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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2954 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 2954

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2014

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
To authorize Escambia County, Florida, to convey certain property that 
 was formerly part of Santa Rosa Island National Monument and that was 
    conveyed to Escambia County subject to restrictions on use and 
                             reconveyance.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Access and Lands Improvement 
Act''.

  TITLE I--SANTA ROSA ISLAND TITLE FAIRNESS AND LAND PRESERVATION ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Santa Rosa Island Title Fairness 
and Land Preservation Act''.

SEC. 102. CONVEYANCE OF PROPERTY.

    (a) Conveyance Free of Restrictions.--Notwithstanding the 
restrictions on conveyance of property located on Santa Rosa Island, 
Florida, contained in the Act of July 30, 1946 (chapter 699; 70 Stat. 
712), and the deed to the property from the United States to Escambia 
County, Florida, dated January 15, 1947, Escambia County may, at its 
discretion, convey or otherwise dispose of all of its right, title, and 
interest (in whole or in part), in and to any portion of the property 
that was conveyed to it pursuant to that Act and deed, to any person or 
entity, free from any restriction on conveyance or reconveyance imposed 
by the United States in that Act or deed. Any conveyance under this 
subsection shall be subject to the conditions set forth in subsection 
(c).
    (b) Leasehold Interests.--No person or entity holding a leasehold 
interest in the property as of the date of the enactment of this Act 
shall be required to involuntarily accept a fee interest in lieu of 
their leasehold interest in the property.
    (c) Conditions.--Any conveyance under subsection (a) shall be 
subject to the following conditions:
            (1) Not later than two calendar years after the date of the 
        enactment of this Act, Escambia County shall convey to Santa 
        Rosa County all right, title, and interest held in and to any 
        portion of the property that was conveyed to Escambia County 
        under the Act and deed that fall in the jurisdictional 
        boundaries of Santa Rosa County, Florida. The conveyance by 
        Escambia County to Santa Rosa County shall be absolute and 
        shall terminate any subjugation of Santa Rosa County to 
        Escambia County or any regulation of Santa Rosa County by 
        Escambia County. Santa Rosa County shall not be required to pay 
        any sum for the subject property other than actual costs 
        associated with the conveyance.
            (2) Santa Rosa County or any other person to which property 
        is conveyed under this title may reconvey property, or any 
        portion of property, conveyed to it under this section.
            (3) For all properties defined under subsection (a) the 
        leaseholders, or owners are free to pursue incorporation, 
        annexation, or any other governmental status so long as all 
        other legal conditions required for doing so are followed.
            (4) Each property defined under subsection (a) is under the 
        jurisdiction of the county and any other local government 
        entity in which the property is located.
            (5) Any proceeds from the conveyance of any property 
        defined under subsection (a) by Escambia County or Santa Rosa 
        County, other than direct and incidental costs associated with 
        such conveyance, shall be considered windfall profits and shall 
        revert to the United States.
            (6) Escambia County and Santa Rosa County shall in 
        perpetuity preserve those areas on Santa Rosa Island currently 
        dedicated to conservation, preservation, public, recreation, 
        access and public parking in accordance with resolutions 
        heretofore adopted by the Board of County Commissioners of each 
        respective county.
    (d) Determination of Compliance.--Escambia County and Santa Rosa 
County shall have no deadline or requirement to make any conveyance or 
reconveyance of any property defined under subsection (a) other than 
the conveyance required under subsection (c)(1). Each county may 
establish terms for conveyance or reconveyance, subject to the 
conditions set forth in this title and applicable State law.

                TITLE II--ANCHORAGE LAND CONVEYANCE ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Anchorage Land Conveyance Act of 
2014''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) City.--The term ``City'' means the city of Anchorage, 
        Alaska.
            (2) Non-federal land.--The term ``non-Federal land'' means 
        certain parcels of land located in the City and owned by the 
        City, which are more particularly described as follows:
                    (A) Block 42, Original Townsite of Anchorage, 
                Anchorage Recording District, Third Judicial District, 
                State of Alaska, consisting of approximately 1.93 
                acres, commonly known as the Egan Center, Petrovich 
                Park, and Old City Hall.
                    (B) Lots 9, 10, and 11, Block 66, Original Townsite 
                of Anchorage, Anchorage Recording District, Third 
                Judicial District, State of Alaska, consisting of 
                approximately 0.48 acres, commonly known as the parking 
                lot at 7th Avenue and I Street.
                    (C) Lot 13, Block 15, Original Townsite of 
                Anchorage, Anchorage Recording District, Third Judicial 
                District, State of Alaska, consisting of approximately 
                0.24 acres, an unimproved vacant lot located at H 
                Street and Christensen Drive.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 203. CONVEYANCE OF REVERSIONARY INTERESTS, ANCHORAGE, ALASKA.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall convey to the City, without consideration, the 
reversionary interests of the United States in and to the non-Federal 
land for the purpose of unencumbering the title to the non-Federal land 
to enable economic development of the non-Federal land.
    (b) Legal Descriptions.--As soon as practicable after the date of 
enactment of this Act, the exact legal descriptions of the non-Federal 
land shall be determined in a manner satisfactory to the Secretary.
    (c) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions to the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the interests of 
the United States.
    (d) Costs.--The City shall pay all costs associated with the 
conveyance under subsection (a), including the costs of any surveys, 
recording costs, and other reasonable costs.

           TITLE III--FERNLEY ECONOMIC SELF-DETERMINATION ACT

SEC. 301. DEFINITIONS.

    In this title:
            (1) City.--The term ``City'' means the City of Fernley, 
        Nevada.
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 9,407 acres of land located in the City of 
        Fernley, Nevada, that is identified by the Secretary and the 
        City for conveyance under this title.
            (3) Map.--The term ``map'' means the map entitled 
        ``Proposed Fernley, Nevada, Land Sales'' and dated January 25, 
        2013.

SEC. 302. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY, 
              NEVADA.

    (a) Conveyance Authorized.--Subject to valid existing rights and 
not later than 180 days after the date on which the Secretary of the 
Interior receives an offer from the City to purchase the Federal land 
depicted on the map, the Secretary, acting through the Bureau of Land 
Management and the Bureau of Reclamation, shall convey, notwithstanding 
the land use planning requirements of sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 
to the City in exchange for consideration in an amount equal to the 
fair market value of the Federal land, all right, title, and interest 
of the United States in and to such Federal land.
    (b) Appraisal To Determine Fair Market Value.--The Secretary shall 
determine the fair market value of the Federal land to be conveyed--
            (1) in accordance with the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.); and
            (2) based on an appraisal that is conducted in accordance 
        with nationally recognized appraisal standards, including--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisition; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the Bureau of Land 
Management.
    (d) Reservation of Easements and Rights-of-Way.--The City and the 
Bureau of Reclamation may retain easements or rights-of-way on the 
Federal land to be conveyed, including easements or rights-of-way the 
Bureau of Reclamation determines are necessary to carry out--
            (1) the operation and maintenance of the Truckee Canal; or
            (2) the Newlands Project.
    (e) Costs.--The City shall, at closing for the conveyance 
authorized under subsection (a), pay or reimburse the Secretary, as 
appropriate, for the reasonable transaction and administrative 
personnel costs associated with the conveyance authorized under such 
subsection, including the costs of appraisal, title searches, maps, and 
boundary and cadastral surveys.
    (f) Conveyance Not a Major Federal Action.--A conveyance or a 
combination of conveyances made under this section shall not be 
considered a major Federal action for purposes of section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).

SEC. 303. RELEASE OF UNITED STATES.

    Upon making the conveyance under section 302, notwithstanding any 
other provision of law, the United States is released from any and all 
liabilities or claims of any kind or nature arising from the presence, 
release, or threat of release of any hazardous substance, pollutant, 
contaminant, petroleum product (or derivative of a petroleum product of 
any kind), solid waste, mine materials or mining related features 
(including tailings, overburden, waste rock, mill remnants, pits, or 
other hazards resulting from the presence of mining related features) 
on the Federal land in existence on or before the date of the 
conveyance.

SEC. 304. WITHDRAWAL.

    Subject to valid existing rights, the Federal land to be conveyed 
under section 302 of this title shall be withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under the mineral leasing, mineral 
        materials, and geothermal leasing laws.

        TITLE IV--LAND DISPOSAL TRANSPARENCY AND EFFICIENCY ACT

SEC. 401. PROHIBITION ON ACQUISITION OF LAND.

    (a) Short Title.--This title may be cited as the ``Land Disposal 
Transparency and Efficiency Act''.
    (b) Prohibition on Acquisition of Land.--No land or interests in 
land may be added by acquisition, donation, transfer of administrative 
jurisdiction, or otherwise to the inventory of land and interests in 
land administered by the Bureau of Land Management until a centralized 
database of all lands identified as suitable for disposal by Resource 
Management Plans for lands under the administrative jurisdiction of the 
Bureau is easily accessible to the public on a website of the Bureau. 
The database required under this subsection shall be updated and 
maintained to reflect changes in the status of lands identified for 
disposal under the administrative jurisdiction of the Bureau.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Interior shall provide to the 
Committee on Natural Resources in the House of Representatives and the 
Committee on Energy and Natural Resources in the Senate a report 
detailing the status and timing for completion of the database required 
by subsection (b).

     TITLE V--PRESERVING ACCESS TO CAPE HATTERAS NATIONAL SEASHORE 
                         RECREATIONAL AREA ACT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Preserving Access to Cape Hatteras 
National Seashore Recreational Area Act''.

SEC. 502. REINSTATEMENT OF INTERIM MANAGEMENT STRATEGY.

    (a) Management.--After the date of the enactment of this Act, Cape 
Hatteras National Seashore Recreational Area shall be managed in 
accordance with the Interim Protected Species Management Strategy/
Environmental Assessment issued by the National Park Service on June 
13, 2007, for the Cape Hatteras National Seashore Recreational Area, 
North Carolina, unless the Secretary of the Interior (hereafter in this 
title referred to as the ``Secretary'') issues a new final rule that 
meets the requirements set forth in section 503.
    (b) Restrictions.--The Secretary shall not impose any additional 
restrictions on pedestrian or motorized vehicular access to any portion 
of Cape Hatteras National Seashore Recreational Area for species 
protection beyond those in the Interim Management Strategy, other than 
as specifically authorized pursuant to section 503 of this title.

SEC. 503. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE HATTERAS NATIONAL 
              SEASHORE RECREATIONAL AREA FOR SPECIES PROTECTION.

    (a) In General.--If, based on peer-reviewed science and after 
public comment, the Secretary determines that additional restrictions 
on access to a portion of the Cape Hatteras National Seashore 
Recreational Area are necessary to protect species listed as endangered 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the 
Secretary may only restrict, by limitation, closure, buffer, or 
otherwise, pedestrian and motorized vehicular access for recreational 
activities for the shortest possible time and on the smallest possible 
portions of the Cape Hatteras National Seashore Recreational Area.
    (b) Limitation on Restrictions.--Restrictions imposed under this 
section for protection of species listed as endangered under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be 
greater than the restrictions in effect for that species at any other 
National Seashore.
    (c) Corridors Around Closures.--To the maximum extent possible, the 
Secretary shall designate pedestrian and vehicular corridors of minimal 
distance on the beach or interdunal area around closures implemented 
under this section to allow access to areas not closed.

SEC. 504. INAPPLICABILITY OF FINAL RULE AND CONSENT DECREE.

    (a) Final Rule.--The final rule titled ``Special Regulations, Areas 
of the National Park System, Cape Hatteras National Seashore--Off-Road 
Vehicle Management'' (77 Fed. Reg. 3123-3144) shall have no force or 
effect after the date of the enactment of this Act.
    (b) Consent Decree.--The April 30, 2008, consent decree filed in 
the United States District Court for the Eastern District of North 
Carolina regarding off-road vehicle use at Cape Hatteras National 
Seashore in North Carolina shall not apply after the date of the 
enactment of this Act.

        TITLE VI--GREEN MOUNTAIN LOOKOUT HERITAGE PROTECTION ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Green Mountain Lookout Heritage 
Protection Act''.

SEC. 602. CLARIFICATION OF LEGAL AUTHORITY OF GREEN MOUNTAIN LOOKOUT.

    (a) Legal Authority of Lookout.--Section 4(b) of the Washington 
State Wilderness Act of 1984 (Public Law 98-339; 98 Stat. 300; 16 
U.S.C. 1131 note) is amended by striking the period at the end and 
inserting the following: ``, and except that with respect to the lands 
described in section 3(5), the designation of such lands as a 
wilderness area shall not preclude the operation and maintenance of 
Green Mountain Lookout.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Washington State 
Wilderness Act of 1984.

SEC. 603. PRESERVATION OF GREEN MOUNTAIN LOOKOUT LOCATION.

    The Secretary of Agriculture, acting through the Chief of the 
Forest Service, may not move Green Mountain Lookout from its current 
location on Green Mountain in the Mount Baker-Snoqualmie National 
Forest unless the Secretary determines that moving Green Mountain 
Lookout is necessary to preserve the Lookout or to ensure the safety of 
individuals on or around Green Mountain. If the Secretary makes such a 
determination, the Secretary shall move the Green Mountain Lookout to a 
location outside of the lands described in section 3(5) of the 
Washington State Wilderness Act of 1984 and designated as a wilderness 
area in section 4(b) of such Act.

                TITLE VII--RIVER PADDLING PROTECTION ACT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``River Paddling Protection Act''.

SEC. 702. REGULATIONS SUPERSEDED.

    (a) In General.--The rivers and streams of Yellowstone National 
Park and Grand Teton National Park shall be open to hand-propelled 
vessels as determined by the director of the National Park Service 
within 3 years of the date of enactment of this Act. Beginning on the 
date that is 3 years after the date of enactment of this Act, the 
following regulations shall have no the force or effect regarding 
closing rivers and streams of Yellowstone National Park and Grand Teton 
National Park to hand-propelled vessels:
            (1) Section 7.13(d)(4)(ii) of title 36, Code of Federal 
        Regulations, regarding vessels on streams and rivers in 
        Yellowstone National Park.
            (2) Section 7.22(e)(3) of title 36, Code of Federal 
        Regulations, regarding vessels on lakes and rivers in Grand 
        Teton National Park.
    (b) Coordination of Recreational Use.--The Fish and Wildlife 
Service shall coordinate any recreational use of hand-propelled vessels 
on the Gros Ventre River within the National Elk Refuge with Grand 
Teton National Park to ensure such use is consistent with the 
requirements of the National Wildlife Refuge Administration Act.

                  TITLE VIII--GRAZING IMPROVEMENT ACT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Grazing Improvement Act''.

SEC. 802. TERMS OF GRAZING PERMITS AND LEASES.

    Section 402 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1752) is amended--
            (1) by striking ``ten years'' each place it appears and 
        inserting ``20 years''; and
            (2) after subsection (h), insert the following new 
        subsections:
    ``(i) Only applicants, permittees and lessees whose interest in 
grazing livestock is directly affected by a final grazing decision 
concerning renewal, transfer or reissuance of a grazing permit or lease 
may appeal the decision to an administrative law judge or appeal 
officer as applicable.
    ``(j) Legal Fees.--
            ``(1) Any person, other than a directly affected party, 
        challenging an action of the Secretary concerned regarding a 
        final grazing decision in Federal court who is not a prevailing 
        party shall pay to the prevailing parties (including a directly 
        affected party who intervenes in such suit) fees and other 
        expenses incurred by that party in connection with the 
        challenge unless the Court finds that the position of the 
        person was substantially justified.
            ``(2) For purposes of this subsection, the term ``directly 
        affected party'' means any applicant, permittee, or lessee (or 
        any organization representing applicants, permittees or 
        lessees) whose interest in grazing livestock is directly 
        affected by the final grazing decision.''.

SEC. 803. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND 
              LEASES.

    (a) Amendment.--Title IV of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end 
the following:

``SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND 
              LEASES.

    ``(a) Definitions.--In this section:
            ``(1) Current grazing management.--The term `current 
        grazing management' means grazing in accordance with the terms 
        and conditions of an existing permit or lease.
            ``(2) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    ``(B) the Secretary of the Interior, with respect 
                to land under the jurisdiction of the Department of the 
                Interior.
    ``(b) Renewal, Transfer, Reissuance, and Pending Processing.--A 
grazing permit or lease issued by the Secretary of the Interior, or a 
grazing permit issued by the Secretary of Agriculture regarding 
National Forest System land, that expires, is transferred, or is waived 
shall be renewed or reissued under, as appropriate--
            ``(1) section 402;
            ``(2) section 19 of the Act of April 24, 1950 (commonly 
        known as the `Granger-Thye Act'; 16 U.S.C. 580l);
            ``(3) title III of the Bankhead-Jones Farm Tenant Act (7 
        U.S.C. 1010 et seq.); or
            ``(4) section 510 the California Desert Protection Act of 
        1994 (16 U.S.C. 410aaa-50).
    ``(c) Terms; Conditions.--The terms and conditions (except the 
termination date) contained in an expired, transferred, or waived 
permit or lease described in subsection (b) shall continue in effect 
under a renewed or reissued permit or lease until the date on which the 
Secretary concerned completes the processing of the renewed or reissued 
permit or lease that is the subject of the expired, transferred, or 
waived permit or lease, in compliance with each applicable law.
    ``(d) Cancellation; Suspension; Modification.--Notwithstanding 
subsection (c), a permit or lease described in subsection (b) may be 
cancelled, suspended, or modified in accordance with applicable law.
    ``(e) Renewal Transfer Reissuance After Processing.--When the 
Secretary concerned has completed the processing of the renewed or 
reissued permit or lease that is the subject of the expired, 
transferred, or waived permit or lease, the Secretary concerned shall 
renew or reissue the permit or lease for a term of 20 years after 
completion of processing.
    ``(f) Compliance With National Environmental Policy Act of 1969.--
The renewal, reissuance, or transfer of a grazing permit or lease by 
the Secretary concerned shall be categorically excluded from the 
requirement to prepare an environmental assessment or an environmental 
impact statement if--
            ``(1) the decision continues to renew, reissue, or transfer 
        the current grazing management of the allotment;
            ``(2) monitoring of the allotment has indicated that the 
        current grazing management has met, or has satisfactorily 
        progressed towards meeting, objectives contained in the 
        applicable land use or resource management plan of the 
        allotment, as determined by the Secretary concerned; or
            ``(3) the decision is consistent with the policy of the 
        Department of the Interior or the Department of Agriculture, as 
        appropriate, regarding extraordinary circumstances.
    ``(g) Environmental Reviews.--
            ``(1) The Secretary concerned, in the sole discretion of 
        the Secretary concerned, shall determine the priority and 
        timing for completing required environmental reviews regarding 
        any grazing allotment, permit, or lease based on the 
        environmental significance of the allotment, permit, or lease 
        and available funding for that purpose.
            ``(2) The Secretary concerned shall seek to conduct 
        environmental reviews on an allotment or multiple allotment 
        basis, to the extent practicable, for purposes of compliance 
        with the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) and other applicable laws.
    ``(h) NEPA Exemptions.--The National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:
            ``(1) Crossing and trailing authorizations of domestic 
        livestock.
            ``(2) Transfer of grazing preference.
            ``(3) Range improvements as defined under 43 U.S.C. 315c 
        and 16 U.S.C. 580h.
    ``(i) Temporary Trailing and Crossing.--
            ``(1) Any application for temporary trailing or crossing 
        that has been submitted in a timely manner or not less than 30 
        days prior to the anticipated trailing or crossing shall be 
        granted, modified or denied not less than fifteen days prior to 
        the date of requested crossing or trailing. The minimum times 
        specified in this subsection shall not preclude the approval of 
        an application in a shorter time where an immediate need 
        exists.
            ``(2) Temporary trailing or crossing authorizations across 
        lands administered by the Bureau of Land Management or the 
        Forest Service system of lands shall not be subject to protest 
        or appeal except by the applicant or an affected permittee or 
        lessee.''.
    (b) Table of Contents.--The table of contents for the Federal Land 
Policy and Management Act of 1976 is amended by adding after the item 
for section 404, the following:

``Sec. 405. Renewal, transfer, and reissuance of grazing permits and 
                            leases.''.

                TITLE IX--RIM FIRE EMERGENCY SALVAGE ACT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Rim Fire Emergency Salvage Act''.

SEC. 902. EXPEDITED FOREST SERVICE TIMBER SALVAGE AND RESTORATION PILOT 
              PROJECTS IN RESPONSE TO THE CALIFORNIA RIM FIRE.

    (a) Pilot Projects Required.--As part of the restoration and 
rehabilitation activities undertaken on the lands within the Stanislaus 
National Forest adversely impacted by the 2013 Rim Fire in California, 
the Secretary of Agriculture shall conduct a timber salvage and 
restoration pilot project on burned National Forest System land within 
the Rim Fire perimeter.
    (b) Management Plan.--
            (1) Use of eis proposed alternative.--The Secretary of 
        Agriculture shall conduct the pilot project required by 
        subsection (a) in the manner provided in the proposed 
        alternative contained in the draft environmental impact 
        statement noticed in the Federal Register on December 6, 2013, 
        for Rim Fire recovery.
            (2) Modification.--During the course of the pilot project, 
        the Secretary may adopt such modifications to the management 
        plan as the Secretary considers appropriate in response to 
        public comment and consultation with interested Federal, State, 
        and tribal agencies.
    (c) Legal Sufficiency.--The pilot project required by subsection 
(a), and activities conducted under the pilot project, are deemed to be 
in compliance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), section 14 of the National Forest Management Act 
of 1976 (16 U.S.C. 472a), the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1600 et seq.), the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.), and the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (d) Administrative and Judicial Review and Action.--The pilot 
project required by subsection (a), and activities conducted under the 
pilot project, are not subject to--
            (1) administrative review;
            (2) judicial review by any court of the United States; or
            (3) a temporary restraining order or preliminary injunction 
        based on environmental impacts in a case for which a final 
        decision has not been issued.

SEC. 903. SENSE OF CONGRESS REGARDING USE OF FUNDS GENERATED FROM 
              SALVAGE SALES CONDUCTED AFTER CATASTROPHIC WILD FIRES ON 
              NATIONAL FOREST SYSTEM LAND OR BUREAU OF LAND MANAGEMENT 
              LANDS.

    It is the sense of Congress that the Secretary of Agriculture, with 
respect to National Forest System lands, and the Secretary of the 
Interior, with respect to Bureau of Land Management land, should use 
existing authorities available to the Secretary to retain revenues 
(other than revenues required to be deposited in the general fund of 
the Treasury) generated by salvage sales conducted in response to 
catastrophic wild fires on such land to cover the cost of restoration 
projects on such land.

        TITLE X--CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY ACT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Chesapeake Bay Accountability and 
Recovery Act of 2014''.

SEC. 1002. CHESAPEAKE BAY CROSSCUT BUDGET.

    (a) Crosscut Budget.--The Director, in consultation with the 
Chesapeake Executive Council, the chief executive of each Chesapeake 
Bay State, and the Chesapeake Bay Commission, shall submit to Congress 
a financial report containing--
            (1) an interagency crosscut budget that displays--
                    (A) the proposed funding for any Federal 
                restoration activity to be carried out in the 
                succeeding fiscal year, including any planned 
                interagency or intra-agency transfer, for each of the 
                Federal agencies that carry out restoration activities;
                    (B) to the extent that information is available, 
                the estimated funding for any State restoration 
                activity to be carried out in the succeeding fiscal 
                year;
                    (C) all expenditures for Federal restoration 
                activities from the preceding 2 fiscal years, the 
                current fiscal year, and the succeeding fiscal year; 
                and
                    (D) all expenditures, to the extent that 
                information is available, for State restoration 
                activities during the equivalent time period described 
                in subparagraph (C);
            (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies for restoration activities 
        during the current and preceding fiscal years, including the 
        identification of funds which were transferred to a Chesapeake 
        Bay State for restoration activities;
            (3) to the extent that information is available, a detailed 
        accounting from each State of all funds received and obligated 
        from a Federal agency for restoration activities during the 
        current and preceding fiscal years; and
            (4) a description of each of the proposed Federal and State 
        restoration activities to be carried out in the succeeding 
        fiscal year (corresponding to those activities listed in 
        subparagraphs (A) and (B) of paragraph (1)), including the--
                    (A) project description;
                    (B) current status of the project;
                    (C) Federal or State statutory or regulatory 
                authority, programs, or responsible agencies;
                    (D) authorization level for appropriations;
                    (E) project timeline, including benchmarks;
                    (F) references to project documents;
                    (G) descriptions of risks and uncertainties of 
                project implementation;
                    (H) adaptive management actions or framework;
                    (I) coordinating entities;
                    (J) funding history;
                    (K) cost sharing; and
                    (L) alignment with existing Chesapeake Bay 
                Agreement and Chesapeake Executive Council goals and 
                priorities.
    (b) Minimum Funding Levels.--The Director shall only describe 
restoration activities in the report required under subsection (a) 
that--
            (1) for Federal restoration activities, have funding 
        amounts greater than or equal to $100,000; and
            (2) for State restoration activities, have funding amounts 
        greater than or equal to $50,000.
    (c) Deadline.--The Director shall submit to Congress the report 
required by subsection (a) not later than 30 days after the submission 
by the President of the President's annual budget to Congress.
    (d) Report.--Copies of the financial report required by subsection 
(a) shall be submitted to the Committees on Appropriations, Natural 
Resources, Energy and Commerce, and Transportation and Infrastructure 
of the House of Representatives and the Committees on Appropriations, 
Environment and Public Works, and Commerce, Science, and Transportation 
of the Senate.
    (e) Effective Date.--This section shall apply beginning with the 
first fiscal year after the date of enactment of this Act for which the 
President submits a budget to Congress.

SEC. 1003. RESTORATION THROUGH ADAPTIVE MANAGEMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator, in consultation with other Federal and 
State agencies, and with the participation of stakeholders, shall 
develop a plan to provide technical and financial assistance to 
Chesapeake Bay States to employ adaptive management in carrying out 
restoration activities in the Chesapeake Bay watershed.
    (b) Plan Development.--The plan referred to in subsection (a) shall 
include--
            (1) specific and measurable objectives to improve water 
        quality, habitat, and fisheries identified by Chesapeake Bay 
        States;
            (2) a process for stakeholder participation;
            (3) monitoring, modeling, experimentation, and other 
        research and evaluation technical assistance requested by 
        Chesapeake Bay States;
            (4) identification of State restoration activities planned 
        by Chesapeake Bay States to attain the State's objectives under 
        paragraph (1);
            (5) identification of Federal restoration activities that 
        could help a Chesapeake Bay State to attain the State's 
        objectives under paragraph (1);
            (6) recommendations for a process for modification of State 
        and Federal restoration activities that have not attained or 
        will not attain the specific and measurable objectives set 
        forth under paragraph (1); and
            (7) recommendations for a process for integrating and 
        prioritizing State and Federal restoration activities and 
        programs to which adaptive management can be applied.
    (c) Implementation.--In addition to carrying out Federal 
restoration activities under existing authorities and funding, the 
Administrator shall implement the plan developed under subsection (a) 
by providing technical and financial assistance to Chesapeake Bay 
States using resources available for such purposes that are identified 
by the Director under section 1002.
    (d) Updates.--The Administrator shall update the plan developed 
under subsection (a) every 2 years.
    (e) Report to Congress.--
            (1) In general.--Not later than 60 days after the end of a 
        fiscal year, the Administrator shall transmit to Congress an 
        annual report on the implementation of the plan required under 
        this section for such fiscal year.
            (2) Contents.--The report required under paragraph (1) 
        shall contain information about the application of adaptive 
        management to restoration activities and programs, including 
        level changes implemented through the process of adaptive 
        management.
            (3) Effective date.--Paragraph (1) shall apply to the first 
        fiscal year that begins after the date of enactment of this 
        Act.
    (f) Inclusion of Plan in Annual Action Plan and Annual Progress 
Report.--The Administrator shall ensure that the Annual Action Plan and 
Annual Progress Report required by section 205 of Executive Order No. 
13508 includes the adaptive management plan outlined in subsection (a).

SEC. 1004. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.

    (a) In General.--There shall be an Independent Evaluator for 
restoration activities in the Chesapeake Bay watershed, who shall 
review and report on restoration activities and the use of adaptive 
management in restoration activities, including on such related topics 
as are suggested by the Chesapeake Executive Council.
    (b) Appointment.--
            (1) In general.--The Independent Evaluator shall be 
        appointed by the Administrator from among nominees submitted by 
        the Chesapeake Executive Council.
            (2) Nominations.--The Chesapeake Executive Council may 
        submit to the Administrator 4 nominees for appointment to any 
        vacancy in the office of the Independent Evaluator.
    (c) Reports.--The Independent Evaluator shall submit a report to 
the Congress every 2 years in the findings and recommendations of 
reviews under this section.
    (d) Chesapeake Executive Council.--In this section, the term 
``Chesapeake Executive Council'' has the meaning given that term by 
section 307 of the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 (Public Law 102-567; 15 U.S.C. 1511d).

SEC. 1005. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Adaptive management.--The term ``adaptive management'' 
        means a type of natural resource management in which project 
        and program decisions are made as part of an ongoing science-
        based process. Adaptive management involves testing, 
        monitoring, and evaluating applied strategies and incorporating 
        new knowledge into programs and restoration activities that are 
        based on scientific findings and the needs of society. Results 
        are used to modify management policy, strategies, practices, 
        programs, and restoration activities.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Chesapeake bay state.--The term ``Chesapeake Bay 
        State'' or ``State'' means the States of Maryland, West 
        Virginia, Delaware, and New York, the Commonwealths of Virginia 
        and Pennsylvania, and the District of Columbia.
            (4) Chesapeake bay watershed.--The term ``Chesapeake Bay 
        watershed'' means the Chesapeake Bay and the geographic area, 
        as determined by the Secretary of the Interior, consisting of 
        36 tributary basins, within the Chesapeake Bay States, through 
        which precipitation drains into the Chesapeake Bay.
            (5) Chief executive.--The term ``chief executive'' means, 
        in the case of a State or Commonwealth, the Governor of each 
        such State or Commonwealth and, in the case of the District of 
        Columbia, the Mayor of the District of Columbia.
            (6) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (7) State restoration activities.--The term ``State 
        restoration activities'' means any State programs or projects 
        carried out under State authority that directly or indirectly 
        protect, conserve, or restore living resources, habitat, water 
        resources, or water quality in the Chesapeake Bay watershed, 
        including programs or projects that promote responsible land 
        use, stewardship, and community engagement in the Chesapeake 
        Bay watershed. Restoration activities may be categorized as 
        follows:
                    (A) Physical restoration.
                    (B) Planning.
                    (C) Feasibility studies.
                    (D) Scientific research.
                    (E) Monitoring.
                    (F) Education.
                    (G) Infrastructure development.
            (8) Federal restoration activities.--The term ``Federal 
        restoration activities'' means any Federal programs or projects 
        carried out under existing Federal authority that directly or 
        indirectly protect, conserve, or restore living resources, 
        habitat, water resources, or water quality in the Chesapeake 
        Bay watershed, including programs or projects that provide 
        financial and technical assistance to promote responsible land 
        use, stewardship, and community engagement in the Chesapeake 
        Bay watershed. Restoration activities may be categorized as 
        follows:
                    (A) Physical restoration.
                    (B) Planning.
                    (C) Feasibility studies.
                    (D) Scientific research.
                    (E) Monitoring.
                    (F) Education.
                    (G) Infrastructure development.

               TITLE XI--ALASKA NATIVE VETERAN ALLOTMENT

SEC. 1101. ALASKA NATIVE VETERAN ALLOTMENT.

    (a) Definitions.--In this section:
            (1) Application.--The term ``application'' means the Alaska 
        Native Veteran Allotment application numbered AA-084021-B.
            (2) Federal land.--The term ``Federal land'' means the 80 
        acres of Federal land that is--
                    (A) described in the application; and
                    (B) depicted as Lot 2 in U.S. Survey No. 13957, 
                Alaska, that was officially filed on October 9, 2009.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b)  Issuance of Patent.--Notwithstanding section 41 of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1629g) and subject to 
subsection (c), the Secretary shall--
            (1) approve the application; and
            (2) issue a patent for the Federal land to the person that 
        submitted the application.
    (c) Terms and Conditions.--
            (1) In general.--The patent issued under subsection (b) 
        shall--
                    (A) only be for the surface rights to the Federal 
                land; and
                    (B) be subject to the terms and conditions of any 
                certificate issued under section 41 of the Alaska 
                Native Claims Settlement Act (43 U.S.C. 1629g), 
                including terms and conditions providing that--
                            (i) the patent is subject to valid existing 
                        rights, including any right of the United 
                        States to income derived, directly or 
                        indirectly, from a lease, license, permit, 
                        right-of-way, or easement on the Federal land; 
                        and
                            (ii) the United States shall reserve an 
                        interest in deposits of oil, gas, and coal on 
                        the Federal land, including the right to 
                        explore, mine, and remove the minerals on 
                        portions of the Federal land that the Secretary 
                        determines to be prospectively valuable for 
                        development.
            (2) Additional terms and conditions.--The Secretary may 
        require any additional terms and conditions for the issuance of 
        the patent under subsection (a) that the Secretary determines 
        to be 

              

        appropriate to protect the interests of the United States.

            Passed the House of Representatives February 6, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```