13 paragraphs (1) and (2). 

14 (4) RECLASSIFICATION.— 

15 (A) IN GENERAL.—After providing an op16 portunity for public comment, the Secretary 

17 shall reclassify the land identified in paragraph 

18 (2) as Oregon and California Railroad grant 

19 land. 

20 (B) APPLICABILITY.—The Act of August 

21 28, 1937 (43 U.S.C. 1181a et seq.), shall apply 

22 to land reclassified as Oregon and California 

23 Railroad grant land under subparagraph (A). 

24 SEC. 6008. OREGON COASTAL LAND. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) CONFEDERATED TRIBES.—The term ‘‘Con2 federated Tribes’’ means the Confederated Tribes of 

3 Coos, Lower Umpqua, and Siuslaw Indians. 

4 (2) OREGON COASTAL LAND.—The term ‘‘Or5 egon Coastal land’’ means the approximately 14,742 

6 acres of land, as generally depicted on the map enti7 tled ‘‘Oregon Coastal Land Conveyance’’ and dated 

8 July 11, 2016. 

9 (b) LAND TO BE HELD IN TRUST.— 

10 (1) IN GENERAL.—Subject to valid existing 

11 rights, including rights-of-way, all right, title, and 

12 interest of the United States in and to the Oregon 

13 Coastal land, including any improvements located on 

14 the land, appurtenances to the land, and minerals on 

15 or in the land, including oil and gas, shall be— 

16 (A) held in trust by the United States for 

17 the benefit of the Confederated Tribes; and 

18 (B) part of the reservation of the Confed19 erated Tribes. 

20 (2) SURVEY.—Not later than 2 years after the 

21 date of enactment of this Act, the Secretary shall 

22 complete a survey to establish the boundaries of the 

23 land taken into trust under paragraph (1). 

24 (3) EFFECTIVE DATE.—Paragraph (1) shall 

25 take effect on the day after the date on which the 


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1 Secretary records the agreement entered into under 

2 subsection (d)(4)(A). 

3 (c) MAP AND LEGAL DESCRIPTION.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary 

6 shall file a map and legal description of the Oregon 

7 Coastal land with— 

8 (A) the Committee on Energy and Natural 

9 Resources of the Senate; and 

10 (B) the Committee on Natural Resources 

11 of the House of Representatives. 

12 (2) FORCE AND EFFECT.—The map and legal 

13 description filed under paragraph (1) shall have the 

14 same force and effect as if included in this section, 

15 except that the Secretary may correct any clerical or 

16 typographical errors in the map or legal description. 

17 (3) PUBLIC AVAILABILITY.—The map and legal 

18 description filed under paragraph (1) shall be on file 

19 and available for public inspection in the Office of 

20 the Secretary. 

21 (d) ADMINISTRATION.— 

22 (1) IN GENERAL.—Unless expressly provided in 

23 this section, nothing in this section affects any right 

24 or claim of the Confederated Tribes existing on the 


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1 date of enactment of this Act to any land or interest 

2 in land. 

3 (2) PROHIBITIONS.— 

4 (A) EXPORTS OF UNPROCESSED LOGS.— 

5 Federal law (including regulations) relating to 

6 the export of unprocessed logs harvested from 

7 Federal land shall apply to any unprocessed 

8 logs that are harvested from the Oregon Coast9 al land taken into trust under subsection (b). 

10 (B) NON-PERMISSIBLE USE OF LAND.— 

11 Any real property taken into trust under sub12 section (b) shall not be eligible, or used, for any 

13 gaming activity carried out under Public Law 

14 100–497 (25 U.S.C. 2701 et seq.). 

15 (3) FOREST MANAGEMENT.—Any forest man16 agement activity that is carried out on the Oregon 

17 Coastal land shall be managed in accordance with all 

18 applicable Federal laws. 

19 (4) AGREEMENTS.— 

20 (A) MEMORANDUM OF AGREEMENT FOR

21 ADMINISTRATIVE ACCESS.—Not later than 180 

22 days after the date of enactment of this Act, 

23 the Secretary shall seek to enter into an agree24 ment with the Confederated Tribes that secures 

25 existing administrative access by the Secretary 


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1 to the Oregon Coastal land and that provides 

2 for— 

3 (i) access for certain activities, includ4 ing— 

5 (I) forest management; 

6 (II) timber and rock haul; 

7 (III) road maintenance; 

8 (IV) wildland fire protection and 

9 management; 

10 (V) cadastral surveys; 

11 (VI) wildlife, cultural, and other 

12 surveys; and 

13 (VII) law enforcement activities; 

14 (ii) the management of the Oregon 

15 Coastal land that is acquired or developed 

16 under chapter 2003 of title 54, United 

17 States Code, consistent with section 

18 200305(f)(3) of that title; and 

19 (iii) the terms of public vehicular 

20 transit across the Oregon Coastal land to 

21 and from the Hult Log Storage Reservoir 

22 located in T. 15 S., R. 7 W., as generally 

23 depicted on the map described in sub24 section (a)(2), subject to the requirement 

25 that if the Bureau of Land Management 


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1 discontinues maintenance of the public 

2 recreation site known as ‘‘Hult Reservoir’’, 

3 the terms of any agreement in effect on 

4 that date that provides for public vehicular 

5 transit to and from the Hult Log Storage 

6 Reservoir shall be void. 

7 (B) RECIPROCAL RIGHT-OF-WAY AGREE8 MENTS.— 

9 (i) IN GENERAL.—On the date on 

10 which the agreement is entered into under 

11 subparagraph (A), the Secretary shall pro12 vide to the Confederated Tribes all recip13 rocal right-of-way agreements to the Or14 egon Coastal land in existence on the date 

15 of enactment of this Act. 

16 (ii) CONTINUED ACCESS.—Beginning 

17 on the date on which the Oregon Coastal 

18 land is taken into trust under subsection 

19 (b), the Confederated Tribes shall continue 

20 the access provided by the reciprocal right21 of-way agreements referred to in clause (i) 

22 in perpetuity. 

23 (5) LAND USE PLANNING REQUIREMENTS.—Ex24 cept as provided in paragraph (3), once the Oregon 

25 Coastal land is taken into trust under subsection 


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1 (b), the Oregon Coastal land shall not be subject to 

2 the land use planning requirements of the Federal 

3 Land Policy and Management Act of 1976 (43 

4 U.S.C. 1701 et seq.) or the Act of August 28, 1937 

5 (43 U.S.C. 1181a et seq.). 

6 (e) LAND RECLASSIFICATION.— 

7 (1) IDENTIFICATION OF OREGON AND CALI8 FORNIA RAILROAD GRANT LAND.—Not later than 

9 180 days after the date of enactment of this Act, the 

10 Secretary of Agriculture and the Secretary shall 

11 identify any Oregon and California Railroad grant 

12 land that is held in trust by the United States for 

13 the benefit of the Confederated Tribes under sub14 section (b). 

15 (2) IDENTIFICATION OF PUBLIC DOMAIN

16 LAND.—Not later than 2 years after the date of en17 actment of this Act, the Secretary shall identify pub18 lic domain land in the State of Oregon that— 

19 (A) is approximately equal in acreage and 

20 condition as the Oregon and California Railroad 

21 grant land identified under paragraph (1); and 

22 (B) is located within the 18 western Or23 egon and California Railroad grant land coun24 ties (other than Klamath County, Oregon). 


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1 (3) MAPS.—Not later than 3 years after the 

2 date of enactment of this Act, the Secretary shall 

3 submit to Congress and publish in the Federal Reg4 ister 1 or more maps depicting the land identified in 

5 paragraphs (1) and (2). 

6 (4) RECLASSIFICATION.— 

7 (A) IN GENERAL.—After providing an op8 portunity for public comment, the Secretary 

9 shall reclassify the land identified in paragraph 

10 (2) as Oregon and California Railroad grant 

11 land. 

12 (B) APPLICABILITY.—The Act of August 

13 28, 1937 (43 U.S.C. 1181a et seq.), shall apply 

14 to land reclassified as Oregon and California 

15 Railroad grant land under subparagraph (A). 

16 SEC. 6009. AMENDMENTS TO COQUILLE RESTORATION ACT. 

17 Section 5(d) of the Coquille Restoration Act (Public 

18 Law 101–42; 103 Stat. 92, 110 Stat. 3009–537) is 

19 amended— 

20 (1) by striking paragraph (5) and inserting the 

21 following: 

22 ‘‘(5) MANAGEMENT.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary, acting through the 

25 Assistant Secretary for Indian Affairs, shall 


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1 manage the Coquille Forest in accordance with 

2 the laws pertaining to the management of In3 dian trust land. 

4 ‘‘(B) ADMINISTRATION.— 

5 ‘‘(i) UNPROCESSED LOGS.—Unproc6 essed logs harvested from the Coquille For7 est shall be subject to the same Federal 

8 statutory restrictions on export to foreign 

9 nations that apply to unprocessed logs har10 vested from Federal land. 

11 ‘‘(ii) SALES OF TIMBER.—Notwith12 standing any other provision of law, all 

13 sales of timber from land subject to this 

14 subsection shall be advertised, offered, and 

15 awarded according to competitive bidding 

16 practices, with sales being awarded to the 

17 highest responsible bidder.’’; 

18 (2) by striking paragraph (9); and 

19 (3) by redesignating paragraphs (10) through 

20 (12) as paragraphs (9) through (11), respectively. 


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1 SEC. 6010. CONVEYANCE OF FEDERAL LAND WITHIN THE 

2 SWAN LAKE HYDROELECTRIC PROJECT 

3 BOUNDARY. 

4 Not later than 18 months after the date of enactment 

5 of this Act, the Secretary, after consultation with the Sec6 retary of Agriculture, shall— 

7 (1) survey the exterior boundaries of the tract 

8 of Federal land within the project boundary of the 

9 Swan Lake Hydroelectric Project (FERC No. 2911) 

10 as generally depicted and labeled ‘‘Lost Creek’’ on 

11 the map entitled ‘‘Swan Lake Project Boundary— 

12 Lot 2’’ and dated February 1, 2016; and 

13 (2) issue a patent to the State of Alaska for the 

14 tract described in paragraph (1) in accordance 

15 with— 

16 (A) the survey authorized under paragraph 

17 (1); 

18 (B) section 6(a) of the Act of July 7, 1958 

19 (commonly known as the ‘‘Alaska Statehood 

20 Act’’) (48 U.S.C. note prec. 21; Public Law 85– 

21 508); and 

22 (C) section 24 of the Federal Power Act 

23 (16 U.S.C. 818). 

24 SEC. 6011. PASCUA YAQUI TRIBE LAND CONVEYANCE. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) DISTRICT.—The term ‘‘District’’ means the 

2 Tucson Unified School District No. 1, a school dis3 trict recognized as such under the laws of the State 

4 of Arizona. 

5 (2) MAP.—The term ‘‘Map’’ means the map ti6 tled ‘‘ ‘Pascua Yaqui Tribe Land Conveyance Act’’, 

7 dated March 14, 2016, and on file and available for 

8 public inspection in the local office of the Bureau of 

9 Land Management. 

10 (3) RECREATION AND PUBLIC PURPOSES

11 ACT.—The term ‘‘Recreation and Public Purposes 

12 Act’’ means the Act of June 14, 1926 (43 U.S.C. 

13 869 et seq.). 

14 (4) TRIBE.—The term ‘‘Tribe’’ means the 

15 Pascua Yaqui Tribe of Arizona, a federally recog16 nized Indian tribe. 

17 (b) LAND TO BE HELD IN TRUST.— 

18 (1) PARCEL A.—Subject to paragraph (2) and 

19 to valid existing rights, all right, title, and interest 

20 of the United States in and to the approximately 

21 39.65 acres of Federal lands generally depicted on 

22 the map as ‘‘Parcel A’’ are declared to be held in 

23 trust by the United States for the benefit of the 

24 Tribe. 


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1 (2) EFFECTIVE DATE.—Paragraph (1) shall 

2 take effect on the day after the date on which the 

3 District relinquishes all right, title, and interest of 

4 the District in and to the approximately 39.65 acres 

5 of land described in paragraph (1). 

6 (c) LANDS TO BE CONVEYED TO THE DISTRICT.— 

7 (1) PARCEL B.— 

8 (A) IN GENERAL.—Subject to valid exist9 ing rights and payment to the United States of 

10 the fair market value, the United States shall 

11 convey to the District all right, title, and inter12 est of the United States in and to the approxi13 mately 13.24 acres of Federal lands generally 

14 depicted on the map as ‘‘Parcel B’’. 

15 (B) DETERMINATION OF FAIR MARKET

16 VALUE.—The fair market value of the property 

17 to be conveyed under subparagraph (A) shall be 

18 determined by the Secretary in accordance with 

19 the Uniform Appraisal Standards for Federal 

20 Land Acquisitions and the Uniform Standards 

21 of Professional Appraisal Practice. 

22 (C) COSTS OF CONVEYANCE.—As a condi23 tion of the conveyance under this paragraph, all 

24 costs associated with the conveyance shall be 

25 paid by the District. 


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1 (2) PARCEL C.— 

2 (A) IN GENERAL.—If, not later than 1 

3 year after the completion of the appraisal re4 quired by subparagraph (C), the District sub5 mits to the Secretary an offer to acquire the 

6 Federal reversionary interest in all of the ap7 proximately 27.5 acres of land conveyed to the 

8 District under Recreation and Public Purposes 

9 Act and generally depicted on the map as ‘‘Par10 cel C’’, the Secretary shall convey to the Dis11 trict such reversionary interest in the lands cov12 ered by the offer. The Secretary shall complete 

13 the conveyance not later than 30 days after the 

14 date of the offer. 

15 (B) SURVEY.—Not later than 90 days 

16 after the date of the enactment of this Act, the 

17 Secretary shall complete a survey of the lands 

18 described in this paragraph to determine the 

19 precise boundaries and acreage of the lands 

20 subject to the Federal reversionary interest. 

21 (C) APPRAISAL.—Not later than 180 days 

22 after the date of enactment of this Act, the Sec23 retary shall complete an appraisal of the Fed24 eral reversionary interest in the lands identified 

25 by the survey required by subparagraph (B). 


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1 The appraisal shall be completed in accordance 

2 with the Uniform Appraisal Standards for Fed3 eral Land Acquisitions and the Uniform Stand4 ards of Professional Appraisal Practice. 

5 (D) CONSIDERATION.—As consideration 

6 for the conveyance of the Federal reversionary 

7 interest under this paragraph, the District shall 

8 pay to the Secretary an amount equal to the 

9 appraised value of the Federal interest, as de10 termined under subparagraph (C). The consid11 eration shall be paid not later than 30 days 

12 after the date of the conveyance. 

13 (E) COSTS OF CONVEYANCE.—As a condi14 tion of the conveyance under this paragraph, all 

15 costs associated with the conveyance, including 

16 the cost of the survey required by subparagraph 

17 (B) and the appraisal required by subparagraph 

18 (C), shall be paid by the District. 

19 (d) GAMING PROHIBITION.—The Tribe may not con20 duct gaming activities on lands taken into trust pursuant 

21 to this section, either as a matter of claimed inherent au22 thority, under the authority of any Federal law, including 

23 the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 

24 seq.), or under regulations promulgated by the Secretary 

25 or the National Indian Gaming Commission. 


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1 (e) WATER RIGHTS.— 

2 (1) IN GENERAL.—There shall be no Federal 

3 reserved right to surface water or groundwater for 

4 any land taken into trust by the United States for 

5 the benefit of the Tribe under this section. 

6 (2) STATE WATER RIGHTS.—The Tribe retains 

7 any right or claim to water under State law for any 

8 land taken into trust by the United States for the 

9 benefit of the Tribe under this section. 

10 (3) FORFEITURE OR ABANDONMENT.—Any 

11 water rights that are appurtenant to land taken into 

12 trust by the United States for the benefit of the 

13 Tribe under this section may not be forfeited or 

14 abandoned. 

15 (4) ADMINISTRATION.—Nothing in this section 

16 affects or modifies any right of the Tribe or any ob17 ligation of the United States under Public Law 95– 

18 375 (92 Stat. 712; 108 Stat. 3418). 

19 Subtitle B—Land Management 

20 SEC. 6101. CADASTRE OF FEDERAL REAL PROPERTY. 

21 (a) DEFINITION OF CADASTRE.—In this section, the 

22 term ‘‘cadastre’’ means a geospatially enabled inventory 

23 of buildings and other real property (including associated 

24 infrastructure such as roads and utility transmission lines 

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1 retary, which is developed through collecting, storing, re2 trieving, or disseminating graphical or digital data and 

3 any information related to the data, including surveys, 

4 maps, charts, images, and services. 

5 (b) CADASTRE OF FEDERAL REAL PROPERTY.— 

6 (1) IN GENERAL.—The Secretary is author7 ized— 

8 (A) to develop and maintain a current and 

9 accurate multipurpose cadastre to support Fed10 eral land management activities for the Depart11 ment and the Forest Service; 

12 (B) to incorporate any related inventories 

13 of Federal real property, including any inven14 tories prepared under applicable land or re15 source management plans; and 

16 (C) to enter into discussions with other 

17 Federal agencies, including the Forest Service, 

18 to make the cadastre available for use by the 

19 Department, the Forest Service, and other Fed20 eral agencies to support agency management 

21 activities. 

22 (2) COST-SHARING AGREEMENTS.— 

23 (A) IN GENERAL.—The Secretary may 

24 enter into cost-sharing agreements with other 

25 Federal agencies, and with States, Indian 


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1 tribes, and local governments, to include any 

2 non-Federal land in the cadastre. 

3 (B) COST SHARE.—The Federal share of 

4 any cost agreement described in subparagraph 

5 (A) shall not exceed 50 percent of the total cost 

6 required to make the cadastre available to non7 Federal entities. 

8 (3) CONSOLIDATION AND REPORT.—Not later 

9 than 180 days after the date of enactment of this 

10 Act, the Secretary shall submit to the Committee on 

11 Energy and Natural Resources of the Senate and 

12 the Committee on Natural Resources of the House 

13 of Representatives a report on the real property in14 ventories or any components of any cadastre or re15 lated inventories that— 

16 (A) exist as of the date of enactment of 

17 this Act; 

18 (B) are authorized by law or conducted by 

19 the Secretary; and 

20 (C) are of sufficient accuracy to be in21 cluded in the cadastre authorized under para22 graph (1). 

23 (4) COORDINATION.—In carrying out this sub24 section, the Secretary— 


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1 (A) shall participate (in accordance with 

2 section 216 of the E–Government Act of 2002 

3 (44 U.S.C. 3501 note; Public Law 107–347)) 

4 in the establishment of such standards and 

5 common protocols as are necessary to ensure 

6 the interoperability of geospatial information 

7 pertaining to the cadastre for all users of the 

8 information; 

9 (B) shall coordinate with, seek assistance 

10 and cooperation of, and provide liaison to the 

11 Federal Geographic Data Committee pursuant 

12 to Office of Management and Budget Circular 

13 A–16 and Executive Order 12906 (43 U.S.C. 

14 1457 note; relating to coordinating geographic 

15 data acquisition and access: the National Spa16 tial Data Infrastructure) for the implementa17 tion of and compliance with such standards as 

18 may be applicable to the cadastre; 

19 (C) shall make the cadastre interoperable 

20 with the Federal Real Property Profile estab21 lished pursuant to Executive Order 13327 (40 

22 U.S.C. 121 note; relating to Federal real prop23 erty asset management); 

24 (D) shall integrate with and leverage, to 

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1 tivities of units of State and local government; 

2 and 

3 (E) may use contracts with the private sec4 tor, if practicable, to provide such products and 

5 services as are necessary to develop the cadas6 tre. 

7 (c) TRANSPARENCY AND PUBLIC ACCESS.—The Sec8 retary shall— 

9 (1) make the cadastre required under this sec10 tion publicly available on the Internet in a graphi11 cally geoenabled and searchable format; and 

12 (2) in consultation with the Secretary of De13 fense and the Secretary of Homeland Security, pre14 vent the disclosure of the identity of any buildings 

15 or facilities, or information related to the buildings 

16 or facilities, if the disclosure would impair or jeop17 ardize the national security or homeland defense of 

18 the United States. 

19 (d) EFFECT.—Nothing in this section— 

20 (1) creates any substantive or procedural right 

21 or benefit; 

22 (2) authorizes any new surveying or mapping of 

23 Federal real property, except that a Federal agency 

24 may conduct a new survey to update the accuracy of 


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1 the inventory data of the agency before storage on 

2 a cadaster; or 

3 (3) authorizes— 

4 (A) the evaluation of any real property 

5 owned by the United States for disposal; or 

6 (B) new appraisals or assessments of the 

7 value of— 

8 (i) real property; or 

9 (ii) cultural or archaeological re10 sources on any parcel of Federal land or 

11 other real property. 

12 SEC. 6102. ADDITIONAL AUTHORITY FOR SALE OR EX13 CHANGE OF SMALL PARCELS OF NATIONAL 

14 FOREST SYSTEM LAND. 

15 Section 3 of Public Law 97–465 (commonly known 

16 as the ‘‘Small Tracts Act’’) (16 U.S.C. 521e) is amend17 ed— 

18 (1) in the matter preceding paragraph (1), by 

19 striking ‘‘$150,000’’ and inserting ‘‘$500,000’’; and 

20 (2) in paragraph (1)— 

21 (A) by striking ‘‘under the mining laws’’; 

22 and 

23 (B) by striking the semicolon at the end 

24 and inserting ‘‘, or have lost their National 

25 Forest character;’’. 


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1 SEC. 6103. BOLTS DITCH ACCESS. 

2 (a) ACCESS GRANTED.—The Secretary of Agriculture 

3 shall permit by special use authorization nonmotorized ac4 cess and use, in accordance with section 293.6 of title 36, 

5 Code of Federal Regulations, of the Bolts Ditch Headgate 

6 and the Bolts Ditch within the Holy Cross Wilderness, 

7 Colorado, as designated by Public Law 96–560, for the 

8 purposes of the diversion of water and use, maintenance, 

9 and repair of such ditch and headgate by the Town of 

10 Minturn, Colorado, a Colorado Home Rule Municipality. 

11 (b) LOCATION OF FACILITIES.—The Bolts Ditch 

12 headgate and ditch segment referenced in subsection (a) 

13 are as generally depicted on the map entitled ‘‘Bolts Ditch 

14 headgate and Ditch Segment’’, dated November, 2015. 

15 SEC. 6104. DESIGNATION OF ALEX DIEKMANN PEAK, MON16 TANA. 

17 (a) IN GENERAL.—The unnamed 9,765-foot peak lo18 cated 2.2 miles west-northwest of Finger Mountain on the 

19 western boundary of the Lee Metcalf Wilderness, Montana 

20 (UTM coordinates Zone 12, 457966 E., 4982589 N.), 

21 shall be known and designated as ‘‘Alex Diekmann Peak’’. 

22 (b) REFERENCES.—Any reference in a law, map, reg23 ulation, document, record, or other paper of the United 

24 States to the peak described in subsection (a) shall be con25 sidered to be a reference to ‘‘Alex Diekmann Peak’’. 


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1 SEC. 6105. METHOW VALLEY, WASHINGTON, FEDERAL LAND 

2 WITHDRAWAL. 

3 (a) DEFINITION OF MAP.—In this section, the term 

4 ‘‘Map’’ means the Forest Service map entitled ‘‘Methow 

5 Headwaters Withdrawal Proposal Legislative Map’’ and 

6 dated May 24, 2016. 

7 (b) WITHDRAWAL.—Subject to valid existing rights, 

8 the approximately 340,079 acres of Federal land and in9 terests in the land located in the Okanogan-Wenatchee 

10 National Forest within the area depicted on the Map as 

11 ‘‘Proposed Withdrawal’’ is withdrawn from all forms of— 

12 (1) entry, appropriation, or disposal under the 

13 public land laws; 

14 (2) location, entry, and patent under the mining 

15 laws; and 

16 (3) disposition under the mineral leasing and 

17 geothermal leasing laws. 

18 (c) ACQUIRED LAND.—Any land or interest in land 

19 within the area depicted on the Map as ‘‘Proposed With20 drawal’’ that is acquired by the United States after the 

21 date of enactment of this Act shall, on acquisition, be im22 mediately withdrawn in accordance with this section. 

23 (d) AVAILABILITY OF MAP.—The Map shall be kept 

24 on file and made available for public inspection in the ap25 propriate offices of the Forest Service and the Bureau of 

26 Land Management. 


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1 SEC. 6106. FRANK AND JEANNE MOORE WILD STEELHEAD 

2 SPECIAL MANAGEMENT AREA, OREGON. 

3 (a) FINDINGS.—Congress finds that— 

4 (1) Frank Moore has committed his life to fam5 ily, friends, his country, and fly fishing; 

6 (2) Frank Moore is a World War II veteran 

7 who stormed the beaches of Normandy along with 

8 150,000 troops during the D-Day Allied invasion 

9 and was awarded the Chevalier of the French Legion 

10 of Honor for his bravery; 

11 (3) Frank Moore returned home after the war, 

12 started a family, and pursued his passion of fishing 

13 on the winding rivers in Oregon; 

14 (4) as the proprietors of the Steamboat Inn 

15 along the North Umpqua River in Oregon for nearly 

16 20 years, Frank and Jeanne Moore shared their love 

17 of fishing, the flowing river, and the great outdoors 

18 with visitors from all over the United States and the 

19 world; 

20 (5) Frank Moore has spent most of his life fish21 ing the vast rivers of Oregon, during which time he 

22 has contributed significantly to efforts to conserve 

23 fish habitats and protect river health, including serv24 ing on the State of Oregon Fish and Wildlife Com25 mission; 


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1 (6) Frank Moore has been recognized for his 

2 conservation work with the National Wildlife Fed3 eration Conservationist of the Year award, the Wild 

4 Steelhead Coalition Conservation Award, and his 

5 2010 induction into the Fresh Water Fishing Hall 

6 of Fame; 

7 (7) Jeanne Moore has dedicated many years to 

8 studying, documenting, and bringing attention to 

9 rare and native plants and flowers in the Umpqua 

10 National Forest; 

11 (8) the work and dedication of Jeanne Moore 

12 led to the establishment of the Limpy Rock Re13 search Natural Area in the Umpqua National Forest 

14 and the protection of unique native plant species; 

15 and 

16 (9) in honor of the many accomplishments of 

17 Frank and Jeanne Moore, both on and off the river, 

18 approximately 99,653 acres of Forest Service land in 

19 the State of Oregon should be designated as the 

20 ‘‘Frank and Jeanne Moore Wild Steelhead Special 

21 Management Area’’. 

22 (b) DEFINITIONS.—In this section: 

23 (1) MAP.—The term ‘‘Map’’ means the map en24 titled ‘‘Frank Moore Wild Steelhead Special ManVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 agement Area Designation Act’’ and dated June 23, 

2 2016. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Agriculture, acting through the 

5 Chief of the Forest Service. 

6 (3) SPECIAL MANAGEMENT AREA.—The term 

7 ‘‘Special Management Area’’ means the Frank and 

8 Jeanne Moore Wild Steelhead Special Management 

9 Area designated by subsection (c). 

10 (4) STATE.—The term ‘‘State’’ means the State 

11 of Oregon. 

12 (c) DESIGNATION.—The approximately 99,653 acres 

13 of Forest Service land in the State, as generally depicted 

14 on the Map, is designated as the ‘‘Frank and Jeanne 

15 Moore Wild Steelhead Special Management Area’’. 

16 (d) MAP; LEGAL DESCRIPTION.— 

17 (1) IN GENERAL.—As soon as practicable after 

18 the date of enactment of this Act, the Secretary 

19 shall prepare a map and legal description of the Spe20 cial Management Area. 

21 (2) FORCE OF LAW.—The map and legal de22 scription prepared under paragraph (1) shall have 

23 the same force and effect as if included in this sec24 tion, except that the Secretary may correct clerical 


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1 and typographical errors in the map and legal de2 scription. 

3 (3) AVAILABILITY.—The map and legal descrip4 tion prepared under paragraph (1) shall be on file 

5 and available for public inspection in the appropriate 

6 offices of the Forest Service. 

7 (e) ADMINISTRATION.—Subject to valid existing 

8 rights, the Special Management Area shall be adminis9 tered by the Secretary— 

10 (1) in accordance with all laws (including regu11 lations) applicable to the National Forest System; 

12 and 

13 (2) in a manner that— 

14 (A) conserves and enhances the natural 

15 character, scientific use, and the botanical, rec16 reational, ecological, fish and wildlife, scenic, 

17 drinking water, and cultural values of the Spe18 cial Management Area; 

19 (B) maintains and seeks to enhance the 

20 wild salmonid habitat of the Special Manage21 ment Area; 

22 (C) maintains or enhances the watershed 

23 as a thermal refuge for wild salmonids; and 

24 (D) preserves opportunities for recreation, 

25 including primitive recreation. 


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1 (f) FISH AND WILDLIFE.—Nothing in this section af2 fects the jurisdiction or responsibilities of the State with 

3 respect to fish and wildlife in the State. 

4 (g) ADJACENT MANAGEMENT.—Nothing in this sec5 tion— 

6 (1) creates any protective perimeter or buffer 

7 zone around the Special Management Area; or 

8 (2) modifies the applicable travel management 

9 plan for the Special Management Area. 

10 (h) WILDFIRE MANAGEMENT.—Nothing in this sec11 tion prohibits the Secretary, in cooperation with other 

12 Federal, State, and local agencies, as appropriate, from 

13 conducting wildland fire operations in the Special Manage14 ment Area, consistent with the purposes of this section, 

15 including the use of aircraft, machinery, mechanized 

16 equipment, fire breaks, backfires, and retardant. 

17 (i) VEGETATION MANAGEMENT.—Nothing in this 

18 section prohibits the Secretary from conducting vegetation 

19 management projects within the Special Management 

20 Area in a manner consistent with— 

21 (1) the purposes described in subsection (e); 

22 and 

23 (2) the applicable forest plan. 


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1 (j) PROTECTION OF TRIBAL RIGHTS.—Nothing in 

2 this section diminishes any treaty rights of an Indian 

3 tribe. 

4 (k) WITHDRAWAL.—Subject to valid existing rights, 

5 the Federal land within the boundaries of the Special 

6 Management Area river segments designated by sub7 section (c) is withdrawn from all forms of— 

8 (1) entry, appropriation, or disposal under the 

9 public land laws; 

10 (2) location, entry, and patent under the mining 

11 laws; and 

12 (3) disposition under all laws relating to min13 eral and geothermal leasing or mineral materials. 

14 SEC. 6107. EXPEDITED ACCESS TO CERTAIN FEDERAL 

15 LAND. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ELIGIBLE.—The term ‘‘eligible’’, with re18 spect to an organization or individual, means that 

19 the organization or individual, respectively, is— 

20 (A) acting in a not-for-profit capacity; and 

21 (B) composed entirely of members who, at 

22 the time of the good Samaritan search-and-re23 covery mission, have attained the age of major24 ity under the law of the State where the mis25 sion takes place. 


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1 (2) GOOD SAMARITAN SEARCH-AND-RECOVERY

2 MISSION.—The term ‘‘good Samaritan search-and3 recovery mission’’ means a search conducted by an 

4 eligible organization or individual for 1 or more 

5 missing individuals believed to be deceased at the 

6 time that the search is initiated. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary or the Secretary of Agriculture, as ap9 plicable. 

10 (b) PROCESS.— 

11 (1) IN GENERAL.—Each Secretary shall develop 

12 and implement a process to expedite access to Fed13 eral land under the administrative jurisdiction of the 

14 Secretary for eligible organizations and individuals 

15 to request access to Federal land to conduct good 

16 Samaritan search-and-recovery missions. 

17 (2) INCLUSIONS.—The process developed and 

18 implemented under this subsection shall include pro19 visions to clarify that— 

20 (A) an eligible organization or individual 

21 granted access under this section— 

22 (i) shall be acting for private pur23 poses; and 

24 (ii) shall not be considered to be a 

25 Federal volunteer; 


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1 (B) an eligible organization or individual 

2 conducting a good Samaritan search-and-recov3 ery mission under this section shall not be con4 sidered to be a volunteer under section 

5 102301(c) of title 54, United States Code; 

6 (C) chapter 171 of title 28, United States 

7 Code (commonly known as the ‘‘Federal Tort 

8 Claims Act’’), shall not apply to an eligible or9 ganization or individual carrying out a privately 

10 requested good Samaritan search-and-recovery 

11 mission under this section; and 

12 (D) chapter 81 of title 5, United States 

13 Code (commonly known as the ‘‘Federal Em14 ployees Compensation Act’’), shall not apply to 

15 an eligible organization or individual conducting 

16 a good Samaritan search-and-recovery mission 

17 under this section, and the conduct of the good 

18 Samaritan search-and-recovery mission shall 

19 not constitute civilian employment. 

20 (c) RELEASE OF FEDERAL GOVERNMENT FROM LI21 ABILITY.—The Secretary shall not require an eligible or22 ganization or individual to have liability insurance as a 

23 condition of accessing Federal land under this section, if 

24 the eligible organization or individual— 


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1 (1) acknowledges and consents, in writing, to 

2 the provisions described in subparagraphs (A) 

3 through (D) of subsection (b)(2); and 

4 (2) signs a waiver releasing the Federal Gov5 ernment from all liability relating to the access 

6 granted under this section and agrees to indemnify 

7 and hold harmless the United States from any 

8 claims or lawsuits arising from any conduct by the 

9 eligible organization or individual on Federal land. 

10 (d) APPROVAL AND DENIAL OF REQUESTS.— 

11 (1) IN GENERAL.—The Secretary shall notify 

12 an eligible organization or individual of the approval 

13 or denial of a request by the eligible organization or 

14 individual to carry out a good Samaritan search15 and-recovery mission under this section by not later 

16 than 48 hours after the request is made. 

17 (2) DENIALS.—If the Secretary denies a re18 quest from an eligible organization or individual to 

19 carry out a good Samaritan search-and-recovery mis20 sion under this section, the Secretary shall notify the 

21 eligible organization or individual of— 

22 (A) the reason for the denial of the re23 quest; and 


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1 (B) any actions that the eligible organiza2 tion or individual can take to meet the require3 ments for the request to be approved. 

4 (e) PARTNERSHIPS.—Each Secretary shall develop 

5 search-and-recovery-focused partnerships with search-and6 recovery organizations— 

7 (1) to coordinate good Samaritan search-and8 recovery missions on Federal land under the admin9 istrative jurisdiction of the Secretary; and 

10 (2) to expedite and accelerate good Samaritan 

11 search-and-recovery mission efforts for missing indi12 viduals on Federal land under the administrative ju13 risdiction of the Secretary. 

14 (f) REPORT.—Not later than 180 days after the date 

15 of enactment of this Act, the Secretaries shall submit to 

16 Congress a joint report describing— 

17 (1) plans to develop partnerships described in 

18 subsection (e)(1); and 

19 (2) efforts carried out to expedite and accel20 erate good Samaritan search-and-recovery mission 

21 efforts for missing individuals on Federal land under 

22 the administrative jurisdiction of each Secretary 

23 pursuant to subsection (e)(2). 


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1 SEC. 6108. MAINTENANCE OR REPLACEMENT OF FACILI2 TIES AND STRUCTURES AT SMITH GULCH. 

3 The authorization of the Secretary of Agriculture to 

4 maintain or replace facilities or structures for commercial 

5 recreation services at Smith Gulch under section 

6 3(a)(24)(D) of the Wild and Scenic Rivers Act (16 U.S.C. 

7 1274(a)(24)(D))— 

8 (1) may include improvements or replacements 

9 that the Secretary of Agriculture determines— 

10 (A) are consistent with section 9(b) of the 

11 Central Idaho Wilderness Act of 1980 (16 

12 U.S.C. 1281 note; Public Law 96–312); and 

13 (B) would reduce the impact of the com14 mercial recreation facilities or services on wil15 derness or wild and scenic river resources and 

16 values; and 

17 (2) authorizes the Secretary of Agriculture to 

18 consider including, as appropriate— 

19 (A) hydroelectric generators and associated 

20 electrical transmission facilities; 

21 (B) water pumps for fire suppression; 

22 (C) transitions from propane to electrical 

23 lighting; 

24 (D) solar energy systems; 

25 (E) 6-volt or 12-volt battery banks for 

26 power storage; and 


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1 (F) other improvements or replacements 

2 which are consistent with this section that the 

3 Secretary of Agriculture determines appro4 priate. 

SEC. 6109. CERRO DEL YUTA AND RI 5  ́O SAN ANTONIO WIL6 DERNESS AREAS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Rı ́o Grande del Norte National Monument 

10 Proposed Wilderness Areas’’ and dated July 28, 

11 2015. 

12 (2) WILDERNESS AREA.—The term ‘‘wilderness 

13 area’’ means a wilderness area designated by sub14 section (b)(1). 

15 (b) DESIGNATION OF CERRO DEL YUTA AND R ́IO

16 SAN ANTONIO WILDERNESS AREAS.— 

17 (1) IN GENERAL.—In accordance with the Wil18 derness Act (16 U.S.C. 1131 et seq.), the following 

19 areas in the Rı ́o Grande del Norte National Monu20 ment are designated as wilderness and as compo21 nents of the National Wilderness Preservation Sys22 tem: 

23 (A) CERRO DEL YUTA WILDERNESS.—Cer24 tain land administered by the Bureau of Land 

25 Management in Taos County, New Mexico, 


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1 comprising approximately 13,420 acres as gen2 erally depicted on the map, which shall be 

3 known as the ‘‘Cerro del Yuta Wilderness’’. 

4 (B) R ́IO SAN ANTONIO WILDERNESS.—Cer5 tain land administered by the Bureau of Land 

6 Management in Rı ́o Arriba County, New Mex7 ico, comprising approximately 8,120 acres, as 

8 generally depicted on the map, which shall be 

9 known as the ‘‘Rı ́o San Antonio Wilderness’’. 

10 (2) MANAGEMENT OF WILDERNESS AREAS.— 

11 Subject to valid existing rights, the wilderness areas 

12 shall be administered in accordance with the Wilder13 ness Act (16 U.S.C. 1131 et seq.) and this section, 

14 except that with respect to the wilderness areas des15 ignated by this subsection— 

16 (A) any reference to the effective date of 

17 the Wilderness Act shall be considered to be a 

18 reference to the date of enactment of this Act; 

19 and 

20 (B) any reference in the Wilderness Act to 

21 the Secretary of Agriculture shall be considered 

22 to be a reference to the Secretary. 

23 (3) INCORPORATION OF ACQUIRED LAND AND

24 INTERESTS IN LAND.—Any land or interest in land 


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1 within the boundary of the wilderness areas that is 

2 acquired by the United States shall— 

3 (A) become part of the wilderness area in 

4 which the land is located; and 

5 (B) be managed in accordance with— 

6 (i) the Wilderness Act (16 U.S.C. 

7 1131 et seq.); 

8 (ii) this section; and 

9 (iii) any other applicable laws. 

10 (4) GRAZING.—Grazing of livestock in the wil11 derness areas, where established before the date of 

12 enactment of this Act, shall be administered in ac13 cordance with— 

14 (A) section 4(d)(4) of the Wilderness Act 

15 (16 U.S.C. 1133(d)(4)); and 

16 (B) the guidelines set forth in appendix A 

17 of the Report of the Committee on Interior and 

18 Insular Affairs to accompany H.R. 2570 of the 

19 101st Congress (H. Rept. 101–405). 

20 (5) BUFFER ZONES.— 

21 (A) IN GENERAL.—Nothing in this section 

22 creates a protective perimeter or buffer zone 

23 around the wilderness areas. 

24 (B) ACTIVITIES OUTSIDE WILDERNESS

25 AREAS.—The fact that an activity or use on 


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1 land outside a wilderness area can be seen or 

2 heard within the wilderness area shall not pre3 clude the activity or use outside the boundary 

4 of the wilderness area. 

5 (6) RELEASE OF WILDERNESS STUDY AREAS.— 

6 Congress finds that, for purposes of section 603(c) 

7 of the Federal Land Policy and Management Act of 

8 1976 (43 U.S.C. 1782(c)), the public land within the 

9 San Antonio Wilderness Study Area not designated 

10 as wilderness by this subsection— 

11 (A) has been adequately studied for wilder12 ness designation; 

13 (B) is no longer subject to section 603(c) 

14 of the Federal Land Policy and Management 

15 Act of 1976 (43 U.S.C. 1782(c)); and 

16 (C) shall be managed in accordance with 

17 this section. 

18 (7) MAPS AND LEGAL DESCRIPTIONS.— 

19 (A) IN GENERAL.—As soon as practicable 

20 after the date of enactment of this Act, the Sec21 retary shall file the map and legal descriptions 

22 of the wilderness areas with— 

23 (i) the Committee on Energy and 

24 Natural Resources of the Senate; and 


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1 (ii) the Committee on Natural Re2 sources of the House of Representatives. 

3 (B) FORCE OF LAW.—The map and legal 

4 descriptions filed under subparagraph (A) shall 

5 have the same force and effect as if included in 

6 this section, except that the Secretary may cor7 rect errors in the legal description and map. 

8 (C) PUBLIC AVAILABILITY.—The map and 

9 legal descriptions filed under subparagraph (A) 

10 shall be on file and available for public inspec11 tion in the appropriate offices of the Bureau of 

12 Land Management. 

13 (8) NATIONAL LANDSCAPE CONSERVATION SYS14 TEM.—The wilderness areas shall be administered as 

15 components of the National Landscape Conservation 

16 System. 

17 (9) FISH AND WILDLIFE.—Nothing in this sec18 tion affects the jurisdiction of the State of New 

19 Mexico with respect to fish and wildlife located on 

20 public land in the State. 

21 (10) WITHDRAWALS.—Subject to valid existing 

22 rights, any Federal land within the wilderness areas 

23 designated by paragraph (1), including any land or 

24 interest in land that is acquired by the United 


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1 States after the date of enactment of this Act, is 

2 withdrawn from— 

3 (A) entry, appropriation, or disposal under 

4 the public land laws; 

5 (B) location, entry, and patent under the 

6 mining laws; and 

7 (C) operation of the mineral leasing, min8 eral materials, and geothermal leasing laws. 

9 (11) TREATY RIGHTS.—Nothing in this section 

10 enlarges, diminishes, or otherwise modifies any trea11 ty rights. 

12 SEC. 6110. ADDITIONS TO CHEROKEE NATIONAL FOREST 

13 WILDERNESS AREAS. 

14 (a) DEFINITIONS.—In this section: 

15 (1) MAP.—The term ‘‘Map’’ means the map en16 titled ‘‘Proposed Wilderness Areas and Additions17 Cherokee National Forest’’ and dated January 20, 

18 2010. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

21 (3) STATE.—The term ‘‘State’’ means the State 

22 of Tennessee. 

23 (b) DESIGNATION OF WILDERNESS.—In accordance 

24 with the Wilderness Act (16 U.S.C. 1131 et seq.), the fol25 lowing parcels of Federal land in the Cherokee National 


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1 Forest in the State of Tennessee are designated as wilder2 ness and as additions to the National Wilderness Preser3 vation System: 

4 (1) Certain land comprising approximately 

5 9,038 acres, as generally depicted as the ‘‘Upper 

6 Bald River Wilderness’’ on the Map and which shall 

7 be known as the ‘‘Upper Bald River Wilderness’’. 

8 (2) Certain land comprising approximately 348 

9 acres, as generally depicted as the ‘‘Big Frog Addi10 tion’’ on the Map and which shall be incorporated 

11 in, and shall be considered to be a part of, the Big 

12 Frog Wilderness. 

13 (3) Certain land comprising approximately 630 

14 acres, as generally depicted as the ‘‘Little Frog 

15 Mountain Addition NW’’ on the Map and which 

16 shall be incorporated in, and shall be considered to 

17 be a part of, the Little Frog Mountain Wilderness. 

18 (4) Certain land comprising approximately 336 

19 acres, as generally depicted as the ‘‘Little Frog 

20 Mountain Addition NE’’ on the Map and which shall 

21 be incorporated in, and shall be considered to be a 

22 part of, the Little Frog Mountain Wilderness. 

23 (5) Certain land comprising approximately 

24 2,922 acres, as generally depicted as the ‘‘Sampson 

25 Mountain Addition’’ on the Map and which shall be 


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1 incorporated in, and shall be considered to be a part 

2 of, the Sampson Mountain Wilderness. 

3 (6) Certain land comprising approximately 

4 4,446 acres, as generally depicted as the ‘‘Big Lau5 rel Branch Addition’’ on the Map and which shall be 

6 incorporated in, and shall be considered to be a part 

7 of, the Big Laurel Branch Wilderness. 

8 (7) Certain land comprising approximately 

9 1,836 acres, as generally depicted as the ‘‘Joyce Kil10 mer-Slickrock Addition’’ on the Map and which shall 

11 be incorporated in, and shall be considered to be a 

12 part of, the Joyce Kilmer-Slickrock Wilderness. 

13 (c) MAPS AND LEGAL DESCRIPTIONS.— 

14 (1) IN GENERAL.—As soon as practicable after 

15 the date of the enactment of this Act, the Secretary 

16 shall file maps and legal descriptions of the wilder17 ness areas designated by subsection (b) with the ap18 propriate committees of Congress. 

19 (2) PUBLIC AVAILABILITY.—The maps and 

20 legal descriptions filed under paragraph (1) shall be 

21 on file and available for public inspection in the of22 fice of the Chief of the Forest Service and the office 

23 of the Supervisor of the Cherokee National Forest. 

24 (3) FORCE OF LAW.—The maps and legal de25 scriptions filed under paragraph (1) shall have the 


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1 same force and effect as if included in this section, 

2 except that the Secretary may correct typographical 

3 errors in the maps and descriptions. 

4 (d) ADMINISTRATION.— 

5 (1) IN GENERAL.—Subject to valid existing 

6 rights, the Federal land designated as wilderness by 

7 subsection (b) shall be administered by the Secretary 

8 in accordance with the Wilderness Act (16 U.S.C. 

9 1131 et seq.), except that any reference in that Act 

10 to the effective date of that Act shall be deemed to 

11 be a reference to the date of the enactment of this 

12 Act. 

13 (2) FISH AND WILDLIFE MANAGEMENT.—In ac14 cordance with section 4(d)(7) of the Wilderness Act 

15 (16 U.S.C. 1133(d)(7)), nothing in this section af16 fects the jurisdiction of the State with respect to fish 

17 and wildlife management (including the regulation of 

18 hunting, fishing, and trapping) in the wilderness 

19 areas designated by subsection (b). 


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1 TITLE VII—NATIONAL PARK SYS2 TEM MANAGEMENT, STUDIES, 

3 AND RELATED MATTERS 

4 Subtitle A—Special Resource 

5 Studies 

6 SEC. 7001. SPECIAL RESOURCE STUDY OF JAMES K. POLK 

7 PRESIDENTIAL HOME. 

8 (a) DEFINITION OF STUDY AREA.—In this section, 

9 the term ‘‘study area’’ means the President James K. Polk 

10 Home in Columbia, Tennessee, and adjacent property. 

11 (b) SPECIAL RESOURCE STUDY.— 

12 (1) STUDY.—The Secretary shall conduct a spe13 cial resource study of the study area. 

14 (2) CONTENTS.—In conducting the study under 

15 paragraph (1), the Secretary shall— 

16 (A) evaluate the national significance of 

17 the study area; 

18 (B) determine the suitability and feasibility 

19 of designating the study area as a unit of the 

20 National Park System; 

21 (C) consider other alternatives for preser22 vation, protection, and interpretation of the 

23 study area by the Federal Government, State or 

24 local government entities, or private and non25 profit organizations; 


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1 (D) consult with interested Federal agen2 cies, State or local governmental entities, pri3 vate and nonprofit organizations, or any other 

4 interested individuals; and 

5 (E) identify cost estimates for any Federal 

6 acquisition, development, interpretation, oper7 ation, and maintenance associated with the al8 ternatives. 

9 (3) APPLICABLE LAW.—The study required 

10 under paragraph (1) shall be conducted in accord11 ance with section 100507 of title 54, United States 

12 Code. 

13 (4) REPORT.—Not later than 3 years after the 

14 date on which funds are first made available for the 

15 study under paragraph (1), the Secretary shall sub16 mit to the Committee on Natural Resources of the 

17 House of Representatives and the Committee on En18 ergy and Natural Resources of the Senate a report 

19 that describes— 

20 (A) the results of the study; and 

21 (B) any conclusions and recommendations 

22 of the Secretary. 


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1 SEC. 7002. SPECIAL RESOURCE STUDY OF FORT ONTARIO. 

2 (a) DEFINITION OF STUDY AREA.—In this section, 

3 the term ‘‘study area’’ means Fort Ontario in Oswego, 

4 New York. 

5 (b) SPECIAL RESOURCE STUDY.— 

6 (1) STUDY.—The Secretary shall conduct a spe7 cial resource study of the study area. 

8 (2) CONTENTS.—In conducting the study under 

9 paragraph (1), the Secretary shall— 

10 (A) evaluate the national significance of 

11 the study area; 

12 (B) determine the suitability and feasibility 

13 of designating the study area as a unit of the 

14 National Park System; 

15 (C) consider other alternatives for preser16 vation, protection, and interpretation of the 

17 study area by the Federal Government, State or 

18 local government entities, or private and non19 profit organizations; 

20 (D) consult with interested Federal agen21 cies, State or local governmental entities, pri22 vate and nonprofit organizations, or any other 

23 interested individuals; and 

24 (E) identify cost estimates for any Federal 

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1 ation, and maintenance associated with the al2 ternatives. 

3 (3) APPLICABLE LAW.—The study required 

4 under paragraph (1) shall be conducted in accord5 ance with section 100507 of title 54, United States 

6 Code. 

7 (4) REPORT.—Not later than 3 years after the 

8 date on which funds are first made available to carry 

9 out the study under paragraph (1), the Secretary 

10 shall submit to the Committee on Natural Resources 

11 of the House of Representatives and the Committee 

12 on Energy and Natural Resources of the Senate a 

13 report that describes— 

14 (A) the results of the study; and 

15 (B) any conclusions and recommendations 

16 of the Secretary. 

17 Subtitle B—National Park Service 

18 Management and Related Matters 

19 SEC. 7101. OCMULGEE MOUNDS NATIONAL HISTORICAL 

20 PARK BOUNDARY REVISION. 

21 (a) DEFINITIONS.—In this section: 

22 (1) HISTORICAL PARK.—The term ‘‘Historical 

23 Park’’ means the Ocmulgee Mounds National His24 torical Park in the State of Georgia, as redesignated 

25 in subsection (b). 


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1 (2) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Ocmulgee National Monument Proposed 

3 Boundary Adjustment, numbered 363/125996’’, and 

4 dated January 2016. 

5 (b) OCMULGEE MOUNDS NATIONAL HISTORICAL

6 PARK.— 

7 (1) REDESIGNATION.—Ocmulgee National 

8 Monument, established pursuant to the Act of June 

9 14, 1934 (48 Stat. 958), shall be known and des10 ignated as ‘‘Ocmulgee Mounds National Historical 

11 Park’’. 

12 (2) REFERENCES.—Any reference in a law, 

13 map, regulation, document, paper, or other record of 

14 the United States to ‘‘Ocmulgee National Monu15 ment’’, other than in this section, shall be deemed 

16 to be a reference to ‘‘Ocmulgee Mounds National 

17 Historical Park’’. 

18 (c) BOUNDARY ADJUSTMENT.— 

19 (1) IN GENERAL.—The boundary of the Histor20 ical Park is revised to include approximately 2,100 

21 acres, as generally depicted on the map. 

22 (2) AVAILABILITY OF MAP.—The map shall be 

23 on file and available for public inspection in the ap24 propriate offices of the National Park Service. 

25 (d) LAND ACQUISITION.— 


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1 (1) IN GENERAL.—The Secretary may acquire 

2 land and interests in land within the boundaries of 

3 the Historical Park by donation, purchase from a 

4 willing seller with donated or appropriated funds, or 

5 exchange. 

6 (2) LIMITATION.—The Secretary may not ac7 quire by condemnation any land or interest in land 

8 within the boundaries of the Historical Park. 

9 (e) ADMINISTRATION.—The Secretary shall admin10 ister any land acquired under subsection (d) as part of 

11 the Historical Park in accordance with applicable laws and 

12 regulations. 

13 (f) OCMULGEE RIVER CORRIDOR SPECIAL RESOURCE

14 STUDY.— 

15 (1) IN GENERAL.—The Secretary shall conduct 

16 a special resource study of the Ocmulgee River cor17 ridor between the cities of Macon, Georgia, and 

18 Hawkinsville, Georgia, to determine— 

19 (A) the national significance of the study 

20 area; 

21 (B) the suitability and feasibility of adding 

22 lands in the study area to the National Park 

23 System; and 

24 (C) the methods and means for the protec25 tion and interpretation of the study area by the 


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1 National Park Service, other Federal, State, 

2 local government entities, affiliated federally 

3 recognized Indian tribes, or private or nonprofit 

4 organizations. 

5 (2) CRITERIA.—The Secretary shall conduct the 

6 study authorized by this section in accordance with 

7 section 100507 of title 54, United States Code. 

8 (3) RESULTS OF STUDY.—Not later than 3 

9 years after the date on which funds are made avail10 able to carry out this subsection, the Secretary shall 

11 submit to the Committee on Natural Resources of 

12 the House of Representatives and the Committee on 

13 Energy and Natural Resources of the Senate— 

14 (A) the results of the study; and 

15 (B) any findings, conclusions, and rec16 ommendations of the Secretary. 

17 SEC. 7102. JOHN MUIR NATIONAL HISTORIC SITE LAND AC18 QUISITION. 

19 (a) ACQUISITION.—The Secretary may acquire by do20 nation the approximately 44 acres of land, and interests 

21 in such land, that are identified on the map entitled ‘‘John 

22 Muir National Historic Site Proposed Boundary Expan23 sion’’, numbered 426/127150, and dated November, 2014. 

24 (b) BOUNDARY.—Upon the acquisition of the land 

25 authorized by subsection (a), the Secretary shall adjust 


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1 the boundaries of the John Muir Historic Site in Martinez, 

2 California, to include the land identified on the map re3 ferred to in subsection (a). 

4 (c) ADMINISTRATION.—The land and interests in 

5 land acquired under subsection (a) shall be administered 

6 as part of the John Muir National Historic Site estab7 lished by Public Law 88–547 (78 Stat. 753). 

8 SEC. 7103. AMENDMENT TO COLTSVILLE NATIONAL HIS9 TORICAL PARK DONATION SITE. 

10 Section 3032(b)(2)(B) of Public Law 113–291 (16 

11 U.S.C. 410qqq(b)(2)(B)) is amended by striking ‘‘East 

12 Armory’’ and inserting ‘‘Colt Armory Complex’’. 

13 SEC. 7104. KENNESAW MOUNTAIN NATIONAL BATTLEFIELD 

14 PARK BOUNDARY ADJUSTMENT; LAND AC15 QUISITION; ADMINISTRATION. 

16 (a) BOUNDARY ADJUSTMENT.—The boundary of the 

17 Kennesaw Mountain National Battlefield Park is modified 

18 to include the approximately 8 acres identified as ‘‘Wallis 

19 House and Harriston Hill’’, and generally depicted on the 

20 map titled ‘‘Kennesaw Mountain National Battlefield 

21 Park, Proposed Boundary Adjustment’’, numbered 325/ 

22 80,020, and dated February 2010. 

23 (b) MAP.—The map referred to in subsection (a) 

24 shall be on file and available for inspection in the appro25 priate offices of the National Park Service. 


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1 (c) LAND ACQUISITION.—The Secretary may acquire 

2 land or interests in land described in subsection (a) by 

3 donation, purchase from willing sellers, or exchange. 

4 (d) ADMINISTRATION OF ACQUIRED LAND.—The 

5 Secretary shall administer land and interests in land ac6 quired under this section as part of the Kennesaw Moun7 tain National Battlefield Park in accordance with applica8 ble laws and regulations. 

9 SEC. 7105. DESIGNATION OF EXISTING WILDERNESS AREA 

10 IN LAKE CLARK NATIONAL PARK AS THE JAY 

11 S. HAMMOND WILDERNESS. 

12 (a) DESIGNATION.—The approximately 2,600,000 

13 acres of National Wilderness Preservation System land lo14 cated within the Lake Clark National Park and Preserve 

15 designated by section 701(6) of the Alaska National Inter16 est Lands Conservation Act (16 U.S.C. 1132 note; Public 

17 Law 96–487) shall be known and designated as the ‘‘Jay 

18 S. Hammond Wilderness’’. 

19 (b) REFERENCES.—Any reference in a law, map, reg20 ulation, document, paper, or other record of the United 

21 States to the wilderness area referred to in subsection (a) 

22 shall be deemed to be a reference to the ‘‘Jay S. Ham23 mond Wilderness’’. 


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1 SEC. 7106. SKY POINT MOUNTAIN DESIGNATION. 

2 (a) DESIGNATION.—The mountain in the John Muir 

3 Wilderness of the Sierra National Forest in California, lo4 cated at 37°15′16.10091′′N 118°43′39.54102′′W, shall be 

5 known and designated as ‘‘Sky Point’’. 

6 (b) REFERENCE.—Any reference in a law, map, regu7 lation, document, record, or other paper of the United 

8 States to the mountain described in subsection (a) shall 

9 be considered to be a reference to ‘‘Sky Point’’. 

10 SEC. 7107. ELIGIBILITY OF HISPANIC-SERVING INSTITU11 TIONS AND ASIAN AMERICAN AND NATIVE 

12 AMERICAN PACIFIC ISLANDER-SERVING IN13 STITUTIONS FOR ASSISTANCE FOR PRESER14 VATION EDUCATION AND TRAINING PRO15 GRAMS. 

16 Section 303903(3) of title 54, United States Code, 

17 is amended by inserting ‘‘to Hispanic-serving institutions 

18 (as defined in section 502(a) of the Higher Education Act 

19 of 1965 (20 U.S.C. 1101a(a))) and Asian American and 

20 Native American Pacific Islander-serving institutions (as 

21 defined in section 320(b) of the Higher Education Act of 

22 1965 (20 U.S.C. 1059g(b))),’’ after ‘‘universities,’’. 

23 SEC. 7108. MARTIN LUTHER KING, JR. NATIONAL HISTOR24 ICAL PARK. 

25 (a) AMENDMENT.—Public Law 96–428 (54 U.S.C. 

26 320101 note; 94 Stat. 1839) is amended— 


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1 (1) in subsection (a) of the first section, by 

2 striking ‘‘the map entitled ‘Martin Luther King, 

3 Junior, National Historic Site Boundary Map’, num4 ber 489/80,013B, and dated September 1992’’ and 

5 inserting ‘‘the map entitled ‘Martin Luther King, Jr. 

6 National Historical Park Proposed Boundary Revi7 sion’, numbered 489/128,786 and dated June 

8 2015’’; 

9 (2) by striking ‘‘Martin Luther King, Junior, 

10 National Historic Site’’ each place it appears and in11 serting ‘‘Martin Luther King, Jr. National Histor12 ical Park’’; 

13 (3) by striking ‘‘national historic site’’ each 

14 place it appears and inserting ‘‘national historical 

15 park’’; 

16 (4) by striking ‘‘historic site’’ each place it ap17 pears and inserting ‘‘historical park’’; and 

18 (5) by striking ‘‘historic sites’’ in section 2(a) 

19 and inserting ‘‘historical parks’’. 

20 (b) REFERENCES.—Any reference in a law (other 

21 than this section), map, regulation, document, paper, or 

22 other record of the United States to ‘‘Martin Luther King, 

23 Junior, National Historic Site’’ shall be deemed to be a 

24 reference to ‘‘Martin Luther King, Jr. National Historical 

25 Park’’. 


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1 SEC. 7109. VEHICULAR ACCESS AND FEES AT DELAWARE 

2 WATER GAP NATIONAL RECREATION AREA. 

3 (a) IN GENERAL.—Section 4 of the Delaware Water 

4 Gap National Recreation Area Improvement Act (Public 

5 Law 109–156; 119 Stat. 2948) is amended to read as fol6 lows: 

7 ‘‘SEC. 4. USE OF CERTAIN ROADS WITHIN THE RECREATION 

8 AREA. 

9 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

10 this section, Highway 209, a federally owned road within 

11 the boundaries of the Recreation Area, shall be closed to 

12 all commercial vehicles. 

13 ‘‘(b) EXCEPTION FOR LOCAL BUSINESS USE.—Until 

14 September 30, 2021, subsection (a) shall not apply with 

15 respect to the use of commercial vehicles that have four 

16 or fewer axles and are— 

17 ‘‘(1) owned and operated by a business phys18 ically located in— 

19 ‘‘(A) the Recreation Area; or 

20 ‘‘(B) one or more adjacent municipalities; 

21 or 

22 ‘‘(2) necessary to provide services to businesses 

23 or persons located in— 

24 ‘‘(A) the Recreation Area; or 

25 ‘‘(B) one of more adjacent municipalities. 


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1 ‘‘(c) FEE.—The Secretary shall establish a fee and 

2 permit program for the use by commercial vehicles of 

3 Highway 209 under subsection (b). The program shall in4 clude an annual fee not to exceed $200 per vehicle. All 

5 fees received under the program shall be set aside in a 

6 special account and be available, without further appro7 priation, to the Secretary for the administration and en8 forcement of the program, including registering vehicles, 

9 issuing permits and vehicle identification stickers, and 

10 personnel costs. 

11 ‘‘(d) EXCEPTIONS.—The following vehicles may use 

12 Highway 209 and shall not be subject to a fee or permit 

13 requirement under subsection (c): 

14 ‘‘(1) Local school buses. 

15 ‘‘(2) Fire, ambulance, and other safety and 

16 emergency vehicles. 

17 ‘‘(3) Commercial vehicles using Federal Road 

18 Route 209, from— 

19 ‘‘(A) Milford to the Delaware River Bridge 

20 leading to U.S. Route 206 in New Jersey; and 

21 ‘‘(B) mile 0 of Federal Road Route 209 to 

22 Pennsylvania State Route 2001.’’. 

23 (b) DEFINITIONS.—Section 2 of the Delaware Water 

24 Gap National Recreation Area Improvement Act (Public 

25 Law 109–156; 119 Stat. 2946) is amended— 


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1 (1) by redesignating paragraphs (1) through 

2 (5) as paragraphs (2) through (6), respectively; and 

3 (2) by inserting before paragraph (2) (as so re4 designated by paragraph (1)) the following: 

5 ‘‘(1) ADJACENT MUNICIPALITIES.—The term 

6 ‘adjacent municipalities’ means Delaware Township, 

7 Dingman Township, Lehman Township, Matamoras 

8 Borough, Middle Smithfield Township, Milford Bor9 ough, Milford Township, Smithfield Township and 

10 Westfall Township, in Pennsylvania.’’. 

11 (c) CONFORMING AMENDMENT.—Section 702 of divi12 sion I of the Omnibus Parks and Public Lands Manage13 ment Act of 1996 (Public Law 104–333; 110 Stat. 4185) 

14 is repealed. 

15 SEC. 7110. DENALI NATIONAL PARK AND PRESERVE NAT16 URAL GAS PIPELINE. 

17 (a) PERMIT.—Section 3(b)(1) of the Denali National 

18 Park Improvement Act (Public Law 113–33; 127 Stat. 

19 516) is amended by striking ‘‘within, along, or near the 

20 approximately 7-mile segment of the George Parks High21 way that runs through the Park’’. 

22 (b) TERMS AND CONDITIONS.—Section 3(c)(1) of the 

23 Denali National Park Improvement Act (Public Law 113– 

24 33; 127 Stat. 516) is amended— 


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1 (1) in subparagraph (A), by inserting ‘‘and’’ 

2 after the semicolon; 

3 (2) by striking subparagraph (B); and 

4 (3) by redesignating subparagraph (C) as sub5 paragraph (B). 

6 (c) APPLICABLE LAW.—Section 3 of the Denali Na7 tional Park Improvement Act (Public Law 113–33; 127 

8 Stat. 515) is amended by adding at the end the following: 

9 ‘‘(d) APPLICABLE LAW.—A high pressure gas trans10 mission pipeline (including appurtenances) in a nonwilder11 ness area within the boundary of the Park, shall not be 

12 subject to title XI of the Alaska National Interest Lands 

13 Conservation Act (16 U.S.C. 3161 et seq.).’’. 

14 SEC. 7111. WILD HORSES IN AND AROUND THE CURRITUCK 

15 NATIONAL WILDLIFE REFUGE. 

16 (a) GENETIC DIVERSITY.—The Secretary, in con17 sultation with the North Carolina Department of Environ18 ment and Natural Resources, Currituck County, North 

19 Carolina, and the Corolla Wild Horse Fund, shall allow 

20 for the introduction of a small number of free-roaming 

21 wild horses from the Cape Lookout National Seashore as 

22 necessary to ensure the genetic diversity and viability of 

23 the wild horse population currently found in and around 

24 the Currituck National Wildlife Refuge, consistent with— 


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1 (1) the laws (including regulations) applicable 

2 to the Currituck National Wildlife Refuge and the 

3 Cape Lookout National Seashore; and 

4 (2) the December 2014 Wild Horse Manage5 ment Agreement approved by the United States Fish 

6 and Wildlife Service, the North Carolina Depart7 ment of Environment and Natural Resources, 

8 Currituck County, North Carolina, and the Corolla 

9 Wild Horse Fund. 

10 (b) AGREEMENT.— 

11 (1) IN GENERAL.—The Secretary may enter 

12 into an agreement with the Corolla Wild Horse 

13 Fund to provide for the cost-effective management 

14 of the horses in and around the Currituck National 

15 Wildlife Refuge while ensuring that natural re16 sources within the Currituck National Wildlife Ref17 uge are not adversely impacted. 

18 (2) REQUIREMENTS.—The agreement entered 

19 into under paragraph (1) shall specify that the Co20 rolla Wild Horse Fund shall pay the costs associated 

21 with— 

22 (A) coordinating and conducting a periodic 

23 census, and inspecting the health, of the horses; 

24 (B) maintaining records of the horses liv25 ing in the wild and in confinement; 


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1 (C) coordinating and conducting the re2 moval and placement of horses and monitoring 

3 of any horses removed from the Currituck 

4 County Outer Banks; and 

5 (D) administering a viable population con6 trol plan for the horses, including auctions, 

7 adoptions, contraceptive fertility methods, and 

8 other viable options. 

9 SEC. 7112. LOWER FARMINGTON AND SALMON BROOK REC10 REATIONAL RIVERS. 

11 (a) DESIGNATION.—Section 3(a) of the Wild and 

12 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add13 ing at the end the following new paragraph: 

14 ‘‘(213) LOWER FARMINGTON RIVER AND SALM15 ON BROOK, CONNECTICUT.—Segments of the main 

16 stem and its tributary, Salmon Brook, totaling ap17 proximately 62 miles, to be administered by the Sec18 retary of the Interior as follows: 

19 ‘‘(A) The approximately 27.2-mile segment 

20 of the Farmington River beginning 0.2 miles 

21 below the tailrace of the Lower Collinsville Dam 

22 and extending to the site of the Spoonville Dam 

23 in Bloomfield and East Granby as a rec24 reational river. 


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1 ‘‘(B) The approximately 8.1-mile segment 

2 of the Farmington River extending from 0.5 

3 miles below the Rainbow Dam to the confluence 

4 with the Connecticut River in Windsor as a rec5 reational river. 

6 ‘‘(C) The approximately 2.4-mile segment 

7 of the main stem of Salmon Brook extending 

8 from the confluence of the East and West 

9 Branches to the confluence with the Farm10 ington River as a recreational river. 

11 ‘‘(D) The approximately 12.6-mile segment 

12 of the West Branch of Salmon Brook extending 

13 from its headwaters in Hartland, Connecticut 

14 to its confluence with the East Branch of Salm15 on Brook as a recreational river. 

16 ‘‘(E) The approximately 11.4-mile segment 

17 of the East Branch of Salmon Brook extending 

18 from the Massachusetts-Connecticut State line 

19 to the confluence with the West Branch of 

20 Salmon Brook as a recreational river.’’. 

21 (b) MANAGEMENT.— 

22 (1) IN GENERAL.—The river segments des23 ignated by subsection (a) shall be managed in ac24 cordance with the management plan and such 

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1 retary determines are consistent with this section. 

2 The management plan shall be deemed to satisfy the 

3 requirements for a comprehensive management plan 

4 pursuant to section 3(d) of the Wild and Scenic Riv5 ers Act (16 U.S.C. 1274(d)). 

6 (2) COMMITTEE.—The Secretary shall coordi7 nate the management responsibilities of the Sec8 retary under this section with the Lower Farm9 ington River and Salmon Brook Wild and Scenic 

10 Committee, as specified in the management plan. 

11 (3) COOPERATIVE AGREEMENTS.— 

12 (A) IN GENERAL.—In order to provide for 

13 the long-term protection, preservation, and en14 hancement of the river segment designated by 

15 subsection (a), the Secretary may enter into co16 operative agreements pursuant to sections 10(e) 

17 and 11(b)(1) of the Wild and Scenic Rivers Act 

18 (16 U.S.C. 1281(e), 1282(b)(1))with— 

19 (i) the State of Connecticut; 

20 (ii) the towns of Avon, Bloomfield, 

21 Burlington, East Granby, Farmington, 

22 Granby, Hartland, Simsbury, and Windsor 

23 in Connecticut; and 

24 (iii) appropriate local planning and 

25 environmental organizations. 


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1 (B) CONSISTENCY.—All cooperative agree2 ments provided for under this section shall be 

3 consistent with the management plan and may 

4 include provisions for financial or other assist5 ance from the United States. 

6 (4) LAND MANAGEMENT.— 

7 (A) ZONING ORDINANCES.—For the pur8 poses of the segments designated in subsection 

9 (a), the zoning ordinances adopted by the towns 

10 in Avon, Bloomfield, Burlington, East Granby, 

11 Farmington, Granby, Hartland, Simsbury, and 

12 Windsor in Connecticut, including provisions for 

13 conservation of floodplains, wetlands and water14 courses associated with the segments, shall be 

15 deemed to satisfy the standards and require16 ments of section 6(c) of the Wild and Scenic 

17 Rivers Act (16 U.S.C. 1277(c)). 

18 (B) ACQUISITION OF LAND.—The provi19 sions of section 6(c) of the Wild and Scenic 

20 Rivers Act (16 U.S.C. 1277(c)) that prohibit 

21 Federal acquisition of lands by condemnation 

22 shall apply to the segments designated in sub23 section (a). The authority of the Secretary to 

24 acquire lands for the purposes of the segments 

25 designated in subsection (a) shall be limited to 


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1 acquisition by donation or acquisition with the 

2 consent of the owner of the lands, and shall be 

3 subject to the additional criteria set forth in the 

4 management plan. 

5 (5) RAINBOW DAM.—The designation made by 

6 subsection (a) shall not be construed to— 

7 (A) prohibit, pre-empt, or abridge the po8 tential future licensing of the Rainbow Dam 

9 and Reservoir (including any and all aspects of 

10 its facilities, operations and transmission lines) 

11 by the Federal Energy Regulatory Commission 

12 as a federally licensed hydroelectric generation 

13 project under the Federal Power Act, provided 

14 that the Commission may, in the discretion of 

15 the Commission and consistent with this sec16 tion, establish such reasonable terms and condi17 tions in a hydropower license for Rainbow Dam 

18 as are necessary to reduce impacts identified by 

19 the Secretary as invading or unreasonably di20 minishing the scenic, recreational, and fish and 

21 wildlife values of the segments designated by 

22 subsection (a); or 

23 (B) affect the operation of, or impose any 

24 flow or release requirements on, the unlicensed 


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1 hydroelectric facility at Rainbow Dam and Res2 ervoir. 

3 (6) RELATION TO NATIONAL PARK SYSTEM.— 

4 Notwithstanding section 10(c) of the Wild and Sce5 nic Rivers Act (16 U.S.C. 1281(c)), the Lower 

6 Farmington River shall not be administered as part 

7 of the National Park System or be subject to regula8 tions which govern the National Park System. 

9 (c) FARMINGTON RIVER, CONNECTICUT, DESIGNA10 TION REVISION.—Section 3(a)(156) of the Wild and Sce11 nic Rivers Act (16 U.S.C. 1274(a)(156)) is amended in 

12 the first sentence— 

13 (1) by striking ‘‘14-mile’’ and inserting ‘‘15.1- 

14 mile’’; and 

15 (2) by striking ‘‘to the downstream end of the 

16 New Hartford-Canton, Connecticut town line’’ and 

17 inserting ‘‘to the confluence with the Nepaug River’’. 

18 (d) DEFINITION OF MANAGEMENT PLAN.—In this 

19 section, the term ‘‘management plan’’ means the manage20 ment plan prepared by the Salmon Brook Wild and Scenic 

21 Study Committee entitled the ‘‘Lower Farmington River 

22 and Salmon Brook Management Plan’’ and dated June 

23 2011. 


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1 SEC. 7113. EAST ROSEBUD WILD AND SCENIC RIVERS DES2 IGNATION. 

3 (a) PURPOSE.—The purpose of this section is to des4 ignate East Rosebud Creek in the State of Montana as 

5 a component of the National Wild and Scenic Rivers Sys6 tem to preserve and protect for present and future genera7 tions the outstandingly remarkable scenic, recreational, 

8 and geologic values of the Creek. 

9 (b) DESIGNATION OF WILD AND SCENIC RIVER SEG10 MENTS.— 

11 (1) DESIGNATION.—Section 3(a) of the Wild 

12 and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 

13 amended by section 7112(a)) is amended by adding 

14 at the end the following: 

15 ‘‘(214) EAST ROSEBUD CREEK, MONTANA.— 

16 The portions of East Rosebud Creek in the State of 

17 Montana, consisting of— 

18 ‘‘(A) the 13-mile segment exclusively on 

19 public land within the Custer National Forest 

20 from the source in the Absaroka-Beartooth Wil21 derness downstream to the point at which the 

22 Creek enters East Rosebud Lake, including the 

23 stream reach between Twin Outlets Lake and 

24 Fossil Lake, to be administered by the Sec25 retary of Agriculture as a wild river; and 


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1 ‘‘(B) the 7-mile segment exclusively on 

2 public land within the Custer National Forest 

3 from immediately below, but not including, the 

4 outlet of East Rosebud Lake downstream to the 

5 point at which the Creek enters private prop6 erty for the first time, to be administered by 

7 the Secretary of Agriculture as a recreational 

8 river.’’. 

9 (2) ADJACENT MANAGEMENT.— 

10 (A) IN GENERAL.—Nothing in paragraph 

11 (214) of section 3(a) of the Wild and Scenic 

12 Rivers Act (16 U.S.C. 1274(a)) (as added by 

13 paragraph (1)) creates a protective perimeter or 

14 buffer zone outside the designated boundary of 

15 the river segment designated by that para16 graph. 

17 (B) OUTSIDE ACTIVITIES.—The fact that 

18 an otherwise authorized activity or use can be 

19 seen or heard within the boundary of the river 

20 segment designated by paragraph (214) of sec21 tion 3(a) of the Wild and Scenic Rivers Act (16 

22 U.S.C. 1274(a)) (as added by paragraph (1)) 

23 shall not preclude the activity or use outside the 

24 boundary of the river segment. 


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1 SEC. 7114. ARLINGTON RIDGE VISITOR SERVICES FACILITY. 

2 Notwithstanding subsection (g) of section 2863 of the 

3 National Defense Authorization Act for Fiscal Year 2002 

4 (Public Law 107–107; 115 Stat. 1332), the Secretary may 

5 construct a structure for visitor services to include a public 

6 restroom facility on the Arlington Ridge tract (as defined 

7 in that section) in the area of the United States Marine 

8 Corps War Memorial. 

9 SEC. 7115. ROCKINGHAM COUNTY, VIRGINIA, REMOVAL OF 

10 USE RESTRICTION. 

11 Public Law 101–479 (104 Stat. 1158) is amended— 

12 (1) by striking section 2(d); and 

13 (2) by adding at the end the following: 

14 ‘‘SEC. 4. REMOVAL OF USE RESTRICTION. 

15 ‘‘(a) The approximately 1-acre portion of the land re16 ferred to in section 3 that is used for purposes of a child 

17 care center, as authorized by this Act, shall not be subject 

18 to the use restriction imposed in the deed referred to in 

19 section 3. 

20 ‘‘(b) Upon enactment of this section, the Secretary 

21 of the Interior shall execute an instrument to carry out 

22 subsection (a).’’. 

23 SEC. 7116. INTERAGENCY TRANSFER OF LAND ALONG 

24 GEORGE WASHINGTON MEMORIAL PARKWAY. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) MAP.—The term ‘‘Map’’ means the map en2 titled ‘‘George Washington Memorial Parkway— 

3 Claude Moore Farm Proposed Boundary Adjust4 ment’’, numbered 850l130815, and dated Feb5 ruary 2016. 

6 (2) RESEARCH CENTER.—The term ‘‘Research 

7 Center’’ means the Turner-Fairbank Highway Re8 search Center of the Federal Highway Administra9 tion. 

10 (b) ADMINISTRATIVE JURISDICTION TRANSFER.— 

11 (1) TRANSFER OF JURISDICTION.— 

12 (A) GEORGE WASHINGTON MEMORIAL

13 PARKWAY LAND.—Administrative jurisdiction 

14 over the approximately 0.342 acres of Federal 

15 land under the jurisdiction of the Secretary 

16 within the boundary of the George Washington 

17 Memorial Parkway, as generally depicted as 

18 ‘‘B’’ on the Map, is transferred from the Sec19 retary to the Secretary of Transportation. 

20 (B) RESEARCH CENTER LAND.—Adminis21 tration jurisdiction over the approximately 

22 0.479 acres of Federal land within the bound23 ary of the Research Center land under the ju24 risdiction of the Secretary of Transportation 

25 adjacent to the boundary of the George WashVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ington Memorial Parkway, as generally depicted 

2 as ‘‘A’’ on the Map, is transferred from the 

3 Secretary of Transportation to the Secretary. 

4 (2) USE RESTRICTION.—The Secretary shall re5 strict the use of 0.139 acres of Federal land within 

6 the boundary of the George Washington Memorial 

7 Parkway immediately adjacent to part of the perim8 eter fence of the Research Center, generally depicted 

9 as ‘‘C’’ on the Map, by prohibiting the storage, con10 struction, or installation of any item that may inter11 fere with the access of the Research Center to the 

12 restricted land for security and maintenance pur13 poses. 

14 (3) REIMBURSEMENT OR CONSIDERATION.— 

15 The transfers of administrative jurisdiction under 

16 this subsection shall not be subject to reimburse17 ment or consideration. 

18 (4) COMPLIANCE WITH AGREEMENT.— 

19 (A) AGREEMENT.—The National Park 

20 Service and the Federal Highway Administra21 tion shall comply with all terms and conditions 

22 of the agreement entered into by the parties on 

23 September 11, 2002, regarding the transfer of 

24 administrative jurisdiction, management, and 


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1 maintenance of the land described in the agree2 ment. 

3 (B) ACCESS TO RESTRICTED LAND.— 

4 (i) IN GENERAL.—Subject to the 

5 terms of the agreement described in sub6 paragraph (A), the Secretary shall allow 

7 the Research Center— 

8 (I) to access the Federal land de9 scribed in paragraph (1)(B) for pur10 poses of transportation to and from 

11 the Research Center; and 

12 (II) to access the Federal land 

13 described in paragraphs (1)(B) and 

14 (2) for purposes of maintenance in ac15 cordance with National Park Service 

16 standards, including grass mowing, 

17 weed control, tree maintenance, fence 

18 maintenance, and maintenance of the 

19 visual appearance of the Federal land. 

20 (c) MANAGEMENT OF TRANSFERRED LAND.— 

21 (1) INTERIOR LAND.—The Federal land trans22 ferred to the Secretary under subsection (b)(1)(B) 

23 shall be— 

24 (A) included in the boundary of the George 

25 Washington Memorial Parkway; and 


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1 (B) administered by the Secretary as part 

2 of the George Washington Memorial Parkway, 

3 subject to applicable laws (including regula4 tions). 

5 (2) TRANSPORTATION LAND.—The Federal 

6 land transferred to the Secretary of Transportation 

7 under subsection (b)(1)(A) shall be— 

8 (A) included in the boundary of the Re9 search Center land; and 

10 (B) removed from the boundary of the 

11 George Washington Memorial Parkway. 

12 (3) RESTRICTED-USE LAND.—The Federal land 

13 that the Secretary has designated for restricted use 

14 under subsection (b)(2) shall be maintained by the 

15 Research Center. 

16 (d) MAP ON FILE.—The Map shall be available for 

17 public inspection in the appropriate offices of the National 

18 Park Service. 

19 SEC. 7117. SHILOH NATIONAL MILITARY PARK BOUNDARY 

20 MODIFICATION. 

21 (a) DEFINITIONS.—In this section: 

22 (1) AFFILIATED AREA.—The term ‘‘affiliated 

23 area’’ means the Parker’s Crossroads Battlefield es24 tablished as an affiliated area of the National Park 

25 System by subsection (c)(1). 


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1 (2) PARK.—The term ‘‘Park’’ means Shiloh 

2 National Military Park, a unit of the National Park 

3 System. 

4 (b) AREAS TO BE ADDED TO SHILOH NATIONAL

5 MILITARY PARK.— 

6 (1) ADDITIONAL AREAS.—The boundary of the 

7 Park is modified to include the areas that are gen8 erally depicted on the map entitled ‘‘Shiloh National 

9 Military Park, Proposed Boundary Adjustment’’, 

10 numbered 304/80,011, and dated July 2014, and 

11 which are comprised of the following: 

12 (A) Fallen Timbers Battlefield. 

13 (B) Russell House Battlefield. 

14 (C) Davis Bridge Battlefield. 

15 (2) ACQUISITION AUTHORITY.—The Secretary 

16 may acquire the land described in paragraph (1) by 

17 donation, purchase from willing sellers with donated 

18 or appropriated funds, or exchange. 

19 (3) ADMINISTRATION.—Any land acquired 

20 under this subsection shall be administered as part 

21 of the Park. 

22 (c) ESTABLISHMENT OF AFFILIATED AREA.— 

23 (1) IN GENERAL.—Parker’s Crossroads Battle24 field in the State of Tennessee is established as an 

25 affiliated area of the National Park System. 


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1 (2) DESCRIPTION OF AFFILIATED AREA.—The 

2 affiliated area shall consist of the area generally de3 picted within the ‘‘Proposed Boundary’’ on the map 

4 entitled ‘‘Parker’s Crossroads Battlefield, Proposed 

5 Boundary’’, numbered 903/80,073, and dated July 

6 2014. 

7 (3) ADMINISTRATION.—The affiliated area shall 

8 be managed in accordance with— 

9 (A) this section; and 

10 (B) any law generally applicable to units of 

11 the National Park System. 

12 (4) MANAGEMENT ENTITY.—The City of Park13 ers Crossroads and the Tennessee Historical Com14 mission shall jointly be the management entity for 

15 the affiliated area. 

16 (5) COOPERATIVE AGREEMENTS.—The Sec17 retary may provide technical assistance and enter 

18 into cooperative agreements with the management 

19 entity for the purpose of providing financial assist20 ance for the marketing, marking, interpretation, and 

21 preservation of the affiliated area. 

22 (6) LIMITED ROLE OF THE SECRETARY.—Noth23 ing in this section authorizes the Secretary to ac24 quire property at the affiliated area or to assume 


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1 overall financial responsibility for the operation, 

2 maintenance, or management of the affiliated area. 

3 (7) GENERAL MANAGEMENT PLAN.— 

4 (A) IN GENERAL.—The Secretary, in con5 sultation with the management entity, shall de6 velop a general management plan for the affili7 ated area in accordance with section 100502 of 

8 title 54, United States Code. 

9 (B) TRANSMITTAL.—Not later than 3 

10 years after the date on which funds are made 

11 available to carry out this section, the Secretary 

12 shall submit to the Committee on Natural Re13 sources of the House of Representatives and the 

14 Committee on Energy and Natural Resources of 

15 the Senate the general management plan devel16 oped under subparagraph (A). 

17 SEC. 7118. HISTORICALLY BLACK COLLEGES AND UNIVER18 SITIES HISTORIC PRESERVATION PROGRAM 

19 REAUTHORIZED. 

20 Section 507(d)(2) of division I of the Omnibus Parks 

21 and Public Lands Management Act of 1996 (54 U.S.C. 

22 302101 note; Public Law 104–333) is amended by strik23 ing the period at the end and inserting ‘‘and each of fiscal 

24 years 2018 through 2024.’’. 


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1 SEC. 7119. FORT FREDERICA NATIONAL MONUMENT 

2 BOUNDARY ADJUSTMENT. 

3 (a) MAXIMUM ACREAGE.—The first section of the 

4 Act of May 26, 1936 (16 U.S.C. 433g), is amended by 

5 striking ‘‘two hundred and fifty acres’’ and inserting ‘‘305 

6 acres’’. 

7 (b) BOUNDARY EXPANSION.— 

8 (1) IN GENERAL.—The boundary of the Fort 

9 Frederica National Monument in the State of Geor10 gia is modified to include the land generally depicted 

11 as ‘‘Proposed Acquisition Areas’’ on the map enti12 tled ‘‘Fort Frederica National Monument Proposed 

13 Boundary Expansion’’, numbered 369/132,469, and 

14 dated April 2016. 

15 (2) AVAILABILITY OF MAP.—The map described 

16 in paragraph (1) shall be on file and available for 

17 public inspection in the appropriate offices of the 

18 National Park Service. 

19 (3) ACQUISITION OF LAND.—The Secretary 

20 may acquire the land and interests in land described 

21 in paragraph (1) by donation or purchase with do22 nated or appropriated funds from willing sellers 

23 only. 

24 (4) NO USE OF CONDEMNATION OR EMINENT

25 DOMAIN.—The Secretary may not acquire by con26 demnation or eminent domain any land or interests 


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1 in land under this section or for the purposes of this 

2 section. 

3 SEC. 7120. REDESIGNATION OF ROBERT EMMET PARK. 

4 (a) REDESIGNATION.—The small triangular property 

5 designated by the National Park Service as reservation 

6 302, shall be known as ‘‘Robert Emmet Park’’. 

7 (b) REFERENCE.—Any reference in any law, regula8 tion, document, record, map, paper, or other record of the 

9 United States to the property referred to in subsection (a) 

10 is deemed to be a reference to ‘‘Robert Emmet Park’’. 

11 (c) SIGNAGE.—The Secretary may post signs on or 

12 near Robert Emmet Park that include 1 or more of the 

13 following: 

14 (1) Information on Robert Emmet, his con15 tribution to Irish independence, and his respect for 

16 the United States and the American Revolution. 

17 (2) Information on the history of the statue of 

18 Robert Emmet located in Robert Emmet Park. 

19 SEC. 7121. DESIGNATION OF THE NATIONAL MEMORIAL TO 

20 FALLEN EDUCATORS. 

21 (a) IN GENERAL.—The memorial to fallen educators 

22 located at the National Teachers Hall of Fame in Empo23 ria, Kansas, is designated as the ‘‘National Memorial to 

24 Fallen Educators’’. 


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1 (b) EFFECT OF DESIGNATION.—The national memo2 rial designated by this section is not a unit of the National 

3 Park System and the designation of the National Memo4 rial to Fallen Educators shall not require or permit Fed5 eral funds to be expended for any purpose related to that 

6 national memorial. 

7 SEC. 7122. AFRICAN AMERICAN CIVIL RIGHTS NETWORK. 

8 (a) PURPOSES.—The purposes of this section are— 

9 (1) to recognize— 

10 (A) the importance of the African Amer11 ican civil rights movement; and 

12 (B) the sacrifices made by the people who 

13 fought against discrimination and segregation; 

14 and 

15 (2) to authorize the National Park Service to 

16 coordinate and facilitate Federal and non-Federal 

17 activities to commemorate, honor, and interpret— 

18 (A) the history of the African American 

19 civil rights movement; 

20 (B) the significance of the civil rights 

21 movement as a crucial element in the evolution 

22 of the Civil Rights Act of 1964 (42 U.S.C. 

23 2000a et seq.); and 


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1 (C) the relevance of the African American 

2 civil rights movement in fostering the spirit of 

3 social justice and national reconciliation. 

4 (b) AFRICAN AMERICAN CIVIL RIGHTS NETWORK

5 PROGRAM.— 

6 (1) IN GENERAL.—Subdivision 1 of Division B 

7 of subtitle III of title 54, United States Code, is 

8 amended by inserting after chapter 3083 the fol9 lowing: 

10 ‘‘CHAPTER 3084—AFRICAN AMERICAN 

11 CIVIL RIGHTS NETWORK 

‘‘Sec. 

‘‘308401. Definition of Network. 

‘‘308402. African American Civil Rights Network. 

‘‘308403. Cooperative agreements and memoranda of understanding. 

12 ‘‘§ 308401. Definition of Network 

13 ‘‘In this chapter, the term ‘Network’ means the Afri14 can American Civil Rights Network established under sec15 tion 308402(a). 

16 ‘‘§ 308402. African American Civil Rights Network 

17 ‘‘(a) IN GENERAL.—The Secretary shall establish, 

18 within the Service, a program to be known as the ‘African 

19 American Civil Rights Network’. 

20 ‘‘(b) DUTIES OF SECRETARY.—In carrying out the 

21 Network, the Secretary shall— 

22 ‘‘(1) review studies and reports to complement 

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1 tance of the African American civil rights movement 

2 that may be underway or completed, such as the 

3 Civil Rights Framework Study; 

4 ‘‘(2) produce and disseminate appropriate edu5 cational materials relating to the African American 

6 civil rights movement, such as handbooks, maps, in7 terpretive guides, or electronic information; 

8 ‘‘(3) enter into appropriate cooperative agree9 ments and memoranda of understanding to provide 

10 technical assistance under subsection (c); and 

11 ‘‘(4)(A) create and adopt an official, uniform 

12 symbol or device for the Network; and 

13 ‘‘(B) issue regulations for the use of the symbol 

14 or device adopted under subparagraph (A). 

15 ‘‘(c) ELEMENTS.—The Network shall encompass the 

16 following elements: 

17 ‘‘(1) All units and programs of the Service that 

18 are determined by the Secretary to relate to the Af19 rican American civil rights movement during the pe20 riod from 1939 through 1968. 

21 ‘‘(2) Other Federal, State, local, and privately 

22 owned properties that— 

23 ‘‘(A) relate to the African American civil 

24 rights movement; 


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1 ‘‘(B) have a verifiable connection to the 

2 African American civil rights movement; and 

3 ‘‘(C) are included in, or determined by the 

4 Secretary to be eligible for inclusion in, the Na5 tional Register of Historic Places. 

6 ‘‘(3) Other governmental and nongovernmental 

7 facilities and programs of an educational, research, 

8 or interpretive nature that are directly related to the 

9 African American civil rights movement. 

10 ‘‘§ 308403. Cooperative agreements and memoranda 

11 of understanding 

12 ‘‘To achieve the purposes of this chapter and to en13 sure effective coordination of the Federal and non-Federal 

14 elements of the Network described in section 308402(c) 

15 with System units and programs of the Service, the Sec16 retary may enter into cooperative agreements and memo17 randa of understanding with, and provide technical assist18 ance to the heads of other Federal agencies, States, units 

19 of local government, regional governmental bodies, and 

20 private entities.’’. 

21 (2) CLERICAL AMENDMENT.—The table of 

22 chapters for title 54, United States Code, is amend23 ed by inserting after the item relating to chapter 

24 3083 the following: 

‘‘3084. African American Civil Rights Network ......................................308401’’. 


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1 SEC. 7123. 400 YEARS OF AFRICAN-AMERICAN HISTORY 

2 COMMISSION. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COMMEMORATION.—The term ‘‘commemo5 ration’’ means the commemoration of the 400th an6 niversary of the arrival of Africans in the English 

7 colonies, at Point Comfort, Virginia, in 1619. 

8 (2) COMMISSION.—The term ‘‘Commission’’ 

9 means the 400 Years of African-American History 

10 Commission established by subsection (b)(1). 

11 (b) ESTABLISHMENT.— 

12 (1) IN GENERAL.—There is established a com13 mission, to be known as the ‘‘400 Years of African14 American History Commission’’. 

15 (2) MEMBERSHIP.— 

16 (A) COMPOSITION.—The Commission shall 

17 be composed of 15 members, of whom— 

18 (i) 3 members shall be appointed by 

19 the Secretary, after considering the rec20 ommendations of Governors of States, in21 cluding the Governor of Virginia; 

22 (ii) 6 members shall be appointed by 

23 the Secretary, after considering the rec24 ommendations of civil rights organizations 

25 and historical organizations; 


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1 (iii) 1 member shall be an employee of 

2 the National Park Service having experi3 ence relating to the historical and cultural 

4 resources related to the commemoration, to 

5 be appointed by the Secretary; 

6 (iv) 2 members shall be appointed by 

7 the Secretary, after considering the rec8 ommendations of the Secretary of the 

9 Smithsonian Institution; and 

10 (v) 3 members shall be individuals 

11 who have an interest in, support for, and 

12 expertise appropriate to the commemora13 tion, to be appointed by the Secretary, 

14 after considering the recommendations of 

15 Members of Congress. 

16 (B) TIME OF APPOINTMENT.—Each ap17 pointment of an initial member of the Commis18 sion shall be made before the expiration of the 

19 120-day period beginning on the date of enact20 ment of this Act. 

21 (C) TERM; VACANCIES.— 

22 (i) TERM.—A member of the Commis23 sion shall be appointed for the life of the 

24 Commission. 

25 (ii) VACANCIES.— 


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1 (I) IN GENERAL.—A vacancy on 

2 the Commission shall be filled in the 

3 same manner in which the original ap4 pointment was made. 

5 (II) PARTIAL TERM.—A member 

6 appointed to fill a vacancy on the 

7 Commission shall serve for the re8 mainder of the term for which the 

9 predecessor of the member was ap10 pointed. 

11 (iii) CONTINUATION OF MEMBER12 SHIP.—If a member of the Commission 

13 was appointed to the Commission as an 

14 employee of the National Park Service, and 

15 ceases to be an employee of the National 

16 Park Service, that member may continue 

17 to serve on the Commission for not longer 

18 than the 30-day period beginning on the 

19 date on which that member ceases to be an 

20 employee of the National Park Service. 

21 (3) DUTIES.—The Commission shall— 

22 (A) plan, develop, and carry out programs 

23 and activities throughout the United States— 

24 (i) appropriate for the commemora25 tion; 


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1 (ii) to recognize and highlight the re2 silience and contributions of African-Amer3 icans since 1619; 

4 (iii) to acknowledge the impact that 

5 slavery and laws that enforced racial dis6 crimination had on the United States; and 

7 (iv) to educate the public about— 

8 (I) the arrival of Africans in the 

9 United States; and 

10 (II) the contributions of African11 Americans to the United States; 

12 (B) encourage civic, patriotic, historical, 

13 educational, artistic, religious, economic, and 

14 other organizations throughout the United 

15 States to organize and participate in anniver16 sary activities to expand understanding and ap17 preciation of— 

18 (i) the significance of the arrival of 

19 Africans in the United States; and 

20 (ii) the contributions of African-Amer21 icans to the United States; 

22 (C) provide technical assistance to States, 

23 localities, and nonprofit organizations to further 

24 the commemoration; 


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1 (D) coordinate and facilitate for the public 

2 scholarly research on, publication about, and in3 terpretation of— 

4 (i) the arrival of Africans in the 

5 United States; and 

6 (ii) the contributions of African-Amer7 icans to the United States; 

8 (E) ensure that the commemoration pro9 vides a lasting legacy and long-term public ben10 efit by assisting in the development of appro11 priate programs; and 

12 (F) help ensure that the observances of the 

13 commemoration are inclusive and appropriately 

14 recognize the experiences and heritage of all in15 dividuals present at the arrival of Africans in 

16 the United States. 

17 (c) COMMISSION MEETINGS.— 

18 (1) INITIAL MEETING.—Not later than 30 days 

19 after the date on which all members of the Commis20 sion have been appointed, the Commission shall hold 

21 the initial meeting of the Commission. 

22 (2) MEETINGS.—The Commission shall meet— 

23 (A) at least 3 times each year; or 

24 (B) at the call of the Chairperson or the 

25 majority of the members of the Commission. 


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1 (3) QUORUM.—A majority of the voting mem2 bers shall constitute a quorum, but a lesser number 

3 may hold meetings. 

4 (4) CHAIRPERSON AND VICE CHAIRPERSON.— 

5 (A) ELECTION.—The Commission shall 

6 elect the Chairperson and the Vice Chairperson 

7 of the Commission on an annual basis. 

8 (B) ABSENCE OF THE CHAIRPERSON.— 

9 The Vice Chairperson shall serve as the Chair10 person in the absence of the Chairperson. 

11 (5) VOTING.—The Commission shall act only 

12 on an affirmative vote of a majority of the members 

13 of the Commission. 

14 (d) COMMISSION POWERS.— 

15 (1) GIFTS.—The Commission may solicit, ac16 cept, use, and dispose of gifts, bequests, or devises 

17 of money or other property for aiding or facilitating 

18 the work of the Commission. 

19 (2) APPOINTMENT OF ADVISORY COMMIT20 TEES.—The Commission may appoint such advisory 

21 committees as the Commission determines to be nec22 essary to carry out this section. 

23 (3) AUTHORIZATION OF ACTION.—The Commis24 sion may authorize any member or employee of the 


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1 Commission to take any action that the Commission 

2 is authorized to take under this section. 

3 (4) PROCUREMENT.— 

4 (A) IN GENERAL.—The Commission may 

5 procure supplies, services, and property, and 

6 make or enter into contracts, leases, or other 

7 legal agreements, to carry out this section (ex8 cept that a contract, lease, or other legal agree9 ment made or entered into by the Commission 

10 shall not extend beyond the date of termination 

11 of the Commission). 

12 (B) LIMITATION.—The Commission may 

13 not purchase real property. 

14 (5) POSTAL SERVICES.—The Commission may 

15 use the United States mails in the same manner and 

16 under the same conditions as other agencies of the 

17 Federal Government. 

18 (6) GRANTS AND TECHNICAL ASSISTANCE.— 

19 The Commission may— 

20 (A) provide grants in amounts not to ex21 ceed $20,000 per grant to communities and 

22 nonprofit organizations for use in developing 

23 programs to assist in the commemoration; 

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1 tribute information relating to the arrival of Af2 ricans in the United States; and 

3 (C) provide technical assistance to States, 

4 localities, and nonprofit organizations to further 

5 the commemoration. 

6 (e) COMMISSION PERSONNEL MATTERS.— 

7 (1) COMPENSATION OF MEMBERS.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), a member of the Commis10 sion shall serve without compensation. 

11 (B) FEDERAL EMPLOYEES.—A member of 

12 the Commission who is an officer or employee 

13 of the Federal Government shall serve without 

14 compensation other than the compensation re15 ceived for the services of the member as an offi16 cer or employee of the Federal Government. 

17 (2) TRAVEL EXPENSES.—A member of the 

18 Commission shall be allowed travel expenses, includ19 ing per diem in lieu of subsistence, at rates author20 ized for an employee of an agency under subchapter 

21 I of chapter 57 of title 5, United States Code, while 

22 away from the home or regular place of business of 

23 the member in the performance of the duties of the 

24 Commission. 

25 (3) DIRECTOR AND STAFF.— 


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1 (A) IN GENERAL.—The Chairperson of the 

2 Commission may, without regard to the civil 

3 service laws (including regulations), nominate 

4 an executive director to enable the Commission 

5 to perform the duties of the Commission. 

6 (B) CONFIRMATION OF EXECUTIVE DIREC7 TOR.—The employment of an executive director 

8 shall be subject to confirmation by the Commis9 sion. 

10 (4) COMPENSATION.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the Commission may fix the 

13 compensation of the executive director and 

14 other personnel without regard to the provisions 

15 of chapter 51 and subchapter III of chapter 53 

16 of title 5, United States Code, relating to classi17 fication of positions and General Schedule pay 

18 rates. 

19 (B) MAXIMUM RATE OF PAY.—The rate of 

20 pay for the executive director and other per21 sonnel shall not exceed the rate payable for 

22 level V of the Executive Schedule under section 

23 5316 of title 5, United States Code. 

24 (5) DETAIL OF GOVERNMENT EMPLOYEES.— 

25 (A) FEDERAL EMPLOYEES.— 


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1 (i) DETAIL.—At the request of the 

2 Commission, the head of any Federal agen3 cy may detail, on a reimbursable or nonre4 imbursable basis, any of the personnel of 

5 the agency to the Commission to assist the 

6 Commission in carrying out the duties of 

7 the Commission under this section. 

8 (ii) CIVIL SERVICE STATUS.—The de9 tail of an employee under clause (i) shall 

10 be without interruption or loss of civil serv11 ice status or privilege. 

12 (B) STATE EMPLOYEES.—The Commission 

13 may— 

14 (i) accept the services of personnel de15 tailed from the State; and 

16 (ii) reimburse the State for services of 

17 detailed personnel. 

18 (6) PROCUREMENT OF TEMPORARY AND INTER19 MITTENT SERVICES.—The Chairperson of the Com20 mission may procure temporary and intermittent 

21 services in accordance with section 3109(b) of title 

22 5, United States Code, at rates for individuals that 

23 do not exceed the daily equivalent of the annual rate 

24 of basic pay prescribed for level V of the Executive 

25 Schedule under section 5316 of such title. 


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1 (7) VOLUNTEER AND UNCOMPENSATED SERV2 ICES.—Notwithstanding section 1342 of title 31, 

3 United States Code, the Commission may accept and 

4 use such voluntary and uncompensated services as 

5 the Commission determines to be necessary. 

6 (8) SUPPORT SERVICES.— 

7 (A) IN GENERAL.—The Secretary shall 

8 provide to the Commission, on a reimbursable 

9 basis, such administrative support services as 

10 the Commission may request. 

11 (B) REIMBURSEMENT.—Any reimburse12 ment under this subparagraph shall be credited 

13 to the appropriation, fund, or account used for 

14 paying the amounts reimbursed. 

15 (9) NO EFFECT ON AUTHORITY.—Nothing in 

16 this subsection supersedes the authority of the Na17 tional Park Service with respect to the commemora18 tion. 

19 (f) PLANS; REPORTS.— 

20 (1) STRATEGIC PLAN.—The Commission shall 

21 prepare a strategic plan for the activities of the 

22 Commission carried out under this section. 

23 (2) FINAL REPORT.—Not later than July 1, 

24 2020, the Commission shall complete and submit to 

25 Congress a final report that contains— 


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1 (A) a summary of the activities of the 

2 Commission; 

3 (B) a final accounting of funds received 

4 and expended by the Commission; and 

5 (C) the findings and recommendations of 

6 the Commission. 

7 (g) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated to the Commission such sums as are 

10 necessary to carry out this section. 

11 (2) AVAILABILITY.—Amounts made available 

12 under paragraph (1) shall remain available until 

13 July 1, 2020. 

14 (h) TERMINATION OF COMMISSION.— 

15 (1) DATE OF TERMINATION.—The Commission 

16 shall terminate on July 1, 2020. 

17 (2) TRANSFER OF DOCUMENTS AND MATE18 RIALS.—Before the date of termination specified in 

19 paragraph (1), the Commission shall transfer all 

20 documents and materials of the Commission to the 

21 National Archives or another appropriate Federal 

22 entity. 

23 SEC. 7124. MODIFICATION OF VOYAGEURS NATIONAL PARK 

24 BOUNDARY. 

25 (a) BOUNDARIES.— 


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1 (1) IN GENERAL.—Section 102(a) of Public 

2 Law 91–661 (16 U.S.C. 160a–1(a)) is amended— 

3 (A) in the first sentence, by striking ‘‘the 

4 drawing entitled’’ and all that follows through 

5 ‘‘February 1969’’ and inserting ‘‘the map enti6 tled ‘Voyageurs National Park, Proposed Land 

7 Transfer & Boundary Adjustment’, numbered 

8 172/80,056, and dated June 2009 (22 sheets)’’; 

9 and 

10 (B) in the second and third sentences, by 

11 striking ‘‘drawing’’ each place it appears and 

12 inserting ‘‘map’’. 

13 (2) TECHNICAL CORRECTIONS.—Section 

14 102(b)(2)(A) of Public Law 91–661 (16 U.S.C. 

15 160a–1(b)(2)(A)) is amended— 

16 (A) by striking ‘‘paragraph (1)(C) and 

17 (D)’’ and inserting ‘‘subparagraphs (C) and (D) 

18 of paragraph (1)’’; and 

19 (B) in the second proviso, by striking 

20 ‘‘paragraph 1(E)’’ and inserting ‘‘paragraph 

21 (1)(E)’’. 

22 (b) LAND ACQUISITIONS.—Section 201 of Public 

23 Law 91–661 (16 U.S.C. 160b) is amended— 


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1 (1) by striking the section designation and 

2 heading and all that follows through ‘‘(a) The Sec3 retary’’ and inserting the following: 

4 ‘‘SEC. 201. LAND ACQUISITIONS. 

5 ‘‘(a) AUTHORIZATION.— 

6 ‘‘(1) IN GENERAL.—The Secretary’’; 

7 (2) in subsection (a)— 

8 (A) in the second sentence, by striking 

9 ‘‘When any tract of land is only partly within 

10 such boundaries’’ and inserting the following: 

11 ‘‘(2) CERTAIN PORTIONS OF TRACTS.— 

12 ‘‘(A) IN GENERAL.—In any case in which 

13 only a portion of a tract of land is within the 

14 boundaries of the park’’; 

15 (B) in the third sentence, by striking 

16 ‘‘Land so acquired’’ and inserting the following: 

17 ‘‘(B) EXCHANGE.— 

18 ‘‘(i) IN GENERAL.—Any land acquired 

19 pursuant to subparagraph (A)’’; 

20 (C) in the fourth sentence, by striking 

21 ‘‘Any portion’’ and inserting the following: 

22 ‘‘(ii) PORTIONS NOT EXCHANGED.— 

23 Any portion’’; 

24 (D) in the fifth sentence, by striking ‘‘Any 

25 Federal property’’ and inserting the following: 


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1 ‘‘(C) TRANSFERS OF FEDERAL PROP2 ERTY.—Any Federal property’’; and 

3 (E) by striking the last sentence and in4 serting the following: 

5 ‘‘(D) ADMINISTRATIVE JURISDICTION.— 

6 Effective beginning on the date of enactment of 

7 this subparagraph, there is transferred to the 

8 National Park Service administrative jurisdic9 tion over— 

10 ‘‘(i) any land managed by the Bureau 

11 of Land Management within the bound12 aries of the park, as depicted on the map 

13 described in section 102(a); and 

14 ‘‘(ii) any additional public land identi15 fied by the Bureau of Land Management 

16 as appropriate for transfer within the 

17 boundaries of the park. 

18 ‘‘(E) LAND OWNED BY STATE.— 

19 ‘‘(i) DONATIONS AND EXCHANGES.— 

20 Any land located within or adjacent to the 

21 boundaries of the park that is owned by 

22 the State of Minnesota (or a political sub23 division of the State) may be acquired by 

24 the Secretary only through donation or ex25 change. 


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1 ‘‘(ii) REVISION.—On completion of an 

2 acquisition from the State under clause (i), 

3 the Secretary shall revise the boundaries of 

4 the park to reflect the acquisition.’’; and 

5 (3) in subsection (b), by striking ‘‘(b) In exer6 cising his’’ and inserting the following: 

7 ‘‘(b) OFFERS BY INDIVIDUALS.—In exercising the’’. 

8 SEC. 7125. NORTH COUNTRY NATIONAL SCENIC TRAIL 

9 ROUTE ADJUSTMENT. 

10 Section 5(a)(8) of the National Trails System Act (16 

11 U.S.C. 1244(a)(8)) is amended in the first sentence— 

12 (1) by striking ‘‘thirty two hundred miles, ex13 tending from eastern New York State’’ and inserting 

14 ‘‘4,600 miles, extending from the Appalachian Trail 

15 in Vermont’’; and 

16 (2) by striking ‘‘Proposed North Country Trail’’ 

17 and all that follows through ‘‘June 1975.’’ and in18 serting ‘‘ ‘North Country National Scenic Trail, Au19 thorized Route’ dated February 2014, and numbered 

20 649/116870.’’. 

21 SEC. 7126. NATIONAL EMERGENCY MEDICAL SERVICES 

22 COMMEMORATIVE WORK. 

23 (a) IN GENERAL.—The National Emergency Medical 

24 Services Memorial Foundation (referred to in this section 

25 as the ‘‘Foundation’’) may establish a commemorative 


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1 work on Federal land in the District of Columbia and its 

2 environs to commemorate the commitment and service 

3 represented by Emergency Medical Services. 

4 (b) COMPLIANCE WITH STANDARDS FOR COMMEMO5 RATIVE WORKS.—The establishment of the commemora6 tive work under this section shall be in accordance with 

7 chapter 89 of title 40, United States Code (commonly 

8 known as the ‘‘Commemorative Works Act’’). 

9 (c) PAYMENT OF EXPENSES.— 

10 (1) RESPONSIBILITY OF NATIONAL EMERGENCY

11 MEDICAL SERVICES MEMORIAL FOUNDATION.—The 

12 Foundation shall be solely responsible for acceptance 

13 of contributions for, and payment of the expenses of, 

14 the establishment of the commemorative work under 

15 this section. 

16 (2) USE OF FEDERAL FUNDS PROHIBITED.— 

17 Federal funds may not be used to pay any expense 

18 of the establishment of the commemorative work 

19 under this section. 

20 (d) DEPOSIT OF EXCESS FUNDS.— 

21 (1) IN GENERAL.—If on payment of all ex22 penses for the establishment of the commemorative 

23 work (including the maintenance and preservation 

24 amount required by section 8906(b)(1) of title 40, 

25 United States Code), there remains a balance of 


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1 funds received for the establishment of the com2 memorative work under this section, the Foundation 

3 shall transmit the amount of the balance to the Sec4 retary for deposit in the account provided for in sec5 tion 8906(b)(3) of title 40, United States Code. 

6 (2) ON EXPIRATION OF AUTHORITY.—If on ex7 piration of the authority for the commemorative 

8 work under section 8903(e) of title 40, United 

9 States Code, there remains a balance of funds re10 ceived for the establishment of the commemorative 

11 work under this section, the Foundation shall trans12 mit the amount of the balance to a separate account 

13 with the National Park Foundation for memorials, 

14 to be available to the Secretary or Administrator of 

15 General Services, as appropriate, in accordance with 

16 the process provided in section 8906(b)(4) of title 

17 40, United States Code, for accounts established 

18 under paragraph (2) or (3) of section 8906(b) of 

19 title 40, United States Code. 

20 SEC. 7127. NATIONAL HERITAGE AREA DESIGNATIONS. 

21 (a) IN GENERAL.—The following areas are des22 ignated as national heritage areas, to be administered in 

23 accordance with this section: 

24 (1) APPALACHIAN FOREST NATIONAL HERITAGE

25 AREA, WEST VIRGINIA AND MARYLAND.— 


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1 (A) IN GENERAL.—There is established the 

2 Appalachian Forest National Heritage Area in 

3 the States of West Virginia and Maryland, as 

4 depicted on the map entitled ‘‘Appalachian For5 est National Heritage Area’’, numbered T07/ 

6 80,000, and dated October 2007, including— 

7 (i) Barbour, Braxton, Grant, 

8 Greenbrier, Hampshire, Hardy, Mineral, 

9 Morgan, Nicholas, Pendleton, Pocahontas, 

10 Preston, Randolph, Tucker, Upshur, and 

11 Webster Counties in West Virginia; and 

12 (ii) Allegany and Garrett Counties in 

13 Maryland. 

14 (B) LOCAL COORDINATING ENTITY.—The 

15 Appalachian Forest Heritage Area, Inc., shall 

16 be— 

17 (i) the local coordinating entity for 

18 the national heritage area designated by 

19 subparagraph (A) (referred to in this sub20 paragraph as the ‘‘local coordinating enti21 ty’’); and 

22 (ii) governed by a board of directors 

23 that shall— 

24 (I) include members to represent 

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1 ties described in subparagraph (A) 

2 and the States of West Virginia and 

3 Maryland; 

4 (II) be composed of not fewer 

5 than 7, and not more than 15, mem6 bers elected by the membership of the 

7 local coordinating entity; 

8 (III) be selected to represent a 

9 balanced group of diverse interests, 

10 including— 

11 (aa) the forest industry; 

12 (bb) environmental interests; 

13 (cc) cultural heritage inter14 ests; 

15 (dd) tourism interests; and 

16 (ee) regional agency part17 ners; 

18 (IV) exercise all corporate powers 

19 of the local coordinating entity; 

20 (V) manage the activities and af21 fairs of the local coordinating entity; 

22 and 

23 (VI) subject to any limitations in 

24 the articles and bylaws of the local co25 ordinating entity, this section, and 


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1 other applicable Federal or State law, 

2 establish the policies of the local co3 ordinating entity. 

4 (2) MARITIME WASHINGTON NATIONAL HERIT5 AGE AREA, WASHINGTON.— 

6 (A) IN GENERAL.—There is established the 

7 Maritime Washington National Heritage Area 

8 in the State of Washington, to include land in 

9 Whatcom, Skagit, Snohomish, San Juan, Is10 land, King, Pierce, Thurston, Mason, Kitsap, 

11 Jefferson, Clallam, Grays Harbor Counties in 

12 the State that is at least partially located within 

the area that is 1 13 ⁄4–mile landward of the shore14 line, as generally depicted on the map entitled 

15 ‘‘Maritime Washington National Heritage Area 

16 Proposed Boundary’’, numbered 584/125,484, 

17 and dated August, 2014. 

18 (B) LOCAL COORDINATING ENTITY.—The 

19 Washington Trust for Historic Preservation 

20 shall be the local coordinating entity for the na21 tional heritage area designated by subpara22 graph (A). 

23 (3) MOUNTAINS TO SOUND GREENWAY NA24 TIONAL HERITAGE AREA, WASHINGTON.— 


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1 (A) IN GENERAL.—There is established the 

2 Mountains to Sound Greenway National Herit3 age Area in the State of Washington, to consist 

4 of land in King and Kittitas Counties in the 

5 State, as generally depicted on the map entitled 

6 ‘‘Mountains to Sound Greenway National Her7 itage Area Proposed Boundary’’, numbered 

8 584/125,483, and dated August, 2014. 

9 (B) LOCAL COORDINATING ENTITY.—The 

10 Mountains to Sound Greenway Trust shall be 

11 the local coordinating entity for the national 

12 heritage area designated by subparagraph (A). 

13 (C) REFERENCES TO INDIAN TRIBE; TRIB14 AL.—Any reference in this section to the terms 

15 ‘‘Indian tribe’’ or ‘‘tribal’’ shall be considered, 

16 for purposes of the national heritage area des17 ignated by subparagraph (A), to refer to each 

18 of the tribal governments of the Snoqualmie, 

19 Yakama, Tulalip, Muckleshoot, and Colville In20 dian tribes. 

21 (D) MANAGEMENT REQUIREMENTS.—With 

22 respect to the national heritage area designated 

23 by subparagraph (A): 


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1 (i) The preparation of an interpretive 

2 plan under subsection (c)(2)(C)(vii) shall 

3 also include plans for tribal heritage. 

4 (ii) The Secretary shall ensure that 

5 the management plan developed under sub6 section (c) is consistent with the trust re7 sponsibilities of the Secretary to Indian 

8 tribes and tribal treaty rights within the 

9 national heritage area. 

10 (iii) The interpretive plan and man11 agement plan for the national heritage 

12 area shall be developed in consultation 

13 with the Indian tribes referenced in sub14 paragraph (C). 

15 (iv) Nothing in this section shall grant 

16 or diminish any hunting, fishing, or gath17 ering treaty right of any Indian tribe. 

18 (v) Nothing in this section affects the 

19 authority of a State or an Indian tribe to 

20 manage fish and wildlife, including the reg21 ulation of hunting and fishing within the 

22 national heritage area. 

23 (4) SACRAMENTO-SAN JOAQUIN DELTA NA24 TIONAL HERITAGE AREA, CALIFORNIA.— 


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1 (A) IN GENERAL.—There is established the 

2 Sacramento-San Joaquin Delta National Herit3 age Area in the State of California, to consist 

4 of land in Contra Costa, Sacramento, San Joa5 quin, Solano, and Yolo Counties in the State, as 

6 generally depicted on the map entitled ‘‘Sac7 ramento-San Joaquin Delta National Heritage 

8 Area Proposed Boundary’’, numbered T27/ 

9 105,030, and dated October 2012. 

10 (B) LOCAL COORDINATING ENTITY.—The 

11 Delta Protection Commission established by 

12 section 29735 of the California Public Re13 sources Code shall be the local coordinating en14 tity for the national heritage area designated by 

15 subparagraph (A). 

16 (5) SUSQUEHANNA NATIONAL HERITAGE AREA, 

17 PENNSYLVANIA.— 

18 (A) IN GENERAL.—There is established the 

19 Susquehanna National Heritage Area in Lan20 caster and York Counties, Pennsylvania. 

21 (B) LOCAL COORDINATING ENTITY.—The 

22 Susquehanna Heritage Corporation, a nonprofit 

23 organization established under the laws of the 

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1 nating entity for the national heritage area des2 ignated by subparagraph (A). 

3 (b) ADMINISTRATION.— 

4 (1) AUTHORITIES.—For purposes of carrying 

5 out the management plan for each of the national 

6 heritage areas designated by subsection (a), the Sec7 retary, acting through the local coordinating entity, 

8 may use amounts made available under subsection 

9 (g)— 

10 (A) to make grants to the State or a polit11 ical subdivision of the State, Indian tribes, non12 profit organizations, and other persons; 

13 (B) to enter into cooperative agreements 

14 with, or provide technical assistance to, the 

15 State or a political subdivision of the State, In16 dian tribes, nonprofit organizations, and other 

17 interested parties; 

18 (C) to hire and compensate staff, which 

19 shall include individuals with expertise in nat20 ural, cultural, and historical resources protec21 tion, and heritage programming; 

22 (D) to obtain money or services from any 

23 source including any money or services that are 

24 provided under any other Federal law or pro25 gram; 


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1 (E) to contract for goods or services; and 

2 (F) to undertake to be a catalyst for any 

3 other activity that furthers the national herit4 age area and is consistent with the approved 

5 management plan. 

6 (2) DUTIES.—The local coordinating entity for 

7 each of the national heritage areas designated by 

8 subsection (a) shall— 

9 (A) in accordance with subsection (c), pre10 pare and submit a management plan for the na11 tional heritage area to the Secretary; 

12 (B) assist Federal agencies, the State or a 

13 political subdivision of the State, Indian tribes, 

14 regional planning organizations, nonprofit orga15 nizations and other interested parties in car16 rying out the approved management plan by— 

17 (i) carrying out programs and projects 

18 that recognize, protect, and enhance im19 portant resource values in the national her20 itage area; 

21 (ii) establishing and maintaining in22 terpretive exhibits and programs in the na23 tional heritage area; 


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1 (iii) developing recreational and edu2 cational opportunities in the national herit3 age area; 

4 (iv) increasing public awareness of, 

5 and appreciation for, natural, historical, 

6 scenic, and cultural resources of the na7 tional heritage area; 

8 (v) protecting and restoring historic 

9 sites and buildings in the national heritage 

10 area that are consistent with national her11 itage area themes; 

12 (vi) ensuring that clear, consistent, 

13 and appropriate signs identifying points of 

14 public access and sites of interest are post15 ed throughout the national heritage area; 

16 and 

17 (vii) promoting a wide range of part18 nerships among the Federal Government, 

19 State, tribal, and local governments, orga20 nizations, and individuals to further the 

21 national heritage area; 

22 (C) consider the interests of diverse units 

23 of government, businesses, organizations, and 

24 individuals in the national heritage area in the 


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1 preparation and implementation of the manage2 ment plan; 

3 (D) conduct meetings open to the public at 

4 least semiannually regarding the development 

5 and implementation of the management plan; 

6 (E) for any year that Federal funds have 

7 been received under this subsection— 

8 (i) submit to the Secretary an annual 

9 report that describes the activities, ex10 penses, and income of the local coordi11 nating entity (including grants to any 

12 other entities during the year that the re13 port is made); 

14 (ii) make available to the Secretary 

15 for audit all records relating to the expend16 iture of the funds and any matching funds; 

17 and 

18 (iii) require, with respect to all agree19 ments authorizing expenditure of Federal 

20 funds by other organizations, that the or21 ganizations receiving the funds make avail22 able to the Secretary for audit all records 

23 concerning the expenditure of the funds; 

24 and 


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1 (F) encourage by appropriate means eco2 nomic viability that is consistent with the na3 tional heritage area. 

4 (3) PROHIBITION ON THE ACQUISITION OF

5 REAL PROPERTY.—The local coordinating entity 

6 shall not use Federal funds made available under 

7 subsection (g) to acquire real property or any inter8 est in real property. 

9 (c) MANAGEMENT PLAN.— 

10 (1) IN GENERAL.—Not later than 3 years after 

11 the date of enactment of this Act, the local coordi12 nating entity for each of the national heritage areas 

13 designated by subsection (a) shall submit to the Sec14 retary for approval a proposed management plan for 

15 the national heritage area. 

16 (2) REQUIREMENTS.—The management plan 

17 shall— 

18 (A) incorporate an integrated and coopera19 tive approach for the protection, enhancement, 

20 and interpretation of the natural, cultural, his21 toric, scenic, and recreational resources of the 

22 national heritage area; 

23 (B) take into consideration Federal, State, 

24 local, and tribal plans and treaty rights; 

25 (C) include— 


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1 (i) an inventory of— 

2 (I) the resources located in the 

3 national heritage area; and 

4 (II) any other property in the na5 tional heritage area that— 

6 (aa) is related to the themes 

7 of the national heritage area; and 

8 (bb) should be preserved, re9 stored, managed, or maintained 

10 because of the significance of the 

11 property; 

12 (ii) comprehensive policies, strategies 

13 and recommendations for conservation, 

14 funding, management, and development of 

15 the national heritage area; 

16 (iii) a description of actions that the 

17 Federal Government, State, tribal, and 

18 local governments, private organizations, 

19 and individuals have agreed to take to pro20 tect the natural, historical, cultural, scenic, 

21 and recreational resources of the national 

22 heritage area; 

23 (iv) a program of implementation for 

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1 nating entity that includes a description 

2 of— 

3 (I) actions to facilitate ongoing 

4 collaboration among partners to pro5 mote plans for resource protection, 

6 restoration, and construction; and 

7 (II) specific commitments for im8 plementation that have been made by 

9 the local coordinating entity or any 

10 government, organization, or indi11 vidual for the first 5 years of oper12 ation; 

13 (v) the identification of sources of 

14 funding for carrying out the management 

15 plan; 

16 (vi) analysis and recommendations for 

17 means by which Federal, State, local, and 

18 tribal programs, including the role of the 

19 National Park Service in the national her20 itage area, may best be coordinated to 

21 carry out this subsection; and 

22 (vii) an interpretive plan for the na23 tional heritage area; and 

24 (D) recommend policies and strategies for 

25 resource management that consider and detail 


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1 the application of appropriate land and water 

2 management techniques, including the develop3 ment of intergovernmental and interagency co4 operative agreements to protect the natural, 

5 historical, cultural, educational, scenic, and rec6 reational resources of the national heritage 

7 area. 

8 (3) DEADLINE.—If a proposed management 

9 plan is not submitted to the Secretary by the date 

10 that is 3 years after the date of enactment of this 

11 Act, the local coordinating entity shall be ineligible 

12 to receive additional funding under this section until 

13 the date on which the Secretary receives and ap14 proves the management plan. 

15 (4) APPROVAL OR DISAPPROVAL OF MANAGE16 MENT PLAN.— 

17 (A) IN GENERAL.—Not later than 180 

18 days after the date of receipt of the manage19 ment plan under paragraph (1), the Secretary, 

20 in consultation with State and tribal govern21 ments, shall approve or disapprove the manage22 ment plan. 

23 (B) CRITERIA FOR APPROVAL.—In deter24 mining whether to approve the management 

25 plan, the Secretary shall consider whether— 


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1 (i) the local coordinating entity is rep2 resentative of the diverse interests of the 

3 national heritage area, including Federal, 

4 State, tribal, and local governments, nat5 ural and historic resource protection orga6 nizations, educational institutions, busi7 nesses, and recreational organizations; 

8 (ii) the local coordinating entity has 

9 afforded adequate opportunity, including 

10 public hearings, for public and govern11 mental involvement in the preparation of 

12 the management plan; and 

13 (iii) the resource protection and inter14 pretation strategies contained in the man15 agement plan, if implemented, would ade16 quately protect the natural, historical, and 

17 cultural resources of the national heritage 

18 area. 

19 (C) ACTION FOLLOWING DISAPPROVAL.—If 

20 the Secretary disapproves the management plan 

21 under subparagraph (A), the Secretary shall— 

22 (i) advise the local coordinating entity 

23 in writing of the reasons for the dis24 approval; 


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1 (ii) make recommendations for revi2 sions to the management plan; and 

3 (iii) not later than 180 days after the 

4 receipt of any proposed revision of the 

5 management plan from the local coordi6 nating entity, approve or disapprove the 

7 proposed revision. 

8 (D) AMENDMENTS.— 

9 (i) IN GENERAL.—The Secretary shall 

10 approve or disapprove each amendment to 

11 the management plan that the Secretary 

12 determines make a substantial change to 

13 the management plan. 

14 (ii) USE OF FUNDS.—The local co15 ordinating entity shall not use Federal 

16 funds authorized by this subsection to 

17 carry out any amendments to the manage18 ment plan until the Secretary has approved 

19 the amendments. 

20 (d) RELATIONSHIP TO OTHER FEDERAL AGEN21 CIES.— 

22 (1) IN GENERAL.—Nothing in this section af23 fects the authority of a Federal agency to provide 

24 technical or financial assistance under any other law. 


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1 (2) CONSULTATION AND COORDINATION.—The 

2 head of any Federal agency planning to conduct ac3 tivities that may have an impact on a national herit4 age area designated by subsection (a) is encouraged 

5 to consult and coordinate the activities with the Sec6 retary and the local coordinating entity to the max7 imum extent practicable. 

8 (3) OTHER FEDERAL AGENCIES.—Nothing in 

9 this section— 

10 (A) modifies, alters, or amends any law or 

11 regulation authorizing a Federal agency to 

12 manage Federal land under the jurisdiction of 

13 the Federal agency; 

14 (B) limits the discretion of a Federal land 

15 manager to implement an approved land use 

16 plan within the boundaries of a national herit17 age area designated by subsection (a); or 

18 (C) modifies, alters, or amends any author19 ized use of Federal land under the jurisdiction 

20 of a Federal agency. 

21 (e) PRIVATE PROPERTY AND REGULATORY PROTEC22 TIONS.—Nothing in this section— 

23 (1) abridges the rights of any property owner 

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1 gram, or activity conducted within a national herit2 age area designated by subsection (a); 

3 (2) requires any property owner— 

4 (A) to permit public access (including ac5 cess by Federal, State, or local agencies) to the 

6 property of the property owner; or 

7 (B) to modify public access or use of prop8 erty of the property owner under any other 

9 Federal, State, or local law; 

10 (3) alters any duly adopted land use regulation, 

11 approved land use plan, or other regulatory author12 ity of any Federal, State, tribal, or local agency, 

13 (4) conveys any land use or other regulatory 

14 authority to the local coordinating entity; 

15 (5) authorizes or implies the reservation or ap16 propriation of water or water rights; 

17 (6) enlarges or diminishes the treaty rights of 

18 any Indian tribe within the national heritage area; 

19 (7) diminishes— 

20 (A) the authority of the State to manage 

21 fish and wildlife, including the regulation of 

22 fishing and hunting within a national heritage 

23 area designated by subsection (a); or 

24 (B) the authority of Indian tribes to regu25 late members of Indian tribes with respect to 


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1 fishing, hunting, and gathering in the exercise 

2 of treaty rights; or 

3 (8) creates any liability, or affects any liability 

4 under any other law, of any private property owner 

5 with respect to any person injured on the private 

6 property. 

7 (f) EVALUATION AND REPORT.— 

8 (1) IN GENERAL.—For each of the national 

9 heritage areas designated by subsection (a), not later 

10 than 3 years before the date on which authority for 

11 Federal funding terminates for each national herit12 age area, the Secretary shall— 

13 (A) conduct an evaluation of the accom14 plishments of the national heritage area; and 

15 (B) prepare a report in accordance with 

16 paragraph (3). 

17 (2) EVALUATION.—An evaluation conducted 

18 under paragraph (1)(A) shall— 

19 (A) assess the progress of the local man20 agement entity with respect to— 

21 (i) accomplishing the purposes of the 

22 authorizing legislation for the national her23 itage area; and 


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1 (ii) achieving the goals and objectives 

2 of the approved management plan for the 

3 national heritage area; 

4 (B) analyze the investments of the Federal 

5 Government, State, tribal, and local govern6 ments, and private entities in each national her7 itage area to determine the impact of the in8 vestments; and 

9 (C) review the management structure, 

10 partnership relationships, and funding of the 

11 national heritage area for purposes of identi12 fying the critical components for sustainability 

13 of the national heritage area. 

14 (3) REPORT.—Based on the evaluation con15 ducted under paragraph (1)(A), the Secretary shall 

16 submit to the Committee on Energy and Natural 

17 Resources of the Senate and the Committee on Nat18 ural Resources of the House of Representatives a re19 port that includes recommendations for the future 

20 role of the National Park Service, if any, with re21 spect to the national heritage area. 

22 (g) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.—There is authorized to be 

24 appropriated for each national heritage area des25 ignated by subsection (a) to carry out the purposes 


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1 of this section $10,000,000, of which not more than 

2 $1,000,000 may be made available in any fiscal 

3 year. 

4 (2) AVAILABILITY.—Amounts made available 

5 under paragraph (1) shall remain available until ex6 pended. 

7 (3) COST-SHARING REQUIREMENT.— 

8 (A) IN GENERAL.—The Federal share of 

9 the total cost of any activity under this section 

10 shall be not more than 50 percent. 

11 (B) FORM.—The non-Federal contribution 

12 of the total cost of any activity under this sec13 tion may be in the form of in-kind contributions 

14 of goods or services fairly valued. 

15 (4) TERMINATION OF AUTHORITY.—The au16 thority of the Secretary to provide assistance under 

17 this section terminates on the date that is 15 years 

18 after the date of enactment of this Act. 

19 SEC. 7128. ADJUSTMENT OF BOUNDARIES OF LINCOLN NA20 TIONAL HERITAGE AREA. 

21 (a) BOUNDARY ADJUSTMENT.—Section 443(b)(1) of 

22 the Consolidated Natural Resources Act of 2008 (Public 

23 Law 110–229; 122 Stat. 819) is amended— 

24 (1) by inserting ‘‘, Livingston,’’ after ‘‘La25 Salle’’; and 


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1 (2) by inserting ‘‘, the city of Jonesboro in 

2 Union County, and the city of Freeport in Stephen3 son County’’ after ‘‘Woodford counties’’. 

4 (b) MAP.—The Secretary shall update the map re5 ferred to in section 443(b)(2) of the Consolidated Natural 

6 Resources Act of 2008 to reflect the boundary adjustment 

7 made by the amendments in subsection (a) of this section. 

8 SEC. 7129. FINGER LAKES NATIONAL HERITAGE AREA 

9 STUDY. 

10 (a) DEFINITIONS.—In this section: 

11 (1) HERITAGE AREA.—The term ‘‘Heritage 

12 Area’’ means the Finger Lakes National Heritage 

13 Area. 

14 (2) STATE.—The term ‘‘State’’ means the State 

15 of New York. 

16 (3) STUDY AREA.—The term ‘‘study area’’ 

17 means— 

18 (A) the counties in the State of Cayuga, 

19 Chemung, Cortland, Livingston, Monroe, Onon20 daga, Ontario, Schuyler, Seneca, Steuben, 

21 Tioga, Tompkins, Wayne, and Yates; and 

22 (B) any other areas in the State that— 

23 (i) have heritage aspects that are 

24 similar to the areas described in subpara25 graph (A); and 


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1 (ii) are adjacent to, or in the vicinity 

2 of, those areas. 

3 (b) STUDY.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with State and local historic preservation offi6 cers, State and local historical societies, State and 

7 local tourism offices, and other appropriate organi8 zations and governmental agencies, shall conduct a 

9 study to assess the suitability and feasibility of des10 ignating the study area as a National Heritage 

11 Area, to be known as the ‘‘Finger Lakes National 

12 Heritage Area’’. 

13 (2) REQUIREMENTS.—The study shall include 

14 analysis, documentation, and determinations on 

15 whether the study area— 

16 (A) has an assemblage of natural, historic, 

17 and cultural resources that— 

18 (i) represent distinctive aspects of the 

19 heritage of the United States; 

20 (ii) are worthy of recognition, con21 servation, interpretation, and continuing 

22 use; and 

23 (iii) would be best managed— 

24 (I) through partnerships among 

25 public and private entities; and 


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1 (II) by linking diverse and some2 times noncontiguous resources and ac3 tive communities; 

4 (B) reflects traditions, customs, beliefs, 

5 and folklife that are a valuable part of the story 

6 of the United States; 

7 (C) provides outstanding opportunities— 

8 (i) to conserve natural, historic, cul9 tural, or scenic features; and 

10 (ii) for recreation and education; 

11 (D) contains resources that— 

12 (i) are important to any identified 

13 themes of the study area; and 

14 (ii) retain a degree of integrity capa15 ble of supporting interpretation; 

16 (E) includes residents, business interests, 

17 nonprofit organizations, and State and local 

18 governments that— 

19 (i) are involved in the planning of the 

20 Heritage Area; 

21 (ii) have developed a conceptual finan22 cial plan that outlines the roles of all par23 ticipants in the Heritage Area, including 

24 the Federal Government; and 


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1 (iii) have demonstrated support for 

2 the designation of the Heritage Area; 

3 (F) has a potential management entity to 

4 work in partnership with the individuals and 

5 entities described in subparagraph (E) to de6 velop the Heritage Area while encouraging 

7 State and local economic activity; and 

8 (G) has a conceptual boundary map that is 

9 supported by the public. 

10 (c) REPORT.—Not later than 3 years after the date 

11 on which funds are first made available to carry out this 

12 section, the Secretary shall submit to the Committee on 

13 Natural Resources of the House of Representatives and 

14 the Committee on Energy and Natural Resources of the 

15 Senate a report that describes— 

16 (1) the findings of the study under subsection 

17 (b); and 

18 (2) any conclusions and recommendations of the 

19 Secretary. 

20 SEC. 7130. MODIFICATION OF THE SECOND DIVISION ME21 MORIAL. 

22 (a) AUTHORIZATION.—The Second Indianhead Divi23 sion Association, Inc., Scholarship and Memorials Foun24 dation, an organization described in section 501(c)(3) of 

25 the Internal Revenue Code of 1986 and exempt from taxVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ation under section 501(a) of that Code, may place addi2 tional commemorative elements or engravings on the 

3 raised platform or stone work of the existing Second Divi4 sion Memorial located in President’s Park, between 17th 

5 Street Northwest and Constitution Avenue in the District 

6 of Columbia, to further honor the members of the Second 

7 Infantry Division who have given their lives in service to 

8 the United States. 

9 (b) APPLICATION OF COMMEMORATIVE WORKS

10 ACT.—Chapter 89 of title 40, United States Code (com11 monly known as the ‘‘Commemorative Works Act’’), shall 

12 apply to the design and placement of the commemorative 

13 elements or engravings authorized under subsection (a). 

14 (c) FUNDING.—Federal funds may not be used for 

15 modifications of the Second Division Memorial authorized 

16 under subsection (a). 

17 SEC. 7131. FLORISSANT FOSSIL BEDS NATIONAL MONU18 MENT BOUNDARY ADJUSTMENT. 

19 The first section of Public Law 91–60 (83 Stat. 101) 

20 is amended— 

21 (1) by striking ‘‘entitled ‘Proposed Florissant 

22 Fossil Beds National Monument’, numbered NM– 

23 FFB–7100, and dated March 1967, and more par24 ticularly described by metes and bounds in an at25 tachment to that map,’’ and inserting ‘‘entitled 


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1 ‘Florissant Fossil Beds National Monument Pro2 posed Boundary Adjustment’, numbered 171/ 

3 132,544, and dated May 3, 2016,’’; and 

4 (2) by striking ‘‘six thousand acres’’ and insert5 ing ‘‘6,300 acres’’. 

6 SEC. 7132. FORT SCOTT NATIONAL HISTORIC SITE BOUND7 ARY MODIFICATION. 

8 (a) IN GENERAL.—Public Law 95–484 (92 Stat. 

9 1610) is amended— 

10 (1) in the first section— 

11 (A) by inserting ‘‘, by purchase with ap12 propriated funds, or by exchange’’ after ‘‘dona13 tion’’; and 

14 (B) by striking the colon and all that fol15 lows through ‘‘as ‘Lunette Blair’ ’’; and 

16 (2) in section 2— 

17 (A) by striking ‘‘SEC. 2. When’’ and in18 serting the following: 

19 ‘‘SEC. 2. ESTABLISHMENT. 

20 ‘‘(a) IN GENERAL.—When’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(b) BOUNDARY MODIFICATION.—The boundary of 

23 the Fort Scott National Historic Site established under 

24 subsection (a) is modified as generally depicted on the 

25 map referred to as ‘Fort Scott National Historic Site ProVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 posed Boundary Modification’, numbered 471/80,057, and 

2 dated February 2016.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as are nec5 essary to carry out the amendments made by subsection 

6 (a). 

7 SEC. 7133. GULF ISLANDS NATIONAL SEASHORE LAND EX8 CHANGE. 

9 (a) DEFINITIONS.—In this section: 

10 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

11 means the parcel of approximately 1.542 acres of 

12 land that is located within the Gulf Islands National 

13 Seashore in Jackson County, Mississippi, and identi14 fied as ‘‘NPS Exchange Area’’ on the Map. 

15 (2) MAP.—The term ‘‘Map’’ means the map en16 titled ‘‘Gulf Islands National Seashore, Proposed 

17 Land Exchange with VFW, Davis Bayou Area— 

18 Jackson County, MS’’, numbered 635/133309, and 

19 dated June 2016. 

20 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed21 eral land’’ means the parcel of approximately 2.161 

22 acres of land that is located in Jackson County, Mis23 sissippi, and identified as ‘‘VFW Exchange Area’’ on 

24 the Map. 


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1 (4) POST.—The term ‘‘Post’’ means the Vet2 erans of Foreign Wars Post 5699. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary, acting through the Director of the 

5 National Park Service. 

6 (b) AUTHORIZATION.—The Secretary may convey to 

7 the Post all right, title, and interest of the United States 

8 in and to the Federal land in exchange for the conveyance 

9 by the Post to the Secretary of all right, title, and interest 

10 of the Post in and to the non-Federal land. 

11 (c) EQUAL VALUE EXCHANGE.— 

12 (1) IN GENERAL.—The values of the Federal 

13 land and non-Federal land to be exchanged under 

14 this section shall be equal, as determined by an ap15 praisal conducted— 

16 (A) by a qualified and independent ap17 praiser; and 

18 (B) in accordance with nationally recog19 nized appraisal standards. 

20 (2) EQUALIZATION.—If the values of the Fed21 eral land and non-Federal land to be exchanged 

22 under this section are not equal, the values shall be 

23 equalized through— 

24 (A) a cash payment; or 


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1 (B) adjustments to the acreage of the Fed2 eral land or non-Federal land to be exchanged, 

3 as applicable. 

4 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

5 (1) PAYMENT REQUIRED.—As a condition of 

6 the exchange authorized under this section, the Sec7 retary shall require the Post to pay the costs to be 

8 incurred by the Secretary, or to reimburse the Sec9 retary for the costs incurred by the Secretary, to 

10 carry out the exchange, including— 

11 (A) survey costs; 

12 (B) any costs relating to environmental 

13 documentation; and 

14 (C) any other administrative costs relating 

15 to the land exchange. 

16 (2) REFUND.—If the Secretary collects 

17 amounts from the Post under paragraph (1) before 

18 the Secretary incurs the actual costs and the amount 

19 collected by the Secretary exceeds the costs actually 

20 incurred by the Secretary to carry out the land ex21 change under this section, the Secretary shall pro22 vide to the Post a refund of the excess amount paid 

23 by the Post. 

24 (3) TREATMENT OF CERTAIN AMOUNTS RE25 CEIVED.—Amounts received by the Secretary from 


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1 the Post as reimbursement for costs incurred under 

2 paragraph (1) shall be— 

3 (A) credited to the fund or account from 

4 which amounts were used to pay the costs in5 curred by the Secretary in carrying out the land 

6 exchange; 

7 (B) merged with amounts in the fund or 

8 account to which the amounts were credited 

9 under subparagraph (A); and 

10 (C) available for the same purposes as, and 

11 subject to the same conditions and limitations 

12 applicable to, amounts in the fund or account 

13 to which the amounts were credited under sub14 paragraph (A). 

15 (e) DESCRIPTION OF FEDERAL LAND AND NON-FED16 ERAL LAND.—The exact acreage and legal description of 

17 the Federal land and non-Federal land to be exchanged 

18 under this section shall be determined by surveys that are 

19 determined to be satisfactory by the Secretary and the 

20 Post. 

21 (f) CONVEYANCE AGREEMENT.—The exchange of 

22 Federal land and non-Federal land under this section shall 

23 be— 

24 (1) carried out through a quitclaim deed or 

25 other legal instrument; and 


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1 (2) subject to such terms and conditions as are 

2 mutually satisfactory to the Secretary and the Post, 

3 including such additional terms and conditions as 

4 the Secretary considers to be appropriate to protect 

5 the interests of the United States. 

6 (g) VALID EXISTING RIGHTS.—The exchange of Fed7 eral land and non-Federal land authorized under this sec8 tion shall be subject to valid existing rights. 

9 (h) TITLE APPROVAL.—Title to the Federal land and 

10 non-Federal land to be exchanged under this section shall 

11 be in a form acceptable to the Secretary. 

12 (i) TREATMENT OF ACQUIRED LAND.—Any non-Fed13 eral land and interests in non-Federal land acquired by 

14 the United States under this section shall be administered 

15 by the Secretary as part of the Gulf Islands National Sea16 shore. 

17 (j) MODIFICATION OF BOUNDARY.—On completion of 

18 the exchange of Federal land and non-Federal land under 

19 this section, the Secretary shall modify the boundary of 

20 the Gulf Islands National Seashore to reflect the exchange 

21 of Federal land and non-Federal land. 

22 SEC. 7134. STE. GENEVIEVE NATIONAL HISTORICAL PARK. 

23 (a) DEFINITIONS.—In this section: 

24 (1) HISTORIC DISTRICT.—The term ‘‘Historic 

25 District’’ means the Ste. Genevieve Historic District 


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1 National Historic Landmark, as generally depicted 

2 on the Map. 

3 (2) HISTORICAL PARK.—The term ‘‘Historical 

4 Park’’ means the Ste. Genevieve National Historical 

5 Park established by subsection (b). 

6 (3) MAP.—The term ‘‘Map’’ means the map en7 titled ‘‘Ste. Genevieve National Historical Park Pro8 posed Boundary’’, numbered 571/132,626, and 

9 dated May 2016. 

10 (4) SPECIAL RESOURCE STUDY.—The term 

11 ‘‘special resource study’’ means the study entitled 

12 ‘‘Ste. Genevieve Final Special Resources Study and 

13 Environmental Assessment, Missouri’’ and dated 

14 May 2016. 

15 (5) STATE.—The term ‘‘State’’ means the State 

16 of Missouri. 

17 (b) ESTABLISHMENT.— 

18 (1) IN GENERAL.—Subject to paragraph (2), 

19 there is established the Ste. Genevieve National His20 torical Park in the State as a unit of the National 

21 Park System to preserve, protect, and interpret for 

22 the benefit of present and future generations the 

23 themes of French settlement, vernacular architec24 ture, and community form and farming on the fron25 tier associated with Ste. Genevieve. 


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1 (2) CONDITIONS FOR ESTABLISHMENT.—The 

2 Historical Park shall not be established until the 

3 date on which the Secretary determines that— 

4 (A) sufficient land has been acquired for 

5 the Historical Park to constitute a manageable 

6 unit; and 

7 (B) the Secretary has entered into a writ8 ten agreement providing that land owned by the 

9 State, the City of Ste. Genevieve, or other enti10 ty within the Historic District shall be managed 

11 consistent with the purposes of this section. 

12 (c) BOUNDARIES.—The boundaries of the Historical 

13 Park shall be the boundaries generally depicted on the 

14 Map. 

15 (d) AVAILABILITY OF MAP.—The Map shall be on file 

16 and available for public inspection in the appropriate of17 fices of the National Park Service. 

18 (e) ACQUISITION AUTHORITY.— 

19 (1) IN GENERAL.—The Secretary may acquire 

20 any land or interest in land located within the 

21 boundary of the Historical Park or any nationally 

22 significant property identified in the special resource 

23 study within the Historic District by— 

24 (A) donation; 


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1 (B) purchase with donated or appropriated 

2 funds; or 

3 (C) exchange. 

4 (2) BOUNDARY REVISION.—On the acquisition 

5 of any property within the Historic District under 

6 paragraph (1), the Secretary shall revise the bound7 ary of the Historical Park to include the property. 

8 (f) ADMINISTRATION.— 

9 (1) IN GENERAL.—The Secretary shall admin10 ister the Historical Park in accordance with— 

11 (A) this section; and 

12 (B) the laws generally applicable to units 

13 of the National Park System, including— 

14 (i) section 100101(a), chapter 1003, 

15 and sections 100751(a), 100752, 100753, 

16 and 102101 of title 54, United States 

17 Code; and 

18 (ii) chapter 3201 of title 54, United 

19 States Code. 

20 (2) MANAGEMENT PLAN.— 

21 (A) IN GENERAL.—Not later than 3 years 

22 after the date on which funds are made avail23 able to prepare a general management plan for 

24 the Historical Park, the Secretary shall prepare 

25 the general management plan in accordance 


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1 with section 100502 of title 54, United States 

2 Code. 

3 (B) SUBMISSION TO CONGRESS.—On com4 pletion of the general management plan under 

5 subparagraph (A), the Secretary shall submit to 

6 the Committee on Natural Resources of the 

7 House of Representatives and the Committee 

8 on Energy and Natural Resources of the Senate 

9 the general management plan. 

10 (3) RELATED SITES.—The Secretary may pro11 vide interpretative tours and educational programs 

12 at related historic and cultural sites within the His13 toric District associated with the purposes for which 

14 the Historical Park is established. 

15 (g) COOPERATIVE AGREEMENTS.— 

16 (1) IN GENERAL.—The Secretary may provide 

17 technical assistance and enter into cooperative 

18 agreements with the owner of a nationally signifi19 cant property within the Historical Park or the His20 toric District, to identify, mark, interpret, improve, 

21 and restore the property. 

22 (2) RIGHT OF ACCESS.—A cooperative agree23 ment entered into under paragraph (1) shall provide 

24 that the Secretary, acting through the Director of 

25 the National Park Service, shall have the right of 


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1 access at all reasonable times to all public portions 

2 of the property covered by the agreement for the 

3 purposes of— 

4 (A) conducting visitors through the prop5 erty; and 

6 (B) interpreting the property for the pub7 lic. 

8 (3) COST-SHARING REQUIREMENT.— 

9 (A) FEDERAL SHARE.—The Federal share 

10 of the total cost of any activity carried out 

11 under a cooperative agreement entered into 

12 under this subsection shall be not more than 50 

13 percent. 

14 (B) FORM OF NON-FEDERAL SHARE.—The 

15 non-Federal share of an activity carried out 

16 under a cooperative agreement entered into 

17 under this subsection may be in the form of do18 nated property, goods, or services fairly valued. 

19 (4) CHANGES OR ALTERATIONS.—No changes 

20 or alterations shall be made to any property or 

21 project covered by a cooperative agreement entered 

22 into under paragraph (1) unless the Secretary and 

23 the other party to the agreement agree to the 

24 changes or alterations. 


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1 (5) CONVERSION, USE, OR DISPOSAL.—Any 

2 payment by the Secretary under this subsection shall 

3 be subject to an agreement that the conversion, use, 

4 or disposal of a property or project for purposes con5 trary to the purposes of this section, as determined 

6 by the Secretary, shall entitle the United States to 

7 reimbursement in any amount equal to the greater 

8 of— 

9 (A) the amounts made available to the 

10 property or project by the United States; or 

11 (B) the portion of the increased value of 

12 the property or project attributable to the 

13 amounts made available under this subsection, 

14 as determined at the time of the conversion, 

15 use, or disposal. 

16 (h) LIMITED ROLE OF THE SECRETARY.—Nothing in 

17 this section authorizes the Secretary to assume overall fi18 nancial responsibility for the operation, maintenance, or 

19 management of the Historic District. 

20 SEC. 7135. BOWS IN PARKS. 

21 (a) IN GENERAL.—Chapter 1049 of title 54, United 

22 States Code (as amended by section 5101(a)), is amended 

23 by adding at the end the following: 


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1 ‘‘§ 104909. Bows in parks 

2 ‘‘(a) DEFINITION OF NOT READY FOR IMMEDIATE

3 USE.—The term ‘not ready for immediate use’ means— 

4 ‘‘(1) a bow or crossbow, the arrows of which are 

5 secured or stowed in a quiver or other arrow trans6 port case; and 

7 ‘‘(2) with respect to a crossbow, uncocked. 

8 ‘‘(b) VEHICULAR TRANSPORTATION AUTHORIZED.— 

9 The Director shall not promulgate or enforce any regula10 tion that prohibits an individual from transporting bows 

11 and crossbows that are not ready for immediate use across 

12 any System unit in the vehicle of the individual if— 

13 ‘‘(1) the individual is not otherwise prohibited 

14 by law from possessing the bows and crossbows; 

15 ‘‘(2) the bows or crossbows that are not ready 

16 for immediate use remain inside the vehicle of the 

17 individual throughout the period during which the 

18 bows or crossbows are transported across System 

19 land; and 

20 ‘‘(3) the possession of the bows and crossbows 

21 is in compliance with the law of the State in which 

22 the System unit is located.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 for chapter 1049 of title 54, United States Code (as 


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1 amended by section 5101(b)), is amended by inserting 

2 after the item relating to section 104908 the following: 

‘‘104909. Bows in parks.’’. 

3 SEC. 7136. WILDLIFE MANAGEMENT IN PARKS. 

4 (a) IN GENERAL.—Chapter 1049 of title 54, United 

5 States Code (as amended by section 7135(a)), is amended 

6 by adding at the end the following: 

7 ‘‘§ 104910. Wildlife management in parks 

8 ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the Sec9 retary determines it is necessary to reduce the size of a 

10 wildlife population on System land in accordance with ap11 plicable law (including regulations), the Secretary may use 

12 qualified volunteers to assist in carrying out wildlife man13 agement on System land. 

14 ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN15 TEERS.—Qualified volunteers providing assistance under 

16 subsection (a) shall be subject to— 

17 ‘‘(1) any training requirements or qualifications 

18 established by the Secretary; and 

19 ‘‘(2) any other terms and conditions that the 

20 Secretary may require. 

21 ‘‘(c) DONATIONS.—The Secretary may authorize the 

22 donation and distribution of meat from wildlife manage23 ment activities carried out under this section, including 

24 the donation and distribution to Indian tribes, qualified 

25 volunteers, food banks, and other organizations that work 


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1 to address hunger, in accordance with applicable health 

2 guidelines and such terms and conditions as the Secretary 

3 may require.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 for chapter 1049 of title 54 (as amended by section 

6 7135(b)), United States Code, is amended by inserting 

7 after the item relating to section 104909 the following: 

‘‘104910. Wildlife management in parks.’’. 

8 TITLE VIII—SPORTSMEN’S 

9 ACCESS AND RELATED MATTERS 

10 Subtitle A—National Policy 

11 SEC. 8001. CONGRESSIONAL DECLARATION OF NATIONAL 

12 POLICY. 

13 (a) IN GENERAL.—Congress declares that it is the 

14 policy of the United States that Federal departments and 

15 agencies, in accordance with the missions of the depart16 ments and agencies, Executive Orders 12962 and 13443 

17 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 

18 (August 16, 2007)), and applicable law, shall— 

19 (1) facilitate the expansion and enhancement of 

20 hunting, fishing, and recreational shooting opportu21 nities on Federal land, in consultation with the 

22 Wildlife and Hunting Heritage Conservation Coun23 cil, the Sport Fishing and Boating Partnership 

24 Council, State and tribal fish and wildlife agencies, 

25 and the public; 


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1 (2) conserve and enhance aquatic systems and 

2 the management of game species and the habitat of 

3 those species on Federal land, including through 

4 hunting and fishing, in a manner that respects— 

5 (A) State management authority over wild6 life resources; and 

7 (B) private property rights; and 

8 (3) consider hunting, fishing, and recreational 

9 shooting opportunities as part of all Federal plans 

10 for land, resource, and travel management. 

11 (b) EXCLUSION.—In this title, the term ‘‘fishing’’ 

12 does not include commercial fishing in which fish are har13 vested, either in whole or in part, that are intended to 

14 enter commerce through sale. 

15 Subtitle B—Sportsmen’s Access to 

16 Federal Land 

17 SEC. 8101. DEFINITIONS. 

18 In this subtitle: 

19 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

20 means— 

21 (A) any land in the National Forest Sys22 tem (as defined in section 11(a) of the Forest 

23 and Rangeland Renewable Resources Planning 

24 Act of 1974 (16 U.S.C. 1609(a))) that is ad25 ministered by the Secretary of Agriculture, actVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ing through the Chief of the Forest Service; 

2 and 

3 (B) public lands (as defined in section 103 

4 of the Federal Land Policy and Management 

5 Act of 1976 (43 U.S.C. 1702)), the surface of 

6 which is administered by the Secretary, acting 

7 through the Director of the Bureau of Land 

8 Management. 

9 (2) SECRETARY CONCERNED.—The term ‘‘Sec10 retary concerned’’ means— 

11 (A) the Secretary of Agriculture, with re12 spect to land described in paragraph (1)(A); 

13 and 

14 (B) the Secretary, with respect to land de15 scribed in paragraph (1)(B). 

16 SEC. 8102. FEDERAL LAND OPEN TO HUNTING, FISHING, 

17 AND RECREATIONAL SHOOTING. 

18 (a) IN GENERAL.—Subject to subsection (b), Federal 

19 land shall be open to hunting, fishing, and recreational 

20 shooting, in accordance with applicable law, unless the 

21 Secretary concerned closes an area in accordance with sec22 tion 8103. 

23 (b) EFFECT OF PART.—Nothing in this subtitle 

24 opens to hunting, fishing, or recreational shooting any 


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1 land that is not open to those activities as of the date 

2 of enactment of this Act. 

3 SEC. 8103. CLOSURE OF FEDERAL LAND TO HUNTING, FISH4 ING, AND RECREATIONAL SHOOTING. 

5 (a) AUTHORIZATION.— 

6 (1) IN GENERAL.—Subject to paragraph (2) 

7 and in accordance with section 302(b) of the Federal 

8 Land Policy and Management Act of 1976 (43 

9 U.S.C. 1732(b)), the Secretary concerned may des10 ignate any area on Federal land in which, and estab11 lish any period during which, for reasons of public 

12 safety, administration, or compliance with applicable 

13 laws, no hunting, fishing, or recreational shooting 

14 shall be permitted. 

15 (2) REQUIREMENT.—In making a designation 

16 under paragraph (1), the Secretary concerned shall 

17 designate the smallest area for the least amount of 

18 time that is required for public safety, administra19 tion, or compliance with applicable laws. 

20 (b) CLOSURE PROCEDURES.— 

21 (1) IN GENERAL.—Except in an emergency, be22 fore permanently or temporarily closing any Federal 

23 land to hunting, fishing, or recreational shooting, 

24 the Secretary concerned shall— 


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1 (A) consult with State fish and wildlife 

2 agencies; and 

3 (B) provide public notice and opportunity 

4 for comment under paragraph (2). 

5 (2) PUBLIC NOTICE AND COMMENT.— 

6 (A) IN GENERAL.—Public notice and com7 ment shall include— 

8 (i) a notice of intent— 

9 (I) published in advance of the 

10 public comment period for the clo11 sure— 

12 (aa) in the Federal Register; 

13 (bb) on the website of the 

14 applicable Federal agency; 

15 (cc) on the website of the 

16 Federal land unit, if available; 

17 and 

18 (dd) in at least 1 local news19 paper; 

20 (II) made available in advance of 

21 the public comment period to local of22 fices, chapters, and affiliate organiza23 tions in the vicinity of the closure that 

24 are signatories to the memorandum of 

25 understanding entitled ‘‘Federal 


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1 Lands Hunting, Fishing, and Shoot2 ing Sports Roundtable Memorandum 

3 of Understanding’’; and 

4 (III) that describes— 

5 (aa) the proposed closure; 

6 and 

7 (bb) the justification for the 

8 proposed closure, including an 

9 explanation of the reasons and 

10 necessity for the decision to close 

11 the area to hunting, fishing, or 

12 recreational shooting; and 

13 (ii) an opportunity for public comment 

14 for a period of— 

15 (I) not less than 60 days for a 

16 permanent closure; or 

17 (II) not less than 30 days for a 

18 temporary closure. 

19 (B) FINAL DECISION.—In a final decision 

20 to permanently or temporarily close an area to 

21 hunting, fishing, or recreation shooting, the 

22 Secretary concerned shall— 

23 (i) respond in a reasoned manner to 

24 the comments received; 


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1 (ii) explain how the Secretary con2 cerned resolved any significant issues 

3 raised by the comments; and 

4 (iii) show how the resolution led to 

5 the closure. 

6 (c) TEMPORARY CLOSURES.— 

7 (1) IN GENERAL.—A temporary closure under 

8 this section may not exceed a period of 180 days. 

9 (2) RENEWAL.—Except in an emergency, a 

10 temporary closure for the same area of land closed 

11 to the same activities— 

12 (A) may not be renewed more than 3 times 

13 after the first temporary closure; and 

14 (B) must be subject to a separate notice 

15 and comment procedure in accordance with sub16 section (b)(2). 

17 (3) EFFECT OF TEMPORARY CLOSURE.—Any 

18 Federal land that is temporarily closed to hunting, 

19 fishing, or recreational shooting under this section 

20 shall not become permanently closed to that activity 

21 without a separate public notice and opportunity to 

22 comment in accordance with subsection (b)(2). 

23 (d) REPORTING.—On an annual basis, the Secre24 taries concerned shall— 


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1 (1) publish on a public website a list of all 

2 areas of Federal land temporarily or permanently 

3 subject to a closure under this section; and 

4 (2) submit to the Committee on Energy and 

5 Natural Resources and the Committee on Agri6 culture, Nutrition, and Forestry of the Senate and 

7 the Committee on Natural Resources and the Com8 mittee on Agriculture of the House of Representa9 tives a report that identifies— 

10 (A) a list of each area of Federal land tem11 porarily or permanently subject to a closure; 

12 (B) the acreage of each closure; and 

13 (C) a survey of— 

14 (i) the aggregate areas and acreage 

15 closed under this section in each State; 

16 and 

17 (ii) the percentage of Federal land in 

18 each State closed under this section with 

19 respect to hunting, fishing, and rec20 reational shooting. 

21 (e) APPLICATION.—This section shall not apply if the 

22 closure is— 

23 (1) less than 14 days in duration; and 

24 (2) covered by a special use permit. 


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1 SEC. 8104. SHOOTING RANGES. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), the Secretary concerned may, in accordance with this 

4 section and other applicable law, lease or permit the use 

5 of Federal land for a shooting range. 

6 (b) EXCEPTION.—The Secretary concerned shall not 

7 lease or permit the use of Federal land for a shooting 

8 range, within— 

9 (1) a component of the National Landscape 

10 Conservation System; 

11 (2) a component of the National Wilderness 

12 Preservation System; 

13 (3) any area that is— 

14 (A) designated as a wilderness study area; 

15 (B) administratively classified as— 

16 (i) wilderness-eligible; or 

17 (ii) wilderness-suitable; or 

18 (C) a primitive or semiprimitive area; 

19 (4) a national monument, national volcanic 

20 monument, or national scenic area; or 

21 (5) a component of the National Wild and Sce22 nic Rivers System (including areas designated for 

23 study for potential addition to the National Wild 

24 and Scenic Rivers System). 


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1 SEC. 8105. FEDERAL ACTION TRANSPARENCY. 

2 (a) MODIFICATION OF EQUAL ACCESS TO JUSTICE

3 PROVISIONS.— 

4 (1) AGENCY PROCEEDINGS.—Section 504 of 

5 title 5, United States Code, is amended— 

6 (A) in subsection (c)(1), by striking ‘‘, 

7 United States Code’’; 

8 (B) by redesignating subsection (f) as sub9 section (i); and 

10 (C) by striking subsection (e) and inserting 

11 the following: 

12 ‘‘(e)(1) Not later than March 31 of the first fiscal 

13 year beginning after the date of enactment of the Energy 

14 and Natural Resources Act of 2017, and every fiscal year 

15 thereafter, the Chairman of the Administrative Conference 

16 of the United States, after consultation with the Chief 

17 Counsel for Advocacy of the Small Business Administra18 tion, shall submit to Congress and make publicly available 

19 online a report on the amount of fees and other expenses 

20 awarded during the preceding fiscal year under this sec21 tion. 

22 ‘‘(2) Each report under paragraph (1) shall describe 

23 the number, nature, and amount of the awards, the claims 

24 involved in the controversy, and any other relevant infor25 mation that may aid Congress in evaluating the scope and 

26 impact of such awards. 


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1 ‘‘(3)(A) Each report under paragraph (1) shall ac2 count for all payments of fees and other expenses awarded 

3 under this section that are made pursuant to a settlement 

4 agreement, regardless of whether the settlement agree5 ment is sealed or otherwise subject to a nondisclosure pro6 vision. 

7 ‘‘(B) The disclosure of fees and other expenses re8 quired under subparagraph (A) shall not affect any other 

9 information that is subject to a nondisclosure provision in 

10 a settlement agreement. 

11 ‘‘(f) As soon as practicable, and in any event not later 

12 than the date on which the first report under subsection 

13 (e)(1) is required to be submitted, the Chairman of the 

14 Administrative Conference of the United States shall cre15 ate and maintain online a searchable database containing, 

16 with respect to each award of fees and other expenses 

17 under this section made on or after the date of enactment 

18 of the Energy and Natural Resources Act of 2017, the 

19 following information: 

20 ‘‘(1) The case name and number of the adver21 sary adjudication, if available, hyperlinked to the 

22 case, if available. 

23 ‘‘(2) The name of the agency involved in the 

24 adversary adjudication. 


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1 ‘‘(3) A description of the claims in the adver2 sary adjudication. 

3 ‘‘(4) The name of each party to whom the 

4 award was made as such party is identified in the 

5 order or other court document making the award. 

6 ‘‘(5) The amount of the award. 

7 ‘‘(6) The basis for the finding that the position 

8 of the agency concerned was not substantially justi9 fied. 

10 ‘‘(g) The online searchable database described in sub11 section (f) may not reveal any information the disclosure 

12 of which is prohibited by law or a court order. 

13 ‘‘(h) The head of each agency shall provide to the 

14 Chairman of the Administrative Conference of the United 

15 States in a timely manner all information requested by 

16 the Chairman to comply with the requirements of sub17 sections (e), (f), and (g).’’. 

18 (2) COURT CASES.—Section 2412(d) of title 28, 

19 United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘(5)(A) Not later than March 31 of the first fiscal 

22 year beginning after the date of enactment of the Energy 

23 and Natural Resources Act of 2017, and every fiscal year 

24 thereafter, the Chairman of the Administrative Conference 

25 of the United States shall submit to Congress and make 


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1 publicly available online a report on the amount of fees 

2 and other expenses awarded during the preceding fiscal 

3 year pursuant to this subsection. 

4 ‘‘(B) Each report under subparagraph (A) shall de5 scribe the number, nature, and amount of the awards, the 

6 claims involved in the controversy, and any other relevant 

7 information that may aid Congress in evaluating the scope 

8 and impact of such awards. 

9 ‘‘(C)(i) Each report under subparagraph (A) shall ac10 count for all payments of fees and other expenses awarded 

11 under this subsection that are made pursuant to a settle12 ment agreement, regardless of whether the settlement 

13 agreement is sealed or otherwise subject to a nondisclosure 

14 provision. 

15 ‘‘(ii) The disclosure of fees and other expenses re16 quired under clause (i) shall not affect any other informa17 tion that is subject to a nondisclosure provision in a settle18 ment agreement. 

19 ‘‘(D) The Chairman of the Administrative Conference 

20 of the United States shall include and clearly identify in 

21 each annual report under subparagraph (A), for each case 

22 in which an award of fees and other expenses is included 

23 in the report— 

24 ‘‘(i) any amounts paid under section 1304 of 

25 title 31 for a judgment in the case; 


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1 ‘‘(ii) the amount of the award of fees and other 

2 expenses; and 

3 ‘‘(iii) the statute under which the plaintiff filed 

4 suit. 

5 ‘‘(6) As soon as practicable, and in any event not 

6 later than the date on which the first report under para7 graph (5)(A) is required to be submitted, the Chairman 

8 of the Administrative Conference of the United States 

9 shall create and maintain online a searchable database 

10 containing, with respect to each award of fees and other 

11 expenses under this subsection made on or after the date 

12 of enactment of the Energy and Natural Resources Act 

13 of 2017, the following information: 

14 ‘‘(A) The case name and number, hyperlinked 

15 to the case, if available. 

16 ‘‘(B) The name of the agency involved in the 

17 case. 

18 ‘‘(C) The name of each party to whom the 

19 award was made as such party is identified in the 

20 order or other court document making the award. 

21 ‘‘(D) A description of the claims in the case. 

22 ‘‘(E) The amount of the award. 

23 ‘‘(F) The basis for the finding that the position 

24 of the agency concerned was not substantially justi25 fied. 


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1 ‘‘(7) The online searchable database described in 

2 paragraph (6) may not reveal any information the disclo3 sure of which is prohibited by law or a court order. 

4 ‘‘(8) The head of each agency (including the Attorney 

5 General of the United States) shall provide to the Chair6 man of the Administrative Conference of the United 

7 States in a timely manner all information requested by 

8 the Chairman to comply with the requirements of para9 graphs (5), (6), and (7).’’. 

10 (3) TECHNICAL AND CONFORMING AMEND11 MENTS.—Section 2412 of title 28, United States 

12 Code, is amended— 

13 (A) in subsection (d)(3), by striking 

14 ‘‘United States Code,’’; and 

15 (B) in subsection (e)— 

16 (i) by striking ‘‘of section 2412 of 

17 title 28, United States Code,’’ and insert18 ing ‘‘of this section’’; and 

19 (ii) by striking ‘‘of such title’’ and in20 serting ‘‘of this title’’. 

21 (b) JUDGMENT FUND TRANSPARENCY.—Section 

22 1304 of title 31, United States Code, is amended by add23 ing at the end the following: 

24 ‘‘(d) Beginning not later than the date that is 60 

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1 ural Resources Act of 2017, and unless the disclosure of 

2 such information is otherwise prohibited by law or a court 

3 order, the Secretary of the Treasury shall make available 

4 to the public on a website, as soon as practicable, but not 

5 later than 30 days after the date on which a payment 

6 under this section is tendered, the following information 

7 with regard to that payment: 

8 ‘‘(1) The name of the specific agency or entity 

9 whose actions gave rise to the claim or judgment. 

10 ‘‘(2) The name of the plaintiff or claimant. 

11 ‘‘(3) The name of counsel for the plaintiff or 

12 claimant. 

13 ‘‘(4) The amount paid representing principal li14 ability, and any amounts paid representing any an15 cillary liability, including attorney fees, costs, and 

16 interest. 

17 ‘‘(5) A brief description of the facts that gave 

18 rise to the claim. 

19 ‘‘(6) The name of the agency that submitted 

20 the claim.’’. 

21 SEC. 8106. IDENTIFYING OPPORTUNITIES FOR RECRE22 ATION, HUNTING, AND FISHING ON FEDERAL 

23 LAND. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) SECRETARY.—The term ‘‘Secretary’’ 

2 means— 

3 (A) the Secretary, with respect to land ad4 ministered by— 

5 (i) the Director of the National Park 

6 Service; 

7 (ii) the Director of the United States 

8 Fish and Wildlife Service; and 

9 (iii) the Director of the Bureau of 

10 Land Management; and 

11 (B) the Secretary of Agriculture, with re12 spect to land administered by the Chief of the 

13 Forest Service. 

14 (2) STATE OR REGIONAL OFFICE.—The term 

15 ‘‘State or regional office’’ means— 

16 (A) a State office of the Bureau of Land 

17 Management; or 

18 (B) a regional office of— 

19 (i) the National Park Service; 

20 (ii) the United States Fish and Wild21 life Service; or 

22 (iii) the Forest Service. 

23 (3) TRAVEL MANAGEMENT PLAN.—The term 

24 ‘‘travel management plan’’ means a plan for the 

25 management of travel— 


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1 (A) with respect to land under the jurisdic2 tion of the National Park Service, on park 

3 roads and designated routes under section 4.10 

4 of title 36, Code of Federal Regulations (or suc5 cessor regulations); 

6 (B) with respect to land under the jurisdic7 tion of the United States Fish and Wildlife 

8 Service, on the land under a comprehensive con9 servation plan prepared under section 4(e) of 

10 the National Wildlife Refuge System Adminis11 tration Act of 1966 (16 U.S.C. 668dd(e)); 

12 (C) with respect to land under the jurisdic13 tion of the Forest Service, on National Forest 

14 System land under part 212 of title 36, Code 

15 of Federal Regulations (or successor regula16 tions); and 

17 (D) with respect to land under the jurisdic18 tion of the Bureau of Land Management, under 

19 a resource management plan developed under 

20 the Federal Land Policy and Management Act 

21 of 1976 (43 U.S.C. 1701 et seq.). 

22 (b) PRIORITY LISTS REQUIRED.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, and biennially 

25 thereafter during the 10-year period beginning on 


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1 the date on which the first priority list is completed, 

2 the Secretary shall prepare a priority list, to be 

3 made publicly available on the website of the appli4 cable Federal agency referred to in subsection 

5 (a)(1), which shall identify the location and acreage 

6 of land within the jurisdiction of each State or re7 gional office on which the public is allowed, under 

8 Federal or State law, to hunt, fish, or use the land 

9 for other recreational purposes but— 

10 (A) to which there is no public access or 

11 egress; or 

12 (B) to which public access or egress to the 

13 legal boundaries of the land is significantly re14 stricted (as determined by the Secretary). 

15 (2) MINIMUM SIZE.—Any land identified under 

16 paragraph (1) shall consist of contiguous acreage of 

17 at least 640 acres. 

18 (3) CONSIDERATIONS.—In preparing the pri19 ority list required under paragraph (1), the Sec20 retary shall consider with respect to the land— 

21 (A) whether access is absent or merely re22 stricted, including the extent of the restriction; 

23 (B) the likelihood of resolving the absence 

24 of or restriction to public access; 

25 (C) the potential for recreational use; 


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1 (D) any information received from the 

2 public or other stakeholders during the nomina3 tion process described in paragraph (5); and 

4 (E) any other factor as determined by the 

5 Secretary. 

6 (4) ADJACENT LAND STATUS.—For each parcel 

7 of land on the priority list, the Secretary shall in8 clude in the priority list whether resolving the issue 

9 of public access or egress to the land would require 

10 acquisition of an easement, right-of-way, or fee title 

11 from— 

12 (A) another Federal agency; 

13 (B) a State, local, or tribal government; or 

14 (C) a private landowner. 

15 (5) NOMINATION PROCESS.—In preparing a pri16 ority list under this section, the Secretary shall pro17 vide an opportunity for members of the public to 

18 nominate parcels for inclusion on the priority list. 

19 (c) ACCESS OPTIONS.—With respect to land included 

20 on a priority list described in subsection (b), the Secretary 

21 shall develop and submit to the Committees on Appropria22 tions and Energy and Natural Resources of the Senate 

23 and the Committees on Appropriations and Natural Re24 sources of the House of Representatives a report on op25 tions for providing access that— 


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1 (1) identifies how public access and egress 

2 could reasonably be provided to the legal boundaries 

3 of the land in a manner that minimizes the impact 

4 on wildlife habitat and water quality; 

5 (2) specifies the steps recommended to secure 

6 the access and egress, including acquiring an ease7 ment, right-of-way, or fee title from a willing owner 

8 of any land that abuts the land or the need to co9 ordinate with State land management agencies or 

10 other Federal, State, or tribal governments to allow 

11 for such access and egress; and 

12 (3) is consistent with the travel management 

13 plan in effect on the land. 

14 (d) PROTECTION OF PERSONALLY IDENTIFYING IN15 FORMATION.—In making the priority list and report pre16 pared under subsections (b) and (c) available, the Sec17 retary shall ensure that no personally identifying informa18 tion is included, such as names or addresses of individuals 

19 or entities. 

20 (e) WILLING OWNERS.—For purposes of providing 

21 any permits to, or entering into agreements with, a State, 

22 local, or tribal government or private landowner with re23 spect to the use of land under the jurisdiction of the gov24 ernment or landowner, the Secretary shall not take into 

25 account whether the State, local, or tribal government or 


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1 private landowner has granted or denied public access or 

2 egress to the land. 

3 (f) MEANS OF PUBLIC ACCESS AND EGRESS IN4 CLUDED.—In considering public access and egress under 

5 subsections (b) and (c), the Secretary shall consider public 

6 access and egress to the legal boundaries of the land de7 scribed in those subsections, including access and egress— 

8 (1) by motorized or non-motorized vehicles; and 

9 (2) on foot or horseback. 

10 (g) EFFECT.— 

11 (1) IN GENERAL.—This section shall have no 

12 effect on whether a particular recreational use shall 

13 be allowed on the land included in a priority list 

14 under this section. 

15 (2) EFFECT OF ALLOWABLE USES ON AGENCY

16 CONSIDERATION.—In preparing the priority list 

17 under subsection (b), the Secretary shall only con18 sider recreational uses that are allowed on the land 

19 at the time that the priority list is prepared. 

20 SEC. 8107. FIREARMS AT WATER RESOURCE DEVELOPMENT 

21 PROJECTS. 

22 The Secretary of the Army shall not promulgate or 

23 enforce any regulation that prohibits an individual from 

24 possessing a firearm, including an assembled or functional 

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1 eral facility as defined in section 930(g) or title 18, United 

2 States Code) at a water resources development project 

3 covered under section 327.0 of title 36, Code of Federal 

4 Regulations (as in effect on the date of enactment of this 

5 Act), if— 

6 (1) the individual is not otherwise prohibited 

7 from possessing the firearm; and 

8 (2) the possession of the firearm is in compli9 ance with the law of the State in which the water 

10 resources development project is located. 

11 Subtitle C—Federal Land 

12 Transaction Facilitation Act 

13 SEC. 8201. AMENDMENTS TO THE FEDERAL LAND TRANS14 ACTION FACILITATION ACT. 

15 (a) IN GENERAL.—The Federal Land Transaction 

16 Facilitation Act (43 U.S.C. 2301 et seq.) is amended— 

17 (1) in section 203(2) (43 U.S.C. 2302(2)), in 

18 the matter preceding subparagraph (A), by striking 

19 ‘‘on the date of enactment of this Act was’’ and in20 serting ‘‘is’’; 

21 (2) in section 205 (43 U.S.C. 2304)— 

22 (A) in subsection (a), by striking ‘‘(as in 

23 effect on the date of enactment of this Act)’’; 

24 and 

25 (B) by striking subsection (d); 


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1 (3) in section 206 (43 U.S.C. 2305), by striking 

2 subsection (f); and 

3 (4) in section 207(b) (43 U.S.C. 2306(b))— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘96–568’’ and insert6 ing ‘‘96–586’’; and 

7 (ii) by striking ‘‘or’’ at the end; 

8 (B) in paragraph (2)— 

9 (i) by inserting ‘‘Public Law 105– 

10 263;’’ before ‘‘112 Stat.’’; and 

11 (ii) by striking the period at the end 

12 and inserting a semicolon; and 

13 (C) by adding at the end the following: 

14 ‘‘(3) the White Pine County Conservation, 

15 Recreation, and Development Act of 2006 (Public 

16 Law 109–432; 120 Stat. 3028); 

17 ‘‘(4) the Lincoln County Conservation, Recre18 ation, and Development Act of 2004 (Public Law 

19 108–424; 118 Stat. 2403); 

20 ‘‘(5) subtitle F of title I of the Omnibus Public 

21 Land Management Act of 2009 (Public Law 111– 

22 11; 123 Stat. 1032); 

23 ‘‘(6) subtitle O of title I of the Omnibus Public 

24 Land Management Act of 2009 (Public Law 111– 

25 11; 123 Stat. 1075); 


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1 ‘‘(7) section 2601 of the Omnibus Public Land 

2 Management Act of 2009 (Public Law 111–11; 123 

3 Stat. 1108); or 

4 ‘‘(8) section 2606 of the Omnibus Public Land 

5 Management Act of 2009 (Public Law 111–11; 123 

6 Stat. 1121).’’. 

7 (b) TRANSFER OF FUNDS TO TREASURY.—Of the 

8 amounts deposited in the Federal Land Disposal Account 

9 established by section 206 of the Federal Land Trans10 action Facilitation Act (43 U.S.C. 2305), there shall be 

11 transferred to the general fund of the Treasury 

12 $1,000,000 for each of fiscal years 2018 through 2027. 

13 Subtitle D—Filming on Federal 

14 Land Management Agency Land 

15 SEC. 8301. COMMERCIAL FILMING. 

16 (a) IN GENERAL.—Section 1 of Public Law 106–206 

17 (16 U.S.C. 460l–6d) is amended— 

18 (1) by redesignating subsections (a) through (f) 

19 as subsections (b) through (g), respectively; 

20 (2) by inserting before subsection (b) (as so re21 designated) the following: 

22 ‘‘(a) DEFINITION OF SECRETARY.—The term ‘Sec23 retary’ means the Secretary of the Interior or the Sec24 retary of Agriculture, as applicable, with respect to land 

25 under the respective jurisdiction of the Secretary.’’; 


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1 (3) in subsection (b) (as so redesignated)— 

2 (A) in paragraph (1)— 

3 (i) in the first sentence— 

4 (I) by striking ‘‘of the Interior or 

5 the Secretary of Agriculture (here6 after individually referred to as the 

7 ‘Secretary’ with respect to land (ex8 cept land in a System unit as defined 

9 in section 100102 of title 54, United 

10 States Code) under their respective 

11 jurisdictions)’’; and 

12 (II) by striking ‘‘or similar 

13 projects’’; 

14 (ii) in subparagraph (A), by striking 

15 ‘‘or similar project’’; and 

16 (iii) in subparagraph (B), by inserting 

17 ‘‘, except in the case of film crews of three 

18 or fewer individuals’’ before the period at 

19 the end; and 

20 (B) by adding at the end the following: 

21 ‘‘(3) FEE SCHEDULE.—Not later than 180 days 

22 after the date of enactment of the Energy and Nat23 ural Resources Act of 2017, to enhance consistency 

24 in the management of Federal land, the Secretaries 


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1 shall publish a single joint land use fee schedule for 

2 commercial filming and still photography.’’; 

3 (4) in subsection (c) (as so redesignated), in the 

4 second sentence, by striking ‘‘subsection (a)’’ and in5 serting ‘‘subsection (b)’’; 

6 (5) in subsection (d) (as so redesignated), in 

7 the heading, by inserting ‘‘Commercial’’ before 

8 ‘‘Still’’; 

9 (6) in paragraph (1) of subsection (f) (as so re10 designated), by inserting ‘‘in accordance with the 

11 Federal Lands Recreation Enhancement Act (16 

12 U.S.C. 6801 et seq.),’’ after ‘‘without further appro13 priation,’’; 

14 (7) in subsection (g) (as so redesignated)— 

15 (A) by striking ‘‘The Secretary shall’’ and 

16 inserting the following: 

17 ‘‘(1) IN GENERAL.—The Secretary shall’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(2) CONSIDERATIONS.—The Secretary shall 

20 not consider subject matter or content as a criterion 

21 for issuing or denying a permit under this Act.’’; 

22 and 

23 (8) by adding at the end the following: 

24 ‘‘(h) EXEMPTION FROM COMMERCIAL FILMING OR

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1 retary shall not require persons holding commercial use 

2 authorizations or special recreation permits to obtain an 

3 additional permit or pay a fee for commercial filming or 

4 still photography under this Act if the filming or photog5 raphy conducted is— 

6 ‘‘(1) incidental to the permitted activity that is 

7 the subject of the commercial use authorization or 

8 special recreation permit; and 

9 ‘‘(2) the holder of the commercial use author10 ization or special recreation permit is an individual 

11 or small business concern (within the meaning of 

12 section 3 of the Small Business Act (15 U.S.C. 

13 632)). 

14 ‘‘(i) EXCEPTION FROM CERTAIN FEES.—Commercial 

15 filming or commercial still photography shall be exempt 

16 from fees under this Act, but not from recovery of costs 

17 under subsection (c), if the activity— 

18 ‘‘(1) is conducted by an entity that is a small 

19 business concern (within the meaning of section 3 of 

20 the Small Business Act (15 U.S.C. 632)); 

21 ‘‘(2) is conducted by a crew of not more than 

22 3 individuals; and 

23 ‘‘(3) uses only a camera and tripod. 

24 ‘‘(j) APPLICABILITY TO NEWS GATHERING ACTIVI25 TIES.— 


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1 ‘‘(1) IN GENERAL.—News gathering shall not 

2 be considered a commercial activity. 

3 ‘‘(2) INCLUDED ACTIVITIES.—In this sub4 section, the term ‘news gathering’ includes, at a 

5 minimum, the gathering, recording, and filming of 

6 news and information related to news in any me7 dium.’’. 

8 (b) CONFORMING AMENDMENTS.—Chapter 1009 of 

9 title 54, United States Code, is amended— 

10 (1) by striking section 100905; and 

11 (2) in the table of sections for chapter 1009 of 

12 title 54, United States Code, by striking the item re13 lating to section 100905. 

14 Subtitle E—Wildlife and Habitat 

15 Conservation 

16 SEC. 8401. AMENDMENTS TO PITTMAN-ROBERTSON WILD17 LIFE RESTORATION ACT. 

18 (a) PURPOSE.—The purpose of this section is to fa19 cilitate the construction and expansion of public target 

20 ranges, including ranges on Federal land managed by the 

21 Forest Service and the Bureau of Land Management. 

22 (b) DEFINITION OF PUBLIC TARGET RANGE.—In 

23 this section, the term ‘‘public target range’’ means a spe24 cific location that— 


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1 (1) is identified by a governmental agency for 

2 recreational shooting; 

3 (2) is open to the public; 

4 (3) may be supervised; and 

5 (4) may accommodate archery or rifle, pistol, or 

6 shotgun shooting. 

7 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD8 LIFE RESTORATION ACT.— 

9 (1) DEFINITIONS.—Section 2 of the Pittman10 Robertson Wildlife Restoration Act (16 U.S.C. 

11 669a) is amended— 

12 (A) by redesignating paragraphs (2) 

13 through (8) as paragraphs (3) through (9), re14 spectively; and 

15 (B) by inserting after paragraph (1) the 

16 following: 

17 ‘‘(2) the term ‘public target range’ means a 

18 specific location that— 

19 ‘‘(A) is identified by a governmental agen20 cy for recreational shooting; 

21 ‘‘(B) is open to the public; 

22 ‘‘(C) may be supervised; and 

23 ‘‘(D) may accommodate archery or rifle, 

24 pistol, or shotgun shooting;’’. 


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1 (2) EXPENDITURES FOR MANAGEMENT OF

2 WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 

3 the Pittman-Robertson Wildlife Restoration Act (16 

4 U.S.C. 669g(b)) is amended— 

5 (A) by striking ‘‘(b) Each State’’ and in6 serting the following: 

7 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD8 LIFE AREAS AND RESOURCES.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), each State’’; 

11 (B) in paragraph (1) (as so designated), by 

12 striking ‘‘construction, operation,’’ and insert13 ing ‘‘operation’’; 

14 (C) in the second sentence, by striking 

15 ‘‘The non-Federal share’’ and inserting the fol16 lowing: 

17 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

18 share’’; 

19 (D) in the third sentence, by striking ‘‘The 

20 Secretary’’ and inserting the following: 

21 ‘‘(4) REGULATIONS.—The Secretary’’; and 

22 (E) by inserting after paragraph (1) (as 

23 designated by subparagraph (A)) the following: 

24 ‘‘(2) EXCEPTION.—Notwithstanding the limita25 tion described in paragraph (1), a State may pay up 


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1 to 90 percent of the cost of acquiring land for, ex2 panding, or constructing a public target range.’’. 

3 (3) FIREARM AND BOW HUNTER EDUCATION

4 AND SAFETY PROGRAM GRANTS.—Section 10 of the 

5 Pittman-Robertson Wildlife Restoration Act (16 

6 U.S.C. 669h–1) is amended— 

7 (A) in subsection (a), by adding at the end 

8 the following: 

9 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 

10 Of the amount apportioned to a State for any fiscal 

11 year under section 4(b), the State may elect to allo12 cate not more than 10 percent, to be combined with 

13 the amount apportioned to the State under para14 graph (1) for that fiscal year, for acquiring land for, 

15 expanding, or constructing a public target range.’’; 

16 (B) by striking subsection (b) and insert17 ing the following: 

18 ‘‘(b) COST SHARING.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), the Federal share of the cost of any activ21 ity carried out using a grant under this section shall 

22 not exceed 75 percent of the total cost of the activ23 ity. 

24 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

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1 quiring land for, expanding, or constructing a public 

2 target range in a State on Federal or non-Federal 

3 land pursuant to this section or section 8(b) shall 

4 not exceed 90 percent of the cost of the activity.’’; 

5 and 

6 (C) in subsection (c)(1)— 

7 (i) by striking ‘‘Amounts made’’ and 

8 inserting the following: 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), amounts made’’; and 

11 (ii) by adding at the end the fol12 lowing: 

13 ‘‘(B) EXCEPTION.—Amounts provided for 

14 acquiring land for, constructing, or expanding a 

15 public target range shall remain available for 

16 expenditure and obligation during the 5-fiscal17 year period beginning on October 1 of the first 

18 fiscal year for which the amounts are made 

19 available.’’. 

20 (d) SENSE OF CONGRESS REGARDING COOPERA21 TION.—It is the sense of Congress that, consistent with 

22 applicable laws (including regulations), the Secretary and 

23 the Secretary of Agriculture should cooperate with State 

24 and local authorities and other entities to carry out waste 

25 removal and other activities on any Federal land used as 


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1 a public target range to encourage continued use of that 

2 land for target practice or marksmanship training. 

3 SEC. 8402. WILDLIFE AND HUNTING HERITAGE CONSERVA4 TION COUNCIL ADVISORY COMMITTEE. 

5 The Fish and Wildlife Coordination Act (16 U.S.C. 

6 661 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVA9 TION COUNCIL ADVISORY COMMITTEE. 

10 ‘‘(a) ESTABLISHMENT.—There is established the 

11 Wildlife and Hunting Heritage Conservation Council Advi12 sory Committee (referred to in this section as the ‘Advi13 sory Committee’) to advise the Secretary of the Interior 

14 and the Secretary of Agriculture (referred to in this sec15 tion as the ‘Secretaries’) on wildlife and habitat conserva16 tion, hunting, and recreational shooting. 

17 ‘‘(b) DUTIES OF THE ADVISORY COMMITTEE.—The 

18 Advisory Committee shall advise the Secretaries regard19 ing— 

20 ‘‘(1) implementation of the ‘Recreational Hunt21 ing and Wildlife Resource Conservation Plan—A 

22 Ten-Year Plan for Implementation’ and any suc23 cessor plans, in accordance with Executive Order 

24 13443 (16 U.S.C. 661 note; relating to facilitation 

25 of hunting heritage and wildlife conservation); 


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1 ‘‘(2) increasing public awareness of, and sup2 port for, the Wildlife Restoration Program; 

3 ‘‘(3) fostering wildlife and habitat conservation 

4 and ethics in hunting and shooting sports recreation; 

5 ‘‘(4) stimulating the participation of sportsmen 

6 and sportswomen in the conservation and manage7 ment of wildlife and habitat resources through out8 reach and education; 

9 ‘‘(5) fostering communication and coordination 

10 among— 

11 ‘‘(A) the Federal Government and State 

12 and tribal governments; 

13 ‘‘(B) industry; 

14 ‘‘(C) sportsmen and sportswomen who 

15 hunt and shoot; 

16 ‘‘(D) wildlife and habitat conservation and 

17 management organizations; and 

18 ‘‘(E) the public; 

19 ‘‘(6) providing appropriate access to Federal 

20 land for recreational shooting and hunting; and 

21 ‘‘(7) recommendations to improve implementa22 tion of Federal conservation programs that benefit 

23 wildlife, hunting, and outdoor recreation on private 

24 land. 

25 ‘‘(c) MEMBERSHIP.— 


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1 ‘‘(1) APPOINTMENT.— 

2 ‘‘(A) IN GENERAL.—The Advisory Com3 mittee shall consist of not more than 16 discre4 tionary members and 7 ex officio members. 

5 ‘‘(B) EX OFFICIO MEMBERS.—The ex offi6 cio members are— 

7 ‘‘(i) the Director of the United States 

8 Fish and Wildlife Service or a designated 

9 representative of the Director; 

10 ‘‘(ii) the Director of the Bureau of 

11 Land Management or a designated rep12 resentative of the Director; 

13 ‘‘(iii) the Director of the National 

14 Park Service or a designated representa15 tive of the Director; 

16 ‘‘(iv) the Chief of the Forest Service 

17 or a designated representative of the Chief; 

18 ‘‘(v) the Chief of the Natural Re19 sources Conservation Service or a des20 ignated representative of the Chief; 

21 ‘‘(vi) the Administrator of the Farm 

22 Service Agency or a designated representa23 tive of the Administrator; and 

24 ‘‘(vii) the Executive Director of the 

25 Association of Fish and Wildlife Agencies. 


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1 ‘‘(C) DISCRETIONARY MEMBERS.—The dis2 cretionary members shall be appointed jointly 

3 by the Secretaries from at least one of each of 

4 the following: 

5 ‘‘(i) State fish and wildlife manage6 ment agencies. 

7 ‘‘(ii) Wildlife and habitat conservation 

8 management organizations. 

9 ‘‘(iii) Game bird hunting organiza10 tions. 

11 ‘‘(iv) Waterfowl hunting organiza12 tions. 

13 ‘‘(v) Big game hunting organizations. 

14 ‘‘(vi) The tourism, outfitter, or guid15 ing industry relating to hunting, fishing, 

16 and shooting sports. 

17 ‘‘(vii) The hunting or shooting equip18 ment retail industry. 

19 ‘‘(viii) Tribal resource management 

20 organizations. 

21 ‘‘(ix) Hunting, shooting, and fishing 

22 sports outreach and education organiza23 tions. 


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1 ‘‘(x) Women’s hunting and fishing ad2 vocacy, outreach, or education organiza3 tions. 

4 ‘‘(xi) Minority hunting and fishing ad5 vocacy, outreach, or education organiza6 tions. 

7 ‘‘(xii) Veterans service organizations. 

8 ‘‘(2) TERMS.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), members of the Advisory 

11 Committee shall be appointed for a term of 4 

12 years. Members shall not be appointed for more 

13 than 3 consecutive or nonconsecutive terms. 

14 ‘‘(B) TERMS OF INITIAL APPOINTEES.—As 

15 designated by the Secretaries at the time of ap16 pointment, of the members first appointed— 

17 ‘‘(i) 6 members shall be appointed for 

18 a term of 4 years; 

19 ‘‘(ii) 5 members shall be appointed for 

20 a term of 3 years; and 

21 ‘‘(iii) 5 members shall be appointed 

22 for a term of 2 years. 

23 ‘‘(3) PRESERVATION OF PUBLIC ADVISORY STA24 TUS.—No individual may be appointed as a discre25 tionary member of the Advisory Committee while 


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1 serving as an officer or employee of the Federal 

2 Government. 

3 ‘‘(4) VACANCY AND REMOVAL.— 

4 ‘‘(A) IN GENERAL.—Any vacancy on the 

5 Advisory Committee shall be filled in the man6 ner in which the original appointment was 

7 made. 

8 ‘‘(B) REMOVAL.—Advisory Committee 

9 members shall serve at the discretion of the 

10 Secretaries and may be removed at any time for 

11 good cause. 

12 ‘‘(5) CONTINUATION OF SERVICE.—Each ap13 pointed member may continue to serve after the ex14 piration of the term of office to which such member 

15 was appointed until a successor has been appointed. 

16 ‘‘(6) CHAIRPERSON.—The Chairperson of the 

17 Advisory Committee shall be appointed for a 3-year 

18 term by the Secretaries, jointly, from among the 

19 members of the Advisory Committee. An individual 

20 may not be appointed as Chairperson for more than 

21 2 consecutive or nonconsecutive terms. 

22 ‘‘(7) COMPENSATION.—Members of the Advi23 sory Committee shall serve without compensation. 

24 ‘‘(8) TRAVEL EXPENSES.—Members of the Ad25 visory Committee may be allowed travel expenses, inVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 cluding per diem in lieu of subsistence, at rates au2 thorized for an employee of an agency under sub3 chapter I of chapter 57 of title 5, United States 

4 Code, while away from the home or regular place of 

5 business of the member in the performance of duties 

6 of the Advisory Committee. 

7 ‘‘(9) MEETINGS.— 

8 ‘‘(A) IN GENERAL.—The Advisory Com9 mittee shall meet at the call of the chairperson, 

10 but not less frequently than twice annually. 

11 ‘‘(B) OPEN MEETINGS.—Each meeting of 

12 the Advisory Committee shall be open to the 

13 public. 

14 ‘‘(C) PRIOR NOTICE OF MEETINGS.—Time15 ly notice of each meeting of the Advisory Com16 mittee shall be published in the Federal Reg17 ister and be submitted to trade publications and 

18 publications of general circulation. 

19 ‘‘(D) SUBGROUPS.—The Advisory Com20 mittee may establish such workgroups or sub21 groups as the Advisory Committee deems nec22 essary for the purpose of compiling information 

23 or conducting research. 

24 ‘‘(10) QUORUM.—A majority of the members of 

25 the Advisory Committee shall constitute a quorum. 


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1 ‘‘(d) EXPENSES, ADMINISTRATIVE SUPPORT, TECH2 NICAL SERVICES, AND ADVICE.—The Secretaries may 

3 provide for expenses, administrative support, technical 

4 services, and advice to the Advisory Committee that the 

5 Secretaries determine to be appropriate. 

6 ‘‘(e) ANNUAL REPORT.— 

7 ‘‘(1) REQUIRED.—Not later than September 30 

8 of each year, the Advisory Committee shall submit 

9 a report to the Secretaries, the Committee on Nat10 ural Resources and the Committee on Agriculture of 

11 the House of Representatives, and the Committee on 

12 Energy and Natural Resources and the Committee 

13 on Agriculture, Nutrition, and Forestry of the Sen14 ate. 

15 ‘‘(2) CONTENTS.—The report required under 

16 paragraph (1) shall describe— 

17 ‘‘(A) the activities of the Advisory Com18 mittee during the preceding year; 

19 ‘‘(B) the reports and recommendations 

20 made by the Advisory Committee to the Secre21 taries during the preceding year; and 

22 ‘‘(C) an accounting of actions taken by the 

23 Secretaries as a result of the recommendations. 


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1 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The 

2 Advisory Committee shall be exempt from the Federal Ad3 visory Committee Act (5 U.S.C. App.).’’. 

4 SEC. 8403. NORTH AMERICAN WETLANDS CONSERVATION 

5 ACT. 

6 (a) CONSERVATION INCENTIVES LANDOWNER EDU7 CATION PROGRAM.—Any acquisition of land (including 

8 any interest in land) under the North American Wetlands 

9 Conservation Act (16 U.S.C. 4401 et seq.) shall be subject 

10 to the notification requirements under section 5104(d). 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 7(c) of the North American Wetlands Conservation Act 

13 (16 U.S.C. 4406(c)) is amended— 

14 (1) in paragraph (4), by striking ‘‘and’’; 

15 (2) in paragraph (5), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(6) $50,000,000 for each of fiscal years 2018 

19 through 2023.’’. 

20 SEC. 8404. FISHING TACKLE. 

21 During the period beginning on the date of enactment 

22 of this Act and ending on September 30, 2028, the Admin23 istrator of the Environmental Protection Agency shall not 

24 regulate the use of fishing tackle based on the lead content 


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1 of the tackle under the Toxic Substances Control Act (15. 

2 U.S.C. 2601 et seq.). 

3 Subtitle F—Miscellaneous 

4 SEC. 8501. RESPECT FOR TREATIES AND RIGHTS. 

5 Nothing in this title or the amendments made by this 

6 title— 

7 (1) affects or modifies any treaty or other right 

8 of any federally recognized Indian tribe; or 

9 (2) modifies any provision of Federal law relat10 ing to migratory birds or to endangered or threat11 ened species. 

12 SEC. 8502. NO PRIORITY. 

13 Nothing in this title or the amendments made by this 

14 title provides a preference to hunting, fishing, or rec15 reational shooting over any other use of Federal land or 

16 water. 

17 SEC. 8503. STATE AUTHORITY FOR FISH AND WILDLIFE. 

18 Nothing in this title— 

19 (1) authorizes the Secretary of Agriculture or 

20 the Secretary to require Federal licenses or permits 

21 to hunt and fish on Federal land; or 

22 (2) enlarges or diminishes the responsibility or 

23 authority of States with respect to fish and wildlife 

24 management. 


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1 TITLE IX—WATER INFRASTRUC2 TURE AND RELATED MAT3 TERS 

4 Subtitle A—Fontenelle Reservoir 

5 SEC. 9001. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY 

6 OF FONTENELLE RESERVOIR AVAILABLE 

7 FOR USE. 

8 (a) IN GENERAL.—The Secretary, in cooperation 

9 with the State of Wyoming, may amend the Definite Plan 

10 Report for the Seedskadee Project authorized under the 

11 first section of the Act of April 11, 1956 (commonly 

12 known as the ‘‘Colorado River Storage Project Act’’) (43 

13 U.S.C. 620), to provide for the study, design, planning, 

14 and construction activities that will enable the use of all 

15 active storage capacity (as may be defined or limited by 

16 legal, hydrologic, structural, engineering, economic, and 

17 environmental considerations) of Fontenelle Dam and 

18 Reservoir, including the placement of sufficient riprap on 

19 the upstream face of Fontenelle Dam to allow the active 

20 storage capacity of Fontenelle Reservoir to be used for 

21 those purposes for which the Seedskadee Project was au22 thorized. 

23 (b) COOPERATIVE AGREEMENTS.— 

24 (1) IN GENERAL.—The Secretary may enter 

25 into any contract, grant, cooperative agreement, or 


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1 other agreement that is necessary to carry out sub2 section (a). 

3 (2) STATE OF WYOMING.— 

4 (A) IN GENERAL.—The Secretary shall 

5 enter into a cooperative agreement with the 

6 State of Wyoming to work in cooperation and 

7 collaboratively with the State of Wyoming for 

8 planning, design, related preconstruction activi9 ties, and construction of any modification of the 

10 Fontenelle Dam under subsection (a). 

11 (B) REQUIREMENTS.—The cooperative 

12 agreement under subparagraph (A) shall, at a 

13 minimum, specify the responsibilities of the 

14 Secretary and the State of Wyoming with re15 spect to— 

16 (i) completing the planning and final 

17 design of the modification of the 

18 Fontenelle Dam under subsection (a); 

19 (ii) any environmental and cultural re20 source compliance activities required for 

21 the modification of the Fontenelle Dam 

22 under subsection (a) including compliance 

23 with— 


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1 (I) the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 

3 et seq.); 

4 (II) the Endangered Species Act 

5 of 1973 (16 U.S.C. 1531 et seq.); and 

6 (III) subdivision 2 of division A 

7 of subtitle III of title 54, United 

8 States Code; and 

9 (iii) the construction of the modifica10 tion of the Fontenelle Dam under sub11 section (a). 

12 (c) FUNDING BY STATE OF WYOMING.—Pursuant to 

13 the 33rd paragraph under the heading ‘‘RECLAMATION

14 SERVICE’’ in the Act of March 4, 1921 (41 Stat. 1404, 

15 chapter 161; 43 U.S.C. 395), and as a condition of pro16 viding any additional storage under subsection (a), the 

17 State of Wyoming shall provide to the Secretary funds for 

18 any work carried out under subsection (a). 

19 (d) OTHER CONTRACTING AUTHORITY.— 

20 (1) IN GENERAL.—The Secretary may enter 

21 into contracts with the State of Wyoming, on such 

22 terms and conditions as the Secretary and the State 

23 of Wyoming may agree, for division of any addi24 tional active capacity made available under sub25 section (a). 


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1 (2) TERMS AND CONDITIONS.—Unless other2 wise agreed to by the Secretary and the State of 

3 Wyoming, a contract entered into under paragraph 

4 (1) shall be subject to the terms and conditions of 

5 Bureau of Reclamation Contract No. 14–06–400– 

6 2474 and Bureau of Reclamation Contract No. 14– 

7 06–400–6193. 

8 SEC. 9002. SAVINGS PROVISIONS. 

9 Unless expressly provided in this subtitle, nothing in 

10 this subtitle modifies, conflicts with, preempts, or other11 wise affects— 

12 (1) the Act of December 31, 1928 (43 U.S.C. 

13 617 et seq.) (commonly known as the ‘‘Boulder Can14 yon Project Act’’); 

15 (2) the Colorado River Compact of 1922, as ap16 proved by the Presidential Proclamation of June 25, 

17 1929 (46 Stat. 3000); 

18 (3) the Act of July 19, 1940 (43 U.S.C. 618 

19 et seq.) (commonly known as the ‘‘Boulder Canyon 

20 Project Adjustment Act’’); 

21 (4) the Treaty between the United States of 

22 America and Mexico relating to the utilization of 

23 waters of the Colorado and Tijuana Rivers and of 

24 the Rio Grande, and supplementary protocol signed 


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1 November 14, 1944, signed at Washington February 

2 3, 1944 (59 Stat. 1219); 

3 (5) the Upper Colorado River Basin Compact 

4 as consented to by the Act of April 6, 1949 (63 

5 Stat. 31, chapter 48); 

6 (6) the Act of April 11, 1956 (commonly known 

7 as the ‘‘Colorado River Storage Project Act’’) (43 

8 U.S.C. 620 et seq.); 

9 (7) the Colorado River Basin Project Act (Pub10 lic Law 90–537; 82 Stat. 885); or 

11 (8) any State of Wyoming or other State water 

12 law. 

13 Subtitle B—Bureau of Reclamation 

14 Transparency 

15 SEC. 9101. DEFINITIONS. 

16 In this subtitle: 

17 (1) ASSET.— 

18 (A) IN GENERAL.—The term ‘‘asset’’ 

19 means any of the following assets that are used 

20 to achieve the mission of the Bureau of Rec21 lamation to manage, develop, and protect water 

22 and related resources in an environmentally and 

23 economically sound manner in the interest of 

24 the people of the United States: 


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1 (i) Capitalized facilities, buildings, 

2 structures, project features, power produc3 tion equipment, recreation facilities, or 

4 quarters. 

5 (ii) Capitalized and noncapitalized 

6 heavy equipment and other installed equip7 ment. 

8 (B) INCLUSIONS.—The term ‘‘asset’’ in9 cludes assets described in subparagraph (A) 

10 that are considered to be mission critical. 

11 (2) ASSET MANAGEMENT REPORT.—The term 

12 ‘‘Asset Management Report’’ means— 

13 (A) the annual plan prepared by the Bu14 reau of Reclamation known as the ‘‘Asset Man15 agement Plan’’; and 

16 (B) any publicly available information re17 lating to the plan described in subparagraph 

18 (A) that summarizes the efforts of the Bureau 

19 of Reclamation to evaluate and manage infra20 structure assets of the Bureau of Reclamation. 

21 (3) MAJOR REPAIR AND REHABILITATION

22 NEED.—The term ‘‘major repair and rehabilitation 

23 need’’ means major nonrecurring maintenance at a 

24 Reclamation facility, including maintenance related 

25 to the safety of dams, extraordinary maintenance of 


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1 dams, deferred major maintenance activities, and all 

2 other significant repairs and extraordinary mainte3 nance. 

4 (4) RECLAMATION FACILITY.—The term ‘‘Rec5 lamation facility’’ means each of the infrastructure 

6 assets that are owned by the Bureau of Reclamation 

7 at a Reclamation project. 

8 (5) RECLAMATION PROJECT.—The term ‘‘Rec9 lamation project’’ means a project that is owned by 

10 the Bureau of Reclamation, including all reserved 

11 works and transferred works owned by the Bureau 

12 of Reclamation. 

13 (6) RESERVED WORKS.—The term ‘‘reserved 

14 works’’ means buildings, structures, facilities, or 

15 equipment that are owned by the Bureau of Rec16 lamation for which operations and maintenance are 

17 performed by employees of the Bureau of Reclama18 tion or through a contract entered into by the Bu19 reau of Reclamation, regardless of the source of 

20 funding for the operations and maintenance. 

21 (7) TRANSFERRED WORKS.—The term ‘‘trans22 ferred works’’ means a Reclamation facility at which 

23 operations and maintenance of the facility is carried 

24 out by a non-Federal entity under the provisions of 

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1 tract or other legal agreement with the Bureau of 

2 Reclamation. 

3 SEC. 9102. ASSET MANAGEMENT REPORT ENHANCEMENTS 

4 FOR RESERVED WORKS. 

5 (a) IN GENERAL.—Not later than 2 years after the 

6 date of enactment of this Act, the Secretary shall submit 

7 to Congress an Asset Management Report that— 

8 (1) describes the efforts of the Bureau of Rec9 lamation— 

10 (A) to maintain in a reliable manner all re11 served works at Reclamation facilities; and 

12 (B) to standardize and streamline data re13 porting and processes across regions and areas 

14 for the purpose of maintaining reserved works 

15 at Reclamation facilities; and 

16 (2) expands on the information otherwise pro17 vided in an Asset Management Report, in accord18 ance with subsection (b). 

19 (b) INFRASTRUCTURE MAINTENANCE NEEDS AS20 SESSMENT.— 

21 (1) IN GENERAL.—The Asset Management Re22 port submitted under subsection (a) shall include— 

23 (A) a detailed assessment of major repair 

24 and rehabilitation needs for all reserved works 

25 at all Reclamation projects; and 


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1 (B) to the extent practicable, an itemized 

2 list of major repair and rehabilitation needs of 

3 individual Reclamation facilities at each Rec4 lamation project. 

5 (2) INCLUSIONS.—To the extent practicable, 

6 the itemized list of major repair and rehabilitation 

7 needs under paragraph (1)(B) shall include— 

8 (A) a budget level cost estimate of the ap9 propriations needed to complete each item; and 

10 (B) an assignment of a categorical rating 

11 for each item, consistent with paragraph (3). 

12 (3) RATING REQUIREMENTS.— 

13 (A) IN GENERAL.—The system for assign14 ing ratings under paragraph (2)(B) shall be— 

15 (i) consistent with existing uniform 

16 categorization systems to inform the an17 nual budget process and agency require18 ments; and 

19 (ii) subject to the guidance and in20 structions issued under subparagraph (B). 

21 (B) GUIDANCE.—As soon as practicable 

22 after the date of enactment of this Act, the Sec23 retary shall issue guidance that describes the 

24 applicability of the rating system applicable 


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1 under paragraph (2)(B) to Reclamation facili2 ties. 

3 (4) PUBLIC AVAILABILITY.—Except as provided 

4 in paragraph (5), the Secretary shall make publicly 

5 available, including on the Internet, the Asset Man6 agement Report required under subsection (a). 

7 (5) CONFIDENTIALITY.—The Secretary may ex8 clude from the public version of the Asset Manage9 ment Report made available under paragraph (4) 

10 any information that the Secretary identifies as sen11 sitive or classified, but shall make available to the 

12 Committee on Energy and Natural Resources of the 

13 Senate and the Committee on Natural Resources of 

14 the House of Representatives a version of the report 

15 containing the sensitive or classified information. 

16 (c) UPDATES.—Not later than 2 years after the date 

17 on which the Asset Management Report is submitted 

18 under subsection (a) and biennially thereafter, the Sec19 retary shall update the Asset Management Report, subject 

20 to the requirements of section 9103(b)(2). 

21 (d) CONSULTATION.—To the extent that such con22 sultation would assist the Secretary in preparing the Asset 

23 Management Report under subsection (a) and updates to 

24 the Asset Management Report under subsection (c), the 

25 Secretary shall consult with— 


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1 (1) the Secretary of the Army (acting through 

2 the Chief of Engineers); and 

3 (2) water and power contractors. 

4 SEC. 9103. ASSET MANAGEMENT REPORT ENHANCEMENTS 

5 FOR TRANSFERRED WORKS. 

6 (a) IN GENERAL.—The Secretary shall coordinate 

7 with the non-Federal entities responsible for the operation 

8 and maintenance of transferred works in developing re9 porting requirements for Asset Management Reports with 

10 respect to major repair and rehabilitation needs for trans11 ferred works that are similar to the reporting require12 ments described in section 9102(b). 

13 (b) GUIDANCE.— 

14 (1) IN GENERAL.—After considering input from 

15 water and power contractors of the Bureau of Rec16 lamation, the Secretary shall develop and implement 

17 a rating system for transferred works that incor18 porates, to the maximum extent practicable, the rat19 ing system for major repair and rehabilitation needs 

20 for reserved works developed under section 

21 9102(b)(3). 

22 (2) UPDATES.—The ratings system developed 

23 under paragraph (1) shall be included in the up24 dated Asset Management Reports under section 

25 9102(c). 


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1 SEC. 9104. OFFSET. 

2 Notwithstanding any other provision of law, in the 

3 case of the project authorized by section 1617 of the Rec4 lamation Projects Authorization and Adjustment Act of 

5 1992 (43 U.S.C. 390h–12c), the maximum amount of the 

6 Federal share of the cost of the project under section 

7 1631(d)(1) of that Act (43 U.S.C. 390h–13(d)(1)) other8 wise available as of the date of enactment of this Act shall 

9 be reduced by $2,000,000. 

10 Subtitle C—Yakima River Basin 

11 Water Enhancement 

12 SEC. 9201. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Yakima River 

14 Basin Water Enhancement Project Phase III Act of 

15 2017’’. 

16 SEC. 9202. MODIFICATION OF TERMS, PURPOSES, AND 

17 DEFINITIONS. 

18 (a) MODIFICATION OF TERMS.—Title XII of Public 

19 Law 103–434 (108 Stat. 4550) is amended— 

20 (1) by striking ‘‘Yakama Indian’’ each place it 

21 appears (except section 1204(g)) and inserting 

22 ‘‘Yakama’’; and 

23 (2) by striking ‘‘Superintendent’’ each place it 

24 appears and inserting ‘‘Manager’’. 

25 (b) MODIFICATION OF PURPOSES.—Section 1201 of 

26 Public Law 103–434 (108 Stat. 4550) is amended— 


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1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) to protect, mitigate, and enhance fish and 

4 wildlife and the recovery and maintenance of self5 sustaining harvestable populations of fish and other 

6 aquatic life, both anadromous and resident species, 

7 throughout their historic distribution range in the 

8 Yakima Basin through— 

9 ‘‘(A) improved water management and the 

10 constructions of fish passage at storage and di11 version dams, as authorized under the Hoover 

12 Power Plant Act of 1984 (43 U.S.C. 619 et 

13 seq.); 

14 ‘‘(B) improved instream flows and water 

15 supplies; 

16 ‘‘(C) improved water quality, watershed, 

17 and ecosystem function; 

18 ‘‘(D) protection, creation, and enhance19 ment of wetlands; and 

20 ‘‘(E) other appropriate means of habitat 

21 improvement;’’; 

22 (2) in paragraph (2), by inserting ‘‘, municipal, 

23 industrial, and domestic water supply and use pur24 poses, especially during drought years, including re25 ducing the frequency and severity of water supply 


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1 shortages for pro-ratable irrigation entities’’ before 

2 the semicolon at the end; 

3 (3) by striking paragraph (4); 

4 (4) by redesignating paragraph (3) as para5 graph (4); 

6 (5) by inserting after paragraph (2) the fol7 lowing: 

8 ‘‘(3) to authorize the Secretary to make water 

9 available for purchase or lease for meeting munic10 ipal, industrial, and domestic water supply pur11 poses;’’; 

12 (6) by redesignating paragraphs (5) and (6) as 

13 paragraphs (6) and (8), respectively; 

14 (7) by inserting after paragraph (4) (as so re15 designated) the following: 

16 ‘‘(5) to realize sufficient water savings from im17 plementing the Yakima River Basin Integrated 

18 Water Resource Management Plan, so that not less 

19 than 85,000 acre feet of water savings are achieved 

20 by implementing the first phase of the Integrated 

21 Plan pursuant to section 1213(a), in addition to the 

22 165,000 acre feet of water savings targeted through 

23 the Basin Conservation Program, as authorized on 

24 October 31, 1994;’’; 

25 (8) in paragraph (6) (as so redesignated)— 


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1 (A) by inserting ‘‘an increase in’’ before 

2 ‘‘voluntary’’; and 

3 (B) by striking ‘‘and’’ at the end; 

4 (9) by inserting after paragraph (6) (as so re5 designated) the following: 

6 ‘‘(7) to encourage an increase in the use of, and 

7 reduce the barriers to, water transfers, leasing, mar8 kets, and other voluntary transactions among public 

9 and private entities to enhance water management 

10 in the Yakima River basin;’’; 

11 (10) in paragraph (8) (as redesignated by para12 graph (6)), by striking the period at the end and in13 serting a semicolon; and 

14 (11) by adding at the end the following: 

15 ‘‘(9) to improve the resilience of the ecosystems, 

16 economies, and communities in the Basin as they 

17 face drought, hydrologic changes, and other related 

18 changes and variability in natural and human sys19 tems, for the benefit of both the people and the fish 

20 and wildlife of the region; and 

21 ‘‘(10) to authorize and implement the Yakima 

22 River Basin Integrated Water Resource Manage23 ment Plan as Phase III of the Yakima River Basin 

24 Water Enhancement Project, as a balanced and 


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1 cost-effective approach to maximize benefits to the 

2 communities and environment in the Basin.’’. 

3 (c) MODIFICATION OF DEFINITIONS.—Section 1202 

4 of Public Law 103–434 (108 Stat. 4550) is amended— 

5 (1) by redesignating paragraphs (6), (7), (8), 

6 (9), (10), (11), (12), (13), and (14) as paragraphs 

7 (8), (10), (11), (13), (14), (15), (16), (18), and 

8 (19), respectively; 

9 (2) by inserting after paragraph (5) the fol10 lowing: 

11 ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The 

12 term ‘designated Federal official’ means the Com13 missioner of Reclamation (or a designee), acting 

14 pursuant to the charter of the Conservation Advisory 

15 Group. 

16 ‘‘(7) INTEGRATED PLAN.—The terms ‘Inte17 grated Plan’ and ‘Yakima River Basin Integrated 

18 Water Resource Plan’ mean the plan and activities 

19 authorized by the Yakima River Basin Water En20 hancement Project Phase III Act of 2017 and the 

21 amendments made by that subtitle, to be carried out 

22 in cooperation with and in addition to activities of 

23 the State of Washington and Yakama Nation.’’; 

24 (3) by inserting after paragraph (8) (as redesig25 nated by paragraph (1)) the following: 


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1 ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC

2 WATER SUPPLY AND USE.—The term ‘municipal, in3 dustrial, and domestic water supply and use’ means 

4 the supply and use of water for— 

5 ‘‘(A) domestic consumption (whether urban 

6 or rural); 

7 ‘‘(B) maintenance and protection of public 

8 health and safety; 

9 ‘‘(C) manufacture, fabrication, processing, 

10 assembly, or other production of a good or com11 modity; 

12 ‘‘(D) production of energy; 

13 ‘‘(E) fish hatcheries; or 

14 ‘‘(F) water conservation activities relating 

15 to a use described in subparagraphs (A) 

16 through (E).’’; 

17 (4) by inserting after paragraph (11) (as redes18 ignated by paragraph (1)) the following: 

19 ‘‘(12) PRORATABLE IRRIGATION ENTITY.—The 

20 term ‘proratable irrigation entity’ means a district, 

21 project, or State-recognized authority, board of con22 trol, agency, or entity located in the Yakima River 

23 basin that— 

24 ‘‘(A) manages and delivers irrigation water 

25 to farms in the basin; and 


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1 ‘‘(B) possesses, or the members of which 

2 possess, water rights that are proratable during 

3 periods of water shortage.’’; and 

4 (5) by inserting after paragraph (16) (as redes5 ignated by paragraph (1)) the following: 

6 ‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAK7 IMA RIVER BASIN WATER ENHANCEMENT

8 PROJECT.—The terms ‘Yakima Enhancement 

9 Project’ and ‘Yakima River Basin Water Enhance10 ment Project’ mean the Yakima River basin water 

11 enhancement project authorized by Congress pursu12 ant to this Act and other Acts (including Public Law 

13 96–162 (93 Stat. 1241), section 109 of Public Law 

14 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub15 lic Law 105–62 (111 Stat. 1320), and Public Law 

16 106–372 (114 Stat. 1425)) to promote water con17 servation, water supply, habitat, and stream en18 hancement improvements in the Yakima River 

19 basin.’’. 

20 SEC. 9203. YAKIMA RIVER BASIN WATER CONSERVATION 

21 PROGRAM. 

22 Section 1203 of Public Law 103–434 (108 Stat. 

23 4551) is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (1)— 


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1 (i) in the second sentence, by striking 

2 ‘‘title’’ and inserting ‘‘section’’; and 

3 (ii) in the third sentence, by striking 

4 ‘‘within 5 years of the date of enactment 

5 of this Act’’; and 

6 (B) in paragraph (2), by striking ‘‘irriga7 tion’’ and inserting ‘‘the number of irrigated 

8 acres’’; 

9 (2) in subsection (c)— 

10 (A) in paragraph (2)— 

11 (i) in each of subparagraphs (A) 

12 through (D), by striking the comma at the 

13 end and inserting a semicolon; 

14 (ii) in subparagraph (E), by striking 

15 the comma at the end and inserting ‘‘; 

16 and’’; 

17 (iii) in subparagraph (F), by striking 

18 ‘‘Department of Wildlife of the State of 

19 Washington, and’’ and inserting ‘‘Depart20 ment of Fish and Wildlife of the State of 

21 Washington.’’; and 

22 (iv) by striking subparagraph (G); 

23 (B) in paragraph (3)— 


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1 (i) in each of subparagraphs (A) 

2 through (C), by striking the comma at the 

3 end and inserting a semicolon; 

4 (ii) in subparagraph (D), by striking 

5 ‘‘, and’’ and inserting a semicolon; 

6 (iii) in subparagraph (E), by striking 

7 the period at the end and inserting ‘‘; 

8 and’’; and 

9 (iv) by adding at the end the fol10 lowing: 

11 ‘‘(F) provide recommendations to advance 

12 the purposes and programs of the Yakima En13 hancement Project, including the Integrated 

14 Plan.’’; and 

15 (C) by striking paragraph (4) and insert16 ing the following: 

17 ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF18 FICIAL.—The designated Federal official may— 

19 ‘‘(A) arrange and provide logistical support 

20 for meetings of the Conservation Advisory 

21 Group; 

22 ‘‘(B) use a facilitator to serve as a moder23 ator for meetings of the Conservation Advisory 

24 Group or provide additional logistical support; 

25 and 


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1 ‘‘(C) grant any request for a facilitator by 

2 any member of the Conservation Advisory 

3 Group.’’; 

4 (3) in subsection (d), by adding at the end the 

5 following: 

6 ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR

7 FEDERAL GOVERNMENT.— 

8 ‘‘(A) IN GENERAL.—The State or the Fed9 eral Government may fund not more than the 

10 17.5 percent local share of the costs of the 

11 Basin Conservation Program in exchange for 

12 the long-term use of conserved water, subject to 

13 the requirement that the funding by the Fed14 eral Government of the local share of the costs 

15 shall provide a quantifiable public benefit in 

16 meeting Federal responsibilities in the Basin 

17 and the purposes of this title. 

18 ‘‘(B) USE OF CONSERVED WATER.—The 

19 Yakima Project Manager may use water result20 ing from conservation measures taken under 

21 this title, in addition to water that the Bureau 

22 of Reclamation may acquire from any willing 

23 seller through purchase, donation, or lease, for 

24 water management uses pursuant to this title.’’; 


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1 (4) in subsection (e), by striking the first sen2 tence and inserting the following: ‘‘To participate in 

3 the Basin Conservation Program, as described in 

4 subsection (b), an entity shall submit to the Sec5 retary a proposed water conservation plan.’’; 

6 (5) in subsection (i)(3)— 

7 (A) by striking ‘‘purchase or lease’’ each 

8 place it appears and inserting ‘‘purchase, lease, 

9 or management’’; and 

10 (B) in the third sentence, by striking 

11 ‘‘made immediately upon availability’’ and all 

12 that follows through ‘‘Committee’’ and inserting 

13 ‘‘continued as needed to provide water to be 

14 used by the Yakima Project Manager as rec15 ommended by the System Operations Advisory 

16 Committee and the Conservation Advisory 

17 Group’’; and 

18 (6) in subsection (j)(4), in the first sentence, by 

19 striking ‘‘initial acquisition’’ and all that follows 

20 through ‘‘flushing flows’’ and inserting ‘‘acquisition 

21 of water from willing sellers or lessors specifically to 

22 provide improved instream flows for anadromous 

23 and resident fish and other aquatic life, including 

24 pulse flows to facilitate outward migration of anad25 romous fish’’. 


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1 SEC. 9204. YAKIMA BASIN WATER PROJECTS, OPERATIONS, 

2 AND AUTHORIZATIONS. 

3 (a) YAKAMA NATION PROJECTS.—Section 1204 of 

4 Public Law 103–434 (108 Stat. 4555) is amended— 

5 (1) in subsection (a)(2), in the first sentence, 

6 by striking ‘‘not more than $23,000,000’’ and in7 serting ‘‘not more than $100,000,000’’; and 

8 (2) in subsection (g)— 

9 (A) by striking the subsection heading and 

10 inserting ‘‘REDESIGNATION OF YAKAMA INDIAN

11 NATION TO YAKAMA NATION.—’’; 

12 (B) by striking paragraph (1) and insert13 ing the following: 

14 ‘‘(1) REDESIGNATION.—The Confederated 

15 Tribes and Bands of the Yakama Indian Nation 

16 shall be known and designated as the ‘Confederated 

17 Tribes and Bands of the Yakama Nation’.’’; and 

18 (C) in paragraph (2), by striking ‘‘deemed 

19 to be a reference to the ‘Confederated Tribes 

20 and Bands of the Yakama Indian Nation’.’’ and 

21 inserting ‘‘deemed to be a reference to the 

22 ‘Confederated Tribes and Bands of the Yakama 

23 Nation’.’’. 

24 (b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec25 tion 1205 of Public Law 103–434 (108 Stat. 4557) is 

26 amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (4)— 

3 (i) in subparagraph (A)— 

4 (I) in clause (i)— 

5 (aa) by inserting ‘‘addi6 tional’’ after ‘‘secure’’; 

7 (bb) by striking ‘‘flushing’’ 

8 and inserting ‘‘pulse’’; and 

9 (cc) by striking ‘‘uses’’ and 

10 inserting ‘‘uses, in addition to the 

11 quantity of water provided under 

12 the treaty between the Yakama 

13 Nation and the United States’’; 

14 (II) by striking clause (ii); 

15 (III) by redesignating clause (iii) 

16 as clause (ii); and 

17 (IV) in clause (ii) (as so redesig18 nated) by inserting ‘‘and water rights 

19 mandated’’ after ‘‘goals’’; and 

20 (ii) in subparagraph (B)(i), in the 

21 first sentence, by inserting ‘‘in proportion 

22 to the funding received’’ after ‘‘Program’’; 

23 (2) in subsection (b) (as amended by section 

24 9202(a)(2)), in the second sentence, by striking 

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1 ager as flushing flows or as otherwise’’ and inserting 

2 ‘‘fishery purposes, as’’; and 

3 (3) in subsection (e), by striking paragraph (1) 

4 and inserting the following: 

5 ‘‘(1) IN GENERAL.—Additional purposes of the 

6 Yakima Project shall be any of the following: 

7 ‘‘(A) To recover and maintain self-sus8 taining harvestable populations of native fish, 

9 both anadromous and resident species, through10 out their historic distribution range in the Yak11 ima Basin. 

12 ‘‘(B) To protect, mitigate, and enhance 

13 aquatic life and wildlife. 

14 ‘‘(C) Recreation. 

15 ‘‘(D) Municipal, industrial, and domestic 

16 use.’’. 

17 (c) LAKE CLE ELUM AUTHORIZATION OF APPRO18 PRIATIONS.—Section 1206(a)(1) of Public Law 103–434 

19 (108 Stat. 4560), is amended, in the matter preceding 

20 subparagraph (A), by striking ‘‘at September’’ and all that 

21 follows through ‘‘to—’’ and inserting ‘‘not more than 

22 $12,000,000 to—’’. 

23 (d) ENHANCEMENT OF WATER SUPPLIES FOR YAK24 IMA BASIN TRIBUTARIES.—Section 1207 of Public Law 

25 103–434 (108 Stat. 4560) is amended— 


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1 (1) in the heading, by striking ‘‘SUPPLIES’’ 

2 and inserting ‘‘MANAGEMENT’’; 

3 (2) in subsection (a)— 

4 (A) in the matter preceding paragraph (1), 

5 by striking ‘‘supplies’’ and inserting ‘‘manage6 ment’’; 

7 (B) in paragraph (1), by inserting ‘‘and 

8 water supply entities’’ after ‘‘owners’’; and 

9 (C) in paragraph (2)— 

10 (i) in subparagraph (A), by inserting 

11 ‘‘that choose not to participate or opt out 

12 of tributary enhancement projects pursu13 ant to this section’’ after ‘‘water right own14 ers’’; and 

15 (ii) in subparagraph (B), by inserting 

16 ‘‘nonparticipating’’ before ‘‘tributary water 

17 users’’; 

18 (3) in subsection (b)— 

19 (A) in paragraph (1)— 

20 (i) by striking the paragraph designa21 tion and all that follows through ‘‘(but not 

22 limited to)—’’ and inserting the following: 

23 ‘‘(1) IN GENERAL.—The Secretary, following 

24 consultation with the State of Washington, tributary 

25 water right owners, and the Yakama Nation, and on 


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1 agreement of appropriate water right owners, is au2 thorized to conduct studies to evaluate measures to 

3 further Yakima Project purposes on tributaries to 

4 the Yakima River. Enhancement programs that use 

5 measures authorized by this subsection may be in6 vestigated and implemented by the Secretary in trib7 utaries to the Yakima River, including Taneum 

8 Creek, other areas, or tributary basins that currently 

9 or could potentially be provided supplemental or 

10 transfer water by entities, such as the Kittitas Rec11 lamation District or the Yakima-Tieton Irrigation 

12 District, subject to the condition that activities may 

13 commence on completion of applicable and required 

14 feasibility studies, environmental reviews, and cost15 benefit analyses that include favorable recommenda16 tions for further project development, as appro17 priate. Measures to evaluate include—’’; 

18 (ii) by indenting subparagraphs (A) 

19 through (F) appropriately; 

20 (iii) in subparagraph (A), by inserting 

21 before the semicolon at the end the fol22 lowing: ‘‘, including irrigation efficiency 

23 improvements (in coordination with pro24 grams of the Department of Agriculture), 

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1 tion, and diversion scheduling or coordina2 tion’’; 

3 (iv) by redesignating subparagraphs 

4 (C) through (F) as subparagraphs (E) 

5 through (H), respectively; 

6 (v) by inserting after subparagraph 

7 (B) the following: 

8 ‘‘(C) improvements in irrigation system 

9 management or delivery facilities within the 

10 Yakima River basin when those improvements 

11 allow for increased irrigation system conveyance 

12 and corresponding reduction in diversion from 

13 tributaries or flow enhancements to tributaries 

14 through direct flow supplementation or ground15 water recharge; 

16 ‘‘(D) improvements of irrigation system 

17 management or delivery facilities to reduce or 

18 eliminate excessively high flows caused by the 

19 use of natural streams for conveyance or irriga20 tion water or return water;’’; 

21 (vi) in subparagraph (E) (as redesig22 nated by clause (iv)), by striking ‘‘ground 

23 water’’ and inserting ‘‘groundwater re24 charge and’’; 


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1 (vii) in subparagraph (G) (as redesig2 nated by clause (iv)), by inserting ‘‘or 

3 transfer’’ after ‘‘purchase’’; and 

4 (viii) in subparagraph (H) (as redesig5 nated by clause (iv)), by inserting ‘‘stream 

6 processes and’’ before ‘‘stream habitats’’; 

7 (B) in paragraph (2)— 

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘the Taneum Creek 

10 study’’ and inserting ‘‘studies under this 

11 subsection’’; 

12 (ii) in subparagraph (B)— 

13 (I) by striking ‘‘and economic’’ 

14 and inserting ‘‘, infrastructure, eco15 nomic, and land use’’; and 

16 (II) by striking ‘‘and’’ at the end; 

17 (iii) in subparagraph (C), by striking 

18 the period at the end and inserting ‘‘; 

19 and’’; and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(D) any related studies already underway 

23 or undertaken.’’; and 


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1 (C) in paragraph (3), in the first sentence, 

2 by inserting ‘‘of each tributary or group of trib3 utaries’’ after ‘‘study’’; 

4 (4) in subsection (c)— 

5 (A) in the heading, by inserting ‘‘AND

6 NONSURFACE STORAGE’’ after ‘‘NONSTOR7 AGE’’; and 

8 (B) in the matter preceding paragraph (1), 

9 by inserting ‘‘and nonsurface storage’’ after 

10 ‘‘nonstorage’’; 

11 (5) by striking subsection (d); 

12 (6) by redesignating subsection (e) as sub13 section (d); and 

14 (7) in paragraph (2) of subsection (d) (as so re15 designated)— 

16 (A) in the first sentence— 

17 (i) by inserting ‘‘and implementation’’ 

18 after ‘‘investigation’’; 

19 (ii) by striking ‘‘other’’ before ‘‘Yak20 ima River’’; and 

21 (iii) by inserting ‘‘and other water 

22 supply entities’’ after ‘‘owners’’; and 

23 (B) by striking the second sentence. 

24 (e) CHANDLER PUMPING PLANT AND POWERPLANT25 OPERATIONS AT PROSSER DIVERSION DAM.—Section 


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1 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 

2 Stat. 1425) is amended by inserting ‘‘negatively’’ before 

3 ‘‘affected’’. 

4 (f) INTERIM COMPREHENSIVE BASIN OPERATING

5 PLAN.—Section 1210(c) of Public Law 103–434 (108 

6 Stat. 4564) is amended by striking ‘‘$100,000’’ and in7 serting ‘‘$200,000’’. 

8 (g) ENVIRONMENTAL COMPLIANCE.—Section 1211 

9 of Public Law 103–434 (108 Stat. 4564) is amended by 

10 striking ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’. 

11 SEC. 9205. AUTHORIZATION OF PHASE III OF YAKIMA RIVER 

12 BASIN WATER ENHANCEMENT PROJECT. 

13 Title XII of Public Law 103–434 (108 Stat. 4550) 

14 is amended by adding at the end the following: 

15 ‘‘SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS 

16 PHASE III OF YAKIMA RIVER BASIN WATER 

17 ENHANCEMENT PROJECT. 

18 ‘‘(a) INTEGRATED PLAN.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall imple20 ment the Integrated Plan as Phase III of the Yak21 ima River Basin Water Enhancement Project in ac22 cordance with this section and applicable laws. 

23 ‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN24 TEGRATED PLAN.— 


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1 ‘‘(A) IN GENERAL.—The Secretary, in co2 ordination with the State of Washington and 

3 Yakama Nation and subject to feasibility stud4 ies, environmental reviews, and the availability 

5 of appropriations, shall implement an initial de6 velopment phase of the Integrated Plan, to— 

7 ‘‘(i) complete the planning, design, 

8 and construction or development of up9 stream and downstream fish passage facili10 ties, as previously authorized by the Hoo11 ver Power Plant Act of 1984 (43 U.S.C. 

12 619 et seq.) at Cle Elum Reservoir and an13 other Yakima Project reservoir identified 

14 by the Secretary as consistent with the In15 tegrated Plan, subject to the condition 

16 that, if the Yakima Project reservoir iden17 tified by the Secretary contains a hydro18 power project licensed by the Federal En19 ergy Regulatory Commission, the Secretary 

20 shall cooperate with the Federal Energy 

21 Regulatory Commission in a timely manner 

22 to ensure that actions taken by the Sec23 retary are consistent with the applicable 

24 hydropower project license; 


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1 ‘‘(ii) negotiate long-term agreements 

2 with participating proratable irrigation en3 tities in the Yakima Basin and, acting 

4 through the Bureau of Reclamation, co5 ordinate between Bureaus of the Depart6 ment of the Interior and with the heads of 

7 other Federal agencies to negotiate agree8 ments concerning leases, easements, and 

9 rights-of-way on Federal land, and other 

10 terms and conditions determined to be nec11 essary to allow for the non-Federal financ12 ing, construction, operation, and mainte13 nance of— 

14 ‘‘(I) new facilities needed to ac15 cess and deliver inactive storage in 

16 Lake Kachess for the purpose of pro17 viding drought relief for irrigation 

18 (known as the ‘Kachess Drought Re19 lief Pumping Plant’); and 

20 ‘‘(II) a conveyance system to 

21 allow transfer of water between 

22 Keechelus Reservoir to Kachess Res23 ervoir for purposes of improving oper24 ational flexibility for the benefit of 


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1 both fish and irrigation (known as the 

2 ‘K to K Pipeline’); 

3 ‘‘(iii) participate in, provide funding 

4 for, and accept non-Federal financing 

5 for— 

6 ‘‘(I) water conservation projects, 

7 not subject to the provisions of the 

8 Basin Conservation Program de9 scribed in section 1203, that are in10 tended to partially implement the In11 tegrated Plan by providing 85,000 

12 acre-feet of conserved water to im13 prove tributary and mainstem stream 

14 flow; and 

15 ‘‘(II) aquifer storage and recov16 ery projects; 

17 ‘‘(iv) study, evaluate, and conduct fea18 sibility analyses and environmental reviews 

19 of fish passage, water supply (including 

20 groundwater and surface water storage), 

21 conservation, habitat restoration projects, 

22 and other alternatives identified as con23 sistent with the purposes of this Act, for 

24 the initial and future phases of the Inte25 grated Plan; 


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1 ‘‘(v) coordinate with and assist the 

2 State of Washington in implementing a ro3 bust water market to enhance water man4 agement in the Yakima River basin, in5 cluding— 

6 ‘‘(I) assisting in identifying ways 

7 to encourage and increase the use of, 

8 and reduce the barriers to, water 

9 transfers, leasing, markets, and other 

10 voluntary transactions among public 

11 and private entities in the Yakima 

12 River basin; 

13 ‘‘(II) providing technical assist14 ance, including scientific data and 

15 market information; and 

16 ‘‘(III) negotiating agreements 

17 that would facilitate voluntary water 

18 transfers between entities, including 

19 as appropriate, the use of federally 

20 managed infrastructure; and 

21 ‘‘(vi) enter into cooperative agree22 ments with, or, subject to a minimum non23 Federal cost-sharing requirement of 50 

24 percent, make grants to, the Yakama Na25 tion, the State of Washington, Yakima 


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1 River basin irrigation districts, water dis2 tricts, conservation districts, other local 

3 governmental entities, nonprofit organiza4 tions, and land owners to carry out this 

5 title under such terms and conditions as 

6 the Secretary may require, including the 

7 following purposes: 

8 ‘‘(I) Land and water transfers, 

9 leases, and acquisitions from willing 

10 participants, so long as the acquiring 

11 entity shall hold title and be respon12 sible for any and all required oper13 ations, maintenance, and management 

14 of that land and water. 

15 ‘‘(II) To combine or relocate di16 version points, remove fish barriers, 

17 or for other activities that increase 

18 flows or improve habitat in the Yak19 ima River and its tributaries in fur20 therance of this title. 

21 ‘‘(III) To implement, in partner22 ship with Federal and non-Federal en23 tities, projects to enhance the health 

24 and resilience of the watershed. 


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1 ‘‘(B) COMMENCEMENT DATE.—The Sec2 retary shall commence implementation of the 

3 activities included under the initial development 

4 phase pursuant to this paragraph— 

5 ‘‘(i) on the date of enactment of this 

6 section; and 

7 ‘‘(ii) on completion of applicable feasi8 bility studies, environmental reviews, and 

9 cost-benefit analyses that include favorable 

10 recommendations for further project devel11 opment. 

12 ‘‘(3) INTERMEDIATE AND FINAL PHASES.— 

13 ‘‘(A) IN GENERAL.—The Secretary, in co14 ordination with the State of Washington and in 

15 consultation with the Yakama Nation, shall de16 velop plans for intermediate and final develop17 ment phases of the Integrated Plan to achieve 

18 the purposes of this Act, including conducting 

19 applicable feasibility studies, environmental re20 views, and other relevant studies needed to de21 velop the plans. 

22 ‘‘(B) INTERMEDIATE PHASE.—The Sec23 retary shall develop an intermediate develop24 ment phase to implement the Integrated Plan 

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1 tion, would commence not later than 10 years 

2 after the date of enactment of this section. 

3 ‘‘(C) FINAL PHASE.—The Secretary shall 

4 develop a final development phase to implement 

5 the Integrated Plan that, subject to authoriza6 tion and appropriation, would commence not 

7 later than 20 years after the date of enactment 

8 of this section. 

9 ‘‘(4) CONTINGENCIES.—The implementation by 

10 the Secretary of projects and activities identified for 

11 implementation under the Integrated Plan shall be— 

12 ‘‘(A) subject to authorization and appro13 priation; 

14 ‘‘(B) contingent on the completion of appli15 cable feasibility studies, environmental reviews, 

16 and cost-benefit analyses that include favorable 

17 recommendations for further project develop18 ment; 

19 ‘‘(C) implemented on public review and a 

20 determination by the Secretary that design, 

21 construction, and operation of a proposed 

22 project or activity is in the best interest of the 

23 public; and 

24 ‘‘(D) in compliance with all applicable 

25 laws, including the National Environmental 


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1 Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

2 and the Endangered Species Act of 1973 (16 

3 U.S.C. 1531 et seq.). 

4 ‘‘(5) PROGRESS REPORT.— 

5 ‘‘(A) IN GENERAL.—Not later than 5 years 

6 after the date of enactment of this section, the 

7 Secretary, in conjunction with the State of 

8 Washington and in consultation with the 

9 Yakama Nation, shall submit to the Committee 

10 on Energy and Natural Resources of the Senate 

11 and the Committee on Natural Resources of the 

12 House of Representatives a progress report on 

13 the development and implementation of the In14 tegrated Plan. 

15 ‘‘(B) REQUIREMENTS.—The progress re16 port under this paragraph shall— 

17 ‘‘(i) provide a review and reassess18 ment, if needed, of the objectives of the In19 tegrated Plan, as applied to all elements of 

20 the Integrated Plan; 

21 ‘‘(ii) assess, through performance 

22 metrics developed at the initiation of, and 

23 measured throughout the implementation 

24 of, the Integrated Plan, the degree to 

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1 velopment phase addresses the objectives 

2 and all elements of the Integrated Plan; 

3 ‘‘(iii) identify the amount of Federal 

4 funding and non-Federal contributions re5 ceived and expended during the period cov6 ered by the report; 

7 ‘‘(iv) describe the pace of project de8 velopment during the period covered by the 

9 report; 

10 ‘‘(v) identify additional projects and 

11 activities proposed for inclusion in any fu12 ture phase of the Integrated Plan to ad13 dress the objectives of the Integrated Plan, 

14 as applied to all elements of the Integrated 

15 Plan; and 

16 ‘‘(vi) for water supply projects— 

17 ‘‘(I) provide a preliminary discus18 sion of the means by which— 

19 ‘‘(aa) water and costs asso20 ciated with each recommended 

21 project would be allocated among 

22 authorized uses; and 

23 ‘‘(bb) those allocations 

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1 jectives of the Integrated Plan; 

2 and 

3 ‘‘(II) establish a plan for solic4 iting and formalizing subscriptions 

5 among individuals and entities for 

6 participation in any of the rec7 ommended water supply projects that 

8 will establish the terms for participa9 tion, including fiscal obligations asso10 ciated with subscription. 

11 ‘‘(b) FINANCING, CONSTRUCTION, OPERATION, AND

12 MAINTENANCE OF KACHESS DROUGHT RELIEF PUMPING

13 PLANT AND K TO K PIPELINE.— 

14 ‘‘(1) AGREEMENTS.—Long-term agreements ne15 gotiated between the Secretary and participating 

16 proratable irrigation entities in the Yakima Basin 

17 for the non-Federal financing, construction, oper18 ation, and maintenance of the Drought Relief Pump19 ing Plant and K to K Pipeline shall include provi20 sions regarding— 

21 ‘‘(A) responsibilities of the participating 

22 proratable irrigation entities for the planning, 

23 design, and construction of infrastructure in 

24 consultation and coordination with the Sec25 retary; 


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1 ‘‘(B) property titles and responsibilities of 

2 the participating proratable irrigation entities 

3 for the maintenance of and liability for all in4 frastructure constructed under this title; 

5 ‘‘(C) operation and integration of the 

6 projects by the Secretary in the operation of the 

7 Yakima Project; 

8 ‘‘(D) costs associated with the design, fi9 nancing, construction, operation, maintenance, 

10 and mitigation of projects, with the costs of 

11 Federal oversight and review to be nonreim12 bursable to the participating proratable irriga13 tion entities and the Yakima Project; and 

14 ‘‘(E) responsibilities for the pumping and 

15 operational costs necessary to provide the total 

16 water supply available made inaccessible due to 

17 drought pumping during the preceding 1 or 

18 more calendar years, in the event that the 

19 Kachess Reservoir fails to refill as a result of 

20 pumping drought storage water during the pre21 ceding 1 or more calendar years, which shall re22 main the responsibility of the participating pro23 ratable irrigation entities. 

24 ‘‘(2) USE OF KACHESS RESERVOIR STORED

25 WATER.— 


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1 ‘‘(A) IN GENERAL.—The additional stored 

2 water made available by the construction of fa3 cilities to access and deliver inactive storage in 

4 Kachess Reservoir under subsection 

5 (a)(2)(A)(ii)(I) shall— 

6 ‘‘(i) be considered to be Yakima 

7 Project water; 

8 ‘‘(ii) not be part of the total water 

9 supply available, as that term is defined in 

10 various court rulings; and 

11 ‘‘(iii) be used exclusively by the Sec12 retary— 

13 ‘‘(I) to enhance the water supply 

14 in years when the total water supply 

15 available is not sufficient to provide 

16 70 percent of proratable entitlements 

17 in order to make that additional water 

18 available up to 70 percent of prorat19 able entitlements to the Kittitas Rec20 lamation District, the Roza Irrigation 

21 District, or other proratable irrigation 

22 entities participating in the construc23 tion, operation, and maintenance costs 

24 of the facilities under this title under 

25 such terms and conditions to which 


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1 the districts may agree, subject to the 

2 conditions that— 

3 ‘‘(aa) the Bureau of Indian 

4 Affairs, the Wapato Irrigation 

5 Project, and the Yakama Nation, 

6 on an election to participate, may 

7 also obtain water from Kachess 

8 Reservoir inactive storage to en9 hance applicable existing irriga10 tion water supply in accordance 

11 with such terms and conditions 

12 to which the Bureau of Indian 

13 Affairs and the Yakama Nation 

14 may agree; and 

15 ‘‘(bb) the additional supply 

16 made available under this clause 

17 shall be available to participating 

18 individuals and entities in pro19 portion to the proratable entitle20 ments of the participating indi21 viduals and entities, or in such 

22 other proportion as the partici23 pating entities may agree; and 

24 ‘‘(II) to facilitate reservoir oper25 ations in the reach of the Yakima 


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1 River between Keechelus Dam and 

2 Easton Dam for the propagation of 

3 anadromous fish. 

4 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing 

5 in this paragraph affects (as in existence on the 

6 date of enactment of this section) any contract, 

7 law (including regulations) relating to repay8 ment costs, water right, or Yakama Nation 

9 treaty right. 

10 ‘‘(3) COMMENCEMENT.—The Secretary shall 

11 not commence entering into agreements pursuant to 

12 subsection (a)(2)(A)(ii) or subsection (b)(1) or im13 plementing any activities pursuant to the agree14 ments before the date on which— 

15 ‘‘(A) all applicable and required feasibility 

16 studies, environmental reviews, and cost-benefit 

17 analyses have been completed and include favor18 able recommendations for further project devel19 opment, including an analysis of— 

20 ‘‘(i) the impacts of the agreements 

21 and activities conducted pursuant to sub22 section (a)(2)(A)(ii) on adjacent commu23 nities, including potential fire hazards, 

24 water access for fire districts, community 

25 and homeowner wells, future water levels 


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1 based on projected usage, recreational val2 ues, and property values; and 

3 ‘‘(ii) specific options and measures for 

4 mitigating the impacts, as appropriate; 

5 ‘‘(B) the Secretary has made the agree6 ments and any applicable project designs, oper7 ations plans, and other documents available for 

8 public review and comment in the Federal Reg9 ister for a period of not less than 60 days; and 

10 ‘‘(C) the Secretary has made a determina11 tion, consistent with applicable law, that the 

12 agreements and activities to which the agree13 ments relate— 

14 ‘‘(i) are in the public interest; and 

15 ‘‘(ii) could be implemented without 

16 significant adverse impacts to the environ17 ment. 

18 ‘‘(4) ELECTRICAL POWER ASSOCIATED WITH

19 KACHESS DROUGHT RELIEF PUMPING PLANT.— 

20 ‘‘(A) IN GENERAL.—The Administrator of 

21 the Bonneville Power Administration, pursuant 

22 to the Pacific Northwest Electric Power Plan23 ning and Conservation Act (16 U.S.C. 839 et 

24 seq.), shall provide to the Secretary project 

25 power to operate the Kachess Pumping Plant 


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1 constructed under this title if inactive storage 

2 in Kachess Reservoir is needed to provide 

3 drought relief for irrigation, subject to the re4 quirements of subparagraphs (B) and (C). 

5 ‘‘(B) DETERMINATION.—Power may be 

6 provided under subparagraph (A) only if— 

7 ‘‘(i) there is in effect a drought dec8 laration issued by the State of Washington; 

9 ‘‘(ii) there are conditions that have led 

10 to 70 percent or less water delivery to pro11 ratable irrigation districts, as determined 

12 by the Secretary; and 

13 ‘‘(iii) the Secretary determines that it 

14 is appropriate to provide power under that 

15 subparagraph. 

16 ‘‘(C) PERIOD OF AVAILABILITY.—Power 

17 under subparagraph (A) shall be provided until 

18 the date on which the Secretary determines that 

19 power should no longer be provided under that 

20 subparagraph, but for not more than a 1-year 

21 period or the period during which the Secretary 

22 determines that drought mitigation measures 

23 are necessary in the Yakima River basin. 

24 ‘‘(D) RATE.—The Administrator of the 

25 Bonneville Power Administration shall provide 


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1 power under subparagraph (A) at the then-ap2 plicable lowest Bonneville Power Administration 

3 rate for public body, cooperative, and Federal 

4 agency customers firm obligations, which as of 

5 the date of enactment of this section is the pri6 ority firm Tier 1 rate, and shall not include any 

7 irrigation discount. 

8 ‘‘(E) LOCAL PROVIDER.—During any pe9 riod in which power is not being provided under 

10 subparagraph (A), the power needed to operate 

11 the Kachess Pumping Plant shall be obtained 

12 by the Secretary from a local provider. 

13 ‘‘(F) COSTS.—The cost of power for such 

14 pumping, station service power, and all costs of 

15 transmitting power from the Federal Columbia 

16 River Power System to the Yakima Enhance17 ment Project pumping facilities shall be borne 

18 by irrigation districts receiving the benefits of 

19 that water. 

20 ‘‘(G) DUTIES OF COMMISSIONER.—The 

21 Commissioner of Reclamation shall be respon22 sible for arranging transmission for deliveries of 

23 Federal power over the Bonneville system 

24 through applicable tariff and business practice 

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1 ranging transmission for deliveries of power ob2 tained from a local provider. 

3 ‘‘(c) DESIGN AND USE OF GROUNDWATER RE4 CHARGE PROJECTS.— 

5 ‘‘(1) IN GENERAL.—Any water supply that re6 sults from an aquifer storage and recovery project 

7 shall not be considered to be a part of the total 

8 water supply available if— 

9 ‘‘(A) the water for the aquifer storage and 

10 recovery project would not be available for use, 

11 but instead for the development of the project; 

12 ‘‘(B) the aquifer storage and recovery 

13 project will not otherwise impair any water sup14 ply available for any individual or entity entitled 

15 to use the total water supply available; and 

16 ‘‘(C) the development of the aquifer stor17 age and recovery project will not impair fish or 

18 other aquatic life in any localized stream reach. 

19 ‘‘(2) PROJECT TYPES.—The Secretary may pro20 vide technical assistance for, and participate in, any 

21 of the following 3 types of groundwater recharge 

22 projects (including the incorporation of groundwater 

23 recharge projects into Yakima Project operations, as 

24 appropriate): 


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1 ‘‘(A) Aquifer recharge projects designed to 

2 redistribute Yakima Project water within a 

3 water year for the purposes of supplementing 

4 stream flow during the irrigation season, par5 ticularly during storage control, subject to the 

6 condition that if such a project is designed to 

7 supplement a mainstem reach, the water supply 

8 that results from the project shall be credited to 

9 instream flow targets, in lieu of using the total 

10 water supply available to meet those targets. 

11 ‘‘(B) Aquifer storage and recovery projects 

12 that are designed, within a given water year or 

13 over multiple water years— 

14 ‘‘(i) to supplement or mitigate for mu15 nicipal uses; 

16 ‘‘(ii) to supplement municipal supply 

17 in a subsurface aquifer; or 

18 ‘‘(iii) to mitigate the effect of ground19 water use on instream flow or senior water 

20 rights. 

21 ‘‘(C) Aquifer storage and recovery projects 

22 designed to supplement existing irrigation water 

23 supply, or to store water in subsurface aquifers, 

24 for use by the Kittitas Reclamation District, 

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1 ratable irrigation entity participating in the re2 payment of the construction, operation, and 

3 maintenance costs of the facilities under this 

4 section during years in which the total water 

5 supply available is insufficient to provide to 

6 those proratable irrigation entities all water to 

7 which the entities are entitled, subject to the 

8 conditions that— 

9 ‘‘(i) the Bureau of Indian Affairs, the 

10 Wapato Irrigation Project, and the 

11 Yakama Nation, on an election to partici12 pate, may also obtain water from aquifer 

13 storage to enhance applicable existing irri14 gation water supply in accordance with 

15 such terms and conditions to which the 

16 Bureau of Indian Affairs and the Yakama 

17 Nation may agree; and 

18 ‘‘(ii) nothing in this subparagraph af19 fects (as in existence on the date of enact20 ment of this section) any contract, law (in21 cluding regulations) relating to repayment 

22 costs, water right, or Yakama Nation trea23 ty right. 

24 ‘‘(d) FEDERAL COST-SHARE.— 


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1 ‘‘(1) IN GENERAL.—The Federal cost-share of a 

2 project carried out under this section shall be deter3 mined in accordance with the applicable laws (in4 cluding regulations) and policies of the Bureau of 

5 Reclamation. 

6 ‘‘(2) INITIAL PHASE.—The Federal cost-share 

7 for the initial development phase of the Integrated 

8 Plan shall not exceed 50 percent of the total cost of 

9 the initial development phase. 

10 ‘‘(3) STATE AND OTHER CONTRIBUTIONS.—The 

11 Secretary may accept as part of the non-Federal 

12 cost-share of a project carried out under this section, 

13 and expend as if appropriated, any contribution (in14 cluding in-kind services) by the State of Washington 

15 or any other individual or entity that the Secretary 

16 determines will enhance the conduct and completion 

17 of the project. 

18 ‘‘(4) LIMITATION ON USE OF OTHER FEDERAL

19 FUNDS.—Except as otherwise provided in this title, 

20 other Federal funds may not be used to provide the 

21 non-Federal cost-share of a project carried out 

22 under this section. 

23 ‘‘(e) SAVINGS AND CONTINGENCIES.—Nothing in this 

24 section shall— 


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1 ‘‘(1) be a new or supplemental benefit for pur2 poses of the Reclamation Reform Act of 1982 (43 

3 U.S.C. 390aa et seq.); 

4 ‘‘(2) affect any contract in existence on the date 

5 of enactment of this section that was executed pur6 suant to the reclamation laws; 

7 ‘‘(3) affect any contract or agreement between 

8 the Bureau of Indian Affairs and the Bureau of 

9 Reclamation; 

10 ‘‘(4) affect, waive, abrogate, diminish, define, or 

11 interpret the treaty between the Yakama Nation and 

12 the United States; or 

13 ‘‘(5) constrain the continued authority of the 

14 Secretary to provide fish passage in the Yakima 

15 Basin in accordance with the Hoover Power Plant 

16 Act of 1984 (43 U.S.C. 619 et seq.). 

17 ‘‘SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES. 

18 ‘‘The Secretary shall retain authority and discretion 

19 over the management of project supplies to optimize oper20 ational use and flexibility to ensure compliance with all 

21 applicable Federal and State laws, treaty rights of the 

22 Yakama Nation, and legal obligations, including those 

23 contained in this Act. That authority and discretion in24 cludes the ability of the United States to store, deliver, 


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1 conserve, and reuse water supplies deriving from projects 

2 authorized under this title.’’. 

3 Subtitle D—Klamath Project Water 

4 and Power 

5 SEC. 9301. KLAMATH PROJECT. 

6 (a) ADDRESSING WATER MANAGEMENT AND POWER

7 COSTS FOR IRRIGATION.—The Klamath Basin Water 

8 Supply Enhancement Act of 2000 (Public Law 106–498; 

9 114 Stat. 2221) is amended— 

10 (1) by redesignating sections 4 through 6 as 

11 sections 5 through 7, respectively; and 

12 (2) by inserting after section 3 the following: 

13 ‘‘SEC. 4. POWER AND WATER MANAGEMENT. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) COVERED POWER USE.—The term ‘covered 

16 power use’ means a use of power to develop or man17 age water for irrigation, wildlife purposes, or drain18 age on land that is— 

19 ‘‘(A) associated with the Klamath Project, 

20 including land within a unit of the National 

21 Wildlife Refuge System that receives water due 

22 to the operation of Klamath Project facilities; 

23 or 

24 ‘‘(B) irrigated by the class of users covered 

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1 tween the California Oregon Power Company 

2 and Klamath Basin Water Users Protective As3 sociation and within the Off Project Area (as 

4 defined in the Upper Basin Comprehensive 

5 Agreement entered into on April 18, 2014), 

6 only if each applicable owner and holder of a 

7 possessory interest of the land is a party to that 

8 agreement (or a successor agreement that the 

9 Secretary determines provides a comparable 

10 benefit to the United States). 

11 ‘‘(2) KLAMATH PROJECT.— 

12 ‘‘(A) IN GENERAL.—The term ‘Klamath 

13 Project’ means the Bureau of Reclamation 

14 project in the States of California and Oregon. 

15 ‘‘(B) INCLUSIONS.—The term ‘Klamath 

16 Project’ includes any dams, canals, and other 

17 works and interests for water diversion, storage, 

18 delivery, and drainage, flood control, and simi19 lar functions that are part of the project de20 scribed in subparagraph (A). 

21 ‘‘(3) POWER COST BENCHMARK.—The term 

22 ‘power cost benchmark’ means the average net deliv23 ered cost of power for irrigation and drainage at 

24 Reclamation projects in the area surrounding the 

25 Klamath Project that are similarly situated to the 


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1 Klamath Project, including Reclamation projects 

2 that— 

3 ‘‘(A) are located in the Pacific Northwest; 

4 and 

5 ‘‘(B) receive project-use power. 

6 ‘‘(b) WATER, ENVIRONMENTAL, AND POWER ACTIVI7 TIES.— 

8 ‘‘(1) IN GENERAL.—Pursuant to the reclama9 tion laws and subject to appropriations and required 

10 environmental reviews, the Secretary may carry out 

11 activities, including entering into an agreement or 

12 contract or otherwise making financial assistance 

13 available— 

14 ‘‘(A) to plan, implement, and administer 

15 programs to align water supplies and demand 

16 for irrigation water users associated with the 

17 Klamath Project, with a primary emphasis on 

18 programs developed or endorsed by local enti19 ties comprised of representatives of those water 

20 users; 

21 ‘‘(B) to plan and implement activities and 

22 projects that— 

23 ‘‘(i) avoid or mitigate environmental 

24 effects of irrigation activities; or 


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1 ‘‘(ii) restore habitats in the Klamath 

2 Basin watershed, including restoring tribal 

3 fishery resources held in trust; and 

4 ‘‘(C) to limit the net delivered cost of 

5 power for covered power uses. 

6 ‘‘(2) EFFECT.—Nothing in subparagraph (A) 

7 or (B) of paragraph (1) authorizes the Secretary— 

8 ‘‘(A) to develop or construct new facilities 

9 for the Klamath Project without appropriate 

10 approval from Congress under section 9 of the 

11 Reclamation Projects Act of 1939 (43 U.S.C. 

12 485h); or 

13 ‘‘(B) to carry out activities that have not 

14 otherwise been authorized. 

15 ‘‘(c) REDUCING POWER COSTS.— 

16 ‘‘(1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of the Energy and Nat18 ural Resources Act of 2017, the Secretary, in con19 sultation with interested irrigation interests that are 

20 eligible for covered power use and representative or21 ganizations of those interests, shall submit to the 

22 Committee on Energy and Natural Resources of the 

23 Senate and the Committee on Natural Resources of 

24 the House of Representatives a report that— 


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1 ‘‘(A) identifies the power cost benchmark; 

2 and 

3 ‘‘(B) recommends actions that, in the judg4 ment of the Secretary, are necessary and appro5 priate to ensure that the net delivered power 

6 cost for covered power use is equal to or less 

7 than the power cost benchmark, including a de8 scription of— 

9 ‘‘(i) actions to immediately reduce 

10 power costs and to have the net delivered 

11 power cost for covered power use be equal 

12 to or less than the power cost benchmark 

13 in the near term, while longer-term actions 

14 are being implemented; 

15 ‘‘(ii) actions that prioritize water and 

16 power conservation and efficiency measures 

17 and, to the extent actions involving the de18 velopment or acquisition of power genera19 tion are included, renewable energy tech20 nologies (including hydropower); 

21 ‘‘(iii) the potential costs and timeline 

22 for the actions recommended under this 

23 subparagraph; 


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1 ‘‘(iv) provisions for modifying the ac2 tions and timeline to adapt to new infor3 mation or circumstances; and 

4 ‘‘(v) a description of public input re5 garding the proposed actions, including 

6 input from water users that have covered 

7 power use and the degree to which those 

8 water users concur with the recommenda9 tions. 

10 ‘‘(2) IMPLEMENTATION.—Not later than 180 

11 days after the date of submission of the report 

12 under paragraph (1), the Secretary shall implement 

13 those recommendations described in the report that 

14 the Secretary determines will ensure that the net de15 livered power cost for covered power use is equal to 

16 or less than the power cost benchmark, subject to 

17 availability of appropriations, on the fastest prac18 ticable timeline. 

19 ‘‘(3) ANNUAL REPORTS.—The Secretary shall 

20 submit to each Committee described in paragraph 

21 (1) annual reports describing progress achieved in 

22 meeting the requirements of this subsection. 

23 ‘‘(d) TREATMENT OF POWER PURCHASES.— 

24 ‘‘(1) IN GENERAL.—Any purchase of power by 

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1 tration under this section shall be considered to be 

2 an authorized sale for purposes of section 5(b)(3) of 

3 the Pacific Northwest Electric Power Planning and 

4 Conservation Act (16 U.S.C. 839c(b)(3)). 

5 ‘‘(2) EFFECT.—Nothing in this section author6 izes a sale of power from the Federal Columbia 

7 River Power System at rates, terms, or conditions 

8 better than those afforded preference customers of 

9 the Bonneville Power Administration. 

10 ‘‘(e) GOALS.—The goals of activities under sub11 sections (b) and (c) shall include, as applicable— 

12 ‘‘(1) the short-term and long-term reduction 

13 and resolution of conflicts relating to water in the 

14 Klamath Basin watershed; and 

15 ‘‘(2) compatibility and utility for protecting nat16 ural resources throughout the Klamath Basin water17 shed, including the protection, preservation, and res18 toration of Klamath River tribal fishery resources, 

19 particularly through collaboratively developed agree20 ments. 

21 ‘‘(f) PUMPING PLANT D.—The Secretary may enter 

22 into 1 or more agreements with the Tulelake Irrigation 

23 District to reimburse the Tulelake Irrigation District for 

24 not more than 69 percent of the cost incurred by the 

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1 nance of Pumping Plant D, on the condition that the cost 

2 benefits the United States.’’. 

3 (b) CONVEYANCE OF NON-PROJECT WATER; RE4 PLACEMENT OF C CANAL.— 

5 (1) DEFINITION OF KLAMATH PROJECT.—In 

6 this subsection: 

7 (A) IN GENERAL.—The term ‘‘Klamath 

8 Project’’ means the Bureau of Reclamation 

9 project in the States of California and Oregon. 

10 (B) INCLUSIONS.—The term ‘‘Klamath 

11 Project’’ includes any dams, canals, and other 

12 works and interests for water diversion, storage, 

13 delivery, and drainage, flood control, and simi14 lar functions that are part of the project de15 scribed in subparagraph (A). 

16 (2) CONVEYANCE OF NON-PROJECT WATER.— 

17 (A) IN GENERAL.—An entity operating 

18 under a contract entered into with the United 

19 States for the operation and maintenance of 

20 Klamath Project works or facilities, and an en21 tity operating any work or facility not owned by 

22 the United States that receives Klamath Project 

23 water, may use any of the Klamath Project 

24 works or facilities to convey non-Klamath 

25 Project water for any authorized purpose of the 


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1 Klamath Project, subject to subparagraphs (B) 

2 and (C). 

3 (B) PERMITS; MEASUREMENT.—An addi4 tion, conveyance, and use of water pursuant to 

5 subparagraph (A) shall be subject to the re6 quirements that— 

7 (i) the applicable entity shall secure 

8 all permits required under State or local 

9 laws; and 

10 (ii) all water delivered into, or taken 

11 out of, a Klamath Project facility pursuant 

12 to that subparagraph shall be measured. 

13 (C) EFFECT.—A use of non-Klamath 

14 Project water under this paragraph shall not— 

15 (i) adversely affect the delivery of 

16 water to any water user or land served by 

17 the Klamath Project; or 

18 (ii) result in any additional cost to the 

19 United States. 

20 (3) REPLACEMENT OF C CANAL FLUME.—The 

21 replacement of the C Canal flume within the Klam22 ath Project shall be considered to be, and shall re23 ceive the treatment authorized for, emergency ex24 traordinary operation and maintenance work in ac25 cordance with Federal reclamation law (the Act of 


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1 June 17, 1902 (32 Stat. 388, chapter 1093), and 

2 Acts supplemental to and amendatory of that Act 

3 (43 U.S.C. 371 et seq.)). 

4 (c) ADMINISTRATION.— 

5 (1) COMPLIANCE.—In implementing this sec6 tion and the amendments made by this section, the 

7 Secretary shall comply with— 

8 (A) the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.); 

10 (B) the Endangered Species Act of 1973 

11 (16 U.S.C. 1531 et seq.); and 

12 (C) all other applicable laws. 

13 (2) EFFECT.—Nothing in this section— 

14 (A) modifies the authorities or obligations 

15 of the United States with respect to the tribal 

16 trust and treaty obligations of the United 

17 States; 

18 (B) creates or determines water rights or 

19 affects water rights or water right claims in ex20 istence on the date of enactment of this Act; or 

21 (C) authorizes the use of Federal funds for 

22 the physical deconstruction of the Iron Gate, 

23 Copco 1, Copco 2, and John C. Boyle dams lo24 cated on the Klamath River in California and 

25 Oregon. 


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1 Subtitle E—Equus Beds Division 

2 Extension 

3 SEC. 9401. EQUUS BEDS DIVISION EXTENSION. 

4 Section 10(h) of Public Law 86–787 (74 Stat. 1026; 

5 120 Stat. 1474) is amended by striking ‘‘10 years’’ and 

6 inserting ‘‘20 years’’. 

7 TITLE X—NATURAL HAZARDS 

8 Subtitle A—National Volcano Early 

9 Warning and Monitoring System 

10 SEC. 10001. DEFINITIONS. 

11 In this subtitle: 

12 (1) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary, acting through the Director of the 

14 United States Geological Survey. 

15 (2) SYSTEM.—The term ‘‘System’’ means the 

16 National Volcano Early Warning and Monitoring 

17 System established under section 10002(a)(1). 

18 SEC. 10002. NATIONAL VOLCANO EARLY WARNING AND 

19 MONITORING SYSTEM. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—The Secretary shall establish 

22 within the United States Geological Survey a sys23 tem, to be known as the ‘‘National Volcano Early 

24 Warning and Monitoring System’’, to monitor, warn, 


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1 and protect citizens of the United States from undue 

2 and avoidable harm from volcanic activity. 

3 (2) PURPOSES.—The purposes of the System 

4 are— 

5 (A) to organize, modernize, standardize, 

6 and stabilize the monitoring systems of the vol7 cano observatories in the United States, which 

8 includes the Alaska Volcano Observatory, Cali9 fornia Volcano Observatory, Cascades Volcano 

10 Observatory, Hawaiian Volcano Observatory, 

11 and Yellowstone Volcano Observatory; and 

12 (B) to unify the monitoring systems of vol13 cano observatories in the United States into a 

14 single interoperative system. 

15 (3) OBJECTIVE.—The objective of the System is 

16 to monitor all the volcanoes in the United States at 

17 a level commensurate with the threat posed by the 

18 volcanoes by— 

19 (A) upgrading existing networks on mon20 itored volcanoes; 

21 (B) installing new networks on 

22 unmonitored volcanoes; and 

23 (C) employing geodetic and other compo24 nents when applicable. 

25 (b) SYSTEM COMPONENTS.— 


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1 (1) IN GENERAL.—The System shall include— 

2 (A) a national volcano watch office that is 

3 operational 24 hours a day and 7 days a week; 

4 (B) a national volcano data center; and 

5 (C) an external grants program to support 

6 research in volcano monitoring science and 

7 technology. 

8 (2) MODERNIZATION ACTIVITIES.—Moderniza9 tion activities under the System shall include the 

10 comprehensive application of emerging technologies, 

11 including digital broadband seismometers, real-time 

12 continuous Global Positioning System receivers, sat13 ellite and airborne radar interferometry, acoustic 

14 pressure sensors, and spectrometry to measure gas 

15 emissions. 

16 (c) MANAGEMENT.— 

17 (1) MANAGEMENT PLAN.— 

18 (A) IN GENERAL.—Not later than 180 

19 days after the date of enactment of this Act, 

20 the Secretary shall submit to Congress a 5-year 

21 management plan for establishing and oper22 ating the System. 

23 (B) INCLUSIONS.—The management plan 

24 submitted under subparagraph (A) shall in25 clude— 


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1 (i) annual cost estimates for mod2 ernization activities and operation of the 

3 System; 

4 (ii) annual milestones, standards, and 

5 performance goals; and 

6 (iii) recommendations for, and 

7 progress towards, establishing new, or en8 hancing existing, partnerships to leverage 

9 resources. 

10 (2) ADVISORY COMMITTEE.—The Secretary 

11 shall establish an advisory committee to assist the 

12 Secretary in implementing the System, to be com13 prised of representatives of relevant agencies and 

14 members of the scientific community, to be ap15 pointed by the Secretary. 

16 (3) PARTNERSHIPS.—The Secretary may enter 

17 into cooperative agreements with institutions of 

18 higher education and State agencies designating the 

19 institutions of higher education and State agencies 

20 as volcano observatory partners for the System. 

21 (4) COORDINATION.—The Secretary shall co22 ordinate the activities under this subtitle with the 

23 heads of relevant Federal agencies, including— 

24 (A) the Secretary of Transportation; 


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1 (B) the Administrator of the Federal Avia2 tion Administration; 

3 (C) the Administrator of the National Oce4 anic and Atmospheric Administration; and 

5 (D) the Director of the Federal Emergency 

6 Management Administration. 

7 (d) ANNUAL REPORT.—Annually, the Secretary shall 

8 submit to Congress a report that describes the activities 

9 carried out under this subtitle. 

10 SEC. 10003. FUNDING. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as are nec13 essary to carry out this subtitle for each of fiscal years 

14 2017 through 2027. 

15 (b) EFFECT ON OTHER SOURCES OF FEDERAL

16 FUNDING.—Amounts made available under this section 

17 shall supplement, and not supplant, Federal funds made 

18 available for other United States Geological Survey haz19 ards activities and programs. 

20 Subtitle B—National Landslide 

21 Hazards Reduction Program 

22 SEC. 10101. DEFINITIONS. 

23 In this subtitle: 

24 (1) 3D.—The term ‘‘3D’’ means 3-dimensional. 

25 (2) 3D ELEVATION DATA.— 


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1 (A) IN GENERAL.—The term ‘‘3D ele2 vation data’’ means 3D, high-resolution data 

3 obtained using lidar, ifsar, or other methods 

4 over the United States (including territories). 

5 (B) INCLUSIONS.—The term ‘‘3D elevation 

6 data’’ includes terrestrial and bathymetric ele7 vation data. 

8 (3) 3D ELEVATION PROGRAM.—The term ‘‘3D 

9 Elevation Program’’ means the 3D Elevation Pro10 gram established under section 10104(a). 

11 (4) IFSAR.—The term ‘‘ifsar’’ means 

12 interferometric synthetic aperture radar. 

13 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

14 has the meaning given the term in section 4 of the 

15 Indian Self-Determination and Education Assistance 

16 Act (25 U.S.C. 5304). 

17 (6) LIDAR.—The term ‘‘lidar’’ means light de18 tection and ranging. 

19 (7) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary, acting through the Director of the 

21 United States Geological Survey. 

22 (8) STATE.—The term ‘‘State’’ means any unit 

23 of State government handling the identification, 

24 mapping, assessment, and research of landslide haz25 ards or responding to landslide events, including— 


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1 (A) a State geological survey office; 

2 (B) a State department of emergency re3 sponse; and 

4 (C) a State department of transportation. 

5 SEC. 10102. NATIONAL LANDSLIDE HAZARDS REDUCTION 

6 PROGRAM. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 a program, to be known as the ‘‘National Landslide Haz9 ards Reduction Program’’ (referred to in this section as 

10 the ‘‘program’’)— 

11 (1) to identify and understand landslide haz12 ards and risks; 

13 (2) to reduce losses from landslides; 

14 (3) to protect communities at risk of landslide 

15 hazards; and 

16 (4) to help improve communication and emer17 gency preparedness, including by coordinating with 

18 communities and entities responsible for infrastruc19 ture that are at risk of landslide hazards. 

20 (b) DESCRIPTION OF PROGRAM.— 

21 (1) PROGRAM ACTIVITIES.—The Secretary, in 

22 coordination with the Interagency Coordinating 

23 Committee on Landslide Hazards established by 

24 subsection (c)(1) (referred to in this section as the 

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1 tivities of the United States Geological Survey and 

2 other Federal agencies, shall— 

3 (A) identify, map, assess, and research 

4 landslide hazards; 

5 (B) respond to landslide events; and 

6 (C) in coordination with States and Indian 

7 tribes— 

8 (i) establish working groups with 

9 States and Indian tribes to identify re10 gional and local priorities for researching, 

11 identifying, mapping, and assessing land12 slide hazards; and 

13 (ii) develop and implement landslide 

14 hazard guidelines for— 

15 (I) geologists; 

16 (II) geological and geotechnical 

17 engineers; and 

18 (III) land use and other decision19 makers. 

20 (2) NATIONAL STRATEGY.—Not later than 180 

21 days after the date of enactment of this Act, and 

22 every 5 years thereafter, the Secretary, in coordina23 tion with the Committee, shall develop and publish 

24 a national strategy for landslide hazards and risk re25 duction in the United States, which shall include— 


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1 (A) goals and priorities for the program; 

2 (B) priorities for data acquisition, re3 search, communications, and risk management 

4 on landslides and landslide hazards across rel5 evant Federal agencies; and 

6 (C) a detailed interagency plan to carry 

7 out the national strategy, including details 

8 about the programs, projects, and budgets that 

9 will be used to implement the national strategy. 

10 (3) NATIONAL LANDSLIDE HAZARDS DATA11 BASE.—In carrying out the program, the Secretary, 

12 in coordination with States and Indian tribes, shall 

13 develop and maintain a publicly accessible national 

14 landslide hazard and risk inventory database to com15 pile, maintain, standardize, and evaluate data re16 garding— 

17 (A) landslide hazards and risks nationwide; 

18 (B) the nationwide impact of landslides 

19 on— 

20 (i) health and safety; 

21 (ii) the economy and infrastructure; 

22 and 

23 (iii) the environment; 

24 (C) landslide hazard stabilization; and 

25 (D) reduction of losses from landslides. 


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1 (4) LANDSLIDE HAZARD AND RISK PREPARED2 NESS FOR COMMUNITIES.—In carrying out the pro3 gram, the Secretary, in coordination with the Sec4 retary of the Army, the Secretary of Commerce, the 

5 Secretary of Homeland Security, the Secretary of 

6 Transportation, and the heads of other relevant Fed7 eral agencies, and in consultation with States and 

8 Indian tribes, shall develop and disseminate— 

9 (A) landslide planning and risk reduction 

10 guidance, guidelines, maps, tools, and training 

11 materials to help inform State, local, and tribal 

12 governments and decisionmakers with respect 

13 to— 

14 (i) the use and implementation of 

15 landslide hazard assessments; 

16 (ii) the applied use of the database 

17 developed under paragraph (3); 

18 (iii) reducing losses from landslides; 

19 and 

20 (iv) resources available for commu21 nities working to improve landslide hazard 

22 preparedness; and 

23 (B) landslide preparedness curricula and 

24 training modules for— 

25 (i) State, local, and tribal officials; 


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1 (ii) Federal, State, local, and tribal 

2 emergency managers; and 

3 (iii) the National Guard. 

4 (5) FLASH FLOOD AND DEBRIS FLOW EARLY

5 WARNING SYSTEM.—In carrying out the program, 

6 the Secretary, in coordination with the Secretary of 

7 Commerce, shall expand the early warning system 

8 for flash floods and debris flow by— 

9 (A) expanding the early warning system 

10 for post-wildfire debris flow to include recently 

11 burned areas across the western United States; 

12 (B) developing procedures with State, 

13 local, and tribal governments to monitor 

14 stormwater drainage in areas with high flash 

15 flood and debris flow risk; and 

16 (C) identifying high-risk debris flow areas, 

17 such as recently burned land and potential 

18 lahar hazard areas. 

19 (6) EMERGENCY RESPONSE ACTIVITIES.—In 

20 carrying out the program, the Secretary, in coordi21 nation with the Secretary of Commerce, the Sec22 retary of Homeland Security, the heads of other rel23 evant Federal agencies, States, and Indian tribes, 

24 shall establish emergency response procedures for 

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1 ment, and services to areas impacted by a significant 

2 landslide event— 

3 (A) to support emergency response efforts 

4 and improve the safety of emergency respond5 ers; 

6 (B) to improve data collection; and 

7 (C) to conduct research to advance the un8 derstanding of the causes, impacts, and reduc9 tion of landslide hazards and risks. 

10 (c) INTERAGENCY COORDINATING COMMITTEE ON

11 LANDSLIDE HAZARDS.— 

12 (1) IN GENERAL.—There is established a com13 mittee, to be known as the ‘‘Interagency Coordi14 nating Committee on Landslide Hazards’’. 

15 (2) MEMBERSHIP.—The Committee shall be 

16 composed of the following members (or their des17 ignees): 

18 (A) The Secretary, who shall serve as 

19 Chairperson of the Committee. 

20 (B) The Secretary of the Army. 

21 (C) The Secretary of Commerce. 

22 (D) The Secretary of Homeland Security. 

23 (E) The Secretary of Transportation. 

24 (F) The Director of the National Science 

25 Foundation. 


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1 (G) The Director of the Office of Science 

2 and Technology Policy. 

3 (H) The Director of the Office of Manage4 ment and Budget. 

5 (3) MEETINGS.—The Committee shall meet at 

6 the call of the Chairperson. 

7 (4) PURPOSE AND DUTIES.—The Committee 

8 shall— 

9 (A) advise and oversee the program; 

10 (B) facilitate communication and coordina11 tion across Federal agencies in the planning, 

12 management, budgeting, and execution of land13 slide activities; and 

14 (C) support the development and execution 

15 of the national strategy under subsection (b)(2), 

16 including by— 

17 (i) supporting the development of na18 tional goals and priorities for the national 

19 strategy; 

20 (ii) articulating Federal agency roles, 

21 responsibilities, and resources for carrying 

22 out the national strategy; and 

23 (iii) overseeing the implementation of 

24 the national strategy. 

25 (d) ADVISORY COMMITTEE.— 


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1 (1) IN GENERAL.—The Secretary shall establish 

2 an advisory committee, to be known as the ‘‘Advi3 sory Committee on Landslides’’ (referred to in this 

4 subsection as the ‘‘Advisory Committee’’). 

5 (2) MEMBERSHIP.—The Advisory Committee 

6 shall be composed of not fewer than 11 members— 

7 (A) of whom none may be an individual de8 scribed in any of subparagraphs (A) through 

9 (F) of section 7342(a)(1) of title 5, United 

10 States Code; and 

11 (B) who shall be representatives of— 

12 (i) States, including State geological 

13 organizations; 

14 (ii) Indian tribes, including tribal geo15 logical organizations; 

16 (iii) research institutions and institu17 tions of higher education that are quali18 fied— 

19 (I) to provide advice regarding 

20 landslide hazard and risk reduction; 

21 and 

22 (II) to represent related sci23 entific, architectural, engineering, and 

24 planning disciplines; 


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1 (iv) industry standards development 

2 organizations; and 

3 (v) State, local, and tribal emergency 

4 management agencies. 

5 (3) RECOMMENDATIONS.— 

6 (A) IN GENERAL.—The Advisory Com7 mittee shall submit to the Committee rec8 ommendations for the implementation of the 

9 program, including recommendations regard10 ing— 

11 (i) landslide hazard and risk reduction 

12 and planning; 

13 (ii) tools for communities; 

14 (iii) research; and 

15 (iv) such other topics as the Advisory 

16 Committee determines appropriate. 

17 (B) CONSIDERATION.—The Secretary and 

18 the agency heads described in subparagraphs 

19 (A) through (H) of subsection (c)(2) shall take 

20 into consideration any recommendation of the 

21 Advisory Committee submitted under subpara22 graph (A). 

23 (e) GRANT PROGRAMS.— 

24 (1) COOPERATIVE LANDSLIDE HAZARD MAP25 PING AND ASSESSMENT PROGRAM.— 


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1 (A) IN GENERAL.—Subject to appropria2 tions, the Secretary may— 

3 (i) provide grants, on a competitive 

4 basis, to State, local, and tribal govern5 ments to research, map, assess, and collect 

6 data on landslide hazards within the juris7 dictions of those governments; and 

8 (ii) accept and use funds received 

9 from other Federal and non-Federal part10 ners to advance the purposes of the pro11 gram. 

12 (B) PRIORITY.— 

13 (i) IN GENERAL.—The Secretary shall 

14 consult annually with the Committee, 

15 States, and Indian tribes to establish prior16 ities for the grant program under this 

17 paragraph. 

18 (ii) FUNDING PRIORITIZATION.—In 

19 providing grants under this paragraph, the 

20 Secretary shall give priority to projects 

21 that— 

22 (I) will achieve the greatest land23 slide hazard and risk reduction; 


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1 (II) reflect the goals and prior2 ities of the national strategy estab3 lished under subsection (b)(2)(A); 

4 (III) would receive not more than 

5 50 percent of the total cost of the 

6 project from non-Federal sources; and 

7 (IV) include acquisition of en8 hanced elevation data consistent with 

9 the 3D Elevation Program. 

10 (2) NATIONAL LANDSLIDE RESEARCH

11 GRANTS.—In providing grants for landslide research 

12 and development, the Director of the National 

13 Science Foundation, in consultation with the Sec14 retary and the Committee, shall ensure that the 

15 grants are provided on a competitive basis to State, 

16 local, and tribal governments, institutions of higher 

17 education, and nongovernmental entities to advance 

18 the goals and priorities of the national strategy es19 tablished under subsection (b)(2)(A), including for 

20 research and development on— 

21 (A) the causes, mechanisms, triggers, hy22 drology, and geology of landslides; 

23 (B) ways to reduce landslide hazards and 

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1 tion, perception, decisionmaking, tools, and 

2 technologies; and 

3 (C) other goals and priorities of the na4 tional strategy established under subsection 

5 (b)(2)(A). 

6 (f) ANNUAL REPORT.—The Secretary shall submit to 

7 Congress an annual report, including a description of, with 

8 respect to the preceding calendar year— 

9 (1) the goals and accomplishments of the Sec10 retary and the agency heads described in subpara11 graphs (A) through (H) of subsection (c)(2) in car12 rying out the national strategy developed under sub13 section (b)(2), expressed— 

14 (A) by agency, program, and budgetary re15 source; and 

16 (B) by the goals and priorities of the na17 tional strategy established under subsection 

18 (b)(2)(A); 

19 (2) the results of the activities of the Com20 mittee under this section; 

21 (3) the extent to which any recommendations of 

22 the Advisory Committee under subsection (d)(3)(A) 

23 have been implemented; 


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1 (4) the grants provided under this section dur2 ing that preceding calendar year, including a de3 scription of— 

4 (A) each activity carried out using such a 

5 grant; and 

6 (B) the results of those activities; and 

7 (5) for each significant landslide event in the 

8 United States during that preceding calendar year— 

9 (A) a description of the landslide event and 

10 the implications of the event on communities, 

11 including life and property; 

12 (B) recommendations on how the identi13 fication of the landslide risk could have been 

14 improved prior to the event; 

15 (C) a description of the effectiveness of 

16 any warning and risk communication, including 

17 the dissemination of warnings by State, local, 

18 and tribal partners in the affected area; 

19 (D) recommendations to improve risk iden20 tification, reduction, and communication to 

21 landowners and local governments; 

22 (E) recommendations to improve landslide 

23 hazard preparedness and emergency response 

24 activities under this section; and 


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1 (F) such other findings as the Secretary 

2 determines appropriate. 

3 SEC. 10103. GROUND SUBSIDENCE. 

4 As the Secretary determines to be appropriate and 

5 subject to appropriations, the Secretary, through existing 

6 programs, shall advance the identification, mapping, re7 search, and monitoring of subsidence and groundwater re8 source accounting, particularly in areas affected by 

9 drought. 

10 SEC. 10104. 3D ELEVATION PROGRAM. 

11 (a) ESTABLISHMENT OF 3D ELEVATION PRO12 GRAM.— 

13 (1) IN GENERAL.—The Secretary shall establish 

14 a program, to be known as the ‘‘3D Elevation Pro15 gram’’— 

16 (A) to provide 3D elevation data coverage 

17 for the United States; 

18 (B) to coordinate and facilitate the collec19 tion, dissemination, and use of 3D elevation 

20 data among Federal departments and agencies 

21 and non-Federal entities; 

22 (C) to produce standard, publicly acces23 sible 3D elevation data products for the United 

24 States; and 


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1 (D) to promote the collection, dissemina2 tion, and use of 3D elevation data among Fed3 eral, State, local, and tribal governments, com4 munities, institutions of higher education, and 

5 the private sector through— 

6 (i) cooperative agreements; 

7 (ii) the development and maintenance 

8 of spatial data infrastructure to provide 

9 quality control and deliver to the public 3D 

10 elevation data products; 

11 (iii) the development of standards and 

12 guidelines for 3D elevation data acquisition 

13 to increase accessibility to 3D elevation 

14 data in a standard, easy-to-use format; and 

15 (iv) the identification, assessment, and 

16 adoption of emerging technologies to im17 prove the accuracy and efficiency of the 

18 3D Elevation Program. 

19 (2) MANAGEMENT.— 

20 (A) IN GENERAL.—The Secretary shall 

21 manage the 3D Elevation Program— 

22 (i) to ensure efficiency with respect to 

23 related activities of the Department of the 

24 Interior and other participating Federal 

25 departments and agencies; and 


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1 (ii) to meet the needs of Department 

2 of the Interior programs, stakeholders, and 

3 the public. 

4 (B) OTHER FEDERAL DEPARTMENTS AND

5 AGENCIES.—The head of each Federal depart6 ment and agency involved in the acquisition, 

7 production, distribution, or application of 3D 

8 elevation data shall— 

9 (i) coordinate with the 3D Elevation 

10 Federal Interagency Coordinating Com11 mittee established under subsection (b) to 

12 acquire additional, enhanced 3D elevation 

13 data; 

14 (ii) submit to the Secretary a descrip15 tion of priority areas of interest for 3D ele16 vation data collection for use in providing 

17 grants and cooperative agreements under 

18 subsection (d); 

19 (iii) implement policies and procedures 

20 for data acquisition and sharing that are 

21 consistent with standards and guidelines 

22 developed under the 3D Elevation Pro23 gram; 

24 (iv) participate in, and share the re25 sults and benefits of, the 3D Elevation 


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1 Program, in accordance with standards 

2 and guidelines developed under the 3D 

3 Elevation Program; and 

4 (v) ensure that any 3D elevation data 

5 acquired with Federal grant funding— 

6 (I) meets 3D Elevation Program 

7 standards; and 

8 (II) is included in the national 

9 holdings of those data. 

10 (b) 3D ELEVATION FEDERAL INTERAGENCY CO11 ORDINATING COMMITTEE.— 

12 (1) ESTABLISHMENT.—The Secretary, in co13 ordination with the Secretary of Commerce, shall es14 tablish an interagency coordinating committee, to be 

15 known as the ‘‘3D Elevation Federal Interagency 

16 Coordinating Committee’’ (referred to in this sub17 section as the ‘‘Committee’’), to better coordinate 

18 3D elevation data management across the Federal 

19 Government. 

20 (2) MEMBERSHIP.—The Committee shall be 

21 composed of the following members (or their des22 ignees): 

23 (A) The Secretary, who shall serve as 

24 Chairperson of the Committee. 

25 (B) The Secretary of Agriculture. 


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1 (C) The Secretary of Commerce. 

2 (D) The Secretary of Homeland Security. 

3 (E) The Director of the National Science 

4 Foundation. 

5 (F) The Director of the Office of Science 

6 and Technology Policy. 

7 (G) The Director of the Office of Manage8 ment and Budget. 

9 (H) The head of any other Federal depart10 ment or agency, at the request of the Secretary. 

11 (3) COORDINATION.—The Committee shall co12 ordinate, as appropriate, with the existing activities 

13 of— 

14 (A) the 3D Elevation Program Executive 

15 Forum; 

16 (B) the Alaska Mapping Executive Com17 mittee; 

18 (C) the 3D Elevation Working Group; and 

19 (D) the 3D National Elevation Sub20 committee. 

21 (4) MEETINGS.—The Committee shall meet at 

22 the call of the Chairperson. 

23 (5) DUTIES.—The Committee shall— 


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1 (A) oversee the planning, management, 

2 and coordination of the 3D Elevation Program; 

3 and 

4 (B) develop, by not later than 1 year after 

5 the date of enactment of this Act, and update 

6 periodically thereafter— 

7 (i) a strategic plan that establishes 

8 goals and priorities for activities carried 

9 out under the 3D Elevation Program; and 

10 (ii) a detailed management plan to 

11 implement the strategic plan. 

12 (c) SUBCOMMITTEE OF NATIONAL GEOSPATIAL AD13 VISORY COMMITTEE.— 

14 (1) ESTABLISHMENT.— 

15 (A) IN GENERAL.—The Secretary shall es16 tablish, within the National Geospatial Advisory 

17 Committee, a subcommittee (referred to in this 

18 subsection as the ‘‘Subcommittee’’). 

19 (B) MEMBERSHIP.—The Subcommittee 

20 shall— 

21 (i) consist of not fewer than 11 mem22 bers, of whom none may be a Federal offi23 cer or employee; and 

24 (ii) include representatives of— 


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1 (I) research and academic insti2 tutions; 

3 (II) industry standards develop4 ment organizations; 

5 (III) units of State and local gov6 ernment; and 

7 (IV) the private sector. 

8 (2) DUTIES.— 

9 (A) ASSESSMENT.—The Subcommittee 

10 shall conduct an assessment of— 

11 (i) trends and developments in— 

12 (I) the collection, dissemination, 

13 and use of 3D elevation data; and 

14 (II) science and technology relat15 ing to 3D elevation data; 

16 (ii) the effectiveness of the 3D Ele17 vation Program in carrying out the activi18 ties described in subsection (a)(1); 

19 (iii) the need to revise or reorganize 

20 the 3D Elevation Program; and 

21 (iv) the management, coordination, 

22 implementation, and activities of the 3D 

23 Elevation Program. 

24 (B) REPORT.—Not later than 1 year after 

25 the date of enactment of this Act, and not less 


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1 frequently than once every 2 years thereafter, 

2 the Subcommittee shall submit to the Secretary 

3 and the 3D Elevation Federal Interagency Co4 ordinating Committee established under sub5 section (b) a report that includes— 

6 (i) the findings of the assessment 

7 under subparagraph (A); and 

8 (ii) recommendations of the Sub9 committee based on those findings, if any. 

10 (d) GRANTS AND COOPERATIVE AGREEMENTS.— 

11 (1) IN GENERAL.—The Secretary may make 

12 grants and enter into cooperative agreements with 

13 other Federal departments and agencies, units of 

14 tribal, State, or local government, institutions of 

15 higher education, nonprofit research institutions, or 

16 other organizations to facilitate the improvement of 

17 nationwide coverage of 3D elevation data. 

18 (2) APPLICATIONS.—To be eligible to receive a 

19 grant or enter into a cooperative agreement under 

20 this subsection, an entity described in paragraph (1) 

21 shall submit to the Secretary an application at such 

22 time, in such manner, and containing such informa23 tion as the Secretary may require. 

24 (3) TERMS AND CONDITIONS.—A grant or coop25 erative agreement under this subsection shall be subVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00837 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ject to such terms and conditions as the Secretary 

2 determines to be appropriate, including making data 

3 publically available and interoperable with other 

4 Federal datasets. 

5 TITLE XI—INDIAN ENERGY 

6 Subtitle A—Indian Tribal Energy 

7 Development and Self-Deter8 mination Act Amendments 

9 SEC. 11001. INDIAN TRIBAL ENERGY RESOURCE DEVELOP10 MENT. 

11 (a) IN GENERAL.—Section 2602(a) of the Energy 

12 Policy Act of 1992 (25 U.S.C. 3502(a)) is amended— 

13 (1) in paragraph (2)— 

14 (A) in subparagraph (C), by striking 

15 ‘‘and’’ after the semicolon; 

16 (B) in subparagraph (D), by striking the 

17 period at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(E) consult with each applicable Indian 

20 tribe before adopting or approving a well spac21 ing program or plan applicable to the energy re22 sources of that Indian tribe or the members of 

23 that Indian tribe.’’; and 

24 (2) by adding at the end the following: 

25 ‘‘(4) PLANNING.— 


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1 ‘‘(A) IN GENERAL.—In carrying out the 

2 program established by paragraph (1), the Sec3 retary shall provide technical assistance to in4 terested Indian tribes to develop energy plans, 

5 including— 

6 ‘‘(i) plans for electrification; 

7 ‘‘(ii) plans for oil and gas permitting, 

8 renewable energy permitting, energy effi9 ciency, electricity generation, transmission 

10 planning, water planning, and other plan11 ning relating to energy issues; 

12 ‘‘(iii) plans for the development of en13 ergy resources and to ensure the protection 

14 of natural, historic, and cultural resources; 

15 and 

16 ‘‘(iv) any other plans that would as17 sist an Indian tribe in the development or 

18 use of energy resources. 

19 ‘‘(B) COOPERATION.—In establishing the 

20 program under paragraph (1), the Secretary 

21 shall work in cooperation with the Office of In22 dian Energy Policy and Programs of the De23 partment of Energy.’’. 

24 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU25 CATION PLANNING AND MANAGEMENT ASSISTANCE PROVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 GRAM.—Section 2602(b)(2) of the Energy Policy Act of 

2 1992 (25 U.S.C. 3502(b)(2)) is amended— 

3 (1) in the matter preceding subparagraph (A), 

4 by inserting ‘‘, intertribal organization,’’ after ‘‘In5 dian tribe’’; 

6 (2) by redesignating subparagraphs (C) and 

7 (D) as subparagraphs (D) and (E), respectively; and 

8 (3) by inserting after subparagraph (B) the fol9 lowing: 

10 ‘‘(C) activities to increase the capacity of 

11 Indian tribes to manage energy development 

12 and energy efficiency programs;’’. 

13 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

14 PROGRAM.—Section 2602(c) of the Energy Policy Act of 

15 1992 (25 U.S.C. 3502(c)) is amended— 

16 (1) in paragraph (1), by inserting ‘‘or a tribal 

17 energy development organization’’ after ‘‘Indian 

18 tribe’’; 

19 (2) in paragraph (3)— 

20 (A) in the matter preceding subparagraph 

21 (A), by striking ‘‘guarantee’’ and inserting 

22 ‘‘guaranteed’’; 

23 (B) in subparagraph (A), by striking ‘‘or’’; 

24 (C) in subparagraph (B), by striking the 

25 period at the end and inserting ‘‘; or’’; and 


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1 (D) by adding at the end the following: 

2 ‘‘(C) a tribal energy development organiza3 tion, from funds of the tribal energy develop4 ment organization.’’; and 

5 (3) in paragraph (5), by striking ‘‘The Sec6 retary of Energy may’’ and inserting ‘‘Not later 

7 than 1 year after the date of enactment of the En8 ergy and Natural Resources Act of 2017, the Sec9 retary of Energy shall’’. 

10 SEC. 11002. INDIAN TRIBAL ENERGY RESOURCE REGULA11 TION. 

12 Section 2603(c) of the Energy Policy Act of 1992 (25 

13 U.S.C. 3503(c)) is amended— 

14 (1) in paragraph (1), by striking ‘‘on the re15 quest of an Indian tribe, the Indian tribe’’ and in16 serting ‘‘on the request of an Indian tribe or a tribal 

17 energy development organization, the Indian tribe or 

18 tribal energy development organization’’; and 

19 (2) in paragraph (2)(B), by inserting ‘‘or tribal 

20 energy development organization’’ after ‘‘Indian 

21 tribe’’. 

22 SEC. 11003. TRIBAL ENERGY RESOURCE AGREEMENTS. 

23 (a) AMENDMENT.—Section 2604 of the Energy Pol24 icy Act of 1992 (25 U.S.C. 3504) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘or’’ after the semicolon at the end; 

4 (ii) in subparagraph (B)— 

5 (I) by striking clause (i) and in6 serting the following: 

7 ‘‘(i) an electric production, generation, 

8 transmission, or distribution facility (in9 cluding a facility that produces electricity 

10 from renewable energy resources) located 

11 on tribal land; or’’; and 

12 (II) in clause (ii)— 

13 (aa) by inserting ‘‘, at least 

14 a portion of which have been’’ 

15 after ‘‘energy resources’’; 

16 (bb) by inserting ‘‘or pro17 duced from’’ after ‘‘developed 

18 on’’; and 

19 (cc) by striking ‘‘and’’ after 

20 the semicolon at the end and in21 serting ‘‘or’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(C) pooling, unitization, or 

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1 sources of the Indian tribe located on tribal 

2 land with any other energy mineral resource 

3 (including energy mineral resources owned by 

4 the Indian tribe or an individual Indian in fee, 

5 trust, or restricted status or by any other per6 sons or entities) if the owner, or, if appropriate, 

7 lessee, of the resources has consented or con8 sents to the pooling, unitization, or 

9 communitization of the other resources under 

10 any lease or agreement; and’’; and 

11 (B) by striking paragraph (2) and insert12 ing the following: 

13 ‘‘(2) a lease or business agreement described in 

14 paragraph (1) shall not require review by, or the ap15 proval of, the Secretary under section 2103 of the 

16 Revised Statutes (25 U.S.C. 81), or any other provi17 sion of law (including regulations), if the lease or 

18 business agreement— 

19 ‘‘(A) was executed— 

20 ‘‘(i) in accordance with the require21 ments of a tribal energy resource agree22 ment in effect under subsection (e) (includ23 ing the periodic review and evaluation of 

24 the activities of the Indian tribe under the 

25 agreement, to be conducted pursuant to 


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1 subparagraphs (D) and (E) of subsection 

2 (e)(2)); or 

3 ‘‘(ii) by the Indian tribe and a tribal 

4 energy development organization for which 

5 the Indian tribe has obtained a certifi6 cation pursuant to subsection (h); and 

7 ‘‘(B) has a term that does not exceed— 

8 ‘‘(i) 30 years; or 

9 ‘‘(ii) in the case of a lease for the pro10 duction of oil resources, gas resources, or 

11 both, 10 years and as long thereafter as oil 

12 or gas is produced in paying quantities.’’; 

13 (2) by striking subsection (b) and inserting the 

14 following: 

15 ‘‘(b) RIGHTS-OF-WAY.—An Indian tribe may grant a 

16 right-of-way over tribal land without review or approval 

17 by the Secretary if the right-of-way— 

18 ‘‘(1) serves— 

19 ‘‘(A) an electric production, generation, 

20 transmission, or distribution facility (including 

21 a facility that produces electricity from renew22 able energy resources) located on tribal land; 

23 ‘‘(B) a facility located on tribal land that 

24 extracts, produces, processes, or refines energy 

25 resources; or 


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1 ‘‘(C) the purposes, or facilitates in car2 rying out the purposes, of any lease or agree3 ment entered into for energy resource develop4 ment on tribal land; 

5 ‘‘(2) was executed— 

6 ‘‘(A) in accordance with the requirements 

7 of a tribal energy resource agreement in effect 

8 under subsection (e) (including the periodic re9 view and evaluation of the activities of the In10 dian tribe under the agreement, to be conducted 

11 pursuant to subparagraphs (D) and (E) of sub12 section (e)(2)); or 

13 ‘‘(B) by the Indian tribe and a tribal en14 ergy development organization for which the In15 dian tribe has obtained a certification pursuant 

16 to subsection (h); and 

17 ‘‘(3) has a term that does not exceed 30 

18 years.’’; 

19 (3) by striking subsection (d) and inserting the 

20 following: 

21 ‘‘(d) VALIDITY.—No lease or business agreement en22 tered into, or right-of-way granted, pursuant to this sec23 tion shall be valid unless the lease, business agreement, 

24 or right-of-way is authorized by subsection (a) or (b).’’; 

25 (4) in subsection (e)— 


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1 (A) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) AUTHORIZATION.—On or after the 

5 date of enactment of the Energy and Natural 

6 Resources Act of 2017, a qualified Indian tribe 

7 may submit to the Secretary a tribal energy re8 source agreement governing leases, business 

9 agreements, and rights-of-way under this sec10 tion. 

11 ‘‘(B) NOTICE OF COMPLETE PROPOSED

12 AGREEMENT.—Not later than 60 days after the 

13 date on which the tribal energy resource agree14 ment is submitted under subparagraph (A), the 

15 Secretary shall— 

16 ‘‘(i) notify the Indian tribe as to 

17 whether the agreement is complete or in18 complete; 

19 ‘‘(ii) if the agreement is incomplete, 

20 notify the Indian tribe of what information 

21 or documentation is needed to complete the 

22 submission; and 

23 ‘‘(iii) identify and notify the Indian 

24 tribe of the financial assistance, if any, to 

25 be provided by the Secretary to the Indian 


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1 tribe to assist in the implementation of the 

2 tribal energy resource agreement, including 

3 the environmental review of individual 

4 projects. 

5 ‘‘(C) EFFECT.—Nothing in this paragraph 

6 precludes the Secretary from providing any fi7 nancial assistance at any time to the Indian 

8 tribe to assist in the implementation of the trib9 al energy resource agreement.’’; 

10 (B) in paragraph (2)— 

11 (i) by striking ‘‘(2)(A)’’ and all that 

12 follows through the end of subparagraph 

13 (A) and inserting the following: 

14 ‘‘(2) PROCEDURE.— 

15 ‘‘(A) EFFECTIVE DATE.— 

16 ‘‘(i) IN GENERAL.—On the date that 

17 is 271 days after the date on which the 

18 Secretary receives a tribal energy resource 

19 agreement from a qualified Indian tribe 

20 under paragraph (1), the tribal energy re21 source agreement shall take effect, unless 

22 the Secretary disapproves the tribal energy 

23 resource agreement under subparagraph 

24 (B). 


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1 ‘‘(ii) REVISED TRIBAL ENERGY RE2 SOURCE AGREEMENT.—On the date that is 

3 91 days after the date on which the Sec4 retary receives a revised tribal energy re5 source agreement from a qualified Indian 

6 tribe under paragraph (4)(B), the revised 

7 tribal energy resource agreement shall take 

8 effect, unless the Secretary disapproves the 

9 revised tribal energy resource agreement 

10 under subparagraph (B).’’; 

11 (ii) in subparagraph (B)— 

12 (I) by striking ‘‘(B)’’ and all that 

13 follows through clause (ii) and insert14 ing the following: 

15 ‘‘(B) DISAPPROVAL.—The Secretary shall 

16 disapprove a tribal energy resource agreement 

17 submitted pursuant to paragraph (1) or (4)(B) 

18 only if— 

19 ‘‘(i) a provision of the tribal energy 

20 resource agreement violates applicable 

21 Federal law (including regulations) or a 

22 treaty applicable to the Indian tribe; 

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1 sions required under subparagraph (D); 

2 or’’; and 

3 (II) in clause (iii)— 

4 (aa) in the matter preceding 

5 subclause (I), by striking ‘‘in6 cludes’’ and all that follows 

7 through ‘‘section—’’ and insert8 ing ‘‘does not include provisions 

9 that, with respect to any lease, 

10 business agreement, or right-of11 way to which the tribal energy 

12 resource agreement applies—’’; 

13 (bb) by striking subclauses 

14 (I), (II), (V), (VIII), and (XV); 

15 (cc) by redesignating clauses 

16 (III), (IV), (VI), (VII), (IX) 

17 through (XIV), and (XVI) as 

18 clauses (I), (II), (III), (IV), (V) 

19 through (X), and (XI), respec20 tively; 

21 (dd) in item (bb) of sub22 clause (XI) (as redesignated by 

23 item (cc))— 

24 (AA) by striking ‘‘or 

25 tribal’’; and 


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1 (BB) by striking the 

2 period at the end and insert3 ing a semicolon; and 

4 (ee) by adding at the end 

5 the following: 

6 ‘‘(XII) include a certification by 

7 the Indian tribe that the Indian tribe 

8 has— 

9 ‘‘(aa) carried out a contract 

10 or compact under title I or IV of 

11 the Indian Self-Determination 

12 and Education Assistance Act 

13 (25 U.S.C. 5301 et seq.) for a 

14 period of not less than 3 consecu15 tive years ending on the date on 

16 which the Indian tribe submits 

17 the application without material 

18 audit exception (or without any 

19 material audit exceptions that 

20 were not corrected within the 3- 

21 year period) relating to the man22 agement of tribal land or natural 

23 resources; or 

24 ‘‘(bb) substantial experience 

25 in the administration, review, or 


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1 evaluation of energy resource 

2 leases or agreements or has oth3 erwise substantially participated 

4 in the administration, manage5 ment, or development of energy 

6 resources located on the tribal 

7 land of the Indian tribe; and 

8 ‘‘(XIII) at the option of the In9 dian tribe, identify which functions, if 

10 any, authorizing any operational or 

11 development activities pursuant to a 

12 lease, right-of-way, or business agree13 ment approved by the Indian tribe, 

14 that the Indian tribe intends to con15 duct.’’; 

16 (iii) in subparagraph (C)— 

17 (I) by striking clauses (i) and 

18 (ii); 

19 (II) by redesignating clauses (iii) 

20 through (v) as clauses (ii) through 

21 (iv), respectively; and 

22 (III) by inserting before clause 

23 (ii) (as redesignated by subclause (II)) 

24 the following: 

25 ‘‘(i) a process for ensuring that— 


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1 ‘‘(I) the public is informed of, 

2 and has reasonable opportunity to 

3 comment on, any significant environ4 mental impacts of the proposed ac5 tion; and 

6 ‘‘(II) the Indian tribe provides 

7 responses to relevant and substantive 

8 public comments on any impacts de9 scribed in subclause (I) before the In10 dian tribe approves the lease, business 

11 agreement, or right-of-way;’’; 

12 (iv) in subparagraph (D)(ii), by strik13 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in14 serting ‘‘subparagraph (B)(iv)(XI)’’; and 

15 (v) by adding at the end the following: 

16 ‘‘(F) EFFECTIVE PERIOD.—A tribal energy 

17 resource agreement that takes effect pursuant 

18 to this subsection shall remain in effect to the 

19 extent any provision of the tribal energy re20 source agreement is consistent with applicable 

21 Federal law (including regulations), unless the 

22 tribal energy resource agreement is— 

23 ‘‘(i) rescinded by the Secretary pursu24 ant to paragraph (7)(D)(iii)(II); or 


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1 ‘‘(ii) voluntarily rescinded by the In2 dian tribe pursuant to the regulations pro3 mulgated under paragraph (8)(B) (or suc4 cessor regulations).’’; 

5 (C) in paragraph (4), by striking ‘‘date of 

6 disapproval’’ and all that follows through the 

7 end of subparagraph (C) and inserting the fol8 lowing: ‘‘date of disapproval, provide the Indian 

9 tribe with— 

10 ‘‘(A) a detailed, written explanation of— 

11 ‘‘(i) each reason for the disapproval; 

12 and 

13 ‘‘(ii) the revisions or changes to the 

14 tribal energy resource agreement necessary 

15 to address each reason; and 

16 ‘‘(B) an opportunity to revise and resubmit 

17 the tribal energy resource agreement.’’; 

18 (D) in paragraph (6)— 

19 (i) in subparagraph (B)— 

20 (I) by striking ‘‘(B) Subject to’’ 

21 and inserting the following: 

22 ‘‘(B) Subject only to’’; and 

23 (II) by striking ‘‘subparagraph 

24 (D)’’ and inserting ‘‘subparagraphs 

25 (C) and (D)’’; 


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1 (ii) in subparagraph (C), in the mat2 ter preceding clause (i), by inserting ‘‘to 

3 perform the obligations of the Secretary 

4 under this section and’’ before ‘‘to ensure’’; 

5 and 

6 (iii) in subparagraph (D), by adding 

7 at the end the following: 

8 ‘‘(iii) Nothing in this section absolves, 

9 limits, or otherwise affects the liability, if 

10 any, of the United States for any— 

11 ‘‘(I) term of any lease, business 

12 agreement, or right-of-way under this 

13 section that is not a negotiated term; 

14 or 

15 ‘‘(II) losses that are not the re16 sult of a negotiated term, including 

17 losses resulting from the failure of the 

18 Secretary to perform an obligation of 

19 the Secretary under this section.’’; 

20 (E) in paragraph (7)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘has demonstrated’’ and inserting ‘‘the 

23 Secretary determines has demonstrated 

24 with substantial evidence’’; 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘any tribal remedy’’ and inserting ‘‘all 

3 remedies (if any) provided under the laws 

4 of the Indian tribe’’; 

5 (iii) in subparagraph (D)— 

6 (I) in clause (i), by striking ‘‘de7 termine’’ and all that follows through 

8 the end of the clause and inserting the 

9 following: ‘‘determine— 

10 ‘‘(I) whether the petitioner 

11 is an interested party; and 

12 ‘‘(II) if the petitioner is an 

13 interested party, whether the In14 dian tribe is not in compliance 

15 with the tribal energy resource 

16 agreement as alleged in the peti17 tion.’’; 

18 (II) in clause (ii), by striking 

19 ‘‘determination’’ and inserting ‘‘deter20 minations’’; and 

21 (III) in clause (iii), in the matter 

22 preceding subclause (I) by striking 

23 ‘‘agreement’’ the first place it appears 

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1 ant to clause (i), the Secretary shall 

2 only take such action as the Secretary 

3 determines necessary to address the 

4 claims of noncompliance made in the 

5 petition, including’’; 

6 (iv) in subparagraph (E)(i), by strik7 ing ‘‘the manner in which’’ and inserting 

8 ‘‘, with respect to each claim made in the 

9 petition, how’’; and 

10 (v) by adding at the end the following: 

11 ‘‘(G) Notwithstanding any other provision 

12 of this paragraph, the Secretary shall dismiss 

13 any petition from an interested party that has 

14 agreed with the Indian tribe to a resolution of 

15 the claims presented in the petition of that 

16 party.’’; 

17 (F) in paragraph (8)— 

18 (i) by striking subparagraph (A); 

19 (ii) by redesignating subparagraphs 

20 (B) through (D) as subparagraphs (A) 

21 through (C), respectively; and 

22 (iii) in subparagraph (A) (as redesig23 nated by clause (ii))— 

24 (I) in clause (i), by striking 

25 ‘‘and’’ at the end; 


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1 (II) in clause (ii), by adding 

2 ‘‘and’’ after the semicolon; and 

3 (III) by adding at the end the 

4 following: 

5 ‘‘(iii) amend an approved tribal energy 

6 resource agreement to assume authority 

7 for approving leases, business agreements, 

8 or rights-of-way for development of an9 other energy resource that is not included 

10 in an approved tribal energy resource 

11 agreement without being required to apply 

12 for a new tribal energy resource agree13 ment;’’ and 

14 (G) by adding at the end the following: 

15 ‘‘(9) EFFECT.—Nothing in this section author16 izes the Secretary to deny a tribal energy resource 

17 agreement or any amendment to a tribal energy re18 source agreement, or to limit the effect or implemen19 tation of this section, due to lack of promulgated 

20 regulations.’’; 

21 (5) by redesignating subsection (g) as sub22 section (j); and 

23 (6) by inserting after subsection (f) the fol24 lowing: 


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1 ‘‘(g) FINANCIAL ASSISTANCE IN LIEU OF ACTIVITIES

2 BY THE SECRETARY.— 

3 ‘‘(1) IN GENERAL.—Any amounts that the Sec4 retary would otherwise expend to operate or carry 

5 out any program, function, service, or activity (or 

6 any portion of a program, function, service, or activ7 ity) of the Department that, as a result of an Indian 

8 tribe carrying out activities under a tribal energy re9 source agreement, the Secretary does not expend, 

10 the Secretary shall, at the request of the Indian 

11 tribe, make available to the Indian tribe in accord12 ance with this subsection. 

13 ‘‘(2) ANNUAL FUNDING AGREEMENTS.—The 

14 Secretary shall make the amounts described in para15 graph (1) available to an Indian tribe through an 

16 annual written funding agreement that is negotiated 

17 and entered into with the Indian tribe that is sepa18 rate from the tribal energy resource agreement. 

19 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith20 standing paragraph (1)— 

21 ‘‘(A) the provision of amounts to an Indian 

22 tribe under this subsection is subject to the 

23 availability of appropriations; and 

24 ‘‘(B) the Secretary shall not be required to 

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1 ices, or activities that serve any other Indian 

2 tribe to make amounts available to an Indian 

3 tribe under this subsection. 

4 ‘‘(4) DETERMINATION.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 calculate the amounts under paragraph (1) in 

7 accordance with the regulations adopted under 

8 section 11003(b) of the Energy and Natural 

9 Resources Act of 2017. 

10 ‘‘(B) APPLICABILITY.—The effective date 

11 or implementation of a tribal energy resource 

12 agreement under this section shall not be de13 layed or otherwise affected by— 

14 ‘‘(i) a delay in the promulgation of 

15 regulations under section 11003(b) of the 

16 Energy and Natural Resources Act of 

17 2017; 

18 ‘‘(ii) the period of time needed by the 

19 Secretary to make the calculation required 

20 under paragraph (1); or 

21 ‘‘(iii) the adoption of a funding agree22 ment under paragraph (2). 

23 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP24 MENT ORGANIZATION.— 


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1 ‘‘(1) IN GENERAL.—Not later than 90 days 

2 after the date on which an Indian tribe submits an 

3 application for certification of a tribal energy devel4 opment organization in accordance with regulations 

5 promulgated under section 11003(b) of the Energy 

6 and Natural Resources Act of 2017, the Secretary 

7 shall approve or disapprove the application. 

8 ‘‘(2) REQUIREMENTS.—The Secretary shall ap9 prove an application for certification if— 

10 ‘‘(A)(i) the Indian tribe has carried out a 

11 contract or compact under title I or IV of the 

12 Indian Self-Determination and Education As13 sistance Act (25 U.S.C. 5301 et seq.); and 

14 ‘‘(ii) for a period of not less than 3 con15 secutive years ending on the date on which the 

16 Indian tribe submits the application, the con17 tract or compact— 

18 ‘‘(I) has been carried out by the In19 dian tribe without material audit excep20 tions (or without any material audit excep21 tions that were not corrected within the 3- 

22 year period); and 

23 ‘‘(II) has included programs or activi24 ties relating to the management of tribal 

25 land; and 


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1 ‘‘(B)(i) the tribal energy development orga2 nization is organized under the laws of the In3 dian tribe; 

4 ‘‘(ii)(I) the majority of the interest in the 

5 tribal energy development organization is owned 

6 and controlled by the Indian tribe (or the In7 dian tribe and one or more other Indian tribes) 

8 the tribal land of which is being developed; and 

9 ‘‘(II) the organizing document of the tribal 

10 energy development organization requires that 

11 the Indian tribe with jurisdiction over the land 

12 maintain at all times the controlling interest in 

13 the tribal energy development organization; 

14 ‘‘(iii) the organizing document of the tribal 

15 energy development organization requires that 

16 the Indian tribe (or the Indian tribe and one or 

17 more other Indian tribes) the tribal land of 

18 which is being developed own and control at all 

19 times a majority of the interest in the tribal en20 ergy development organization; and 

21 ‘‘(iv) the organizing document of the tribal 

22 energy development organization includes a 

23 statement that the organization shall be subject 

24 to the jurisdiction, laws, and authority of the 

25 Indian tribe. 


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1 ‘‘(3) ACTION BY SECRETARY.—If the Secretary 

2 approves an application for certification pursuant to 

3 paragraph (2), the Secretary shall, not more than 10 

4 days after making the determination— 

5 ‘‘(A) issue a certification stating that— 

6 ‘‘(i) the tribal energy development or7 ganization is organized under the laws of 

8 the Indian tribe and subject to the juris9 diction, laws, and authority of the Indian 

10 tribe; 

11 ‘‘(ii) the majority of the interest in 

12 the tribal energy development organization 

13 is owned and controlled by the Indian tribe 

14 (or the Indian tribe and one or more other 

15 Indian tribes) the tribal land of which is 

16 being developed; 

17 ‘‘(iii) the organizing document of the 

18 tribal energy development organization re19 quires that the Indian tribe with jurisdic20 tion over the land maintain at all times the 

21 controlling interest in the tribal energy de22 velopment organization; 

23 ‘‘(iv) the organizing document of the 

24 tribal energy development organization re25 quires that the Indian tribe (or the Indian 


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1 tribe and one or more other Indian tribes 

2 the tribal land of which is being developed) 

3 own and control at all times a majority of 

4 the interest in the tribal energy develop5 ment organization; and 

6 ‘‘(v) the certification is issued pursu7 ant this subsection; 

8 ‘‘(B) deliver a copy of the certification to 

9 the Indian tribe; and 

10 ‘‘(C) publish the certification in the Fed11 eral Register. 

12 ‘‘(i) SOVEREIGN IMMUNITY.—Nothing in this section 

13 waives the sovereign immunity of an Indian tribe.’’. 

14 (b) REGULATIONS.—Not later than 1 year after the 

15 date of enactment of the Energy and Natural Resources 

16 Act of 2017, the Secretary shall promulgate or update any 

17 regulations that are necessary to implement this section, 

18 including provisions to implement— 

19 (1) section 2604(e)(8) of the Energy Policy Act 

20 of 1992 (25 U.S.C. 3504(e)(8)), including the proc21 ess to be followed by an Indian tribe amending an 

22 existing tribal energy resource agreement to assume 

23 authority for approving leases, business agreements, 

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1 source that is not included in the tribal energy re2 source agreement; 

3 (2) section 2604(g) of the Energy Policy Act of 

4 1992 (25 U.S.C. 3504(g)) including the manner in 

5 which the Secretary, at the request of an Indian 

6 tribe, shall— 

7 (A) identify the programs, functions, serv8 ices, and activities (or any portions of pro9 grams, functions, services, or activities) that the 

10 Secretary will not have to operate or carry out 

11 as a result of the Indian tribe carrying out ac12 tivities under a tribal energy resource agree13 ment; 

14 (B) identify the amounts that the Sec15 retary would have otherwise expended to oper16 ate or carry out each program, function, serv17 ice, and activity (or any portion of a program, 

18 function, service, or activity) identified pursu19 ant to subparagraph (A); and 

20 (C) provide to the Indian tribe a list of the 

21 programs, functions, services, and activities (or 

22 any portions of programs, functions, services, or 

23 activities) identified pursuant to subparagraph 

24 (A) and the amounts associated with each pro25 gram, function, service, and activity (or any 


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1 portion of a program, function, service, or activ2 ity) identified pursuant to subparagraph (B); 

3 and 

4 (3) section 2604(h) of the Energy Policy Act of 

5 1992 (25 U.S.C. 3504(h)), including the process to 

6 be followed by, and any applicable criteria and docu7 mentation required for, an Indian tribe to request 

8 and obtain the certification described in that section. 

9 SEC. 11004. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

10 GOVERNMENTS. 

11 Section 2602(b) of the Energy Policy Act of 1992 

12 (25 U.S.C. 3502(b)) is amended— 

13 (1) by redesignating paragraphs (3) through 

14 (6) as paragraphs (4) through (7), respectively; and 

15 (2) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3) TECHNICAL AND SCIENTIFIC RE18 SOURCES.—In addition to providing grants to Indian 

19 tribes under this subsection, the Secretary shall col20 laborate with the Directors of the National Labora21 tories in making the full array of technical and sci22 entific resources of the Department of Energy avail23 able for tribal energy activities and projects.’’. 


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1 SEC. 11005. CONFORMING AMENDMENTS. 

2 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

3 ORGANIZATION.—Section 2601 of the Energy Policy Act 

4 of 1992 (25 U.S.C. 3501) is amended— 

5 (1) by redesignating paragraphs (9) through 

6 (12) as paragraphs (10) through (13), respectively; 

7 (2) by inserting after paragraph (8) the fol8 lowing: 

9 ‘‘(9) The term ‘qualified Indian tribe’ means an 

10 Indian tribe that has— 

11 ‘‘(A) carried out a contract or compact 

12 under title I or IV of the Indian Self-Deter13 mination and Education Assistance Act (25 

14 U.S.C. 5301 et seq.) for a period of not less 

15 than 3 consecutive years ending on the date on 

16 which the Indian tribe submits the application 

17 without material audit exception (or without 

18 any material audit exceptions that were not cor19 rected within the 3-year period) relating to the 

20 management of tribal land or natural resources; 

21 or 

22 ‘‘(B) substantial experience in the adminis23 tration, review, or evaluation of energy resource 

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1 cated on the tribal land of the Indian tribe.’’; 

2 and 

3 (3) by striking paragraph (12) (as redesignated 

4 by paragraph (1)) and inserting the following: 

5 ‘‘(12) The term ‘tribal energy development or6 ganization’ means— 

7 ‘‘(A) any enterprise, partnership, consor8 tium, corporation, or other type of business or9 ganization that is engaged in the development 

10 of energy resources and is wholly owned by an 

11 Indian tribe (including an organization incor12 porated pursuant to section 17 of the Act of 

13 June 18, 1934 (25 U.S.C. 5124) (commonly 

14 known as the ‘‘Indian Reorganization Act’’) or 

15 section 3 of the Act of June 26, 1936 (49 Stat. 

16 1967, chapter 831) (commonly known as the 

17 ‘Oklahoma Indian Welfare Act’)); and 

18 ‘‘(B) any organization of two or more enti19 ties, at least one of which is an Indian tribe, 

20 that has the written consent of the governing 

21 bodies of all Indian tribes participating in the 

22 organization to apply for a grant, loan, or other 

23 assistance under section 2602 or to enter into 

24 a lease or business agreement with, or acquire 

25 a right-of-way from, an Indian tribe pursuant 


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1 to subsection (a)(2)(A)(ii) or (b)(2)(B) of sec2 tion 2604.’’. 

3 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP4 MENT.—Section 2602 of the Energy Policy Act of 1992 

5 (25 U.S.C. 3502) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking ‘‘tribal 

8 energy resource development organizations’’ 

9 and inserting ‘‘tribal energy development orga10 nizations’’; and 

11 (B) in paragraph (2), by striking ‘‘tribal 

12 energy resource development organizations’’ 

13 each place the term appears and inserting 

14 ‘‘tribal energy development organizations’’; and 

15 (2) in subsection (b)(2), by striking ‘‘tribal en16 ergy resource development organization’’ and insert17 ing ‘‘tribal energy development organization’’. 

18 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

19 Section 2606(c)(3) of the Energy Policy Act of 1992 (25 

20 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re21 source development’’ and inserting ‘‘energy development’’. 

22 (d) CONFORMING AMENDMENTS.—Section 2604(e) 

23 of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is 

24 amended— 

25 (1) in paragraph (3)— 


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1 (A) by striking ‘‘(3) The Secretary’’ and 

2 inserting the following: 

3 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE4 VIEW.—The Secretary’’; and 

5 (B) by striking ‘‘for approval’’; 

6 (2) in paragraph (4), by striking ‘‘(4) If the 

7 Secretary’’ and inserting the following: 

8 ‘‘(4) ACTION IN CASE OF DISAPPROVAL.—If the 

9 Secretary’’; 

10 (3) in paragraph (5)— 

11 (A) by striking ‘‘(5) If an Indian tribe’’ 

12 and inserting the following: 

13 ‘‘(5) PROVISION OF DOCUMENTS TO SEC14 RETARY.—If an Indian tribe’’; and 

15 (B) in the matter preceding subparagraph 

16 (A), by striking ‘‘approved’’ and inserting ‘‘in 

17 effect’’; 

18 (4) in paragraph (6)— 

19 (A) by striking ‘‘(6)(A) In carrying out’’ 

20 and inserting the following: 

21 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

22 OF SECTION.— 

23 ‘‘(A) In carrying out’’; 

24 (B) in subparagraph (A), by indenting 

25 clauses (i) and (ii) appropriately; 


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1 (C) in subparagraph (B), by striking ‘‘ap2 proved’’ and inserting ‘‘in effect’’; and 

3 (D) in subparagraph (D)— 

4 (i) in clause (i), by striking ‘‘an ap5 proved tribal energy resource agreement’’ 

6 and inserting ‘‘a tribal energy resource 

7 agreement in effect under this section’’; 

8 and 

9 (ii) in clause (ii), by striking ‘‘ap10 proved by the Secretary’’ and inserting ‘‘in 

11 effect’’; and 

12 (5) in paragraph (7)— 

13 (A) by striking ‘‘(7)(A) In this paragraph’’ 

14 and inserting the following: 

15 ‘‘(7) PETITIONS BY INTERESTED PARTIES.— 

16 ‘‘(A) In this paragraph’’; 

17 (B) in subparagraph (A), by striking ‘‘ap18 proved by the Secretary’’ and inserting ‘‘in ef19 fect’’; 

20 (C) in subparagraph (B), by striking ‘‘ap21 proved by the Secretary’’ and inserting ‘‘in ef22 fect’’; and 

23 (D) in subparagraph (D)(iii)— 

24 (i) in subclause (I), by striking ‘‘ap25 proved’’; and 


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1 (ii) in subclause (II)— 

2 (I) by striking ‘‘approval of’’ in 

3 the first place it appears; and 

4 (II) by striking ‘‘subsection (a) 

5 or (b)’’ and inserting ‘‘subsection 

6 (a)(2)(A)(i) or (b)(2)(A)’’. 

7 SEC. 11006. REPORT. 

8 (a) IN GENERAL.—Not later than 18 months after 

9 the date of enactment of this Act, the Secretary shall sub10 mit to the Committee on Indian Affairs of the Senate and 

11 the Committee on Natural Resources of the House of Rep12 resentatives a report that details with respect to activities 

13 for energy development on Indian land, how the Depart14 ment— 

15 (1) processes and completes the reviews of en16 ergy-related documents in a timely and transparent 

17 manner; 

18 (2) monitors the timeliness of agency review for 

19 all energy-related documents; 

20 (3) maintains databases to track and monitor 

21 the review and approval process for energy-related 

22 documents associated with conventional and renew23 able Indian energy resources that require Secretarial 

24 approval prior to development, including— 

25 (A) any seismic exploration permits; 


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1 (B) permission to survey; 

2 (C) archeological and cultural surveys; 

3 (D) access permits; 

4 (E) environmental assessments; 

5 (F) oil and gas leases; 

6 (G) surface leases; 

7 (H) rights-of-way agreements; and 

8 (I) communitization agreements; 

9 (4) identifies in the databases— 

10 (A) the date lease applications and permits 

11 are received by the agency; 

12 (B) the status of the review; 

13 (C) the date the application or permit is 

14 considered complete and ready for review; 

15 (D) the date of approval; and 

16 (E) the start and end dates for any signifi17 cant delays in the review process; 

18 (5) tracks in the databases, for all energy-re19 lated leases, agreements, applications, and permits 

20 that involve multiple agency review— 

21 (A) the dates documents are transferred 

22 between agencies; 

23 (B) the status of the review; 

24 (C) the date the required reviews are com25 pleted; and 


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1 (D) the date interim or final decisions are 

2 issued. 

3 (b) INCLUSIONS.—The report under subsection (a) 

4 shall include— 

5 (1) a description of any intermediate and final 

6 deadlines for agency action on any Secretarial review 

7 and approval required for Indian conventional and 

8 renewable energy exploration and development ac9 tivities; 

10 (2) a description of the existing geographic 

11 database established by the Bureau of Indian Af12 fairs, explaining— 

13 (A) how the database identifies— 

14 (i) the location and ownership of all 

15 Indian oil and gas resources held in trust; 

16 (ii) resources available for lease; and 

17 (iii) the location of— 

18 (I) any lease of land held in trust 

19 or restricted fee on behalf of any In20 dian tribe or individual Indian; and 

21 (II) any rights-of-way on that 

22 land in effect; 

23 (B) how the information from the database 

24 is made available to— 


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1 (i) the officials of the Bureau of In2 dian Affairs with responsibility over the 

3 management and development of Indian 

4 resources; and 

5 (ii) resource owners; and 

6 (C) any barriers to identifying the informa7 tion described in subparagraphs (A) and (B) or 

8 any deficiencies in that information; and 

9 (3) an evaluation of— 

10 (A) the ability of each applicable agency to 

11 track and monitor the review and approval 

12 process of the agency for Indian energy develop13 ment; and 

14 (B) the extent to which each applicable 

15 agency complies with any intermediate and final 

16 deadlines. 

17 Subtitle B—Miscellaneous 

18 Amendments 

19 SEC. 11101. ISSUANCE OF PRELIMINARY PERMITS OR LI20 CENSES. 

21 (a) IN GENERAL.—Section 7(a) of the Federal Power 

22 Act (16 U.S.C. 800(a)) is amended by striking ‘‘States 

23 and municipalities’’ and inserting ‘‘States, Indian tribes, 

24 and municipalities’’. 


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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) shall not affect— 

3 (1) any preliminary permit or original license 

4 issued before the date of enactment of the Energy 

5 and Natural Resources Act of 2017; or 

6 (2) an application for an original license, if the 

7 Commission has issued a notice accepting that appli8 cation for filing pursuant to section 4.32(d) of title 

9 18, Code of Federal Regulations (or successor regu10 lations), before the date of enactment of the Energy 

11 and Natural Resources Act of 2017. 

12 (c) DEFINITION OF INDIAN TRIBE.—For purposes of 

13 section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) 

14 (as amended by subsection (a)), the term ‘‘Indian tribe’’ 

15 has the meaning given the term in section 4 of the Indian 

16 Self-Determination and Education Assistance Act (25 

17 U.S.C. 5304). 

18 SEC. 11102. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

19 (a) PURPOSE.—The purpose of this section is to es20 tablish a biomass demonstration project for federally rec21 ognized Indian tribes and Alaska Native corporations to 

22 promote biomass energy production. 

23 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

24 The Tribal Forest Protection Act of 2004 (25 U.S.C. 

25 3115a) is amended— 


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1 (1) in section 2(a), by striking ‘‘In this section’’ 

2 and inserting ‘‘In this Act’’; and 

3 (2) by adding at the end the following: 

4 ‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

5 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE6 MENTS.—For each of fiscal years 2017 through 2021, the 

7 Secretary shall enter into stewardship contracts or similar 

8 agreements (excluding direct service contracts) with In9 dian tribes to carry out demonstration projects to promote 

10 biomass energy production (including biofuel, heat, and 

11 electricity generation) on Indian forest land and in nearby 

12 communities by providing reliable supplies of woody bio13 mass from Federal land. 

14 ‘‘(b) DEMONSTRATION PROJECTS.—In each fiscal 

15 year for which projects are authorized, at least 4 new dem16 onstration projects that meet the eligibility criteria de17 scribed in subsection (c) shall be carried out under con18 tracts or agreements described in subsection (a). 

19 ‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to enter 

20 into a contract or agreement under this section, an Indian 

21 tribe shall submit to the Secretary an application— 

22 ‘‘(1) containing such information as the Sec23 retary may require; and 

24 ‘‘(2) that includes a description of— 


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1 ‘‘(A) the Indian forest land or rangeland 

2 under the jurisdiction of the Indian tribe; and 

3 ‘‘(B) the demonstration project proposed 

4 to be carried out by the Indian tribe. 

5 ‘‘(d) SELECTION.—In evaluating the applications 

6 submitted under subsection (c), the Secretary shall— 

7 ‘‘(1) take into consideration— 

8 ‘‘(A) the factors set forth in paragraphs 

9 (1) and (2) of section 2(e); and 

10 ‘‘(B) whether a proposed project would— 

11 ‘‘(i) increase the availability or reli12 ability of local or regional energy; 

13 ‘‘(ii) enhance the economic develop14 ment of the Indian tribe; 

15 ‘‘(iii) result in or improve the connec16 tion of electric power transmission facilities 

17 serving the Indian tribe with other electric 

18 transmission facilities; 

19 ‘‘(iv) improve the forest health or wa20 tersheds of Federal land or Indian forest 

21 land or rangeland; 

22 ‘‘(v) demonstrate new investments in 

23 infrastructure; or 

24 ‘‘(vi) otherwise promote the use of 

25 woody biomass; and 


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1 ‘‘(2) exclude from consideration any merchant2 able logs that have been identified by the Secretary 

3 for commercial sale. 

4 ‘‘(e) IMPLEMENTATION.—The Secretary shall— 

5 ‘‘(1) ensure that the criteria described in sub6 section (c) are publicly available by not later than 

7 120 days after the date of enactment of this section; 

8 and 

9 ‘‘(2) to the maximum extent practicable, consult 

10 with Indian tribes and appropriate intertribal orga11 nizations likely to be affected in developing the ap12 plication and otherwise carrying out this section. 

13 ‘‘(f) REPORT.—Not later than September 20, 2019, 

14 the Secretary shall submit to Congress a report that de15 scribes, with respect to the reporting period— 

16 ‘‘(1) each individual tribal application received 

17 under this section; and 

18 ‘‘(2) each contract and agreement entered into 

19 pursuant to this section. 

20 ‘‘(g) INCORPORATION OF MANAGEMENT PLANS.—In 

21 carrying out a contract or agreement under this section, 

22 on receipt of a request from an Indian tribe, the Secretary 

23 shall incorporate into the contract or agreement, to the 

24 maximum extent practicable, management plans (includ25 ing forest management and integrated resource manageVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 ment plans) in effect on the Indian forest land or range2 land of the respective Indian tribe. 

3 ‘‘(h) TERM.—A contract or agreement entered into 

4 under this section— 

5 ‘‘(1) shall be for a term of not more than 20 

6 years; and 

7 ‘‘(2) may be renewed in accordance with this 

8 section for not more than an additional 10 years.’’. 

9 (c) ALASKA NATIVE BIOMASS DEMONSTRATION

10 PROJECT.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) FEDERAL LAND.—The term ‘‘Federal 

13 land’’ means— 

14 (i) land of the National Forest System 

15 (as defined in section 11(a) of the Forest 

16 and Rangeland Renewable Resources Plan17 ning Act of 1974 (16 U.S.C. 1609(a)) ad18 ministered by the Secretary of Agriculture, 

19 acting through the Chief of the Forest 

20 Service; and 

21 (ii) public lands (as defined in section 

22 103 of the Federal Land Policy and Man23 agement Act of 1976 (43 U.S.C. 1702)), 

24 the surface of which is administered by the 

25 Secretary of the Interior, acting through 


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1 the Director of the Bureau of Land Man2 agement. 

3 (B) INDIAN TRIBE.—The term ‘‘Indian 

4 tribe’’ has the meaning given the term in sec5 tion 4 of the Indian Self-Determination and 

6 Education Assistance Act (25 U.S.C. 5304). 

7 (C) SECRETARY.—The term ‘‘Secretary’’ 

8 means— 

9 (i) the Secretary of Agriculture, with 

10 respect to land under the jurisdiction of 

11 the Forest Service; and 

12 (ii) the Secretary of the Interior, with 

13 respect to land under the jurisdiction of 

14 the Bureau of Land Management. 

15 (D) TRIBAL ORGANIZATION.—The term 

16 ‘‘tribal organization’’ has the meaning given the 

17 term in section 4 of the Indian Self-Determina18 tion and Education Assistance Act (25 U.S.C. 

19 5304). 

20 (2) AGREEMENTS.—For each of fiscal years 

21 2017 through 2021, the Secretary shall enter into 

22 an agreement or contract with an Indian tribe or a 

23 tribal organization to carry out a demonstration 

24 project to promote biomass energy production (in25 cluding biofuel, heat, and electricity generation) by 


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1 providing reliable supplies of woody biomass from 

2 Federal land. 

3 (3) DEMONSTRATION PROJECTS.—In each fiscal 

4 year for which projects are authorized, at least 1 

5 new demonstration project that meets the eligibility 

6 criteria described in paragraph (4) shall be carried 

7 out under contracts or agreements described in 

8 paragraph (2). 

9 (4) ELIGIBILITY CRITERIA.—To be eligible to 

10 enter into a contract or agreement under this sub11 section, an Indian tribe or tribal organization shall 

12 submit to the Secretary an application— 

13 (A) containing such information as the 

14 Secretary may require; and 

15 (B) that includes a description of the dem16 onstration project proposed to be carried out by 

17 the Indian tribe or tribal organization. 

18 (5) SELECTION.—In evaluating the applications 

19 submitted under paragraph (4), the Secretary 

20 shall— 

21 (A) take into consideration whether a pro22 posed project would— 

23 (i) increase the availability or reli24 ability of local or regional energy; 


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1 (ii) enhance the economic development 

2 of the Indian tribe; 

3 (iii) result in or improve the connec4 tion of electric power transmission facilities 

5 serving the Indian tribe with other electric 

6 transmission facilities; 

7 (iv) improve the forest health or wa8 tersheds of Federal land or non-Federal 

9 land; 

10 (v) demonstrate new investments in 

11 infrastructure; or 

12 (vi) otherwise promote the use of 

13 woody biomass; and 

14 (B) exclude from consideration any mer15 chantable logs that have been identified by the 

16 Secretary for commercial sale. 

17 (6) IMPLEMENTATION.—The Secretary shall— 

18 (A) ensure that the criteria described in 

19 paragraph (4) are publicly available by not later 

20 than 120 days after the date of enactment of 

21 this Act; and 

22 (B) to the maximum extent practicable, 

23 consult with Indian tribes and appropriate trib24 al organizations likely to be affected in develVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 oping the application and otherwise carrying 

2 out this subsection. 

3 (7) REPORT.—Not later than September 20, 

4 2019, the Secretary shall submit to Congress a re5 port that describes, with respect to the reporting pe6 riod— 

7 (A) each individual application received 

8 under this subsection; and 

9 (B) each contract and agreement entered 

10 into pursuant to this subsection. 

11 (8) TERM.—A contract or agreement entered 

12 into under this subsection— 

13 (A) shall be for a term of not more than 

14 20 years; and 

15 (B) may be renewed in accordance with 

16 this subsection for not more than an additional 

17 10 years. 

18 SEC. 11103. WEATHERIZATION PROGRAM. 

19 Section 413(d) of the Energy Conservation and Pro20 duction Act (42 U.S.C. 6863(d)) is amended— 

21 (1) by striking paragraph (1) and inserting the 

22 following: 

23 ‘‘(1) RESERVATION OF AMOUNTS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B) and notwithstanding any other proviVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00883 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 sion of this part, the Secretary shall reserve 

2 from amounts that would otherwise be allocated 

3 to a State under this part not less than 100 

4 percent, but not more than 150 percent, of an 

5 amount which bears the same proportion to the 

6 allocation of that State for the applicable fiscal 

7 year as the population of all low-income mem8 bers of an Indian tribe in that State bears to 

9 the population of all low-income individuals in 

10 that State. 

11 ‘‘(B) RESTRICTIONS.—Subparagraph (A) 

12 shall apply only if— 

13 ‘‘(i) the tribal organization serving the 

14 low-income members of the applicable In15 dian tribe requests that the Secretary 

16 make a grant directly; and 

17 ‘‘(ii) the Secretary determines that 

18 the low-income members of the applicable 

19 Indian tribe would be equally or better 

20 served by making a grant directly than a 

21 grant made to the State in which the low22 income members reside. 

23 ‘‘(C) PRESUMPTION.—If the tribal organi24 zation requesting the grant is a tribally des25 ignated housing entity (as defined in section 4 


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1 of the Native American Housing Assistance and 

2 Self-Determination Act of 1996 (25 U.S.C. 

3 4103)) that has operated without material audit 

4 exceptions (or without any material audit excep5 tions that were not corrected within a 3-year 

6 period), the Secretary shall presume that the 

7 low-income members of the applicable Indian 

8 tribe would be equally or better served by mak9 ing a grant directly to the tribal organization 

10 than by a grant made to the State in which the 

11 low-income members reside.’’; 

12 (2) in paragraph (2)— 

13 (A) by striking ‘‘The sums’’ and inserting 

14 ‘‘ADMINISTRATION.—The amounts’’; 

15 (B) by striking ‘‘on the basis of his deter16 mination’’; 

17 (C) by striking ‘‘individuals for whom such 

18 a determination has been made’’ and inserting 

19 ‘‘low-income members of the Indian tribe’’; and 

20 (D) by striking ‘‘he’’ and inserting ‘‘the 

21 Secretary’’; and 

22 (3) in paragraph (3), by striking ‘‘In order’’ 

23 and inserting ‘‘APPLICATION.—In order’’. 


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1 SEC. 11104. APPRAISALS. 

2 (a) IN GENERAL.—Title XXVI of the Energy Policy 

3 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add4 ing at the end the following: 

5 ‘‘SEC. 2607. APPRAISALS. 

6 ‘‘(a) IN GENERAL.—For any transaction that re7 quires approval of the Secretary and involves mineral or 

8 energy resources held in trust by the United States for 

9 the benefit of an Indian tribe or by an Indian tribe subject 

10 to Federal restrictions against alienation, any appraisal 

11 relating to fair market value of those resources required 

12 to be prepared under applicable law may be prepared by— 

13 ‘‘(1) the Secretary; 

14 ‘‘(2) the affected Indian tribe; or 

15 ‘‘(3) a certified, third-party appraiser pursuant 

16 to a contract with the Indian tribe. 

17 ‘‘(b) SECRETARIAL REVIEW AND APPROVAL.—Not 

18 later than 45 days after the date on which the Secretary 

19 receives an appraisal prepared by or for an Indian tribe 

20 under paragraph (2) or (3) of subsection (a), the Sec21 retary shall— 

22 ‘‘(1) review the appraisal; and 

23 ‘‘(2) approve the appraisal unless the Secretary 

24 determines that the appraisal fails to meet the 

25 standards set forth in regulations promulgated 

26 under subsection (d). 


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1 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary de2 termines that an appraisal submitted for approval under 

3 subsection (b) should be disapproved, the Secretary shall 

4 give written notice of the disapproval to the Indian tribe 

5 and a description of— 

6 ‘‘(1) each reason for the disapproval; and 

7 ‘‘(2) how the appraisal should be corrected or 

8 otherwise cured to meet the applicable standards set 

9 forth in the regulations promulgated under sub10 section (d). 

11 ‘‘(d) REGULATIONS.—The Secretary shall promul12 gate regulations to carry out this section, including stand13 ards the Secretary shall use for approving or disapproving 

14 the appraisal described in subsection (a).’’. 

15 SEC. 11105. LEASES OF RESTRICTED LANDS FOR NAVAJO 

16 NATION. 

17 (a) IN GENERAL.—Subsection (e)(1) of the first sec18 tion of the Act of August 9, 1955 (commonly known as 

19 the ‘‘Long-Term Leasing Act’’) (25 U.S.C. 415(e)(1)), is 

20 amended— 

21 (1) by striking ‘‘, except a lease for’’ and insert22 ing ‘‘, including a lease for’’; 

23 (2) by striking subparagraph (A) and inserting 

24 the following: 


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1 ‘‘(A) in the case of a business or agricul2 tural lease, 99 years;’’; 

3 (3) in subparagraph (B), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(C) in the case of a lease for the explo7 ration, development, or extraction of any min8 eral resource (including geothermal resources), 

9 25 years, except that— 

10 ‘‘(i) any such lease may include an op11 tion to renew for 1 additional term of not 

12 to exceed 25 years; and 

13 ‘‘(ii) any such lease for the explo14 ration, development, or extraction of an oil 

15 or gas resource shall be for a term of not 

16 to exceed 10 years, plus such additional 

17 period as the Navajo Nation determines to 

18 be appropriate in any case in which an oil 

19 or gas resource is produced in a paying 

20 quantity.’’. 

21 (b) GAO REPORT.—Not later than 5 years after the 

22 date of enactment of this Act, the Comptroller General 

23 of the United States shall prepare and submit to Congress 

24 a report describing the progress made in carrying out the 

25 amendment made by subsection (a). 


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1 SEC. 11106. EXTENSION OF TRIBAL LEASE PERIOD FOR THE 

2 CROW TRIBE OF MONTANA. 

3 Subsection (a) of the first section of the Act of Au4 gust 9, 1955 (25 U.S.C. 415(a)), is amended in the second 

5 sentence by inserting ‘‘, land held in trust for the Crow 

6 Tribe of Montana’’ after ‘‘Devils Lake Sioux Reserva7 tion’’. 

8 SEC. 11107. TRUST STATUS OF LEASE PAYMENTS. 

9 (a) TREATMENT OF LEASE PAYMENTS.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2) and at the request of the Indian tribe or 

12 individual Indian, any advance payments, bid depos13 its, or other earnest money received by the Secretary 

14 in connection with the review and Secretarial ap15 proval under any other Federal law (including regu16 lations) of a sale, lease, permit, or any other convey17 ance of any interest in any trust or restricted land 

18 of any Indian tribe or individual Indian shall, upon 

19 receipt and prior to Secretarial approval of the con20 tract or conveyance instrument, be held in the trust 

21 fund system for the benefit of the Indian tribe and 

22 individual Indian from whose land the funds were 

23 generated. 

24 (2) RESTRICTION.—If the advance payment, 

25 bid deposit, or other earnest money received by the 

26 Secretary results from competitive bidding, upon seVerDate Sep 11 2014 01:20 Jun 30, 2017 Jkt 069200 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 E:\BILLS\S1460.PCS S1460

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1 lection of the successful bidder, only the funds paid 

2 by the successful bidder shall be held in the trust 

3 fund system. 

4 (b) USE OF FUNDS.— 

5 (1) IN GENERAL.—On the approval of the Sec6 retary of a contract or other instrument for a sale, 

7 lease, permit, or any other conveyance described in 

8 subsection (a)(1), the funds held in the trust fund 

9 system and described in subsection (a), along with 

10 all income generated from the investment of those 

11 funds, shall be disbursed to the Indian tribe or indi12 vidual Indian landowners. 

13 (2) ADMINISTRATION.—If a contract or other 

14 instrument for a sale, lease, permit, or any other 

15 conveyance described in subsection (a)(1) is not ap16 proved by the Secretary, the funds held in the trust 

17 fund system and described in subsection (a), along 

18 with all income generated from the investment of 

19 those funds, shall be paid to the party identified in, 

20 and in such amount and on such terms as set out 

21 in, the applicable regulations, advertisement, or 

22 other notice governing the proposed conveyance of 

23 the interest in the land at issue. 

24 (c) APPLICABILITY.—This section shall apply to any 

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1 ceived by the Secretary in connection with the review and 

2 Secretarial approval under any other Federal law (includ3 ing regulations) of a sale, lease, permit, or any other con4 veyance of any interest in any trust or restricted land of 

5 any Indian tribe or individual Indian on or after the date 

6 of enactment of this Act. 


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Calendar No. 162 

115TH CONGRESS 

1ST SESSION S. 1460 

A BILL 

To provide for the modernization of the energy and 

and for other purposes. natural resources policies of the United States, 

JUNE 29, 2017 

Read the second time and placed on the calendar 


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